ZBA Minutes 10.03.12

TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT
P O BOX 436
BRADFORD, N.H. 03221
OCTOBER 3, 2012
7:00PM

Call to Order and Roll Call:

Brooks McCandlish, Chair called the meeting to order at 7:00pm with Andrew Pinard, Nancy McEachern, Denise Renk arrived at 7:12pm, George Cilley, Alternate and Marge Cilley, Secretary.

Motion was made by Andrew Pinard to appoint George Cilley to fill a permanent seat on the Zoning Board of Adjustment until March town meeting, filling the vacated seat of Bill Glennie. Seconded by Nancy McEachern. Motion carried 3-0.

Review and Consideration of the September 5, 2012 minutes:

Andrew Pinard pointed out on page 1, under Bill Glennie, typo of the word special.

Page 4, under Bill Glennie, first line typo of the word recused, and George Cilley added that it should state adding a deck, not porch.

Brooks McCandlish advised he has some additional information which will not change the minutes.

Motion was made by Nancy McEachern to approve the minutes with the edits.

Seconded by Andrew Pinard. Motion carried 4-0.

Public Hearing – William & Belinda Glennie – Massasecum Avenue – Special

Exception for a deck. Map 22, Lot 52:

Bruce McCandlish, Chair opened the floor for the Public Hearing for William and Belinda Glennie for a Special Exception to build a deck on their property. Mrs. Glennie advised the plan is as drawn by Mr. Glennie with the addition of steps and a railing eventually, after the gardens have been completed.

Andrew Pinard read the Application for a Special Exception for William and Belinda Glennie, dated August 22, 2012, on property consisting of seven acres with approximately two acres of open space. Proposal is to build an unroofed open deck on the front of the house. The lots on either side of the property would be an average of 36.5 feet and with the proposed construction it would be 42 feet from the center line of the road. The deck would be further away than the average depth on either side of the property according to the application.

Comments were read from the Department Heads that responded.

The following anonymous note, as written, on the Public Notice received by an abutter was read by Brooks McCandlish. This was recived on Sept. 11, 2012

The sitework & foundation, were finished on the 10th, and the porch was under construction on the 11th. Why bother with this and the expense of mailing it and the inconvience of going to the Post Office to sign for it, when its already built? An abutter.

Andrew Pinard stated that it sounds like construction is already under way and of course the applicant assumes any risk that failure of this board to approve it, might require the removal of the property. This indicates extreme confidence on the part of the applicant that it would be approved, but it is up to this board to permit it. It was also stated that the anonymous note writer was addressing the process, and not the actual case. Andrew Pinard reiterated that the cost for any applications for special exceptions or variances are at the risks of the applicants and not the town.

Brooks McCandlish, Chair advised he did visit the site

Motion was made by Andrew Pinard to approve the Application for a Special Exception as presented by William and Belinda Glennie for a deck on their property, Map 11, Lot 52, based on the fact that all the arguments presented by the applicant are reasonable and in the spirit of the Zoning Ordinance. Motion seconded by George Cilley

Motion carried 5-0.

Brooks McClandish, Chair closed the public hearing.

Special Exception Application Form – Update:

Discussion ensued. Brooks McCandlish, Chair stated they are working to make the application form a little more user friendly and more in conformance with the Ordinance. Andrew Pinard will re-organize and forward to the secretary to send to all members.

Other Business: Sue McKevitt- Pamphlets:

These are being worked on still by Sue. Andrew Pinard advised he is fixing part of the Website with the help of Cheryl Behr to make a contacts page, instead of the directory of local officials, and that will be a table based foremat that will have the names of everyone, e-mail contacts where appropriate which will all be on one page. This has been tabled for now.

Brooks McCandlish, Chair additional information regarding Industrial Communications – Map 6, Lot 103:

Brooks McCandlish, Chair brought up the minutes of the approval of Industrial Communications, and stated if any of the cases go beyond us, the courts will want reasoning. Brooks stated they should be in a written form. Brooks McCandlish, Chair advised he would like, with the approval of the board, to add to their file.

Brooks McCandlish, Chair submitted signed and dated additional record of the Statement of Reasons for granting variances to Industrial Communications to construct a wireless communications tower. This was discussed at length, and Andrew Pinard thanked Brooks for all the work he has put into this summation of data on Industrial Communications which will be included in their file.

Andrew Pinard stated that the current minutes are much more detailed than in previous years and in the minutes themselves, the discussion indicates the argument for or against. The documentation in the minutes taken currently has enough of that information, and the court could go back and find that information. Andrew Pinard questioned if this is duplicating efforts that are already occurring. Brooks McCandlish, Chair advised this is not a Notice of Decision, but additional rational that did not appear in the minutes. Discussion ensued.

Andrew Pinard advised he is not adverse to having the discussed additional record provided by Brooks McCandlish, Chair attached to minutes, but timeliness to having it attached to Notice of Decisions could be insurmountable. If the Chair would be interested in a summation like this for each case and considered for approval for the minutes, I am not against that per Andrew. The only place it really needs to go is in the file. It was stated that this is one person’s interpretation, and there could be as many interpretations as there are board members.

Much discussion continued. It was stated that if board members wished to sign such documents that is permissible.

Andrew Pinard advised there is a Facebook page on line “Bradford NH Political Forum”

He advised he responded to several postings, as a member of the board, that were wildly inaccurate regarding Zoning and Planning Boards activity.

Brooks McCandlish, Chair advised Marcia Keller, Planning Board Chair has put out an appeal for Planning Board and Zoning Board of Adjustment Alternates.

The upcoming LGC meeting on October 27, 2012 for “Learn Basics at Land Use Workshop for Planning Board and Zoning Board members.” was brought up for anyone that will be able to attend.

Meeting adjourned 7:15pm

Respectfully submitted,

Marjorie R. Cilley

Secretary

For an audio file (mp3) of the recording to this meeting, please visit http://bradfordnh.org/mp3/ where they are named according to the date and the organization. Please note that, due to space issues, any recordings may be purged from the website without notice. Files can be saved to your hard drive, by right-clicking the link to the file (from the index list) and using “Save Link As” or “Save File As”.