TOWN OF HOLDERNESS
ZONINING BOARD
DRAFT MEETING MINUTES
HOLDERNESS TOWN HALL
HOLDERNESS, NH
November 18, 2008
CALL TO ORDER Chairman Barbera called the meeting to order at 7:08 p.m.
MEMBERS PRESENT: Mr. Barbera, Mr. Bass, Mr. Broom
ALSO PRESENT: Attorney John McCormack representing the Cooper Trust, David Driscoll, Scott Hobson, Mr. Day, David Lorch, Planner
APPROVAL OF
MINUTES The minutes of October 14, 2008. Vote was unanimous. Motion passed.
Case 306-11-08 –
Map 239 Lot 3
Loon Hollow Chairman Barbera introduced the application. Mr. Bass motioned to table the application until the next ZBA meeting to be held on December 9th at the town hall. The motion is based on recommendation by Town Attorney. Motion was seconded by Mr. Broom and motion passed unanimously.
Case 304-11-08 –
Map 247 Lot 058
Cooper Family Trust The Chairman introduced the application: Cooper Family Trust, Peter N. Cooper, Trustee, request for an equitable waiver of dimensional requirements from Article IV Section H-1 and H-5, property located at 220 Land Road. Attorney McCormack explained the intent of the applicant. He explained how the house happened to be build within the side and rear lot setback. He explained the history of the development of the lot and how the house was first located. Mr. Day the original owner explained the confusion of discovering several sets of pin on the ground left possibly left by previous subdivisions.
The abutter Mr. Hodson, explained that he had no objection to granting the equitable waiver. It was discussed that part of the parking area was actually located across the boundary in Mr. Hodson’s lot. He explained he had no objection to this either. Attorney McCormack explained that all matters between Mr. Cooper and Mr. Hodson have been previously settled to the satisfaction of both parties. The parking area was not paved and was not considered a structure and therefore not considered as part of the equitable waiver application. David Driscoll described what he knew of the property and what he understood of the sequence of events leading up to the application. The Board had no further questions.
The Chairman opened the public hearing and closed the public hearing. The Zoning Board went into deliberation.
A motion was made by Mr. Bass to grant an equitable waiver to Peter Cooper for the property located at 220 Lane Road tax map 247 lot 58. Mr. Broom seconded the motion, all voted in favor of the motion, the motion passed.
Case 304-11-08 –
Map 247 Lot 058
Cooper Family Trust Chairman Barbera introduced the next application: Cooper Family Trust for a variance to build a porch and deck within the lot setback. Mr. Driscoll described the present stage of construction of the new house. He then explained the need for the porch and deck to make the house architecturally appealing. He showed by way of design drawings, how the house would be incomplete without the requested structures. Mr. McCormack explained that Mrs. Cooper is frail and how the structures would help her to enter and exit the building. He also stressed how the two structures were necessary to finish the building.
Mr. Hodson, the abutter mentioned that he had no objection to the variance to add a porch and deck to the house. The Board finished inquiring about the proposed. The Board went into deliberation.
Mr. Broom made a motion to deny a variance to build a deck and porch attached to the house within the lot setback. Denying the variance does not impact the easement already in place, especially in regard to the parking area.
ADJOURNMENT Being no further business before the board, the motion was made and seconded to adjourn.
Respectfully Submitted,
David Lorch
Secretary Pro-tem
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