Deering Zoning Board Of Adjustment
762 Deering Center Road
Deering, New Hampshire
Minutes of the Meeting of December 19, 2007
Deering Town Hall
UNAPPROVED
Call to Order: By the chairman, John Lassey, at 7:04 p.m.
Members Present: John Lassey, chairman, Larry Sunderland, Phil Bryce,
Also present: Alternate member David LeFevre, Conservation Commission members Ed Cobbett, Gary Bono and Betsy McNaughton
Chairman Ed Cobbett, at the request of the Conservation Commission, spoke about the 50 foot wetlands buffer zone: why it was established in 2003, how the 50 foot figure was arrived at, and its importance to streams and to Deering Lake. Scientific evidence, not available when the Wetlands Ordinance was approved in 1988, was available by 2003. Buffer zone widths ranging from 25 to 325 feet had been determined for species found in Deering, including reptiles, amphibians and mammals. Fifty feet was determined to be a minimum standard giving a modicum of protection to all species without adversely affecting taxpayers’ interests. By these standards a number of lots in Deering that have been taxed as buildable lots are not buildable. Many of these lots belong to
out-of-state owners who don’t bother filing for abatements. Variances to wetland setbacks and buffer zones can result in siltation of streams and lakes.
John Lassey explained that variances are exceptions to ordinance requirements where strict interpretation of the Ordinance is not essential and could result in a “taking.” Since 2001, changes in variance law criteria have tipped in favor of landowners. The Zoning Board is required to follow the law and grant a variance regardless of personal feelings, unless it can make the case that one or more criteria have not been met. In the recent case involving a lot on Crossroads the Board found that certain criteria had not been met and denied the variance. The applicant made changes in the plan, including a reduction in the size of the proposed house and relocation of house and garage, and eventually necessary variances were granted subject to various conditions. David LeFevre added that it is a purpose of the ZBA to maintain the integrity of the Ordinance by granting variances where the Ordinance may in individual cases create an injustice.
Larry Sunderland pointed out the need for expertise on technical matters which Board members probably don’t have, and that in the Crossroads case such evidence was helpful in setting conditions for the septic system. David said that evidence is critical, whether at the hearing or submitted to the Board in writing with a copy to the applicant. By recent case law the ZBA cannot refute expert witness evidence presented for the applicant unless it receives contrary evidence from persons having expertise in that field.
Betsy McNaughton asked about inter-board communication. John explained that the Conservation Commission, Planning Board and Selectmen have been getting copies of ZBA minutes, case decisions and agendas. Ed Cobbett asked that he be copied by e-mail on ZBA communications so he can forward them promptly to the other Commission members. John agreed to do this.
Minutes of the October 24, 2007 meeting: Phil pointed out missing punctuation. Larry moved the minutes be approved with necessary changes. Unanimously approved.
Schedule of 2008 meetings: Meetings are on the fourth Wednesday except in November, Tuesday before Thanksgiving, and December, third Wednesday. Phil moved to approve. Unanimously approved.
Annual Report for 2007: John distributed drafts and asked members to send him any comments before the January meeting.
Adjournment: Larry moved and all voted to adjourn at 8:18 p.m.
Respectfully submitted,
L. Sunderland
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