TOWN OF STODDARD
ZONING BOARD OF ADJUSTMENT
MINUTES OF THE MEETING HELD March 18, 2009
MEETING CONVENED AT 7:00 PM
Members Attending: Fred Ward, Sandy Sherman, Richard Betz, Nancy Robinson and Ruth Ward, alternate. Excused was Beverly Power.
Correspondence: Notice of Spring Planning and Zoning Conference; Important dates poster from LGC; updated forms for ZBA applicants; NH Citizen Planner Training Collaborative announcement; budget vs. actual expenses as of 1/6/2009; transaction detail by account 7/1-12/3/2008.
Minutes of previous meeting: Nancy Robinson moved and Sandy Sherman seconded to accept the minutes of the October 30, 2008 meeting as printed, the board approved.
Old Business: None
New Business: Richard Betz moved and Sandy Sherman seconded to reappoint Fred Ward to a 3 year term to expire 3/2012, appoint Ruth Ward to fill Nancy Robinson’s 3 year term to expire 3/2012 and to appoint Nancy Robinson to fill Ruth Ward’s alternate position for a 3 year term to expire 3/2012, the board approved.
Application for Variance: 7:15 PM Public Hearing on a request for a Variance of Article III, Section 2B of the Community Planning Ordinance to allow a subdivision to be placed on a private road (Whitney Road). Elizabeth McCormack, representing Todd and Veronica Amelang, presented their proposal for awarding a Variance to the Amelangs for their property on Whitney Road.
She went on record to be concerned that the public comment rumored to be made around town might cause board members to have concluded a decision prior to this meeting. She asked any board member who has formed a conclusion to please step down. No member responded.
She reported that as she understands the ordinance there could be an approve subdivision in place allowing the Amelangs to use a “road in an approved subdivision” to access their proposed subdivision, eliminating the requirement to receive a variance from the ZBA. She also explained that all the owners, along Whitney Road, own to the center of the private Whitney Road and that each has an easement for the use of twenty (20) feet of that road.
Discussion went on about the possible frontages, future subdivision of remaining acreage and up grading of the road.
Dwight T. Conklin asked what is to stop the Amelangs from selling a remaining parcel to a contractor and that contractor applying for a subdivision on that parcel?
Elizabeth McCormack said even if a parcel is sold, that buyer would have to apply to the ZBA for a variance as her clients have.
Dennis Carlisle wanted to know why owners on the west side of Whitney Road have to jump through hoops for subdivision when the east side of Whitney Road has been developed without jumping through hoops.
Alan Champney reported that he has upgraded Turtle Rock Road and Champney Road and has plowed to meet the requirements of his insurance company. He said he gets very little return from his tax dollars.
Jean Slepian, who owns the first 387 feet under Whitney Road, said she has successfully defeated each attempt by the Whitney Road Association to upgrade the road passing over her property.
Elizabeth McCormack agreed that Jean Slepian does own under the road and that widening Whitney Road would mean the Whitney Road Association would have to approach Ms. Slepian to purchase enough land to allow that widening.
Joe Sarcione, who lives on Anderson Road, felt possible future actions should not be considered and the board should stick to the proposal before it.
Dwight (Deke) Conklin reported that he likes the rural atmosphere on Whitney Road and doesn’t mind an occasional pothole or two to keep the area slow and easy.
Amy Rokoszak asked if a variance is granted would it set precedent for future subdivisions?
Elizabeth McCormack said a future subdivision would make a higher threshold to meet and that each request for a variance is considered on a case-by-case basis. She said more subdivision would mean more traffic on Whitney Road and place a higher use of the road.
Nancy Robinson explained that most recent variances have been on very small lots and the ZBA considers the size of lots, ability to place a house, septic system and well within the required setbacks and usually has to deal with those setbacks.
Marcia Kayser (a direct abutter) asked if lot 3 exists?
Todd Amelang said lot 4 is being cut off of lot 3 in this proposal but yes; lot 3 is an existing building lot.
Margo Santoro asked if the subdivision is allowed does that make Whitney Road a road in an approved subdivision?
Patricia Putnam reported that Silas Little, the Planning Board’s Attorney, has ruled that it would but the board has the ability to place a condition on the subdivision plat that it will not be considered an approved subdivision road.
Jerry Bernier said that when he bought his property, on a private road, he was well aware of the restrictions along that road. He asked the board to stick to the issue before it and not to speculate on what future proposals might come forward.
He said this subdivision would make 2 more lots that would have to join the Whitney Road Association and pay dues to help maintain the road.
Donald Green maintains the Whitney Road for the Association and wants the road to stay private.
Alan Champney said he agrees with this request for a variance.
Mark Hodgson asked why lots 4 and 4A are not one parcel?
Todd Amelang said it will be one lot and that the portion labeled 4A is strictly for a septic system.
Marcia Kayser asked if it is allowable to make lot 3 into 2 parcels?
Jerry Bernier asked how many subdivisions are generous enough to leave conserved open space on a parcel? He expressed support for the application.
Fred Ward read the criteria needed to allow the variance.
- That there will/will not be a decrease in value of the surrounding properties as a result of the granting of this variance.
Elizabeth McCormack said the use is going to be consistent with the surrounding properties and therefore would not decrease their values.
- Denial of the variance will/will not result in unnecessary hardship to the owner.
Elizabeth McCormack referred to case law that shows the need to use Whitney Road to gain reasonable access to the property.
- Granting this variance will/will not give substantial justice.
Elizabeth McCormack said that no public good would be gained if the variance were denied.
- Will the contemplated use be contrary to the goals of the Zoning Ordinance?
Elizabeth McCormack replied that residential use is reasonable use of the land.
- Will the Variance be of benefit to the Town?
Elizabeth McCormack said the use is in character of the district and restricting lot 1 to be conserved to remain, as open space is a definite benefit to the town. The higher assessed value will generate more taxes to the town for its expenses, as building lots are valued higher than open land.
Margo Santoro asked what a hardship would be as the applicant already has a buildable lot.
Elizabeth McCormack said the denial of a subdivision renders the land unusable.
Amy Rokoszak noted that the parcel has access along King Street.
Elizabeth McCormack said the topography prevents reason development of a road into the area.
Sandy Sherman moved and Nancy Robinson seconded to close the Public Hearing at 8:55 PM, the board approved.
The members filled out the Finding of Facts forms. The secretary announced that the Variance was awarded unanimously. The following conditions were attached to the variance:
- Lots 4 and 4A must be merged and are not sub dividable in the future.
- Add the conditions as presented by a letter dated July 29, 2009 from the Whitney Road Association as conditions on each plat and in each deed.
Application for Special Exception: None
Adjourned: Nancy Robinson moved and Fred Ward seconded to adjourn at 9:05 PM, the board approved.
Respectfully submitted,
Patricia E. Putnam
Secretary