DUNBARTON ZONING BOARD OF ADJUSTMENT – 2003

 

The Zoning Board of Adjustment is scheduled to meet on the second Monday of each month and met as business required during 2003.  The following cases were heard:

 

VARIANCES

 

MARK KILMISTER (F3-1-10) – Granted a Variance to allow him to renovate a portion of his home closer to the boundary than the required 50 feet at his property on 60 Barnard Hill Road in the Medium Density District in Dunbarton, NH.

 

DAVID PELLENZ (H2-2-2) – Granted a Variance to allow him to build an addition closer than the required 50 feet from the boundary at his property on 54 Ray Road in the Low Density District in Dunbarton, NH

 

GARY KING  (B4-3-1) – Granted a Variance to allow him to build an addition closer than the required 50 feet from the boundary and a second Variance to allow him to build an addition closer than 125 feet from the Wetlands District on his property located on 1175 Black Brook Road in the Low Density District in Dunbarton, NH. 

 

REQUEST FOR A REHEARING FROM STEVEN AND KAREN COHEN AND FIVE RIVERS TRUST – Granted a Rehearing to hear Gary King Request to grant him  a Variance to allow him to build an addition closer than 125 feet from the Wetlands District on his property located on 1175 Black Brook Road in the Low Density District in Dunbarton, NH. 

 

STEVEN AND KAREN COHEN AND FIVE RIVERS TRUST  – Denied an appeal of the Dunbarton Zoning Board of Adjustment’s decision allowing Gary King a Variance to allow him to build an addition closer than 125 feet from the Wetlands District on his property located on 1175 Black Brook Road in the Low Density District in Dunbarton, NH. 

 

JEANNINE DESRUISSEAUX (K1-7-3) – Granted a Variance with conditions to allow her to build a 16’ x 16’ deck closer than 50 feet from the boundary at her property and a second Variance to allow her to put a structure closer than 125 feet from the Wetlands Conservation District located at her property on 21 Karen Road at Gorham Pond in the Low Density District in Dunbarton, NH. 

 

MICHEL BELANGER (J1-2-5 & I1-3-1) – Request for two Variances (one for each lot) to Article 4, Section B. to commit two tracts to be individual building lots, not to be subdivided further, with less than 300 feet of frontage on a class V road at his property located on South Hopkinton Road and New Road in the Manufactured Housing District in Dunbarton, NH.  Application is still pending before the Dunbarton Zoning Board of Adjustment.

 

US CELLULAR (RICHARD AND NICOLETTE HECKER (C3-5-7) – Request for a Variance to allow them to construct and operate a 180 foot free standing tower with 12 panel antenna and a 12’ x 20’ ground equipment building at their property on 12 Powell Lane in the Low Density District Dunbarton, NH.  Application is still pending before the Dunbarton Zoning Board of Adjustment.  This application has taken considerable time to process.  The application has been on the agenda since July.  A private consultant has been hired to advise the Zoning Board on Cell Tower laws and regulations.  A decision will be made after the consultant’s report is submitted. 

 

VAAL FAMILY REALTY TRUST (ALFONS VAAL) (E3-5-6) – Granted a Variance to allow him to replace an existing failed septic system with a larger state approved system closer than the required setback at his property located on 1007 School Street in the Village District in Dunbarton, NH. 

 

EDWARD J. COLBURN (CLARA M. SHELTON REVOCABLE TRUST) – Request for a Variance to allow him to repair a septic system closer than the required 50 feet from the boundary at property on 8 Holiday Shore Drive at Gorham Pond in the Low Density District in Dunbarton, NH.  It was determined at the Public Hearing that a Variance was also required from the Wetlands Conservation District.  The Application is still pending before the Dunbarton Zoning Board of Adjustment.

 

THERESA TOLMAN (I3-3-24) – Granted a Variance to allow her to construct an addition to her home closer than 50 feet from the boundary at her property on 275 Stark Highway North in the Low Density District in Dunbarton, NH.

