Notice of Decision
Zoning Board of Adjustment
Town of Greenfield, NH
Notice of Decision
Case #2023-01
Applicant: Tim and Sharon Briand
Property Location: 74 Zephyr Lake Road, Map R6 Lot 20-2
You are hereby notified that the Zoning Board of Adjustment has APPROVED a request for a Variance from article F3 Section III of the Zoning Ordinance to permit a deck to be built 44’ from the road, including the stairs.
The Board found that this would be no more nonconforming than it currently is, no more nonconforming that the majority of neighbors in that zone on Zephyr Lake Road, and it would allow the deck to be built in the safest location for that property, allowing first responders safer access. The Board made the following findings regarding the 5 criteria at a public hearing and after a site walk of the subject property:
Granting the variance would not be contrary to the public interest because: it will improve the value of the home and the overall look of the home.
If the variance were granted, the spirit of the ordinance would be observed because: the deck would not impact the road or right of way.
Granting the variance would do substantial justice because: it will advance the value of the home, and accessibility to the home.
If the variance were granted, the values of the surrounding properties would not be diminished because: it improves the appearance of the property, which improve the neighborhood looks. It will be very consistent with neighbors in the area.
5. Unnecessary Hardship
A. Owing to special conditions of the property that distinguish it from other properties in the area, denial of the variance would result in unnecessary hardship because:
i. No fair and substantial relation exists between the general public purposes of the ordinance provision and the specific application of that provision to the property because: the deck would provide a safe place for this family to sit and enjoy the wonderful Greenfield. A number of neighbors having built in the setback already, and it could be a hardship if this variance were denied. Loren said based on our site walk, the Board had the opportunity to verify that other properties in that zone on Zephyr Lake Road were similar. Gil agreed with the answer as the proposed deck would make the property no more non-conforming than the others in his neighborhood. Sheldon agreed that not all of the existing properties in that zone on Zephyr Lake Road met the setback requirements. By not allowing him to do this, it would create a hardship for the property owner. The Board observed the reasonable placement of the steps especially in the instance regarding first responder access.
ii. The proposed use is a reasonable one because: It will not impact any neighbors or public right of way; the back yard would be extremely high and unsafe (for the deck). By putting the deck on the front made more sense than putting it on the back. Loren said the cost of any aspect of improvement is not in our purview, only whether or not the intention meets the intent of the ordinance. Gil noted the conversation with a previous site walk where it was determined that the proposed deck was going in the best possible place. Sheldon noted that with the existing steps, the applicant could easily put a terrace out front without needing a variance. He’s not asking to put a building out there, just a deck. He’s increasing his tax base with the deck being attached to the building.
Accordingly, the board has approved the owner a variance to build a deck up to 44’ from the road.
The Selectboard, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing of this decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before August 19, 2023 and must fully specify all grounds on which the rehearing is requested (NH RSA 677:2).
Gil Morris, Chairman
Greenfield Zoning Board
Case #2023-01 decided Wednesday, July 19, 2023