TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT
MAY 2, 2012
7:00 PM
Call to Order and Roll Call:
Brooks McCandlish, Chair called the meeting to order at 7:00pm with Andrew Pinard, Denise Renk, and Marge Cilley, Secretary present. Bill Glennie and Nancy McEachern were absent.
Review and Consideration of January 4. 2012 and April 4, 2012:
Motion was made by Andrew Pinard to approve January 4, 2012 minutes as written. Seconded by Denise Renk. Denise Renk abstained. Motion carried 2-0 .
Motion was made by Andrew Pinard to approve April 4, 2012 minutes as written. Seconded by Denise Renk. Brookes McCandlish, top of page, is Brooks. Typo 14 lines up from the bottom accepts. Motion carried with amendments 3-0.
Continuance of Martin Chivers Variance –Automotive Recycling Center:
Andrew Pinard advised he had contacted both the Local Government Center and the town Attorney to determine whether the ZBA has authority based on a question of statute. LGC recommended that council really needs to rule on this as it could be interpreted either way. A letter received from Council, and their opinion is that ZBA does not have the authority to grant a Variance from a setback requirement that is contained within State Statute, RSA236:118IIIa, particularly where the local zoning does not allow a lesser set back for junk yards.
Andrew Pinard advised the Zoning Board is also in receipt of a letter from Cleveland, Waters and Bass, Council for Mr. Chivers, that questions the interpretation by Council. It was determined to forward this communication from the applicants council to the ZBA council rather then making a determination tonight to reject the application.
Motion was made by Andrew Pinard to table the consideration of the Application and to forward the letter from Cleveland, Waters and Bass to Town Council for their review as well as sending a copy of the letter to the Board of Selectmen with the request for them to consider allowing Cleveland, Waters and Bass Attorney’s to contact Town Attorney’s directly, and ask the Board of Selectmen if they approve it to let the ZBA know so the applicant can be advised. Seconded by Denise Renk. Motion carried 3-0.
Andrew Pinard advised he will scan the letter from Cleveland, Waters and Bass and forward it to Town Council.
Question was asked by Horizon Engineering representative if it would be appropriate for the Applicants council to speak directly with Town Council to which Andrew Pinard responded that they are not sure if the ZBA has the authority to commit resources of that nature. The Select Board would have that authority in regards to funding for this.
Industrial Communications Variance and Special Exception:
Not in attendance, no Application received at this time.
Harry Wright Consultation re: Variance for Alterations:
Harry Wright came before the Zoning Board of Adjustment regarding proposed alterations to his lakeside residence at10 Oakdale Road. Mr. Wright presented the board a plan of his 24 x 26 cottage with a 6 x 14 extension which he would like to take down and raise to be a two story year round structure. Discussion ensued.
Decision is for a denial first from the Building Inspector before a Variance/Special Exception for a non conforming building based on setbacks is considered by the ZBA.
Andrew Pinard questioned if the new Building Inspector is currently working to which Harry Wright, Selectmen replied yes and they are working out costs of applications as to the application fees to make sure they cover.
Brooks McCandlish, Chair suggested if feasible, it would be advantageous for a combined meeting with the new Building Inspector, Planning Board and Zoning Board, and even with the Selectmen to review the process and work together, perhaps at a Planning Board work meeting. Andrew Pinard questioned what the Selectmen have given the Building Inspector’s responsibilities regarding enforcement of properties that are not up for permit review, to which Harry Wright, Selectman advised none to date. He is not responsible for policing, but responding. The Building Inspectors position is not full time, but as on call, hourly basis with mileage in answer to Denise Renk’s question.
Mr. and Mrs. Mike Fournier:
Mike Fournier, 74 Davis Road came before the ZBA for a consultation regarding a Special Exception for building a new one floor home. Pictures of the proposed property of about 50’ X 50’ was shown to the board. The Fournier’s have a denial letter from Building Inspector Palmer Porter. Mr. Fournier stated he did have approval for a septic system several years ago, but would need a new one at this time. This is a lot of record.
The next steps include:
Application of Variance for the ZBA
Reasonable survey plan
To be accepted as complete Application
Schedule Public Hearing/Notice Abutters and Paper
Mr. Fournier questioned how he could get in touch with the Building Inspector now. “ He has been trying for the past couple of months and between Trudy etc, no one called me back.” Harry Wright, Selectmen advised he could call the Selectmen’s office to set up an appointment. The Secretary advised the denial letter forwarded to Mr. Fournier from Palmer Porter, Building Inspector, and signed by Cheryl Behr, has the Secretary’s name to contact, but the only telephone number is the town office number. Mrs. Fournier advised when she called the Selectmen’s office she was questioned why she called there when the Secretaries name was on the letter. (Without her telephone number).
Review of Hazard Mitigation Plan:
Discussion ensued regarding the Mitigation Plan report, and some areas need upgrading such as histories of fires which have not been upgraded since 1999. Discussion ensued. Brooks McCandlish, Chair advised that Bruce Edwards, Emergency Management Director is requesting each Department review the Hazard Mitigation Plan and sign the document. It was pointed out that some of the history needs to be updated such as fires in Bradford that stops in 1999, as pointed out by Andrew Pinard as in the past twelve years, there has been several fires. Andrew also advised if it were provided for PDF files, that would be helpful, as there is only one copy. Andrew also advised he would put it on the Website.
The copy that was loaned to the ZBA by Cheryl Behr, Administrator will be returned to the Selectmen’s office.
Motion was made by Andrew Pinard to table the Hazard Mitigation Plan signing until the ZBA June meeting, after the members have had time to review it. Seconded by Denise Renk. Carried 3-0.
Reminder was made by Andrew Pinard that the Special Exception Application needs to be reviewed and prepare recommendations and updating by the members for the June 16, 2012 ZBA meeting.
Motion to adjourn at 8:15pm made, seconded and carried.
Respectfully submitted,
Marjorie R. Cilley
Secretary