BOARD OF ADJUSTMENT

 

 

November 7, 2007

Case # 365

 

Bill Kaiser, Jim Cubeddu, Bob Murray, Tony Lyon and Niel Hansen were present.

Barbara Wood also present.

 

Robert Hennessy of Tuftonboro Neck Rd. seeks an area variance, 4.2 footnote 3. Subdivide lot with insufficient lot requirements.

 

Bob read particulars of the hearing. Abutters present were Santulli, Christian, Zedalis, Woytozek. Mr Hennessy present, Jim Rines of White Mountain Survey presenting for applicant.

The applicant has approximately  a 13 acre parcel that he was considering clustering which the property would accommodate 10 house sites. There were two abutters very interested in purchasing some of that land for protection as boundary line adjustments. Allen and Farrell. Mr Allen wanted enough so that he could upgrade his septic to 7 bedrooms and maybe put a second dwelling on the property. Mr Farrell wants to preserve the land abutting him as is. The Mirror Lake Post Office (Mr Hennessy owns the PO building & leases it)  sits on this property so they would like it to have a lot of it’s own. The property is in the Lakefront zone with the exception of about 40’ by the PO that is LDR zone. The PO lot would have to conform to the LDR zone which is 2 acres of contiguous non wetland. The whole piece of property has a lot of wet areas and to make it work for Allen after test pits etc. have been done a minimum for him would be 1.53 acres. Allen’s lot will stay Lakefront. The PO lot would be 2 acres but only 1.31 of contiguous non wetland. It would have more than enough road frontage. The other two lots would be part their existing frontage on the water. Allen’s lot would be more conforming then it is now, less then ˝ acre. The variance is asking for relief of the 2 acre contiguous non wetland.

The abutters had concerns about what could be built on the 2 acre parcel. The PO lease is up for renewal in 2 years. If not renewed a house could be built on that lot, it would be like any other lot in Town.  The existing septic is believed to be behind the PO, a new septic could be build across Christian Cove Rd within the 2 acres. The configuration of Allen’s lot was determined by a 7 bedroom design and setbacks. Farrell’s would purchase the remaining land  and preserve it as it is. Mr Hennessy does have a purchase sale and agreement with abutters. No other questions? Public Closed.

Jim Rines read applicants answers to the 5 criteria questions for a variance ( see file).

Bob wanted to clarify that if this 2 acre lot is divided off it would then be totally LDR zone. Correct because Lakefront zone is the first 600’ or a lot line which ever comes first.

Niel  interjected that the Post Office could close.

Questions: # 1 Diminish the surrounding property. All agreed it would not.

# 2 Contrary to the Public Interest. All agreed it is not contrary, it is zoned residential and would stay that way.

# 3 Denial would be an unnecessary hardship. Jim felt that the 40’ difference in the zone is all that is driving this variance and to deny would be a hardship. All agreed.

# 4 Substantial justice. All agreed.

# 5 Not contrary to the spirit of the ordinance. All agreed not contrary.

 

Jim made motion to grant variance with the condition that Mr. Hennessy provide P & S from Allen Trust. Niel 2nd. All in favor.

 

Hearing Adjourned.

 

 

 

 

Board reviewed the budget for 2008. Small increase. The biggest expense is an in and out. Postage and public notices which are paid for by the applicant.

 

Chairmanship. Discussed a rotating chairmanship. Tony and Bill did not think that was a good idea. Jim felt you should not “ change boats in a hurricane”. Niel felt Bob does a good job running a meeting.

Jim made motion for Bob to continue as Chairman. Niel 2nd. All in favor. (Barbara agreed).Motion was made for Jim to continue as Vice Chair. All were in favor.

 

Jim moved to increase abutter fee to $5.00 from $3.00 immediately, certified mailing has increased. Tony 2nd. All in favor.

 

Minutes of October 10, Case # 360 and 361. Nile moved to accept as written. Bill 2nd. All in favor.

 

Board scheduled a hearing for Nov 28th. They felt the Fire and Police Chief should be made aware of the hearing.

 

Meeting Adjourned 8:30PM

 

Jackie Rollins