TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT MINUTES
7:00 PM MARCH 3, 2021
HELD REMOTELY USING ZOOM PLATFORM
Members: Brooks McCandlish (Chair), Ken Parys (Vice Chair), Nathanial Bruss, Beth Downs, Denise Renk (Absent)
Alternates: Robert Hodges (Absent), William Duffy (seated in place of Denise Renk)
Public Present: Richard Hudson, Pierre Hahn, Eric Buck, Liz Nolan, Dan Higginson
Meeting was called to order at 7:00 pm
Review of Minutes:
Minutes of 2/3/2021 meeting reviewed. Bill moved to approve, Beth seconded. All Ayes
Minutes of 2/22/2021 site walk, 22 Massasecum Lake Rd reviewed. Ken motion to approve, Beth seconded. All Ayes.
Minutes of 2/22/2021 site walk, 48 West Rd reviewed. Bill motion to approve, Ken seconded. All Ayes
Public Hearing:
Application by Pierre Hahn for a Special Exception for commercial use (vegetable production and education) in the Rural Residential District @ 48 West Road. Owner Dabney Kelsey previously authorized Pierre to speak for her in this matter. Pierre reviewed the application before the board explaining his request as documented. Beth described her positive contact with a neighbor relative to vegetable production at this address. No comments from the Public.
Hearing no further comments, the Chair closed the Public Hearing
Regular Business:
Submission of request for a Variance to build a house on the shore of Lake Massasecum was reviewed by the Board. This request was made by Dan Higginson (Higginson Land Services) for Richard Deschenes (property owner). This property, at Tax Map 07/Lot 076, was previously proposed for this construction, denied by the Board, appealed by Mr Higginson/Mr Deschenes, and denied again.
Brooks requested that Mr Higginson explain exactly what this new application proposed as the included drawing was not clear in that regard, Mr Higginson explained that in the Board’s denial to the previous request for this property, it was noted that there appeared to be other places on the property where a house could be constructed.
Mr Higginson explained that this new submission contained additional information related to the possibility of building the house at a different location away from the lake shore. He wished to demonstrate that it posed similar wetland setback issues, etc. Therefore, this application proposed building the house in its originally proposed location on the lake.
Liz Nolan added that Mr Higginson’s new plan contained significant new information relative to the house placement.
Brooks briefly reviewed why the initial application and the appeal were denied by the board.
Nathanial pointed out that the demonstrated “second” proposed building site shown in the application, while still having wetlands setback issues, has approximately 3 times the setback distances. The Board discussed whether or not this new application to build the house in the previously denied location was or was not “substantially different” than the previously proposed variance request. This factor is related to whether or not the “Fisher Doctrine” is applicable in this case.
Nathanial made a motion to deny the Board’s acceptance of this application on the grounds that it was not substantially different that the previous application. Beth seconded the motion. Board voted unanimously to deny acceptance.
The board then moved to a discussion and consideration of the Special Exception for 48 West Road. All five criteria for a Special Exception were considered as documented in the application. Bill motioned to approve the Exception for this property. Beth seconded. Board voted all Ayes. Approved.
New Business: Mr Rick Hudson appeared to request a Zoning Board Public Meeting as soon as possible to consider his request for a Variance at 22 Massasecum Lake Road. Mr Hudson wishes to construct a two car attached garage at his home. This Variance is required due to side setback issues with a neighboring home.
The Board discussed issues related to timeliness of abutter notification and agreed to hold this Public Hearing at a Board meeting on 17 March at 7 pm.
Communications and Misc.
Brooks reminded all Board members that there will be a NH OSI Annual Planning and Zoning Conference 9am to noon, May 15th. This Conference will be viewable on-line as are other topics.
A brief discussion was held noting that no one had submitted their name for the upcoming town election relative to the open Zoning Board seat. No definitive solution at this time.
Zoning Board Communications
Next Zoning Board of Adjustment meeting will take place 17 March at 7:00 pm.
Motion:
Beth motioned to adjourn at 7:45 pm. Seconded by Ken. Board votes all Ayes.