Zoning Board Minutes
Zoning Board of Adjustment
November 18, 2019
Approved February 10, 2020
Members Present: David Blohm, Vice-Chair; Nancy Marashio, Gary Budd, Reed Gelzer, Members; Henry Thomas, Alternate.
Mr. Blohm called the meeting to order at 7:03 p.m.
Mr. Blohm appointed Mr. Thomas as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of October 28, 2019 and made no corrections. Mr. Budd made a motion to accept the minutes as presented. Mr. Gelzer seconded the motion. All in favor.
Mr. Blohm introduced the Board and reviewed the hearing process with the applicant and members of the public.
At 7:05 p.m. 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 Monday, November 18, 2019 at the Town Office Building at 937 Route 103 in Newbury, NH: At 7:05 p.m., Paul G. Krause & Linda J. Plunkett, for property located at 20 Ramblewood Place, Newbury, NH, will seek a Variance from the requirements of Paragraph 5.9.1 of the Newbury Zoning Ordinance to permit the following: Construction of a 20’X24’ garage within 15’ of the side/rear setback. Newbury Tax Map 017-234-353. 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.
Linda Plunkett and Paul Krause presented to the Board.
Ms. Plunkett reviewed the planned garage addition with the Board, noting that the plan was short on the building depth because of proximity to the lot line. The plan calls for a 20-foot (depth) by 24-foot building. The reason for this, she added, was that there was nowhere else on the property to place the building. She added that the lot line comes almost to the corner of the proposed garage on the left corner. Under the patio is the leach field and on the right side is a ravine.
Ms. Marashio asked about the position of the proposed garage in relation to the road, noting that it presents an inconsistent right-of-way measurement. Discussion followed regarding the challenges presented on this site.
Mr. Blohm noted that the lot contains a lot of topographical challenges – lots of “up-and-down” land areas. Ms. Plunkett agreed, adding that there are also wetlands present and steep slopes. She said the turnaround radius is also a challenge.
Mr. Gelzer asked why the plan did not call for attaching the garage to the existing house. Ms. Plunkett said the house is on a slab. Mr. Thomas stated that the house slab is heated; the garage slab will not be heated. That makes the two slabs incompatible. If they were joined, the unheated slab would cause the heated slab to shift, resulting in damage to the house.
Mr. Thomas stated that there must be enough space between the house and the garage to protect the sides of both buildings.
Discussion followed, including the topic of the placement of oil tanks on the property.
There being no more questions from the Board, Ms. Plunkett addressed Article 16.8 of the zoning ordinance:
16.8.1 The variance will not be contrary to the public interest because: Proposed construction will not negatively impact the public. Proposed construction does not interfere with public right of way, traffic or views. Proposed construction is in the spirit of the ordinance.
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:There are steep drop-offs on the sides of the property. The landward side is restricted due to leach field, a retaining wall, and well.
b. The property is different in a meaningful way from other properties in the area because: There are large outcroppings of ledge at ground level and steep slope. The only other flat area other than the proposed site houses the leach field. Other properties in the area have no ledge outcroppings or steep slopes.
c. The property is burdened more severely by the zoning restrictions because: There is no eco-friendly way to construct without blasting or cutting forest and hauling fill and building a retaining wall which would have a severe impact on the neighborhood and local ecology. Further horizontal construction/alteration is not possible to maintain setbacks of 15-feet from sidelines.
d. Because of the special conditions of the property, the proposed use of the property is reasonable because: The proposed use blends with neighboring properties and increases all properties property values. The proposed use also benefits the quality of life for the residents. The proposed use increases the property value, which benefits the town.
16.8.3 The variance is consistent with the spirit of the ordinance since: The proposed use allows the landowners the greatest degree of freedom in the use and enjoyment of their land as is consistent with the purpose of the zoning ordinances. The proposed use promotes the health, safety and general welfare of the residents, without a negative impact on the environment. No trees need to be cut for this project. Note: Some trees were cut to mitigate moisture/mildew within the house.
16.8.4 Substantial justice is done because: Property values and quality of life improve without negatively impacting the neighborhood or environment. An impervious surface under vehicles will prevent oil/gas/contaminants from leaching into the ground.
16.8.5 The value of surrounding properties will not be diminished because: The proposed construction will add value to the property and therefore add value to the neighborhood. Four of the other five properties on Ramblewood Place have garages. The proposed garage will bring the property to a more comparable value as others in the neighborhood. The proposed garage will be mostly behind the tree line along the road and not noticeable.
Ms. Marashio complimented Ms. Plunkett on the quality and completeness of the answers to 16.8.
There being no further questions from the Board, Mr. Blohm opened the public portion of the meeting.
Kevin Lucey, abutter, asked about the orientation of the proposed garage on the property. Ms. Plunkett showed him where the garage would be located. Jane Lucey stated that the location will not affect their property at all.
There being no further comment from the Public, Mr. Blohm closed the public portion of the hearing and the Board went into deliberations.
Mr. Blohm noted that the direct abutter is in favor of the project.
Mr. Gelzer asked if there were any floor drains in the proposed slab for the garage. Mr. Krause stated that drains were not allowed. He added that perimeter drains will be installed around the garage to handle all roof runoff.
Ms. Marashio noted that the applicant does not have a lot of choice for placement of the garage and that there is very limited road frontage.
Mr. Blohm stated that this was a reasonable request.
There being no further discussion from the Board, Mr. Blohm called for a Motion to Vote.
Ms. Marashio made a motion to vote on the request from Paul G. Krause & Linda J. Plunkett, for property located at 20 Ramblewood Place, Newbury, NH, for a Variance from the requirements of Paragraph 5.9.1 of the Newbury Zoning Ordinance to permit the following: Construction of a 20’X 24’ garage within 15’ of the side/rear setback. Newbury Tax Map 017-234-353. Mr. Gelzer seconded the motion.
Mr. Budd voted to Grant the Variance from Paragraph 5.9.1.
Mr. Thomas voted to Grant the Variance from Paragraph 5.9.1.
Ms. Marashio voted to Grant the Variance from Paragraph 5.9.1.
Mr. Gelzer voted to Grant the Variance from Paragraph5.9.1.
Mr. Blohm voted to Grant the Variance from Paragraph 5.9.1.
Mr. Blohm advised that the applicant or any party directly affected by this decision may appeal to the ZBA within thirty (30) days of the decision as per RSA 677:2. Said motion must set forth, in detail, all grounds on which the appeal is based.
There being no further business to discuss, Mr. Blohm called for a Motion to Adjourn.
Mr. Gelzer made a motion to adjourn. Mr. Blohm seconded the motion. All in favor.
The meeting adjourned at 7:28 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary
Zoning Board of Adjustment Page 1 of 6 November 18, 2019