Zoning Board of Adjustment

City of Laconia Zoning Board of Adjustment Tuesday, June 18, 2024 - 6:30 PM City Hall in the Armand A. Bolduc Council Chamber 6/18/2024 - Minutes 1. CALL TO ORDER Michael Dellavechia brought the meeting to order at 6:30PM 2. ROLL CALL Scott Pelchat gave the roll call in attendance Roland Maheu, Richard Boddie, Jane Laroche, Michael Dellavechia, Mike Foote, and Marcia Hayward. 3. RECORDING SECRETARY Zoning Technician Scott Pelchat. 4. STAFF IN ATTENDANCE Scott Pelchat 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS The minutes were accepted from the previous meeting. 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. ZO2024-0041 VAR 92 Water St Warren Cook made his proposal to the board in a request for a variance to allow for 4 support posts to be anchored within the side set back at the property located at 92 Water St. Warren stated to the board that he wants to put a carport on his property near the old pearly court easement. Michael asked the applicant do you live at 92 water st and Warren answered he has lived there for 30 years. Michael stated the City owned property is that a sewer line? and it was found to be an 18 inch storm drain  Warren Cook made his proposal to the board in a request for a variance to allow for 4 support posts to be anchored within the side set back at the property located at 92 Water St. Warren stated to the board that he wants to put a carport on his property near the old pearly court easement. Michael asked the applicant do you live at 92 water st and Warren answered he has lived there for 30 years. Michael stated the City owned property is that a sewer line? and it was found to be an 18 inch storm drain within the easement. Warren stated he would be about two feet from his property line which abuts the Easement ( currently there is a fence post referenced in the easement that is much closer to the pipe than the footings for the carport will be) The carport posts will be approximately 5 feet from the pipe, where the fence post is about two feet. Michael asked about the distances from other structures and Mr. Cook stated that the property is as it exists and that the pearly court access has been dormant for some time. Marcia asked Mr. Cook for clarification on the exact location of the proposed carport and Mr. Cook showed Marcia the correct location on the plot image. Marcia asked Scott about the visit to the property with DPW and any advisement from that department. Scott stated that he was at the property at 92 Water St on Monday and again on Tuesday with a representative from DPW. Scott touched upon the easement language and the location of the drainage line to the river from the street. Scott stated that the easement reads that there is a fence post on the property currently and in the deed language it states that if The City were to seek repairs in that area that any damages that occur to the Property in the easement area owned by Mr. Warren Cook that the Property owner Mr. Cook would be responsible for the repairs and any costs attributed to the repairs. Mr. Cook stated that was agreeable to him. Marcia asked Scott if this should be written into this approval as a condition and Scott stated yes it should. Mr. Foote asked about the easement and Mr. Cook explained that the easements to him. Richard inquired about an Eversource easement. It was found the Pearly court easement would be untouched and that the spill over of 10 feet on each side would be affected. It was found that the posts would be about 5 feet from the easement. The Chair opened to public discussion and there were non and it was back to the board for further Discussion. Michael DellaVechia stated that the condition for the approval should read that Mr. Cook assumes responsibility. And if the City is to take action to repair or replace the pipe and if any damage is incurred to the new carport that Warren Cook will be responsible for the repairs and or cost of replacements to his property. Mike Foote Motioned to approve this variance for a side set back to allow for construction of a carport. Mr. Foote what we have is an easement that has been utilized by Mr. Cook for sometime. And the carport will come to but not encroach into the easement and would allow the City to remand the access to the easement portion to allow for repairs needed to the drainpipe and would still give allowance to Mr. cooks carport. Roland seconded the motion and it was unanimously granted. 10. ZO2024-0044 VAR 125 White Oaks Road Eric Isnor Made his proposal to the board in a request for a variance to allow for renovation of the structure at the property located at 125 White Oaks Rd which will encroach into the rear set back. Eric stated that he had gone to the planning department and Scott had made him aware of the rear setback Eric then spoke regarding the construction that would take place within the existing structure that would encroach into the rear setback. Richard asked and showed the board the affected area in question. Eric showed the board a reference picture as well. Mr. Foote inquired to Mr Isnor if this is just an addition to the house and it was found to be yes. Michael Dellavechia opened to public discussion and it was found there were no abutters present. Marcia motioned to approve the application for a variance. The variance does not alter the charachter of the neighborhood. 