Town of Barnstead Zoning Board of Adjustment

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ZONING BOARD OF ADJUSTMENT

TOWN OF BARNSTEAD

TOWN HALL

JULY 21, 2008 @ 7:00 P.M.

WORK SESSION

MINUTES

Zoning Board of Adjustment Minutes from 7/21/08

Approved as Written 8/18/08

ROLL CALL: Mark Sargent, chairman, Eileen Murley, vice-chair, George Cheney, David Brown, Richard Duane and Paula Vardaro, recording secretary

CALL TO ORDER: Mark Sargent, chairman called the meeting to order at 7:00 P.M.

RULES OF PROCEDURE: Mark Sargent asked for any questions, comments or deletions from the Board members.

Eileen Murley questioned under Applications – 2A-the 20 days versus 30 days that an application is due. The application states the Board will hear the case within the 30 days.

David Brown also stated that the RSA references 30 days.

The Board agreed to put in 30 days.

George Cheney questioned under Motion – A motion, duly seconded. He suggested it should read – A motion duly made and seconded……..

The Board agreed.

Eileen Murley questioned (d) under Application #2.

The Board discussed this.

Mark Sargent suggested deleting (d) under Application #2

The Board agreed.

A few grammatical errors were pointed out.

Under records #3 the words “by the recording secretary” were added after notes taken.

Under Standards of Conduct: The Board agreed to add “No discussion regarding a hearing, with exception to the agenda, hearing notice, minutes and decisions shall be conducted via e-mail. This would be considered a meeting. Also they agreed to add, “Communication with council couldn’t be shared via e-mail. This violates attorney client privilege”.

Under meetings - #1: It was suggested that “as necessary” was added to the end of the sentence. This way it wouldn’t be applied that the Board had to meet every month. The Board agreed.

ADJOURNMENT: Richard Duane made a motion to adjourn the meeting.

Eileen Murley seconded the motion.

Mark Sargent adjourned the meeting at 7:30 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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ZONING BOARD OF ADJUSTMENT

TOWN OF BARNSTEAD

TOWN HALL

JUNE 16, 2008 @ 7:00 P.M.

MINUTES

Zoning Board of Adjustment Minutes from 6/16/08

Approved as amended 8/18/08

CALL TO ORDER: Eileen Murley, vice-chair, called the meeting to order at 7:00 P.M.

ROLL CALL: Eileen Murley, vice-chair, David Brown, Richard Duane, Gordon Preston, selectmen’s rep., James Fougere, alternate sitting in for George Cheney, Paula Vardaro, recording secretary

Eileen Murley told the Board that seeing that the representative for the Carney case has not arrived they would postpone the hearing until later in the meeting. The Board unanimously agreed.

OLD BUSINESS: Paula Vardaro informed the Board, the Rules of Procedure haven’t been finalized. The suggestion was that a work session be held for next month if there are no cases on the agenda. Then at the following meeting, they can be voted on and adopted.

The Board agreed.

NEW BUSINESS: Eileen Murley read a letter from the Greniers. Their case was heard last month and they were granted a variance for their deck providing they could get the D.E.S. approval. They have decided to withdraw their application for the deck variance due to the shoreline protection act.

The Board discussed the letter regarding the Shoreline Protection Act.

Eileen Murley stated there has been conflicting information. If work begins before July 1st, then you are protected it’s grandfathered. Some say that the work has to be completed before July 1st. Others say that substantial work has to be completed before July 1st.

James Fougere also added he wasn’t sure about the new rules.

Eileen Murley thought there might have an outreach program to clarify a lot of issues.

James Fougere suggested that Arlene Allen from the D.E.S. be contacted.

The applicant’s representative is now present.

Eileen Murley explained the procedures the Board would follow.

The cases would be read and heard as separate cases, even though it’s the same applicant. The applicant is to make a presentation explaining the project and the variance you are requesting focusing on the 5 criteria.

Once the presentation is made questions will be asked by the Board.

We will then open a public hearing, where any of the abutters can ask questions and the Board can ask additional questions.

The public hearing will then be closed.

Additional questions will be taken from the Board members.

This process will occur twice, since there are two cases before the Board.

Eileen Murley then read CASE No. 0508-189 David and Carreen Carney, 398 Narrows Road, Map 32, Lot 11 are requesting a variance to Article 3, Section 3-3.01 to build a new modular home with a   side set back less than 15’ minimum required by the Town of Barnstead Zoning Ordinance.

Joe Serpa, from Serpa Construction representing David Carney, presented the case. He stated that the house was in real bad shape because of water damage when the pipes burst. The mold was growing everywhere and they also had termites. They do have a demo permit to demolish the existing house. The new house 27.5’ x 38’ will be a modular with a higher foundation. This house will have 2 bedrooms and a study and a new septic design. It is primarily a summer residence.

