ZBA Notice of Decision

Posted on: April 25, 2023 - 8:04pm

Notice of Decision - Granted

Town of Stoddard

Zoning Board of Adjustment

Case No. 2023-0119

You are hereby notified that the appeal for a Variance to Article III Section I of the Stoddard Community Planning Ordinance of Terry and Mary Lee Quattlebaum to erect an accessory building on their property, located within the required 25-foot setback on property located at: 84 West Shore Circle in Stoddard, NH, Tax Map # 124, Lot #10   in the Lake District,  has been GRANTED by the affirmative vote of at least three members of the Zoning of Adjustment.

Findings of fact: Summary of the facts of the case discussed at the public hearing for the above appeal:

Criteria #1 and #2: Granting the Variance (1) would not be contrary to public interest & (2) the spirit of the ordinance would be observed. Both criteria are met by this project because:

  • Abutters are aware of his project and none have argued against the project.
  • The shed does not impact or over crowd the neighborhood.

Criteria #3.  Granting the Variance would do substantial justice because:

  • The new structure will allow the owner to properly store valuable tools, get them out of the weather and maintain them in good condition.
  • The new building is a more permanent building, replaces an inferior one and is a much better-looking building.
  • Proposed use is consistent with neighbors properties.

Criteria #4. Granting the Variance will would not diminish the value of surrounding property because:

  •  By replacing the old vinyl hut with an improved, nice looking more permanent shed, his property value will increase and by default, the neighborhood.

Criteria #5. Denial of Variance would create unnecessary hardship – Part A applies to this appeal; Part B does not apply as the Quattlebaums have been able to use the property as it is.

  •  Part 5A1. – There is not a fair and substantial relationship between the general public purpose of the ordinance and the specific application of that ordinance to this property  because
  • The lot is very constrained with substantial slope, narrow layout and large rocks. 
  • The removal of the trees and blasting of rocks would do more harm than good.  A person couldn’t utilize this property without expanding into the setback.
  • The lot predates the zoning laws and it would be unreasonable to apply the current laws to this lot.
  • Part 5A2. The proposed use is a reasonable one.
  • There is no overcrowding and the shed allows for proper use of his property to store valuable belongings and equipment.
  • The shed does not alter the character of the neighborhood.

Conditions:     NONE

 

Herbert Healy

Chairperson, Zoning Board of Adjustment

 

Date posted 04/25/2023

This approval shall be valid if exercised within two years from the date of final approval, and shall not expire within six (6) months after the resolution of a planning application filed in reliance upon this decision, as per RSA674:33, IV.

Note: The selectmen, any party to the action, or any person directly affected has a right to appeal this decision.  See New Hampshire Revised Statutes Annotated, Chapter 677 available online at www.NH.gov. This notice has been placed on file and made available for public inspection in the records of the ZBA.  Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Town Clerk, and Property Tax Assessor.