Zoning Board of Adjustment

City of Laconia Zoning Board of Adjustment Tuesday, February 20, 2018 - 7:00 PM City Hall Conference Room 200A Accepted 4/16/2018 2/20/2018 - Minutes 1. CALL TO ORDER Chair: S. Perley: Calls the meeting to order at 6:59 PM Chair: S. Perley: Explains that S. Bogert will not be present this evening, and that she will be the Chair, and that M. DellaVecchia will be a voting member of the board. Also that O. Gibbs will be recusing herself from the application for 84 Summit Ave. Chair: S. Perley: Asks applicant for 84 Summit Ave is they are fine with a four member board. Applicant: Richard Homsi: States he has no issue. 2. ROLL CALL R. Mora: Takes roll call with the following present: M. DellaVecchia, R. Maheu, O. Gibbs, M. Foote, and S. Perley. S. Bogert was not present. 3. RECORDING SECRETARY Robert Mora, Zoning Technician 4. STAFF IN ATTENDANCE Brandee Loughlin, Assistant Planning Director 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS O. Gibbs motions to accept minutes as presented. R. Mahue: Seconds motion. All voted in favor 5-0 6. EXTENSIONS 7. CONTINUED PUBLIC HEARINGS, CONSIDERATION AND POSSIBLE VOTE Note: The Purpose Of This Agenda Section Is For The Board To Continue The Public Hearing For The Applicant And The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. 7.I. 7:00 PM ZO2017-0026 - 21 Morris Ave Variance (PDF) Chair: S. Perley: Asks if the applicant has the updated drawings that the board had requested. Agent: Lorenzo Trombetta: Explains that he does and provides the board a copy of the drawings. Explains that these drawings are not exact however that they are good enough to build with. Chair: S. Perley: Asks if the applicant has the updated drawings that the board had requested. Agent: Lorenzo Trombetta: Explains that he does and provides the board a copy of the drawings. Explains that these drawings are not exact however that they are good enough to build with. Chair: S. Perley: Explains that the board had concerns on how much the roof was going to protrude from the property. Agent: Describes the dimensions of the roof with the two options that were provided on the drawings. Also describes the bathroom that is being added to the property and how that has an effect on the dimensions of the roof line to have the addition of a bathtub. Board and Agent Discussion: The roof lines of the two options that have been presented and whether or not gutters will be placed on the building. Agent also describes an abutting property and that it was recently renovated, and what they have done with their drainage. Also states that the current owners have created a dry well on the property to help with storm water run off. That gutters could be routed to go into the dry well or the catch basin. Chair: Validates the square footage of the project of 396SF, and the intent to add the one bathroom and one bedroom. Board: Discuses when they should make a determination on the roof line. Agent: Explains the slight differences in roof lines with differences in construction between the two roof types. Chair: S. Perley: Opens the application to the public at 7:10 PM Abutter: Robert Regan of 15 Morris Ave: Explains that they are trying to go against the ordinance, then explains the relative size of the cottages in the area. Emphasizes that the addition will block the view of the lake from his property. That he is totally against the variance. Lastly, continues with detailing his residence that is next door. Board and Assistant Planning Director: Discuss whether or not there is a City Ordinance that prevents a second floor in that area. Assistant Planner B. Loughlin: States that the only thing that prohibits the addition is the setback. Abutter: Hilda Regan of 15 Morris Ave: Asks what the height increase would be, and whether their view is protected. Board: Discusses the height increases with the abutter for the two options that were presented to the board. The board discusses that unless they have a deeded right to the view of the lake that it is not protected. Chair: S. Perley: Asks if anyone else would like to speak for or against the application. No one else wished to speak and it was closed to the public at 7:15 PM. Board Discussion: States it really comes down to which roof option which there is little difference between and the view is not protected. Discussion over whether or not they should select a roof plan, with the conclusion that a roof plan must be selected. That the area is a old neighborhood with limited options except to make additions vertical. O. Gibbs: Motions to approve the variance for application ZO2017-0026 for 21 Morris Ave from a variance article 235 attachment 3 - Table of Dimensions. To increase the non-conformity in the setback by allowing the applicant to add a bedroom and full bath in upstairs of there home by raising the roof line 2.5 feet. By option 1 submitted by the applicant for a total of 396 square feet. The variance is not contrary to the public interest, it doesn't impact the public one way or another. Its in an old cottage being improved in a neighborhood, where other