Greenfield Zoning Board of Adjustment
Meeting Minutes
June 27, 2006
Meeting opens at 7:30 pm. Sitting on the board is John Gryval, Dan Dineen, Roger Phelps, Dale Sanford, and Kevin O’Connell.
John opens case 06-4 at 8:00 pm. Brenton and Julie Eva, of 266 Driscoll Road, Greenfield, NH for property R10-13-1, Driscoll Road for an appeal for Variance from section III.G.2 of the Greenfield Zoning Ordinance. John explains the proceedings to Mr. Eva.
John asks Kevin of notifications, and presents Invoice for the following.
Standard Postage $3.78
Registered Postage $18.56
Advertisement Fee $100.00
ZBA fee $50.00
$172.34
Mr. Eva presents John with a check and John asks him to present his case.
Mr. Eva explains he has a 33.5 acre property on Driscoll Road.
Driscoll Road is a class 6 road. He’d like to build on the 33.5 acres on Driscoll road, he also owns an abutting lot of 50 acres in Greenfield, and an additional abutting 160 acres in Lyndeborough.
Dale: you have property in Lyndeborough?
App: Yes, we put a doublewide mobile home there while we’re building, that’s accessed via a Right-of–way on Driscoll Road.
Dan asks Mr. Eva for a description of the property and the road.
John; and you went to the Building Inspector for a building permit?
Mr. Eva; My wife did.
John; And the Building Inspector rejected your application?
App; Yes.
John asks when the houses on Driscoll Road were built
Greg Martus, an abutter, replies that six were built since 1978, the latest in 1998, and the lots are grandfathered or have frontage on Mountain Road.
John asks Mr. Martus if he’s in favor of this,
Mr. Martus replies yes, He has no problem with it. Mr. Martus also explains how he and the former owner of Mr Eva’s property were trying to bring the road up to class V standards to get it accepted by the town, and that all the roads residences signed the liability waivers per 674:41.
Mr. Eva explains that he and Greg (Martus) are maintaining the road, mostly Greg, and Greg’s is getting tired of doing it. He also states that he didn’t sign the waiver, but if that’s what’s needed he will.
John states what were dealing with here is a state regulation; 674:41 and a town zoning ordinance that say it can’t be done. We have guidelines we have to meet, we can’t act arbitrarily.
John asks if the property can be accessed through Lyndeborough.
App replies no, there’s no way in from Lyndeborough.
Roger asks George Rainer for his input on the road status.
George replies he last saw Mr. Martus was last year.
Mr. Eva states he’d like to build and make sure the property isn’t further developed.
John reads a letter submitted to the board by abutter Russell.
John read Planning Board comment.
George asks if Mr. Eva is granted a building permit in Greenfield, what will become of his residence in Lyndeborough.
George: Where are the emergency services from?
App; Greenfield
Kevin Talks of 674:41 and how it was supposed to insulate the town form liability for property not on a road they maintain.
Mr. Eva tells the board how he acquired a post office address and E-911 number in Greenfield for his residence in Lyndeborough.
Kevin asks Mr. Eva if he plans to do anything with the Lyndeborough property. Are you going to move your residence to Greenfield and not build on the Lyndeborough property?
Mr. Eva states he can’t say. He may want to put up another residence on the Lyndeborough property for his parents.
Kevin shows the board Martus plat for ROW, showing Driscoll Road ending on Martus property, and ROW coming off of Martus property.
Board talks with Mr. Martus of Driscoll Road.
Mr. Martus states, no one’s really sure where Driscoll Road ended, or went.
Mr. Martus states he doesn’t see the problem, the residence is already there.
John states as an individual he agrees, but another jurisdiction created the problem.
John and Greg Martus discuss the liability waiver.
John; “ I know Greg (Martus) signed the waiver and built in ’91.
Dale asks Mr. Martus how he got the waiver and Building Permit.
Mr. Martus replies after several meetings with the Selectmen and Building Inspector.
Roger makes motion to close the public session.
Motion seconded by Dan.
John closes the public session at 8:50 pm and the board goes into the deliberative session.
John suggest we all look at RSA 674:41 and the board does so.
John states he’d like to see if we could move on this.
Dan comments that we have houses there now.
The board discusses the towns’ position of not granting Building Permits for residences on Class 6 roads.
The Board discusses the five questions for granting a variance.
The proposed use would not diminish surrounding property values.
The board finds granting a building permit would not diminish surrounding property values
Granting the variance would be of benefit to the public interest.
The board finds granting the variance would not be of benefit to the public interest, as it would be creating frontage on a private right of way,
Denial of the variance would result in unnecessary hardship to the owner.
The board finds denial of the variance would not result in unnecessary hardship to the owner as the conditions of the property are not unique to the property in its setting, but the location of the property
Granting the variance would do substantial justice.
The board finds granting the variance would do substantial justice only to the applicant, not the town.
The proposed use is not contrary to the spirit of the ordinance.
The board finds the proposed use is contrary to the spirit of the ordinance as it would require that the frontage requirement be violated.
John reminds the board that they have to find in favor of all questions for the board to grant a variance.
Roger motions to deny the application for failure to meet all five of the criteria for granting a variance.
Seconded by Dan.
The votes on Roger’s motion four for, one against.
The motion carries.
Mr. Eva asks the board for direction from this point. Board directs him to speak to the Selectmen’s Office.
Kevin asks for wording of the letter of denial, the board discusses it and decides on the following:
You are hereby notified that the Zoning Board of Adjustment has DENIED an appeal submitted by Brenton and Julie Eva, of 266 Driscoll Road, Greenfield, NH for property R10-13-1, Driscoll Road for the following;
Appeal for Variance from section III.G.2 of the Greenfield Zoning Ordinance. The Boards findings were as follows;
1. The proposed use would not diminish surrounding property values.
2. Granting the variance would not be of benefit to the public interest as it would be creating frontage on a private right of way,
3. Denial of the variance would not result in unnecessary hardship to the owner as the conditions of the property are not unique to the property in its setting, but the location of the property.
4. Granting the variance would do substantial justice only to the applicant, not the town.
5. The proposed use is contrary to the spirit of the ordinance as it would require that the frontage requirement be violated.
Board discusses Landmark application for re-hearing, and decides to hold on decision until July 11, 2006 to give Kevin to time to check into legal opinions
Board hold off minutes, as not all are available, until next meeting.
Motion to adjourn made and seconded made at 10:00, voted in the affirmative.
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