Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT Meeting Minutes October 17, 2016 Chairman Bogert called the meeting to order at 7:03 PM. Roll Call: Wendy Patterson called the roll with the following members present; Gail Ober, Roland Maheu, Steve Bogert, Orry Gibbs, and Mike Foote. Absent was Suzanne Perley. Chairman Bogert seated Gail Ober as a voting member in the absence of Suzanne Perley so that there would be a 5 member board. Minutes: MOTION: Roland Maheu moved to accept the minutes from the September 19, 2016 meeting as written. Seconded by Orry Gibbs. Motion carried unanimously 5-0. Public Hearings: Chairman Bogert stated that before we heard the public hearings he would like to discuss an issue before the Board. Chairman Bogert stated to the Board that, in their packets for this meeting, there is a motion to rehear a prior case and was filed within 30 days according to RSA 677:2 but not in time for the agenda and was therefore not noticed properly. His interpretation is that by all the givens it should be moved to the next meeting because it has not been noticed properly which could cause potential problems down the road if proper process is not followed. He would like the input of the board members. Gail Ober agrees with the Chairman’s interpretation but has a question regarding the delay for the applicant and their ability to construct. Steve Bogert stated that it is their option to build and is a financial risk but they do have the right to gamble and do as they wish, if any further it goes against them they are under the burden. Gail Ober asked if they were aware that there was an appeal. S. Bogert stated that the original applicants (The England’s) were in the audience. G. Ober asked them if they knew there had been an appeal to the case. Mr. England stated that he was aware because he had been in touch with the Planning Department often and asked how this would affect his Discussion was held on the merits of the RSA’s and the time period that this would take. He was under the impression that a decision would be made this evening on whether or not the ZBA would re-hear the case therefore letting him know whether he could build the deck or not. S. Bogert explained that there Orry Gibbs stated that even if a decision was made to rehear it would continue to the next month’s meeting. Roland Maheu agreed this discussion of this item should be halted and properly noticed and spoke to 91-A and the legalities of posting for meetings. Discussion continued on the merits of the RSA’s and procedures to follow in cases such as this. It was the unanimous 1 consensus of the Board that this item shall be heard first at the meeting of November 21, 2016. Application #202016-0016 72 Gold Street. Owner: Estate of Paul F. Blizzard MSL#350-92-37, C Zone. Applicant is requesting a Special Exception from Article X Sec; 235-65 A & D to re-establish a business requiring a relief from setbacks as set forth. Steve Bogert explained to the Board that the applicant has made a request to be heard at the next meeting in anticipation of a full voting Board. S. Bogert asked that the clerk make sure that all applicants know that for the next several months there will be only 4 members if Orry Gibbs recuses herself (from this application hearing) and there is only the ability to postpone this for 3 months. There will be no action for re-noticing abutters in regards to this as anyone interested would have been here at this meeting to hear that it has been continued. Application #2016-017 Eastman Road. Owner David & Lorraine Jenks MSL#293- 285-3, RR1 Zone. Applicant is requesting Variance from Table 1 of Permitted uses of the Laconia Zoning ordinance to construct a barn on a site that does not have a principal residence. David Jenks of 48 Eastman Shore road with his wife Lorraine stated that they live on Eastman Shore Road and have purchased a 5.23 acre parcel on which they would like to construct a 50’x75’ barn 30” from sides and 150’ from stream. The parcel is presently accessed off of Eastman Road but if granted the variance they would purchase .36 acres from Sue and Chuck Tucker for a boundary line adjustment of 60’ thereby creating access to the property (approximately a 60x260’ area). The lot would still be non- conforming but less so because of the increase of frontage and the Tuckers would remain a conforming lot with over 300’ of frontage on Eastman Shore road. They Jenks stated that they live across the street from the parcel being discussed and could walk across the road and up the driveway to the barn. According to Table One of the Laconia Zoning Ordinance they cannot build an accessory building without a primary building on the lot. Roland Maheu asked if they plan to keep livestock. They Jenks said that they will not be keeping livestock and would like to create a garden and store their personal watercrafts, tractors and such in the barn. Discussion was held on if this does in fact need to come before the Board. Lengthy discussion was held on the Zoning Ordinance and where in fact it states that there cannot be a barn on a parcel of property that does not have a primary residential structure. Steve Bogert referred to Laconia Zoning Ordinance #235-42 under nonresidential uses. Discussion was held on the road frontage on Eastman and Eastman Shore Road for a total of 177’ of noncontiguous frontage. Roland Maheu asked if they plan to pave the corridor in the future. Mr. Jenks said possibly. Gail Ober inquired if this would need to go to the 2 planning Board. The Jenks said yes it would base on the potential property line adjustment. Steve Bogert reiterated that he does not see anything in the ordinance that would preclude anyone from placing a barn on the property without a primary dwelling. Steve Bogert stated that he would like to find the proper language that says that the applicant does not need to appeal to the ZBA as long MOTION; Gail Ober moved that the applicants do not need to apply to the Zoning Board of Adjustment for this use based on the boards interpretation of 235; 42, Table 1 as the Board interpretation of the code is that this is not an accessory use of the property as long as they meet all applicable codes, setbacks and code regulations. Seconded by Roland Maheu. Motion carried 5-0 in favor. Steve Bogert stated that should something be found that states the applicants must appeal to the ZBA, this allows the applicant to come back without prejudice. OTHER BUSINESS: Gail Ober asked if it would be appropriate to make a temporary appointment to the Board in order to hear further cases as they do need a full board. Orry Gibbs does not think there is an allowance to place someone temporarily. Steve Bogert asked Wendy Patterson to notify the applicant(s) that there may not be a full board until after the first of the year. Mike Foote stated that he went to the law lecture series and one of the cells was on ethics and when to recuse oneself or not. This was followed by discussion regarding Boards in small towns and that many Boards run in to this issue because essentially “everyone knows everyone”. Discussion continued on the possibility for people who may be interested to approach the Board and get involved. Mike Foote stated that Democracy takes engagement and participation and asked that if there is someone out there with the time and inclination that would like to be involved we would ask them to come forward to learn the whys and whatnots of what we do. Chairman Bogert inquired if there was any other business that the Board would like to discuss. There was none. MOTION: Gail Ober moved to adjourn. Seconded by Roland Maheu. Motion carried unanimously 5-0. Meeting adjourned at 7:54 PM. Respectfully submitted, Wendy L. Patterson Recording Clerk 3