old cottages are being improved. Because of the nature of the lots the only additions can be upstairs. The spirit of the ordinance is observed in that we are still staying within the existing foot print of the home, the only additions is going up. Substantial justice will be done by allowing the applicant to improve his home, making it liveable. The value of the surrounding  variance article 235 attachment 3 - Table of Dimensions. To increase the non-conformity in the setback by allowing the applicant to add a bedroom and full bath in upstairs of there home by raising the roof line 2.5 feet. By option 1 submitted by the applicant for a total of 396 square feet. The variance is not contrary to the public interest, it doesn't impact the public one way or another. Its in an old cottage being improved in a neighborhood, where other old cottages are being improved. Because of the nature of the lots the only additions can be upstairs. The spirit of the ordinance is observed in that we are still staying within the existing foot print of the home, the only additions is going up. Substantial justice will be done by allowing the applicant to improve his home, making it liveable. The value of the surrounding properties won't be diminished. The proposed addition will improve the look of the current cottage. Improve the value of this house. Literal enforcement of the provision of the ordinance will result in an unnecessary hardship in that the size of the lot the only option s to move up. R. Maheu: Seconds motion. All voted in favor 5-0 8. PUBLIC HEARINGS, POSSIBLE CONSIDERATION AND VOTE Note: The Purpose Of This Agenda Section Is For The Board To Have A Presentation From The Applicant And Open A Public Hearing For The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. 8.I. 7:00 PM ZO2017-0035 - 161 Holman Street (PDF) Applicants: Doreen and Paul Plimpton: Explain that they purchased the property at 161 Holman St, and that the property has been used for many things in the past to include businesses and a rental property. Continuing on, the applicants explain that they would like to legally create an Accessory Dwelling Unit on the property as when the City Assessors office visited the property they assessed their property tax as a two unit property. Board: Asks what is in the Accessory Dwelling Unit in the basement. Applicant: Doreen Plimpton: Explains that there is one bathroom, one bedroom, and living space with a kitchen. That this takes up about 2/3 of the basement space. That the City has not entered the since its construction and other businesses have been run out of the home such as a dog kennel and a hair salon. Chair: S. Perley: Asks if they would still be residing there as that it part of the requirements of the Accessory Dwelling Unit. Applicant: D. Plimpton: States that they would be. That this would be something that would only be for their family. Board: States that it seems to meet all of the criteria for the Accessory Dwelling Unit. Then asks about exits and egresses available to occupants. Applicant: States that there are four exits. They will also be putting in egress windows. Chair: S. Perley: Opens the application to the public at 7:26 PM No one from the public wished to speak for or against the application. Chair: S. Perley: Closes the application to the public at 7:27 PM and brings it back to the board for discussion. Board Discussion: States it meets all of the criteria for the Special Exception. M. Foote: Motions to approve ZO2017-0035 161 Holman Street Special Exemption from article 235-41. In reference to an law apartment. The requested use is authorized in this chapter. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. It will not overload any public water, drainage or sewer system or any other municipal system, nor will there be any significant increase in stormwater runoff onto adjacent property or streets. The requested use will not create excessive demand for municipal police, fire protection, schools or solid waste disposal services. Any special provisions for the use as set forth in this chapter are fulfilled and those are the requirements to  M. Foote: Motions to approve ZO2017-0035 161 Holman Street Special Exemption from article 235-41. In reference to an law apartment. The requested use is authorized in this chapter. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. It will not overload any public water, drainage or sewer system or any other municipal system, nor will there be any significant increase in stormwater runoff onto adjacent property or streets. The requested use will not create excessive demand for municipal police, fire protection, schools or solid waste disposal services. Any special provisions for the use as set forth in this chapter are fulfilled and those are the requirements to the Accessory Dwelling Unit. The requested use will not create hazards to the health, safety, of general welfare of the public, not be detrimental to the use of or out of character with the adjacent neighborhood. The proposed location is appropriate for the requested use. The requested use is consistent