TOWN OF HENNIKER

ZONING BOARD OF ADJUSTMENT

Approved Minutes

November 15, 2006

TOWN OF HENNIKER

ZONING BOARD OF ADJUSTMENT

Approved Minutes

October 18, 2006

Henniker Zoning Board of Adjustment

Approved Minutes

    July 19, 2006

Members Present:  Chairman Leon Parker, Members Ron Taylor, Kris Blomback. 

Alternates present: Jeff Connor, Rick Patenaude, Leo Aucoin, and Bob Stamps.

Members Excused:  Doreen Connor, Joan Oliveira, Heidi Hamel

Others present:  Applicant Ed Ulmer

Chairman Leon Parker called the meeting to order at 7:09 pm.  Mr. Parker appointed alternates Jeff Connor and Leo Aucoin to sit as members to hear case #2006-103.

Mr. Parker explained the procedure that was going to be used for the hearing.

Hearing Case # 06-103

Chairman Parker asked Chris Blomback and Jeff Connor to review the documents of the

case to make sure that all the proper notices had been sent.  They found the notices

were in order.

Case # 06-103 was presented by Ed Ulmer.  He requested an Area Variance from Article X, Section 133-41 of the Zoning Ordinance to permit 45 feet of road frontage where 125 feet is required.   Mr. Ulmer proposed using an old logging road for a driveway in order to access a proposed back lot that would be used to build a new house for his family.  A discussion followed concerning the line of sight for the driveway.  The discussion continued with suggestions concerning at the possibility of a shared driveway with his neighbor to the west, R.M Henry Revocable Trust.   Another discussion followed concerning redrawing the new lot in order to have the required 125 feet frontage.

There were no members of the public in attendance so there was no public comment.

Moved to go into private session- Ron Taylor moved, Jeff Connor seconded. All voted yes.

A discussion followed concerning the required 125 feet and possible alternatives.

Moved to go into Public session-Ron Taylor moved, Jeff Connor seconded.  All voted yes.

1.  The proposed use would diminish surrounding property values.

               Vote:  Yes-Ron and Leon     No-Jeff, Chris, Leo

2.  Granting the Variance would not be contrary to the public interest.

                Vote:  Yes-O       No-5

3a. Denial of the variance would result in unnecessary hardship to the owner.

                 Vote:  Yes-0       No-5

3b.That no fair and substantial relationship exists between the general purpose of the

zoning ordinance and the specific restriction on the property.         

                  Vote:  Yes-0       No-5

3c.The variance would not injure the public or private rights of others.

                  Vote:  Yes-Chris   No-Leon, Ron, Leo, Jeff

4.  Granting the variance would do substantial justice.

                   Vote:  Yes-0         No-5

5. The use is not contrary to the spirit of the ordinance.

    Vote:  Yes-0        No-5

A motion was made to deny the application (case # 2006-103) as presented by Ed Ulmer due to lack of hardship because there are alternate uses and solutions.
Moved by Leo Aucoin and seconded by Jeff Connor.  
Vote:  Yes-Jeff, Leo, Leon, Chris, Ron   No-0

Old Business:

Acceptance of the minutes of June 21, 2006 meeting is to be voted on at 

the next meeting.

New Business:

Revision of all ZBA Procedures to comply with the Board of Selectmen new appointment time frames was presented by Leon Parker.  The new Board of Selectmen appointments will start on September 1st of each year.  A motion was made to change the ZBA procedures concerning the election of Chairman and Vice Chairman from April of each year to September of each year beginning in 2007.

Leon Parker moved and Jeff Connor seconded.     
Vote:      Yes-5     NO-0

In the interim, a motion was made to elect Leon Parker as Chairman and Doreen Connor as Vice Chairman until September 2007.  Ron Taylor moved and Chris

Blomback seconded.  Vote:  Yes-5    No-0

The Board reviewed the proposed Variance Application changes for Area and Use Variances. 

Suggestions were made and Leon Parker will make the changes and present them at the next meeting.  The board requests that a copy of the tax map with the surrounding

properties is to also be included in the member’s information packets along with the

abutter’s mailings.

Ron Taylor brought up the subject of bowling alley lots and the possibility of proposing some kind of a front to side ratio for proposed subdivisions.  Bob Stamps gave a

brief history of a sub-committee surrounding the past efforts to increase lot frontage

for presentation to the voters of the town.

Leon Parker reviewed a spreadsheet comparing taxes in Henniker and similar towns in N.H. as presented by Cordell Johnston at a Board of Selectmen’s Meeting. A     discussion followed Mr. Parker’s remarks.

A motion was to adjourn the meeting at 8:45 pm.  Leo Aucoin moved and Chris

Blomback seconded.          Vote:    Yes-5     No-0

Respectfully submitted,
Ron Taylor         


7/20/06

Henniker Zoning Board of Adjustment

Approved Minutes

June 21, 2006

Members Present:  Chairman Leon Parker; Doreen Connor; Ron Taylor; Joan Oliveira and Kris Blomback were present at the meeting.  Alternates Jeff Connor, Rick Patenaude and Heidi Hamel were also present.

Others Present: Jennifer Astholz, recording secretary; Scott Osgood, representing the Henniker Congregational Church; William and Darby McGraw, applicants; and 20 residents in the audience.

Chairman Leon Parker called the meeting to order at 7:04 pm. 

Chairman Parker explained that he and Ron Taylor could not participate on the board at the last meeting due to their awaiting reappointment by the Board of Selectmen; however, their under an interpretation of the Selectmen’s new policy on Boards and Committees expiring appointments on the zoning board of adjustment have been extended through September 2006.  He also explained that the alternate members present may participate in discussions, but voting is done only by the panel.

New Business

Continuation of Case#2006-001:  An Area Variance application has been submitted by the Henniker Congregational Church at 5 Maple Street on Map 2, Lot 204 in the Residential Village (RV) District.  The variance is requested from Article XI, Section 133-47 to permit a maximum sign size of 36 square feet.

Chairman Parker asked Doreen Connor and Ron Taylor to review the documents of the case to make sure that all proper notices have been sent.

Chairman Parker reviewed the format for the hearings conduct..  He stated that the applicant will present the request; then he will ask for response from the public who are in favor and against the request.  There will be time for the board members to ask questions.  The meeting will then be closed to the public and the board will discuss approval or disapproval of the application.  Chairman Parker also reviewed the five points of consideration that must be made, including two tests to determine hardship status.  He stated that the board will closely follow the Supreme Court guidelines for both of the hearings presented at this meeting.

Doreen Connor noted that two letters from the public have been submitted, and the application is complete.

Scott Osgood, representing the Henniker Congregational Church, requested variance to zoning regarding the size of the sign on the front lawn of the church.  A local sign company has designed a sign with total measurements six feet wide by six feet tall, totaling 36 square feet.  The unit is to have changeable script to post information regarding church activities that are important to the community.  He stated that the next lot over (Que Pasa Restaurant) has a sign that size.

The size allowed in the business area is 40 square feet.  Mr. Osgood stated that the sign would not detract from the overall character of the town.  He feels that this sign and size of the font would be big enough to read without causing problems on the road. 

The five points to consider in granting this request were reviewed from the application. 

