UNAPPROVED
Town of Sutton
Zoning Board of Adjustment
Meeting Minutes
January 18, 2012
Present: William Hallahan; Chair, Carla Krajewski, Doug Sweet, Derek Lick and Ed Canane. Land Use Coordinator Jennifer Swett. (Dane Headley was absent.)
Chair Hallahan called the meeting to order at 7:00 p.m. There was roll call. Hallahan appointed Krajewski to sit for Headley.
Public Hearing: Lambert/Scarlett:
This is case # 2012-01
Nathaniel Lambert, Neil Scarlett and Heidi Scarlett were present.
A motion was made by Hallahan and seconded by Canane to open the public hearing. Unanimously approved.
The notice was read by Swett:
You are hereby notified of a Public Hearing to be held on January 18, 2012 at or around 7:00 p.m. at the Pillsbury Memorial Town Hall, 93 Main Street, Sutton Mills, NH, concerning an appeal by Nate Lambert, for Kevin and Heidi Scarlett, for a Variance to Article V, Section C.4, for the road setback, to build a porch; in a rural agricultural district, 58 Rowell Hill Road. Tax Map/Lot # 09-975,471.
Nate Lambert presented. He stated the request was for a simple farmer’s porch on the side of the house, with six piers and pressure treated decking. He stated although not present, his neighbor Kevin, an abutter, was in favor of the variance.
Hallahan stated he had viewed the site and that the work had already started. Lambert apologized for this and explained he works in Towns where he normally doesn’t need to pull a permit. He added he has been in touch with the Town regarding this.
Hallahan stated the house was built in1971 before there was a zoning ordinance, which came into effect in 1973. (It is therefore a non-conforming dwelling under Article III.g.2.a) He added the porch isn’t any closer to the road than the house. The house is 65’ from the centerline of the road. The required setback is 75’. The request is for a 10’ variance.
Sweet confirmed it was a 3 rod road, as per the report of Gerhardt & Gerhardt, and that this was an official document.
Swett read the letter from Fire Chief Chris Rowe, dated January 18, 2012, which stated the Fire Department would not have any reason to deny the variance request.
A motion was made by Hallahan and seconded by Krajewski to close the public hearing. Unanimously approved.
The Board filled out the worksheets.
- 1 and 2: The spirit will be observed and it will not be contrary to public interest. It will not encroach on the road setback any more than the dwelling, being the same 65’ from the centerline of the road.
- 3: Substantial justice is done.
- 4: The values are not diminished.
- 5: The proposed use is a reasonable one.
Lick stated the non-conformity is increased, but that the same distance from the road is conserved. He added it is not reasonable to expect a 10’ jog in the porch to accommodate the road setback requirement of 75’.
A motion was made by Lick and seconded by Sweet to approve the application. Unanimously approved.
Public Hearing: Rules of Procedure:
A motion was made by Hallahan and seconded by Canane to open the public hearing. Unanimously approved.
The Notice:
You are hereby notified of a Public Hearing to be held on January 18, 2012 at or around 7:00 p.m. at the Pillsbury Memorial Town Hall, 93 Main Street, Sutton Mills, NH, concerning the proposed changes to the Rules of Procedure for the Zoning Board of Adjustment. The proposed rules are at the Town Hall for your review.
The Board agreed on the following:
1- The language requiring four administrative meetings per year would be removed.
2- The time frame for an appeal for an administrative decision would be changed to 30 days.
3- The rules of procedure may be amended by a majority vote after a public hearing has been held, with notice per RSA 675:7.
According to the current rules a second meeting must be held before the changes may be approved.
A motion was made by Hallahan and seconded by Canane to close the public hearing. Unanimously approved.
Review Previous Minutes:
A motion was made by Sweet and seconded by Krajewski to accept the minutes of November 16, 2011 as written. Unanimously approved.
Other Business:
The Board discussed Fees and the application process. They agreed there should be language added to the application procedures that states all submitted materials shall be received a certain number of days before the public hearing. The current fees are low for commercial and cell towers. The Board will look at other town’s fees and revisit the subject. There was also discussion pertaining to language to allow reimbursement for costs by the Land Use Coordinator if there is extended time spent on an application.
Sweet asked about the building permit process. An application is submitted to Lynn, it then goes to Elly, who brings it to the Board of Selectmen, and they pass it on to the building inspector. The building inspector is not responsible for the building permit. He does building inspections as needed. Canane thought the building inspector should be a more valued resource for the Town.
There was discussion as to how the road widths are determined.
Canane reported on a large wind energy project in Vermont. The Board discussed the need to follow up and finish the work started on a wind ordinance for Sutton. Swett will email the members the model ordinance from the State and the subject will be revisited at the next meeting.
It was suggested the Web page be changed to show the Zoning Board contact, Jennifer Swett, be listed as a Land Use Coordinator, not as currently shown as assistant.
8:30 p.m. A motion was made by Hallahan to adjourn the meeting. Seconded by Sweet. Unanimously approved.
Respectfully submitted,
Jennifer Swett
Land Use Coordinator
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