with the spirit and intent of this chapter and the Master Plan. R. Maheu: Seconds motion. All voted in favor 5-0 8.II. 7:00 PM ZO2017-0036 - 84 Summit Ave (PDF) O. Gibbs: Recuses herself from the board at this time. Chair: S. Perley: Explains to the applicant that there is a four person board now and that if they would like to wait for a full board they have the option to continue. Applicant: Richard Homsi: Asks why someone is recusing themselves. Board: States that the individual works for a law firm of an interested party. Applicant: Richard Homsi: States that he would like to proceed. Applicant: Richard Homsi: That the City of Laconia received a complaint that he was storing trailers on his property and that is why he is here. Explains that he would like a variance so that he can store trailers in the front/side of his yard on 84 Summit Ave since he does not have any rear yard and has two frontages with one side yard. These are all trailers for items that are used on the property. Also explains that he has multiple trailers on his yard that are all located on his property and one may stick out beyond his property line but he will correct that. Also describes that he will be planting more trees on the property and that many trees on the property were damaged from a recent storm. He plans to rebuild the buffer along the streets and asks for the variance to be approved so that he can leave his trailers on his property. Board: Asks how many trailers would be stored on the property. Applicant: Richard Homsi: States six trailers. Continues to explain uses for the trailers and the types of trailers but would like to have six. Board: Describes that the bushes do not do a good job of providing a barrier for the trailers and that they are positioned so they looked like they are grouped together like they have just been put where ever. Applicant: States that they are sitting on crushed stone so they are positioned in those places for reasons. Explains that right now they can be seen because it is winter, however that in spring more trees will be planted and that the yard is very well maintained. Also explains his maintenance plan for his yard. Board: Asks if he is part of the Governors Island Association. Applicant: States that he is but there are no covenants that state he can not apply for a variance with the City of Laconia unless I plan to build something. Board: States that they have a general rule in regard to housing associations and that applicants usually need approval from the housing association, saying that they support what you are trying to accomplish. Applicant: Richard Homsi: Asks if they have that policy in writing because the was never informed of Board: States that they have a general rule in regard to housing associations and that applicants usually need approval from the housing association, saying that they support what you are trying to accomplish. Applicant: Richard Homsi: Asks if they have that policy in writing because the was never informed of such a need. Chair: S. Perley: Explains that they can't just give approval because Homeowners Association's are legal entities, that operate and have their own bylaws. Applicant: Richard Homsi: States that he should have been notified in that and it should be written in the Ordinance. M. Foote: Explains that the Board has been through a series of learning experiences that shows them they need to follow this methodology. Chair: S. Perley: Opens the application to the public at 7:39 PM Attorney: Kathrine Lacey from Wescott Law Representing the Governors Island Association: Explains that the applicant does not meet the criteria for the variance, and that he is overcrowding his property which is not consistent with the City Zoning Ordinance. Also that the City Zoning Ordinance is meant so that residents are required to follow this ordnance to prevent overcrowding. Also describes and shows that the trailers have been very visible on the property. Continues on to explain that the applicant has many options in order to store the trailers, presenting pictures that would become part of the record for the application. Explains pictures of the trailers with the issues that these pictures represent. Continues to explains that there are other options for storage of trailers. Also has a garage on site that the applicant uses as living space. Describes how the applicant does not meet the criteria and how this situation is self created. Chair: S. Perley: The paperwork provided by Wescott Law mentions that should the board approve the variance that a condition be added to the variance requiring the applicant to obtain approval from the Governors Island Association, and can you elaborate on that? Kathrine Lacey: States they the Governors Island Association ask that if they were to approve this they make it contingent upon approval from the Governors Island Association and that the Association asks that you don't grant the variance to begin with. Abutter: David Jennings 17 Wentworth Cove: Explains that everything is stored on his property line and it is very much an eyesore. Also that he