Draft Minutes
May 7, 2008
Regular Meeting - 7:30 PM
Moultonborough Town Offices
Present:
Members: Ralph Carrasco, Bob Stephens, Russell Nolin,
Jerry Hopkins, Bob Bernstein
Alternates: Nicol Roseberry
I. Call to Order
Mr. Carrasco called the meeting to order at 7:30 PM,
and introduced the members of the board to the public.
II. Pledge of Allegiance
III. Approval of Minutes
Motion:
Mr. Hopkins moved to approve the Zoning Board of Adjustment Minutes of
April 16, 2008.
Mr. Stephens Seconded.
Motion Carried - Unanimously.
Motion:
Mr. Hopkins moved to approve the Zoning Board of Adjustment On-site
Minutes of
April 19, 2008.
Mr. Nolin Seconded.
Motion Carried - Unanimously.
IV. New Applications
1.
daSilva Motorsports, LLC
(135-10)(7 Moultonboro Neck Road)
Special
Exception for Commercial Use – Article VI Paragraph E
This is a request for a special exception as
specified in the zoning ordinance article VI, paragraph E to allow the
sales and display of motorcycles and accessories, in addition to the
current use of the property as retail sales of other types of motor
vehicles.
The Chairman and the Land Use Coordinator have
reviewed the application and it appears complete for board action.
Motion: Mr. Stephens moved to acknowledge the
application of daSilva Motorsports, LLC
(135-10) for a special exception and to schedule a
hearing for May 21, 2008 to be
hearing #1.
Mr. Hopkins Seconded.
Motion Carried – Unanimously.
2.
daSilva Motorsports, LLC
(18-31)(NH Route 25 / Whittier Highway)
Special
Exception for Commercial Use – Article VI Paragraph D & E
This is a request for a special exception as
specified in the zoning ordinance article VI, paragraph D & E to
allow for storage, service & repair of motorcycles &
accessories. The entire subject property has been previously approved
for the storage & repair of all terrain vehicles, snowmobiles,
personal watercraft and accessory equipment – including trailers. No
physical changes to the site, other than those previously approved are
proposed.
The Chairman and the Land Use Coordinator have
reviewed the application and it appears complete for board action.
Motion: Mr.
Hopkins moved to acknowledge the application of daSilva Motorsports, LLC
(18-31) for a
special exception and to schedule a hearing for May 21, 2008 to be
hearing #2.
Mr. Stephens
Seconded.
Motion Carried
– Unanimously.
V. Hearings
1.
Frederick C. Hiittner, Jr.
(254-53)(42 Watson Shore Road)
Area Variance
from Article III, Paragraph B(1)
Mr. Carrasco stated that this was an application for
an area from Article III, Paragraph B(1) to permit a 10’ x 32’ addition
to an existing garage.
Mr. Hiittner, agent for the property owners Joseph
and Christina Pizzarello presented the application for an area
variance. Mr. Hiittner briefly described the existing conditions and
the proposed addition to the existing garage.
Mr. Stephens questioned if there was enough space to
make the swing into between the tree and well shown on the sketch. Mr.
Hiittner stated that there would be no problem with the first and third
door, but the middle door would be tight, noting there is approximately
28 feet.
Mr. Hopkins stated that he had voted at the last
meeting against accepting the application as presented as he felt it
should be an application for an expansion of a non-conforming primary
structure and not an area variance. Mr. Hopkins questioned if the
existing dwelling met setbacks, or if any portion of the dwelling was
non-conforming. Mr. Hiittner replied that he was not sure of all the
setbacks but noted the dwelling did not meet the 50’ setback from the
lake.
Mr. Hopkins questioned the distance between the
existing garage and the dwelling, if there was an area in which the
garage could be expanded that would not require a variance.
Mr. Stephens suggested the board conduct an on-site
visit to see view the property and the location of the existing garage.
Motion: Mr. Stephens moved to
continue the hearing for Frederick C. Hiittner, Jr. (254-53)
for an area variance to May 21,
2008 to be hearing #1, and to schedule an on-site
visit for Saturday, May 10, 2008
at 7:30 AM.
Mr. Hopkins Seconded.
Motion Carried –
Unanimously.
2.
Cathie A. Brogan (99-43)(18
Mayflower Lane)
Continued Area
Variance from Article III, Paragraph B(1)
Mr. Carrasco stated that this is a continued hearing
for an area variance from Article III, Paragraph B(1) for a 14’ x
30’ addition, with an additional 4’ farmer’s porch that will encroach
6’ into the required 50’ setback from the center of the road. The board
had continued the hearing to conduct an on-site visit of the property,
which was done on April 19, 2008.
Mr. Stephens noted he was not present for the
on-site and asked for input from members who were present. Board
members who attended the on-site noted the site was small and that the
proposed addition was compatible with neighboring properties.
Paul Derochers, agent for Cathie Brogan provided the
board with a sketch of the existing home showing the proposed addition
with the farmers porch. Mr. Derochers noted they could construct a 12’
addition that would meet the 50’ setback from the centerline of the
road. They are proposing a 14’ addition with a 4’ farmer’s porch on the
front. They are requesting to encroach 6’ into the required 50’ setback
from the road. Mr. Derochers stated the porch would be approximately 30
– 36 inches off the ground and the stairs will come off the sides.
The Chairman went over the criteria for the granting
of an area variance. The voting members were Jerry, Russ, Bob S., Bob
B. and Ralph.
1) Affirmative
– Unanimously.
2) Affirmative
– Unanimously.
3a) Affirmative
– Unanimously.
3b) Affirmative
– Unanimously.
4) Affirmative
– Unanimously.
5) Affirmative
– Unanimously.
Motion: Mr.
Stephens moved to approve the area variance for Cathie A. Brogan
(99-43)
for a 14’ x
30’ addition to encroach 6’ into the required 50’ setback from the road.
Mr. Carrasco
Seconded.
Motion Carried
– Unanimously.
VI. Correspondence
1) Joint Loss Prevention Committee Minutes of April 22, 2008 were noted.
2) Planning Board Draft Minutes of April 23, 2008 were noted.
3) Planning Board Draft Work Session Minutes of April 30, 2008 were
noted.
4) Selectmen’s Draft Minutes of April 17, 24 & May 1, 2008 were
noted.
VII. Unfinished Business
1) Mr. Carrasco noted that the board had met with Town Counsel in a
non-public session earlier this evening, and based on their
conversation they will amend the policy regarding the seating of
alternates.
Motion: Mr. Hopkins moved to direct the Land Use
Coordinator to make the changes as
discussed in non-public for the amendment of the
seating of alternates to be consistent
with the wording as discussed with counsel.
Mr. Stephens Seconded.
Motion Carried – Unanimously.
VIII. Adjournment
Motion: Mr.
Stephens moved to Adjourn at 8:00 P.M.
Mr. Hopkins
Seconded.
Motion Carried
- Unanimously.
Respectfully Submitted,
Bonnie L. Whitney
Land Use Coordinator