DUNBARTON ZONING BOARD OF ADJUSTMENT
MONDAY, FEBRUARY 3, 2003
TOWN OFFICES – 7:00 P.M.
The regular monthly meeting of the Dunbarton Zoning Board of Adjustment was held at the above time, date and place with Chairman John Trottier presiding. The following members were present:
John Trottier, Chairman
Alison Vallieres, Secretary
David Nault
Ron Slocum, Alternate
John Van, Alternate
Scott Ives, Alternate
The Chairman verified with the Secretary that the meeting notice had been posted in a timely fashion in three public places throughout the Town and published in the Concord Monitor for one day.
Scott Ives made a motion that the Dunbarton Zoning Board of Adjustment accept the minutes of the previous meeting of Monday, November 18, 2002 as written. The motion was seconded and passed unanimously.
7:10 p.m. – PUBLIC HEARING FOR A REQUEST FOR A VARIANCE TO ARTICLE 9, SECTION 2 OF THE DUNBARTON ZONING ORDINANCE FROM MARK KILMISTER (F3-1-10) TO ALLOW HIM TO RENOVATE A PORTION OF HIS HOME WHICH IS CLOSER THAN THE REQUIRED 40 FEET FROM THE BOUNDARY AT HIS PROPERTY ON 60 BARNARD HILL ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH
Mark Kilmister, Applicant, appeared before the Board with a plan showing the proposed renovation. He also presented a certified plot plan of the property. The blowup showed the existing footprint of the building and the green area showed what he proposes.
He stated he had purchased the property from his grandfather, Archie Gourley, who had lived there since 1963. Prior to that the house had been used as a summer camp which was built in the 1940’s.
He stated he would like to change an existing two season porch into an expanded kitchen. He would plan to put in a full foundation in place of what was there now. Presently, this portion of the house is already within the setback because it was built in the 1940’s.
He stated there is a new septic system in the back which was put in nine years ago along with an artesian well.
The existing structure is 27.9’ from the line and the proposed new kitchen would be 25 feet from the boundary line.
Ron Slocum asked what class road this was and what was the chances of widening, etc. in the future.
The Board noted it was a Class V road and the stone wall was about ten feet off the pavement so there sufficient room for widening, etc.
Abutters were read as follows and noted that all had been notified by certified mail:
James and Marie LaChance – Not Present
David and Andrea Lingley – Not Present
Robert and Laurie Waldron – Not Present
Jeff and Marcia Trexler – Present. Stated he had seen the plans and has no objections and feels it is a reasonable request. Encroachment is minimum and would improve surrounding property values as well.
Mrs. Paul Kilmister – Not Present. Applicant stated this was his mother and if she could she would be present to say good things about him.
Dennis and Linda Beaulieu – Present. Stated he was the closest to Mark . Stated he had no objections to the Variance.
The Board noted that the applicant must address all the questions necessary for the granting of the Variance as follows:
a. No diminution in values of surrounding properties would be suffered;
Applicant – Stated that he did not believe so. Stated he was not changing anything.
b. Granting the variance would be of benefit to the public interest;
Applicant – Would be in the public interest because the Fire Department wouldn’t have to come down to chase out the squirrels that are chewing wires, etc.
c. Denial of the variance would result in unnecessary hardship to the owner seeking it;
Applicant – Don’t want to build another house. Have looked into land, etc. Seems to make sense to improve the property I already have.
d. Granting the variance would do substantial justice; and
Applicant – Stated they have tried to be good neighbors and pay our taxes and keep our lawn less than 9” high, etc.
e. The use would not be contrary to the spirit of the Ordinance.
Applicant – If Archie Gourley were here, he would have dragged the building back with a tractor, etc. and then added on. I used to go sliding on Barnard Hill Road when there was only one house.
Discussion:
The Board agreed amongst themselves that they did not feel this request was a problem. There is minimal encroachment on the property line.
Scott Ives stated this was a reasonable request.
John Van stated he did not have a problem with the request.
At this point in the meeting, John Trottier noted that the following members would be voting:
John Trottier
Alison Vallieres
David Nault
Scott Ives
Ron Slocum
MOTION:
David Nault made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Variance to Article 9, Section 2 of the Dunbarton Zoning Ordinance from Mark Kilmister (F3-1-10) to allow him to renovate a portion of his home which is closer than the required 40 feet from the boundary at his property on 60 Barnard Hill Road in the Medium Density District in Dunbarton, NH and that the setback to the east of the new portion of the building to be no closer than 25 feet from the boundary. Alison Vallieres seconded the motion and it passed unanimously.
OTHER BUSINESS:
At this point in the meeting, Bruce Vaal, Building Inspector, appeared before the Board. He stated he had several questions for the Board relating to his father’s property, Al Vaal. He stated his father is considering selling the property and wants to know what he can tell potential new owners.
He stated that his father has a four apartment building along with a Special Exception to have a Real Estate Office in the building. He also had applied for a Special Exception years ago for a restaurant. This was never finalized and no Special Exception was granted. He asked if his father could tell people who were looking at the property that they could have a Bed and Breakfast.
The Dunbarton Zoning Board of Adjustment stated that the only business that could be operated would be the Real Estate Office. If any other type of business was considered, they would have to apply for another Special Exception for whatever use it was they wanted to do.
The Secretary presented a draft deed from Frank Bolton to the Town of Dunbarton. (attached) The Board reviewed the stipulations and agreed that these were the same stipulations that were included in the motion to approve on October 21. 2002. The Secretary will call Frank Bolton and tell him to go ahead with his deed.
There being no further business, the meeting adjourned at 8:15 p.m.
Respectfully submitted,
Alison R. Vallieres
Secretary