Zoning Board of Adjustment
November 28, 2006
Members Present: Thomas Vannatta (Chair), Betsy Soper (Vice Chair), Elizabeth Ashworth, Alex Azodi (Alternate).
Mr. Vannatta called the meeting to order at 7:08 p.m.
The Board reviewed the minutes of November 6, 2006 and made corrections.
Ms. Soper made a motion to accept the minutes as corrected. Ms. Ashworth seconded the motion. All in favor.
ROTHSTEIN
Mr. Vannatta handed out an application for a variance submitted by the Rothsteins at 46 Brats Cove Road. The applications are for the members to take home and review for a future meeting. Mr. Vannatta explained that the Rothsteins had applied to the Zoning Board of Adjustment approximately two months ago for a variance to build a garage which would encroach in the setback. They have revised their plan, and the garage fits within all setbacks. Now they want to expand their home within the 75’ setback to accommodate an enclosed stairwell area that attaches the house and the garage. A building permit has already been issued for the garage. The Board needs to decide on a date to hear this application. The application was accepted by Patricia on November 27th.
The Board decided to hear the Rothstein application on December 18, 2006 at 7:30 p.m.
ZONING AMENDMENTS
Mr. Vannatta informed the Board that he is not aware of any significant zoning amendments pending for this year. He shared with the Board that there was a land use session a week ago at which time the Planning Board reviewed documents based on the survey results in preparation of the Master Plan. There seems to be an emphasis on constructing a Town Center. Other issues that were emphasized were limiting the types of commerce entering town, such as large department stores and drive-through restaurants. The respondents want to stimulate the growth and formulation of small businesses. One of the topics had strong sentiment not to support any continued growth at Mount Sunapee. Discussion among the Board members continued regarding the pros and cons of growth and expansion of Mount Sunapee. Mr. Vannatta emphasized that the Master Plan is trying to encourage ‘Smart Growth’ while maintaining a rural atmosphere.
At 7:30 Roger Hardy Construction, LLC, for property located at 176 South Road, Newbury, NH, will seek a Variance as provided in Paragraph 5.10 of the Newbury Zoning Ordinance to permit the following: to allow for a 3 lot subdivision with one of the lots being non conforming as it would contain less then one contiguous acre. Newbury Tax Map 044-562-348
Copies of the above application are available for review during regular business hours at the Newbury Town Office building.
Ms. Plunkett read the above notice.
Present was Roger Hardy, Applicant; Arthur Siciliano, Surveyor; and Erik Newman, Legal Counsel. Mr. Newman explained that he was sitting in for Mr. Pollock who is Mr. Hardy’s usual counsel.
Mr. Vannatta informed Mr. Hardy that the Zoning Board generally operates with five members. Due to individual circumstances, only four board members were able to attend this evening’s meeting. Therefore, Mr. Vannatta gave Mr. Hardy the option to either proceed with a four member board or continue this hearing to another date certain to be heard by a five member board.
Mr. Hardy discussed his options with Mr. Siciliano and Mr. Newman and decided to continue this hearing.
Mr. Vannatta strongly suggested to Mr. Hardy that he contact Ms. Freeman, Planning Board Chair to determine what his status is with the Planning Board rather than assuming he is on their December agenda.
Mr. Newman asked for clarification regarding Mr. Hardy’s appeal to an administrative decision.
Mr. Vannatta explained that the appeal to administrative decision has no basis because the Planning Board has not formally denied anything. The purpose of this application was to obtain a variance so that three lots could be created instead of just two. If the variance is granted, then there is no reason to appeal a future Planning Board decision.
Ms. Soper made a motion to continue this hearing for variance on December 18, 2006 at 8:30 p.m. Ms. Ashworth seconded the motion. All in favor.
Ms. Soper made a motion to adjourn. Ms. Ashworth seconded the motion. All in favor. Meeting adjourned at 7:50 p.m.
Respectfully submitted,
Linda Plunkett
Recording Secretary
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