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Minutes of 5/17/2018

May 31st, 2018


May 17, 2017

Members Present: Chair Dave Scalley, Vice-Chair Aaron Foti, Dianne Hogan and Joan Karpf
Public: Mike Hogan, Imrie Saltzer, Sue Mohla, Manager BW Market & Deli, Kylie Mohla, Brian Mycko, Wayne & Patti Mycko, Jim & Paula Murphy and Paul Bussiere
Minutes taken by: Rena Vecchio
Pledge of Allegiance: 7:00 PM

Approval of Minutes
The Chair asked if anyone had any questions or corrections on the minutes from April 12, 2018. Joan Karpf said that there was no mention in the minutes that there was no original site plan for the Mt. Deception Campground. She felt it was important to have that in.
Aaron Foti made a motion to: approve the minutes of April 12, 2018 with the correction that there was no original site plan for Mt. Deception Campground. Dianne Hogan seconded and the motion passed unanimously.
Sue Mohla had an application for a Special Exception for an ice cream stand at the Bretton Woods Market & Deli. Sue started to go thru her application. Joan Karpf asked why she was here for a Special Exception. She said she was in RES 2 and businesses were allowed. She said that the board had gone thru this 5 or 6 years ago and the lawyer had told the board that in RES 2 all the zoning was for the entire area unless it dealt with density. The density in that district, RES 2, dealt only with land involved in the Bretton Woods Concept Plan. Paul Bussiere, “retired” ZBA Chair agreed with Joan and said it would have been at the time of Mt. Deception Excavation application, 5 or 6 years earlier. There was nothing about that in any of the zoning ordinance books. Paul told the secretary to look in the folder for Mt. Deception Excavation. After a few minutes an email from Jae Whitelaw, Town Counsel, was found and it started that information about RES 2. After the board was able to read the email, the Chair said that it was obvious from the email that Sue Mohla did not need to be at the meeting. The ice cream business was allowed in the district. The board agreed with the Chair. Chairman Scalley also stated that all fees that were paid for the application, were to be refunded and that the board apologizes to her for the confusion.
Chairman Scalley said that he needed to recuse himself from this application and that the Vice-Chair, Aaron Foti would be running the meeting.
Brian Mycko stated that the house was placed too close to the street. The front setbacks were to be 30 feet. He said the measurements from the farmers porch is 29 feet and with the stairs it is 24 feet.
1. Does the request involve a dimensional requirement, not a use restriction?
2. Explain how the nonconformity was discovered after the structure was substantially completed.
The foundation was constructed by the contractor and the modular home was set with the farmers porch attached before realizing the contractor had put the foundation in the wrong location (too close to the front setbacks)
And how the violation was not an outcome of ignorance of the law or bad faith but resulted from a good faith error in measurement or calculation.
I was assured by the contractor that the foundation and house with the farmer’s porch and stairs would meet all zoning requirements/setbacks.
3. Explain how the nonconformity does not constitute a nuisance nor diminish the value or interfere with the future uses of other property in the area.
The hme will have no effect on any of the other properties nor crate a nuisance and will not diminish the value of any of the other properties in the area.
4. Explain how the cost of correction far outweighs any public benefit to be gained.
To correct the house would have to be torn down, the foundation removed and rebuilt from the ground up.
Jim and Paula Murphy are next door neighbors to Brian Mycko. They have lived there 3 years. They are here in front of the board because they had received an abutter notice. They are trying to figure out why the mistake was even made.
The Murphy’s comments and question:
• The original building permit was not done in compliance and the applicant is responsible.
• Page 3 of the building permit is missing
• A sketch with the placement of all buildings on the property and the front setback was listed as 45 feet, now it is 24 feet-why the big difference
• Building inspector should have had a conversation as to the difference-building inspector and contractor are the same
• No real plan at all
• There are wetlands in the back of his property-he has taken the old foundation an crushed it up and put it in the woods, several tons of it-DES would be very upset
Joan Karpf said that the applicant did not build the house, the contractor did. I would trust my contractor too. So it was the contractor that did not meet the setbacks. Accidents happen. Joan asked the Murphy’s if there was any obstruction of their views. The answer was no.
The Murphy’s:
• The process is flawed
• All should have noticed the foundation as it was being done
• They should have used setback sticks
• If Brian changed his stairs it would bring the setback to 29 feet

Brian Mycko said that the angle of the porch makes it a fire access problem if they do not leave the stairs where they are. Fire Chief has told him they have to stay where they are. And he said he asked his contractor multiple times about the setback.
Joan Karpf said the front setbacks are basically to keep people from driving into your living room. It is a safety issue. But Brian does not live on a main road and the speed limit is minimal there, so she does not believe it is a safety issue. She does support this equitable waiver.
Vice-Chair Foti went thru the Equitable Waiver Requirements asking the board:
1. The applicant request involves a dimensional requirement.
The board agreed.
2. The setback was noticed after substantially completed foundation and it was not done in bad faith.
The board agreed.
3. The waiver would not be a nuisance because there is no obstruction of view and no safety issues to the abutters.
The board agreed.
4. There would be no public benefit to have the house torn down and the foundation moved.
The board agreed.
Aaron Foti made a motion to: grant the Equitable Waiver of Dimensional Requirements for Brian Mycko, 33 Woodcrest Lane, Twin Mountain, NH, Map 418 Lot 065-000-03A. Joan Karpf seconded and the motion was unanimous.
Chairman Scalley took over the meeting and thanked Aaron. He said that the Chair of the Planning Board, Michael Hogan had asked to speak to the Zoning Board.
Mike told the Zoning Board that the Planning Board was revising the Zoning Ordinance and that they were working with Tara Bamford. Tara is looking to get a lot of input from the different boards in the town. Mike has approached the past Chair, Paul Bussiere and Imrie Saltzer who had been part of a board that redid their Zoning Ordinance in Ohio. Both have a lot to offer. The meetings will be May 22nd, June 19th and July 24th.
Joan Karpf made a motion to adjourn. Dianne Hogan seconded and the motion was unanimous. The meeting ended at 8:30 PM.