Mr. Colby, of the church board of trustees, stated that having information pertinent to weddings and funerals would be helpful to the public looking for the church. 

David Weber, audience member, stated that the current sign is currently buried under snow during the winter.  He described the new sign has having granite posts which raise the text of the sign higher to be seen well.  He stated that it is to be placed closer to the street so that it is easier to read while in traffic. 

Rebecca Warner, pastor, stated that having changeable lettering helps the public to know what kind of programs the church offers.

Bonnie Conway, audience member, stated that the proposed sign would fit in with the character of the town.

Chairman Parker asked if there were any members of the public who do not like the idea.

Kathleen Hatt, audience member, presented a summary of a letter she had written to the zoning board outlining her disapproval of the proposed sign.  She stated that the size of the Que Pasa sign is not quite four feet by four feet.  She stated that detailed information on a sign is not an efficient way to disseminate information and that a sign is not safe concerning the traffic.  She suggested other means to disseminate information such as the sign on the Parish House, a church bulletin or the use of a website.  She stated that the proposed sign is not in keeping of the character of the town.  She stated that the sign would diminish property values and would cause increased light pollution.  She specifically asked for the board to deny the request.

Kris Blomback read the letter written by Ms. Hatt, dated June 20, 2006, in its entirety. 

Chairman Parker then read a letter that was addressed to him as the chairman of the board by Cynthia Marsland.  This letter expressed her displeasure with the proposed sign as it does not reflect the rural character of the town.  She stated in the letter that if the church is allowed this sign, then other business will want larger signs. 

Benjamin Winther, audience member, expressed his disapproval of the variance.  He stated that he is not in favor of a large plastic sign.  He stated that he is not in favor of any more lights on the church property and feels that property values will be diminished. 

Ron Taylor stated that according to the sign ordinance, the lights on the sign could be on from 7 am to 11 pm.  

Jennifer Kirshneur, audience member, stated that she lives one street over and is not bothered at all by light pollution.

Scott Osgood responded to each of these items.  He stated that the actual signage is only six feet wide by two feet tall, or total of 12 square feet.  The requested measurements were from the top to bottom of the posts.  He described the sign as being mainly constructed of granite and wood, comparable to the “Welcome to Henniker” sign. 

Discussion took place as to the kinds of information that would be posted.

Rebecca Warner, pastor, stated that the changeable script would mainly be used to inform of special services such as Christmas and Easter, the World Hunger Banquet, vacation Bible school and other special events which involves the whole community. 

Heidi Hamel asked why the location of the sign has been changed.

Scott Osgood stated that the position was changed for better visibility from the road, and it gives those that are looking for the church more time, thus increasing traffic and public safety.

There was continued discussion about the actual square footage of the proposed sign.  Chairman Parker confirmed that the applicant is actually requesting 24 square feet of sign surface area.

Barbara French, audience member, stated that there are two purposes for the sign; church members are one consideration, but the sign is more for travelers going through town.  New people are not looking at a website or bulletin.  She stated that anything that the church can do to reach the community outside of their existing members is important to the entire community. 

Many audience members and board members alike expressed their concern over the changeable lettering.  They stated their main concerns of it not being adequately maintained and the opportunity for vandalism, obscene sayings, etc. 

Scott Osgood stated that he appreciated hearing from the abutters about what they want to see in their town.  He stated that he shares their concerns and wants to have the church’s sign be as unobtrusive as possible while caring for the needs of the church. 

John Weber, audience member, stated that he is hearing a lot of opinions, but not a lot of facts about the sign issue.  He stated that the sign would be lit with an overhanging light so as not to cause a great deal of pollution.  He stated that the street lights cause the pollution, not the lights from the church.  He stated the need for a brief, tasteful sign inviting the community to church.

The public session was closed at 8:05 pm.

Chairman Parker stated that the alternates may give their opinions, but the voting would be done by the board.  A review of criteria was made.  Chairman Parker confirmed that a sign of 24 square feet supported by granite pillars with lighting from the top down was the actual request.

1)  Would the proposed sign not diminish property values? 

Rick Patenaude stated that he did not think it would make a bit of difference.

Jeff Connor, Joan Oliveira, Kris Blomback, Ron Taylor and Doreen Connor agreed with him.

Vote: 5-0 that the proposed sign would not diminish property values.

2)  Would it be contrary to public interest?

Jeff Connor stated that it would not. 

Doreen Connor stated that she thinks that it would.  She stated that the sign is similar to that which is zoned in other districts, and the town decided to have different regulations for that area.  She stated that one option would be for the town to change the zoning of the church.  She stated that she is also concerned about the changeable script. 

Chairman Parker stated that he thought the sign could be changed a little bit to fit within the zoning regulation. 

Heidi Hamel stated that granting a variance to the church opens the door for others on the street to request variances. 

Rick Patenaude stated that he did not have a problem with the other church’s request either.  He commented that this discussion illustrates how good we have it in this town.  He questioned the possibility of using temporary signage to hang under the main sign for special events.  He stated that in light of public interest, it is better to appear friendly and inviting.  He also stated that he does not find it offensive to have changeable lettering. 

Joan Oliveira stated that she agreed with Doreen, and it is necessary to meet zoning criteria.  She stated that following the law does not make Henniker an unfriendly town.

Kris Blomback stated that zoning is property specific.  While he does not personally have an issue with it, he believes it is contrary to zoning.

Vote: 4 against; 1 in favor

Chairman Parker asked for the decision on the other church’s request for signage.  It was stated that a sign of 15 square feet with no changeable lettering was granted in the rural location. 

3a) Hardship test; is there special condition of property making variance necessary?

Jeff Connor stated he had no opinion.

Ron Taylor stated that he is inclined to approve a variance to 15 square feet based on the decision for the other church.

Doreen Connor, Heidi Hamel, Joan Oliveira, Kris Blomback and Rick Patenaude stated that there is no hardship.

Vote: 5-0, no hardship

3b) This hardship test does not apply in the case of signage.

4) Substantial Justice

Vote: 5-0 For

5) Contrary to spirit of the ordinance

Vote: 5-0 felt that it was contrary

Chairman Parker stated that the board is willing to consider an alternative to the request; however, they do not have the opportunity to approve the request as proposed.

Ron Taylor moved to not approve the application as submitted.  Joan Oliveira seconded.  The motion carried, 5-0.

Ron Taylor moved to grant a variance for the construction of a sign for the maximum of 15 square feet without lighting and without removable letters at the proposed location.

Kris Blomback amended the motion to include lighting of the sign from the top downwards. 

Joan Oliveira seconded the amendment. 

The amendment of lighting the sign from the top downwards was passed, 5-0. 

Ron Taylor moved to accept the variance to allow a sign of 15 square feet, with top-down lighting, and without removable letters at the proposed location.  The motion passed, 4-1. (Ron Taylor, Kris Blomback, Joan Oliveira and Leon Parker for; Doreen Connor, against.)

Chairman Parker stated to the applicant that both sides of the case had been heard, and the variance is a stretch from what could actually be allowed.  Any people opposed to this decision can file an appeal on the decision, and he recommended that the applicant wait 30 days before spending any money on a new sign to see if an appeal is filed.

Discussion of this case ended at 8:40 pm.

