ZBA Meeting and Hearing
Preliminary
Town of Stoddard
Zoning Board of Adjustment
Minutes of Meeting and Hearing
This meeting was a Virtual meeting using Zoom
The meeting was called to order by the Chairperson at 7:30 pm.
Roll Call: Members present Chairperson Jason Kovarik, Vice Chairperson Franz Haase, Alternate Milosh Bukovcan standing in for Doug Summerton
Members absent: Bud Record & Doug Summerton and Herb Healy
Others present: Compliance Officer Harry Power, Scott & Diane Avera
Problems with access: None
Pledge of Allegiance
Jason explained how tonight’s meeting is being held in response to State and Town rules governing meetings during the COVID-19 emergency.
Hearing – Scott and Diane Avera
Application for Variance was read by the secretary.
The Chairman read and explained ZBA procedures for the Hearing to all present.
Scott presented their request, stating the property was a cottage and is now their year round home. A year round septic system is installed and they need a garage to keep their car in. They propose tearing down a 30 ft x 10ft shed and building a 32ft x 20ft garage on that site. The site is between the well and septic system. Due to the size of the lot, ledge and over head wires, that is the only spot on the property a garage can be placed. The 25ft setback to the road nees to be adjusted to six feet from the road. Scott and Diane stated they have spoken to all three of their abutters and they have no problems with the proposed building. Two abutters sent letters of approval which Jason read to the board (Brandt and Ozmum). Jason accessed the town Tax map and Interactive GIS, putting images of the property on the screen for others to see the size of the lot and the current shed, house and layout of the property. The secretary will downsize the paper map presented by the Averas and send it the Board. When asked, Scott said the Association does not need to be notified as Penny Lane & Anderson Rd are privately owned, not Association owned. He displayed a copy of the Covenant. Harry said the garage will improve the area. Jason asked if anyone had questions, there were none.
Jason explained that since we don’t have a full board tonight the vote will need to be unanimous. Scott asked if the vote doesn’t go well tonight if he could appeal. He chose to go with a vote this evening.
The Chairman closed the hearing for deliberation. Members agreed a site visit is not necessary. The maps show it is a tight spot between the water, road & ledge and he has all his permits in order. 1. Granting the Variance would not be contrary to the public interest: Franz stated it’s always in the public interest to keep an area upgraded, neat and clean. The garage would not diminish the property value. 2. Spirit of the Ordinance is observed: It is observed, given the small lot size, the setback requirements are unique to the lot. The rights of the public are upheld given the letters of approval from the abutters. 3. Substantial justice is done: It allows the landowner a suitable garage and use of his property. 4. Values of surrounding properties are not diminished: The garage would not diminish the property value. 5. Literal enforcement of the ordinance would result in an unnecessary hardship: The construction is similar to other properties in the area and the use is a reasonable one.
A motion was made to accept the variance as written. Roll call vote was taken: Franz yea, Milosh yea, Jason yea. The Variance was approved as written.
Correspondence/Reports
The Secretary read the March budget & expense report.
Jason read an email from Lawyer Serge regarding virtual hearings.
The Selectmen voted on 4/13/20 to continue town hall closure until May 5th in response to State Emergency Orders regarding the COVID-19 Pandemic. All public meetings are postponed or conducted via video/teleconferencing until further notice.
Minutes
Due to the COVID-19 Pandemic, the March ZBA Meeting was canceled.
Franz moved to accept the February 20, 2020 meeting minutes. Jason second the motion; Milosh, Jason and Franz voted Yes.
Franz moved to accept the April 16, 2020 meeting minutes. Jason second the motion; Franz, Milosh and Jason voted yes.
Unfinished Business
A letter to Hidden Lake Association is ready to be mailed.
New Business
Members terms expiring in 2020: Jason and Franz volunteered to stay on the board for another term. Jason will contact Doug.
Spring Plan & Zone Conference has been canceled. Online training is available. Kathy and Milosh attended and reported on the NHMA April 8th webinar, ZBA Basics.
Everyone agreed voting for officers should be postponed to the next meeting
Discussion was held on how to best facilitate a site visit.
A Motion was made by Franz to adjourn. The Motion was seconded by Milosh. The Motion passed unanimously. The meeting adjourned at 8:41 pm. The next meeting will be May 15, 2020 at 7:30 pm. Information on the place and/or address for teleconferencing will be in the May agenda located on the Town Web.
Respectfully submitted,
Kathleen Ellis
Secretary to ZBA