Minutes of March 21, 2019 Meeting

                                                                                                                                                 Preliminary
Town of Stoddard
Zoning Board of Adjustment
Minutes of Meeting
 March 21, 2019

The meeting was called to order by the Chairperson at 7:29 p.m.

Harry Power led the Pledge of Allegiance.

Members present: Chairperson Jason Kovarik, Vice Chairperson Curtis Taylor,  Franz Haase, 
Members absent: 

Others present: Compliance Officer Harry Power, Mr. Dorman-applicant, Mr. and Mrs. Dennis Clark – abutters to Dorman property, Paul Cordeiro – contractor for Emily McCarra

Hearings 

 Emily McCarra Hearing 
 The Secretary read the Public Notice for permission to construct a 14-ft by 16-ft addition to a cottage which will encroach into the setback. The property is located at 16 Stoddard Point Way, in Stoddard, NH. Map 101 Lot 059. A Site Visit of the property was held on Saturday, March 11, 2019 at 11:30 am. Roll Call was read with Jason Kovarik, Curtis Taylor and Franz Haase present.
 The Chairperson explained the Hearing process to all present. 
 Paul Cordeiro, contractor for Mrs. McCarra, explained the addition is 14’ x 16’ with no basement, going straight off the back, not making the structure any more non-compliant than it already is.  Jason referred members to pictures of the site plan and of the cottage.
 Franz asked if any correspondence has been received from the abutters.  There was none and none are in attendance.  Franz stated there is no encroachment of the road and the addition fits the lot well. Jason asked if there was more discussion regarding the Variance, there was none, so he asked for a motion.
 Franz made a motion that the Variance be approved as written.  Curtis second the motion. The Chairperson called for a vote.  Voting: Jason Kovarik approve, Franz Haase approve, Curtis Taylor approve.  The motion passed as written. 

 Continuation of Dorman Hearing  
  Jason stated according to RSA 91-A 2 II, he needed to call an Executive Session so he could share a communication regarding the Dorman case from the ZBA Lawyer with Members. The audience left the room.  Jason made a motion to go into Executive Session, Franz second the motion and a vote was unanimous to accept the motion.  Members went into Executive Session at 7:40 p .m. The Executive Session ended at 7:49 p.m.
 Curtis invited the audience back into the room.  The Chairman opened the Dorman Hearing at 7:50 p.m. He re-iterated that they were present when he reviewed the rules for the McCarra Hearing and the same rules apply for this Hearing.
 Jason invited Mr. Dorman to speak on any updated information he may have. 
 Mr. Dorman stated he plans to tear down the existing structure and build a new structure with roughly the same square footage but with a loft. The work will include better drainage on the property. Franz asked for a timeline for the construction, Mr. Dorman responded that it take place this year. Members perused the paper work on the state approved septic design supplied by Mr. Dorman, which shows a new leach field. Curtis asked about the current square footage of the building but Mr. Dorman did not know. He did state the new building would be 20 ‘ x 20’ with a 9’ x 14’ loft.  
 Abutter Dennis Clark spoke, asking the height of the new design. They have concerns about the new structure blocking their view of the lake. Mr. Dorman did not know what the height difference would be. Franz explained that that issue goes beyond the purview of tonight's meeting. Jason interjected stating that the abutters have a valid concern but this meeting cannot address that issue.  Mrs. Clark asked if the water coming from the well and running off the property would affect the leach field. Franz stated the professionals who design the septic plan are responsible to build a system that has taken the run off into consideration. Jason looked for a height limit on buildings in the CPO but found none.   
 Harry Power read a response to him, regarding the Dorman septic, from the DES Dept. concerning ENV-WQ 1004.22. The rules state an approval to operate is necessary, along with an approval for construction. Mr. Dorman has an approval for construction not operation.
 Discussion revolved around converting the building from seasonal to full time use. Members also had concern about pushing the occupant out of the building.  Harry stated the septic has to come into compliance either with a new construction or with the building the way it is, adding no one will be kicked out of the building. 
 Franz made a motion to deny the Variance as it is written. Curtis second the motion. The vote was unanimous to deny the Variance. 
 Members filled out the worksheets for both McCarra and Dorman Hearings.

New Business
 Potential new member has been found and will be introduced to the Selectboard on Monday
 The Board received an application for a Special Exception for an attached ADU from Dawn & Jason Kovarik.  A site visit has been scheduled for 9 a.m. on Saturday, 4/13/19, with a Hearing date set for 4/18/19.   
 Posting of meeting minutes. The Board decided to post the minutes to the Town Web and on the bulletin board outside the Town Hall.  Hard copies are kept in the ZBA files at the town hall.  The Town Clerk and Treasurer have keys to the ZBA files if necessary and access to the Town Web and printers, should anyone request a copy of the minutes.  Messages for the Secretary can be left anytime on her home phone or email.

Minutes
 Jason made motion to accept the minutes of February 7, 2019 as read.  The motion was second and the minutes were accepted.

Correspondence/Reports
 Reviewed ZBA budget to date and new bills
 Attorney correspondence read during Executive Session.

Old Business
 None

A Motion was made by Franz to adjourn. Curtis seconded the Motion. The Motion passed unanimously. The meeting adjourned at 9: 11pm.  The next meeting will be April 18, 2018 at 7:30 p.m. at the Stoddard Town Hall.

Respectfully submitted,
Kathleen Ellis
Secretary to ZBA