DUNBARTON ZONING BOARD OF ADJUSTMENT

MONDAY, AUGUST 9, 2004

TOWN OFFICES – 7:00 P.M.

 

The regular monthly meeting of the Dunbarton Zoning Board of Adjustment was held at the above time, date and place with Chairman John Trottier presiding.  The following members were present:

 

                John Trottier, Chairman

                John Herlihy, Vice Chairman

                Alison Vallieres, Secretary

                Gertrude Dulude

                Ron Slocum, Alternate

                Dan DalPra, Alternate

                Leo Martel, Alternate

                Kenneth Swayze, Admin., Planning and Zoning Department

 

The Chairman verified with the Secretary that the meeting notice had been posted in three places throughout the Town and published in the Concord Monitor for one day.  In addition, the public notice had been put on the Dunbarton Web Page. 

 

The minutes of the previous meeting of Monday, July 12, 2004 were approved as written with the following motion:

 

MOTION:

 

John Herlihy made a motion that the Monday, July 12, 2004 minutes be approved as written.  The motion was seconded and passed unanimously.

 

7:00 P.M. – CONTINUED PUBLIC HEARING REGARDING ZONING REQUESTS TO ALLOW WATCH HILL DEVELOPMENT GROUP, LLC, REPRESENTING COUNTRYSIDE GOLF CLUB, INC.  LOCATED ON ROUTE 13 (STARK HIGHWAY SOUTH) IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH AS FOLLOWS:

 

1.                   A special exception under Article 4, Table of Uses and Article 6 of the ordinance to permit a planned residential development on Lots B3-2-1, B4-1-11, A4-1-15 and A3-1-4 (the “Property”).

 

2.                   A variance to Article 6, Section C(3) of the ordinance to permit eighty eight (88) dwelling units in a planned residential development on the Property, consisting of fifty two (52) single family units, six (6) two-unit buildings (for a total of twelve (12) dwelling units) and six (6) 4-unit buildings (for a total of twenty four (24) dwelling units) on 240.4 acres of “developable land area”, where the ordinance would require 368 acres of “developable land area”.

 

3.                   A variance to Article 9, Section E(3) of the ordinance to permit no setback in two areas of the Property where the Ordinance would require one hundred (100) feet as a sideyard buffer setback for multi-family housing.

 

4.                   An administrative appeal/determination under Article 6, Section D of the ordinance that the pre-existing golf course (including fairways, greens, tees and rough, but not the clubhouse, clubhouse parking and related buildings and structures appurtenant to the golf course) is a permitted form of open space in planned residential developments under the ordinance.

 

5.                   A special exception under Article 4, Table of Uses of the ordinance to maintain a pre-existing golf course clubhouse, pump house and clubhouse parking appurtenant to the golf course use as a commercial use on the Property, which Property also shall house a planned residential development.

 

At this point in the public meeting, Ron Slocum, Alternate, stepped down from the Board because of a conflict of interest.

 

John Trottier, Chairman, noted the following members would be voting on this request this evening:

 

                John Trottier, Chairman

                John Herlihy, Vice Chairman

                Alison Vallieres, Secretary

                Gertrude Dulude

                Dan DalPra, Alternate

 

John Trottier, Chairman, stated that there would be no public input from the abutters or the general public because at this last meeting the Public Hearing had been closed.  This evening would be devoted to deliberations by the Dunbarton Zoning Board of Adjustment.

 

Attorney Uchida briefly explained that they were seeking Variances for the 100 foot buffer against the Horne Property and also next to the Whittaker property.  The purpose of the buffer is to obscure the view from the adjacent properties.  A buffer would not really help the situation.  In the Whittaker situation, it is not that there is housing.  Building a buffer could only protect the view so far to Route 13, but don’t want to obscure Route 13.  In addition, if we do not get the buffer, we will have to impact the Wetlands Area for a crossing.  If you feel that you want the Planning Board to look at this during the course of development, we would agree to that. 

 

Dan DalPra stated that he noted the date of the original plan was 1988 and that the date has not been changed to reflect the new date, August 2004. 

