ZONING BOARD OF ADJUSTMENT

Walpole, NH  03608

Minutes of January 16, 2008

 

PRESENT:  Myra Mansouri, Chair., Jan Galloway-Leclerc, Leo Carignan, Bill Webb, Dave Calhoun, Larry Britton, and Mary Terese Lester.  Absent: Peggy Pschirrer.

 

Chair Myra Mansouri called the meeting to order at 7:30 P.M.

 

PUBLIC HEARING: Jim Vitous, Custom Design requests a variance of article IV D, of the Walpole Zoning Ordinance, for three signs to be placed on the South Side of Red Brick House, LLC, 57 Main Street, Map 20, Lot 49. The signs total 36’ x 18 inches.  The sign violates the setback requirements and will be installed within 100 feet of an existing sign.  The property is in the Commercial Zone.

 

Chair Myra Mansouri closed the meeting and opened the hearing asking Mr. Vitous to describe his application.  Mr. Vitous presented a photo of what the sign would look like and where it would be placed.  Chair Myra Mansouri noted that all notices had been sent to abutters and applicant’s representatives, and that no one was present to dispute the sign request. Chair Mansouri asked for comments from the board.  There was clarification that the sign would be on the south side of the building.  Being no other comments she closed the hearing and reopened the meeting, calling for consideration and review of the five criteria and by vote:

 

1: No decrease in value of surrounding properties would be suffered.  Jan Galloway –Leclerc stated all the properties are the same in the area. Board agreed.

  1. Granting the variance must not be contrary to public interest. Board agreed the variance is not contrary to public interest.
  2. Denial of the variance would result in unnecessary hardship to the owner seeking it.  Board agreed.
  3. Granting the variance would do substantial justice.  It was noted that similar variances have been granted for other lots.
  4. Use must not be contrary to the spirit of the ordinance.  Board agreed it is not contrary to the spirit of the ordinance. 

Dave Calhoun moved to approve the application for the Variance, seconded by Larry Britton.  All in favor, so moved.

 

            NEW BUSINESS:  Chair Mansouri reported on a meeting held in Concord on Saturday, January 12, 2008, hosted by Local Government – Clerks Works.  This meeting was very informative. She stated there will be another meeting on May 09, held my Local Government center and she hoped more members could attend.

 

            OLD BUSINESS:  Mr. Larry Woolbert was in to pick up a sign description form and will return completed form to Myra.

 

F.W. Whitcomb:  Mr. Larry Slason has requested that a continuance be granted to the February meeting.  Approved by Zoning Board members.

 

Chair Mansouri distributed to the board members copies of a letter from the town attorney Jeremy Hockensmith, Esq., regarding Kathy White, et al v. Town of Walpole Zoning Board of Adjustment. This pertains to ZBA’s approval of a Special Exception for Chamberlin Machine.

 

Minutes of December 19, 2007 – Jan Galloway-Leclerc moved to approve the minutes as written.  Seconded by Leo Carignan.  All in favor, so moved.

 

At 8:15 PM, Chair Myra Mansouri moved to go into non-public session to discuss personnel.  The board came out of Non public at 8: 25pm. And resumed regular meeting.

The Board voted Elaine Moore as the Zoning Board of Adjustment Secretary.

 

David Calhoun moved to adjourn the meeting, seconded by Leo Carignan.  Unanimous vote, meeting adjourned at 8:30 PM.

 

Respectfully submitted,

 

Elaine Moore

Secretary

 

Cc:  ZBA, PB. BOS, Town Office                       Posted: Town Hall, Lobby, Burdicks Market