Case #2006-102:  An area variance application submitted by William and Darby McGraw at 11 Maple Street on Map 2, Lot 201 in the Village Proper (RV) District, requested from Article V Section 133-23D to permit the construction of a single family dwelling on a lot less than 20,000 square feet

Mr. McGraw presented the request to the board noting that they understood that granting a variance is a discretionary decision of the board.  He stated that he has a 90-year old cousin currently residing in California that they would like to move out here close to them.  They intend to construct a Williamsburg reproduction home for her on this property.  He stated that additional information was sent to the abutters this week, and he submitted copies to the board.  Mr. McGraw noted a correction on the map of the west boundary from 202 feet to 242 feet.  He stated that the approximate scale of the map is 40 feet to one inch.  Mr. McGraw provided information as to all of the other lot sizes on the street and a summary of the five points that are to be considered.

Mr. McGraw stated that the proposed lot, if allowed, would still be larger than eight of the 14 lots on Maple Street as the lot they are looking to create would be approximately .40 acre.

Chairman Parker stated that Mr. McGraw has presented information that speaks directly to the five criteria necessary.

Doreen Connor asked for clarification of request as the application states that the lot is 18,300 square feet (700 square feet short) and the supplemental data shows 118 feet short.  She asked when a survey would be done as the numbers could change. 

Mr. McGraw stated that the second map is more accurate than the first, but a decision was made to vote on the submitted application as it gives more leeway. 

Chairman Parker stated that a survey will need to be done when presenting to the planning board.

Review of the five criteria were as follows:

1) Proposed use would not diminish surrounding property values:

Chairman Parker moved that the construction of the proposed home be of the proposed character and would not diminish surrounding values.  Ron Taylor seconded the motion. 

Vote: 5-0, agree.

2) Proposed variance would not be contrary to public interest:

Vote: 5-0, agree

3a) Unnecessary hardship:

Doreen Connor stated that because the proposed lot is bigger than many does not give something unique or special to the lot.  She stated that she would be more comfortable if she know the exact size or the proposed lot. 

Vote: 4-1 that the hardship test was met (Doreen Connor, dissenting)

3b) Hardship as benefit cannot be achieved by some other means:

Vote: 5-0, agree

4) Substantial Justice:

Vote: 5-0, agree

5) Use is not contrary to the spirit of the ordinance:

Vote: 5-0, agree

The board discussed the square footage of the proposed lot. 

Chairman Leon Parker moved to approve the area variance of the construction of a single-family dwelling on a lot slightly less than the 20,000 lot size required under Section 133-23D.  The proposed lot would contain more or less 18,300 square feet and meet the other requirements of the zoning ordinance.  Ron Taylor seconded the motion.  The motion passed, 5-0.

Old Business

Doreen Connor moved to accept the minutes of May 17, 2006.  Joan Oliveira seconded the motion with the correction of the spelling of her name.  The motion passed, 5-0.

Chairman Parker closed the meeting at 9:33 pm.

Respectfully submitted,

Jennifer Astholz

Henniker Zoning Board of Adjustment

Approved Minutes

May 17, 2006

Members Present:  Doreen Connor and Joan Oliveira

Member’s Excused:  Kris Blomback; Rick Patenaude; Leo Aucoin; Heidi Hamel

Others present:  Leon Parker and Ron Taylor were present in the public session, as their terms on the board have not yet been extended by the Board of Selectmen.  Jeff Connor’s term has also not yet been extended.  Jennifer Astholz, Recording Secretary; and Scott Osgood were also present.

Doreen Connor called the meeting to order at 7:00 pm.

New Business:  Case #2006-001.  An Area Variance application has been submitted by the Henniker Congregational Church at 5 Maple Street on Map 2, Lot 204 in the Residential Village (RV) District.  The variance is requested from:

            Article XI, Section 133-47: to permit a maximum sign size of 36 square feet.

The file was reviewed, and it appears that three abutters to the property had not been notified about the public hearing.  Ms. Connor made a motion to continue the hearing, and Joan Oliveira seconded it. 

Scott Osgood, representing the variance request, stated that he is not sure if this is correct information, but he will act on it accordingly. 

Ron Taylor stated that he is certain that one of the parties noted is definitely an abutter, but he is not certain about the other two in question. 

No further comments were heard, and the case will be continued at the next meeting

June 21, 2006. 

No other business could be addressed, as there were not enough board members present.

Doreen Connor adjourned the meeting at 7:13 pm.

Respectfully submitted,

Jennifer Astholz

Approved Minutes

Zoning Board Meeting

Wednesday January 18^th, 2006

Henniker Town Hall

Present: Leon Parker Chairman, Board Members: Ron Taylor, Joan Oliveira, Kris Blomback, Doreen Connor. Alternative members: Richard Patenaude, Heidi Hamel, and Jeff Connor

Also present: Ben Mozralli, Blade Sutton, Beth Sutton, and Jim Walsh. There were others present that did not sign in.

Leon Parker called the meeting to order at 7:10 pm.

Mr. Parker called CASE # 2005-108 on the Suttons to begin. He explained the procedure for the hearing.

Mr. Sutton started off explaining about his two year old grandson who was ill with a rare form of cancer that requires a year of chemotherapy. He said that his grandson had no immune system because of the chemotherapy. He said that he and his wife have to sell their house because they are going to go to Rhode Island to help their daughter with their grandson. He then stated that they wanted to increase the value of their property as to make enough money to get started in Providence, RI. They asked to be able to split the five acres. He stated briefly about a heavily wooded area between the properties, and if the five acres were split, a development made on the new lot would not be visible by more than one home.

Leon Parker asked Mr. Sutton if he had gone to the Planning Board. Mr. Sutton said yes, and they told him that he would have to be granted a variance first from the zoning board. They said if that happens, there’s no reason to get an approval from the Planning Board. Mr. Parker asked for the public opinion.

Ben Mozralli said that he was against the idea. He stated that he abuts the Suttons on the entire south side. He said that there are wetlands there, and he presented a map to the Board. He said that any disruption on their land would therefore disrupt his as well, because of those wetlands. Leon Parker said that the appropriate place to deal with this issue would be in front of the Planning Board. He said that it is their jurisdiction.

Jim Walsh said that he was also an abutter. He said that he usually didn’t bother neighbors, about their business, but he had some concerns. He said to the Suttons that their trying to divide the land, and possibly subdivide on one of those parts, would infringe on many of the surrounding property owners. He said some of the abutters were not present at this hearing. He also stated a question that some of the property owners were all concerned about, being that beyond all of their control, who’s going to buy the land, and are they going to help maintain the road, and keep the peaceful environment that has been there.

There was a discussion on this matter that was inconclusive.

Richard Patenaude said that he wasn’t sure of the exact details on the law. He said that he did understand the concept of the proposal though. He thought that it was a good idea, and it seemed logical, so he was for the proposal at this point. Joan Oliveira said that she didn’t think the proposal met the criteria for a variance. Mr. Parker agreed with Joan.

There was a discussion.

Leon Parker discussed and old case with somewhat of the same issue. In that situation the Panning Board had allowed the applicant to put in a driveway/ private road, in the maintenance agreement. He said that if the Suttons did that, they would not need a variance. He stated that they’d have to have about 500 feet of road frontage. He said what they don’t have, is a road maintenance agreement.