 

Attorney Uchida stated that there will be a Revision date on the final plan to be submitted for the Board. 

 

The Board went through the possible conditions of approval for the application as presented by Attorney Uchida as follows:

 

1.       A special exception under Article 4, Table of Uses and Article 6 of the ordinance to permit a planned residential development on Lots B3-2-1, B4-1-11, A4-1-15 and A3-1-4 (the “Property”).

 

A.      100% of the residential units in the development shall be occupied by at least one person who is fifty-five (55) years of age or older.  Project documents shall be satisfactory to Town Counsel regarding compliance with this age restriction.

 

B.      Notwithstanding the agreement between the developer and M. Curtis Whittaker and Tommye L. Whittaker and Henry Burnham and Joan Burnham, the developer shall cease using so-called Cross Road or Town Farm Road (except for access by emergency vehicles) when the based coat of paving of the new main access road is installed or June 1, 2006, whichever occurs first.  That road will be constructed as part of the first phase of the development.  Cross Road or Town Farm Road shall then be gated at the edge of the clubhouse parking lot, as shown on the plans, and will be used only for emergency access.  The developer shall repair any damage to the road caused during the course of construction, patch any potholes and shall apply a new asphalt coat to Cross Road/Town Farm Road. 

 

C.      No street lights shall be installed on the new access road.  Street lighting on local roads in the development is permitted provided that hooded or shielded lights on the lowest light poles consistent with public safety and industry standards are utilized.  Exterior spot lights and flood lights are prohibited in the project.  Exterior lighting on buildings, including residences, shall be subdued.

 

D.      The project documents provided to prospective buyers in the development shall contain notice that the development abuts a private, operating airstrip.

 

E.       Utilities shall be underground from Route 13 through the development. 

 

F.       All open space in the development must be permanently dedicated as open space in documents to be approved by Town Counsel and recorded in the Merrimack County Registry of Deeds.  Town Counsel shall review the project documents to ensure that the open space restrictions in those documents comply with the Ordinance.  Open space in the development shall be accessible to members of the public for activities including walking, sledding, cross-country skiing and jogging/running; however, restrictions may be placed on access which would interfere with the maintenance and operation of the golf course.  Seasonal restrictions may also be placed on activities in the open space, based on the nature of the activities, to ensure open space land and resources are not adversely affected.   Notice of the seasonal restriction and the grounds for such restriction shall be provided to the Town of Dunbarton Board of Selectmen within two (2) weeks of the posting of such notice. 

 

G.      A 40.4 acre conservation easement shall be granted to the Town of Dunbarton or the Dunbarton Conservation Commission on open space at the southeasterly end of the development near the beaver pond to include the beaver pond as shown on the plan.  Signs designating the easement area shall be identified in the field with appropriate signage.   The applicant shall construct a parking area and access road to service the easement area.  The parking area and access road shall be maintained by the Homeowner’s Association. 

 

H.      A public parking area containing five (5) parking spaces shall be constructed by the applicant along the access road, as shown on the plan.  The Association shall maintain the parking area.

 

I.         Units and other structures and improvements that affect the views sheds to the west and south of the development shall be placed substantially in the same locations as shown on the plan. 

 

The Board discussed the above conditions and added all items which appear underlined above. 

 

MOTION:

 

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request from Watch Hill Development Group, LLC.  Representing Countryside Golf Club, Inc. located on Route 13 (Stark Highway South) for a Special Exception under Article 4, Table of Uses and Article 6 of the ordinance to permit a Planned Residential Development on Lots B3-2-1, B4-2-11, A4-1-15 and A3-1-4 (the Property) with the following conditions:

 

1.       100% of the residential units in the development shall be occupied by at least one person who is fifty-five (55) years of age or older.  Project documents shall be satisfactory to Town Counsel regarding compliance with this age restriction.

