TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT MINUTES
October 21st, 2020
7:00 PM HELD REMOTELY VIA ZOOM PLATFORM
Members: Chair Brooks McCandlish, Nathanial Bruss, Beth Downs, Alternate; William Duffy, Vice Chair Ken Parys (Absent), Denise Renk (seated at 7:27pm)
Alternates: Robert Hodges (Absent)
Members of the public: Mike Beauregard, Tom Marshall, Babe Cegarlski, Dan Higginson, Liz Nolin Esq., Susan & Elliot Hansen, Susan Chuas, Ann Eldridge.
Meeting was called to order at 7:00 pm
To Do:
- Review and consideration of October 7th, 2020 minutes.
Motion: Beth Downs motioned to accept the minutes as written.
Second: Nathanial Bruss
Decision: Bill Duffy-Ayes, Beth Downs-Ayes, Nathanial Bruss-Ayes, Brooks McCandlish- Ayes.
New Applications: None
Public Hearing(s):
Variance Application for Map 23 Lot 15 Applicant Mike Beauregard- 6 Lake Massasecum Road:
The Public Hearing began at 7:06pm.
The applicant is seeking a variance from Article III section D-I of the Zoning Ordinance. The applicant is proposing to build a 22’x22’; two car garage. The applicant Mike Beauregard explained why a variance is needed. The garage will have two doors as opposed to the drawing submitted displaying only one door. The distance from the road is 31 feet and the town ordinance requires 50 feet. The applicant read the five criteria responses into record. Bill Duffy asked if any trees may have to be removed, the applicant stated only a few limbs will need to be removed. Tom Marshall who resides on 60 Davis Road is in favor of the garage being built. Babe Ceglarski who resides on 12 Massasecum Road is also in favor of the construction of the garage. There were no public present in opposition of the variance. The Chair Brooks McCandlish summarized the application. A site walk was conducted those in attendance were Zoning Board members Beth Downs, Denise Renk and Brooks McCandlish. Nathanial Bruss added that he has driven by the location and confirmed there is no other possible location for the garage.
The Public Hearing closed at 7:20pm.
The Board discussed the application at 8:42 pm
The Zoning Board discussed the five criteria: The Zoning Board felt the applicant met all 5 criteria.
Motion: Beth Downs motioned to accept the application as presented and to grant the variance.
Second: Billy Duffy
Decision: Beth Downs-Ayes, Denise Renk-Ayes, Nathanial Bruss-Ayes, Bill Duffy-Ayes and Brooks McCandlish-Ayes.
- A notice of decision will be sent to the applicant and will be informed that there is a 30-day appeals process, any work performed is at the applicants own risk within the 30-day period.
Variance Application for Map 7 Lot 76 Applicant Rick Deschenes 76 Davis Road:
The Public Hearing opened at 7:21pm
- Attorney Liz Nolin and Engineer Dan Higginson legally authorized to speak on behalf of the applicant were present. The applicant is seeking a variance from Article III section D- III of the Zoning Ordinance. The applicant is proposing the construction of a single-family two-story dwelling unit. Attorney Liz Nolin spoke on behalf of the variance the applicant is seeking. Liz Nolin read into record the response(s) for meeting the five criteria. The proposed home would be 23.2 feet from the north eastern abutter and 17.8 feet from the south western abutter. The Zoning ordinance requires 30 feet from each abutter. The Zoning Board discussed the abutting wetlands. Dan Higginson stated that the applicant has received approval from DES.
- Brooks McCandlish discussed setback requirements from the lake as well as the natural wetland buffer, these are two items that have not been addressed by the applicant. Dan Higginson stated the house is 81 feet from the lake. The Zoning Board reviewed a map of the property showing the wetland area. The wetlands definition was read into record. The engineer questioned if the variance could be amended. Dan Higginson explained how there would be no disturbance in any of the buffers in place. Nathanial Bruss stated looking at the property and the setbacks the deck that is also being proposed may also affect the variance the applicant is seeking. Zoning Board member Nathanial Bruss questioned the impervious threshold runoff. Dan Higginson explained that mini drywells could be put in place to catch roof run off into the dry wells and direct the drainage into an associated rain garden. Also stating that the topography drains away from the lake, the driveway is the next high point and would not drain into the south side of the lot.
- Nathanial Bruss questioned how high the house would be built for the 100-year flood line. Dan Higginson stated 3 feet off the ground.
- Brooks McCandlish read a letter from the Conservation Commission in regards to the application into record. Brooks McCandlish read into record the site walk minutes. The Board discussed if the applicant needed to amend the application pertaining to the wetlands. The Zoning Board would need to grant a variance within the buffer zone of the wetlands. The Zoning Board needs the number of feet; Dan Higginson stated that 25 feet would be sufficient from the wetlands.
Motion: Beth Downs motioned to accept the amended application with the two side setbacks reduced to four feet and the setback from the house from the wetlands to be 25 feet.
Second: Denise Renk
Decision: Nathanial Bruss-Ayes, Denise Renk-Ayes, Billy Duffy-Ayes, Beth Downs- Ayes, Brooks McCandlish-Ayes.
- The Chair Brooks McCandlish asked the public who were in favor to speak. Tom Marshall of 60 Davis Road is an abutter and is in favor of the variance being granted. Tom Marshall also stated that abutters John and Amy cook would benefit from the septic that would be put in place and that would benefit the lake environmentally speaking. Susan and Elliot Hansen stated that they are in support of the project moving forward.
- No one present spoke in opposition of the variance.
The Public Hearing Closed at 8:40 pm.
Appropriate fees received: Secretary Katie Olohan awaiting fees for the concord monitor noticing costs.
Motion: Nathanial motioned a continuation of deliberation for the November 4th,2020 Zoning Board meeting.
Second: Beth Downs
Decision: Nathanial Bruss-Ayes, Denise Renk-Ayes, Billy Duffy-Ayes, Beth Downs- Ayes, Brooks McCandlish-Ayes.
- Unfinished Business: None
- Other Communications: None
Zoning Board Communications:
- The next Zoning Board of Adjustment meeting will be held on November 4th, 2020 at 7:00 pm, remotely via the Zoom platform.
Motion: Bill Duffy motioned to adjourn.
Second: Beth Downs
Decision: Nathanial Bruss-Ayes, Denise Renk-Ayes, Billy Duffy-Ayes, Beth Downs- Ayes, Brooks McCandlish-Ayes.
Meeting Adjourned at 9:00pm
Approved Minutes written and submitted by
Katie Olohan, Zoning Board Secretary