Zoning Board of Adjustment

City of Laconia Zoning Board of Adjustment Monday, May 21st 2024 - 6:30 PM City Hall in the Armand A. Bolduc Council Chamber 5/21/2024 - Minutes 1. CALL TO ORDER Michael DellaVechia called the meeting to order at 6:32PM 2. ROLL CALL Roll Call in attendance. Roland Maheu, Richard Boddie, Jane Laroche, Michael DellaVechia, Mike Foote, and Marcia Hayward. 3. RECORDING SECRETARY Scott Pelchat 4. STAFF IN ATTENDANCE Planning Director Rob Mora , Zoning technician Scott Pelchat. 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS the minutes were accepted with three clarification's 5.I. Minutes 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. 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. 9. ZO2024-0012 VAR 1921 Parade Rd Phil Brouillard, Sarah Whearty, and Louis Tomasello. Spoke on behalf of the Variance application ZO2024- 0012VAR to allow for the creation of lots that are below the prescribed 2 acre requirement. Phil explained to the board the location and the ownership of the parcel. Phil asked Sarah to give the overview of the lot and the variance proposal. Sarah broke down each lot and used a visual map to show all lots and the description there of. Sarah discussed Clover Lane and how it would be deeded to South Down Association. Phil stated part of the hardship was the deeding of this road and it is unique. Sarah stated the road lot is  Phil Brouillard, Sarah Whearty, and Louis Tomasello. Spoke on behalf of the Variance application ZO2024- 0012VAR to allow for the creation of lots that are below the prescribed 2 acre requirement. Phil explained to the board the location and the ownership of the parcel. Phil asked Sarah to give the overview of the lot and the variance proposal. Sarah broke down each lot and used a visual map to show all lots and the description there of. Sarah discussed Clover Lane and how it would be deeded to South Down Association. Phil stated part of the hardship was the deeding of this road and it is unique. Sarah stated the road lot is over an acre. Phil and Sarah pointed out the Zone lines as they fall within the subject parcel. Mike Foote asked about the property line and set back to Phil and he answered they are field lots so they look a lot bigger. Phil stated South Down Association president Mr. Wasson is not opposed to this variance. Marcia asked if the lots would become part of South Down and it was found to be true. Marcia mentioned South Downs current sewer problems do not become the City's problem. Phil mentioned it is a variance hearing and that sewer issues would be planning board level decisions. Phil Brouillard led the board through the variance criteria as presented in the initial application submittal please see the agenda for complete narrative. Mr. Wasson from South Down Association stated there was a vote taken 15 - 1 to not oppose the proposal. Marcia asked 4 houses Phil answered economic reality and development. Mike DellaVechia asked about the snowmobile trail will it be effected answer was no. Opened to the public discussion Richard Heath 67 Clover Lane spoke in opposition to the Variance citing Zoning regulations, The Master Plan, Lot Size, Richard submitted photos to the board showing topography issues that lend to stormwater runoff going toward Parade Road. Richard stated a proposed development would increase this runoff towards Clover Lane. James Labonte 114 Clover Lane spoke in opposition to this variance proposal citing Zoning regulations, Clover Lane as a dead end road, Road water runoff abatement, and Traffic on Clover Lane. James cited Storm water runoff as an existing situation that would be amplified by this development. Mary Labonte 114 Clover Lane spoke in opposition to this Variance proposal citing Clover Lane road conditions, Storm water runoff, and the fact that all vehicles utilize clover lane and trespass on their property for turnarounds, also spoke heavily on existing storm water conditions being a problem currently. Kate Dumais spoke for Attorney Mike Pearson representing client John McIntyre owner of the property across Parade Rd. Her Client feels the Zoning Objectives can not be met and that if they are found to be met than certain conditions be put in place. No unnecessary hardship exists Kate references Simplex technology VS the Town Of Newington. Kate mentioned the stipulation for disposition is the only hardship referenced by the applicant. Kate did mention that roadways should be detracted prior to lot creation. Her client asserts the variance be denied and if it is granted that these conditions be made that no structure can be 100 feet from Parade Road and that all lots are accessed from Clover Lane. Marci Gaskamp spoke in opposition to the variance citing stormwater runoff conditions as well as standing water conditions at South Down, also citing recent rains have made conditions at South Down a soggy mess. Marci also stated that they had reached out to the HOA and were given no help from the HOA in closing current conditions still exist. Phil Brouillard addressed the board and stated this is our first stop and that current existing conditions are not the developers goal but only to improve runoff conditions. Phil stated more drainage concerns over development concerns were heard. Mike Foote asked about a turnaround on Clover Lane and no decision was made. Phil could not rebut to the attorneys concern due to not having time to have read the letter submitted by them. Phil stated that these houses will be away from Parade Road and that these lots would be accessed by Clover Lane. Sarah stated there would be no change after the fact access would be how it is proposed. Sarah mentioned the standards of South Down are more stringent than the City of