Zoning Board of Adjustments September 4, 2013

Present from ZBA:  Shawn Crapo, Patty Weathersby (recused herself for  case 6, Bluestone, due to conflict), Frank Drake, Paul Goldman  (alternate), Ray Jarvis, Charlie Hoyt (alternate sitting for case 6,
Bluestone, only)

(0:08:17 elapsed).  Call to order, approval of minutes,  Announcement that case 2 (Loftus, 108 Straw’s Point) was withdrawn), and case 4 (Condron, 2170 Ocean Blvd.) is continued to November.

. (0:11:23 elapsed).  Case 1:  Slattery, 15 Brown Ct.   Variances to permit addition of shed within setbacks are unanimously granted.

(0:30:22 elapsed).  Case 3:  Hollis Capital, 24 Robin  Rd.  Appeal from Planning Administrator Kim Reed’s refusal to permit  applicant to come before the ZBA.  All parties agree that the Planning   Administrator may not so refuse.  The deed transferring one of the  lots from the Town refers to a voluntary merger.  Town attorney   Donovan maintains that this constitutes a permanent prohibition   against demerger that only the Board of Selectmen may undo, pursuant   to RSA 674:39-aa.   Continued to next ZBA meeting where the issue of  the ZBA’s jurisdiction to grant a variance for a non-conforming lot   will be considered.  *** What is “demerger?  I am not sure about this

8:09:25 p.m. (1:09:15 elapsed) .  Case 5:  Cusick, 102 Straw’s Point.   Shawn Crapo states that he mows the lawn here 1-2 times annually, but declines to recuse himself.  Variances to permit expansion of the second floor, without expanding the footprint, unanimously granted.

8:31:25 p.m. (1:31:15 elapsed) .  Case 6, Bluestone Properties, 5  Pioneer Rd.  All members of the public present oppose construction of a 296 seat restaurant to the southeast of the roundabout at Foyes’
Corner.  New site plan disclosed earlier that day indicates wetlands  have receded since an earlier site plan was provided, and that only about 14 parking spaces would be in the wetlands buffer, rather than the entire eastern side of the parking lot.  Residents complain of  traffic, noise and the business not fitting the culture of the neighborhood, which currently consists only of small businesses.  Mike LaBrie provides assurances as to the absence of live music, and  maintains that, in the absence of variances, a two story restaurant of the same seating capacity could be built.  Variances to permit the  parking lot to be located in the wetlands buffer, 9 foot wide  parking spaces (vs. 10 foot required by the ordinance), and entrances on both Pioneer and Sagamore Roads are unanimously granted.  (Question – does this go to Conservation at all?)

10:38:40 p.m. (3:38:30 elapsed).  Final discussion and adjournment.