TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT MINUTES DRAFT
NOVEMBER 7, 2018
BRADFORD COMMUNITY CENTER
Roll Call:
Members: Brooks McCandlish Chair, Bill Duffy Vice Chair, Stephen Pierce, Nathanial Bruss, Alternates Ken Parys, Bob Hodges (seated)
Denise Renk – Absent
Meeting was called to order at 7:00 PM
Minutes of October 3rd, 2018 and November 6th, 2018 were reviewed and approved.
Appearances:
1. Brooks McCandlish opened a Public Hearing for George Neuwirt, Map 17/Lot 35 at 7:06pm. George appeared and reviewed his Variance Application requesting relief from Article III, Section D:3 of the Bradford Zoning Ordinance requesting a Variance to the minimum setback requirements.
George reviewed his application and outlined a proposal to build a small home on the lot, 20’ x 30’, as well as a garage in the future. He felt Variance approval would bring life back to an undeveloped lot which is Non-Conforming and outlined how he felt the project met the criteria required to receive a Variance. Brenda Spurlock, who would live in on the site if developed, was also in attendance.
Brooks read into record a letter received by the current property owner Trustee, Karen Kittredge, in support of the project stating she felt the growth for the community and financial tax revenue would be beneficial to the Town and the nature of the proposed use of the lot would not negatively impact abutters or the community.
Sonny Harris appeared in opposition of the project concerned that there was not a delineation of wetlands on the plan. He was also concerned about how the use may affect the water table and an adjoining brook.
Brian Rondeau, an abutter, spoke in opposition stating the proposed home would sit 8’ from his property line. He has livestock pastured on the adjoining property and also uses the property recreationally for ATV and snowmobiling. He felt the house site would be too close and he would receive complaints about noise and manure smells that would impact his own right to quiet enjoyment of his property.
Phil Hall, an abutter, spoke in opposition. He expressed concern that the lot is a half acre in size and lacked sufficient road footage to meet the Zoning Ordinance requirement of 2 buildable acres and 250’ of road frontage. He feels the lot should be made unbuildable. He also questioned the ability of the lot to support a well and septic system. Brooks noted that even though the lot is smaller than what the Regulations call for, it could meet approved water and septic requirements if it meets State Regulations.
Charlie Spaulding, an additional abutter, asked if any feedback had been received by the Conservation Commission. Brooks read into record a letter received from Ann Eldridge of the Bradford Conservation Commission. The Commission expressed concerns related to setbacks from wetlands and questioned whether a Certified Wetland Scientist should be involved. They also expressed concern as to whether construction on the lot would affect the water table and adjoining trout stream as well as whether granting Variances to the Zoning Ordinances would go against the expressed wishes of the voters who adopted the Town Zoning Ordinances.
The Board discussed instances where smaller lots are used for residences in Town and clarified each Variance situation is based on the specifics of the individual request and unique scenario.
Stacie Rondeau, an abutter, also spoke in opposition of the project concerned that it may limit use of her and Brian’s property in the future.
George outlined that he understood the property use is a sensitive subject. As a local builder for 20+ years as well as a being a licensed septic installer he would ensure the house is delineated from the wetlands and felt there was sufficient space on the lot to meet wetland setbacks. He also stated the lot had sufficient space to accommodate a well and septic design and a “Well Release Form” could be executed to absolve abutter concerns related to water contamination from an abutting property. He also commented that the back of the lot has a bank with an electric fence at the top that prevents the livestock on the adjoining property from coming down the bank. George felt that the proposed use of the lot was geographically appropriate and reasonable.
Sonny said he would be supportive of the project but is concerned about the wetlands and felt a Wetland Specialist should be engaged.
Phil Hall mentioned that the location of the electric fencing was not a factor as it is temporary in nature and can be moved as the demand for livestock containment dictates.
The Public Hearing was closed at 7:55pm.
The Board began deliberations with Nathaniel stating he felt there would be value in taking another look at the property now that the proposed structure had been staked out and felt there should be a closer examination of the wetland setbacks. Bill Duffy outlined concern that abutters were opposed to the project and felt that the hardship requirement may not be met as the applicant does not own the property. Other Board members felt the hardship criteria is not associated with the property owner but rather with the lot itself and that the lot should be flagged and taxed as unbuildable if it wouldn’t qualify for a Variance. Bob expressed concern with the 75’ radius, required around the well, falling onto an abutter’s property and felt a release of responsibility would be needed to install a well. The Board agreed further review and deliberation is needed before a decision can be reached as to whether the Variance would be approved or denied.
Motion: Nathaniel Bruss motioned to postpone deliberations until a Site Walk and wetland delineation study is completed and research is done concerning a well release form. The review will be completed within the next month with the Site Walk scheduled for November 20th at 3:00pm and deliberations continuing at the standing ZBA meeting December 5th at 7:00pm.
Second: Stephen Pierce
Decision: Vote 5-0 in favor
New Business:
1. No new business
Zoning Board Communication:
1. The next ZBA meeting will be held at the BACC December 5th, 2018 at 7:00pm
Motion: Stephen Pierce motioned to adjourn at 8:23pm
Second: Bill Duffy
Decision: vote 5-0 in favor
Draft minutes submitted by Laurie Colburn