Minutes

NEWMARKET ZONING BOARD OF ADJUSTMENT

APRIL 30, 2018

MINUTES

Present:            Chris Hawkins (Chairman), Bob Daigle (Vice Chairman), Wayne Rosa, James Drago, Diane Hardy (Town Planner), Richard Shelton (Alternate), Steve Minutelli (Alternate)

Absent:             Bill Barr (excused)

Called to order:            7:00 p.m.

Adjourned:                    7:18 p.m.

Agenda Item #1- Pledge of Allegiance

Agenda Item #2 - Review & Approval of Minutes:    04/23/18

              The minutes were not yet distributed.  They will be taken up at the next meeting.

Agenda Item #3 - Regular Business

Chinburg Development, LLC - Public hearing for an application for an Equitable Waiver of Dimensional Requirements, as provided in RSA 674:33-a, of the NH Revised Statutes Annotated, A foundation was poured and framing had begun on the new single-family home, when it was discovered the structure was fourteen feet six inches from the property line, instead of the required fifteen feet.  The property is located at 8 Hayden Place, Tax Map R7, Lot 24-17, R1 Zone. 

              Richard Shelton was appointed to fill the vacant full Board member seat.

Jeff Duchesne, Chinburg Developers, represented the applicant.  He apologized for no one being present last week to present the application.  There was a miscommunication on their end. 

              He stated the error on the placement of the foundation was an oversight.  The surveyor surveyed from the right side of the stake and it looked like they had two feet on the left side.  Once they dug the hole, they tried to rotate it three or four degrees.  When they did that, they (inaudible).  The neighbor’s house is forty five feet away.  He has a signed letter from them stating they are okay with the placement of the foundation.  Chairman Hawkins stated this abutter, Mr. Stebbins, was present at the meeting last week.  He passed the letter around for the Board to read. 

              Vice Chairman Daigle asked what he meant when he said they tried to rotate it.  Mr. Duchesne showed a plan and indicated where they had stakes.  He showed how they rotated the house and where the corner had gone over by six inches.  He showed the point at the front corner from which they had rotated.  Vice Chairman Daigle asked if they had stakes or string lines for the setbacks.  Mr. Duchesne stated he believed the surveyor had done that.  The supervisor had just made an honest mistake.  Vice Chairman Daigle asked how much of the building had been done when they found the error.  Mr. Duchesne stated it was all framed. 

              Chairman Hawkins opened the public hearing.

              No comments.

              Chairman Hawkins closed the public hearing.

Richard Shelton stated that this 6” into the 15’ side setback is hard to fathom as a mistake when we are looking at two fixed lot lines, laser beam to set the foundation, but rather a judgement call on setting the foundation. When putting an upscale house on a lot of 60’ 8” that Chinburg Development LLC is building there is no room for error as the foundation set on the lot as it should, appears to about touch both lot lines. Needless to say the foundation was poured and framing had begun when it was discovered the structure was fourteen feet six inches from the property line, instead of the required fifteen feet, and that an Equitable Waiver of Dimensional Requirement be requested; as noted,

1. That the violation was not noticed or discovered until the certification process of the completed foundation;

2. That the violation was not an outcome of ignorance of the law or ordinance, but was instead caused by either a good faith error in measurement or calculation made by the owner or owner’s builder;

3. That the dimensional violation does not diminish the value of other property in the area, nor interfere with or adversely affect any present or permissible future uses;

4. That due to the degree of past construction made in ignorance of the facts constituting the violation, the cost of correction so far outweighs any public benefit to be gained, that it would be inequitable to require the violation to be corrected.

              Action

Motion:             Richard Shelton made a motion for an Equitable Wavier of Dimensional Requirements, as provided in RSA 674:33-a, of the NH Revised Statutes Annotated, requested by Chinburg Development, LLC, for the structure that is fourteen feet six inches from the property line, instead of the required fifteen feet. The property is located at 8 Hayden Place, Tax Map R7, Lot 24-17, R1 Zone

              Richard Shelton stated he was looking at the wells on the plan.  He stated the Planning Board had already had the application and had done waivers.  Diane Hardy stated the wells were not subject to waivers. 

              Chairman Hawkins stated the Board takes these very seriously no matter what the distance is that is involved.  He stated it would be helpful if, when someone first discovers this type of error, someone could take a picture of the construction at that point in time.  They have had enough history with Chinburg Developers to be comfortable with this application without a photo. 

Second:             Robert Daigle

Vote:                  All in favor 5-0

Agenda Item #4 - New/Old Business

              None

Agenda Item #5 - Adjourn

              Action

                            Motion:             Bob Daigle made a motion to adjourn at 7:18 p.m.

                            Second:             James Drago

                            Vote:                  All in favor