30 PAYSON HILL ROAD,
RINDGE, NH 03461
Tel. (603) 899-5181 X100 Fax (603) 899-2101 TDD 1-800-735-2964
PUBLIC HEARING MINUTES
May 23, 2017 Approved 8/22/17
Members Present: Marcia Breckenridge (Vice-Chair),
William Thomas, Phil Stenersen
Alternates: Joseph Hill MD, Cynthia Childs
Recusal: none
Absent: David Drouin, Janet Goodrich and Rick Sirvint
Others Present: Dave DuVernay, Roberta Letourneau, Candice Starrett, Kenneth Raymond, Craig Hoyt, Mathew Denaro and Matt Despres
Hill read the case before the board.
Case #1097: Rindge Historical Society, Inc., 24 School Street, Rindge, NH 03461, for property located at 24 School Street, Rindge NH, Map 27 Lot 13-1 in the Village District for a Variance from Article VI, Section C2 of the Rindge Zoning Ordinance to construct a porch to replicate the previous one from many years ago.
Childs summarized the relative ordinance Article VI, Section C2.
Sitting on this case were: Marcia Breckenridge, Bill Thomas, Phil Stenersen, alternate Joe Hill and alternate Cynthia Childs.
Roberta Letourneau spoke for the Rindge Historical Society. The Society is requesting to construct a porch similar to the original porch that existed may years ago she presented a picture of the original
porch. Letourneau stated that there is no protection from the weather on the north side of the building which is where the porch would be built.
The weather is causing the doors and the windows to have rot and damage. If the porch is built, it help prevent this damage. She also stated that the porch would add access to the kitchen area and would also put them in compliance with the ADA. (American with Disabilities Act)
Letourneau stated that the museum is used for school projects, holiday visits, and that various groups use the building for meetings such as: The DRA and the Chamber Of Commerce.
Breckenridge asked how many people visit the museum? Letourneau did not have an exact count but said that there is a visitation book that people can sign.
Breckenridge asked if there was any compliance with ADA now, and Thomas followed up by asking if they had an entrance ramp for the disabled now. Letourneau said they did not.
Thomas also asked about the bulk head on that side of the building. Letourneau states that it has been replaced several times for rot due to no protection from the weather.
Stenersen asked about the setbacks. Letourneau stated that it is 31 feet from the corner of the house and 25 feet in front of the house. Stenersen also asked who owns the building and what is the Historical Society. Letourneau replied that the Historical Society is a group of members and volunteers of the town of Rindge and is a non-profit organization that helps to collect the artifacts of the town and preserve the history of the town and the building is owned by the town.
Duvernay mentioned that the porch could be considered as grandfathered in. He also stated that it would give the handicap access to the building.
Craig Hoyt mentioned that the porch would also help the aesthetics of the house and Denaro also mentioned the siding would be protected and that it would help keep the school kids out of the weather when visiting on rainy days. Letourneau also said the 250th anniversary of the town is coming up and they would like to enhance the looks of the building for the event and make it worthy of town viewing.
Stenersen moved with Breckenridge seconding to move to Deliberative phase.
Vote 5-0
DECISION TREE FOR A VARIANCE
1. The variance would not be contrary to the public interest because: Assist in meeting ADA requirements for access
Vote: 5-0
- Granting the variance would do substantial justice because: no gain to public by denying it and would return the building to previous state.
Vote: 5-0
3. The variance would be consistent with the spirit and intent of the Rindge Zoning Ordinance because: restores and preserves the building and helps meet the ADA requirements and is consistent with the spirit
of the zoning ordinance.
Vote: 5-0
4. Granting the variance would not diminish surrounding property values becauseit is consistent with earlier period of Rindge Center setbacks and approves appearance
Vote: 5-0
5. Special conditions do exist on the property that distinguish it from other properties in the area, such that literal enforcement of the ordinance results in unnecessary hardship. The building is too close to the road and within the set backs
Vote: 5-0
5a. No fair and substantial relationship exists between the general purposes of the Zoning Ordinance provision(s) and the specific application of the provision(s) to the property because: NA
Vote:
AND
5b. The proposed variance would be a reasonable one because: the porch cannot be built without a variance and the purpose is to restore a historical building
Vote: 5-0
MOTION: Stenersen moved to grant the Variance because all five criteria have been met. Hill seconded the motion. Vote: 5-0
The Variance has been GRANTED.
Incorporate by reference the approved minutes of May 23, 2017
Vice Chairman Breckenridge advised the applicant of the 30 day appeal process.
Childs will read the case before the board.
Case #1098: John DeMauro, 32 Kawl Road, Rindge, NH 03461 for property located at 32 Kawl Road, Rindge NH Map 49, Lot 20-2 in the Residential District for a Variance from Article IV Section B2 of the Rindge Zoning Ordinance to permit construction of a 17’ x 28’ deck.
Hill will summarize the relative ordinance Article IV Section B2.
Sitting on this case will be: Marcia Breckenridge, Bill Thomas, Phil Stenersen, alternate Cynthia Childs and alternate Joe Hill.
Mack Despres represented Mr. DeMauro, he stated that the house is on a class 6 road. The house has an existing porch already and they are requesting to make a deck from the house to the garage. The house and the garage are side by side. Breckenridge asked if this would be an enclosed deck and Depres said it was not.
Depres provided a picture of the house.
Hill asked if the front part would remain 44 feet from the road and the porch would still be 6 feet wide. Despres answered yes.
At this point there was discussion whether this request was a special exception or a variance. Breckenridge asked if this request was changed to a special exception would it follow all legal aspects. DuVernay said request would follow the special exception requirements. Despres requested that a verbal request for special exception be granted. Breckinridge asked to have the request put in writing and Despres agreed to do so. Breckenridge made the motion and Thomas seconded to change this request to a special exception.
Thomas moved to go to deliberation and Hill seconded.
DECISION TREE FOR SPECIAL EXCEPTION
- The Board finds that the use will not create excessive traffic, congestion, noise, or odors.
On these issues, the applicant provided evidence that: the number of people does not change
Vote: 5-0
- The proposed use will not reduce the value of surrounding properties.
On these issues, the applicant provided evidence that: adding the deck will improve the property value
. Vote: 5-0
- There is adequate sewage and water facilities, and sufficient off street parking is provided by the applicant.
On these issues, the applicant provided evidence that: no effect, building the deck will not change sewage, water and off street parking.
Vote: 5-0
- The proposed use will preserve the attractiveness of the Town.
On these issues, the applicant provided evidence that: it will improve the attractiveness
Vote: 5-0
Childs made the motion and Thomas seconded to grant a Special Exception without any special conditions
Vote: 5-0
Therefore, the Special Exception is Granted.
Incorporate by reference the approved minutes of May 23, 2017.
Approval of minutes for April 25, 2017 with corrections.
Reviewers for June Hearing are Hill and Thomas. Cutoff date is Tuesday, June 6, 2017 for meeting on June 27, 2017
There was a brief discussion about Susan Hoyland wanting to give up her position as the ZBA secretary and more discussion will be at the next ZBA meeting when all members are present.
Motion for adjournment was made by Thomas and seconded by Stenersen. Time of adjournment was 8:10.
Respectfully submitted,
Patricia Hildreth, Clerk