 

2.       Notwithstanding the agreement between the developer and M. Curtis Whittaker and Tommye L. Whittaker and Henry Burnham and Joan Burnham, the developer shall cease using so-called Cross Road or Town Farm Road (except for access by emergency vehicles) when the based coat of paving of the new main access road is installed or June 1, 2006, whichever occurs first.  That road will be constructed as part of the first phase of the development.  Cross Road or Town Farm Road shall then be gated at the edge of the clubhouse parking lot, as shown on the plans, and will be used only for emergency access.  The developer shall repair any damage to the road caused during the course of construction, patch any potholes and shall apply a new asphalt coat to Cross Road/Town Farm Road. 

 

3.       No street lights shall be installed on the new access road.  Street lighting on local roads in the development is permitted provided that hooded or shielded lights on the lowest light poles consistent with public safety and industry standards are utilized.  Exterior spot lights and flood lights are prohibited in the project.  Exterior lighting on buildings, including residences, shall be subdued.

 

4.       The project documents provided to prospective buyers in the development shall contain notice that the development abuts a private, operating airstrip.

 

5.       Utilities shall be underground from Route 13 through the development. 

 

6.       All open space in the development must be permanently dedicated as open space in documents to be approved by Town Counsel and recorded in the Merrimack County Registry of Deeds.  Town Counsel shall review the project documents to ensure that the open space restrictions in those documents comply with the Ordinance.  Open space in the development shall be accessible to members of the public for activities including walking, sledding, cross-country skiing and jogging/running; however, restrictions may be placed on access which would interfere with the maintenance and operation of the golf course.  Seasonal restrictions may also be placed on activities in the open space, based on the nature of the activities, to ensure open space land and resources are not adversely affected.   Notice of the seasonal restriction and the grounds for such restriction shall be provided to the Town of Dunbarton Board of Selectmen within two (2) weeks of the posting of such notice. 

 

7.       A 40.4 acre conservation easement shall be granted to the Town of Dunbarton or the Dunbarton Conservation Commission on open space at the southeasterly end of the development near the beaver pond to include the beaver pond as shown on the plan.  Signs designating the easement area shall be identified in the field with appropriate signage.  The applicant shall construct a parking area and access road to service the easement area.  The parking area and access road shall be maintained by the Homeowner’s Association. 

 

8.       Public parking area containing five (5) parking spaces shall be constructed by the applicant along the access road, as shown on the plan.  The Association shall maintain the parking area.

 

9.       Units and other structures and improvements that affect the views sheds to the west and south of the development shall be placed substantially in the same locations as shown on the plan. 

 

                Alison Vallieres seconded the motion.  The motion passed unanimously.

 

 

2.       A variance to Article 6, Section C(3) of the ordinance to permit eighty eight (88) dwelling units in a planned residential development on the Property, consisting of fifty two (52) single family units, six (6) two-unit buildings (for a total of twelve (12) dwelling units) and six (6) 4-unit buildings (for a total of twenty four (24) dwelling units) on 240.4 acres of “developable land area”, where the ordinance would require 368 acres of “developable land area”.

 

A.      All open space in the development must be permanently dedicated as open space in documents to be approved by Town Counsel and recorded in the Merrimack County Registry of Deeds.  Town Counsel shall review the project documents to ensure that the open space restrictions in those documents comply with the Ordinance.  Open space in the development shall be accessible to members of the public for activities including walking, sledding, cross-country skiing and jogging/running; however, reasonable restrictions may be place on access which would interfere with the maintenance and operation of the golf course.  Seasonal restrictions may also be placed on activities in the open space, based on the nature of the activities to ensure open space land and resources are not adversely affected.  Notice of the seasonal restriction and the ground for such restriction shall be provided to the Town of Dunbarton Board of Selectmen within two weeks of the posting of such notice. 

 

B.      A 40.4 acre conservation easement shall be granted to the Town of Dunbarton or the Dunbarton Conservation Commission on open space at the southeasterly end of the development near the beaver pond, to include the beaver pond, as shown on the plan.   The applicant shall construct a parking area and access road to service the easement area.  Open space in the development shall be accessible to members of the public; however, reasonable restrictions may be placed on access consistent with the terms and conditions of the conservation easement.    The parking area and access road shall be maintained by the Homeowner’s Association. 