Mrs. Sutton said that she was confused on that topic. Leon Parker told her that basically the point was, that in the previous case, the Board had refused a variance because of lack of frontage. The point being that they would not need a variance. Doreen Connor said that it seemed the only way to do it.

Jim Walsh asked about the Planning Board’s willingness to make Class 5 specifications, and other minor changes, if all the abutters were satisfied. Leon Parker said that they could be willing to accommodate everyone, to make the process a little less of a hassle.

Mrs. Sutton asked if they were saying that it needed to be a Planning Board issue, instead of a Zoning Board issue. Mr. Parker replied affirmatively.

Jeff Connor said that as far as he was concerned his theory was, if the abutters were concerned with the Suttons or any other neighbor for that matter selling their property, then they should buy it themselves. He also stated that he didn’t think the making of a Class 5 road would be very productive.

There was a brief discussion about road maintenance agreement rules.

Doreen Connor made a MOTION to deny the request for a variance for reasons of total lack of frontage for the second lot. Joan Oliveira seconded the motion. All the Board members agreed on the motion.

The Suttons thanked the Board for their time and help.

The Board reviewed the minutes of November 16^th, 2005 by Lisa Demers.

Ron Taylor made a MOTION to approve the minutes of November 16^th, 2005. Joan Oliveira seconded the motion. The Board members all agreed on this approval.

Leon Parker said that this year’s OEP conference would be held at the Radisson hotel in Manchester, NH on April first. Mr. Parker also told the Board about the Land Development conference to be held in Manchester on March 30^th.

Kris Blomback was excused from the meeting at 8:20 pm.

Mr. Parker discussed a little about candidates for the Planning Board and the Selectmen. He also went over a few topics from the Budget Committee meetings.

Ron Taylor made a MOTION to adjourn the meeting at 9:00 pm. Leon Parker seconded. The vote was unanimous in favor of the motion.

Respectfully submitted,

Kymlee M. Murphy

Henniker Zoning Board of Adjustment

Approved meeting minutes held on November 16, 2005

Members present: Leon Parker, Chairman, Board Members; Ron Taylor, Joan Oliveira, Alternative Board Members; Jeff Connor, Heidi Hamel, Leo Aucoin,

Member’s excused:  Kris Blomback, Doreen Connor, and Richard Patenaude

Guests present:  Peter Flynn, Mike Martin, Mrs. Ward, Bill Preble

Meeting called to order at 7:05 p.m. by Chairman Leon Parker.

New Business

Hearing :

Case #2005-107 - An Area Variance application has been submitted by Peter Flynn on behalf of the Town of Henniker for St. Theresa’s Church at 9 Crescent

Street on Map 2, Lot 240 in the Residential Village (RV) District.  The variance is requested from:

Article X, Section 133-41: to permit less than 100’ frontage.

Article X, Section 133-41: to permit less than 2 acre lot size.

Article V, Section 133-23H (2): to permit a driveway less than 10’ from the side lot boundary.

Mr. Parker stated the application fee has been waived for the Town of Henniker.

Mr. Taylor recused himself from the hearing, leaving a panel composed of Parker, Oliveira, Aucoin, Connor, and Hamel.

Peter Flynn addressed the board on behalf of the Town of Henniker.  The town is interested in sub dividing the land and the parking lot.  Selling the building as a residential property (with the benefit of putting the property back on the tax roll) and keeping the parking lot.  The building has no connection to town water/sewer.  The buyer would be required to install them.  The building would be sold “as is.”  

Mr. Flynn continued to state that the water hook-up would not be a problem; since the line is right outside the door, however, the sewer connection would have to be brought down to Rush Road and could be very costly.  This, obviously, would be disclosed to any potential buyer.  Mr. Flynn also stated that there is an unofficial right of way through the property to New England College.

Mr. Flynn stated for the record that the town did not have to come before the board to obtain their approval however, he felt it would be a “good faith” effort on the part of the town.  Mr. Flynn wanted to go through the same process any town resident would have to; to obtain the approval of the zoning board.

Mr. Parker opened the board to a question and answer session with Mr. Flynn. 

Mr. Parker requested Mr. Flynn obtain a better site plan for the property before he goes to the Planning Board for Site Plan approval, since it didn’t show any setbacks.  Mr. Parker also asked if the potential buyers would have an option of rebuilding or putting up a new house. 

Mr. Flynn stated that would be a planning board issue for the new owners to deal with.

Mr. Flynn added that the town selectman have discussed that two parking spaces would be granted to the buyer in the municipal parking area if they did not want to add additional parking behind the property.

Mr. Taylor wanted clarification on where the parking would be.  At the rear of the building or at the side.

Mr. Flynn stated it would be either or; and stated, again, that this would be a planning board decision since a driveway permit would be needed.

Mike Martin addressed the board in open session stating “I’m okay with the subdivision and would like to see it renovated. Mr. Martin would like to see the board do two things.  1. Send a sewerage pipe up the Rush Road and make it apart of the already existing sewer line.  It would be silly to have another private connection running down to Rush Road.  2.  Make a right of way so the parking could be at the rear of the building.

Bill Preble addressed the board.  I agree with the part about preserving the building, but it certainly has character.  My concern is claustrophobia.  Will there be another multi- family dwelling put there?  What restriction will be placed on the building.  Are they stuck with what they have as a foot- print?

Jeff Connor replied by stating they won’t have enough land to expand.

Mr. Preble asked if the new owners could knock it down and put in a duplex.

Mr. Connor replied “they would have to get all the approvals to do that.”

Joan Oliveira asked if it’s subdivided and we make it a legal lot, how could they add on?

Mr. Parker replied they could add on if they meet the requirements.

Mr. Flynn interjected to state they can expand 30’ back.

Mrs. Ward spoke on the subject and stated she didn’t feel there is enough room for another road next to her property, unless you put up some pine trees or a big fence.

Mr. Flynn stated nothing can go on the side of the property, just the back.  We’ve had four inquires on the property already and it isn’t even listed yet.  Three potential buyers would like to keep it as a residential home, but the other wants it for a commercial property; which the town isn’t willing to do. 

Mr. Connor asked if the town looked into the cost of putting a sewer line in.

Mr. Flynn said “no”, but we will factor that into the price. 

Mr. Preble asked if there is a way of somehow offering that property to an abutter at fair market value to reduce the number of properties.  I would feel it would be an asset to us (Mrs. Ward and I)

Mr. Parker stated that Mr. Preble is an ideal candidate to buy the property.  Mr. Parker suggested Mr. Preble meet with Mr. Flynn privately to discuss this further.  This would also avoid having to list it with a realtor. 

Mr. Flynn stated the warrant article states they have to list it with a realtor.

Mr. Parker stated if he were to list the property he would value it very low since there is no water/sewer hook-ups.  He felt if the town puts in the sewer the town could essentially raise the price of the house.  He also said we have not put conditions on many variances, my preference would be to make conditions upon the deed of the property for whoever buys it including an easement to the parking lot.  This will encourage people not to pave over the backside of the building. 

