Zoning Board Minutes

Zoning Board of Adjustment

May 14, 2018

Approved July 9, 2018

Members Present: Peter Fichter, Chair; Nancy Marashio, Member; Reed Gelzer, Alternate.

Mr. Fichter called the meeting to order at 7:05 p.m.

ADMINISTRATIVE BUSINESS

Election of Officers

Mr. Fichter turned the meeting over to the recording Secretary who called for nominations for the ZBA Chair position for the upcoming year.

Ms. Marashio nominated Mr. Fichter to serve as Chair of the ZBA for the upcoming year. Mr. Gelzer seconded the motion. All in favor.

The Recording Secretary turned the meeting over to the newly elected ZBA Chair, Mr. Fichter.

Member Appointment

Mr. Fichter informed the Board that the ZBA may appoint an individual to an open member position if such a position is available.

Mr. Fichter made a motion to appoint Mr. Gelzer to the ZBA as a full member to serve a one-year term. Ms. Marashio seconded the motion. All in favor.

Minutes

The Board reviewed the minutes of March 12, 2018 and made no corrections. Mr. Gelzer made a motion to accept the minutes as presented. Mr. Fichter seconded the motion. All in favor.

ZBA Application Checklist

There was a brief review of the suggested changes to the ZBA Application Checklist and agreement by the Board to implement said suggestions.

Master Plan 2027 Discussion

The Board discussed generally the contents of the Envision Newbury 2027 Master Plan and the relationship between the Master Plan and the Newbury Zoning Ordinance. Mr. Gelzer suggested further discussion at future meetings regarding how the Master Plan reflects – or does not reflect – the regulations contained in the zoning ordinance. The Board agreed.  

Variance Continuance: Christopher Ross & Angela Spinney for property located at 71 Lakewood Manor Road, Newbury, NH, Newbury Tax Map 019-709-474.

Variance request for relief from the requirements of Paragraphs 15.2.1 and 15.2.2 of the Newbury Zoning Ordinance to permit the following: Reconstruction, alteration and expansion of a deck of a non-conforming building.

At 7:15 p.m., Mr. Fichter introduced the Board and reviewed the hearing process with the applicant and members of the public.

Mr. Fichter informed the applicant that the Board has three members present for this hearing. He noted that the Board has a quorum to proceed but if the applicant wishes to wait until the Board has five members present, he/she may do so. He added that three “Yay” votes are needed for the granting of a Variance. Mr. Ross and Ms. Spinney stated that they wished to proceed.

Mr. Fichter noted that this is the fourth (4th) continuance for this application. He added that, on March 12, 2018, the Board requested from the applicant a property survey by a certified engineer to determine the accurate property lines. At that time, Ms. Spinney noted that the cost for a survey was prohibitive. It was noted that the abutter had a survey done in 2012 that was filed with the Registry of Deeds. The Board suggested that Ms. Spinney research that survey.

Ms. Spinney informed the Board that she contacted the Registry of Deeds two times but that there was no survey on record. She further contacted Bristol Sweet (who did the 2012 survey) and was told that there was nothing in their records.

Mr. Ross stated that he and Ms. Spinney have done their due diligence and that the property lines they present are contained on the town’s tax map.

Mr. Fichter noted that tax maps are not the same as property surveys. Also, he added that the property deed contains references to “meets” and “bounds”, etc., but not the specific boundaries. He said tax assessors utilize deeds and registered property surveys to determine tax maps.

Mr. Gelzer noted that Ms. Spinney and Mr. Ross modified their property and that modification required a Variance. He added that a Variance requires a certified property survey to indicate boundaries, pins, etc. Discussion followed.

Mr. Fichter stated that, in the absence of a registered property survey, the ZBA cannot act on a Variance request because the exact property boundaries are not known, the side setback location is unknown, and the ROW setback. Without a property survey, the ZBA is unable to correctly locate the proximity of the new deck to the property boundary line.

Mr. Fichter stated that, at this point, no new information has been provided to the Board. He added that if a certified property survey is available showing the property lines of the Spinney/Ross parcel and that of their abutter, then the Board can proceed.

Robert Reed, a minority interest holder in the abutting property owned by Walter Reed, presented to the Board a certified property survey that was done on April 30, 2018. This survey shows the Ross/Spinney deck .1-feet over their property line and encroaching on the Reed property.

Mr. Reed indicated that a survey was done a while back on Lakewood Manor Estates and indicated the three common points found on the property. He noted that the survey is on file with the Registry of Deeds.

Mr. Fichter asked if there was a possibility of the two neighbors speaking and coming to a mutually beneficial agreement regarding this issue. Mr. Reed said he cannot speak for Walter Reed, the majority holder of the property.

Mr. Ross indicated that he will remove the deck. Discussion continued regarding the purpose of tax maps, the location of the property line when Ross/Spinney bought the property, and next steps regarding modification of tax assessment.

Mr. Fichter suggested that Mr. Ross and Ms. Spinney meet with the Newbury tax assessor to review their assessment, what is being taxed, definition of property, etc.

There being no further discussion, Mr. Fichter opened the hearing to the Public.

There being no Public present, Mr. Fichter closed the public portion of the hearing and the Board went into deliberations.

There being no further discussion from the Board, Mr. Fichter called for a Motion to Vote.

Mr. Gelzer made a motion to vote on the request from Christopher Ross & Angela Spinney for property located at 71 Lakewood Manor Road, Newbury, NH, Newbury Tax Map 019-709-474, for a Variance from the requirements of Paragraphs 15.2.1 and 15.2.2 of the Newbury Zoning Ordinance to permit the following:  Reconstruction, alteration and expansion of a deck of a non-conforming building. Mr. Fichter seconded the motion.

Mr. Fichter voted to Deny the Variance from Paragraphs 15.2.1 and 15.2.2 because the deck is an infringement on the abutter’s property and is in excess of town regulations.

Mr. Gelzer voted to Deny the Variance from Paragraphs 15.2.1 and 15.2.2 because the deck is an infringement on the abutter’s property and is in excess of town regulations.

Ms. Marashio voted to Deny the Variance from Paragraphs 15.2.1 and 15.2.2 because the applicant cannot have his/her deck on their neighbor’s property.

Mr. Fichter 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.

Mr. Fichter encouraged Mr. Ross, Ms. Spinney and their neighbors, Mr. & Mrs. Walter Read, to work towards an amicable solution so they may co-exist in a community-spirited manner.

There being no further discussion, Mr. Fichter called for a Motion to Adjourn.

Mr. Gelzer made a motion to adjourn. Ms. Marashio seconded the motion. All in favor.

The meeting adjourned at 8:13 p.m.

Respectfully submitted,

Meg Whittemore

Recording Secretary