Eileen Murley asked about the height.

Joe Serpa answered 28’ at the highest point.

Eileen Murley asked about the existing house verses the new house.

Joe Serpa showed, on the map, the existing property, Narrows Road, the driveway, the well and the existing home. He added that the new home will be shorter than the old one, but they had to move it because of the well.  The existing home is 34’ and to the fire lane it will be 8’ to the side set back.

Gordon Preston questioned the septic.

Joe Serpa pointed it out on the map and the old well. The old well will be applied for as an abandoned well and filled in. He showed where the new well would be dug.

Eileen Murley pointed out that the new house would be smaller than the old home; and the new deck will be in the footprint of the old one.

Joe Serpa said the old one was 34’ from the shore, where as the new one will be 26’ from the shoreline.

Gordon Preston commented that traditionally people want decks, but with the new state regulations they have to be very careful. He asked if they had spoken to the shoreland people yet.

Joe Serpa said they had and they said the regulations were pushed to July 1st. They wanted to get to the house a lot sooner, but with the bad winter we had everything pushed back.

James Fougere asked if the state regulations and shoreland protection were looked into.

Joe Serpa said it has to be approved by the town first and they were waiting for the septic approval from the state.

James Fougere said - as long as you’re in the same footprint there shouldn’t be a problem.

Joe Serpa said it was actually a little smaller even though the deck is larger.

Richard Duane asked if they were opposed to the deck being brought back from the shoreline?

David Carney said it has been an ongoing project for a year and even though there is some discrepancy about the deck no one seems to know what to do with it. We would really like to have the large deck because of the view.

Gordon Preston said the house has been wreaked from the mold.

Joe Serpa said the whole house has been gutted. The house isn’t safe.

David Brown questioned if they really needed a variance for the side set back because the old house is 2’ and the new house will be 8’ away.

Gordon Preston said he would rather have a paper trail showing the approval of a variance.

Richard Duane asked about stairs.

Joe Serpa showed no stairs, the entrance would be around the side.

Eileen Murley asked the applicant to go through the 5 criteria.

Joe Serpa read the 5 criteria. He pointed out that the new house would be up to code with all new wiring, and insulation, as well as new vegetation being planted.

Eileen Murley asked the Board if they had any further questions.

Eileen Murley opened the public hearing at 7:33 P.M.

No comments were given.

Eileen Murley closed the public hearing at 7:34 P.M.

Gordon Preston made a motion to grant the variance for CASE No. 0508-190 the side set back.

David Brown seconded the motion.

The Board voted unanimously to grant the variance for the side set back.

Eileen Murley told the applicant they would be receiving notification of their decision with in 5-days, and to keep in mind that any one could appeal this decision within the 30-day appeal period.

Eileen Murley read CASE No. 0508-190: David and Carreen Carney, 398 Narrows Road, Map 32, Lot 11 are requesting a variance to Article 4, Section 4-2.07 to add a deck to the modular home with a shoreline setback less than 50’ minimum required by the Town of Barnstead Zoning Ordinance.

Eileen Murley asked if the applicant had any additional information for this variance.

Joe Serpa explained about the well, septic and the house being more efficient and a lot safer for the family

Richard Duane said the Board wants to consider the deck and the 50’ set back at this time.

Gordon Preston added that we’re at a loss interpreting the new laws.

David Brown suggested a conditional 10’ deck, but wasn’t sure how they could do it.

Gordon Preston said if they replace an existing deck there should be no objection.

James Fougere added they couldn’t assume anything.

Gordon Preston agreed they couldn’t assume anything.

Joe Serpa said he was under the assumption that if he received approval of the set back before July 1st, then they would be ok.

David Brown questioned if the applicant should be requesting a variance for the existing house, which is not in compliance with the 50’ set back, as well as the deck, which is also not in compliance.

Eileen Murley said the old house is 34’ feet from the shoreline.

Gordon Preston asked about the permit from the D.E.S.

Joe Serpa said after July 1st, they would have to apply, but before July 1st, they would be grandfathered in.

James Fougere believed they had to have substantial progress on the project.

Eileen Murley said they should understand clearly the Board is acting on the variance under the Barnstead Zoning Ordinance and they may or may not need to meet some additional requirements under the Shoreland Protection Act that applies to the project.

Richard Duane agreed, but thought that the demo permit should be considered substantial progress.

Eileen Murley said let the minutes reflect that if the decision is made in error we are not making this house more non-conforming. She asked why the applicant could not replace the deck with the exact dimensions of the old deck.

