Greenfield Zoning Board of Adjustment
Meeting Minutes
April 5, 2005
Board convenes at 7:30 pm to conduct business session. Sitting on the board is John Gryval, Kevin O’Connell, Craig Pettigrew, Dan Dineen, Loren White, and Dale Sanford. The Board reviews mail.
At 8:00.the board proceeds to hearing case 05-6, Christopher Horne, 75 New Boston Road, Greenfield, NH for an Appeal From an Executive Decision; definition of Building.
John states since six members are present, does anyone object to him recusing himself from the case? Board and Mr. Horne reply, No. John recuses himself.
Dan Dineen takes over as chair and reads the application,
Dan asks if notification was sent and posted, Kevin replies yes.
Dan asks Mr. Horne to present his case.
Mr. Horne states that in the fall of 2000 he approached the Building Inspector stating he wanted to build a temporary greenhouse and was told no codes were in place for temporary buildings.
In spring of 2001 Mr. Horne states he asked the Building Inspector again and was told to download state regulations regarding agriculture retail sales, in August he added two more hoop buildings.
In April 2002 Building Inspector Hopkins told him that zoning regulations do apply to temporary buildings.
Mr. Horne states he talked to Peter and states that he said he had permission to build.
He states Peter’s reply was “You don’t have that in writing.”
Dan asks Mr. Horne if he has power of Attorney, for the trust of the property.
Mr. Horne presents original document with notary seal. Kevin and Dan recognize for the record.
Dan states Mr. Horne is appealing definition of Building in zoning code.
Mr. Horne describes the property and its’ setting. He also states Mr. Segars, an abutter, has offered to give him property via a lot line adjustment to get the setbacks he needs.
Kevin Asks if this is before the Planning Board, Mr. Horne replies no.
Craig asks Mr. Horne if he applied for a building permit. Mr. Horne states there’s no need if n he has permission from the state.
Dan tells Mr.’ Horne he need a plot plan for the appeal.
Mr. Horne questions if one would not apply to him.
Dan asks Peter Hopkins for comment.
Peter recalls his version of the events and states his recollect differs from that of Mr. Horne.
Kevin states ”So it’s Mr. Horne’s word against Peter Hopkins’, without a witness for either side.”
Mr. Horne states he wanted Bob Geisel as a witness to one of the conversations, there but couldn’t get hold of him.
Mr. Horne again states that the reason he wants the greenhouses is to move the house with the growing nursery stock, he’s willing to move the building, but the earliest is the summer.
Peter states he’d rather have this matter settled now.
Kevin asks when town added the definition of building to zoning code.
Mr. Horne replies 1991.
Dale asks Mr. Horne about relocating greenhouse.
Mr. Horne states it’s possible. The greenhouses were designed to be moved, and it’s his plan that they be moved with the growing stock.
Craig asks Mr. Horne if he’s willing to bring the greenhouses into compliance.
Mr. Horne “ We’ll try to keep it within the spirit of the ordinance.”
Dale asks how long to move the buildings.
Mr. Horne states it’ll be thirty to sixty days till the thaw.
Kevin and Dale said it wouldn’t be that long.
Dale states, “ I don’t see what Bob Geisel would bring to this to get resolution.”
Kevin asks of side setback for right side of house.
Mr. Horne replies. Approximately fifty feet.
The Board asks Mr. Horne when he could start moving the greenhouse.
Mr.’ Horne replies July
Dan suggest motion to close the public portion of the meeting
Motion made, seconded and passed at 9:25.
Board discusses application for appeal at hand, feels Mr. Geisel testimony would be irrelevant, as the issue at hand is in the present tense.
Motion made to deny the appeal made by Dale, seconded by Craig.
Motion to deny the appeal and uphold Building Inspector’s interpretation of building voted in the affirmative.
Hearing closed at 9:35
Board reads minutes from case 05-5. Minutes approves with corrections.
Meeting closes at 9:45.
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