ZBA SPECIAL PUBLIC MEETING

Preliminary

Town of Stoddard

Zoning Board of Adjustment

Minutes of Special Meeting

October 03, 2019

The meeting was called to order by the Chairperson at 7:30 pm.

The Pledge of Allegiance was led by Jason Kovarik.

Members present: Chairperson Jason Kovarik, Vice Chairperson Franz Haase, Herb Healy,

Members excused: Bud Record, Doug Summerton

Others present: Compliance Officer Harry Power, Milosh Bukovcan, Mark Johnson, David Burke, Brian Pratt, Jared Pratt

Hearing

• Continuation of Variance request by Mark and Dale Johnson #2019-0919. Jason stated the Applicant, Mark Johnson would recap his project and then others, for or against the project, will have the opportunity to speak.
• Harry presented Construction Plans from an engineering company of the Johnson project to the Board, showing the before and after design layout. Mark answered questions regarding the site layout map. He has the permit to tear down the cottage and begin construction. The septic will go under the pole barn.
• David stated he opposes the current layout of the project. He states 450 sq feet of the buffer between the two properties will be used for Mark’s buildings. Leaving the land and trees on David’s property as the only buffer between the two properties.
• Herb asked if Dave objects to the septic system and does he feel the building will take away from the value of his property. The leach field is going under the pole barn. David answered that he likes the improvements Mark is implementing on the property. It’s possible the value of his property may go down because of the pole barn but he isn’t the one to determine that. David is concerned that all Mark’s buildings are along the buffer between their two lots and the only buffer left is what is on David’s property. As the plan for Mark’s building is drawn, it leaves only a 10 foot buffer, the requirement is 25 feet.
• Jason suggested Mark increase the buffer distance to be more neighborly. The current lot sizes can be very small and don’t match the criteria laid out in the regulations. Discussion ensued regarding logistics of changing the placement of the pole barn.
• Herb asked David if he feels the variance will impede the use of his property. Dave said it may, he doesn’t want to have their area become as close as the cottages through the narrows on the lake. Herb stated this Variance comes down to weighing the benefits to the petitioner and the harm to the abutters and other residents along the road. Our job is to find a balance. Herb asked David what buffer hypothetically would he be happy with. Dave said there is no compromise, the Variance is what it is.
• Jason gave 4 possibilities of outcomes to this hearing; to approve, deny, approve with conditions or continue. David’s concern is legitimate with the amount of the project being in the buffer zone. Jason asked if Mark wanted us to go ahead with a vote as there is only 3 members present tonight and not a full board. To vote tonight it would have to be a unanimous vote.
• Franz spoke stating he feels there may be another spot to put the barn. He also feels the spirit of the ordinance would not be preserved as the abutter has concerns about the shortening of the buffer.
• Herb feels the nature of the property and roadway constitute a hardship. The Ordinance can’t apply to the current lot because of it’s shape.
• Discussion ensued about other locations on the lot where the barn could be built and functional.
• Franz asked if the Variance requires two votes, one for a setback from the road and one for the lot line, as the bldg is 15 feet from the center of the road. The CPO states any building must be 25 feet from the right of way. Jason said the Board could make the vote for both set backs.
• Herb asked if the road is private or town road and should it be measured from the middle of the road? Jason stated the grid square paper shows the ROW drawn 15 feet from the center of the road. The CPO says buildings shall be located at least twenty-five feet from any road as measured from the edge of the right of way. It doesn’t matter if it’s private or town owned. Herb views the Variance as a single application for both the road & lot line setbacks.
• David handed Jason his Warranty Deed stating it shows a 25 foot ROW across his land as he owns both sides of the road. Franz asked if Mark’s property goes to the center of the road. Mark does not own both sides of his road. Jason stated there is a large maple tree between the road and Mark’s yard. The barn is planned to go between that tree and ledge in the yard so he has no problem with the road set back. Mark stated he would be willing to compromise five feet of the buffer, increasing the lot line buffer to fifteen feet.
• Jason asked if there was any further discussion. There was none. Jason made a motion to close the hearing, Franz seconded the motion, all voted in favor to close the hearing for deliberations. Jason explained to the applicant how the voting is done.
• Jason asked for a motion. Herb made a motion to accept the Variance as written, Franz seconded the motion, Jason made a motion to amend the motion to add the condition that the building cannot be closer than 15 feet from the lot line and 15 feet from the roadway as drawn. Franz seconded that motion and Jason asked for discussion on the motion. Herb feels the extra 5 feet does nothing to make the Variance more right. Jason noted Herb’s statement and feels the spirit of the ordinance is a good compromise. Franz feels the board has set precedence by reaching their decisions thru deliberation, do diligence, compromise, listening to the public and getting our best results through that process. Jason read the motion to amend the Variance with the condition that the building cannot be closer than 15 feet from the lot line and 15 feet from the roadway as drawn. Franz asked for a vote on the amended motion. All three Board members voted in favor of the amendment.
• Jason asked for a vote on the Variance as proposed. Herb stated the lots are very restricted, and the ordinance cannot be applied to them as written. Franz stated the ordinances do need to be looked at. Jason asked for a motion to accept the Variance as originally proposed. Franz voted nay, Herb voted Yes, Jason voted Nay. The Variance as written is Denied. The Variance with the conditions is Granted.

New Business

Correspondence/Reports

• Jason read email from Harry Power requesting copies of preliminary meeting minutes. He also referred to the Pratt Hearing regarding a statement in the minutes about proving a measurement of 2.5 rods as the width of Kings Highway. The Board feels a discussion on the minutes can be made during the October 17, 2019 meeting.
• Mr. Johnson gave the floor to Brian Pratt who stated he had a quick question regarding a building permit to begin construction on his garage. Jason explained case law as it pertains to Variances according the December 2018 Zoning Board Handbook put out by the State of New Hampshire, there is one standard or reason for Hardship which is that “it must be unique to the parcel of land”. There is no reason for Hardship in the Pratt case. Jason stated Brian can build the building 11 inches back onto the current slab which will meet conformity or he can re-measure the Board’s measurements with the Compliance Officer. Mr. Pratt asked Harry to meet with him to remeasure the distance from the stonewall.

Old Business

A Motion was made by Herb to adjourn. The Motion was seconded by Jason. The Motion passed unanimously. The meeting adjourned at 9:22 pm. The next meeting will be October 17, 2019 at 7:30 pm at the Stoddard Town Hall.

Respectfully submitted,

Kathleen Ellis

Secretary to ZBA