TOWN OF BRADFORD
Z B A
OCTOBER 7, 2010
7:00PM
Call to Order and Roll Call:
Brooks McCandlish, Chair called the meeting to order at 7:12 pm with Les Gordon, Bill Glennie and Marge Cilley, Secretary present.
Review and Consideration of September 7, 2010 minutes:
Motion was made by Les Gordon to approve the minutes as presented. Seconded by Bill Glennie. Motion carried 3-0.
Public Hearing:
Harry Wright, Oakdale Road came before the ZBA with his Variance application submission.
The secretary advised the public notice was put in the Intertown Record, posted in the post office, bank and town hall bulletin board.
Harry Wright gave a quick summary for the benefit of the public and the record, and showed the public the intended plan. This will be a 20′ x 20′ garage and there will be electric, but no heat and no plumbing. Harry Wright suggested the set back from the road could be discussed as a special exception because the abutters garage is closer to the road than this one will be, and the special exception allows that, and rather then filing two sets, just included it here as a variance which is needed for the side set back.
Brooks questioned why the variance would not be contrary to public interest. Harry Wright advised it will not alter the essential character of the neighborhood, is set back from the road as is practical, and is set as close to the side line as it is because that is the flat area. There is no tree removal necessary. It is not noticeable as it is about 10 feet up from Oakdale Road. The spirit of the Zoning Ordinance is observed by promoting the general welfare of the town, and the minor project is not in conflict with the statement of protecting and promoting the general welfare of the town, nor will it impact the concept of the rural charm at all.
Brooks McCandlish questioned substantial justice has been done to which Harry Wright stated, yes, by allowing the benefit to the landowner by virtually no impact on the general public, abutters and individuals. Brooks questioned that the value of the surrounding properties will not be diminished to which Harry responded, no, again the garage will not be intrusive, will be set back as far as possible from the road and 10′ above the road. If anything, 17 Oakdale Road will have a positive effect by having a higher assessed value.
There is an existing driveway already there. A garage is considered a reasonable use of the property, particularly in the residence considering the seasons here. No alteration of terrain is necessary. Harry Wright commented that previously there was a garage there, only closer to the road.
Public input: Dave Currier, 16 Oakdale Road advised they cannot even see their cars, so cannot imagine a garage having any impact. Won’t impact only in a positive way.
Larry White, 24 Oakdale Road stated that he is not an abutter but a neighbor, and reiterated that there used to be a garage with that property in the late 60’s early 70’s. He has no exceptions, sees no problem.
Brooks McCandlish, Chair closed the Public Hearing.
Brooks McCandlish, Chair reviewed the five requirements and advised all five criteria must be met. Discussion and voting will occur.
1. Is the Variance contrary to Public interest?
Comments from board: Board unanimously agrees not contrary to public interest.
2. Is the spirit of the Zoning Board of Adjustment Ordinance observed?
Comments from the board: Yes, the board unanimously stated the spirit is observed.
3. Substantial justice is done?
Comments by the board: Board agreed unanimously the benefit to the applicant is not outweighed by harm to the general public or other individuals.
4. Values of surrounding properties are not diminished:
Comments from board: Board unanimously agreed, not diminished.
5. Literal enforcement of the ordinance would result in unnecessary hardship to the Applicant.
Comments from the board: No hazard in affect, a garage is a reasonable use of this. Also pointed out that if the garage would be in another location, an alteration of terrain would be necessary. Board unanimously agreed.
Mention was made that this decision could be appealed in 30 days.
A copy of a map was given to the ZBA by Harry Wright.
A document will be forwarded to Mr. Wright by the secretary, and he will procure a building permit from the Building Inspector.
The ZBA Chair will meet with the Budget Committee on October 13, 2010 to discuss their upcoming budget and discuss a 5% decrease from last year.
Motion was made, seconded and carried to adjourn at 7:40pm.
Respectfully submitted
Marjorie R. Cilley
Secretary