Greenfield Zoning Board of Adjustment
Meeting Minutes
September 7, 2004
Board convenes at 7:30 to conduct business session.
Sitting on the board is Roger Phelps as chair, as John Gryval will not be here tonight, Kevin O’Connell, Craig Pettigrew, Dan Dineen, and Dale Sanford.
The board reads minutes from case 04-3, August 10 and 15, 2004 meetings.
Motion made to accept minutes, motion seconded and passed.
At 8:00 pm, because case 04-3 has not yet shown, the board goes on to discus the current status of the Horne case.
At 8:10 the applicant, Kim Taylor, arrives and the board suspends discussion on the Horne case.
Case 04-3 opens; Kim Taylor, 1077 Forest Road, Greenfield, NH for a Special Exception under Section IV.B
Kevin gives Roger receipts of abutter notifications, noting that some have not come back, and that town records of their address may not be up to date. Kevin also states notice was in the newspaper.
Roger presents Kim Taylor with the hearing invoice for $189.01.
Ms. Taylor states she wasn’t aware of a fee.
Roger explains what the fee is for, and asks if she’d like to go on with the case.
Ms. Taylor says yes, and Roger asks board if they’re any objection to hearing the case with the fee to be paid later. Board gives its ok.
Roger explains that business isn’t allowed in a residential area without a special exception.
Dan asks Ms. Taylor how this came about. Ms. Taylor explains how she put on an extension to her house to do haircutting as a home business.
Dale asks how big the extension is.
Ms. Taylor states 12’ by 15’.
Craig: separate entrance?
Yes, with an interior door to my house.
Craig asks if Peter Hopkins has anything to add.
Peter states same as Ms. Taylor, and told her she’d have to go before the ZBA for an exception.
Craig asks Peter for a plot plan.
Peter supplies plat.
Kevin: Single chair?
Ms. Taylor: Yes.
Roger: future plans?
Ms. Taylor: not there, if growth is successful, not there.
Roger: any signage?
Ms. Taylor: I’d love to.
Roger: I’d have to go through Peter.
Dale: State license?
Ms. Taylor: Yes
Peter states the addition is in back, and he believes what Ms. Taylor’s looking to do is a customary home occupation.
Craig mentions Dara’s on Swamp road.
Dan: Business hours?
Ms. Taylor: Saturday 9-4 and Sunday 9-2, eventually more.
Kevin asks Peter how long Dara’s been on Swamp road.
Peter says a long time.
Dale: septic required?
Peter: they had to upgrade the system.
Roger motions to close public session at 8:25, seconded and affirmed.
Board discusses case.
Motion made to allow special exception subject to language included in notice of decision, seconded. Vote taken and passes at 8:30.
Board goes back to Horne case.
Roger makes motion to re-inform Mr. Horne that he has to re-apply for a hearing as the former application has expired. Please be advised that the notification fees and documentation proving legal standing as to representation of Lakota Reality Trust must be included prior to the board hearing the case.
9:00 case 04-4 opens
George & Nancy Shepard, 88 Forest Road, Greenfield, NH for a Variance under Section IV.C, Number of Buildings
Roger introduces himself and explains the process to the applicants.
Dale Sanford steps down, leaving Roger Phelps as chair, Kevin O’Connell, Craig Pettigrew, and Dan Dineen.
Roger asks the Shepards if they want the case to go on with only 4 members. The Shepards agree to hear the case.
Roger presents the Shepards with an invoice for $180.17 to hear the case, and receives a check; #656 back for the amount stated.
Roger asks newspapers and abutters where noticed, Kevin replies yes, although none are present.
Roger asks applicant to explain their case. The Shepard explained that they upgraded their mobile home, that the unit replacing their old one, although larger, is the smallest available and not much larger than the previous unit. The Shepard state that Peter Hopkins, the code enforcement officer, told them that to do so they would have to join the two dwelling located on the property to make them one dwelling to bring them into compliance with the building code as this is an expansion of a non-conforming use. The Shepards stated that adding a connecting breezeway as Peter suggested would be difficult, that they don’t know where the connecting waterline or septic is.
Roger explains why any expansion of a non-conforming use requires that the use be brought into compliance.
The Shepards explain that they had to get a new mobile home as they couldn’t get the old one insured.
Roger states that we’re missing the plot plan. Peter Hopkins shows the board the plans from the building permit.
Craig notes that the connecting breezeway was part of the original building permit.
Roger asks Peter Hopkins for his viewpoint. Peter replies that he’s worried about setting precedent, two dwellings on one lot.
The Shepard state that they thought it was grand fathered if they didn’t change the footprint.
Craig states to the Shepards that when these upgrades where done the property should have been brought into compliance.
Roger explains to the Shepards that they’re asking the board to make an exception to the law, but that we might also be making a statement. The problem is that you’ve changing what you applied to do in the building permit.
Craig asks Peter what is considered a connected building.
Peter states it has to be to code, but that connect doesn’t have to be extensive, the roofs must be connected and have a frost wall.
The Shepards a state they’re still worried about the septic system location.
Kevin questions the lack of a plot plan and where the wetlands are.
The Shepards ask what the minimum distance from the septic to a building is.
Peter replies ten feet. The Shepard again state putting in the connector would cause a hazard to the septic and waterline.
Motion to close public session made at 9:35, seconded. Voted in the affirmed.
Board discusses the cases problems.
Dan makes motion to grant variance contingent upon the following;
Any alteration or upgrading of the existing use will require the entire structure to come into compliance with the current Zoning ordinances and building codes of the town of Greenfield.
Seconded by Craig, motion carried at 9:58
Motion made to open public session, seconded, and affirmed.
Roger explains the results to the Shepards.
Motion made and seconded to close meeting, motion passed at 10:00.
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