Dorchester Board of Adjustment September 19, :00 P.M.

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1 Dorchester Board of Adjustment September 19, :00 P.M. Board of Adjustment: David Morrill, Chairman; Claudette Cookie Hebert; David Conkey; Michael Mock; Linda Landry, Planning Board Representative, Secretary Guests: Wayne Comeau - Applicant Justine Majeski - Abutter Nancy Plummer Robert Green Minutes of August 1, 2012: The Board of Adjustment reviewed the Minutes of the August 1, 2012 meeting of the Board of Adjustment. Additions/Corrections, Discussion: Correction Page 3 (Board of Adjustment Records/Minutes): M. Mock stated that he had retrieved files from the town computer, but that they were incomplete. M. Mock wanted incomplete changed to deleted. Discussion: L. Landry stated that the town files had been placed on a thumb drive furnished by Treasurer Brian Howe, when she ceased being the Secretary to the Select Board. The only files remaining on the Town Computer were the Welfare, Planning Board and Board of Adjustment files; the Select Board agreed to allow her to continue to use the Town Computer for those files. When the Board requested that the Town Computer be returned, she placed the Welfare files on the thumb drive and transferred the Planning Board and Board of Adjustment files to her personal computer. The thumb drive and the Town Computer were turned over to Selectman Arthur Burdette. M. Mock stated that the thumb drive was missing. Motion: To change the word incomplete to deleted By D. Morrill, Seconded by D. Conkey - APPROVED M. Mock stated that he had retrieved files from the town computer, but that they had been deleted. Correction: Page 3 (Board of Adjustment Records/Minutes) D. Morrill made the following correction: He stated that he not requested a fire proof file should read, He stated that he was not requesting a fire proof file, just a location that would prevent files from disappearing. Motion: To approve the Minutes of the August 1, 2012 as corrected By Claudette Hebert, Seconded by David Conkey APPROVED (unanimously) Public Hearing Area Variance Wayne Comeau Tax Map #3-231 and Tax Map # Town Line Pond Road Opened: 7:15 P.M. by Chairman David Morrill Roll Call: Chairman, David A. Morrill, Claudette Hebert, David A. Conkey, Michael Mock, Linda Landry - Quorum Wayne Comeau presented payment for the cost of notice. Chairman Morrill stated that the Board of Adjustment would be reviewing an application for an Area Variance submitted by Wayne Comeau regarding Article IV: District Regulations; Section A: Rural District; 1: Uses; a) The following shall be permitted uses in the Rural District: 1) One and two-family dwelling units, including single unit manufactured housing. (Definition of a dwelling unit: One or more rooms arranged for the use of one or more individuals residing as a single 1

2 housekeeping unit, with sleeping, cooking, and sanitary facilities. ). The variance pertains to a barn converted into a dwelling on a substandard lot (Lot # ) belonging to Mr. Comeau. Lot #3-231also belonging to Mr. Comeau is located across the road from the converted barn. Lot #3-231 is a standard lot upon which Mr. Comeau has maintained his full time residence for many years. In November of 2005, Mr. Comeau was granted an Area Variance for the converted barn located on Lot # with the following conditions attached: 1. The second dwelling barn will be moved to meet set-backs (50 feet from all boundaries) 2. The second dwelling occupancy is limited to 2 people 3. The second dwelling will not be used as a rental 4. This Variance will expire with any change of ownership 5. The decision will be recorded with the Grafton County Registry of Deeds Mr. Comeau is making a second application for a variance to remove/change the conditions applied to the property in Notice of the Public Hearing: The Public Hearing was posted at the Town Office, Town Hall, and on the town website. Notice appeared in the Valley News. Abutters were notified by registered mail and receipts are on file. Presentation by Wayne Comeau and Nancy Plummer: Ø The granting of the variance would not be contrary to the public interest because it doesn t affect any other properties. Ø The spirit of the ordinance is observed because the barn, converted to a guest house, has existed on the property since 2005 when granted a variance. The structure was relocated to meet all set-backs as prescribe under the Land Use Ordinance. Ø The structure has not diminished the values of surrounding properties, and has provided tax dollars to the town. Ø Mr. Comeau is planning to sell both parcels and feels that the condition requiring that the guest house revert back to a barn, if ownership changes, is unreasonable. Ø Mr. Comeau has no issue with the conditions of limiting occupancy to two people and that it not be used as a rental. Testimony: Linda Landry stated that when the 2005 Variance was granted it was based on the planned use of the structure as a mother-in-law apartment. Mr. Comeau has been a long time respected citizen of Dorchester, who has always had the best interest of Dorchester and its residents in mind. No one had any doubts that Mr. Comeau would abide by the conditions as set forth under the 2005 granting of the variance. However, with the parcels on the market, neither the town nor Mr. Comeau has any control over who purchases the parcels or what they do with the structures. If the new owners are required to come before the Board of Adjustment to reinstate the conditions of the variance, the Board would a least have the opportunity to advise the new owners of the restricted use of the guest house. If that condition is removed, the town has little or no means of enforcing the use of a structure. Michael Mock stated that although enforcement of the conditions of minimum occupancy and preventing renters would be difficult it could be done. Abutter Justine Majeski stated that she had no concerns regarding the granting of the variance. 2

