Zoning Board of Adjustment
Meeting Minutes
August 20, 2003
Meeting opens at 7:30 pm
In attendance; Roger Phelps, John Gryval, Craig Pettigrew, Dale Sanford, Kevin O’Connell
Roger hands out news clipping pertaining to Hillsborough ZBA setback case recently in news.
John Gryval distributes handout and discusses on zoning powers.
8:00 Public session opens with case 03-2.
John explains process to applicant
Notification verification requested by John and received
Kevin presents bill to applicant, receives $175.58 (# 710) check form applicant.
Abutters Charlene Cyr and Cheri Macki present
Discussion opens with Applicant stating why she was there for a variance. Discusses aquiring the shed. States that dealer noted to her that she was responsible for meeting all town regulations, and that she forgot to follow through. App discussed having a conversation with Peter Hopkins and Peter explaining setback. Applicant “admits she was in remiss, but would like to move forward.”
Roger discussed how house placement before zoning existed gives a false impression of what can be done with lot.
Craig questions lot topography, applicant clarifies map.
Roger states it adds significant details
Map shows boulder exist in front of shed, John asks about boulder, Abutter states too large to move, it’s ledge
Craig questions boulder height, various heights given, diminishing with time.
John explains possible outcomes of case to App.
Cheri Macki states she has no problem with shed.
Charlene Cyr approves, but has concern about value of property she plans to sell. However does not want to go on record as stating it will diminish property value.
Craig questions who owns the road. Explained private ROW
John asks about rock, Craig asks rock height.
John asks for Peter Hopkins opinion.
Peter states he understands these lots’ shortcomings and how it relates to setbacks, general discussion of small lot and reduced setbacks.
Kevin asks Peter what class the road is, Peter states class #6
John overviews case and lot dimensions.
Roger motions to close public session @ 8:45 pm, seconded by Craig and Dale.
John goes over five questions to be reviewed before granting variance.
#1 The proposed use would not diminish surrounding property values.
Not much discussion.
#2 Granting the variance would be of benefit to the public interest.
Not much discussion.
#3 Denial of the variance would result in unnecessary hardship to the owner.
Not much discussion.
#4 Granting the variance would do substantial justice.
Some discussion on substantial justice.
#5 The proposed use is not contrary to the spirit of the ordinance.
Not much discussion.
Roger discuses hardship of small lots.
General discussion ensues.
John suggests revisiting five questions.
John states he thinks #1 passes as it doesn’t diminish property values, and #2 passes as keeping the shed away from the lake reduces the chance of pollution from lawn tractor etc. discussion follows.
Kevin states that the town hasn’t fully addressed hardship with small, oddly shaped lots as it pertains to #3.
Roger motions to vote @ 9:10 pm
Dale seconded.
Roger, Dale voted for granting variance, Kevin, Craig, and John voted no.
Variance denied.
John notes to App what future actions can be.
Public session closed
Additional ZBA business discussed.
Discussion on Preface page for Application for Appeal
Accepted by board
Wait for next meeting to discuss plot plan.
Note to Sec. Call members before meeting to remind them of meeting.
Roger motions to close meeting @ 9:45 roundly seconded by all.
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