 

C.      One hundred percent (100%) of the residential units in the development shall be occupied by at least one person who is fifty-five (55) years of age or older.  Project documents shall comply with this age restriction.

 

D.      Units and other structures and improvements that affect the view sheds to the west and south of the development shall be placed substantially in the same locations as shown on the plan.

 

E.       No further residential development can occur beyond 88 units.  This is a perpetual restriction. 

 

Gertrude Dulude stated that felt it could be less than the proposed 88 units and still make money.

 

John Trottier stated he still had a problem with the 88 units.

 

Alison Vallieres stated that the applicants could put 88 units in four unit buildings on the property and not even come to the Zoning Board by doing away with the Golf Course and any lands to be set aside for Conservation Easements.  She stated she serves on the Master Plan Committee, and there has been considerable discussions about offering developers incentives for setting aside lands for Conservation Easements and Open Space land through developing PRD’s.  This is exactly what this project is about.    There is a price to be paid for the Town receiving Conservation Lands and Open Space.

 

The Board discussed the above conditions and added all items which appear underlined above. 

 

MOTION:

 

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Variance to Article 6, Section C(3)  of the ordinance from Watch Hill Development Group, LLC, representing Countryside Golf Club, Inc. located on Route 13 (Stark Highway South) in the Low Density District in Dunbarton, NH to permit  eighty eight (88) dwelling units in a planned residential development on the Property, consisting of fifty two (52) single family units, six (6) two-unit buildings (for a total of twelve (12) dwelling units) and six (6) 4-unit buildings (for a total of twenty four (24) dwelling units) on 240.4 acres of “developable land area”, where the ordinance would require 368 acres of “developable land area” subject to the following conditions:

 

1.       All open space in the development must be permanently dedicated as open space in documents to be approved by Town Counsel and recorded in the Merrimack County Registry of Deeds.  Town Counsel shall review the project documents to ensure that the open space restrictions in those documents comply with the Ordinance.  Open space in the development shall be accessible to members of the public for activities including walking, sledding, cross-country skiing and jogging/running; however, reasonable restrictions may be place on access which would interfere with the maintenance and operation of the golf course.  Seasonal restrictions may also be placed on activities in the open space, based on the nature of the activities to ensure open space land and resources are not adversely affected.  Notice of the seasonal restriction and the ground for such restriction shall be provided to the Town of Dunbarton Board of Selectmen within two weeks of the posting of such notice. 

 

2.       A 40.4 acre conservation easement shall be granted to the Town of Dunbarton or the Dunbarton

      Conservation Commission on open space at the southeasterly end of the development near the

      beaver pond, to include the beaver pond, as shown on the plan.   The applicant shall construct a

      parking area and access road to service the easement area.  Open space in the development shall

      be accessible to members of the public; however, reasonable restrictions may be placed on access

      consistent with the terms and conditions of the conservation easement.    The parking area and

      access road shall be maintained by the Homeowner’s Association. 

 

3.       One hundred percent (100%) of the residential units in the development shall be occupied by at least one person who is fifty-five (55) years of age or older.  Project documents shall comply with this age restriction.

 

4.       Units and other structures and improvements that affect the view sheds to the west and south of the development shall be placed substantially in the same locations as shown on the plan.

 

5.       No further residential development can occur beyond 88 units.  This is a perpetual restriction. 

 

Alison Vallieres seconded the motion.  The motion passed by a majority vote as follows:

 

                Trottier – No

                Dulude – No

                Herlihy – Yes

                Vallieres – Yes

                DalPra - Yes

 

 

  1. A variance to Article 9, Section E(3) of the ordinance to permit no setback in two areas of the Property where the Ordinance would require one hundred (100) feet as a sideyard buffer setback for multi-family housing.

 

    1. It is understood that this Variance is granted to permit construction of the main access road, including any slopes and embankments necessary for the road, to minimize interference with the existing golf course and to minimize intrusions into the wetlands, as shown on the plan.

 

    1. The Variance is limited to those areas on the plan where an encroachment into the setback is shown.  Those areas consist of an encroachment for the construction of the entrance road at the intersection of the entrance road and Route 13, and an encroachment into the setback near the abutting property containing an airstrip.