3 RSA 674:39-aa Restoration of Involuntarily Merged Lots was discussed. (Addendum 1) Robert Green stated that to apply RSA 674:39-aa at this Public Hearing might open the Town up to litigation by abutters who were unable to attend. It was determined that RSA 674:39-aa was not applicable to this request for a variance. Public Input on the request for an Area Variance Closed 8:00 p.m. Finding of Facts: Ø The guest house (converted barn) located on Lot # does not directly affect surrounding properties. Ø The set-backs for the guest house on Lot # are compliant with Dorchester s Land Use Ordinance. Ø The removal of condition 5 from the 2005 Variance will make the property more attractive to potential buyers. Ø Condition 1 from the 2005 Variance has already been met. Deliberation: The Board of Adjustment began deliberations on the request by Wayne Comeau for an area variance regarding Article IV: District Regulations; Section A: Rural District; 1: Uses; a) The following shall be permitted uses in the Rural District: 1) One and two-family dwelling units, including single unit manufactured housing. (Definition of a dwelling unit: One or more rooms arranged for the use of one or more individuals residing as a single housekeeping unit, with sleeping, cooking, and sanitary facilities. ) of the Land Use Ordinance. Decision: Motion: To grant Wayne Comeau s request for a variance on Tax Map 3 Lots #231 and #231.1 regarding Article IV: District Regulations; Section A: Rural District; 1: Uses; a) The following shall be permitted uses in the Rural District: 1) One and two-family dwelling units, including single unit manufactured housing. (Definition of a dwelling unit: One or more rooms arranged for the use of one or more individuals residing as a single housekeeping unit, with sleeping, cooking, and sanitary facilities. ) of the Land Use Ordinance subject to the following conditions: 1) The second dwelling occupancy is limited to two full time residents. 2) The second dwelling will not be used as a rental 3) The decision will be recorded with the Grafton County Registry of Deeds By David Morrill, Seconded by David Conkey APPROVED (Approved- Morrill, Conkey, Hebert, Mock ~ Nay - Landry) BOARD OF ADJUSTMENT TOWN OF DORCHESTER, NEW HAMPSHIRE NOTICE OF DECISION Your are hereby notified that the appeal of You are hereby notified that the appeal of Wayne G. Comeau ~ 88 Town Line Pond Road Dorchester, NH For a VARIANCE ~ Tax Map 3 Lots #231 and #231.1 regarding: Article IV: District Regulations; A. Rural District; 1. Uses; a) The following shall be permitted uses in the Rural District: 1) One and two-family dwelling units, including single unit manufactured housing. (Definition of a dwelling unit: One or more rooms arranged for the use of one or more individuals residing as a single housekeeping unit, with sleeping, cooking, and sanitary facilities. ) of the Land Use Ordinance has been GRANTED, subject to the conditions listed below, by the affirmative vote of at least three members of the Board of Adjustment. 1. The second dwelling occupancy is limited to 2 full time residents. 2. The second dwelling will not be used as a rental 3

