ZBA Meeting & Hearing
Preliminary
Town of Stoddard
Zoning Board of Adjustment
Minutes of Meeting via Zoom
June 18, 2020
This meeting was a virtual meeting using Zoom. The meeting was called to order by the Chairperson at 7:30pm.
The Pledge of Allegiance was led by Jason Kovarik.
Members present: Chairperson Jason Kovarik, Vice Chairperson Franz Haase, Bud Record, Doug Summerton, Herb Healy
Alternates present: Milosh Bukovcan
Others present: Compliance Officer Harry Power, Heather Plante, Christopher Fontaine
Hearing
Continuation of Plante Application for Variance: Jason recapped information from last month. Heather stated she spoke with the Swanzey DOT -Frank Lemonbringer told Heather they put new markers down when they upgraded Route 9 in her area in 1963 and measurements should be taken from the center of Route 9 (#P4792 project). As long as the garage is more than 100 ft from the center of Route 9, he has no problem with it. Her contractor showed her the markers & property map, they are now marked with pink ribbons. She feels they need a Variance. She also contacted the Registry of Deeds gave her the history of the property but no definitive measurements. Heather stated she has decided to have the property surveyed. She called several surveyors but couldn’t find one to do it reasonably soon.
One corner of the garage is 114.5 feet from the center of Route 9. A variance is needed as the CPO calls for a 25 foot setback from the Route 9 right of way. Members reviewed Plante’s application. Franz stated he walked the property and the garage couldn’t be moved back further into the lot do to a shear drop off. He also state the location on the plan is the ideal spot for it on the property. The property on the side of the garage is unbuildable woods. Frank at NHDOT said they sent a letter but the ZBA secretary couldn’t locate it. Harry confirmed he also had spoken to someone from the NHDOT and confirmed the center of the road measurement. Franz mentioned none of the abutters have contacted the ZBA regarding the construction.
Jason asked for any questions. There were none. He called for a motion to close the hearing for discussion and deliberation. Franz made a motion to close the hearing. Doug seconded the motion. Roll call vote; Milosh Bukovcan, Doug Summerton, Bud Record, Franz Haase and Jason Kovarik agree to close the hearing.
Five findings for discussion:#1 would not be contrary to the public interest because: the garage is 74 feet from any abutter and 114.5 feet from Route 9. #2 Spirit of the ordinance: would be observed because the difference between the ordinance and actual measurement is minimal in comparison to the distance from the road. It does not over crowd or obstruct the byway or neighborhood. Franz stated the land around Plante is conservation land and un-buildable woods. #3 granting the Variance would do substantial justice: There is very little option to put it on any other spot on the property do to the shape of the lot. It cannot be moved back further do to a steep drop off. #4 Values of the surrounding properties would not be diminished as most of the land around her is conservation land. #5 Denial of the Variance would cause unnecessary hardship: The drop off behind the planned garage is a special condition of the property. Putting a garage on the property is a reasonable use. Financial hardship is not a condition in this case.
Jason asked for further discussion: Herb joined the meeting at this point. Jason reviewed the information from today's hearing with Herb. Herb asked Franz if the drop-off would take a considerable amount of fill to have the garage moved 11 feet back onto the lot. Franz replied, not taking financial hardship into consideration, common sense dictates that leaving the garage where it is would be a better decision. The layout of the house with the planned garage is workable and it makes sense to leave it located where it is. Jason added filling the drop off with the garage partially on new material could cause problems.
Jason asked for a motion to grant or deny the variance: Bud made a motion to grant the variance as written. Franz seconded the Motion. Herb asked if any of the abutters have responded. Letters were sent to all abutters and no one has responded. Heather reported that she had spoken to her immediate abutters, the Tutthills, who had no concerns. Roll call vote was taken: Bud Record votes to approve, Franz Haase Yes, Doug Summerton yes, Jason Kovarik Yes, Herb Healy approve. Jason notified Heather she will receive her approved Variance in a couple of days. Harry will send her the approved construction permit on Monday so she can begin work by Tuesday morning.
New Business
Next month’s meeting will be at the Town Hall unless something comes up. Covid precautions and social distancing will be expected. The information will be in the agenda.
Minutes of May 21, 2020
The minutes were put on the screen for review by members. An amendment to add “The letter to Hidden Lake Association was mailed to the association” was suggested. Herb made a motion to accept the minutes with the amendment. Doug seconded the motion. All voted in favor of accepting the minutes as amended.
Correspondence/Reports
Jason showed the budget report on screen and read the amounts to the board. The Town meeting is next week.
Reviewed all other bills
Old Business
None
A Motion was made by Franz to adjourn. The Motion was seconded by Doug. The Motion passed unanimously. The meeting adjourned at 8:21 pm. The next meeting will be July 16, 2018 at 7:30 pm at the Stoddard Town Hall.
Respectfully submitted,
Kathleen Ellis
Secretary to ZBA