Zoning Board of Adjustments - Minutes (Final)
ZBA
Town of Epsom
Zoning Board of Adjustment
3/30/16 Final
In Attendance: Glenn Horner, Chairman; Ricky Belanger; Alan Quimby; John Dodge, Planning Board Representative; Mike Hoisington, Alternate; Andrew Ramsdell, Alternate; Gary Kitson, Alternate; Darlene Phelps, Recording Secretary
Not In Attendance: George Carlson, Vice Chairman
Also In Attendance: Denise McMillan, Jay Hickey, Don Harty
Case 2016-01 (McMillan, O’Neill – Variance) – Denise McMillan and Robert O’Neill III have applied for a variance to Article III, Section G [Residential Single and Multifamily Residence Requirements], Subsection 2 [Two Family Residences] to permit the continued use of a one bedroom apartment located above a detached two car garage. The ordinance requires that two family residences be attached. The property is located on 370 River Road within the Residential/Agricultural Zoning District and is identified on Epsom Tax Map as U-18, Lot 5, Sub-lot 2.
7:00 PM
Glenn opened the meeting and introduced the members of the board. The members voting on tonight’s hearing will be Ricky, Alan, Glenn, John & Andrew.
The minutes of 10/21/15 were reviewed. Alan made a motion to approve the minutes as presented. John seconded the motion. All in favor.
Glenn explained the procedure for the meeting. Denise McMillan was sworn in.
Glenn advised that his Public Hearing was properly posted in the Concord Monitor as well as in two public places. All abutters were notified by certified mail and all return receipts were received back.
Denise stated when they purchased the property it was advertised as having additional living space above the garage. During the safety inspection process she discovered that the apartment was never approved by the town. She is working on addressing the two safety concerns – a second egress and installing a fire wall between the roof of the garage and the floor of the apartment. She intends to have her step-daughter occupy that space.
Glenn asked about their septic system and she replied it is a 3 bedroom system. Jay said it is a 1500 gallon tank and a copy of the updated plan from 2007 is in their property file. There are 2 bedrooms in the mobile home and one above the garage.
Ricky asked if they plan to connect the house & garage and she replied no. There is 15’-18’ between the house and the garage.
Glenn asked if this property will always be owner-occupied. She said yes, they downsized, but wanted a separate place for either of their kids if they needed a place to stay. She is not opposed to a condition requiring owner-occupied property.
There are two separate tax cards for the mobile home & the garage.
Jay said a Fire Department inspection will be required before an occupancy permit is issued.
Alan made a motion to close the public hearing. John seconded the motion. All in favor.
The checklist was reviewed.
Question A. All members answered yes.
Question B. All members answered yes.
Question C. All members answered yes.
Question D. All members answered yes.
Question E. All members answered yes.
Question F (1). All members answered yes.
Question F (2). All members answered no.
Andrew made a motion to approve the variance with the following conditions:
Conditions:
1. Safety upgrades shall be completed and verification of completion obtained from the Epsom Fire Department prior to issuance of an occupancy permit for residency in the garage apartment;
2. The garage apartment shall be restricted to one (1) bedroom;
3. One of the two residences on the property (i.e. mobile home or garage apartment) shall be occupied by the owner of the property.
Alan seconded the motion. All in favor.
7:30 PM Old/New Business
There are two other cases pending, one is scheduled for April 20.
7:45 PM
John made a motion to adjourn. Mike seconded the motion. All in favor.