Town Of Bradford
Zoning Board of Adjustment Minutes
February 3rd, 2021
7:00 PM HELD REMOTELY VIA ZOOM PLATFORM
Members: Brooks McCandlish (Chair), Ken Parys (Vice Chair), Nathanial Bruss, Beth Downs, and Bill Duffy (Alternate).
Alternates: Denise Renk and Robert Hodges (Absent).
Bill Duffy was Seated in Denise’s place
Public Present:
Meeting was called to order at 7:01 pm
To Do:
- Review and consideration of the January 6, 2021 minutes.
Motion: Bill Duffy motioned to accept the minutes as written.
Second: Beth Downs
Decision: Bill Duffy-Ayes, Beth Downs-Ayes, Nathanial Bruss-Ayes, Brooks McCandlish- Ayes, Ken Parys-Ayes.
New Applications:
Received Application from Rick Deschenes Map 7 Lot 76. Speaking on behalf of the applicant, attorney Liz Nolin requested that the Application be reviewed at the March meeting. The board agreed.
7:07 Denise Renk joins the meeting but Bill remains seated on the board.
Received the Hudson application from Terrain Design Map 23 Lot 20. All fees were submitted. This application is for a Variance from article III section D for a 24’x24’ garage attached to a noncoforming residence on a nonconforming lot on Lake Massasecum. The abutters list was reviewed by the past Planning and Zoning recording secretary and is complete.
Ken stated that each page should be initialled and dated as is stated in the directions on the application. Ken then asked the board if an application can be considered complete if it isn’t signed/initialled and dated.
Beth asked if we ask for a manual signature/initials.
Ken stated that if we don’t really require initials and dating of each page than the zba should drop the requirement.
Brooks suggested that the town stamp is certification of authenticity and date.
Ken stated that the reason for the initials and date is for positive identification that the applicant actually filled out the form.
Brooks suggested that a signature and date on a Package that is stapled together could be sufficient.
Beth and Bill Agreed with Brooks
Ken suggested that the application may not be complete if there are not initials/signatures and dates in all required locations on the application.
Beth asked why this hasn’t been brought up until this meeting.
Ken suggested that it hasn’t been a problem until this meeting.
Brooks asked for a motion.
Beth makes a motion to accept the Hudson application as complete.
Second Nathanial Bruss
Decision Beth-Ayes, Ken-Ayes Bill-Ayes, Nathanial-Ayes, Brooks-Ayes
Brooks asked if this is a project of regional impact. The board agreed it is not.
Public hearing is scheduled for March 3rd at the regular zba meeting. The site walk is scheduled for Monday Feb 22nd at 3:00.
Received application for a Special Exception from Pierre Hahn speaking on behalf of Dabney Kelsey for Map 6 Lot 34. Brooks noted that an updated application was submitted this afternoon, and also that this application is lacking initials. The Special Exception is for a farm and educational agricultural business in a rural residential zone.
Pierre clarified the change and addition of the site plan and pictures.
Ken motioned as Complete
Bill Second
Decision Beth-Ayes, Ken-Ayes Bill-Ayes, Nathanial-Ayes, Brooks-Ayes
Nathanial stated that his wife is on the Kearsarge Food Hub board linked to the farm, but that this will not influence his decision.
Brooks asked if this is a project of regional impact and the board agreed it is not.
Public hearing was scheduled for March 3rd
Site walk scheduled for Feb 22nd at 4:00
Unfinished Business: None
Public Hearing(s): None
New Business:
The board again briefly discussed the issue of initials and dates on applications. Ken stated that one of the reasons is that if there is an appeal that there could be a third party looking at the documentation and trying to decipher when applications were submitted and by whom. Bill stated that there is metadata attached to all pdf files that can clarify this.
Ken again suggested that if the zba isn’t going to require the initial/date that we take them off the application form.
Brooks disagreed, saying that they do serve a purpose. He then noted that the application is not clear on whether an ink or electronic signature/initial is required. He suggests that we continue this discussion in the future.
Communications and Miscellaneous–
Brooks notes that a fifth person may need to be appointed to the board if no one runs for the open position at the next town meeting.
Nathanial asks about a scenario where an application is received for a project that was previously denied a special exception or variance.
Brooks reviewed the “Fisher Doctrine” in the ZBA Handbook and noted that a board should reject an application where circumstances have not changed and the application is not materially different.
Beth asks if this applies to the Deschenes’ application.
Brooks suggested that this is what the board may have to decide.
Zoning Board Communications:
- The next Zoning Board of Adjustment meeting will be held on March 3rd, 2021 at 7:00 pm, remotely via the Zoom platform.
- 1) go to https://zoom.us/j/522006801
- using a smart phone, tablet, laptop or desktop computer equipped with camera and microphone,
- or
- 2) use a telephone to dial one of the following numbers:
- (929) 205-6099
- (312) 626-6799
Motion: Beth Downs motioned to adjourn.
Second: Bill Duffy
Decision: Nathanial Bruss-Aye, Ken Parys-Aye, Beth Downs- Aye, Brooks McCandlish-Aye, Bill Duffy-Aye.
Meeting Adjourned at 7:59pm
Draft Minutes written and submitted by
Nathanial Bruss