Application: Glen and Barbara Greenwood of
Mr. Greenwood explained
that the garage was built approximately 1973, prior to the 25 foot setback
requirements. The addition will be built
within the same footprint and will not be any closer to the lot line. It will be an open space area and used as
rumpus room for his children.
John Andreasse questioned
whether or not the variance was needed since the existing footprint was being
used. He added that he thought it has
been standard practice not to require a variance in these circumstances. Mr. Greenwood explained that the Building
Inspector had told him it was required.
Following discussion, the
Board elected to render a decision on the case and seek an opinion of legal
counsel. If it is determined by legal
counsel that a variance was not needed, the members agreed to address the issue
at their next scheduled meeting.
The criteria required were
reviewed by the members with the following determinations:
1) There would not be a diminution in value of
surrounding properties as a result of granting this variance;
2) The granting of this variance would be of benefit to
the public interest;
3) Litera1 enforcement of the zoning ordinance would
result in unnecessary hardship, as established by the following:
a.
Special
conditions of the property make an area variance necessary in order to allow
the applicant to construct the development as designed; and
b.
The applicant
cannot achieve the same benefit by some other reasonably feasible method that
would not impose an undue financial burden.
4) By granting this variance substantial justice would be
done;
5) The use contemplated by the petitioner as a result of
obtaining this variance would not be contrary to the spirit of the ordinance.
Dan Chaisson moved to
approve the application as presented, seconded by John Ronan with all in favor.
BOARD BUSINESS:
Review recommended regulatory changes from
2004 legislation – The most significant reviewed was the comparison of
the two tests for variances – the new area vs. the older use.
Review equitable waiver of Dimensional
Requirements – RSA 674:33-a – The findings required in order to grant this waiver
were reviwed.
Approval of November 2, 2004 minutes - John Andreasse moved to approve the minutes
of November 2, 2004 as written, seconded by Dan Chaisson with all in favor.
Next Meeting – It was determined that three or more
members would not be able to attend a meeting if scheduled for February 1,
2005; thus John Andreasse moved to change the date of the next meeting to
February 8, 2005, seconded by Dick Parker with all in favor.
Adjournment
John Andreasse moved to adjourn at 8:17 pm,
seconded by Dan Chaisson with all in favor.
Respectfully
submitted,
Denise Gregson
Administrative
Assistant