 

 

ADMINISTRATIVE APPEAL

 

HERB AND LARAINE ALLEN –  Administrative Appeal  regarding Building Permit Approval  issued to E. Douglas Ryan (Permit No. 121-2002) granted on January 16, 2003  (Pages Corner Convenience Store) to allow him to start construction on a convenience store located on Route 77 (Concord Stage Road) in the Manufactured Housing District in Dunbarton, NH.   The Dunbarton Zoning Board of Adjustment made two decisions as follows:

 

1.       Granted the request from Herb and Laraine Allen that Building Permit #121-2002 is ruled invalid because it does not address all conditions required by both the Zoning Board and Planning Board and a new permit be issued stating all the requirements of both the Zoning Board (1992) and Planning Board (1993) in addition to all of the Building Inspector’s requirements which were included on the original permit.

 

2.       Denied the request from Herb and Laraine Allen that the applicant (E. Douglas Ryan/Thomas Thorne) must receive current site plan approval from the Planning Board. 

 

 

SPECIAL EXCEPTIONS

 

ROGER AND DAVID NAULT (B6-2-10) – Denied a Special Exception to allow them to construct an accessory apartment at their property on 1274 Montalona Road in the Low Density District in Dunbarton, NH.

 

ROGER AND DAVID NAULT (B6-2-10) – Denied an Appeal denying them a Special Exception to allow them to construct an accessory apartment at their property on 1274 Montalona Road in the Low Density District in Dunbarton, NH

 

DAVID NAULT (B6-1-13)  Requested a Special Exception to allow him to construct an accessory apartment at his property on 1269 Montalona Road in the Low Density District in Dunbarton, NH.  The application is still pending before the Dunbarton Zoning Board. 

 

LOUIS AND ANNA CHAN (H5-1-1) – Request to allow a Planned Residential development (PRD), Article 6 of the Dunbarton Zoning Ordinance to allow them to subdivide a lot into a Planned Unit Development creating 9 new house lots, one existing house lot and one open space lot for a total of eleven (11) lots at their property located on Gile Hill Road in the Low Density District in Dunbarton, NH.  The application is still pending before the Dunbarton Zoning Board. 

 

REDML DEVELOPMENT, LLC (ROBERT AND DOROTHY PERRY) (D6-3-11) – Request to allow them to construct four buildings consisting of 16 condominium units of a Planned Residential Development for Adult Housing at their property on Morse Road in the Low Density District in  Dunbarton, NH.  Applicant withdrew the request. 

 

BELINDA LAURIE/ERMA HODGMAN (G4-2-1) -       Request to allow them to have a second hand/craft store at property on 50 Grapevine Road in the Low Density District in  Dunbarton, NH.  Applicant withdrew the request. 

 

JAMES AND KIMBERLEY BOWEN (E5-3-11) – Request to allow them to use a fenced in area of property for a dog training business at their property located at 240 Robert Rogers Road in the Low Density District in Dunbarton, NH.  Applicant withdrew the request. 

 

In addition, the Dunbarton Zoning Board of Adjustment spent considerable time in working on proposed zoning amendments for both 2003 and 2004. 

 

In considering an appeal, the Board must act on the evidence before it and make its decision.  In making its decision, the Board often stipulates certain restrictions, which the appellant must adhere to.  In any case involving a conflict of interest with a Board member, the Alternate member sits with the Board of Adjustment.  The member with the conflict of interest is excluded from all deliberations and the vote on the decision.  The Board of Adjustment must act within the limits set by the Dunbarton Zoning Ordinance and enforcement of its decisions rest with the Selectmen. 

 

                                                                                                                Respectfully submitted,

                                                                                               

                                                                                                                John Trottier, Chairman

John Herlihy, Vice Chairman

                                                                                                                Alison R. Vallieres, Secretary

                                                                                                                Gertrude Dulude

                                                                                                                David Nault

                                                                                                                John Van, Alternate

                                                                                                                Ron Slocum, Alternate