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Minutes 3/12/2015

March 20th, 2015

Carroll Board of Adjustment
Meeting Minutes
March 12, 2015


“These minutes of The Town of Carroll Board of Adjustment have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions, and corrections by The Board of Adjustment at its next meeting when the Board votes its final approval of the minutes. They are being made available at this time to conform to the requirements of New Hampshire RSA 91-A:2”

Members of the Board present: Chairman Paul Bussiere, David Scalley, Claire Gritzer and newly voted in members, John Trammell and Dianne Hogan.

Members of the Public present: John Greer, Michael Hogan and Kelly Trammell

Minutes taken by Rena Vecchio, Secretary

Meeting called to order at 7:00

Pledge of Allegiance


Chairman Bussiere opened the meeting by asking Claire Gritzer, a ZBA appointed alternate as of August 13, 2014, to sit as a full board member. Mrs. Gritzer said she would and joined the board at the table.

John Greer was introduced to the board by the Chair. The Greer’s are the owners of the property located at 959 Route 302, Map 207, Lot 11. They are asking for a Variance in the setbacks. They would like to build a garage but because of the placement of the house, their well and topography they would like to build it five (5) feet from the side property line. Mr. Greer said if they were to place the garage further up the hill, the excavation would be huge. If he were to put the garage where it “belongs”, it would be in the middle of the driveway. He did not build the house or put the well where it is, so now he is trying to deal with adding the garage. He has two (2) neighbors that both sent emails stating they had no trouble with the Variance or placement of the garage. The garage is not visible to anyone, it does not affect anyone other than his neighbors and they are still keeping the rural feel of the area.

The five conditions of a Variance and the response from the Greer’s were read by the Chair:

1. Granting the Variance would not be contrary to the public interest because:
The Variance would not violate the basic zoning objectives of the Zoning Ordinance because it would not alter the essential character of the neighborhood or threaten the health, safety or general welfare of the public.

2. If the Variance were granted, the spirit of the ordinance would be observed because:
Because the garage would not be used for housing, the placement of the garage would have no affect on;
1. The concentration of population
2. Provision of transportation, water, sewerage, schools, parks or other public services
3. The rural qualities of the town because it would be surrounded by weeds and would not be visible from the road. It would not detract from the natural and scenic resources. It also would not adversely affect the health, safety and welfare of the population.

3. Granting the Variance would do substantial justice because:
PlacePment of the garage closer than the twenty feet from the property line would permit us to have better access to the garage and would better accommodate snow removal from our driveway. There would be no benefit to the general public in denial of the Variance for this purpose. Hence, justice would be served by granting the Variance.

4. If the Variance were granted the values of the surrounding properties would not be diminished because:
The garage would be surrounded by heavy woods and would be at least 100 feet from any buildings on adjacent lots. We ave received written permission for the purposed placement from neighbors on both sides of our property. The garage would not be visible from the property across the main road.

5. Unnecessary Hardship
A. Owing to special conditions of the property that distinguish it from other properties in the area, denial of the Variance would result in unnecessary hardship because:
i. No fair and substantial relationship exists between the general public purposes of the ordinance provision and the specific application of tat provision to the property because:
The placement of the existing house closer to the west side of the property than to the east side would make placement of the garage 20 feet from the west property line both impractical and difficult. The garage would be too close to the house, adversely impacting access to the garage, snow removal and drainage. Should the Variance not be granted, it is likely that the driveway would have to be relocated or expanded.
ii. The proposed use is reasonable one because:
Placement of the garage closer to the property line would not cause congestion, block neighbors views, light or access to their property. Neighbors on both sides have approved the proposed placement and the placement would have no effect on the general public.

Chairman Bussiere asked at each criteria if the board had questions or comments. There were none. Their packets included a survey sketch showing where the proposed garage would be and a survey sketch showing where the garage would be if they were to keep the setbacks in the ordinance. The Chair asked if the public had any question or comments. There were none.

The Chairman then read the criteria questions again and asked the board if they agreed or not.

1. Granting the Variance would not be contrary to the public interest.
All agreed.

2. If the Variance were granted, the spirit of the ordinance would be observed.
All agreed.

3. Granting the Variance would do substantial justice.
All agreed.

4. If the Variance were granted, the values of the surrounding properties would not be diminished.
All agreed.

5. Denial of the Variance would result in unnecessary hardship.
All agreed.

Paul Bussiere made a motion to: approve the Variance on setbacks, for John and Anita Greer, 959 Route 302, Twin Mountain, N.H., Map 207, Lot 11 with the condition that they secure permission from the State of N.H. to encroach on the 250 foot right of way of the river. Clair Gritzer seconded and the motion passed unanimously.

The Chair told the board that they have been busier these first three months of 2015, than they were all of last year and possibly the year before. He told them they were running out of the budgeted money for the secretary. He wanted to know if the board wanted him to approach the Selectmen. Claire Gritzer made a motion to: allow Paul Bussiere to approach the Selectmen to talk about the secretary’s budget. John Trammell seconded and the motion passed unanimously.

David Scalley made a motion to: adjourn the meeting. John Trammell seconded and the motion passed unanimously.

The meeting ended at 7:40.

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