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Minutes of 8/9/2007
August 10th, 2007
CARROLL BOARD OF ADJUSTMENT
MEETING MINUTES
August 9, 2007
These minutes of the Town of Carroll Zoning Board of Adjustment have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions and corrections by the Zoning Board at its next meeting when the Board votes its final approval of the minutes.
Minutes recorded by Susan K. Kraabel, Secretary Pro Tem
Members of the Board present, Joan Karpf, Chair; Leslie Bergum, Jim Early, John Goodney, Paul Bussiere
Members of the Public present: Real J. Pelletier, Rev. Ernie Gault, Billy Rines
The board reviewed the minutes of the May 10, 2007 meeting and made one change to page 7, paragraph 1. It was stated that a bond is required by law. Chairman Karpf moved to accept the minutes as corrected. John Goodney seconded the motion and it was passed 3-0, with Paul Bussiere and Jim Early abstaining as they were not present.
The Public Hearing for The Twin Mountain Baptist Church (199 Rte. 3 North, Map 205 Lot 35) request for an area variance began with Real Pelletier going over the basics of their request. He said the church is seeking to construct a deck and 24 ft. ramp for the handicapped at the front entrance to the building. They currently do not meet the front setback, and with this ramp, the setback will be decreased even more. The entrance will be directly in front of the building, with a 6 x 8 flat entrance that will allow wheelchairs to easily pivot around to get into the building. They have installed a bathroom on the first level of the building, immediately as you come into the building. There will still be stairs leading up to the entrance.
Billy Rines said they are trying to meet codes, that a previous fire department inspection had shown a need for a handicapped ramp. They have already made parking accessible, and the ramp is the next step to meet ADA standards. Mr. Rines stated they are not encroaching on the existing sidewalk or on state property with this ramp. He said the property line is 20 ft. from the edge of the building at one side, 16 ft. from the other side. Mr. Rines said the state right-of-way can vary usually it�s 20 to 38 feet from the center line of a road.
Discussing the fact that the building is already non-conforming, the board discussed having the ramp on the rear or side entrance. The rear entrance goes into the basement, and the side entrance, while on the same level as the front entrance, goes into the school. Also the water coming off the metal roof dumps right over this entrance.
It was stated that anyone coming into the building via the side entrance would have to come into the front sanctuary area behind the minister, and pass before the entire congregation to get to seating and the first floor bathroom, and they would probably have to rearrange the pews. Mr. Early asked if this would adversely affect the dignity of handicapped persons coming into the church, and was told it would. Rev. Gault said if they used the side entrance, they would have to cover it, they would either block off windows or the back entrance, and create fire protection problems.
Mr. Bussiere asked if given that this is already a non-conforming lot, can the board expand the non-conformity. Both Ms. Bergum and Mr. Goodney said they had researched this, and because they were not increasing the size of the building, there was not a problem. Ms. Bergum spoke about a similar case in Vermont where an applicant was denied an increase in non-conformity. The case was then overturned in the First Circuit Federal Court because denial would be detrimental to the handicapped. Mr. Early said we are part of the First Circuit District, and this would be applied to us even though we�re in New Hampshire. He also stated that if not approved, this applicant would not be in compliance with ADA provisions. Mr. Bussiere stated he was concerned about the board setting a precedent with regard to non-conformity, and this case in Federal Court is important in their decision. He also asked if the church had to go to the Planning Board, and Chairman Karpf said the Building Inspector would oversee making sure standards for ramps are met.
The board proceeded to review the five criteria for granting the variances, referencing Article III of the Zoning Ordinance, Sections 303.
#1. The proposed use would not diminish surrounding property values as the applicant feels the entrance would be attractive, and it would not interfere with the entrance to the Northern Zermatt, and the other abutters are mostly on undeveloped land. A vote on accepting the first criteria of the application was passed.
#2. Granting the variance would not be contrary to the public interest because it will provide a safer entrance for the public and allow the handicapped entrance to the building. A vote on accepting the second criteria of the application was passed.
#3. Denial of the variance would result in unnecessary hardship to the owner because the church would be non-compliant with ADA standards, and this is the only feasible entrance for the ramp. A vote on accepting the third criteria of the application was passed.
#4. Granting the variance would do substantial justice because it allows handicapped an entrance, the ADA standard will be met, and it will provide a safer entrance for the public. A vote on accepting the fourth criteria of the application was passed.
#5. The use is not contrary to the spirit of the ordinance because the spirit requires the safety and health of the public. A vote on accepting the fifth criteria of the application was passed.
It was stated that the board in accepting and reviewing this application did so primarily to allow the applicant to become compliant with the ADA standards for handicapped entrance to public buildings. Mr. Bussiere moved to accept the variance, Mr. Early seconded the motion, and it was passed unanimously.
The board reviewed the minutes of the July 12, 2007 meeting. Ms. Bergum asked that we add the statement �It should be 40ft.� to the end of paragraph 1, page 2. She then moved to accept the minutes as corrected. Mr. Goodney seconded, and the motion was passed.
There being no further business, the meeting was adjourned at 7:45 pm.