Zoning Board of Adjustment
Wednesday, August 16, 2023
Meeting Minutes

Members present: Charles Sorenson, Chair; Rex Baker, Vice Chair; Andrea Hodson, Select Board Representative; Patrick Gagne; Jeff Trudelle; Hal Grant (alternate); Mary Ann Noyer (alternate); Edward Tibbetts (alternate)

Attendees: Jessica Dragon, Jason Dragon, Tom Hanna, Don Scott, Leon Nikiforakis, Donna Stone, Dick Stone, Ranae O’Neil, Ronna Reedstrom, Meghan Killilea, Matt Whalen, Scott Stone, Bradley Reedstrom

The Harrisville Zoning Board met Wednesday, August 16, 2023 at 7:00 pm at town hall to continue the public hearing on the following matter:

Jason and Jessica Dragon, 41 Silver Road, Map 51- Lot 17– Applying for a special exception to construct a 2-1/2 story dwelling in a more conforming location, to replace the existing camp near its original footprint.

Voting members for the evening were named: Charlie Sorenson, Rex Baker, Jeff Trudelle, Patrick Gagne and Andrea Hodson.

Chairman Sorenson reviewed that, at the July meeting, the ZBA approved construction of a shed and also addressed most of the criteria for a special exception under Article 20, other than adverse impact. (See July 19, 2023 Dragon Notice of Decision.) For the Article 20 criteria, the ZBA requested additional information from both the applicant and abutter across Silver Road.

Consultant on the project, Don Scott, exhibited the site plan showing the proposed structure moved 4’ from the side property line and 4’ further back from the lake. The Chair reminded attendees that, in considering the plan and photographs that were submitted, the board was focused on Article 20.1.2. The use as developed would not adversely affect the adjacent area.

Mr. Scott also showed photographs depicting the existing and future views from the north and south sides of the Nikiforakis porch. Mr. Scott stated that the new dwelling would result in an average loss of view of roughly 25% from the abutter’s property. He also noted the growth of an existing maple tree in the coming years would have a further effect on the abutter’s lake views.

Land use attorney, Tom Hanna, also representing the applicant, noted that the proposed project was a permitted use, as long as all the conditions of the ordinances were met. He also referred to the testimony submitted by two realtors, both of which claimed that area property values would be enhanced as a result of the new dwelling and improved conditions.  HKS Realty claimed the view from the Nikiforakis property would be minimally impacted by the addition of a second story and that there would be no diminution of the Nikorakis property value.

Richmond Real Estate agreed that the value of the Nikiforakis value would not be negatively impacted. Both realtors, noted Mr. Hanna, believe the abutters’ property values would increase as a result of the project.

The Chair noted the board was most concerned with the Nikiforakis view directly affected by the proposed project. The board addressed the question once again whether the adverse impact provision includes more than just property values, or financial impact, and whether aesthetic effects could also be weighed.  Chairman Sorenson reiterated the advice of town counsel in this regard from last month’s meeting, to the effect that the town’s ordinances as written encompass visual as well as financial impact. The Dragon’s representative, Tom Hanna, stated that he agreed with that statement.

Several abutters, including Matt Whalen, Ranae O’Neil and Scott Stone, spoke to disagree with the perspectives exhibited in Mr. Scott’s photos, believing the scale and location of the superimposed structure were not accurate. Mr. Scott explained his method for placing the proposed dwelling in the location it appears in the photographs.

Abutters Brad Reedstrom and Meghan Killilea also asked about the effect of a taller structure on view of trees, not just views of the lake, and whether loss in both quality and quantity of view should be considered as part of adverse impact.

Scott Stone showed several photographs, submitted for the record, from various locations on Mr. Nikiforakis property. He noted how the views from the south side of the porch and from other locations would be obstructed by the height of the new home.  Mr. Nikiforakis stated he doesn’t believe the new home will increase the value of his property. He also shared pictures depicting his existing views of the lake.

Upon further discussion, the Chairman asked the applicant about the proposed relocation of the dwelling 4’ from the side property line, in order to move it out of the required setback and its currently non-conforming location. Specifically, he asked wouldn’t the move make the impact more severe on the Nikiforakis view, and would the applicant consider NOT moving the house out of the side setback?  The Chair confirmed that under this alternate scenario, the house’s footprint would still move 4’ further back from the lake, just not 4’ further in from the side boundary and not further into the line of sight from the Nikiforakis property.

The applicants responded they would be amenable to this, but explained the reason that they chose the new location was to make the structure more conforming with existing ordinances.

Member Rex Baker raised the importance of all viewpoints on the property, not just from the Nikiforakis house itself, which had received much of the focus.  The Chair noted that all abutters had been notified about the proposal and the only concerns raised related to the Nikiforakis property. It was also noted that the houses on abutting properties to the side of the Dragon property were a substantial distance away from the proposed structure and screened by trees and shrubs.

The Chair noted the challenge of balancing the rights of property owners and the applicants, and noted the work done by the Dragons to improve their parcel. These improvements were also noted in a letter of support submitted by abutters John and Julia Healy, and read aloud for the record by Chairman Sorenson.  The Chair added that, while sometimes change is not welcome, it is almost inevitable on properties.

Charles Sorenson moved to approve the application for a special exception for construction of the proposed structure as depicted generally on the site plan, without moving the dwelling out of the side setback but with moving it 4’ further back from the water. Pat Gagne seconded. During discussion it was confirmed that the only difference from the most recently submitted plan is the house would remain within the side setback, thereby decreasing the intrusion into the viewshed from the Nikiforakis property.

On a procedural question of whether this modification was allowed to be approved, it was noted that the proposed modification was actually covered by the original application to the board. The Chair noted that no additional abutters, other than those who have appeared at the public hearings, raised concerns about the application. The board also had extensively reviewed the structure and obtained additional testimony from both the applicant and abutters. With the modification, any obstruction that occurs will be reduced by 4 feet laterally.

The board voted 4-1 in favor concluding that the approved modified application would meet the terms of Article 20.1.2. regarding the absence of a significant adverse effect on the adjacent area. Andrea Hodson opposed, stating that she believed the proposal did not satisfy the adverse impact criteria under Article 20.1.2.

Don Scott confirmed he would submit a corrected site plan reflecting the structure as approved.

Minutes of previous meeting, July 19 – The board voted to approve the minutes of July 19.

The meeting adjourned at 8:35 pm.