Zoning Board Minutes 11.02.22

Members: Brooks McCandlish (Chair), Nathanial Bruss, Bill Duffy and Doug Southard.

 Public Present: Melisa Bodnaruk

Meeting was called to order at 7:04 pm

Review and consideration of the October 5th minutes.

Motion: Bill Duffy motioned to accept the minutes as written.

Nathanial pointed out that there was a correction that needed to be made, where the term variance was used instead of special exception. 

Second: Doug seconded the motion with the correction.

Discussion: None

Decision:  Bill Duffy-Ayes, Nathanial Bruss-Ayes, Brooks McCandlish- Ayes, Doug Southard – Ayes.

Brooks opened a public hearing for Variance Application for Map 2, Lot 108, 80 Gillingham Drive.  Closet Addition 7:06

Brooks stated that all necessary notices were sent out as required.

Melisa Bodnaruk Presented her variance application for a 6’x16’ closet addition starting with the five criteria that a variance must fulfill. 

Brooks read a letter from the Conservation Commission and a letter of support from an abutter. He then explained the ZBA procedure for a public hearing and deliberations. 

Melisa Bonaruk asked if an additional letter of support had been received and Brooks said he did not recall seeing it. 

Finding of Facts:  The board laid out the finding of facts. 

The site appears to resemble the layout and measurements provided in the application.

The elevation of the house is significantly below that of the road adding an additional challenge to the dimensional constrictions of the site.

A letter of support was received from an abbutter.

A letter was received from the Conservation Commission commenting generally on the potential harm that the sum of many small projects can cause to the water quality. 

Public Hearing closed at 7:17

Brooks led the board through the 5 Variance Criteria

  1.  Bill suggested that it was not contrary to the public interest as there are no camps right on the property line that the side yard setback pertained to.  Brooks suggested that it was only a small impact because of the small footprint of the addition.
  2. Bill agreed with the applicant that the spirit of the ordinance would be observed.  Brooks agreed.
  3. Brooks suggested that the minor footprint increase would be offset by the added utility to the applicant.
  4. Nathanial said he can’t imagine how the value of surrounding properties would be diminished.
  5. Doug asked for the square footage of the existing building.  Melisa answered that it was 24’x30’.  720 square feet not counting the porch.  Doug asked if any variances had been requested for this lot in the past.  Brooks said he was not aware of any.  Melisa Bodnaruk stated that she had bought the property in 2007 and had not applied for a variance until now.  Brooks then read the 5th Criteria for a variance from the NH state land use handbook reminding everyone that the application was for a side yard setback and a reduced setback of 54’ to the lake.  Brooks suggested that the purpose of the setbacks were to preserve water quality in the lake, and to ensure safety, privacy and aesthetics.  Brooks then suggested that it was a fair use of the property.   Brooks explained then that if the proposed use was reasonable that it would pass the criteria.  Bill agreed.

Motion: Doug motioned to approve the variance application as written.

Second: Bill seconded the motion

Decision: Bill Duffy-Ayes, Nathanial Bruss-Ayes, Brooks McCandlish- Ayes, Doug Southard – Ayes.

Brooks will send a letter to the building inspector and town administrator informing them of the board’s decision.

New Business: None

Communications and Miscellaneous– None

Zoning Board Communications:

The next Zoning Board of Adjustment meeting will be held on December 7th 2022 at 7:00 pm, at the Bradford Area Community Center.

Motion: Doug motioned to adjourn.

Second: Bill 

Decision: Bill Duffy-Ayes, Nathanial Bruss-Ayes, Brooks McCandlish- Ayes, Doug Southard – Ayes.

Meeting Adjourned at 7:31pm

Draft Minutes written and submitted by Nathanial Bruss