2 The request is not contrary to the ordinance. Substantial justice is done as extending the structure into the setback will not effect anyone. no evidence was presented for or against the diminishment of property values. 5 the proposed use is a reasonable one Jane seconded the motion and it was unanimous. 11. ZO2024-0046 Special Exception Gables Dr The Applicants parents spoke for the Applicant Matthew Woelfel. to allow for short term lodging in the RS Zone where the property is not owner occupied. Eileen Woelful spoke regarding the special exception for there sons property as his agent Marcia Hayward asked regarding the owner occupancy of the property and 11. ZO2024-0046 Special Exception Gables Dr The Applicants parents spoke for the Applicant Matthew Woelfel. to allow for short term lodging in the RS Zone where the property is not owner occupied. Eileen Woelful spoke regarding the special exception for there sons property as his agent Marcia Hayward asked regarding the owner occupancy of the property and as for the Special exception it was found that it was not occupied for the 150 Days so indeed a special exception was needed for this allowance. parking was mentioned as well as the plot image submitted was a depiction of the parking but did not truly capture the overall value. Scott stated that when the submittal is given for the actual permit parking can be looked at at that time. Michael asked if this use was allowed in the South Down Association and it is allowed. Marcia and Scott spoke regarding the Special exception and which application is better suited for this application type. Michael opened to the public for comment and there were no comments. Richard asked Scott about how many other rentals exist at this association Scott stated he feels a correct permitted number is 5. Marcia Motioned to Approve the special Exception for short term lodging. and it was seconded by jane Laroche and was approved unanimously. 12. ZO2024-0047 Variance 130 Academy St. Craig Stout Made his proposal to allow for the encroachment into the side set back to allow for the new construction of an Accessory dwelling unit. Craig gave the board his proposal to demolish the old structure and allow for encroachment into the side setback. Also showed the board using the plot plan as an example for the board members to show proximity of the new structure with the ADU. Craig emphasized the second driveway access that would allow for parking and access to the new structure. Mike Foote asked about the conformity improvements. Craig spoke again about the driveway and was asked the size of the new structure and it was found or thought that the ADU would be oversized and Scott ensured the board that the Square footage values would need to be met for this allowance to happen. Richard asked Craig about the utilities on site. Scott defined the ordinance for the Square footage and how it is captured during the building process. The Board decided to split the difference with the applicant regarding the setback encroachment asking Craig to seek 5 feet from the side set back instead of the original full 10 feet that was asked for. The applicant was agreeable to this and the board was as well. this was Approved Mike Foote and seconded by Jane Laroche and was unanimous. 13. ZO2024-0048 SE 130 Academy St. Craig Stout made his proposal to allow for a special exception to allow for the construction of an accesory dwelling unit. Craig Stout Made his proposal to allow for the encroachment into the side set back to allow for the new construction of an Accessory dwelling unit. Craig gave the board his proposal to demolish the old structure and allow for encroachment into the side setback. Also showed the board using the plot plan as an example for the board members to show proximity of the new structure with the ADU. Craig emphasized the second driveway access that would allow for parking and access to the new structure. Mike Foote asked about the conformity improvements. Craig spoke again about the driveway and was asked the size of the new structure and it was found or thought that the ADU would be oversized and Scott ensured the board that the Square footage values would need to be met for this allowance to happen. Richard asked Craig about the utilities on site. Scott defined the ordinance for the Square footage and how it is captured during the building process. Marcia motioned to approve the Special exception and it was seconded by Mike Foote and was unanimous. 14. OTHER BUSINESS 15. ADJOURNMENT The meeting was adjourned at 7:30PM