At 8:00 pm the Board convenes to hear case 05-7, David and Patricia Sennett, 23D Ritter Street, Nashua, NH, for an Equitable Waiver of Dimensional Requirement for a structure located on lot R7-23-6, at 374 New Boston Road.
Present are Chairman John Gryval, Roger Phelps, Dan Dineen and Kevin O’Connell. John explains to the applicant that we only have four members of the board present tonight, and that three affirmative votes are required for the equitable waiver to pass. John also explains that they have the right to a full board of five members, and that the hearing can be postponed. The Sennetts state that they wish to proceed tonight.
John asks the Sennetts to present their case.
The Sennetts state that they had built their log house on New Boston road, and after building a roof over the door to protect the entry way, they were informed by Peter Hopkins, Greenfield’s Code Officer, that the doorway roof violated the setback allowance, and that he couldn’t issue a Certificate of Occupancy until it was brought into compliance of the ZBA granted it an equitable waiver. The Sennetts also state that they weren’t aware of the setback, and that this is the first house they’ve ever built, and where they previously lived the houses where much closer than in Greenfield.
Kevin asks who put in the foundation; the Sennetts reply that it was the Guthrie’s.
Kevin continues “ Did they have the house plans when they sited the foundation?”
Sennetts; “Yes”
Dan asks if they had the plat?
Sennetts; “Yes”
John asks when the certified plot plan was done by Meridian.
The Sennetts reply that they needed a certified plot plan and the Certificate of Occupancy for the bank.
Kevin states that what bothers him is that this lot was created by subdivision recently, that the former owner of the property performed the site work and located the foundation, and the company that surveyed the original subdivision created the certified plat. Yet no one bothered to inform the applicant that his house was sited on the setback line.
John explains equitable waiver to the Sennetts, and with the Sennetts, goes over the case presented so far tonight.
The Sennetts saw an ad for the property, talked to Iain Guthrie, and saw the property.
Property was a surveyed plat, a subdivision with building envelopes, and all setbacks.
The Sennetts decided on a log home, and contracted Iain Guthrie do the site work.
They gave Guthrie blueprints for the house -preliminary blueprints-.
Guthrie put in the foundation, septic, and leech field.
They then had a log home erected on the foundation by the Real Log Home company, with a contractor doing the interior finish work, and asked the Real Log Home company to add the entry porch.
It was when they went for the Certified Plot, as the Bank required, that they found the porch problem.
The Sennetts state that it never occurred to them that a problem like this would happen when they bought a lot that was five acres.
John closes the public portion of the meeting at 9:15, and the board goes into deliberation.
John goes over dimensional waiver requirements.
The Board discusses why it is that houses are placed so close to, or on the setback, without letting the homeowner know that doing so could severely limit any future plans for the lot.
Roger motion to grant the equitable waiver contingent upon the following condition, “…no expansion of current porch, except addition of stairs, and no other additions to that end of house.”
Motion seconded.
Motion passes three yes, one no.
John motions to close hearing, seconded and passed.
Roger motions to close meeting, seconded and passed
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