Minutes

Meeting date: 
Monday, March 20, 2017

NEWMARKET ZONING BOARD OF ADJUSTMENT

 

MARCH 20, 2017

 

MINUTES

 

Present:            Chris Hawkins (Chairman), Wayne Rosa (Vice Chairman), Bob Daigle, James Drago, Jonathan Kiper, Steven Minutelli (Alternate), Diane Hardy (Zoning Administrator), Richard Shelton (Alternate)

 

Absent:             Bill Barr (Alternate) excused

 

Called to order:           _____________________

 

Adjourned:                    _____________________

 

Agenda Item #1 – Pledge of Allegiance

 

Agenda Item #2 – Review & approval of minutes:         01/23/17

 

              Action

                             Motion:            Bob Daigle made a motion to approve the minutes

                             Second:            James Drago

                             Vote:                 All in favor

 

Agenda Item #3 – Regular Business

 

Election of Officers

 

Bob Daigle nominated Chris Hawkins for Chairman and Wayne Rosa for Vice Chairman.  James Drago seconded.  All were in favor.

 

Eric & Kathy Harter - Public hearing for an application for a Special Exception, from Section 32-234 of the Newmarket Municipal Code, to permit the conversion of the existing garage into a one bedroom accessory apartment.  The property is located at 5 Sanborn Avenue, Tax Map U2, Lot 351, R2 Zone.

 

Chairman Hawkins explained the statute regarding accessory apartments had been amended within the last year.  Within the last month, Newmarket amended its ordinance to comply with the new statute.  It doesn’t appear the changes will have any impact on this application.  People should be aware of these changes.  

 

Chairman Hawkins stated the Board has read the application materials. 

 

Kathy Harter stated they would like to put an apartment in their existing garage.  It is connected to the house.  This would not change the footprint or layout of the structure.  It will actually look better, as they will put new siding on, which will be all wood.  There will be new doors and windows.   They will keep the whole layout recessed in to make it appear as if it was still a garage.  They will keep it aesthetically consistent.  It will be a one bedroom apartment and it meets the criterion for square footage.  It is 650 sq. ft.  The main unit is owner occupied.  For parking, two spaces are available.  The landscaping is down below the house and tucked in behind.  It is not on-street parking.  It is off the street.  She and her husband will have to park one car behind the other and the tenant, if they have two cars, will have to do the same.  They could put them parked side by side, but it would make their backyard ugly.  This way, it would be tucked in.  She showed a drawing of the parking and explained the parking layout.  The apartment will take up the garage and attic space above.  She explained the window locations. 

 

Bob Daigle had to leave at this point, as he is a member of the Newmarket Fire Department and there was an emergency call.  Chairman Hawkins appointed Richard Shelton to take his place.

 

Kathy Harter stated they there is Town water and sewer available.  They started some structural work, as that needed to be done whether they had an apartment there or not. 

 

Chairman Hawkins opened the public hearing.

 

No public comments.

 

Chairman Hawkins closed the public hearing.

 

Richard Shelton stated the application looked fine and he saw no problems with it.

 

Wayne Rosa asked about the water and sewer.  Kathy Harter stated they were going to connect to their existing water and sewer.

 

Chairman Hawkins stated he would entertain a motion to adopt the submission by the applicant as the findings of the Board and approve the application.

 

Diane Hardy read a Statement of Fact written by Richard Shelton:

The applicant has stated that the accessory apartment will have approximately 650 square feet of living space, where the minimum is 300 square feet and the maximum is 1000 square feet of finished living space.  The accessory apartment will have one bedroom, “where a maximum of two are allowed”.  One of the dwelling units will be owner occupied, space is available and adequate for four parking spaces, there will be no exterior changes, which significantly alter the appearance of the structure from the street, Town water & sewer services the site and granting of the Special Exception would be consistent with Section 32-5(1)b: “To prevent this chapter from being unduly burdensome on a nonconforming single-family residential use, such single family houses shall be permitted to be physically expanded, and accessory structures added or expanded”. 

 

This accessory apartment shall be contained entirely within the detached single-family residence, with a door between the principal residence and the accessory dwelling unit; however, it shall not be required to remain unlocked.  Upgrades to the front of the accessory unit and additional windows, as shown on the renderings submitted, will allow for more sunlight, health and welfare to the occupants.  These changes will not significantly change the exterior of the structure.  The applicant has met the test for Special Exception and is consistent with Section 32-5(1)b.

 

Action

Motion:            Richard Shelton made a motion to grant the Special Exception, from Section 32-234 of the Newmarket Municipal Code, by the applicant, to permit the conversion of the existing garage into a one bedroom accessory apartment.  The property is located at 5 Sanborn Avenue, Tax Map U2, Lot 351, R2 Zone. 

                             Second:            Wayne Rosa

                             Vote:                 All in favor

 

              Diane Hardy explained the appeal period.

 

Agenda Item #4 – Other Business

 

              Jonathan Kiper asked about people who come before the Board, get a decision, and then run into issues, such as not being able to obtain financing for the project.  He asked if they should wait for the financing and then come to the Board, for example, to avoid having to downsize and change their project, then come back before the Board.  Diane Hardy stated, if they had to make substantive changes, they would have to come back to the Board.  Chairman Hawkins stated the bank will want to see that they have good security and that what they want to do is legal, so they have good title.  In principal, that is what people should do.  There are exceptions.  Generally, the folks who come to the Board are all ready to go forward.  Diane Hardy stated this Board can stipulate a timeframe for what they granted.  Typically, a variance runs with the land, but this new law allows the Board to set a timeframe.  She will get copies of the law to everyone.  

Agenda Item #5 – Adjourn

 

              Action

                             Motion:            James Drago made a motion to adjourn at ____________

                             Second:            Richard Shelton

                             Vote:                 All in favor