Town of Bethlehem
2155 Main Street
Public Hearing
Tuesday September 13, 2016
Minutes
Present: Chair Lon Weston, Patrick Doughty, Amy Delventhal, Alan Jackson and alternate Christina Ferraro.
Excused absence: Mike Culver
Christina Ferraro is a full voting member in the absence of Mike Culver.
Lon Weston called the hearing to order at 6pm.
Minutes from July 26, 2016.
Amy Delventhal motion to accept minutes from 7-26-16. Patrick Doughty second 4-1 passed Alan Jackson abstained
Patrick Doughty read the public notice for AHEAD EQUITABLE WAIVER FOR LOT FRONTAGE.
Lon West explained that before the board begins with the AHEAD EQUITABLE WAIVER, due to an abutter no being notified., AHEAD would like to start with a new application for a Special Exception for multi family housing. Chairman Weston asked Mike Claffin if indeed this is their intention. Mike Claffin said “yes it is” Their application is already submitted and scheduled for September 27, 2016.
The applicate presented the request for an Equiable Waiver for AHEAD. Mr. Claffin explained that by combining 3 areas: James Street, Noyes Street and 302 they have the proper frontage of 150 feet. Bethlehem does not have a zoning rule for combing frontage.
Christina Ferrara read the application for the equitable waiver for lot frontage.
Public comment
Rita Farrell would like more explanation. Amy Delventhal and Patrick Doughty explained that Bethlehem does not have a Zoning ordinance against combing frontage to create a buildable lot. Abutter Mary Epstein gave a brief explanation an RSA for road frontage. Amy and Patrick told her that her interpretation does not have anything to do with requirements for footage for an access road.
Abutter Sylvain Epstein asked if there were legal council involved. The board explained that yes New HAMPSHIRE MUNICIPAL was asked. Rita Farrell requests the board to read any documentation from legal for public record.
Patrick Doughty motion to read the advisement from NHMA to waive attorney/Client privilege concerning EQUITABLE WAIVER FOR FRONTAGE. Amy Delventhal second 5-0 All in favor.
The former owner of the lot sought and received subdivision approval from the Bethlehem planning board in 1984 to create the lot on Main Street with 100 feet of frontage. It turns out that the subdivided parcel was in an area of Main Street that had been rezoned in 1974 to provide that it must have 150 feet of frontage neither the planning board nor the property owner realized their mistake presumably the town of Bethlehem has taxed the parcel as a separate and distinct parcel would with less than required front and since 1984, a period of 34 years.
There was a lot of back and forth conversations between the board members and the audience about frontage. Dann (no last name) said that the burden of proof is on the abutters. Amy said ordinances need to be clarified.
CHAIR LON Westin restricts public input at 7:25
Patrick Doughty motion to approve the equitable waiver based on RSA 674:33-a,2 lot frontage Amy Delventhal second all in favor unanimous 5-0 motion passes
Equitable Waiver of dimensional requirement approved for AHEAD LLOYDS HILL
Patrick Doughty motion to adjourn Alan Jackson second 5-0 unanimous
Adjourned at 7:35pm
Respectfully submitted
Debra Bayley
Planning/zoning clerk
