Zoning Board of Adjustment
Monday/April 26, 2004
Present: Thomas Vannatta (Chair), Betsy Soper (Vice-Chair), Tanya McIntire, Katheryn Holmes, Ernie Pagragan, Jake Kezar and Alex Azodi.
Thomas Vannatta called the meeting to order at 7:05p.m.
Mr. Vannatta appointed Jake Kezar as an alternate. Seconded. The majority was in favor.
Mr. Vannatta appointed Betsy Soper as Vice-Chair. Seconded. The majority was in favor.
Mr. Vannatta announced that Charlie Killam was moving to New London and therefore would not be eligible to serve of the Zoning Board.
Mr. Vannatta asked Ernie Pagragan to sit in as a voting member.
The Board reviewed the minutes from 03/08/04. A motion was made to approve them. Seconded. All in favor.
The Board reviewed the minutes from 03/22/04. A motion was made to approve them. Seconded. All in favor.
Mr. Vannatta mentioned that the Town had received a letter from DES stating that Carey Demers application to rebuild the boathouse on his property was incomplete. DES told him that he needed to re-submit all of the plans in much greater detail.
Discussion took place on whether or not the letter should be part of the public record. The Board decided that it should become part of the public record.
Mr. Vannatta said that he would like to continue having the ZBA meetings the 4th Monday of every month as needed. If there are no hearings, the Board can always meet to discuss other things, such as the Zoning Ordinance proposals.
Mr. Vannatta explained the hearing procedure:
1. The Board will introduce themselves.
2. The meetings are normally recorded, however, the meeting will not be recorded tonight because the equipment is inaccessible, and asked that the attendees identify themselves for the record when they spoke.
3. The applicants would present their case and the Board would then ask questions. The public would be then be allowed to ask questions. The Board will deliberate and vote.
4. There is a thirty-day appeal period during which persons directly affected can dispute the decision of the Board. A notice of the ZBA decision will be mailed to the applicant and Selectmen and there will be a copy available at the Town Hall.
Mr. Vannatta read the public notice as follows:
Notice is hereby given that the Newbury Zoning Board of Adjustment will hear the following proposals on Monday, April 26, 2004 at the Town Office Building at 937 Route 103 in Newbury, NH:
At 7:45 p.m., Donald K. & Jeannette F. McInnes, 103 Gerald Drive, Newbury, N.H. and Richard A. & Pamela C. Greaves, 99 Gerald Drive, Newbury, N.H. will seek the following:
Variance as provided in Paragraph 16.7 of the Newbury Zoning Ordinance to permit the following: Boundary line adjustment that will make a non-conforming lot more non-conforming to resolve an encroachment and boundary line dispute. Newbury Tax Map 29A-013-353 & 29A-022-356.
Special Exception as provided in Paragraphs 15.0, 16.5 & 16.6 of the Newbury Zoning Ordinance to permit the following: Boundary line adjustment that will make a non-conforming lot more non-conforming to resolve an encroachment and boundary line dispute. Newbury Tax Map 29A-013-353 & 29A-022-356.
Copies of the plans are available at the Town Office building at 937 Route 103 Newbury, NH.
Timothy Britain from Ransmeier & Spellman introduced himself as the authorized agent for Donald and Jeanette McInnes and Richard and Pamela Greaves.
Mr. Britain said that he would like to first address the application for a Special Exception and then the application for a Variance.
Mr. Britain explained that the McInnes’ and Greaves’ lots were located in the Chalk Pond subdivision and were created in the mid 1960's. When Bolyn Land Investments, Inc. developed the land behind these lots, both the McInnes’ and Greaves’ had land annexed to their properties. When Clayton Plat surveyed the Greaves’ property for the annexation, he determined that the pipes in the ground varied from the way that the property was being used. There was a path, steps and lamp post on the Greaves’ property that belonged to the McInnes’. They had been trying for years to resolve this issue.
Mr. Britain explained that they went to litigation and the Greaves gave a small portion of land to the McInnes’. He showed the Board the proposed lot line adjustment. He explained that the reason the lot line is jagged is to give a minimal amount of property without changing the road frontage.
Mr. Britain explained that they did try to do an easement, but the problem with an easement was that it would give someone the right to use someone else’s property which can lead to problems. He feels that it would be much better to have a clear title. He said that the idea was to keep everything the way it has been for years, but have a clear title.
Mr. Britain said that they are not increasing the density because these lots are larger than most of the lots in the area. They are actually improving the side setback. He said that it was 5 feet and it will be 10 feet.
Katheryn Holmes asked Mr. Britain why they are applying for both a Special Exception and Variance. She feels that they only need a Variance.
Mr. Britain said that they were trying to be thorough.
Ms. Holmes said that the Board heard a similar case where they utilized an Equitable Waiver of Dimensional Requirement.
Mr. Britain said that they did consider that, but he felt that the Variance and Special Exception were better alternatives.
Ms. Holmes said that she did not feel that he met the hardship requirement for a Variance.
Mr. Britain said that the regulations interfere with their ability to resolve this boundary line dispute that was not created by the current owners. He said that density has already been established and this lot line adjustment was not going to impact anyone else’s property.
Mr. Britain explained that they are trying to fix an encroachment problem in keeping with the spirit of the Zoning Ordinance to provide some sort of relief for property owners.
Tanya McIntire asked why they don’t just move their lamp post and path.
Mr. Britain said that it would be more of an expense than was warranted because it has been there so long.
Mr. Vannatta asked if there was a liability issue in terms of using that land.
Mr. Britain said that that is not part of this application, but certainly could be an issue.
Lacy Cluff said that she did not understand why he was applying for a Special Exception and felt that only a Variance was needed.
The Board agreed that only a Variance was needed.
Mr. Britain said that they would be happy if just a Variance was granted. As he said before, he was just trying to be thorough.
Mr. Britain showed the Board the settlement agreement from litigation that was signed by all the parties.
Mr. Vannatta closed the hearing for deliberation.
Mr. Pagragan said that he was familiar with this property and thinks that granting this Variance would be the best thing to do.
Ms. McIntire said that she does not feel it would be in the public’s best interest to pass this Variance because it would set a precedence. She felt that the McInnes’ should move the lamp post, path etc. off the Greaves’ property.
Jake Kezar said that the McInnes’ did not put these things on the Greaves’ property. He said that most people do not survey property before buying it.
Ms. Holmes said that she thinks that they should have applied for an Equitable Waiver of Dimensional Requirement.
Betsy Soper made a motion to vote on the Variance. Ernie Pagragan seconded. The vote was as follows:
Katheryn Holmes chose to abstain.
Tanya McIntire voted to deny because she did not feel that they met the hardship requirement.
Ernie Pagragan voted to grant.
Betsy Soper voted to grant.
Thomas Vannatta voted to grant.
Mr. Vannatta said that the majority voted to grant the Variance.
Mr. Britain withdrew the application for a Special Exception.
Mr. Vannatta handed out information from LSPA and an article about rock bass that he thought was interesting.
Mr. Vannatta reminded the Board that there was a Joint Board meeting tomorrow night. He also said that the next ZBA meeting would be May 24, 2004 and asked that those who were attending the Annual Planning and Zoning Conference be prepared to share any important information they may have acquired.
A motion was made to adjourn. Seconded. All in favor. Meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Lacy L. Cluff
Land Use Board Assistant
| 
