Zoning Board of Adjustment

March 19, 2025

Town Hall

7 pm

Roll Call: Present Board members Chair Tom Murray, Vice-Chair Dave Edkins, William Sommers. Alternates Don Sellarole and Myra Mansouri. Absent: Board members Pauline Barnes and Shane O’Keefe.

Call to Order: Mr. Murray called the meeting to order at 7:02. He welcomed new ZBA member Bill Sommers. He asked alternates Myra Mansouri and Don Sellarole to sit in for the missing Board members. They agreed.

Minutes: Review of February 2025 minutes: Mr. Murray said in the last paragraph of page 1 the RSA number should be 674:33 not 6754:33. Mr. Edkins made a motion to accept the amended minutes as presented. Mr. Sellarole seconded the motion and the motion passed unanimously. 

Tonight’s minutes are unapproved and will be reviewed for corrections at the April meeting.

New Business:

Election of Officers

Mr. Murray asked for nominations. Ms. Mansouri nominated Tom Murray as chair. Mr. Edkins seconded the motion and the motion carried unanimously. Ms. Mansouri nominated Pauline Barnes as Vice-Chair. Mr. Sellarole seconded the motion The vote was 5-0 in favor. Mr. Sellarole nominated Mr. Edkins as Clerk. Ms. Mansouri seconded the motion and the vote was 5-0 in favor. 

Old Business:

Public Hearing: Variance: Jennie Cure, Map 11, Lot 27, 529 Valley Road, Rural/Ag District. Proposed is a wheelchair ramp. Ramp will be too close to the center of the road. Presenter and builder is Doug Phelps. Zoning Ordinance: Article VIII D-2.

Mr. Edkins recused himself from sitting in on this public hearing.

Mr. Phelps brought in a large drawing of the layout of the property: road, driveway, original house, a new deck, new addition and the location of the wheelchair ramp. All items were delineated in different colors. For example, the ramp, which is 20 feet with a 6.8-foot-by-5-foot pivot area at the top and a 1/12 grade, were outlined in green. He explained that his client bought her mother’s house on Valley Road. Her mother is now in a nursing home in Bellows Falls. The original section of the house was built in 1808. An addition was added to the home with all new features. He and Zoning Coordinator Ernie Vose measured the distance to the center of the road and it was 60.4 feet.

Mr. Murray explained that a person applying for a variance must meet five conditions. Following are conditions in regular type and the applicant’s response in italics.

1.

 Condition No. 1 Granting the variance would not be contrary to the public interest.

It is in the public interest that a dwelling be handicap accessible. 

Condition No. 2. If the variance were granted, the spirit of he ordinance would be observed because:

It wouldn’t infringe on the setbacks. 

Condition No. 3. Granting the variance would do substantial justice because:

The handicapped (person) would have access to a warm dwelling. Ms. Mansouri said friends of the handicapped person would also be able to visit.

Condition No. 4: Granting the variance will not diminish the values of the surrounding properties because:

The project has already increased surrounding property values. It makes the property look more civic minded and friendly.

Condition No. 5: Unnecessary Hardship: Owing to the special conditions of the property that distinguish it from the other properties in the area, denial of the variance would result in unnecessary hardship because:

1. No fair and substantial relationship exists between the general public purposes of the ordinance provision and specific application of the provision to the because:

Low profile and low impact. The construction of the ramp shows the owner is concerned about her property and the neighborhood.

and The proposed use is a reasonable one because:

The building always had two entrances that infringed on the setback. Mr. Murray quoted from RSA 674:33. “any zoning board of adjustment may grant a variance from the terms of a zoning ordinance without finding a hardship arising from the condition of a premises subject to the ordinance, when reasonable accommodation are necessary to allow a person or persons with a recognized physical disability to reside in or regularly use the premises…….”

Ms. Mansouri made a motion to approve the variance. Mr. Sellarole seconded the motion and the motion carried in favor 4-0. Mr. Edkins returned to sit on the Board.

Adjournment

Mr. Edkins made a motion to adjourn the meeting. Mr. Sellarole seconded the motion and the motion carried. The time was 7:37 pm.

Respectfully submitted,

Marilou Blaine

Recording Secretary

Tagged: Meeting Minutes, ZONING BOARD