Greenfield Zoning Board of Adjustment
Meeting Minutes
November 18, 2008
The Zoning Board starts to gather after 8:00 p.m. with John, Craig, Dan, Loren and Kevin in attendance. Kevin states Roger will not be here as he’s feeling ill tonight.
John opens the meeting by stating how the meeting will progress and that the hearing is for Jane O’Donnell of Littleton, NH for a Special Exception from the 25-foot wetlands buffer as allowed under the Zoning Ordinance for lot R9-18 on New Boston Road. R Duval states he’ll be representing O’Donnell tonight.
John asks of notification and Kevin replies proper notification was made. John then asks Mr. Duval to proceed.
Mr. Duval states the application is for splitting two lots off the main O’Donnell property, that they went through the subdivision process at the Planning Board and received conditional approval. One of the conditions was the granting of a Special Exception to locate a driveway within the wetlands buffer near the road and possibly on the lot. Mr. Duval describes the proposed lot and how the driveway access is pinched between a gravel hill and the wetlands and buffer. They could get the driveway in without the special exception, but it would require removing the gravel hill.
John; “ This is one lot currently, it hasn’t yet been divided.”
Duval; “They do have conditional approval for two new lots.”
John; “But it’s now one piece, that’ll later be 3 lots. What about the rest of the lot.”
Duval;” They’ve left enough area to create two more lots, but I don’t have wetlands data on them.”
John asks Mr. Duval to show him on the plat.
Dan asks where the buffer is on the plat.
Duval shows him.
John asks what the encroachment is, and looks at the plat with Dan and Craig and determines it’s about 5-6 feet, they could go into the hill, but that probably would require the hill be removed.
John asks of the scaling of the driveway, the 25-foot buffer would be 12 foot.
Dan; “ so it’s three places where you’d be encroaching on the wetlands buffer.
Mr. Duval talks of the planning board site walk and where he suggested the house be built.
Craig, “ What’s the reason for making one lot larger than the other.
Duval replies the gravel hill defined the border.
John asks if there are any other locations for the driveway.
Mr. Duval states no because of the wetlands.
John states that Carol Irvin from the Con-com couldn’t make it, but would like to go on the site walk if the board chooses to do one.
John asks Mr. Horne if he has any questions.
Mr. Horne replies that if the lot can be done legally, he has no issue, but they are concerned about the wetlands vegetation and its preservation. He reiterated that he believe some rare plants were removed from the lot.
Mr. Duval states they didn’t go into the lot very much, and that they stayed around the woods road when working on the lot, and didn’t remove any wetlands plants.
John asks Mr. Horne where the plants were, he replies that the plant was Flag root, and it was near the culvert in front.
Dan asks if the wetlands plants were documented.
Mr. Horne replies that he doesn’t know.
John states he’s sure the Con-com would have noted it if they were concerned.
Mr. Duval asks if he has to come to the site walk, and does he have to bring the wetlands scientist.
Dan replies that he should bring whomever he feels can support his case.
Mr. Duval replies he’ll be at the walk.
John replies one issue he has is that this isn’t a subdivided lot yet; it’s one big piece.
Duval replies it has conditional approval.
John replies that the town is protective of its wetlands, and that he has concerns.
Duval replies this one is marginal; we’re not crossing any wetlands. There’s no way to get to the lot without the special exception.
John asks of the adjacent lots wetland, Mr. Duval states they’re not mapped.
John states the lot is not a pre-existing situation. It hasn’t been created yet.
Craig comments that going by what we go by, the lot line can be moved.
Mr. Duval shows the plat of the lot, and states the adjacent lot is probably wetlands, so moving the line wouldn’t work.
Craig asks about going back to Holden road, Mr. Duval states it’s a different zone, rural, and the client wants to come in from New Boston road.
John asks what are the obstacles to coming in from the other side. Mr. Duval replies that that’s future planning for the client. Mr. Duval also states that the State says that if you can get access into a lot without crossing the wetlands, you have to go that route.
John reiterates that if it was a pre-existing lot he could see it. But it’s not.
Craig, you’re looking into the future lots, but if it could be done without it.
John states his concerns with water flow over the road in spring.
Mr. Duval replies that the Planning board and road agent didn’t have an issue.
John asks if there are any more questions.
No reply.
The board decides to go on a site walk on Saturday, next at 12:00.
The board also decides to hold open the public portion of the hearing along with the hearing itself, and recess the proceedings until next Tuesday at 8:00 pm.
The board reads the minutes of October 15 and accepts them as read. The Board closes the meeting at 9:45 pm.
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