 

    1. The applicant must obtain all permits and approvals, including wetlands approvals, and a New Hampshire Department of Transportation (NH DOT) permit, for the road construction. 

 

The Board discussed the above conditions and added all items which appear underlined above. 

 

Members of the Board indicated they felt the applicants had tried to stay away from the Wetlands, therefore the need for the Variance.  With regard to the Horne Property, Mr. Horne was keeping the trees to a minimum height himself so he could fly his ultralight safely. 

 

Gertrude Dulude stated they had tried to stay away from the wetlands but she can’t agree with the granting of the Variance.  Personally she stated she felt there was no hardship. 

 

MOTION:

 

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request  from Watch Hill Development Group, LLC. representing Countryside Golf Club, Inc. located on Route 13 (Stark Highway South) in the Low Density District in Dunbarton, NH for a Variance to Article 9, Section E(3) of the ordinance to permit no setback in two areas of the property where the Ordinance would require one hundred (10) feet as a sideyard buffer setback for multi-family housing with the following conditions:

 

1.       It is understood that this Variance is granted to permit construction of the main access road, including any slopes and embankments necessary for the road, to minimize interference with the existing golf course and to minimize intrusions into the wetlands, as shown on the plan.

 

2.       The Variance is limited to those areas on the plan where an encroachment into the setback is shown.  Those areas consist of an encroachment for the construction of the entrance road at the intersection of the entrance road and Route 13, and an encroachment into the setback near the abutting property containing an airstrip.

 

3.       The applicant must obtain all permits and approvals, including wetlands approvals, and a New Hampshire Department of Transportation (NH DOT) permit, for the road construction.

 

The motion was seconded by Alison Vallieres. 

 

An amendment was added to the motion as follows:

 

                Under Item 2,  that the Variance include the  entrance road at Route 13 and the portion of the roadway where it abuts the Horne Property. 

 

The amendment was seconded. 

 

The motion, including the amendment,  passed by a majority vote as follows:

 

                                Trottier – Yes

                                Herlihy – No

                                Dulude – No

                                Vallieres – Yes

                                DalPra – Yes

 

 

  1. An administrative appeal/determination under Article 6, Section D of the ordinance that the pre-existing golf course (including fairways, greens, tees and rough, but not the clubhouse, clubhouse parking and related buildings and structures appurtenant to the golf course) is a permitted form of open space in planned residential developments under the ordinance.

 

The Board discussed this appeal and noted that it had been previously established at a prior Zoning Board Meeting that the golf course including fairways, greens, tees and rough, had been determined to be a permitted form of open space in planned residential developments under the ordinance. 

 

MOTION:

 

John Herlihy made a motion that the Dunbarton Planning Board grant the Administrative Appeal/Determination Request from  Watch Hill Development Group, LLC, representing Countryside Golf Club, Inc. located on Route 13 (Stark Highway  South) in the Low Density District in Dunbarton, NH that under Article 6, Section D. of the ordinance that the pre-existing golf course (including fairways, greens, tees and rough, but not the clubhouse, clubhouse parking and related buildings and structures appurtenant to the golf course) is a permitted form of open space in planned residential developments under the ordinance.

 

The motion was seconded by John Trottier.  The motion passed unanimously.

 

 

  1. A special exception under Article 4, Table of Uses of the ordinance to maintain a pre-existing golf course clubhouse, pump house and clubhouse parking appurtenant to the golf course use as a commercial use on the Property, which Property also shall house a planned residential development.

 

    1. Renovations to the clubhouse facility shall not exceed the height of the present clubhouse by more than eight (8’) feet.  The footprint of the building shall not be expanded without review by the Zoning Board of Adjustment  for consistency with this Special Exception. 

 

B.      Except for a food service ara and lounge for users of the golf course and the owner’s association, and except for the golf course operations, including a pro shop, no commercial facilities are permitted in the development.

