Notice of Continued Hearing on Request for Variance July 3, 2019

Posted on: June 24, 2019 - 11:57am

Notice is hereby given a ZBA hearing will be held Wednesday July 3, 2019 at 6:00 PM in the Conference Room of Town Hall, 148 Main Street, Lincoln, NH, concerning a request by Appellant Michael and Sonja Hamori, 304 Salem Street, Andover, MA 01810, for a variance concerning Article VI (District and District Regulations), Section B (District Regulations), Paragraph 2 (Land Use Schedule), Paragraph 4 (Dimensional Chart) of the Land Use Plan Ordinance (LUPO) to build a retaining wall greater than 4 feet in height within the 25 foot side setback area.  The home and original driveway were built in 1978.  The lot is steep and narrow.  Hamori’s driveway runs along the northern boundary of the lot within the 25’ side setback area.  Appellant substantially expanded and extended a retaining wall that is now substantially greater than four feet (4’) in height almost all of the way to the back of the lot.  The purpose of the extended retaining wall was to support the driveway and the house and to mitigate run off from the Hamori lot.  Hamoris already built most of the proposed retaining wall without engineering and without a Land Use Authorization Permit.  The home is located in the “Beechnut I” development, however the Beechnut I Homeowners Association is not active.  The home is located at 11 Beechnut Drive (Map 130, Lot 120) in the Mountain Residential (MR) District where the front, side and rear minimum setbacks are 25 feet.  Almost the entire retaining wall as proposed and built appears to be located within the 25-foot side setback area of both the Hamori Lot and the lot of the neighbors, James & Reny Burrows.  A portion of the wall was built on neighbor James & Reny Burrows’ adjacent lot (Map 130, Lot 119).  A hearing was held on Wednesday, November 7, 2018.  The hearing was continued to the spring after the snow melted to enable a survey of the wall on the lot.  May 6, 2019, Hamori indicated the wall had been surveyed, was partially located on Burrows lot and hoped to have a proposed solution by the end of June.