HOLDERNESS ZONING BOARD
SPECIAL MEETING
MEETING MINUTES
HOLDERNESS, NH 03264
July 14, 2004
MEMBERS PRESENT Mr. Bass, Mr. Rothchild, Ms. DiCosola, Mrs. Webster
OTHERS PRESENT Mrs. Bownes – Secretary for the Board
CALL TO ORDER Mr. Bass called the meeting to order at 7:00 p.m.
MINUTES It was moved by Mr. Rothchild, seconded by Ms. DiCosola to approve the minutes of the June 8, 2004. Vote was 3 - 1 (Mrs. Webster abstaining) - 0. Motion carries.
It was the consensus of the Board to table the minutes of the June 9, 2004 meeting to the next meeting of the Board.
PUBLIC HEARING Mr. Bass advised that this is an application for a Variance
Case #282-07-04 from Article VI, Section B, Article VI, Section II. He
Tax Map 245-37 stated that this variance is requested to replace a (mobile
David & Dawn Hubley home) second dwelling on one lot (grandfathered), destroyed by fire, with a stick built structure of less square footage.
Mr. Hubley and Mr. Jenkins came before the Board and explained that they are planning to construct a 24’ x 33’ single story house with an attached garage to replace an 800’ square foot mobile home (12’ x 47’) that had a 10’ x 14’ addition, 4’ x 3’ porch and 12’ x 7’ porch.
Mr. Hubley stated that this is to replace the mobile home that burned.
Mr. Bass asked if the garage is included in the 24’ x 33’ and Mr. Hubley stated that the garage was included in this. He presented plans from the builder for the Board’s perusal. He advised that structurally, he is building this for a garage, but for the moment it is planned to be used as living space. He said down the road it could be converted from living space to a garage.
Mr. Jenkins said that Mr. Hubley’s son was residing in the mobile home and the building being proposed in place of the structure that was destroyed is less square footage in terms of the overall footprint. Mr. Jenkins pointed out that the setback will be increased from what was grandfathered and therefore what is being proposed is more conforming than what existed prior to the fire.
Mr. Rothchild said that a drawing of what had existed must be submitted with a map of what is being proposed so the Board can make a decision.
Mr. Bass stated that this was denied for 2 reasons. He noted that this is was a grandfathered lot with two structures. He advised that you are permitted to replace the structure that was destroyed by fire with the same or essentially the same structure, but when you change the dimensions, then it becomes a question of whether it is more or less conforming than what you are changing from.
Mr. Bass said that if they are changing it from what it was, then the septic must meet current state standards.
The Board scheduled a walk over of the property for Tuesday, July 27, 2004 at 6:30 p.m.
Mr. Bass called for public and abutters input, none was heard.
It was moved by Mr. DiCosola, seconded by Mr. Rothchild to continue this hearing to the August meeting of the ZBA. Vote was unanimous.
CONTINUATION: Mr. Bass advised that this is a continuation of an
Case #281-06-04 Application for Variance from Article IV, Section H and
Thomas Beal/Laura Nash Article VI, Section A, B, C, & D. He stated that this was
Agent: Potter Maintenance a variance for increased cubic footage on a non-conforming
Map 241-15. lot.
No one was present to represent the application.
CONTINUATION: Mr. Bass advised that this is a continuation of an
Case #271-09-03, application for Variance from Article VI, Sections
Map 102-50, Tara A & D. He stated that this is for an expansion on a
DiSalvo-Moses and non-conforming lot.
Janette Saliba
Agent: Robert Eames Mr. Eames came before the Board in August of 2003 to discuss his plans for expansion on a non-conforming lot. Mr. Eames that at that time it was discovered that an abutter had not been notified. Additionally, he said he had asked for a continuance to July because he was in Florida for the winter.
Mr. Eames stated that the lot is non-conforming. He reported that he is asking for a special exception because of the setbacks at the property. Mr. Eames reviewed maps of the property with the Board.
Mr. Eames stated that the lot is heavily wooded and if they are able to add on to the shed that exists, then only one, possibly two trees would have to be removed.
Mr. Eames submitted a copy of a letter dated September 29, 2004 from an abutter, Scott K. Keefer, stating that he has no objection to the proposal.
The Board advised that they had previously done a walk over of the property. Mr. Bass said that this addition is for additional storage and Mr. Eames said it will not be heated or have electricity. He noted that it will be attached to the existing shed.
Mr. Bass said that this would fall under an expansion of a non-conforming use. Mr. Bass reported that this is a very heavily wooded lot.
Mr. Eames said that they did have a carport previously attached to it and as his parents aged, they could no longer climb the stairs to the bedroom. He said that this being the case, they had to convert the carport into living space at that time.
Mrs. Webster pointed out that the ordinance does not provide for any expansion in a setback (page 27, 6, Section B, IE).
Mr. Bass said that when this application was filed, it was under the previous ordinance.
Mr. Eames emphasized that this is not an addition of living space and is to be located in a wooded area, which would not make it visible.
Mr. Rothchild said that his concern is that the reason for hardship needs to be better than what it is.
Mr. Bass reviewed the definition of hardship.
Mr. Eames said that the hardship is involved with having to leave a vehicle out in the yard during the harsh winter.
Mr. Eames again pointed out that he is not asking for additional living space.
Mr. Bass suggested the possibility of a use easement of 15’ from Golden Shores. He said that this would technically move him out of the setback.
The Board said that based on the information in this application the criteria of hardship does not appear to be met.
It was moved by Mr. Rothchild, seconded by Ms. DiCosola to continue this hearing to the August meeting. Vote was unanimous.
ADJOURNMENT At 8:15 p.m. it was the consensus of the Board to continue the meeting to the next regular meeting as earlier motioned.
Respectfully Submitted,
Karen A. Bownes
Recording Secretary
Board Works
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