TOWN OF BRADFORD
ZONING BOARD MINUTES
April 1st, 2020
Members: Brooks McCandlish, Chair; Ken Parys, Vice Chair; Beth Downs, Nathanial Bruss Alternate William Duffy
Alternates: Robert Hodges; Absent, Denise Renk; Absent
Meeting was called to order at 7:03 pm
To Do: Elect Officers
Motion: Bill Duffy motioned to elect Brooks McCandlish as Head Chairman
Second: Beth downs
Decision: All in favor 4-0 Brooks Abstain
Motion: Nathanial motioned to elect Ken Parys as vice chair
Second: William Duffy
Decision: All in favor 4-0 Ken Parys Abstain
To Do:
Review and consideration of February 5th, 2020 minutes:
Motion: Nathanial Bruss motioned to accept the minutes as written.
Second: Ken parys
Decision: Beth Abstain 4-0
Review and consideration for the March 21st, 2020 site walk minutes:
Motion: Nathanial Bruss motioned to accept the site walk minutes as written.
Second: Ken Parys
Decision: All in favor
Review and consideration for the March 4th ,2020 minutes:
Motion: Bill Duffy motioned to accept the minutes as written.
Second: Nathanial Bruss
Decision: Ken Parys abstain, Beth abstain All in favor 3-0
Appearances:
Public hearing Jason Bugg began at 7:20pm.
Public hearing was posted at the BACC, Post office and in the newspaper.
Jason Bugg: Application to build a garage that would be attached to existing structure with living space above that initially would be vacant.
- Nice addition to the area, the addition wouldn’t be closer to the road than it already is.
- Would keep the character of the area and the Zoning Board.
- Cannot think of any negatives, it would help with storage and maintain a clean property
- The property surrounding the area would not be impacted and would add value to the area.
- The lot is difficult and cannot go any closer to the water, or any closer to the street.
Bill: the second plan shows distances from roads and water, what kind of septic and how old?
Jason believed the tank will need to be replaced in the next couple of years and maybe for a 2 bedroom.
Bill to Brooks: would the septic need a leach field? If replaced it would need to be up to current codes.
John Rice: Abutter does not have any issues with Jason Buggs proposed plan and is in favor of the variance.
No further public input.
State DOT email was reviewed at 7:33 PM
Town Zoning 50foot setback from roadway
States legal right of way the structure extends further from the roadway
The Zoning could approve this but the state would not at this point.
Have a surveyor or an engineer determine where the actual right of way is and if necessary, modify your current plan for the state.
Nathanial: if you stay at the same angle the structure will be half a foot from the right of way. Jason: I can modify the plans and talk to the contractor, and will follow up with the DOT.
Brooks will forward Jason the Email from the State DOT to review.
Bill: On the site walk we saw a perimeter drain around the existing building. Would this stay?
Jason: That water is from both runoff from the road and the slope. The drainage would stay for new structure.
Bill: What kind of driveway?
Jason: The plan as of now will be a gravel driveway.
Summary of Public Hearing Brooks: presented variance Jason Bugg, John Rice spoke as an abutter, State DOT sent email with concern structure would encroach about half a foot on state right of way.
Public Hearing closed at 7:50pm
Consideration of Variance:
Have the criteria been met?
- The variance is not contrary to the public interest
Ken expressed that this plan is left much to the interpretation, on the fence if this will change the character of the current structure. It is going to look much different. Beth Downs in favor and finds it will be an improvement. Bill agrees with Ken it will change the character of the building. Bill does violate zoning basic objectives; this adds 900 sq. feet of impervious surfaces how can this be mitigated? Bill how may the runoff be mitigated?
Brooks: Will the Character affect the public? Agrees with Bill one lot may not impact but if passed and the other lots wanted to do the same then it would be a concern.
Nathanial would like to hear Jason’s plan to mitigate? Jason explained that DES has the same concern, this lot is bigger than most of the lots and most of the lots are at maximum capacity, therefore they would not be approved by DES.
Nathanial expressed the concern between the proximity from the road and the structure would not allow the land to filter the water. Would like some reassurance that the runoff would have a way to be filtered. Adding natural vegetation on the lake side and downhill where the impervious surface would probably be the best way. Brooks shared that there may be a way to create some sort of catch basin, possibly other solutions to mitigate that.
- If variance is granted would the spirit be preserved? Nathanial does not think the spirit of the ordinance is affected by 6 inches. Bill agreed.
- Proposal would result in substantial justice being done? Bill expressed the loss of water quality is a concern.
- If the variance was granted would the value of the surrounding properties be diminished? Bill, I don’t see this having any negative impact on property values, Brooks and Beth agree
- Are there special conditions that exist: Nathanial given the choice of building closer to the road or lake, having the building closer to the road is the smarter decision with the infringement of the setbacks. In order to put an addition, the structure is going to encroach on something. Ken Parys suggested make the structure a 2 instead of 3 car garage and will give you more room for water filtration. Jason shared that DES wants a certain percentage of land not to be touched for water filtration.
Bill: If we want to suggest some mitigation techniques how do we go about this?
Brooks: We can approve conditionally with a professional’s expertise in water mitigation.
Motion: Nathanial Bruss motioned to have a Zoning Board meeting April 15th,2020 if we do not receive any new applications, we will not have a meeting in May.
Second: Bill
Decision: All in favor
Zoning Board Communications: The next Zoning Board meeting will be held on April 15th, 2020 at 7:00 pm Via Zoom. Instructions on how to attend can be found at https://www.bradfordnh.org .
Motion: Nathanial Bruss motioned to adjourn at 8:46pm
Second: Ken Parys
Decision: All in favor
Draft minutes submitted by Katie Olohan Zoning Board Secretary