Zoning Board Minutes
Zoning Board of Adjustment
March 12, 2018
Approved May 14, 2018
Members Present: Peter Fichter, Chair; David Blohm, Vice-Chair; Nancy Marashio, Members; Reed Gelzer, Alternate.
Mr. Fichter called the meeting to order at 7:00 p.m.
Mr. Fichter appointed Mr. Gelzer as a voting member for this meeting.
ADMINISTRATIVE BUSINESS
Minutes
The Board reviewed the minutes of February 12, 2018 and made corrections. Mr. Blohm made a motion to accept the minutes as corrected. Mr. Gelzer seconded the motion. All in favor.
Continuance:
7:15 p.m.: Angela Spinney & Christopher Ross, for property located at 71 Lakewood Manor Rd. Newbury, NH, will seek a Variance from the requirements of Paragraph 15.2.1 and 15.2.2 of the Newbury Zoning Ordinance to permit the following: Re-construction, alteration, and expansion of a deck of a non-conforming building. Newbury Tax Map 019-709-474.
Mr. Fichter noted that this application was first reviewed by the ZBA on November 13, 2017. The gist of the application centered around a disagreement regarding the actual property line location of the Spinney/Ross parcel. The Applicant chose to continue the application to February 12, 2018. At that time, the Board suggested that the applicant obtain a property survey by a licensed surveyor and talk with the town assessor. Because of travel commitments by the applicant the case was continued to March 12, 2018.
Mr. Fichter noted that the applicant wished to rely on the tax maps as evidence of property boundaries. He referred the applicant to the following:
From the Assessing Database (https://www.axisgis.com/Tri_TownNH/) on the Town of Newbury website: These maps and corresponding data are maintained for municipal planning and tax assessment purposes only. They are not intended for legal description or conveyance purposes. It is presented as is. No other use is authorized. For questions or assistance, please contact the respective town offices. Thank You! Newbury, New London, Sunapee.
Mr. Fichter noted that the Code Enforcement Officer (CEO) sent the applicant a letter dated January 17, 2018 requesting that the deck in question be removed. Discussion followed.
At 7:26 p.m. Angela Spinney arrived. Mr. Fichter explained to her the process of a ZBA hearing and added that there were four members present for this hearing. Ms. Spinney indicate that she wanted five ZBA members present for this application.
Mr. Fichter reviewed for the applicant the aforementioned history of the Variance application, the Board’s recommendations, the continuances, the CEO letter, and the website statement pertaining to tax maps. He indicated that, to date, there has been no clarification forthcoming from the applicant.
Mr. Fichter recommended to the applicant the following options:
Get a survey of the property by a licensed surveyor.
Dismiss the case and remove the deck.
The process of applying for a building permit from the CEO was discussed. The deck was too close to the setback boundaries, resulting in the applicant applying for a Variance. Mr. Fichter stated that the Board needs to see a property survey done by a licensed surveyor to properly review the circumstances of this application.
Ms. Spinney asked if she could modify the deck at this point. Mr. Gelzer noted that the deck would have to return to its original configuration.
There was discussion regarding a 2012 property survey done by Bristol Sweet. Mr. Fichter suggested that Ms. Spinney check with the Registry of Deeds to obtain a copy of that survey. She agreed.
Ms. Spinney requested that the application be continued to May 14, 2018 to check on the property survey.
Ms. Marashio made a motion to continue the application to May 14, 2018 at 7:15 p.m. Mr. Gelzer seconded the motion. All in favor.
Mr. Gelzer suggested that Ms. Spinney talk with the CEO to let him know that she is in the process of addressing the CEO’s letter of January 17, 2018.
ADDITIONAL BUSINESS
The Board discussed amendments to the ZBA application checklist. Mr. Fichter agreed to inform the Land Use Administrator of the agreed upon changes.
The Board discussed the importance of including a stormwater management plan with application materials. Further discussion was tabled until future meetings.
Mr. Blohm made a motion to adjourn. Mr. Gelzer seconded the motion. All in favor.
The meeting adjourned at 8:17 p.m.
Respectfully submitted,
Meg Whittemore
Recording Secretary