Approved Minutes Dec 2023

Meeting date: 
Thursday, December 21, 2023

                                                                             Town of Stoddard                                Approved Minutes

Zoning Board of Adjustment Meeting

December 21, 2023

Town Hall

The Chairperson called the meeting to order at 7:30 pm

Pledge of Allegiance was led by Herb Healy

Roll Call: Herb Healy Chair, Franz Haase Vice Chair, Jason Kovarik, Doug Summerton, Bud Record

Alternate Members: Lauren Patton

Members Excused: Milosh Bukovcan,

Others present: Harry Power Compliance Officer, B. Scott Avera & Diane Avera Applicants

Public Hearing: The application was read aloud by the secretary along with locations it was noticed to the public. (Town Web, Keene Sentinel, town bulletin board)

  • You are hereby notified of a Public Hearing to be held on Thursday, 7:30 pm on December 21, 2023, at the Stoddard Town Hall, concerning a request by: B. Scott and Diane Avera for a Special Exception concerning:  Article XII, Section 3 of the Stoddard Community Planning Ordinance. The Applicant was in process of building a retaining wall on the back side of the garage to control run off from the property into Highland Lake.  The property is located at 60 Penny Lane, Tax Map #127, Lot #37, in the Lake District.
  • Franz read aloud the procedures for the hearing and Herb explained the conditions the ZBA will be looking for in this Wetland Special Exception.
  • Mr. Avera shared a map of the property showing the layout of his project with the members. Members asked questions about the project as he presented. The garage was built in 2021 and is 25 feet from the water. The sloped sides of the garage have drainage but it’s the gable end of the garage that faces the lake and catches rain water causing it to flow down the slope into the lake exposing the roots of bushes. He designed and built the wall himself and no erosion controls were in place during construction. Work was halted after the compliance officer’s visit, making him aware of the lack of permits. He put the dirt he dug out back in place and the area has been seeded. Forest Designs of Keene is seeking a Shoreland Permit for the project which may take 60 days, nothing has been heard from the State to date.  He presented a letter from abutters Mr. & Mrs. Ozum, which states they have no issue with his project. The wall is 85% completed. It is 19 inches deep, shows 12 inches above the ground, is about 2 feet wide and 25 feet long and does not interfere with egress or entrance to the buildings or property.  The wall is made of flagstone, sitting on the backfill of ¾” stone for drainage. The project is similar to the original design, which had conditions attached to it, but smaller in scope.
  • As the liaison to the Conservation Commission, Jason stated it’s apparent to him the site is already a very disturbed site having had a shed there previously, it being removed and a garage there now. It’s not a virgin area and he feels the project will improve the run off problem. He has no objection to this project. Herb asked for written statement from the Conservation Commission. 
  • Herb then asked if there were any questions from members or anyone else, there were none. He explained any approval tonight by the ZBA would be conditioned on the necessary permit from the NHDES being obtained. Herb asked for a motion to close the meeting for deliberation. Doug moved, Jason seconded to close the meeting, all agreed. 
  • Herb asked for comments on Condition #3. Franz stated, do to the location of the project there are no changes to the access for the public. emergency or utility services. Herb, Bud and Doug agree with Franz’s statement. Comments for Criteria #1. Jason stated the project will actually improve the runoff situation and is not destroying the wetlands itself. Criteria #2 the location is a building lot that has already been disturbed.
  • Franz made a motion to accept the application as written contingent on the applicant receiving State approval of a Shoreland Permit.
  • Roll call vote: Franz- yea, Bud- yes, Doug-yes, Jason- yes, Herb- yes. The application is conditionally approved.
  • Herb advised the applicant if the DES requires significant changes he should be in contact with the Compliance officer and may need to reappear before this Board.

 

Correspondence/Reports

  • Secretary: Update on communications with future applicants.
  • Compliance Officer: Asked Jason, as representative for the Conservation Commission, for a letter of approval. Jason will send a letter from the Conservation Commission with Opinion, to both the Compliance Officer and the ZBA.
  • Board Members: Herb discussed the monthly Budget

Meeting Minutes

  • Changes To 11/16/23 minutes: under old business bullet, first line, add: found by Town Treasurer and remove the word Spring. Last Sentence of second bullet of same section: add: and/or needed relief from ZBA.  Franz voted to accept the minutes as amended, Doug seconded and all approved minutes with corrections.

Old Business - None

New Business

  • 2024/25 Budget discussed. Members had copies of proposed new budget and feel the proposed budget sounds reasonable and is ready to be turned into the town. The new increased fee structure should balance the increase in the Budget. Motion to approve the budget made by Herb, seconded by Jason approved by all members.
  • A spreadsheet of permit violations has been created by the Administrator and Compliance Officer and is to be shared with the town Land Boards.
  • A question of should the ZBA hear a case that is in enforcement status was asked. Herb will contact our lawyer for clarity.

Public comment – none

Non-public session - none

Adjournment Motion made by Frans, seconded by Loren. All in favor. Meeting adjourned 9:30 pm.  The next meeting is on January 18, 2024, at 7:30 pm at the Stoddard Town Hall.

Respectfully submitted,

Kathleen Ellis

Secretary