Minutes
NEWMARKET ZONING BOARD OF ADJUSTMENT
APRIL 2, 2018
MINUTES
Present: Wayne Rosa, Bob Daigle, James Drago, Richard Shelton (Alternate), Steve Minutelli (Alternate), Chris Hawkins (arrived at 7:14 p.m.)
Absent: Bill Barr (excused)
Called to order: 7:00 p.m.
Adjourned: 7:17 p.m.
Agenda Item #1 – Pledge of Allegiance
Vice Chairman Wayne Rosa appointed Steve Minutelli and Richard Shelton to fill in for the open full Board member seat and for Chris Hawkins, who was running late.
Agenda Item #2 – Review & approval of minutes: 02/05/18 & 03/12/18
Action
Motion: Bob Daigle made a motion to approve both sets of minutes as transmitted by the secretary
Second: James Drago
Vote: Wayne Rosa abstained due to absence
All others in favor
Agenda Item #3 – Regular Business
Election of officers
Vice Chairman Rosa stated they would place this item on the agenda after the public hearing on the application.
Tim Dempsey & Julie Ogilvie - Public hearing for an application for a Variance, from Section 32-154(d)(2)(a), of the Newmarket Zoning Ordinance, to permit the addition of a 365.35 sq. ft. screen porch within the 125’ Shoreland Protection Overlay District. The property is located at 12 Smith Garrison Road, Tax Map R2, Lot 65, R1 Zone.
Robbi Woodburn, Woodburn & Company Landscape Architecture, represented the applicants. She stated the owners would like to add the porch and will fill in the existing swimming pool. They will also remove an on-grade and above-grade deck. This deck has very tight joints, creating an impervious surface. She indicated on a plan the house location, as well as the pool location, the on-grade deck and the raised deck at the house. Along the side of the property is a tidal inlet from the Lamprey River. She indicated the 50’ and 105’ setbacks. The house and the developed area of the lot lies within the 125’ setback. Ms. Woodburn brought out a plan that showed the pool area grassed over and the new screen porch. The area of the pool and current deck is 1,653 sq. ft. The spa, new porch, and stepping stones will be 709 sq. ft. That results in a decrease in impervious surface of 944 feet.
She answered to the first criterion. She stated the proposed changes are not contrary to the public interest, because the decrease of impervious surfaces is greater than the addition of the porch and spa and walkway, thus creating improved conditions in the protected buffer. In addition, the proposed porch is as far from the resource as possible given the large ledge outcroppings on the southern side of the house.
To the second criterion, she stated the ordinance is crafted to provide a protected zone above the resource and limit structures and impervious surfaces that would impact the amount and speed of runoff into the river and its inlets. The proposed changes to the site will result in a decrease in impervious surfaces and create more vegetated area with less impact to the buffer thereby improving the protective buffer, observing the spirit and intent of the ordinance.
To the third criterion, she stated granting the variance allows the owner full use of their property while reducing impervious surfaces and protecting the integrity of the resource and its buffer.
To the fourth criterion, she stated values of surrounding properties will not be diminished by these changes because they cannot be seen from surrounding properties and they will improve the condition of the protected buffer.
To criterion five (A) regarding hardship, she read the purpose of the Shoreland Protection Overlay District as described in the Newmarket Zoning Ordinance. She then stated the residence sits far back from the Lamprey River (more than 250’ protected buffer). The long frontage on the tidal inlet at the northern side of the property is the special condition of the lot that distinguishes it front other properties in the area. This frontage creates a very long “shoreland” and buffer zone, which covers all of the house and area of proposed improvements. The proposed removal of the pool and pool deck and the addition of the porch are located in open, non-vegetated, previously constructed areas within the shoreland protection zone, so the integrity of the water resource is maintained and the proposed use is actually a more complementary shoreland by providing more pervious area.
The proposed use is a reasonable one because removing the pool and surrounding deck is a reasonable trade-off for desired screened porch. This would improve the buffer, while allowing the property owner to enjoy the property from the screen porch.
To criterion five (B), she stated the residence sits far back from the Lamprey River and upslope from a tidal inlet to the river. The long frontage on the tidal inlet at the northern side of the property is the special condition of the lot that distinguishes it from other properties in the area. This frontage creates a very long shoreland and buffer zone which covers all of the house and area of proposed improvements. Without a variance there is no way to provide the shaded, bug free, outdoor area the owners envision, so unnecessary hardship does apply.
Richard Shelton stated he felt this was a win-win situation.
Vice Chairman Rosa opened the public hearing.
No comments.
Vice Chairman Rosa closed the public hearing.
There were no questions from the Board.
Action
Motion: Richard Shelton made a motion to grant the variance from Section 32-154(d)(2)(a) to permit the addition of a 65.35 sq. ft. screen porch within the 125 foot Shoreland Protection Overlay District, as it is a statement of fact this property of 3.1 acres is indeed unique in that there is no other waterfront on the Lamprey, which is impacted across not only the front section, but also along the entire side with shoreland and wetland impacts. The right side of the lot is bounded by a tidal drainage area connected to a culvert under Smith Garrison Road. The left side and frontage of the lot is all massive granite ledge and boulders. The application criteria, as presented by the applicant’s representative, by removing the pool and decking totaling 1,653 sq. ft. and the proposed addition of a screen porch, spa, walkway and stepping stones totaling 709.35 sq. ft. be approved in meeting the requested variance, as this will be a big improvement for the reduction of 943.65 sq. ft. of impervious surfaces within the shoreland buffer relating to reduction & improving the quality of water runoff in the Shoreland Protection Area.
With conditions:
- That upon removal of the swimming pool and decking, the area will be returned to ground level and seeded or sodded and with any additional friendly conditions.
- The wall will stay.
The property is located at 12 Smith Garrison Road, Tax Map R2, Lot 65, R1 Zone.
Second: Bob Daigle
Vote: All in favor
Chris Hawkins arrived at the meeting at 7:14 p.m.
Election of Officers
Richard Shelton nominated Chris Hawkins for Chairman. Bob Daigle seconded. All were in favor.
Wayne Rosa nominated Bob Daigle for Vice Chairman. Richard Shelton seconded. All were in favor.
Agenda Item #4 – Other Business
None.
Agenda Item #5 – Adjourn
Action
Motion: Bob Daigle made a motion to adjourn at 7:17 p.m.
Second: Richard Shelton
Vote: All in favor