Minutes of June 14, 2013

PO BOX 110


June, 14, 2013

Bruce Antis Review of Application Meeting

Attendance:   Rick Hotchkiss, Ron Hull, Roger Sweet, Laura Lewandowski
Absent:  Robert Switzer

Public:   Silas Little,  Ann Sweet

Meeting was called to order by chair, Rick Hotchkiss at approximately 7:03PM.  
Roll Call was done.

This meeting was called to review the application.  It was felt that some issues had not been addressed.

Bruce Antis is requesting a building permit on his property off Gilsum Road, lot 3-029-001, where he wants to build a single family dwelling.  The reason for the variance is that this is a non-conforming lot that lacks the required 200 feet of frontage on a Class V road..  Current access is by right of way through the Scott Alexander property and newly purchased property that Mr. Antis acquired.  

 Mr. Antis had applied for a variance several years ago and was denied by the board at that time.

Rick Hotchkiss, chair, noted that several things were missing. Notification list possibly not complete and driveway permit issues.

Mr. Little had sent an email to Ms. Hull stating that there is no mortgage on the property and will need approval of the variance before going before the planning board for the driveway permit.

Rick Hotchkiss noted after reviewing the deeds, that Mr. Antis had purchased the Eleanor Kordt property. Map 3-029-000 that sits between the Antis and Alexander's property.  Also that Mr. Antis had acquired an easement of right of way through the Alexander property using the discontinued Morse Hill Road.  Mr. Hotchkiss, stated that Mr. Alexander only owned half of that discontinued road.  The other half was owned by abutter, Robert Swazey. The discontinued MorseHill Road had been a two rod  road, making Mr. Alexander's half of the road approximately sixteen and a half feet wide. Another issue is determining the exact location of  the Swazey/Alexander property line.  The town has received numerous complaints concerning issues of Mr. Alexander removing boundary stone walls and markers around his property.

Mr. Little stated that the zoning board first needs to allow the variance before firing any more issues at them as they do have a clear pass through Mr. Alexander's property.  Mr. Antis now owns 90 acres of property and wants to use the land for agriculture purposes and to build a single family dwelling.

Mr. Hotchkiss stated that there is still unresolved issues on the driveway and access to the property.

Mr. Little said the driveway will be brought up to the planning board and will be resolved at that time.

Roger Sweet asked  Mr. Little to explain the waiver of emergency services and or vehicles.
Mr. Little said the waiver of municipal liability that releases the town of any obligations is a nominal process.  The town is not under any obligation to provide emergency services.  As an example, in the the Hampton Water Works case a citizen lost his house to fire due to insufficient water pressure.  The insurance company sued with the allegation that because of lack of water pressure, the fire department was unable to extinguish the fire and the house was lost.  The court determined that the town did not have any liability.
Mr. Little  also stated that the waiver of municipal liability will follow possible future owners of the property.  And Mr. Little also stated if there ever was a house fire in his opinion they should let the house burn completely down.

Roger Sweet asked for his personal curiosity, just what agricultural plans Mr. Antis had for the property.  

Mr. Little said he was considering growing apples and vegetables.

Mr. Sweet said that apples and vegetables can be grown on properties without having a home on it. But that is not relevant to this case.

A question was asked again about the waiver and Mr. Little stated that the waiver works on any one who is on the Antis property and an emergency occurs.

Mr. Hotchkiss suggested that the board notify the Town Attorney, Gary Kinyon and have him review Mr. Antis's past files and to send him the new applications along with the boards' concerns of the unresolved issues of town responsibilities, no road frontage, and  the discontinued Morse Hill Road.

Roger Sweet made a motion to contact Gary Kinyon and set the date for the Variance meeting with the ZBA when Mr. Kinyon will be able to attend. Motion was seconded and passed.

Mr. Hotchkiss then recused himself from the board as he is an abutter to the property.  

A motion was then made to have Roger Sweet step in as chairperson.  Motion was seconded and passed.

Motion made to adjourn the meeting, seconded and passed.

Meeting adjourned at approximately 7:35 PM

Respectively submitted by,

Mary Hull
ZBA Secretary