MINUTES
OF MEETING OF
DUNBARTON
ZONING BOARD OF ADJUSTMENT
MONDAY, APRIL 11, 2005
7:00
P.M. – TOWN OFFICES
The regular 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
Ron Slocum
Dan DalPra, Alternate
Leo Martel, Alternate
David Nault was absent
At this point in the
meeting, Chairman John Trottier noted that Ron Slocum, Alternate, had been
moved up to a full-time member as replacement for Gertrude Dulude.
Election of Officers:
Chairman – A motion was made,
seconded and passed unanimously, that John Trottier be elected Chairman of the
Dunbarton Zoning Board of Adjustment for the year 2005 ending in April 2006.
Vice-Chairman – A
motion was made, seconded and passed unanimously, that John Herlihy be elected Vice Chairman of the
Dunbarton Zoning Board of Adjustment for the year 2005 ending in April 2006.
Secretary – A motion was made,
seconded and passed unanimously, that Alison Vallieres be elected Secretary of the
Dunbarton Zoning Board of Adjustment for the year 2005 ending in April 2006.
John Trottier, Chairman,
verified with the Secretary that the meeting notice had been posted in three
public places throughout the Town and published in the Concord Monitor for one
day. In addition, the public notice was
on the Dunbarton Web Page.
At
this point in the meeting, John Trottier made the following statement:
“In accordance with the Town of Dunbarton’s Code of
Ethics, as Adopted on March 13, 2001 Section I, C. – Duty to Disclose, I would
like to publicly and for the record state that my wife Deborah, is currently
employed by J. E. Belanger Land Surveying (Jacques Belanger) as the office
manager.
As a member of the Town of Dunbarton ZBA, I feel
that I can give the Applicant fair and equal treatment as it relates to this
evening’s request for a Variance.
Additionally, I feel I am not prejudiced to any degree regarding the
pending matter, and I believe I can be totally fair and impartial.”
There
was no objection from members of the Board or the applicant, Thomas
Ouelett.
John Herlihy made a motion
that the Dunbarton Zoning Board of Adjustment approve the minutes as written of
the Monday, February 14, 2005 Dunbarton Zoning Board of Adjustment. The motion was seconded by John Trottier. The motion passed by a majority vote with
Leo Martel abstaining.
7:00 P.M. – THOMAS A. OUELLET (E5-01-013) REQUEST FOR A VARIANCE TO ARTICLE IV, SECTION B. OF THE DUNBARTON ZONING ORDINANCE TO ALLOW HIM TO CONSTRUCT A GARAGE WITH A ROOM ABOVE CLOSER THAN THE REQUIRED 50 FOOT SETBACK TO THE WEST SIDE OF THE PROPERTY LINE AT HIS PROPERTY LOCATED AT 173 ROBERT ROGERS ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH.
Thomas
Ouellet appeared before the Board with a Certified Plot Plan. (attached)
He stated he wanted to build a garage on an existing foundation but that
it would be slightly larger than the foundation. It would be closer than the 50 feet requirement to the
boundary. The garage foundation is 22’
x 22’ and the proposed new garage would be
26’ x 32’. He stated the house
had been built in 1987. He stated that
in order to put a room on the second floor of the garage, he needed it to be
larger to accommodate the stairs. He
stated it would be 39.2’ from the westerly boundary.
John
Herlihy asked how many acres he had.
Mr.
Ouellet stated he had 8 acres of land.
At this point in the meeting, the Dunbarton Zoning Board determined that the existing house, garage and leach field were closer than 50 feet to the boundary. Based on this information, it was determined that Mr. Ouellet would need an Equitable Waiver for these violations in addition to the Variance. Mr. Ouellet was instructed to apply for an Equitable Waiver in addition to the Variance. The Board will hear the Variance Request at the same time as the Request for the Equitable Waiver.
Ron
Slocum asked what the nature of the room upstairs would be. Would it be a single room?
Mr.
Ouellet stated it was to be a Recreation Room.
There would be no bathroom or bedroom.
The
Dunbarton Zoning Board noted if approved, they would make the stipulations that
there would be no bedroom, bathroom or
kitchen facilities, etc. It will only
be a Recreation Room.
Mr.
Ouellet stated he had no intention of having an apartment, etc. up over the
garage.
The
Zoning Board informed Mr. Ouellet that he needs a certified plot plan showing
the exact plan for the 26’ x 32’ garage and exactly how far away it will be
from the boundary line.
The
abutters list was read as follows and noted that all had been notified by
Certified Mail:
Anthony
Pivero, Jr. – Not Present
Hugh
and Jeanne Sherman – Not Present
David
and Darcy Schroeder – Present. Stated
he was okay with the request. Asked if
Jacques Belanger is putting any markers where the boundaries are. It would be good to see where the lines
are.
John
Trottier stated he would have to ask Jacques Belanger but he would doubt
it.
Mr.
Schroeder asked if he had any plans to put something on his property on the
east side, would this affect his use of his property.
The
Board noted that only if the addition to the Schroeder property was closer than
the 50 foot setback. Otherwise, he
would just go to the Building Inspector and get a permit.
Scott
and Nicole Spaulding – Not Present
R.
Sterling Eames/Laura Henry Eames – Not Present.
At
this point in the meeting, David Schroeder stated that he was now the owner of
the Eames Property.
At
this point, Ron Slocum asked the Board if there was any other information we
would need on the plan, such as abutters’ wells, septic systems, etc.
John
Trottier stated he felt fairly comfortable with the plan with the exception of
having the Ouelett buildings and leachfield shown exactly for the Equitable
Waiver Request.
Wayne
Bracy stated that the property had been built in 1987. How did this get built too close to the
setbacks at that time?
Mr.
Ouelett stated that Steve Langley had built the house. The Building Inspector at that time was
Michael Chicoine.
There
were no other concerns from members of the public.
Mr.
Ouelett was instructed to submit an application for an Equitable Waiver in
addition to the existing request for a Variance for the proposed Garage.
MOTION:
Dan DalPra made a motion that
the Dunbarton Zoning Board of Adjustment continue the public hearing for the
Thomas Ouelett Request for a Variance to Article IV, Section B. until the next
regularly scheduled meeting in May.
John Herlihy seconded the motion.
The motion passed unanimously.
OTHER BUSINESS:
John
Trottier passed out copies of a letter from Asbury/Fleming regarding the Doucet
Request for a Special Exception.
(attached)
Ron
Slocum expressed concern about the Guy Doucet Request and the fact that it has
been postponed for two months. The
Board should not allow this to continue indefinitely. John Trottier will check to see if the Zoning Board can write a
letter to determine when the information from Guy Doucet will be ready and when
it can be on the Zoning Board agenda.
There
being no further business, the meeting adjourned at 8:00 p.m.
Respectfully
submitted,
Alison
R. Vallieres
Secretary