Zoning Board of Adjustment
Wednesday, January 17, 2024
Meeting Minutes
The Harrisville Zoning Board met on Wednesday, January 17, 2024 at Town Hall, 705 Chesham Road.
Members present: Charles Sorenson Chair, Rex Baker Vice Chair, Andrea Hodson Select Board Representative, Hal Grant Alternate, Mary Ann Noyer Alternate, Edward Tibbetts Alternate. Members absent: Jeffrey Trudelle and Patrick Gagne
Attendees: John Newcombe, Jennie Newcombe, Don Scott
The meeting opened at 7:00 pm. The board addressed the following matter:
John and Jennie Newcombe, 82 Westside Road (Map 70 – Lot 3-2), applying for a special exception under Articles 5.3.2. and 5.3.3. of the Harrisville Zoning Ordinances to replace a 295 square foot camp with a 988 square foot cottage, locating the new structure 26 feet further from Silver Lake in a more conforming location, behind the 50’ setback line, on the 2.81-acre parcel. The proposed structure is two stories, including a full basement.
The board heard from the property owner’s agent, landscape architect Don Scott, who addressed the existing and proposed conditions, including the submitted site plans and photos, denoting property features, setback lines, and design plans for the new structure. Mr. Scott also shared plans for drainage improvements, including drip line trench and infiltration bed details planned for the lakeside and two other sides of the dwelling.
Article 5.3.2. states the following: A non-conforming structure may be replaced or relocated on the property to a more conforming location by special exception of the Board of Adjustment. Nothing herein shall prevent the replacement or relocation of a non-conforming structure to a completely conforming location on the property.
Article 5.3.3. states: By special exception, a non-conforming structure may be expanded in either volume or area. This expansion must be in a direction away from the non-conforming aspect of the structure. For the purposes of this ordinance, open decks are not considered expansions; however, roofed porches are.
Mr. Scott describe the lot as almost entirely wooded, with minimal disturbance to occur to the existing vegetation and ground, for which an application to NH DES is being submitted. The property also contains two existing docks, which will remain.
Reporting impervious cover calculations, Mr. Scott noted the existing impervious surfaces cover 5.7% of the total acreage; the proposed conditions will result in impervious surface coverage of 6.8%, well within the town’s allowable limit of 30%.
Acknowledging the town’s requirement under Article 9.1.6. that no dwelling or structure other than docks or fences shall be erected closer than 75 feet from the high-water mark, Mr. Scott noted the new structure will be further from the high water mark than the existing non-conforming cabin it is replacing, and will be behind the state-mandated 50-foot setback. Special Exception relief is thus being sought under 5.3.2.
The applicants further alerted the ZBA of plans to construct a new primary dwelling on the parcel, at which time the proposed replacement cottage would become the accessory dwelling unit. The property owners will return to the town at that time for the required approvals.
The ZBA asked about distances to the nearest abutting structure and property lines, confirming more than sufficient compliance as well as extensive vegetative buffers. The existing septic tank will serve the proposed cottage, and an additional tank will be installed once plans for the primary dwelling are under way. The ZBA and applicants confirmed adequate facilities must be in place prior to issuance of building and occupancy permits for any structure.
Board members then asked about the 2,142-square foot manmade wetland, located about 40 feet from the proposed structure. Town ordinances contain a 25-foot no build buffer around wetlands which are 3,000 square feet or less. The man-made wetland was created when the gravel drive vehicle turnaround at the end of Westside Road was created, directing drainage into this area and away from the road. The applicants confirmed the proposed cottage is well beyond the required buffer. Additional acreage around the parcel is in conservation and protected from development.
Turning to the special exception criteria under Article XX, the board considered the following:
20.1.2.1. The specific site is an appropriate location for such use. Mr. Scott noted the proposed use is the same as the existing use, a residential dwelling, and is more appropriate given the location further back from the lake than the existing footprint. In addition, the cottage will sit on a slope, meaning the basement level will be on the lower slope which faces the lake and the first floor will face the road. Total height of the structure is 31 feet from average grade to peak. The ZBA agreed the site is appropriate for the proposed use.
20.1.2.2. The use as developed will not adversely affect the adjacent area. The applicants responded that the new structure will be less visible from the lake, and that the installation of the drip-line trench and infiltration beds will capture runoff from the impervious surface and improve drainage on the property. The only vegetation to be removed is allowable under state regulations. The board agreed the proposal would not adversely affect the adjacent area.
20.1.2.3. There will be no nuisance or serious hazard to vehicles or pedestrians. Given the proposed use and plans, the applicants feel no nuisance or hazard to vehicles or pedestrians is generated. The board agreed.
20.1.2.4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Mr. Scott reiterated that a new septic will be designed by certified septic designer and will be in place before a building permit can be issued. The ZBA confirmed the process required for compliance.
20.1.2.5. The proposed use shall comply with all the frontage, setbacks, minimum land area, sanitary protection, signs, and parking requirements for itself or its most similar use, except where specifically waived by the board, the reasons for such waiver to be set forth in writing by the board. The applicants confirmed compliance with all requirements, as noted on the submitted plans and application paperwork, except for the request to the ZBA for the special exception for the required setback from the lake. The ZBA noted in this case it is only waiving the setback in order to approve relocation to a more conforming location than the existing structure. The new structure, including the deck, will sit between the 50-foot and 75’ setback from the high water mark, but no closer than 50’.
With no further discussion, Mr. Sorenson moved to grant a special exception for John and Jennie Newcombe for 82 Westside Road to construct a 988 square foot structure as depicted on the application and plans, no closer than 50 feet from the lake. Andrea Hodson seconded. ZBA members voted 5-0 in favor.
A Notice of Decision will be issued following drafting of the minutes.
Minutes of November 15, 2023 – Members voted in favor to approve.
The meeting adjourned at 7:50 pm.