 

    1. Lighting for the clubhouse parking area shall be illuminated only with hooded or shielded lights on the lowest light poles consistent with public safety and industry standards.  The parking lot lighting shall only be illuminated when the clubhouse is in use.

 

    1. Any further buildings or building additions needed to support the golf course use shall need to undergo review by the Zoning Board for consistency with this Special Exception, in addition to any other reviews required by the Town of Dunbarton’s ordinances, rules and regulations. 

 

    1. The applicant must pay all outstanding fees before a building permit is issued.

 

F.  The project must undergo Site Plan Review by the Dunbarton Planning Board. 

 

The Board discussed the above conditions and added all items which appear underlined above.

 

MOTION:

 

John Trottier made a motion that the Dunbarton Zoning Board of Adjustment grant the request  for a Special Exception under Article 4, Table of Uses of the ordinance to maintain a pre-existing golf course clubhouse, pump house and clubhouse parking appurtenant to the golf course use as a commercial use on the Property, which Property also shall house a planned residential development subject to the following conditions: 

 

1.       Renovations to the clubhouse facility shall not exceed the height of the present clubhouse by more than eight (8’) feet.  The footprint of the building shall not be expanded without review by the Zoning Board of Adjustment  for consistency with this Special Exception. 

 

2.       Except for a food service ara and lounge for users of the golf course and the owner’s association, and except for the golf course operations, including a pro shop, no commercial facilities are permitted in the development.

 

3.       Lighting for the clubhouse parking area shall be illuminated only with hooded or shielded lights on the lowest light poles consistent with public safety and industry standards.  The parking lot lighting shall only be illuminated when the clubhouse is in use.

 

4.       Any further buildings or building additions needed to support the golf course use shall need to undergo review by the Zoning Board for consistency with this Special Exception, in addition to any other reviews required by the Town of Dunbarton’s ordinances, rules and regulations. 

 

Alison Vallieres seconded the motion. 

 

John Trottier made the following two conditions as an amendment to the above motion:

 

5.       The applicant must pay all outstanding fees before a building permit is issued.

 

6.       The project must undergo Site Plan Review by the Dunbarton Planning Board. 

 

John Herlihy seconded the amendment to the motion.  The amended motion passed unanimously.

 

 

8:30 P.M. – REQUEST FOR A VARIANCE TO ARTICLE IV. SECTION B. FROM MICHAEL & LISA ISABELLE ACTING ON BEHALF OF GIRARD & JEAN MEISNER (OWNERS) (H4-02-03) TO ALLOW THEM TO BUILD A SINGLE FAMILY HOME ON A LOT WITH NO FRONTAGE LOCATED OFF TENNEY HILL ROAD ON MEADOW ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

At this point in the meeting, Ron Slocum, Alternate, stated he would remain stepped down from the meeting because he was an abutter to the Isabelle request. 

 

At this point in the meeting, the Board determined that there was no representative for the Isabelle Request at the meeting, therefore the Request for a Variance was not heard. 

 

8:35 P. M. – REQUEST FOR A VARIANCE TO ARTICLE 4. SECTION B. OF THE DUNBARTON ZONING ORDINANCE FROM BETH AND LEONARD LEMARCA (J2-1- 1 & 2) TO ALLOW THEM TO RE-CONFIGURE TWO NON-CONFORMING LOTS MORE EQUALLY.   THESE LOTS ARE LOCATED ON 34 JEWETT ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH .   (ONE LOT CURRENTLY DOES NOT MEET THE REQUIRED 300 FEET OF FRONTAGE.  THE SECOND LOT DOES NOT MEET THE FRONTAGE REQUIREMENT OR THE AREA REQUIREMENT OF FIVE ACRES.  BY ADJUSTING THE LOT LINES, THE SMALLER LOT WILL EXCEED THE MINIMUM STANDARDS REQUIRED BY THE NH DEPARTMENT OF ENVIRONMENTAL SERVICES SUBSURFACE DIVISION.  BOTH LOTS WILL NOT MEET THE REQUIRED FRONTAGE OR AREA REQUIRED BY THE DUNBARTON LOW DENSITY DISTRICT)

 

At this point in the meeting, Ron Slocum, Alternate, came back to the Board. 

