Westmoreland Zoning Board of Adjustment
Meeting
of
An audio recording of this meeting is available on DVD at the Town Hall.
Present: Chairman Peter Remy, Brian Merry, Russ Huntley, Barry Shonbeck, Brenda Shelley.
Chairman Remy called the meeting to order at
Jeffrey Ingram Hearing: Mr. Ingram is requesting Special Exception
of Article V, Section 501A, Table 502 #26 of the
Westmoreland Zoning Ordinance for the purpose of converting the existing office
into a single family rental located on
Finding of Facts
Chairman Remy stated that to the best of his knowledge all of the abutters to this property had been properly notified and invited Mr. Ingram to discuss his request.
Mr. Ingram explained that he had a Purchase and Sales agreement for the above property, currently owned by Cedar Knoll Log Homes who had given him permission to act for them at this hearing. The sale is contingent upon the Zoning Board’s approval of his request. He intends to make improvements to the main building which had been office space and rent it as a single family home. The barn on the property will be used as a warehouse for Mr. Ingram’s construction business whose main office is in Swanzey.
Members of the Board inquired about the appropriateness of the building for use
as a dwelling. Mr. Ingram explained that it was built as a three bedroom
model home and will not require anything other than cosmetic improvements to
the kitchen and bathrooms. He submitted a copy of the septic system plan
which he had obtained from
Mr. Shonbeck asked about the use of the barn. Would there be a bathroom there for his employees? Mr. Ingram said that the barn would be used strictly as a warehouse. His employees would only be there to drop off or pick us stored materials, perhaps twice a week, and there would not be a bathroom, nor any need for one.
Mr. Huntley inquired whether there would be any signage. Mr. Ingram said no.
There were no questions or comments from the public.
Mr. Merry opened the Board’s discussion by inquiring about the original permit. Ms. Shelley said that it was for a model home in a Commercial Zone and the Board agreed that since the use was changing from model home used as a business to a residence in a commercial Zone a Special Exception was needed.
The Board went through the checklist of conditions for granting a Special Exception and found the conditions were met, and that the recommendations of the Planning board had been taken into consideration. A motion was made by Ms. Shelley and was seconded by Mr. Shonbeck to grant the Special Exception.
The Special Exception was granted with a vote of 5 to 0.
Andy and Mary Ellen Russell Hearing: Mr. and Mrs. Russell request a Special Exception of Article IV, Section 414 of the Westmoreland Zoning Ordinance, to have a shared driveway at 783 River Road for access to Map R 10 Lot 16-1, which has 12.1 acres, and Map R 10 Lot 16-2 having 53.9 acres. The lots are in the Rural Residential and Forestry Residential Districts.
Finding of Facts
Chairman Remy stated that to the best of his knowledge all of the abutters had been properly notified and invited Mr. Russell to explain his request to the Board.
Mr. Russell stated that he had subdivided his property in order to locate a second home on the property in accordance with the Planning Board regulations. He wants the Zoning board to grant permission for his current driveway to become a shared driveway for access to the lot which had been created by the subdivision. Ms. Shelley inquired if there would only be two lots. Mr. Russell said there cannot be not further subdivision because there would not be enough frontage. Mr. Russell showed the Board a map of the property, indicating the current driveway and the proposed extension of it. Board members clarified where the proposed home would be located. Chairman Remy asked whether there would be any changes to the present driveway and Mr. Russell said it would remain as is, except for extending it to the new lot. Mr. Merry asked Mr. Russell to indicate the path of the extension on the map. Chairman Remy invited any of the public who wished to see the map to come up and see it. Mr. Russell stated that the proposed house site was not near any property boundaries or waterways and he had a Conservation person come up to look at it and do a septic plan.
Chairman Remy invited public questions and comments.
Russ Martens who is not an abutter but lives about 1000 feet away asked who had come from Conservation to look at it. Mr. Russell replied Steve Brough from Land Development.
June Derjue, an abutter, addressed several issues. She had a concern about the steepness of the driveway and the effect of a second property using that same driveway in terms of safety as one enters the road.
Mr. Russell said that town law says nothing about how a driveway should come off into the road or how many houses can be supported by one driveway. Mr. Russell said he had worked with Gary Hudson, the road agent. He said that putting in a second driveway would mean that even more water would be coming off the slope.
Mrs. Derjue noted that the original driveway was in Bruce Russell’s name and not in the petitioner’s name. Mr. Russell said it didn’t matter, that anyone can get a driveway permit. Chairman Remy said Bruce Russell may have been the contractor at the time. In response to her comment that the extension of the driveway was also on a steep slope Mr. Russell said that the town must allow him access to his property.
