Tuftonboro Zoning Board of Adjustment

 

Minutes from September 5, 2007 meeting

 

ZBA Members present:

Bob Murray (Chair), Tony Lyon, Bill Kaiser, Neil Hansen, Jim Cubeddu

 

Others in attendance:

Jack Parson (Tuftonboro Code Officer), Kathy Dietz, Jim Rines, Mary Purchanski, Ellen Watts, Judy Krause

 

Case #362: David & Katherine Dietz of Sawyer Point Road request a variance

 

Jim Rines (White Mountain Survey) presenting for the applicant explained the plan: raze existing house and rebuild on existing footprint.  Variance requested because seven square feet would sit within 50-foot setback of the shorefront buffer.  The rebuild would remove 62 square feet of living space and 128 square feet of deck space from preexisting structure, thus a net reduction.  

Questions: Could the design have been moved or rotated to conform?  No – doing either still violates setback or exacerbates the violation.  How is footprint defined?  In this instance, new decking will be built over old decking, there is no conversion of decking to living space.  Maximum coverage is 20% of lot by structures, what about this proposal?  Applicant demonstrated this proposal is well below that threshold.  Public session was closed.

Review of variance criteria:

  1. Granting of variance will not adversely affect property/diminish value of surrounding: All ZBA members agreed
  2. Granting of variance would not be contrary to public interest: All ZBA members agreed
  3. A hardship exists:  All ZBA members agreed (please see documentation from applicant)
  4. Not to grant variance would result in injustice: All ZBA members agreed
  5. The spirit and intent of the Ordinance will not be broken: All ZBA member agreed

 

Bill Kaiser moved that the variance be approved per the application, second from Neil Hansen.  All ZBA members voted in favor.  Variance granted. 

 

Case #363: Jon James LLC of Cow Island request a variance

 

Mary Purchanski presented the application and explained the plan: construct two roof dormers on a house that is preexisting, nonconforming with setback (shoreline buffer).  Goal with this change is to provide light and ventilation to an upstairs bedroom.  Questions: Will dormers extend beyond roofline?  No.  Is there a plan to add a bedroom?  No.  Is septic approval needed?  No – not changing/adding bedrooms.  Noted that pending approval, windows will need to have at least 5.7 square feet of clear opening (820 square inches) to meet code. 

Review of variance criteria:

 

  1. A hardship exists:  All ZBA members agreed
  2. The spirit and intent of the Ordinance will not be broken: All ZBA member agreed
  3. Granting of variance will not adversely affect property/diminish value of surrounding: All ZBA members agreed
  4. Not to grant variance would result in injustice: All ZBA members agreed
  5. Granting of variance would not be contrary to public interest: All ZBA members agreed

 

Jim Cubeddu moved to approve the variance, and to also include a second dormer (not part of original application), and that they not exceed existing footprint.  Second from Bill Kaiser.  All ZBA members voted in favor.  Variance granted. 

 

Other Business:

Minutes from August 22, 2007 meeting reviewed, motion to approve from Neil Hansen, second from Tony Lyon, all in favor (Jim Cubeddu abstained). 

 

 

Minutes taken by John B. Cook