Meeting and Hearing Continuance Minutes

Meeting date: 
Thursday, March 16, 2023

                                                              Town of Stoddard                                                 Preliminary

Zoning Board of Adjustment

 Meeting Minutes

 March 16, 2023

 

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

Pledge of Allegiance was led by the Chairperson

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

Alternate: Milosh Bukovcan

Members Excused: None

Others present:  Harry Power Compliance Officer, Loren Patten Applicant

Hearing:  Loren Patten Continuance: Special Exception

  • Milosh recused himself from this hearing as he is an abutter of the applicant. Mr. Patten presented the project, laid out a large map and pictures of the project for members to review and Bud to peruse as he wasn’t present for the first part of the hearing.
  • The Secretary read the Special Exception portion of the minutes from the 2/19/2023 hearing.  Mr. Patten presented a copy of his Shoreland Permit by Notification to the Board.  A discussion took place.
  • Herb explained the ZBA must determine the applicant meets the conditions mentioned in the CPO prior to granting this special exception. He then read the conditions from the Wetland Ordinance, Article 12 Section 3. He also stated all State permits must be submitted to the ZBA. The DES has given approval by accepting the Shoreland Permit by Notification and Forester, Geoff Jones, Chairperson of the Conservation Commission has submitted a letter from inspection of the property stating “Because the shorefront is already highly altered, but stable, I don’t foresee any negligible impact to the water quality on shore front that this proposed deck would cause.” Herb reached out to the Planning Board but obtained no response. Herb asked for further questions of Mr. Patten, there were none.
  • A motion to close the hearing for deliberation was made by Doug and seconded by Jason.  The motion passed unanimously.  Herb stated he feels the above evidence shows that the environmental impacts of A and B sections of the ordinance have been met i.e. the project does not diminish the capacity of wetlands to regulate surface water run-off and will have no effect on the natural wetlands which provide flood protection and natural habitats for wildlife.  He also feels the applicant has successfully met Section C as stated in the previous hearing i.e.  the project will not cause unnecessary or excessive expenses to the property or other properties to provide and maintain essential services and utilities, which arise because of improper use of wetlands. Herb asked members for comments. Jason & Franz agree with Herb. Bud stated the road access to the house appears to be at the front of the house and won’t be impacted by the project.
  • Doug made a motion to vote on the Special Exception, Jason seconded the motion. A roll call vote was taken: Herb Approve, Franz Approve, Jason Approve, Doug approve, Bud Approve. Unanimous approval of the Special Exception.

Continuance Variance

  • Milosh was recused from this hearing as he is an abutter. The Secretary read the preliminary minutes of the 02/19/23 hearing for the Variance. Mr. Patten submitted a change on the original Variance. The amended Variance contains an “’s” on the word “line” making it “lines” on the first line of the Application adding the shoreline incursion to the side lot incursion. Herb stated he was advised by legal Town Council that the shoreline constitutes a boundary for purposes of setback per Article III, Section 1. Any project within 25 feet of the shoreline would need a Variance against setback.  
  • Members reviewed the Variance Application, maps and additional pictures. Milosh stated again, as the abutter on the affected side he has no objection to the project.
  • Harry read the regulations for nonconforming structures. Herb asked if there were any other questions regarding the two property lines, there were none.
  • Jason made a motion to close the hearing for deliberations. Doug seconded the motion and the motion passed unanimously. Herb asked Mr. Patten not to speak during member discussions, but that he may answer when asked questions.
  • Discussion: 1. Granting would not be contrary to the public interest and 2. The Spirit of ordinance will be observed. Herb stated, Milosh, the abutter on the affected side has stated he has no problem with the project and the NHDES, as abutter of the shoreline has given permission through approval of the Shoreland Permit Notification. Herb asked if anyone feels either incursion would do 3. Would do Substantial justice: Franz stated we are allowing the owner to improve the safety of his property by removing an unsafe stairway. He has a safer and convenient access to the shore and a deck will allow him to enjoy the lake as similar lakeside property owners. Jason, the project improves the esthetics and safety of the property. 4. Value of surrounding properties will not be diminished. Herb; The new deck would not diminish the values of neighboring properties. It will be an improvement to the site. Franz, Doug, Jason & Bud agree. Herb stated part 5 B is mote. 5a Unnecessary hardship a1- not a fair & substantial relationship Franz; not a fair relationship to this property because the ordinance was designed for future buildings, the house was built in 1962, well before the ordinance and is not fair for the existing structure. Bud said it may have been a deck there at one time and it is a reasonable request and comparable with other houses in the neighborhood. Franz: State regulations state nonconforming structures can add a 12 ft deck – he is building a 11 ft deck. It’s reasonable that a lakefront home should have a lake side deck. Doug agrees. Jason; There is no further encroachment beyond the deck. His dock is concrete & steel and there is no further encroachment beyond that. Bud has no objection to his project and feels it is minimal. 5a2 proposed use is a reasonable request
  • Herb stated it is an open deck on columns with no roof as Mr. Patten submitted on the state Permit. Franz and Jason stated it is reasonable for a lakefront property to have a deck on the lakeside.
  • Franz made a motion to vote on the Variance. It was seconded and Roll call vote was taken:  Doug Approve, Franz Approve, Herb Approve, Jason Approve, Bud Approve. The Variance is unanimously approved.

 Correspondence/Reports

  • Compliance Officer report: everything good
  • Secretary: update on potential special exceptions.
  • Board members: Budget review. Bill from Matt Serge pertaining from wetlands and information on participation of members via Zoom.

Meeting Minutes 

  • Motion made by Jason to accept minutes of Feb 19th meeting/hearing with corrections to typos.  The motion was seconded by Doug and passed unanimously.

Old Business

  • Selectmen/Planning Board are trying to remove ZBA Special Exceptions from the Wetland Ordinance.
  • Herb reopened the closed meeting to discuss a letter written to Lawyer Serge by Harry Power.

New Business

  • None

Public comment

No comments.

Adjournment.  Motion made by Franz to close the meeting, seconded by Doug. All voted in favor to adjourn the meeting at 9:57 pm.  The next meeting will be held on April 20, 2023, at 7:30 pm at the Stoddard Town Hall.

 

Respectfully Submitted,

Kathleen Ellis

Secretary