 

Jacques Belanger, Surveyor, and the applicants, Beth and Leonard LeMarca appeared before the Board with the request for a Variance to apply to the Dunbarton Planning Board for a Lot Line Adjustment for two non-conforming lots. 

 

Jacques Belanger, Surveyor, presented a map to the Board showing the location of the proposed Lot Line Adjustment.  It would be adding acreage to an existing one acre non-conforming lot. 

 

Jacques noted there were already two test pits noted on the plan which  had been dug on both lots for State Subdivision Approval.  He stated the frontages on both lots was not changing.  The land would be added to the rear of the one acre lot.  There will be no additional houses on either lot.  Density will remain the same as presently. 

 

Abutters were read as follows and noted that all had been notified by certified mail:

 

George H. Patterson – Not Present

Eric/Carol  Hemphill – Not Present

Stig/Priscilla Harding – Present.  Have no problem with the proposal.

Richard/Barbara Brown – Not Present

Kathleen Hoell Downes/Frances Hoell – Present.  Stated they were satisfied with what the applicants wanted to do.

Arthur Martel – Not Present

James/Diane Richter – Not Present

J. E. Belanger Land Surveying – Present (Representing the applicants)

 

The questions necessary for the granting of a Variance were answered as follows by Jacques Belanger:

 

a. No diminution in values of surrounding properties would be suffered;

 

Answer:  These are already two developed lots.  By adjusting the lot lines, they will become more equally valued.  The basic street line appearance will be no different than is existing.

 

b.Granting the variance would be of benefit to the public interest;

 

Answer:  The one lot is substantially smaller than the other, by adjusting the acreage, they will be more equal and better self contained, self sufficient lots.

 

c. Denial of the variance would result in unnecessary hardship to the owner seeking it;

 

Answer:  By adjusting the acreage, one lot will become larger and more conforming, but the second will become less conforming.  It should be noted that they will exceed the required acreage requirements for the State of New Hampshire, Department of Environmental Services.

 

d. Granting the variance would do substantial justice; and

 

Answer:  These are existing lots of record.  No new lots are created, just more room will be added to a small lot.

 

e.The use would not be contrary to the spirit of the Ordinance.

 

Answer:  Again, these are existing non-conforming lots.  No additional lots are being created and the density of the area is not being increased. 

 

MOTION:

 

John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Variance to Article 4. Section B. of the Dunbarton Zoning Ordinance from Beth and Leonard LeMarca (J2-1-1 & 2) to allow them to re-configure two non-conforming lots more equally.  These lots are located on 34 Jewett Road in the Low Density District in Dunbarton, NH.  (One lot currently does not meet the required 300 feet of frontage.  The second lot does not meet the frontage requirement or the area requirement of five acres.  By adjusting the lot lines, the smaller lot will exceed the minimum standards required by the NH Department of Environmental Services subsurface Division.  Both lots will not meet the required frontage or area required by the Dunbarton Low Density District). 

 

Alison Vallieres seconded the motion. 

 

At this point in the meeting, it was brought to the Board’s attention that the address in the Public Notice was 34 Jewett Road instead of 30 and 32 Jewett Road.  (34 Jewett Road is the Hoell’s residence.)

 

The Board reached a consensus that the Public Notice was flawed because of the incorrect address and the Public Hearing should be continued until the next meeting with the address correction made on the public notice. 

 

John Herlihy withdrew his motion with regard to the request for a Variance from Beth and Leonard LeMarca.

 

MOTION:

 

John Trottier made a motion that the Dunbarton Zoning Board of Adjustment continue the Public Hearing for the request for a Variance to Article 4. Section B. of the Dunbarton Zoning Ordinance from Beth and Leonard LeMarca (J2-1-1 & 2) to allow them to re-configure two non-conforming lots more equally.   John Herlihy seconded the motion.  The motion passed unanimously.

 

There being no further business, the meeting adjourned at 9:15 p.m.

                                                                                                                                Respectfully submitted,

 

 

                                                                                                                                Alison R. Vallieres, Secretary