Chairman Remy stated that Westmoreland allows shared driveways.
Mrs. Derjue stated that the proposed driveway extension goes back and forth between the two lots twice and at one point comes close to his well. Looking ahead to a time when Mr. Russell might not own the property she said he might need a deed restriction. Mr. Russell said it would not matter, that the property was sold ‘as is’.
Chairman Remy asked whether he could have an easement on it. Mr. Huntley said that you cannot give an easement to yourself and the easement would have to be given when the property is sold to avoid being landlocked.
Mrs. Derjue suggested that members of the Board walk the property before granting Mr. Russell’s request. Chairman Remy said it was possible they might do that but it would be a decision for the Board to make as part of its deliberation. He said that Mr. Russell had indicated there will not be any changes to the present driveway which has been there since 2004. Mrs. Derjue commented that the Master Plan discourages development of land with a slope of 25% or greater. Fire and Rescue should also be a consideration. Chairman Remy responded that this hearing was really only about granting permission for the shared driveway and the Zoning Board could not address the other issues she raised.
Pam Martens, not an abutter, whose property is about 1000 feet away stated that she did not think the safety issue was significant. She clarified with Mr. Russell that the proposed house will be a single family home.
Bruce Russell stated that the driveway was put in in
2005 and had held up well even through the major flooding. There are four
steeper driveways off of the
Gary Hudson, the road agent, spoke in favor of the shared driveway rather than putting in a second driveway.
Mr. Merry opened the Board’s discussion by noting that he had been up the driveway and that it is steeper than he personally would like but it is Mr. Russell’s choice, and a buyer could choose it or not. Mr. Shonbeck said that the only real issue for the Board was the safety issue and Chairman Remy said he thought of a shared driveway as having less impact on the road and their was general agreement. He then read the checklist of conditions for granting the Special Exceptions and Mr. Shonbeck made a motion to approve, seconded by Mr. Merry.
All Board members voted in favor of granting the special Exception, 5-0.
Curtis Mead Hearing: Mr. Mead requests a Special Exception of
Article V, Section 501A Table 502 #26 of the Westmoreland Zoning
Ordinance. Mr. Mead would like to finish off the upstairs of the existing
building at Old route 12North, Map R17-
Finding of Facts
Chairman Remy introduced the third hearing and noted that to the best of his knowledge all the abutters had been properly notified. He invited Mr. Mead to come and give the particulars of his request.
Mr. Mead explained that he had put up a new building for his cabinet workshop. It has an upstairs of 900 square feet which he would like to finish off for a living space for himself. There is a 500gal/day septic system and a well.
Mr. Merry inquired whether it was designed with a septic system and Mr. Mead replied that the system is big enough for a three bedroom house. Mr. Merry asked if it is an owner occupied business and Mr. Mead replied it is.
Chairman Remy inquired about other employees. Mr. Mead said there are none, but he is allowed to have more employees. Nothing will change outwardly if the permission is granted.
Chairman Remy stated that questions arise in regard to acreage. The property is only two acres and the town wants five acres for a single family home in a Commercial Zone.
Ms. Shelley inquired why Mr. Mead is asking now rather than during the original planning procedure. The Board would have asked that Mr. Mead follow the rules for the Rural Residential Zone rather than the Commercial Industrial Zone. Mr. Mead said his plans have changed since then.
Mr. Merry asked if it was a lot of record. Mr. Huntley said it was, but in the Commercial Zone. Chairman Remy said that Mr. Mead actually would need a variance from the required acreage. In addition, a change of use in the Commercial Zone needs a Special Exception. Mr. Shonbeck said it is an issue of a variance in acreage for a home business.
Brian Merry said that if the Special Exception was voted on and it didn’t pass, Mr. Mead would be back at square one. He noted that if there must be another hearing on a variance all the abutters would have to be notified.
Mr. Mead asked if they were recommending that he withdraw this petition. Mr. Merry said he could do that or the board could discuss that petition, as Mr. Mead wished.
Mr. Huntley suggested that Mr. Mead ask the Board for a continuance leaving the special Exception issue open, and adding a request for a variance. Mr. Mead agreed to that proposal. Chairman Remy said he would consult with Bob Moore and that abutters will be notified of another hearing next month.
Continued to next regularly scheduled meeting.
Unapproved Draft of Minutes of Westmoreland Zoning Board of Adjustments
meeting of
Respectfully submitted by
Jacqueline Cleary
Secretary