Town of Sutton
Zoning Board of Adjustment
PO Box 487
Sutton Mills, NH 03260
Hearing Minutes July 28 2004 
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The Town of Sutton Zoning Board of Adjustment met at the Pillsbury Memorial Hall, Main Street, Sutton Mills on Wednesday July 28, 2004 at 7:30 pm. The meeting was held to conduct the hearing for Case 04-07 David and Kathy Burnham
The assistant took roll call - members present were Bill Hallahan, Dane Headley, Doug Sweet, Ed Canane and Tom Brooks
The assistant read the information on ZBA Hearing Case # 04-07
Tax Map # 06 Lot # 208,196 Book # 1875 Page # 458
The applicants, David Burnham and Kathy Kallman Burnham request a variance to the terms of Article V, Section D-1 in order construct a 23’ x 26’ addition to a garage on property located at 1063 Rte 114, Sutton, NH, to house antique autos and be in full compliance with the State Best Management Practices for back yard Mechanics and Hobbyists, less than the required 75 feet set back from a wet land in a Rural Agricultural Zone in the Town of Sutton.
The notice was posted at the Town Hall, in the Intertown Record Newspaper, North and South Sutton Post Offices, and the Bradford Post Office. There were no correspondences received in the mail. The applicant has 3 letters, which we will read later.
Bill Hallahan asked if all fees were paid, and they were.
Bill Hallahan advised the applicant that the board would listen to his comments, then deliberate, then take a vote on whether to grant the variance or not. There are 5 board members and the vote would have to have a majority to grant.
Bill read the ordinance. The problem is not the set back from the road but from the stream at the back side of the house.
Dave Burnham pointed out the drawing of the garage on the plans that were provided with the application. He stated that he will go with the same roof line and 2 ft drip edge overhang.
Bill noted that there is a double garage door side by side and there is a window. He asked Dave to explain the double decker car storage. He explained the best use of space by using a ramp and a hoist. You hoist the one car up and drive the other underneath it.
Bill asked about the floor. Dave explained that it would be of cement and keep it recessed so that even if a 15 gallon tank of gas were to spill it could handle it. He plans to use epoxy paint to further protect anything from leaking. He also wants to hang some sort of drop cloth when sand blasting to contain the debris. Dave was showing a cross section of the garage on the map to Bill how it he will have a 4 ft ramp way where it sinks down.
Doug Sweet came up with his spillage amount would be up to 400 gallons.
Dave admitted he may have calculated wrong!
Bill asked who will do the building. Dave advised he will have someone else do the concrete as he doesn’t feel qualified but will do the other work himself.
Doug asked if he would be cutting any trees.
Bill says looks like 5 or 6 and he was going to ask Public Service if the telephone pole could also be moved, but it doesn’t have to be done.
Doug said there is good vegetation before the stream.
Dave said there is only one small patch beat down by the dog. He tries to keep it undisturbed
Dave said he is thinking of cutting some of the trees as he is getting mildewing.
Dave discussed silting problem with a corner of the stream that has not rocks around it.
Doug and Bill not sure if he should do anything about the stream problem.
Bill looked at the property it almost 6 acres. He added the deck that we approved
The questions was asked about how many cars will still be outside if the garage addition is built as he noticed cars there when he was there.
Dave said there are 4 vehicles out there now including his daily driver. One is out back.
One car is a parts car and goes away when the winter driver car is rebuilt. Two cars go into the new garage. Daily driver goes inside on the right.
Kathy Burnham advised they have just planted 16 shrubs as a buffer to cover up.
Bill said if they can address the cars in the yard that would be good.
Dave said he thought about a fence but didn’t want to make it seem like he was hiding something
The assistant then read the 3 abutter letters in favor of granting the variance.
Bill made a motion to close discussion and go over the Worksheet. Tom Brooks seconded.
Bill read the Variance
1. The variance will not be contrary to the public interest.
All members agreed that it is not contrary. There were letters from the abutters to support the project.
2. The variance is consistent with the spirit of the ordinance
All members agreed that this will compliment the existing structure and the applicant is to take steps to improve runoff.
3. Substantial justice will be done by granting the variance.
Maximize usage of the property for his hobby
4. The variance will not diminish the value of surrounding properties
All members agreed that it will enhance the value. There was no testimony to the contrary.
5. Denial of the variance would result in unnecessary hardship to the owner
seeking it. (The owner must prove the following to establish unnecessary hardship)
1. The zoning restriction as applied to the applicant’s property interferes with the applicant’s reasonable use of the property, considering the unique setting of the property in its environment.
It was agreed that the land has limited use and restriction of the location of the garage.
2. No fair and substantial relationship exists between the general purposes of the zoning ordinance and the specific restrictions on the property
It was agreed that the stream will be protected
3. The variance would not injure the public or private rights of others.
It was agreed that it would not.
Bill made a motion to return to the hearing, Tom seconded
Discussion was heard about the disturbance of the soil during the construction process. What will Dave do to protect the area?
Dave advised that crushed stone and silt fence will be used.
Bill asked if he could put the stone around all of the existing house and the proposed addition.
Dave agreed.
Bill asked if there were any more questions, hearing none.
Dane Headley made a motion to Grant the Burnham’s request for a variance with 2 conditions.
1. Crushed stone will be added under the drip edges and around the existing and proposed buildings to cat the runoff and stabilize any disturbed soil.
2. A silt fence will also be utilized to protect runoff from the construction site.
Roll was taken and the variance was granted unanimously.
Bill thanked the applicant for coming in and that they can go back to the town for a building permit.
Doug advised that there is a 30 day waiting period in which time the decision could be appealed and suggested that he wait to start the construction. The hearing was adjourned.
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