Much discussion ensued regarding the parking for this building.   Since there is adequate room in the rear of the building for two parking spaces, without having to provide space in the town’s lot, this would alleviate the town from having to maintain any additional parking in their own lot.

Mr. Parker recommended the town obtain a proper appraisal, not from someone local.   It should be appraised “as is” without sewer.  We need to make the sale a minimal cost to the town, so we can make a gain. 

Motion: Joan drafted a motion to grant the application for variance by the Town of Henniker for the property located on 9 Crescent Street, Map 2, Lot 240 in the Residential Village (RV) District to subdivide the land; as stated by case #2005-107.  Seconded by Jeff Connor.  Unanimously voted yes.

Minutes of Last Meeting:

8:00 p.m. Review minutes of October 19, 2005 – Mr. Taylor made a motion to approve the October 19, 2005 minutes.  Seconded by Mr. Aucoin. 

Old Business 8:05 p.m. – Mr. Parker stated town council has forwarded a letter regarding Supreme Court Case #2005-0471.  Mr. Parker briefly went over the contents with the board.

Mr. Parker stated he had the report of the Zoning Sub Committee if anyone was interested in reading it.

Motion Ms. Oliveira motioned to adjourn the meeting at 8:15 p.m.  Seconded by Mr. Parker and approved unanimously.

Submitted by Lisa Demers

Recording Secretary for:

Henniker Zoning Board of Adjustment

HENNIKER ZONING BOARD OF ADJUSTMENT

Approved Minutes of meeting held on September 21, 2005

Members present: Leon Parker, Chairman; Doreen Connor (arrived at 7:30 p.m.), Vice Chairman; Ron Taylor, Board Member; Joan Oliveira, Board Member; Kris Blomback, Board Member; Jeff Connor, Alternate Board Member; and Heidi Hamel, Alternate Board Member.

Members’ Excused: Richard Patenaude

Members’ Absent: Leo Aucoin

Others Present: Susan Thompson, Recording Secretary.

Guests Present: Daren Tinkham, Rod Pimentel, and Peter Flynn.

Meeting called to order at 7:05 p.m. by Chairman Leon Parker.

            Chairman Parker informed hearing applicant Tinkham that the schedule was going to be modified to allow time for Vice Chairman Connor to arrive for the hearing and that other business would be taken up first.            

New Business

7:10 p.m.           

Leon Parker provided applications to Board Members for the 2005 NH Office of Energy and Planning Fall Conference in Lincoln on Nov. 5, 2005.  Mr. Parker encouraged all new Board Members to attend this conference, and announced that there is a ZBA budget to cover reimbursement for the registration expenses of attendees...

7:15 p.m.

Leon Parker provided copies of a new policy regarding Town Committees and Boards adopted by the Henniker Board of Selectmen to all Board members.  This policy is new outlines the following:

§        Appointment

§        Committee Organization

§        Reappointment

§        Recruitment of New Members

§        Resignations – Removal

§        Administration

§        Other Requirements

Joan Oliveira clarified which items applied to ZBA and which did not.  Leon Parker said there were the a few minor items which are in conflict with the ZBA Rules of Procedure.  Kris Blomback asked what prompted the Board of Selectmen to adopt new policy.  Rod Pimentel explained that the Board of Selectmen adopted this policy to create a uniform and consistent process for Selectmen’s oversight of the Boards and Committees of the town of Henniker.  It was noted that the policy includes that a Selectman will be an Alternate Member of the ZBA, raising potential conflict of interest issues.

Minutes

7:18 p.m.            Meeting Minutes from July 20, 2005 were reviewed and amended.

MOTION made by Ron Taylor to approve the June 20, 2005 meeting minutes as amended.  Seconded by Kris Blomback and approved unanimously.

7:22 p.m.

Leon Parker asked Mr. Peter Flynn and/or Mr. Rod Pimentel if a policy had been published regarding legal expenses.  Mr. Flynn said a copy of the policy would be in the ZBA mailbox tomorrow.  Mr. Pimentel explained that if a board’s budget, like the ZBA, does not include a line item for legal expenses a Board would need to petition the Board of Selectmen for the funds to pursue a legal action. 

7:24 p.m.

Leon Parker read a letter from the Morette’s regarding their canceled Public Hearing.  They advised in their letter they will follow up with Roland Soucy.

7:25 p.m.

Leon Parker discussed the timeline for Town Meeting.  The Board discussed whether or not there would be items the Board would like to bring forward, and there were no suggestions for any.

                        7:30 p.m.     Case 2005-106

Daren Tinkham has made an application for an Area Variance for 19 Main Street on Tax Map 2, Lot 242 in the Residential Village District.  The Variance is from Article V, Section 133-23G: to permit a setback of less than 15 feet from the side and back lot boundary.

Ron Taylor verified abutter notices and confirmed fees had been paid.

Chairman Parker recussed himself for Case 2005-106.

Alternate Member Heidi Hamel will be a voting member for Case 2005-106.

Chairman Parker turned the meeting over to Vice Chairman Connor.

Doreen Connor reviewed the process the Board follows for public hearings.

Ms. Connor read the application.

Daren Tinkham provided additional copies of the sketch map for Board members to review.

7:35 p.m.            Public Hearing Opened

Peter Flynn of Main Street spoke as an abutter in favor of the application.  He testified to the nature of the business and resource it would be for the community.

Jason Fellows, an abutter voiced support for Mr. Tinkham’s proposed Variance.

                        7:40 p.m.     Public Comment Closed

Kris Blomback asked Peter Flynn, as Town Administrator, if there were any concerns from the Town of Henniker as an abutter.  Mr. Flynn was unable to verify or deny any issues; however no concerns have been brought forward regarding this proposed Variance.

Heidi Hamel asked about the parking impact to Main Street.  Mr. Tinkham said he did not anticipate needing any additional parking outside of the property.

Ron Taylor explained that designated parking spaces would need to be placed on the proposed plan to meet Planning Board requirements.  Mr. Taylor further explained the number of parking spaces is based on the actual square footage of the shop.

Ron Taylor asked the applicant if there would be any welding or painting done within the shop.  The applicant responded there would not be.

Ron Taylor said he spoke to Fire Chief of Henniker and there were no outstanding concerns, with the location of the building addition.

Doreen Connor asked the applicant about the setbacks needed.  Ms. Connor clarified both a back and side setback Variance was being requested.  She asked if the applicant had considered a different building plan to avoid the need of a Variance.  Mr. Tinkham said that due to the structural needs of the existing building there were very few options available.

Joan Oliveira asked the applicant why when the Special Exception had been granted that he did not request the Variance at the same time.  Ms. Oliveira voiced concerns with waiting 6 months and then returning for a Variance and also said this leads to questions about hardship.

Kris Blomback asked Mr. Tinkham if there were any further Variances to be requested.  The applicant said there would be no future need for additional Variances as far as he knows now.

Joan Oliveira had concerns about the public advertisement.  The public notice read to permit a setback of less than 15 feet from the side lot boundary.  The applicant is requesting a Variance for a setback of less than 15 feet from the side and back lot boundaries.

Kris Blomback summarized a 6-foot and 8-foot setback is what the applicant is requesting.  Mr. Tinkham agreed that was his request.