Joe Serpa stated that they had a beautiful view and would like the kids to be able to play out on the deck and that’s the size his client would like to have.

Eileen Murley stated that as a Board member they struggle with the idea of not approving a variance if there’s some other way to make this deck not more non-conforming.

Richard Duane said they could request to limit it to 10 feet.

James Fougere said in the past it has been their practice to allowed 8’ decks only, knowing that when you live on the water you do want to enjoy the view.

Gordon Preston said the state might agree to let you replace a demoed deck.

David Carney told the Board that the original deck was designed to be larger. He felt the size of the deck is the hardship.

Eileen Murley noted the Board seems to be struggling with the size of the proposed deck.

David Brown asked how wide the old deck was.

Joe Serpa said 8 or 9 feet.

Eileen Murley continued with procedure and asked Joe Serpa if the 5 criteria were the same for the deck or did he want to add anything.

Joe Serpa said there were no changes.

Richard Duane asked to see the map again and just where the deck was.

Joe Serpa showed the Board where the old deck was and just where the new one was proposed. The new deck was going to be double the width of the old one. He also pointed out that it was an “L” shaped deck around the corner of the house.

Richard Duane asked if there is another way of doing this deck.

Joe Serpa said he would have to look at it again; maybe they could make it bigger around the jog.

Gordon Preston stated then from the shoreline the distance stays the same.

Eileen Murley asked about the sun porch and deck on the old house. What will replace this sun porch?

Joe Serpa said the deck would replace the sun porch. He said the existing structure does not get closer to the shoreline.

Gordon Preston stated that this does not exceed the existing footprint.

Eileen Murley opened the public hearing at 8:03 P.M.

No comments were given

Eileen Murley closed the public hearing at 8:04 P.M.

Gordon Preston stated we’re clear on this.

James Fougere stated that the deck should be 8’ if we give them a 15’ deck; any future applicants have the right to complain if we don’t grant then a 15’ also.

Gordon Preston said it is a 15’ deck only because it is replacing the old sun porch and deck.

Richard Duane said if we do approve this he would like it to be conditionally with the D.E.S. approval.

David Brown agreed we don’t have any authority to approve for the D.E.S.

Eileen Murley stated no we don’t, but we can clarify our approval was given with the assumption they would receive all proper waivers and permits from the D.E.S.

Gordon Preston made a motion t o approve the replacement of the deck subject to D.E.S. authorizing and meeting their Shoreland Protection Act.

Richard Duane seconded the motion, but was looking for better wording. He continued, what if they don’t get or need the D.E.S. approval.

Eileen Murley added that conditions should be added because she wasn’t sure about the project starting before July 1st and ending after July 1st, is totally grandfathered in. Some portions of the project might be affected under the Shoreland Protection Act.  She continued this issue is unclear. So it would make more sense to place some provision on the approval to meet all the requirements and approval from the D.E.S. Shoreland Protection Act that applied to their project.

Richard Duane agreed with Eileen Murley’s statement.

Gordon Preston reworded the motion to state: motion to erect a new deck within the footprint of the existing structure subject to terms and provisions to the Shoreland Protection Act approval. 

Richard Duane seconded the motion.

A roll call vote was taken as follows:

James Fougere                 no                     Richard Duane               yes

David Brown                    yes                   Gordon Preston              yes

Passed with a 3-1 vote.

Eileen Murley told the applicant they would be receiving notification of their decision with in 5-days, and to keep in mind that any one could appeal this decision within the 30-day appeal period.

MINUTES FROM 4/21/08 & 5/19/08: 4/21/08 minutes – Paula Vardaro, recording secretary, reviewed previous notes and tapes and the word restitution was changed to resolvement. Gordon Preston made a motion to approve the minutes as amended.

James Fougere seconded the motion.

A roll call vote was taken as follows:

James Fougere                 yes                    Richard Duane    yes

Gordon Preston               yes

The Board voted unanimously to approve the minutes as amended.

5/19/08 minutes – David Brown made a motion to approve the minutes as written.

James Fougere seconded the motion.

The Board voted unanimously to approve the minutes as written.

ADJOURNMENT: Gordon Preston made a motion to adjourn the meeting.

James Fougere seconded the motion.

Eileen Murley adjourned the meeting at 8:15 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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ZONING BOARD OF ADJUSTMENT

TOWN OF BARNSTEAD

TOWN HALL

MAY 19, 2008 @ 7:00 P.M.

MINUTES

Zoning Board of Adjustment Minutes from 5/19/08 Meeting

Approved as Written 6/16/08

CALL TO ORDER: Mark Sargent, chairman, called the meeting to order at 7:00 P.M.

