Meeting Minutes
Zoning Board of Adjustment
March 23, 2022
Approved April 13, 2022
Members Present: Henry Thomas, Vice-Chair, Steve Hurd, Member; Larry Briggs, Member; Gary Budd, Member; Alex Azodi, Alternate; Members Not Present: David Blohm, Chair; Katheryn Holmes, Alternate
Public Present: Jack Kutner
Mr. Thomas called the meeting to order at 7:00 p.m.
Minutes
No minutes for the Board’s review.
Board introductions.
Mr. Thomas appointed Mr. Azodi as a voting member.
The Recording Secretary read into the record the following Public Notice:
Notice is hereby given that the Newbury Zoning Board of Adjustment will conduct a public hearing on the following proposal on Wednesday, March 23, 2022, at the Town Office Building at 937 Route 103 in Newbury, NH: At 7:05 p.m., Jack & Cindy Kutner (owners), for property located at 255 Bay Point Road, Newbury, NH, will seek an after the fact Variance from the requirements of Paragraph 5.9.1 of the Newbury Zoning Ordinance to permit the following: Placement of a sauna within the 15’ side setback. Newbury Tax Map 006-094-303. Copies of the application are available for review during regular business hours at the Newbury Town Office building. Business hours are as follows: Monday, Tuesday, Thursday, and Friday from 8 am-noon.
Jack Kutner presented to the Board.
Mr. Kutner said the structure is a very small sort of A frame shaped sauna. Mr. Kutner continued that behind his houseis very steep grade, there is only one level piece of property which is the septic field. Mr. Kutner said the house on the left sits right on the property line. Mr. Kutner said he bought the sauna during covid, and it did not dawn on him to get permits, so now he would like to get into compliance. Mr. Kutner continued that the sauna sits in the only spot it can sit behind the house. Mr. Azodi asked how close to the boundary line was it. Mr. Kutner said about 6 feet. Mr. Azodi asked what kind of footings this is on. Mr. Kutner said it sits on top of the ground on a 6x6 wood platform.
Mr. Hurd asked how long the sauna has been there. Mr. Kutner said he put it in last April. Mr. Hurd said so almost a year. Mr. Briggs asked if there was a chance of the wind overturning it. Mr. Kutner said no. Discussion followed.
There being no further questions from the Board, Mr.Kutner addressed Article 16.8 of the zoning ordinance:
16.8.1 The variance will not be contrary to the public interest because: No impact on watershed or abutters properties.
16.8.2 Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship
a) There are special conditions in the property that distinguish it from other properties in the area because: 1. Due to steep incline of property & location of septic field this is the only location viable for locating sauna. 2. Houses very close to property line and leaves no space beyond the setback.
b) The property is different in a meaningful way from other properties in the area because:Neighboring property located right on property line.
c) The property is burdened more severely by the zoning restrictions because: Neighboring house is within set-back already so there isn’t physical space behind our house beyond the setback.
d) Because of the special conditions of the property, the proposed use of the property is reasonablebecause: Only location possible due to 1. Steep grade. 2. Septic field.
16.8.3 The variance is consistent with the spirit of the ordinance since: Does not distract from abutter’s enjoyment of their property. Neighbor on the property line in question has “no issue” and informed me he is happy to go on record to that effect if needed.
16.8.4 Substantial justice is done because: Sauna shed is reasonable use on the property and does not impact neighbors.
16.8.5 The value of surrounding properties will not be diminished because: No detriment to property aesthetic.
Discussion followed.
Mr. Thomas opened the public portion of the meeting.
There being no comment from the public, Mr. Thomasclosed the public portion of the meeting.
Mr. Thomas made a motion to vote on the request fromJack & Cindy Kutner (owners), for property located at 255 Bay Point Road, Newbury, NH, for a Variance from the requirements of Paragraph 5.9.1 of the Newbury Zoning Ordinance to permit the following: Placement of a saunawithin the 15’ side setback. Newbury Tax Map 006-094-303. Mr. Briggs seconded the motion.
Roll Call Vote:
Gary Budd voted to Grant the Variance from Paragraph 5.9.1.
Alex Azodi voted to Grant the Variance from Paragraph 5.9.1.
Larry Briggs voted to Grant the Variance from Paragraph 5.9.1.
Steve Hurd voted to Grant the Variance from Paragraph 5.9.1.
Henry Thomas voted to Grant the Variance from Paragraph 5.9.1.
Five votes to Grant the Variance.
Mr. Thomas advised that the applicant or any party directly affected by this decision may appeal to the ZBA within thirty (30) days of the decision pursuant to RSA 677:2. Said motion must set forth, in detail, all grounds on which the appeal is based.
Mr. Briggs made a motion to adjourn. Mr. Budd seconded the motion. All in favor.
The meeting adjourned at 7:40 p.m.
Respectfully submitted,
Tiffany A. Favreau
Recording Secretary
Zoning Board of Adjustment Page 1 of 6 March 23, 2022