Planning & Zoning Board Notices & Minutes

Jun 14, 2016

Approved Zoning Board Minutes Jun 14, 2016


LITTLETON ZONING BOARD OF ADJUSTMENT
TUESDAY, JUNE 14, 2016
LITTLETON COMMUNITY HOUSE
120 MAIN STREET
6:00 PM
APPROVED MINUTES

PRESENT: Chairman Eddy Moore, Vice Chair Art Tighe, Jessica Daine, Guy Harriman, and Joanna Ray (recording secretary)

EXCUSED: David Rochefort and Jerry LeSage

OTHERS: Louis Chouinard and Chris Hodge (Zoning Officer)

Guy Harriman was designated a voting member for this meeting.

Review May 10, 2016 & May 24, 2016 minutes
Art made a motion to approve both sets of minutes as written. Jessica second the motion. The motion passed by all.

Louis Chouinard, Owner & Applicant – ZBA16-06 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow an accessory structure less than the required setback on tax map 77-75, 5 Bridge Street, in the C-4 zone.

No conflicts were stated. The applicant agreed to continue with the four member Board. The application was signed, abutters notified, hearing notice was in the newspaper, and the application fees were paid. The application was considered complete.

Louis Chouinard stated the reason for needing the structure was for additional storage. The area used to have a barn and it was removed many years ago. Louis was under the impression that the location for the new structure was grandfathered. Chairman Moore stated that a non-conforming structure must be replaced within a year of its removal. There was discussion about when this section of the ordinance was written compared to when the barn was removed.

Jessica informed the applicant that the setbacks for structures on a corner lot are 40’ for the front and 25’ for the sides and rear. A distance of 15’ between structures is also required. Jessica asked the applicant if he had considered putting the shed on the abutting property which he also owns. The idea of merging the 2 lots was discussed and if doing so would allow space to put the shed. The shed has no foundation and could be considered portable. Louis confirmed that the structure is at least 15’ from the main building. Louis said there is trouble building behind his house because of the Town discussing the relocation of Saranac Street. Art stated the ZBA cannot consider the potential Saranac Street plan.

The Board moved on to review the answers submitted by the applicant. The applicant needs a setback of 40’ on the Bridge Street side of the property. Louis measured approximately 21’. He was not sure where his property line is. At 6:50, the Board paused the meeting so that Chris Hodge could go to the site to confirm the measurements. Chris returned at 7:05.

Chris said he measured 21’ from the edge of Bridge Street to the face of the new building. This is a front and requires 40’. There is 18’ between structures. There is 18’ from back of new building to the rock wall. This is a side setback requiring 25’.

Art read the answers submitted by the applicant:

  • The shed is storage for motorized clock parts.
  • Many sheds in Town that don’t meet setbacks.
  • General public should not be affected.
  • Don’t feel that values would be diminished.
  • The lot is not big enough to meet setbacks.
  • This will keep the property clean and store stuff.

Art stated the proposed measurement would be contrary to the public interest. People voted to have these required setbacks. As for other people having sheds with non-conforming setbacks, the Board cannot comment on what others are doing. There are different situations. Art stated the lot being too small for a shed is not considered a hardship. There needs to be something special with the property such as terrain or wetlands.

Louis asked if he could not put the shed on this lot, could he put it behind his house on Saranac Street. The Board and Chris discussed whether or not lot 244 is a corner lot. Joanna will get an opinion on this.

The public input was closed.

Art made a motion to continue the hearing until 6:00 on June 28, 2016. If the shed will fit on the abutting lot, then the applicant will not need a variance from the Board. Joanna and Chris will work on finding out the answer. Jessica second the motion. The motion passed by all.

The Board reviewed a letter from Marghie Seymour, dated June 14, 2016, asking for the Board to considering her request from May 24, 2016. The Board did not hear the request in May because she was not present at the meeting to discuss it. The Board did not deny the request, they simply did not discuss it. Chairman Moore stated the Board gave the applicant extra time to arrive. It was decided to drop the case due to the applicant not being present. Art stated the right thing to do would be to notice the hearing again and hear the request. The cost of the noticing will be less than getting a legal opinion. After some more discussion, Art made a motion to accept the appeal from Marghie. The Town will cover the noticing fees. Jessica second the motion. The motion passed by all.

At 7:45, Art made a motion to adjourn. Jessica second the motion. The motion passed by all.

Submitted by,
Joanna Ray