Planning & Zoning Board Notices & Minutes

Jul 28, 2015

Approved Zoning Board Minutes Jul 28, 2015



LITTLETON ZONING BOARD OF ADJUSTMENT
APPROVED MINUTES
TUESDAY, JULY 28, 2015
COMMUNITY HOUSE
120 MAIN ST
LITTLETON, NH 03561
6:00 PM

Present: Chairman Eddy Moore (via speakerphone), Vice Chair Sean Sweeney, Heidi Hurley, Jessica Daine, Jerry LeSage, Guy Harriman, and Joanna Ray (recording secretary)

Excused: Art Tighe

Others: Ken & Leeann Lavine, Dann, and Rudy Gelsi

Chairman Moore called the meeting to order at 6:00 PM. Jerry LeSage was designated as a voter for this meeting. Vice Chair Sweeney reviewed the application. The application was noticed, the abutters were notified, and the hearing fees were paid. Chairman Moore accepted the application as complete. There were no conflicted noted.

Kenneth & Leeann Lavine, Owners – ZBA15-08 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow a less than 25’ front setback at 234 High Street, tax map 78-42, in the R-I zone.

Ken Lavine stated he has replaced the front deck with the same setback as the original. The length of the deck is longer, as shown on page 2 of the sketches provided. Page 2 also shows the steps coming off the side of the deck. The stairs have not been built yet. This will be the location if the variance is not approved. Page 3 of the provided sketches shows the steps in the proposed location which is off the front of the deck. Page 4 of the provided shows a photo of the type of steps to be built. The new steps will be 10’ from the front property line. The current front setback is 13’. Ken mentioned that there are other homes in the neighborhood with non-conforming setbacks.

There were no abutters present to comment.

Dann commented that he is amazed that someone has to get permission to do something on their own property.

Vice Chair Sweeney read through the submitted comments on the application:

  • The porch will not block street sight lines for drivers, bicyclists or pedestrians in any way.
  • The porch itself will not extend beyond the existing setback of the concrete steps and only the new steps would extend into the existing setback.
  • The front porch steps will improve the front of the house and be aesthetically pleasing. The house is on a well-traveled street and will add value to the neighboring properties.
  • The work done to the house since purchased has helped erase some of the blighted nature of High Street. The front porch steps will only add to the neighborly feel of the street.
  • The general public is not affected in any way by allowing this variance to make this improvement to the house.
  • The addition of porch steps do not involve permanent structures such as a foundation or slab and is not increasing the living space of the house. It is simply enhancing the entryway.
  • The problem with the existing front steps are that the landing is too small to accommodate an outward swinging storm door and the steps are deteriorated and require replacement. The two houses across the street have less setback than the applicant currently has and the allowance of this variance will not look out of place or change the look of the immediate neighborhood.

Vice Chair Sweeney discussed the hardship criteria. To maintain the existing setback would mean removing shrubs and not allow a proper exit door.
There were no other comments. The public input portion was closed.

Jessica Daine made a motion to approve Kenneth & Leeann Lavine, Owners – ZBA15-08 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow a less than 25’ front setback at 234 High Street, tax map 78-42, in the R-I zone. The front setback will be reduced to 10’. Jerry LeSage seconded the motion. The motion passed 5-0. The applicant was informed of the 30-day appeal period. A copy of this approved plan will be placed in the property file.

REVIEW OF MINUTES:
July 14, 2015 – Jessica Daine made a motion to approve the minutes as written. Jerry LeSage second the motion. Vice Chair Sweeney and Heidi Hurley were not present at the July 14th meeting. The motion passed 3-0.

Rudy Gelsi asked the Board about the recent articles in the newspaper regarding the River District Redevelopment Commission (RDRC) wanting to change the zone of Saranac St. Rudy asked if the ZBA had the power to change the zone and if not, what the procedure is. Vice Chair Sweeney replied that the zone change goes before the voters. Chairman Moore said the Planning Board reviews the request during public hearings and then it is added to the warrant for vote. Rudy stated that John Hennessey has said the RDRC will apply for the zone change. Heidi Hurley stated the zone change request can also be by petition. Chairman Moore agreed.

Rudy Gelsi also asked if development after the zone change would come before the ZBA. Vice Chair Sweeney replied that allowed uses in a zone do not need ZBA approval. A building permit would be required for new construction. Any uses not allowed in the zone would need ZBA approval.

At 6:30, Jessica Daine made a motion to adjourn. Jerry LeSage seconded the motion. The motion passed 5-0.

Submitted by,
Joanna Ray