Preliminary Minutes of ZBA Hearing

Meeting date: 
Thursday, April 20, 2023

                                                                Town of Stoddard                                                Preliminary

Zoning Board of Adjustment

 Meeting Minutes

 April 20, 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, Doug Summerton

Members Excused: Milosh Bukovcan, Bud Record

Others present:  Harry Power Compliance Officer, Terry Quattlebaum Applicant

Hearing:  Terry Quattlebaum

  • The Secretary read the Notice of Hearing and where they were posted.
  • You are hereby notified of a Public Hearing to be held at 7:30 pm on April 20, 2023, at the Stoddard Town Hall, concerning a request by: Terry and Mary Lee Quattlebaum, for a Variance concerning:  Article III, Section 1 of the Stoddard Community Planning Ordinance. The Applicant proposes to: erect an accessory building on their property, located within the required 25-foot setback. The property is located at: 84 West Shore Circle in Stoddard, NH.   Tax Map # 124, Lot #10   in the Lake District.
  • Franz read aloud the rules of procedure for the Hearing.
  • Herb advised Mr. Qualttlebaum that it takes 3 members to reach the same decision in order for the vote to carry.  There are only 3 members here tonight so he was asked if he would like to postpone the hearing.  Terry declined to postpone.
  •  Jason arrived, there are now 4 members present.

Public testimony:

  •  Applicant reviewed a power point presentation of his application. showing plot plan and pictures of property, location of proposed new structure. Applicant showed copy of a Shoreland Permit by Notification from the State DES.
  • From presentation and responses to specific Board members: Applicant states their lot is .27 acres. A Reeds Ferry one story building (12’ x 24’) will replace the current 12’ x20’ Quonset hut (vinyl hoop house for storage). It will be the third building on the property and will hold the snowblower, 4-wheeler etc. and other equipment and tools. The new building will be on a gravel base.  The road is a non-town-maintained road with limited traffic.  The lot is so small he can’t do a 25 ft setback. The Reeds Ferry building will allow more storage and is more pleasing to the eye then the Quonset hut. He has Permit. The shed is set behind trees so it won’t be viewed from the water. A large rock and propane tanks for the house won’t allow for other positioning. The Quonset hut will be removed from the property. Construction for the new shed will not change the topography of the land and is approximately 120’ from the lake.
  • There were no abutters present at tonight’s hearing.  Applicant states he has spoken with abutter Mr. Moore, who has no problem with it.  The Taylor’s were notified by Mary Lee and also have no problem with the new shed.

Doug made a motion to close the testimony part of the hearing and Jason second the motion. The motion voted and passed unanimously.

Deliberation Criteria: Granting the Variance (1.) would not be contrary to public interest and (2.) the spirit of the ordinance would be observed. Both criteria are met by this project.

  • Reasons for: Abutters are aware of his project and none have argued against the project. The shed does not impact or over crowd the neighborhood.
  • Reasons against: None

Criteria (3.) Granting the variance would do substantial justice.

  • Reasons for:The new structure will allow the owner to properly store valuable tools, get them out of the weather and maintain them in good condition. The new building is a more permanent building, replaces an inferior one and is a much better-looking building. Proposed use is consistent with neighbors properties.
  • Reasons against: None

Criteria (4.) Value of surrounding property would not be diminished because:

  • Reasons for: By replacing the old vinyl hut with a nice looking more permanent shed, his property value will increase and by default, the neighborhood.
  • Reasons against: None

Criteria (5.) Unnecessary Hardship: Part A applies to this application. Part B does not apply as the Quattlebaums have been able to use the property as it is.

  • Part 5A1. – There is not a fair and substantial relationship between the general public purpose of the ordinance and the specific application of that ordinance to this property:
  • Reasons For: The lot is very constrained with substantial slope, narrow layout and large rocks. A person couldn’t utilize this property without expanding into the setback. The lot predates the zoning laws and it would be unreasonable to apply the current laws to this lot.
  • Reasons against: None

Part 5A2. The proposed use is a reasonable one.

  • Reasons for: The removal of the trees and blasting of rocks would do more harm than good. There is no overcrowding and the shed allows for proper use of his property to store valuable belongings and equipment.
  • Reasons against: None

Doug made a motion to vote on the Variance. Franz seconded the motion. Roll call vote was taken; Jason approve, Doug approve, Herb approve and Franz approve.  The Variance was approved by unanimous vote.  The secretary will send a Notice of Approval within 5 days.

Correspondence/Reports

  • Compliance Officer report:  Several waterfront applications pending.
  • Secretary: Gave update on potential applicants. Mrs. Aho-Rice has withdrawn her application 
  • Board members: Expenditures are well within the budget. 

Meeting Minutes 

  • Motion made by Jason to accept minutes of March 16, 2023 meeting/hearing as written.  The motion was seconded and passed unanimously.

Old Business

  • Selectmen have decided not to pursue a warrant article to remove Section 4B from the Wetland Ordinance. It will not be on the Town Warrant.
  • Herb read information from Attorneys Buckley and Serge regarding the town regulating docks on public waters (10 acres or more). The State regulates the dock and land based anchoring pads and docking structures (as described in NH Admin Code Env- Wt 513.05). The Town can regulate anything on the land except for the anchoring pad. No Special Exception from the ZBA is needed for a dock construction.
  • The ZBA cannot require an applicant within the 50-foot Buffer to have the Shoreland Permit in hand at time of consideration and decision (per State Statute), but can condition  approval on obtaining and submitting a Shoreland Permit to the ZBA

New Business

  • Meeting minutes – revised format – what is recommended for more concise minutes? 
  • Kathy will check to find out if the minutes and or details of hearings are necessary on the notices and minutes.
  • Herb participated in the 2023 Local Officials Workshop sponsored by the NHMA. He will share the link for members to review.

Public comment

  • No comments

Adjournment.  Motion made by Jason to close the meeting, seconded by Doug. All voted in favor to adjourn the meeting at 9:09 pm. The next meeting will be held on May 18, 2023 at 7:30pm at the Stoddard Town Hall.Doug then Jason. The next meeting will be held on  2023, at 7:30 pm at the Stoddard Town Hall.

Respectfully Submitted,

Kathleen Ellis

Secretary