Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT

TOWN OF FREEDOM

The following Public Meeting will be held at the

Freedom Town Hall, 16 Elm Street, Tuesday, July 27, 2021 at 7:00 pm.

AGENDA

 Public Meeting

 Review minutes from June 22, 2021 Meeting

• Unfinished Business
• New Business

 

Public Hearings

Case 26-4-21 Eugene W. & Denise M. Lawnicki Continued until ?

Applicant seeks a Special Exception under Article 3, Sections 304.6.5 as it pertains to tree cutting within 75′ of ref line and tree cutting of 75′ to 300′ of a ref line greater than 12.5% and 304.6.3 as it pertains to erosion control. Applicant also seeks a Variance under Article 3, Sections 304.5 as it pertains to a setback to a ref line for a retaining wall as shown on the plan as B and C and the bathhouse, deck and, patio and side setbacks for a retaining wall as shown on the plan as A and B also the house and the patio the  Map 26 Lot 4, at 380 Pequawket Trail.

 

Case # 30-12-21 Richard J. & Debra L. Strott Continued from June 27, 2021

Applicant seeks an appeal for a Special Exception under Article 3 Section 304.6.3.2 for erosion control in the shorefront and Article 3 Section 304.6.5.1 for Grid 8 tree cutting meeting the Special Exception standard.

The applicant also seeks an appeal for the following variances:

Article 3 Section 304.2 side & front setbacks for house.

Article 3 Section 304.5 (water side) setback house.

Article 3Section 304.2 side and front setbacks garage.

Article 3 Section 304.5 rear (water side) setback garage.  

Article 4 Section 406 Septic closer than 125′ to water (3 tanks and 1 field)

Article 3 Section 305.6.5.3 Tree cutting over 75’on lots over 12.5% slope in SF not meeting score requirement.

Article 9 Section 906.1 Expansion of Non-Conforming structure front setback house.

Article 9 Section 906.2 Expansion of Non-Conforming structure side and rear setback house.

Article 9 Section 906.1 Expansion of Non-Conforming structure front setback garage.

Article 9 Section 906.2 Expansion of Non-Conforming structure side and rear setback garage.

Article 9 Section 906.3 Expansion of Non-Conforming structure height increase garage.

Map 30 Lot 2, at 23 Marjorie Point Rd.

Case # 27-01-21 Ann Johnson

Applicant seeks an appeal for a Variance under Article 3 Section 304.5 front and sidelines do not meet the setbacks. Applicant wishes to build a 12’x 24′ deck on the backside of the house. Map 27 Lot 1, at 557 Huckins Rd.  

  

Case # 19-35-21 Bridget A. Paula

Applicant seeks an appeal for the following variances under:

Article 4 Section 406 the septic tank and leach field to be closer than 125′ from wetlands and

Article 3 Section, Table 304.2 side setbacks for mudroom and deck. Map 19 Lot 35, at 992 Ossipee Lake Rd.

 

Case # 8-7-21 Heidi Jones

Applicant seeks an appeal under Article 4 Section 406 septic tank and leach field closer then 125′ to wetlands. Map 8 Lot 7, at 283 Eaton Rd.  

 

Case # 33-38-21 Darlene C. Johnson & John Pisano

The applicant wishes to replace the existing home with a new home, garage and septic system that will be further from the waterfront and construct retaining walls that will break or soften the slope and lessen stormwater flowing down the hillside unabated. The new construction meets town zoning regulations. The applicant seeks an appeal for the following:

 

Special Exceptions under Article 3 Section 304.6.5.1 tree cutting within 75’of the reference line. Special Exception under Article 3 Section 304.6.3 for erosion control or cutting and removal of trees.

Applicant also seeks the following variances:

Article 3 Section 304.5 Variance sideline and rear (water) setbacks.

Article 3 Section 305.6.5.3 Variance for tree cutting on a lot greater than 12.5% grade

Article 7 Section 704.3 Structures exceed 15% of total lot coverage.

Map 33 Lot 38, at 169 East Danforth Rd.

 

Case # 25-10-21 The Caitlin Sackman Revocable Trust

This is an amended request to the application the Zoning Board granted in May due to an error in depicting the driveway into the garage. The plan approved mistakenly had the driveway entering the northerly side of the garage, while the doors were planned for the westerly side of the garage. Because of the grade change, this application is for the correct position of the access includes a retaining wall on the northerly side of the driveway. Applicant seeks an appeal for the following:

A Special Exception under Article 3 Section 304.6.3 Erosion control for the installation of a retaining wall for the driveway.

A Variance under Article 3 Section Table 304.5 of the zoning ordinance permit to permit the construction of a retaining wall within 14 feet of the westerly boundary line, which is further from the westerly boundary line than the existing home that will be removed. Map 25 lot 10 at, 14 Paulipoint Rd.

 

Case # 32-2-21 Troy and Stacy Fortier

Applicant wishes to modify Condition #5 of the May 7, 2021 Notice of Decision for the approval granted to Troy and Stacy Fortier at a hearing on July 28, 2020. Specifically, Condition #5 reads; “All existing buildings to be razed prior to start of construction”. They are requesting that the condition be modified to permit them to live in the westerly most structure, likely removing all or a portion of the existing deck, so that they may continue to live on-site while the project is under construction. Map 32 Lot 2 at, 498 Ossipee Lake Rd.

  

Case # 4- 3-1-21 Carla J. McLaughen

Applicant seeks and appeal for the following:

Special Exception under Article 3 Section 304.6.3 Erosion Control and tree removal withing within 75 feet of the lake.

Special Exception under Article 3 Section 304.6.5 Erosion Control and tree removal within 75 feet of the lake.

Variance under Article 3 Table 304.5

Variance under Aritcle 4, Section 406 to permit the removal of an existing non-conforming home and driveway to be replaced with a more conforming home and lengthened driveway within 75’of the shoreline of Loon Lake and to permit the installation of a septic tank and pump chamber within 125’of a wetland and Loon Lake. Map 4, Lot 3-1 at, 11 Phil Road.

 

Case # 24-13-21 DJH Investments Trust

Special Exception under Article 3 Section 304.6.3: Erosion Control

Special Exception under Article 3 Section 304.6.5: Cutting and removal of trees and natural vegetation in the Shorefront District.

The following variances are requested :

 Article 9 Section 906.3

Article 4 Section 406 of the zoning ordinance to Permit: the owner to convert an existing non- conforming seasonal dwelling to year-round, by replacing it with a new structure in the same footprint and adding a second story and install a new septic tank and pump chamber within 125 feet of a wetland as part of this project. Map 24 Lot 13 at, 173 Haverhill Rd.

Public Meeting

 

• Communication and miscellaneous.