TOWN OF SUTTON
ZONING BOARD OF ADJUSTMENT
Meeting Minutes
July 25, 2007
The meeting was called to order at 7:15 by Bill Hallahan, Chair. Members present were Dane Headley, Derek Lick, and Janet Haines.
Members not in attendance Doug Sweet, Ed Canane and Kevin Carr (arrived 7:33).
Also present: Aristotile Souliotis, Mark O’Halloran, Cynthia Best, Deborah McGlew-Freeman recording secretary and other interested parties.
Seeing four board members present Chair Hallahan offered the applicant the option of being heard with four members knowing 3 votes would be required to grant a variance, or postpone to the next meeting. Mark O’Halloran, representing the Souliotis’s opted to be heard this evening.
Public Hearing: Aristotile Souliotis, variance to Article XVI D-1 Case#: 08-07
Map 10 Lot 223,022 on Hominy Pot Road, Sutton, NH in the rural-agricultural district
Purpose: Request a 15’ variance from the wetlands setback from the back of the house to a wetland on a non-conforming lot of record.
Ms. Freeman read the notice.
Chair opened the public hearing.
Chair Hallahan read the ordinance Article XVI D-1 Wetlands Overlay District, Table D-1, for a new home with a wetlands 10,000 sq ft or less, for a new house is 50’. Chair stated this is a newly effective ordinance to provide a protective buffer. The boards’ responsibility it to adhere to it as closely as reasonableness allows. The proposed home is a modular. The distance to center of Hominy Pot Road is indicated on the plan as 84’, zoning ordinance calls for 75’ – there appears to be 9’ in front that can be used to reduce the proposed variance. Is it possible to move the house? Mr. O’Halloran responded the septic tank is located in front of the house. The house was positioned in the best possible location with to respect the natural
characteristics of the land, soil conditions, and to provide the appropriate setbacks to accommodate the well, septic and leach field.
Mr. Souliotis pointed out there are two town culverts feeding onto the property creating the wetland that they are requesting the variance for. One of the characteristics that make this a very tight fit is a Public Service of N.H. right of way that cuts through the property. The owner did request relief from Public Service considering the easement is not being used; PSNH refused to give it up.
Mr. O’Halloran did a site walk with Paul Parker, Public Works Director and Mr. Parker marked trees that he would like removed for site distance and ease of road maintenance. The owners are glad to work with the Town. Mr. O’Halloran further stated his company does quality work, not forcing the land; the septic is approved and over-designed; future garage is shown on the footprint, though will not be built right away.
Board examined the proposal to determine if the proposed site is the only way they can fit a home on this property.
Kevin Carr arrived 7:33 p.m.
In reference to the 84’ setback from the center line of Hominy Pot Road, Mr. O’Halloran responded that they received different responses to the question of whether the road was a 3 or 4 rod road, so the opted to use the worse case and sited the house for a 4 rod road.
Seeing no abutters or public wishing to speak for or against the proposal; Ms. Haines made a MOTION to close the public hearing; second by Mr. Lick, passed unanimously (5:0).
Board deliberated to discuss and complete the variance worksheet. Board felt the requested variance does not in a marked degree, conflict with the ordinance; the builder and owner have shown good faith to comply with the proposal to move the house as close to the road as possible; this request is not contrary to public interest; the Public Service of NH (PSNH) easement make this a difficult property to build on; they attempted to obtain relief of the easement from PSNH; wetlands exist on both ends of the property forcing the builder to juxtaposition the house; given the unique characteristics of this lot, they have exhausted all options; substantial justice would be done to grant the applicant relief from the 50’ ordinance.
Chair closed the deliberations, unanimously approved (5:0).
Mr. Hallahan made a MOTION to approve this application for a variance concluding all of the questions for an area variance were met satisfactorily. Approval includes the following conditions: The builder will make every effort to relocate the house as close as possible to the 75’ center line of Hominy Pot Road. The board understands Hominy Pot Road to be a 3 rod road with a center line setback of 75’. The approval incorporates all wetland good management practices. This approval includes the proposed future garage. Home construction to be completed within one year of this approval.
Motion second by Mr. Lick; motion unanimously approved (5:0).
Public Hearing: Cynthia Best, Little Bear Pottery for an In-Home Business Case #09-07
Map 9 Lot 296,082 on 204 Baker Road, North Sutton, NH in the rural-agricultural district
Purpose: To operate an in home pottery business.
Mr. Lick read from the ordinance, Articles V and IV opening up discussion as to whether Ms. Best needed to make an application to the board for a home occupation that is permitted in the rural-agricultural district and (Article IV 3.a. “incidental and secondary to the use of the premises for residential purposes and does not involve modification of such dwelling so as to alter its outward appearance.” Upon inquiry, Ms. Best stated she would like to modify one of the garage doors to be a regular door for ease of heating the area. Due to a proposed modification of the garage, an application is appropriate.
In her application letter Ms. Best provided information relative to: hours of operation (Mon, Wed & Fri 2 hrs mid morning), parking (six spaces available), number of employees (herself), proposed signage (11”x18” wooden sign), exterior lighting (only as normal and expected for home safety), increase traffic, plans for expansion (none), any waste products (none).
Mr. Hallahan made a MOTION to approve Ms. Best’s special exception for an in-home business; second by Mr. Lick and unanimously approved (5:0).
Approve Minutes of July 11, 2007 meeting
Mr. Hallahan pointed out that the Blaisdell Lake Protective Association was gifted one piece of property, not three. Ms. Freeman will make the correction. Ms. Haines made a MOTION to accept the minutes of the July 11, 2007 meeting as corrected. Second by Mr. Lick and unanimously approved (5:0).
Adjourn
Ms. Haines made a MOTION to adjourn, second by Mr. Carr, unanimously approved (5:0). Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Deborah McGlew-Freeman
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