4 3. The decision will be recorded with the Grafton County Registry of Deeds David A. Morrill, Chairman, Board of Adjustment Town of Dorchester Dated: Motion: Discharge the Notice of Decision filed on 11/28/2005; Book 3895; Page 0538; with the Grafton County Registry of Deeds. By Claudette Hebert, Seconded by David Conkey APPROVED (unanimously). DISCHARGE BOARD OF ADJUSTMENT TOWN OF DORCHESTER, NEW HAMPSHIRE The Notice of Decision regarding: Is to be discharged and is no longer binding. A copy of the document to be discharge is attached. Wayne G. Comeau ~ 88 Town Line Pond Road Dorchester, NH BOOK: 3895 PAGE: 0538 David A. Morrill, Chairman, Board of Adjustment Town of Dorchester Dated: 09/19/2012 Motion to close the Public Hearing By David Morrill, Seconded by Claudette Hebert: Public Hearing Closed at 8:15 P.M. The Board of Adjustment will meet on October 3, 2012 at 7:30 p.m. at the Town Hall to review the Minutes of September 19, 2012 and to review the Comeau Decision before filing it with Grafton County Registry of Deeds. Town Building Project and How It Interacts with the Dorchester s Land Use Ordinances: Chairman Morrill, reported that he met with the Select Board and was provided with a copy of the RSA that states that as long as the property is performing a governmental function (Town Office) the town is not subject to Land Use Regulations. He is satisfied that the state approved septic system at the Town Office meets the criteria of this RSA. He will provide copies of the RSA to members of the Board of Adjustment at a future meeting. Michael Mock apologized to Chairman Morrill for the heated exchange at the meeting. Chairman Morrill stated that he accepted the apology and appreciated the gesture. Chairman Morrill thanked all for attending. Chairman Morrill will meet with the Secretary to prepare the documents for filing. Motion to Adjourn by David Morrill, Seconded by David Conkey Adjourned 8:45 P.M. Addendum 1: TITLE LXIV PLANNING AND ZONING 4

5 CHAPTER 674 LOCAL LAND USE PLANNING AND REGULATORY POWERS Regulation of Subdivision of Land Section 674:39-aa 674:39-aa Restoration of Involuntarily Merged Lots. I. In this section: (a) "Involuntary merger'' and "involuntarily merged'' mean lots merged by municipal action for zoning, assessing, or taxation purposes without the consent of the owner. (b) "Owner'' means the person or entity that holds legal title to the lots in question, even if such person or entity did not hold legal title at the time of the involuntary merger. (c) "Voluntary merger'' and "voluntarily merged'' mean a merger under RSA 674:39-a, or any overt action or conduct that indicates an owner regarded said lots as merged such as, but not limited to, abandoning a lot line. II. Lots or parcels that were involuntarily merged prior to September 18, 2010 by a city, town, county, village district, or any other municipality, shall at the request of the owner, be restored to their premerger status and all zoning and tax maps shall be updated to identify the premerger boundaries of said lots or parcels as recorded at the appropriate registry of deeds, provided: (a) The request is submitted to the governing body prior to December 31, (b) No owner in the chain of title voluntarily merged his or her lots. If any owner in the chain of title voluntarily merged his or her lots, then all subsequent owners shall be stopped from requesting restoration. The municipality shall have the burden of proof to show that any previous owner voluntarily merged his or her lots. III. All decisions of the governing body may be appealed in accordance with the provisions of RSA 676. IV. Any municipality may adopt local ordinances, including ordinances enacted prior to the effective date of this section, to restore previously merged properties that are less restrictive than the provisions in paragraph I and II. V. The restoration of the lots to their premerger status shall not be deemed to cure any non-conformity with existing local land use ordinances. VI. Municipalities shall post a notice informing residents that any involuntarily merged lots may be restored to premerger status upon the owner's request. Such notice shall be posted in a public place no later than January 1, 2012 and shall remain posted through December 31, Each municipality shall also publish the same or similar notice in its 2011 through 2015 annual reports. Source. 2011, 206:4, eff. July 24,