Zoning Board of Adjustment
Monday/May 24, 2004
Present: Thomas Vannatta (Chair), Betsy Soper (Vice-Chair) and Del Harris.
Thomas Vannatta called the meeting to order at 7:27p.m.
Mr. Vannatta appointed Del Harris as an alternate member. Mr. Harris was sworn in by the Borough Clerk.
Mr. Vannatta asked Mr. Harris to act as a voting member for this meeting.
Mr. Vannatta noted that the hearing was properly noticed.
The hearing was noticed as follows:
Notice is hereby given that the Newbury Zoning Board of Adjustment will conduct a public hearing on the following proposal on Monday, May 24, 2004 at the Town Office Building at 937 Route 103 in Newbury, NH:
At 7:30 p.m., Barbara Walls & Jean Knowlton, 26 Highland Ave., Newbury, NH, will seek a Variance as provided in Paragraph 15.1.1 of the Newbury Zoning Ordinance to permit the following: Construction of a second story on an existing non-conforming “Bunkhouse” within a steep slope area. Newbury Tax Map 18 Lot 308-083.
Copies of the applications are available for review at the Newbury Town Office building.
Vernon Knowlton introduced himself and explained their plans. He explained that they were looking to enlarge an existing bunkhouse. They would like to enlarge it for extra space for themselves. He explained that they would like to put a second floor on, but extend it out 12 feet to the east from the existing building and parallel to the side setback. The building currently encroaches 4 feet into the 15 feet setback. The addition will not exacerbate the existing encroachment on the side setback.
Mr. Knowlton said that the bunkhouse was in a steep slope greater than 30%. He explained that the only thing that would impact the soils are the three piers that would be holding the second floor up.
Mr. Knowlton explained that they would also be constructing a deck within the 75' buffer zone. He said that they had a permit to build the deck in the past, but never did it.
Mr. Vannatta asked how many trees they would be removing.
Mr. Knowlton said that six trees would removed.
Mr. Vannatta asked if any of the trees being removed were going to be in the buffer zone.
Mr. Knowlton said that only one tree would be in the buffer zone.
Mr. Knowlton explained that they would not be adding any additional bedrooms or baths, just living space.
Mr. Vannatta clarified that they were asking for a Variance because they were making a non-conforming building more non-conforming and building on a steep slope.
With no comments from the public, Mr. Vannatta closed the hearing for deliberation.
Betsy Soper said that one of the requirements for a Variance is to prove hardship. After visiting the site, there is no question that they have a hardship. She also felt that what they were looking to do would fit in with the character of the neighborhood. She thought that this was a reasonable request and had no problems granting a Variance.
Del Harris said that he agreed with Ms. Soper. At first, he thought that they were pushing the issue, but after visiting the site, felt that the Board would create an unnecessary hardship if it were to deny this Variance.
Mr. Vannatta said that he also had the opportunity to walk the property and agreed that they do meet the requirements for a Variance.
Mr. Harris made a motion to vote. Ms. Soper Seconded. All in favor.
The Board voted unanimously to grant the Variance.
New Business
Mr. Vannatta said that he spoke to Ms. McIntire and Mr. Azodi who both felt that there was a lot of information to share from the 11th Annual Planning and Zoning Conference.
Mr. Vannatta said that he would like to schedule a separate meeting for the Board to discuss the conference.
The Board decided to schedule the meeting for June 7, 2004 at 7:00 p.m.
Mr. Vannatta reminded the Board that there was a Joint Board meeting this Thursday, May 23rd at 7:00 p.m.
Mr. Vannatta said that he talked to Barbara Freeman, Planning Board Chair, regarding Zoning Ordinance proposals. He recommended that the ZBA write the first draft of any ZBA suggested changes to be submitted to the Planning Board, since the ZBA had to interpret and apply the ordinances during hearings. He said that Mrs Freeman thought that it was a good idea because it would relieve some of the pressure on the Planning Board.
Mr. Vannatta said that he would raise the issue again at another meeting.
A motion was made to adjourn. Seconded. All in favor. Meeting adjourned at 8:00 p.m.
Respectfully Submitted,
Lacy L. Cluff
Land Use Board Assistant
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