Heidi Hamel asked if there was any option of minimizing or changing the need for these additional setbacks.  Mr. Tinkham explained that due to the structural requirements and the roofline he was not able to reduce the impact to the setbacks.

Doreen Connor said she does not see where this application meets the hardship test.  Ms. Connor further said the building currently falls within the setbacks as outlined in the Zoning Ordinance.  The concerns the applicant has regarding expansion size and roofline symmetry are not inherent to the property.

Kris Blomback asked the applicant about changing the shape of the addition.  The applicant used the sketch map to describe why this was not a possible solution.

7:55 p.m.             Board Deliberations Opened

Kris Blomback said in his opinion the spirit of the Zoning Ordinance has been met by the advertisement.  He also said 2 of 3 abutters were in favor.  Mr. Blomback also said the setback line has already been violated with the existing building.

Heidi Hamel said she would feel more comfortable if all 3 abutters were here.

Ron Taylor said he was uncomfortable the public notice was incorrect.  However, due to the abutter support he thought the application could go forward.

Joan Oliver said she was most concerned about the legal hardship test.

8:05 p.m.            Board Deliberations Closed

MOTION made by Kris Blomback to approve the variance requested by Daren Tinkham Case 2005-106 to permit a setback of less than 15 feet from the side and back lot boundary.  Seconded by Heidi Hamel and approved by a vote of Blomback, Taylor and Hamel with abstentions by Doreen Connor and Joan Oliveira.

                        Chairman Parker returned to the Board.

                        Vice Chairman Connor turned the meeting over to Chairman Parker.

                        New Business

                        8:20 p.m.    

Leon Parker reviewed that on June 30, 2005 an appeal in the Green Mountain Explosives case was filed by their attorneys with the NH Supreme Court and docketed as case # 2005-0471.  This is an appeal of the Superior Court decision in the case of Garrison and Morse against Green Mountain Explosives.

Each Board member was provided a packet that contained a letter from Peter Flynn, Town Administrator (On behalf of the Henniker Selectmen) and a letter from Thomas Watman, Selectmen (written to the Henniker Board of Selectmen).  The Board was afforded the opportunity to read the letters.

Leon Parker reviewed for the Board recent Board of Selectmen meeting discussions regarding the Green Mountain Explosives Variance.  He outlined for the Board the various attempts by Selectmen Watman, Morse and Lavallee to convince the Board of Selectmen to intervene in the case and the attempts by Selectmen Pimental and Johnston to describe the appropriate roles of the two Boards and their insistence to maintain a proper process.  Since Selectman Morse is a plaintiff in the GME suit she has had to recuse herself, so each motion that Selectman Watman has made to interfere in the case has failed on a 2 to 2 deadlock.

Rod Pimentel, Selectman discussed the letter the Board received from Mr. Flynn.  Mr. Pimentel said the request of the Selectmen was not intended to change any decision of the ZBA but does ask that the ZBA would withdraw from the appeal process.  This would remove the politics from the case and allow the decisions to be made in court with the Town of Henniker remaining neutral.

Rod Pimentel highlighted issues and concerns raised in the letter submitted by Thomas Watman.

There was an interactive discussion between Mr. Pimentel and the Board regarding the process of this legal matter. The role and scope of the ZBA was discussed, with heavy emphasis on the misunderstandings of the process and the lack of understanding of the appropriate role of the ZBA reflected in the Watman letter.

Kris Blomback said that the variance process of the ZBA is a mechanism that by design is adversarial at best.  Mr. Blomback said that the Variance request is the first and one step of a many step process.  He further reviewed that many of issues discussed in the letter are areas that are to be addressed outside of and after the ZBA decision.  The Site Plan Review application, handled by the Henniker Planning Board would be the appropriate forum to discuss buffers, access, traffic, fire safety, harmonious development, and control of noise and elements of pollution. Then many other state and federal review authorities become involved after that in this case.

Doreen Connor and Joan Oliveira agreed that if the Board were to withdraw from the case there would be no significant impact on the way the Court would review the case.  The court would hear the case in the same manner and the decision of the Court would be based on the record of information and facts of the case. 

Ms. Connor and Ms. Oliveira voiced concerns regarding the letter submitted by Thomas Watman.  They said in their opinions the letter was slanderous.

Leon Parker said that because of allegations repeatedly made by Stephanie Lavallee in letters to newspapers and in Selectmen’s meetings, and now Selectman Tom Watman in a recent Selectmen’s meeting, he wanted to make a statement for the record that he does not know the landowners in this case, he has no relationship with  Green Mountain Explosives, and there is no personal gain involved for him in whatever decision is made on this case, or for that matter any other case that has come before the board.  He also does not believe that personal gain has been involved for any member of the Board. 

Ron Taylor said that he has heard support not criticism of GME’s proposed project from community members.

Rod Pimentel said he has received negative feedback from community members regarding GME’s proposed project.

The discussion continued and the Board members and Mr. Pimentel both agreed that it would be impossible to know how the whole town feels.  However, nobody wanted to see the community divided.  It was agreed that when an issue is politically charged it is difficult for all.

Rod Pimentel summarized that the Board of Selectmen’s request is to simply take the politics out of the issue and let the courts resolve the concern appropriately.

MOTION made by Doreen Connor asking the Board of Selectmen to instruct Town Counsel that the Town of Henniker will be neutral in NH Supreme Court Case # 2005-0471.  Additionally, requesting Mr. Pimentel to apprise the Board of Selectmen of his attendance at this ZBA meeting and the Board’s universal and strong displeasure with the letter written by Thomas Watman.  Seconded by Joan Oliveira and motion failed by a vote 2 to 3.  Joan Oliveira and Doreen Connor voted in favor of the motion. 

Ron Taylor, Leon Parker and Kris Blomback voted against the motion.

Kris Blomback said he was disappointed with the tone of the letter the Board of Selectmen received from Thomas Watman, Selectmen.

MOTION made by Joan Oliveira to Adjourn.  Seconded by Ron Taylor and approved unanimously. 

Adjournment:  Meeting came to a close at 9:30 p.m.

Respectfully,

Susan Thompson

Recording Secretary for:

Approved Minutes of meeting held on June 15, 2005

Members present: Leon Parker, Chairman; Ron Taylor, Board Member; Joan Oliveira, Board Member; Richard Patenaude, Alternate Board Member and Kris Blomback, Alternate Board Member.

Members’ Excused: Doreen Connor

Members’ Absent: Jeff Connor

Others Present: Susan Thompson, Recording Secretary.

Guests Present: Chris McAllister, Mary Clough, and Peter Flynn.

Meeting called to order at 7:00 p.m. by Chairman Leon Parker.

Kris Blomback and Richard Patenaude will be voting members in place of regular voting members for this meeting.

                        New Business

7:05 p.m.           

                        Case 2005-103

An application for Variance has been made by McAllister Construction Services LLC, on behalf of James C. and Laura J. Rauscher Tax Map 95 A19; 8 Ridgetop Lane in the Residential Neighborhood District.  The Variance is from Article VI: Section 133-25J: to permit an access driveway within 10 feet on any side or back lot boundaries.

Richard Patenaude recussed himself from this hearing.

Leon Parker reviewed the process of a public hearing.  Mr. Parker offered the applicant the option of awaiting a full Board (5 members) or move forward with the Public Hearing with the current 4 Board Members present.