Laconia's. The Board spoke amongst themselves Richard spoke on the numbers of the lots and the locations the amounts and house counts. Roland asked Rob 2 questions if they were going for 3 houses would they be here and the answer was probably no. Richard inquired on the inception of Southdown and it was found to be 1985. Mike Dellavechia mentioned Mrs Dumais letter and how lots would look after completion. Mike Foote mentioned no overall drainage plan for Southdown exists and that future developers will need to manage this. Richard Boddie , Mike Foote and Mike DellaVechia stated that a fourth home or lot is not what is causing the drainage issues currently but poor drainage infrastructure that was poorly designed with no overview in the Southdown Associations. Marcia Hayward Made a motion with the Rationale provided by Phil Brouillard in the Variance criteria included with the application. and also including the two conditions that the new homes be no closer than 100 feet from Parade Road and also that all lots are accessed from Clover Lane. This was seconded by Mike Foote and was approved unanimously. 10. ZO2024-0030 VAR 899 Union Ave Alan Waldorf spoke on behalf of the application for a variance at 899 Union Ave to allow for the encroachment into the front setback to allow for the erection of a sign. Alan stated that the sign structure would encroach into the front set back by 3 feet to allow for the structure to be closer to the sidewalk for visibility of the sign. Alan presented before and after pictures of the [property and how current conditions and proposed conditions would fall. Alan stated the wall is complete but the sign itself is still to be completed. Mike DellaVechia stated he felt the developer had done a fantastic job on the property. This was opened to the public and there were no comments. Richard spoke regarding this proposal as reasonable. The Board discussed amongst themselves regarding signs and compliance and how they go hand and hand. Alan Stated the sign was designed to allow for visibility as people exit the parking area.  encroachment into the front setback to allow for the erection of a sign. Alan stated that the sign structure would encroach into the front set back by 3 feet to allow for the structure to be closer to the sidewalk for visibility of the sign. Alan presented before and after pictures of the [property and how current conditions and proposed conditions would fall. Alan stated the wall is complete but the sign itself is still to be completed. Mike DellaVechia stated he felt the developer had done a fantastic job on the property. This was opened to the public and there were no comments. Richard spoke regarding this proposal as reasonable. The Board discussed amongst themselves regarding signs and compliance and how they go hand and hand. Alan Stated the sign was designed to allow for visibility as people exit the parking area. Mike asked if the sign was in compliance Scott stated the sign itself is and also if the old structure had not been removed we would not need a variance. also a hardship was found that the proximity to the road is the hardship. Mike Foote motioned to approve the variance to allow for the encroachment into the front setback. this was seconded by Roland and was passed unanimously. 11. ZO2024-0031 SE 246 Shore Dr The application for ZO2024-0031SE Was withdrawn. 12. ZO2024-0032 Variance 119 Maiden Lady Cove Lane Michael Dambach spoke regarding the variance application to allow for construction within the front set back and rear set back (shoreline). Michael spoke regarding the Application for variances for set back relief on the property at 119 Maiden Lady Cove Rd. to allow for the reconstruction of the existing A frame domicile on the property. Michael stated last property before Meredith Line. Looking for relief from front setback and also looking for relief from the shoreline setback. Michael stated the basement is a dirt floor and that moisture is a problem currently and that a new structure that is more compliant would be created. Michael stated that the increase would be no more than 140 Square feet and would allow for more code compliant structure that currently exist. No fair and substantial relationship exists between the applicant and the general public. Mike Foote asked when was the property built in 1964. Mike DellaVechia asked how the basement would be. Richard asked regarding elevation of the house from the water and would be about 7 feet above the water line. Richard asked how the lot is accessed it was found to be accessed from Needle eye to get to the property. this was opened to public discussion and no comments were given. Jane Laroche made the motion to approve the variances as defined within there application using the applicants finding of fact this was seconded by Mike Foote and was passed unanimously. 13. ZO2024-0034 Special Exception 3B Mulligan Court Brian Gleavy spoke regarding the application to allow for Short term Lodging in the RS zone at 3B Mulligan court within the South Down Shores Association. Brian stated the requirements as set forth by Golf Village at South Down. And it was found to be it was an allowed use within Southdown Association. The Board discussed amongst themselves regarding the application. Mike DellaVechia opened to public discussion and there were no comments. The Board sought a motion to allow for the special exception this motion was made by Marcia Hayward and was seconded by Roland Maheu and was unanimous. 14. ZO2024-0035 Variance 12 Veterans Square The application for ZO2024-0035VAR was withdrawn. 15. OTHER BUSINESS Rob Mora Planning Director spoke regarding the signs and ordinances as they exist currently. 16. ADJOURNMENT The meeting was adjourned at 9:35PM