doesn't know if the applicant is running a marine on that property. Provides picture evidence, states that several trailers are located on his property. Abutter Geoffrey Lynch: 40, 50 and 57 Summit Ave: States that there is currently too much being stored on the property and it is not aesthetically pleasing to look at. Chair: S. Perley: Closes the application to the public at 7:47 PM Applicant: Explains that Governors Island is not an abutter. Also explains that trailers are moved because items are used. Continues to explain that this is the lakes region and people have these items and the registration fees pay for this State to run. Also talks about how the City is not bound to anything with Governors Island Club. Also states he has a list of 21 properties in the community that have trailers on their property and that variances have been granted to other properties. That he doesn't see anything in the covenants that states the City has to abide by those laws and that there is no agreement between the City of Laconia and Governors Island. Also disputes some of the allegations made by abutters. Board: Asks about building a garage on the property. Applicant: States that the Governors Island is not allowing him to build a garage. States there is some legal background regarding this situation between him and Governors Island. Board: Explains that they don't know who has jurisdiction on the property and whether they can grant a variance.  Board: Asks about building a garage on the property. Applicant: States that the Governors Island is not allowing him to build a garage. States there is some legal background regarding this situation between him and Governors Island. Board: Explains that they don't know who has jurisdiction on the property and whether they can grant a variance. Applicant: Explains that he does not need the associations approval to seek a variance. Board: Talks about continuing the application while legal opinion is asked about who has jurisdiction and clarification. That they see the issue and that they are trying to conform with the vision of the City of Laconia. Applicant: States he has no issue suspending this and talking about this at a next meeting. S. Perley: States that it will remain open they will table it until next month. M. Foote: Motions to continue. R. Maheu: Seconds motion. All voted in favor to continue until next month 4-0 8.III. 7:00 PM ZO2018-0001 - 408 Leighton Ave (PDF) Agent: Charles Williams: Explains that he is representing the owner and that the owner would like to replace the deck in the rear of the house with a farmers porch and will go into the side setback. The agent also explains that the lot is smaller and that the house is already within the side set back. Board and Applicant: Discuss that the house is already in the setback and the the new porch will go into the side setback, that it will be expanded out 5 feet and change the stairs direction. R. Maheu: Asks if that is the only change to the foot print of the house? Agent: States they are not changing anything else in the footprint they are just renovating and this porch is the only foot print change. Board: Discusses that its only the side setback that is effected. Chair: S. Perley: Opens the application to the public at 8:00 PM No on from the public wished to speak for or against the application. Chair: S. Perley: Closes the application to the public at 8:00 PM Board Discussion: The board had no issues with the application. S. Perley: Motions to approve the application ZO2018-0001 by replacing an existing deck with an 11 x 24 farmers porch which will be in the 25 side setback. The variance is not contrary to the public interest. The spirit of the ordinance is observed the porch is an accepted use and an accessory use is consistent with the shore line does not effect the shore line just the side setback. Substantial justice is done in granting the variance its consistent with the neighborhood and doesn't hurt the general public. The value of the surrounding properties would not be diminished. The special circumstances to the property are that it already exists within the side setback this porch is a minor. There is no fair and substantial effect to the provisions of the ordinance there is no benefit in denying this to anyone. The proposed use is a reasonable one its an allowed use in the the district. R. Maheu seconds motions. All voted in favor 5-0  substantial effect to the provisions of the ordinance there is no benefit in denying this to anyone. The proposed use is a reasonable one its an allowed use in the the district. R. Maheu seconds motions. All voted in favor 5-0 9. OTHER BUSINESS 10. ADJOURNMENT M. Foote: Motions to adjourn. R. Maheu: Seconds motion. All voted in favor 5-0 Meeting adjourned at 8:04 PM Minutes respectfully submitted by: Robert Mora Zoning Technician This meeting facility is ADA accessible. Any person with a disability who wishes to attend this public meeting and needs additional accommodations, please contact the department at (603) 527-1264 at least 72 hours in advance so necessary arrangements can be made.