Chris McAllister, the applicant, advised he would like to move forward with the Public Hearing tonight.

Ron Taylor verified notices had been sent and fees paid.

Mr. Chris McAllister reviewed the application. 

Leon Parker said he had a concern with the Variance application because of the lack of hardship with regards to the lot. 

Leon Parker asked the applicant if the placement of the driveway on the proposed plans submitted with both the Variance application and the Building Permit application were identical.

The applicant said the driveway placement on the two plans was not identical.

The Board determined that a building permit had been granted.  The Board discussed that this application for a Variance was not appropriate for this concern.  However, an Equitable Waiver of Dimensional Requirement application would be appropriate for this situation.

MOTION made by Leon Parker to convert the Variance application to an Equitable Waiver of Dimensional Requirement Application, with the applicant’s approval, due to the Variance application being inappropriate in this case.  Seconded by Kris Blomback and approved unanimously.

The applicant verbally responded to all aspects of the Equitable Waiver of Dimensional Requirement Application.

Leon Parker asked if there were any other Lots on Ridgetop Lane with this same concern.  The applicant reviewed which lots he built on and said there were no others with a driveway setback concern.

MOTION made by Joan Oliveria to approve the application for an Equitable Waiver of Dimensional Requirement for driveway setbacks as submitted by McAllister Construction LLC for Tax Map Lot 95 A, also known as 8 Ridgetop Lane, subject to a completed Equitable Waiver of Dimensional Requirement application submitted to Zoning Board of Adjustment and the recording of the Waiver at the Merrimack County Registry of Deeds.  Seconded by Ron Taylor and approved unanimously.

                        7:30 p.m.

                        Richard Patenaude rejoined the Board at this time.

                        Old Business

                                    Consideration of changes to Variance Application

7:35 p.m.           

            The Board discussed the changes and updates of the draft forms.

MOTION made by Ron Taylor to approve the three application forms for Area Variances, Use Variances, and Special Exceptions for immediate use, subject to the Special Exception Application Form to be updated reflecting the criteria approved at the last town meeting.  Seconded by, Kris Blomback and approved unanimously.

Minutes

7:45 p.m.            Meeting Minutes from May 18, 2005 were reviewed and amended.

MOTION made by Joan Oliveira to approve the May 18, 2005 meeting minutes as amended.  Seconded by Leon Parker and approved unanimously.

                        Correspondence

7:50 p.m.            New correspondence was received from town Counsel to Peter Flynn, Town Administrator, dated June 2, 2005, advising the Town of Henniker that Judge Fitzgerald has denied the Motion to Reconsider in the case of Garrison and Morse.

Peter Flynn, Town Administrator reviewed that the role of the Town Administrator is to work for the Town of Henniker and the Board of Selectman.  Mr. Flynn also works closely with all boards and committees of the Town of Henniker.  Mr. Flynn provides follow through on behalf of the Town of Henniker, the Board of Selectman, other boards, and committees for issues and concerns that need to be handled and coordinated.  Including but not limited to all legal issues.  This particular case (Garrison and Morse versus Town of Henniker) has been a particularly controversial case.  Mr. Flynn’s understanding is that the ZBA wants to pursue this case to the next level of appeal if Green Mountain Explosives is willing to incur all of the expense.  Peter Flynn called Town Counsel and was advised if they were to file and attach to the Green Mountain Explosives case there would be minimal expense incurred by the Town of Henniker.  Mr. Flynn summarized that he is looking for clarification of the Zoning Board of Adjustment intentions.

Leon Parker said that the Zoning Board of Adjustment had meant by their action at the previous meeting that they wanted to minimize the expense to the town of Henniker.   He suggested the Board should clarify the intention of the motion made on May 18, 2005 regarding the case of Garrison and Morse concerning the request for appeal of reconsideration. 

MOTION made by Leon Parker that the Board requests Town Counsel to file a motion in support of an appeal by Green Mountain Explosives, with Green Mountain Explosives absorbing the bulk of the work and financial burden, with the understanding that the Town of Henniker will incur minimal expense.  Seconded by Kris Blomback and approved unanimously.

                                    The Board of Selectman Meeting

                        8:15 p.m.

Leon Parker updated the Board regarding the recent Board of Selectman meeting.

MOTION made by Kris Blomback to Adjourn.  Seconded by Joan Oliveira and approved unanimously. 

Adjournment:  Meeting came to a close at 8:30 p.m.

Respectfully,

Susan Thompson

Recording Secretary for:

Henniker Zoning Board of Adjustment

HENNIKER ZONING BOARD OF ADJUSTMENT

Approved Minutes of meeting held on April 20, 2005

Members present: Leon Parker, Chairman; and Doreen Connor (arrived 7:15 p.m.), Vice-Chairman, Ron Taylor, and Joan Oliveira. Alternate Member: Kris Blomback and Richard Patenaude

Members’ Excused: Amy Patenaude and Jeff Connor

Members’ Absent: None

Others Present: Susan Thompson, Recording Secretary.

Guests Present: Heidi Hamel, Brad Routon, Dave Currier, and Roger Belson

Meeting called to order at 7:00 p.m. by Chairman Leon Parker.

Richard Patenaude will be a voting member for this evenings meeting.

Minutes

7:00 p.m.            Meeting Minutes from March 16, 2005 were reviewed.

MOTION made by Ron Taylor to approve the March 16, 2005 meeting minutes.  Seconded by Joan Oliveira and approved unanimously.

                        OEP Planning Conference

7:05 p.m.            Leon Parker reported to the Board Members information obtained at the conference.  He shared information regarding the Harrington Bill and the impacts that could be seen in the future.

Leon Parker had materials copied for each Board Member that he brought back from the conference.

Kris Blomback will be a voting member.

                        New Business

7:15 p.m.            Leon Parker asked the applicant if he was aware of a previous application and the outcome of that application in regards to parking.  The applicant was unaware of the previous application.  Leon Parker shared information regarding parking at this site.  The applicant advised the Board of an easement on file that would satisfy those concerns, however the information was not available to view. 

Roger Belson mentioned that the easement was for ten spaces.

Leon Parker said he would continue this hearing to provide the applicant time to obtain and organize the information needed for the Board.

                        Case 205-101

An application for Special Exception has been made by Saghir Tahir for Tax Map 2, Lot 414 in the RV District, located at 18 Bridge Street.  The Special Exception is requested in accordance with Article 133-33 Section A to permit a multi-unit dwelling.

7:25 p.m.            Kris Blomback excused himself from the Board table and Doreen Connor joined the Board.

                        Case 2005-102

An application for John Kowalski for Tax Map 1, Lot 763, has submitted a Variance in the RR District, located at 152 Western Avenue.  The Variance is requested in accordance with Article 7 Section 133-27C to permit the expansion of a non-conforming commercial use.

Doreen Connor and Ron Taylor checked and verified the public abutter notices.  Ron Taylor confirmed the notices were sent.  Doreen Connor confirmed the fees had been paid.

Leon Parker reviewed the process of Public Hearing and introduced the Board Members.

