APPROVED

 

TOWN OF PELHAM

ZONING BOARD OF ADJUSTMENT MEETING

July 9, 2012

 

The Chairman David Hennessey called the meeting to order at approximately 7:00 pm.

 

The Secretary Robert Molloy called roll:

 

PRESENT:

 

 

ABSENT:

David Hennessey, Robert Molloy, Svetlana Paliy (arrived after the meeting commenced), Peter McNamara, Alternate Chris LaFrance

 

Kevin O’Sullivan, Alternate Lance Ouellette, Planning Director/Zoning Administrator Jeff Gowan

 

Mr. LaFrance was appointed to vote in Mr. O’Sullivan’s absence. 

 

CONTINUED HEARINGS

 

Case #ZO2012-00012  ZAWASZKI, Henry & Charlotte  -  4 Woekel Circle  /  Map 31 Lot 11-295 – seeking a Variance to Article III, Sections 307-7, 307-8 (C), 307-12 & 307-14 – to permit construction of a year round single family dwelling on a lot where conformity to the zoning ordinance is required; where a non-conforming use will be extended; where dimensional requirements for lot size and frontage are required; and where 200 feet frontage on a public right of way is required in the Residential district. 

 

Mr. Hennessey explained to the applicant that with four Board members present, an approval would require three members to vote in the affirmative.  He asked the applicant if he would like to have his case heard or continue the case to the next meeting of the Board.  The applicant, Mr. Henry Zawaszki stated he would like to have his case heard. 

 

The site walk minutes were not in the case file.  Mr. Hennessey explained that a pole was on site that showed the height of the proposed building.  He said abutters were present on site that had not been at the Board’s meeting.  There was no opposition to the proposal from anyone at the site walk.  In looking at the height of the proposed building, it came to approximately 23ft.-24ft.  No one’s immediate view was blocked.    

 

Ms. Paliy arrived. 

 

Mr. McNamara asked if the proposed height conform to the plan’s specifications.  Mr. Hennessey answered yes.  Mr. McNamara asked if it would be acceptable to all parties if the Board imposed an approval condition for a height restriction.  There was no objection.  Mr. McNamara made a motion to restrict the building height to 25ft.  Mr. Molloy seconded the motion.  Mr. McNamara wanted to ensure that the applicant’s plans conformed to the height that they proposed.  Mr. Zawaszki had no objection. 

 

MOTION:

(McNamara/Molloy) To restrict the height of the building to 25ft.

 

VOTE:

 

(5-0-0) The motion carried. 

 

Ms. Paliy stated she didn’t believe in restricting height to accommodate somebody behind a property for a view they didn’t own.  She said if a person wanted a view, they should purchase the property.  In this case she would go along with the request because the owner was fine with the condition.  Mr. Hennessey said they had issues with people constructing buildings approximately 30ft. in height, which he didn’t feel was appropriate for that shore line.  Ms. Paliy felt there were two separate issues: 1) appropriate building heights; and 2) if a person owned a view.  She didn’t feel a person owned something they didn’t purchase. 

 

Mr. LaFrance asked what the company indicated the building height to be.  Mr. Zawaszki said they had a measuring stick of 25ft. on site, and the statement was the building height was usually 24ft.  He said the letter from the log home company said the height should run 21ft. -22ft.  Mr. Hennessey believed the applicant would be fine.  He noted that the height restriction was from the grade of road. 

 

There was no public input.

 

BALLOT VOTE:

 

Mr. Hennessey – Yes to all criteria; including height restriction

Ms. Paliy – Yes to all criteria

Mr. Molloy – Yes to all criteria

Mr. McNamara – Yes to all criteria; with 25ft. height restriction.

Mr. LaFrance – Yes to all criteria

 

VOTE:

 

(5-0-0) The motion carried.

 

 

 

VARIANCE GRANTED

 

MINUTES REVIEW

 

MOTION:

(Molloy/LaFrance) To approve the June 11, 2012 meeting minutes as written.

 

VOTE:

 

(5-0-0) The motion carried. 

 

ADJOURNMENT

 

MOTION:

(Molloy/McNamara) To adjourn the meeting.

 

VOTE:

 

(5-0-0) The motion carried. 

 

The meeting was adjourned at approximately 7:14 pm.

Respectfully submitted,

                                                                                                Charity A. Landry              

                                                                                                Recording Secretary