ROLL CALL: Mark Sargent, chairman, James Fougere, alternate sitting in for Eileen Murley, David Brown, Richard Duane, Gordon Preston, selectmen’s rep. and Paula Vardaro, recording secretary

ELECTION OF OFFICERS: James Fougere nominated Mark Sargent as chairman.

David Brown seconded the nomination. The Board voted unanimously.

Mark Sargent accepted the nomination.

David Brown nominated Eileen Murley for vice-chairman.

James Fougere seconded the nomination. The Board voted unanimously.

Mark Sargent accepted the nomination on Eileen Murley’s behalf having a conversation with her earlier.

Mark Sargent read: CASE No. 0308-187 Continuation: Scott and Jessica Morton, 221 Parade Road, Map 2, Lot 61-2 are requesting a variance to Article 4, Section 4-2.05 to build a detached garage with a side setback less than the 30’ minimum required by the Town of Barnstead Zoning Ordinance.

Mark Sargent said the site walk with Board members was done on Monday May 12th.

Gordon Preston asked Scott Morton if he could shift the garage 6’ to the right. After seeing the sight – it seemed possible – then they wouldn’t have to obtain a variance.

Rick Duane agreed with Gordon Preston to move the garage to the right. There seemed to be plenty of room to move it, there was other options available.

James Fougere and Mark Sargent also agreed to move the garage to the right.

Scott Morton said the side setback was further away than he originally thought. The side setback was now 2’ at one end and 6’ on the other end, and can be moved over to the right.

David Brown asked Scott Morton if he wanted to withdraw his application.

Scott Morton replied yes, he thought that was best and he would move the garage to the right.

Mark Sargent asked Scott Morton to send a letter stating he will be withdrawing his application.

Mark Sargent Read: CASE No. 0408-188: Ronald and Stella Grenier, 15 Belmont Drive, Map 44, Lot 26A are requesting a variance to Article 4, Section 4-2.06 in the Town of Barnstead Zoning Ordinance. The applicant proposes to construct a 10’ x 24’ deck to their home, which will not meet the minimum 50’ setback from the high water mark as required in the Zoning Ordinance.

Mark Sargent told the Board he might have a conflict of interest. His company does all the surveying for Pennichuck Water. They are surveying this particular property right now. The Grenier’s were asked if they had a problem with Mark Sargent sitting on the Board. Their reply was no, not at all. The Board said they didn’t think it would present a problem.

Ronald Grenier introduced himself and his wife Stella. He said that they had a permit to build an addition and said they had to take off the old deck to put on the addition, but needed a variance to put the deck back on. 

Mark Sargent asked him to review the 5 criteria.

The hardship was – there was no place else to put the deck.

Gordon Preston asked if the builder told him the addition was to close to the waterline and the shoreline protection act?

Ronald Grenier said he was the builder.

Mark Sargent opened the public hearing at 7:16 P.M.

No comments were given

Mark Sargent closed the public hearing at 7:17 P.M.

James Fougere said it was reasonable to ask for a deck overlooking the water. We have had a policy to allow the deck to be 8’ wide.

Mark Sargent asked if stairs were coming off the side.

Ronald Grenier said yes they would be.

Gordon Preston said if we’ve granted an 8’ deck in the past – then we can’t discriminate against this applicant.

David Brown asked Ronald Grenier if he would mind amending his application to ask for an 8’ deck.

Ronald Grenier said he had no problem with that. He could make the deck 24’ x 8’ with stairs on the side.

Mark Sargent asked if they had received a waiver from the State.

Ronald Grenier said no they have not, but have applied for one.

Mark Sargent said that waiver is needed for the shoreline protection.

Gordon Preston made a motion to amend the application to an 8’ x 24’ deck with stairs on the side back into the driveway subject to the State shoreline waiver.

David Brown seconded the motion.

The Board voted unanimously to approve, subject to receiving the State shoreline waiver.

Mark Sargent told the Grenier’s that as soon as they received the State waiver, the Board could distribute their discussion. After that, they have a 30-day period in which anyone can appeal the decision.

MINUTES FROM 4/21/08 & 5/12/08: Minutes from 4/21/08 – Mark Sargent said on page 3 first paragraph ………..long-standing issue and he wanted “restitution”. He thought it should be changed to “resolvement”. Mark Sargent asked Paula Vardaro to go over the previous notes and tapes. The minutes will be voted on at the next meeting.

Minutes from 5/12/08 – site walk. Richard Duane made a motion to approve the minutes as written.

Gordon Preston seconded the motion.

The Board voted unanimously to approve the minutes as written.

ADJOURNMENT: The meeting was adjourned at 7:35 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary