ZBA Preliminary Minutes

Site Visit & Hearing
Meeting date: 
Thursday, July 15, 2021

Preliminary

Town of Stoddard

Zoning Board of Adjustment

Minutes of Meeting July 15, 2021

Site Visit

The meeting and site visit regarding a request for a Variance from Article III, Section 1 of the Stoddard Community Planning Ordinance, was held at 429 Route 123 North, Stoddard, NH on the property of Brian Exley.

Roll Call by the secretary: Doug Summerton, Franz Haase, Herbert Healy, Jason Kovarik, Bud Record, and Alternate, Milosh Buckovan present.

Others present: Harry Power, Brian Exley Applicant, Jody Fortin, Abutters: Dudley Baker, Eleanor Baulis, Raymond and Noreen Durand, Contractor Gordon Garnett, Kathy Ellis Secretary.

The Chairperson called the meeting to order at 7:02 pm. He explained the purpose for the visit and explained the process in which all present would have the opportunity to ask questions and comment.

  • Mr. Exley explained his Project. He pointed out pins which were placed where the four corners of the proposed garage was to be built. The garage is to be built at the edge of the paved driveway. The left back corner pin was fourteen (14) feet from Ms Baulis lot line, not the twenty-five (25) feet required by the Stoddard Community Planning Ordinance.
  • Mr. Garnett stated Mr. Exley’s lot is only sixty-five (65) feet wide making it difficult to place the garage within the setbacks. They choose what they felt to be the best position and location for the building on the lot.
  • The neighbors/abutters stated they have no problem with the location of the garage.
  • The Chairperson asked members if they had any comments or questions. Franz stated he felt the location of the garage was the best for the lot also.
  • Bud made a motion to adjourn the Site visit portion of the meeting and to reconvene to the Town Hall to continue the meeting. Doug second the motion, all voted in favor. The Site Visit portion of the meeting adjourned at 7:24 PM.

 

Town of Stoddard

Zoning Board of Adjustment

Continuation of Minutes of Meeting

July 15, 2021

Hearing

This portion of the meeting took place at the Stoddard Town Hall

The Chairperson called the meeting to order at 7:02 pm.

Salute to flag

Secretary called Roll Call: Herbert Healy, Jason Kovarik, Bud Record, Doug Summerton, Franz Haase, and Alternate Milosh Buckovan were present.

Others Present: Harry Power Compliance, Jody Fortin and Brian Exley Applicant, abutters: Eleanor Baulis, Raymond & Noreen Durand, Kathy Ellis Secretary

Hearing

  • Bud made a motion to move the Hearing to the beginning of the agenda. Doug second the motion and the motion passed unanimously..
  • The Secretary read the Hearing Notice, where it was posted and the method of notification of Applicant and Abutters.
  • The Chair asked for comments from members. Doug asked if electricity & water would be in the building. Brian stated electricity only.
  • The Chair asked the public for comments in favor or against the project. No one spoke.
  • The Chair asked the Board for questions. Jason stated that the plans appear to be for a larger than a normal two (2) car garage. Brian responded he wanted space behind the vehicles for stairs to get up to the storage area. Their home is small and he needs the space for storage.
  • Bud asked if Brian had thought to ask his neighbor about purchasing sixteen (16)feet of land by the left back corner of the garage to keep within the set back. Brian said no, that his house is closer to the neighbors lot than the garage is. It was built prior to the CPO.
  • Franz spoke, saying the spot the applicant has picked out seems to be the best location for the garage and he is comfortable with the way it is laid out. He added, the garage will undoubtedly increase the value of the property.
  • Herb affirmed that the only set back affected by the building is to the south side of the property along Ms Baulis’s lot line.
  • Chair explained if during deliberation members have a question that hadn’t been answered, he will allow it to be asked. If by asking the question, the public also has a question, he will allow them to ask it as well.
  • The Chair asked for a motion to close the Hearing. Franz moved to close the hearing, Jason second the motion. Members voted unanimously to close for deliberation. The Chairperson explained in order for the members to approve the variance, each member must feel each of the five (5) criteria are met. Brian asked what the criteria were. Herb said they were the same questions Brian had to answer when filling out his Variance request. Herb then read the criteria to the public. He then asked for a brief discussion from the members regarding the five (5) Criteria. There were no questions or comments.
  • The Chair asked if members had any comments after completing the Worksheets, there were none. The Chair then asked that all those in favor of the Variance to raise their hand. Members voted unanimously to grant the Variance.
  • The Secretary will mail the Applicant a Decision Letter within five (5) days and send notice to the Compliance Officer stating the Variance was Granted.

Correspondence:

  • Discussion on Budget
  • NHMA: Once preliminary minutes are posted, edits may be sent to the secretary, however minutes can only be updated at a public meeting.

Meeting Minutes of June 17, 2021

  • Franz asked that the third line in the paragraph, Discussion on Hearing process; be corrected to read, Questions will be taken at that time through the Chair. The Chair asked for a motion to make the change. Doug made motion for the change, Bud second motion, the motion passed. Herb asked that the last sentence be corrected to read: Members begin deliberations to decide the issue. A procedural question was raised: If more information is needed after the hearing is closed, does a continuance need to be made or can members ask applicant questions? Herb made a motion for the change, Doug second it, all were in favor. Franz made a motion to accept the minutes as corrected, Herb second the motion, all voted in favor.

Old Business

  • Secretary’s Computer – ZBA can purchase the computer & Microsoft software subscription with the cost being covered by the general Town budget. The Town IT person will support it and install antivirus and Microsoft software consistent with other Town computers. The Secretary will pick up the purchase order from the Town and purchase the Lenovo 14” laptop at Staples.
  • Zoom Meetings
  • Discussion: The Selectmen are no longer doing Zoom meetings. Members decided to no longer offer Zoom meetings as a general practice, but to offer them by request only. A license may need to be purchased. To notify abutters and applicants, a sentence will be added to the Notice letters advising they can request a Zoom meeting. (Access to the meeting by Zoom is available by request. Please contact the ZBA Secretary via the Town website.) Herb asked for a motion regarding the above. Milosh made the motion, Jason second the motion and the vote was unanimous in favor of having Zoom meetings made available to Abutters and Applicants. Notification will be by adding the above italicized note on Hearing Notification letters.

Hearing & Voting Procedures: from June 17 meeting

  • According to State statute, members cannot vote on the individual criteria. The vote is on the Variance as a whole. Members must feel all 5 criteria are met. If one criteria is not met, then the vote from that member must be no. The Board must have 3 members voting the same, for a decision to carry. Our current procedure is perfectly acceptable. It’s good to let the applicant know ahead, that 3 members with concurring votes, will determine the outcome of the application.
  • To assure each criteria is discussed prior to the vote, Bud made a motion to have an open discussion on each criteria during the deliberation process added to the current procedures. Members then record their answers onto the worksheet then move into the vote. Jason second the motion. Members voted unanimously to amend the procedure.
  • Jason asked if members can have an example sheet for the Hardship Criteria (#5) showing what is needed for it to be in the affirmative. Herb offered to research the questions, specifically #5, asking what the questions are actually asking and how best to answer in the affirmative or negative.
  • During discussion of ZBA procedures, it was shared with the Board that NHMA legal services advised that best practice is to limit asking questions and receiving information from an applicant, abutter, or member of the public during the public hearing, but that a member is not precluded from asking a question of the applicant or abutter after the public hearing is closed. In case of the latter, the Board should allow opportunity for any person in opposition to provide his point of view.
  • Discussion on ZBA timelines will be continued at the next meeting.

New Business

  • Harry states there may be some issues coming before the Board.
  • Discussion was raised on what to do when information is received about conditions of a variance not being met by the applicant. Harry stated he is now working closely with the Tax Assessor which makes it easier to notice violations. Not being an enforcement Board, Herb will research with Matt Serge, the best way for the Board to address the issue.

Bud made a motion to adjourn, Jason second the motion and all voted in favor. The meeting Adjourned at 9:48 pm.

Respectfully Submitted

Kathleen Ellis

Secretary for

Zoning Board of Adjustment