Zoning Board of Adjustment
Meeting Minutes
March 15, 2005
Business meeting opens at 7:00 pm in selectmen’s office.
In attendance were Dale Sanford, Kevin O’Connell, and Daniel Dineen.
Minutes from the February 22 meeting were read and accepted.
Dan opens case 05-4a, Mr. Mayo for an appeal from administrative decision, denial of building permit because lot is affected by the steep slopes ordinance.
Dan explained to the applicant that the board would only be able to seat three members, that a full board is five members, ad that any vote would require three affirmatives, not a simple majority. Dan also explained that he has the option of postponing the hearing until we can seat a full board.
Mr. Mayo declines, saying he’d rather get it over with.
Dan explains both cases to the audience. Present in the audience were abutters Martin & Kimberly Mansfield, and Mark & Marguerite Williams, Code officer Peter Hopkins, and Joseph Doucet, Tom Shifel, and Ann Majeske.
Dan asks for public and abutter notice confirmation.
Kevin states public notifications posted and confirms all abutters received their notices.
Dan presents Mr. Mayo with the invoice for the hearing.
Mr. Mayo states he didn’t know of the fee, and hasn’t got his checkbook.
The board agrees to hear the case under the agreement that he’ll have the check later.
Dan asks Mr. Mayo to present his case and Mr. Mayo presents his case as outlined in the application.
Mr. Mayo states he’s been the owner the property several years, and that he received a state approved septic design two years ago. He also stated that recently he sold the property, but the deal fell through because he couldn’t get a building permit.
Mr. Mayo further states the has an opinion from his attorney Mr. Gregory Michaels, stating that NH RSA 674:39 prohibits the denial of the building permit because the subdivision where the lot is located was approved by the town in Nineteen hundred seventy three, and that no subsequent zoning changes affect the property.
Peter Hopkins states all the lots in the development are the results of subdivision, as are all the lots in town since the King started subdividing. Peter goes on to discuss non-conforming lots.
Mr. Mayo again states 674:39
Kevin asks Mr. Mayo if subdivision exempts his property, what property in town does he feel would be subject to the towns zoning ordinances.
Mr. Mayo gives no reply.
Mark Williams states that the lot has extensive drainage problems, and that water flowing from the lot has washed over his leach field more than once.
Kevin asks Mr. Mayo if he’s read NH Supreme court case “Thomas Morgenstern vs. Town of Rye”, in particular the passage “… a property owner has no right to continued existence of any particular zoning classification of his property”
Mr. Mayo states no, and asks again what the case was.
Mr. Mansfield talks of the steepness of the lot and drainage problems in respect to neighboring lots.
Dan reads the steep slopes ordinance for the forum.
Dan asks if any more comment is desired. ;
No reply, so Dan closed the public comment portion of the hearing at 8:30.
The board deliberates the case and Dale makes motion to deny the appeal at 8:45, motion seconded, Board votes to deny appeal from administrative decision case 05-4a, applicant didn’t prove his case and the decision of the Building Inspector to deny the building permit stands.
Case 05-4b opens at 8:50 appeal for variance from steep slopes ordinance.
Mr. Mayo is asked to present his case and does so as outlined in the application.
Shows the board the plat of the lot, the letter from Meridian, He then reads the letter from Meridian.
Mr. Mayo goes over the reasons for granting a variance as stated in the application.
He states denial would constitute an unnecessary hardship.
He states the property is a unique setting and denying him would interfere with use of the property.
Mr. Mayo states that the lot does not exceed twenty five percent where he wants to build. He states the driveway is over, but not the building area.
He believes denying would be arbitrary as the lot is in a town approved subdivision.
And he feels that granting would not be contrary to the ordinance because the ordinance is only for new subdivisions.
Mr. Mayo concludes.
The board asks Peter “ do you agree the front of the lot exceeds twenty five percent?”
Peter explains his opinion of the lot, its wetlands, and that they’d have to traverse the steep slope.
Mr. Mayo comments that with a wetlands lot he’d be able to fill to get access, but that access wouldn’t be denied. He’s just looking for reasonable access.
Kevin asks if he’s contacted any abutter about a driveway easement to bypass the slope problem.
Mr. Mayo states no.
Dale asks what’s the slope at the driveway.
No answer
Peter states if the driveway is planned he’s rather have the fire chief take a look to see if he can get down, and back out of, the bottom.
Kevin talks of 674:41 and town liability, if they should allow a building permit for a property where they can’t protect the property or the public welfare.
Peter states that if a variance is granted, the driveway should be made better, even if it’s longer.
Mark Williams discussed driveway runoff during storms and is concerned of the problems the driveway could present.
Dale states he’d like to do a site walk.
Dan seconds, board votes meet at the lot on Saturday March 26 at 9:00 am, and to continue the case on March 29 at 9:00 pm
Motion to adjourn at 9:30 pm, seconded and passes.
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