Keith Wing Jr. reviewed the application on behalf of the applicant John Kowalski.  The applicant is seeking approval for an expansion of a non-conforming use.  The application proposed is to expand an existing building for the purpose of storage, to move equipment around to promote a better workspace, and the last third of the space would be used to house a new piece of equipment that eventually will replace an older machine.  This would create a safer environment for the employees.  They do not use any chemicals and there would be very little impact to the area.   

7:40 p.m.             Public comment opened.

            No public comment.

7:40 p.m.             Public comment closed.

Kris Blomback asked about the nearest neighbor.  Mr. Wing explained that there were no visible neighbors.

Ron Taylor asked about the size of the trucks that are in and out of the area and any concerns with maneuvering and moving the vehicles in and out of the area.  Mr. Wing explained the only concern they have ever had was outside the lot very recently and was determined by local authorities to be mostly driver error.

Ron Taylor asked about the parking and explained there needs to be 1 space per 500 square feet.  Mr. Wing reviewed photos and maps and pointed out where there are at least 16 spaces.  Mr. Taylor said he needed to consider the plan as submitted and the spaces would need to be added to the plan. 

Doreen Connor asked as a result the addition does the applicant expect more or less trucking in or out of the site.  Mr. Wing said that the traffic numbers would remain consistent or decrease as a result of this proposed change.

7:55 p.m.            Board Deliberations

Doreen Connor spoke to the longevity of a Variance and the impact of this to a Rural Residential District.  Ms Connor also spoke to the hardship test.

Kris Blomback asked if the building predates zoning.  It was explained the building predates zoning, however there was a substantial expansion 7 years ago that did not come through the ZBA as it should.

Joan Oliveira said she had many of the same concerns of Doreen Connor. 

Leon Parker asked if this was an appropriate issue for a Variance, where it is a non-conforming use. 

Richard Patenaude asked about the grandfather status.  Considering the Zoning came about after the business started and did not see the need to penalize the business due to Zoning.  He felt this was a good use of this property.

Leon Parker directed the Board members to “The Board of Adjustment in New Hampshire” pages 20 through 22.

Leon Parker reviewed the New London decision and does this application represent a natural expansion of a non-conforming use. 

Joan Oliveira was concerned of whether this was the correct application process for the applicant’s goal.

Doreen Connor said this is not an expansion of a use but rather an expansion of a structure. 

Richard Patenaude said he does not see a problem with this application.

Kris Blomback spoke in favor of the application considering that the operation and building predate the Zoning.

Richard Patenaude again spoke in favor of the application based on the merits of the business.

8:20 p.m.             Back to Public Session

MOTION made by Richard Patenaude to approve this application contingent upon the delineation of the required number of parking spaces on the plans for the building when submitted for a building permit.  Seconded by Ron Taylor and motion passes by a vote of 4 in favor and one abstention by Doreen Connor.

            Volunteer Board Membership Policies

8:30 p.m.            Leon Parker shared information about a new process put in place by the Board of Selectman.

            Alternate Member Applications

                        8:45 p.m.     The number of applications that have been given out was reviewed.

            2005 ZBA Handbooks

                        8:50 p.m.            Handbooks were given to each Board member in attendance.

            Consideration of changes to Variance Application

                        8:55 p.m.     The Board reviewed and discussed forms.

MOTION made by Doreen Connor to adopt both the Use and Area application forms recommended by the Office of Energy and Planning from the January 2005 Handbook (pages 58 to 61) that is appropriately modified to reflect the Town of Henniker. Seconded by Ron Taylor and approved unanimously.

            Correspondence

                        9:10 p.m.     There was no new correspondence needing the Board’s review.           

MOTION made by Kris Blomback to Adjourn.  Seconded by Richard Patenaude and approved unanimously. 

Adjournment:  Meeting came to a close at 9:15 p.m.

Respectfully,

Susan Thompson

Recording Secretary for:

Henniker Zoning Board of Adjustment

HENNIKER ZONING BOARD OF ADJUSTMENT

 Approved Minutes of meeting held on March 16, 2005

Members present: Leon Parker, Chairman; Doreen Connor (arrived 7:10 p.m.), Vice Chairman; Joan Oliveira, and Ron Taylor. Alternate Members: Stephany Marchut–Lavallee (excused herself at 7:30 p.m.), Richard Patenaude, and Kris Blomback

 Member excused: Amy Patenaude

 Member absent: Jeff Connor

 Others present: Rebecca Voegele, Planning Consultant and Susan Thompson, Recording Secretary.

 Guests present: Phil Marsland and Cynthia Marsland

Meeting called to order at 7:00 p.m. by Chairman Leon Parker.

Leon Parker introduced Rebecca Voegele the new Planning Consultant to the members of the Zoning Board.

Rebecca Voegele reviewed an upcoming Zoning issue.  There is a Change of Use application in front of the Planning Board to change a basement currently used for storage into a pub style bar.  This lot has no parking available at the site.  The building is the lot boundaries.  The Planning Board has sent questions to legal counsel regarding the parking issues.  At this time a response from legal counsel has not been received.  If legal counsel responds the applicants need a Variance or Special Exception this matter will come before the Zoning Board.

The Board discussed two Zoning concerns to be addressed over this next year.  The first was length to width ratios of lot size and secondly the need for two buildable acres to be part of Zoning Ordinances.  Rebecca Voegele also mentioned there were other areas within the Zoning Ordinances that could be strengthened.

            Minutes

7:05 p.m.            Meeting Minutes from February 16, 2005 were reviewed and edited.

 MOTION made by Doreen Connor to approve the February 16, 2004 meeting minutes as edited.  Seconded by Joan Oliveira and approved unanimously. 

STATUS REPORT OF COURT APPEAL OF GREEN MOUNTAIN EXPLOSIVES VARIANCES

7:10 p.m.            Leon Parker updated the Board members.  All deadlines have been to meet and all paperwork has been submitted to Town Counsel.           

REVIEW OF ALLEGATIONS OF BOARD MISCONDUCT

7:20 p.m.            Leon Parker explained a letter of resignation had been submitted to the Board of Selectman by Stephany Marchut – Lavallee and due to allegations contained within the letter, the Chairman of the Board of Selectman asked that they be investigated.

                         Leon Parker asked Stephany Marchut – Lavallee if she would read her letter to the Board.  Stephany Marchut – Lavallee declined the opportunity.  Leon Parker read the letter as submitted to the Board of Selectman.

                         Leon Parker asked Stephany Marchut – Lavallee if she could please elaborate on the allegations.  Stephany Marchut – Lavallee said she did not have any comment and the letter was self-explanatory.

                         Joan Oliveira asked for details regarding “personal gain”.

                         Doreen Connor also asked for specifics regarding the allegations.

                         Richard Patenaude asked Stephany Marchut – Lavallee to give examples of her concerns.

                         Stephany Marchut – Lavallee said she wrote the letter as an explanation of her resignation to the Board of Selectman, she said that because they appointed her to this Board she felt she owed them an explanation.  She continued by stating she did not appreciate being attacked and she was not on trial and she was going to adjourn herself.  She also thanked the Board for her time of service.

                         Leon Parker explained that details of the allegations would be very helpful to fully investigate the concerns.

                         Stephany Marchut – Lavallee then stated you (Leon Parker) got upset and insulted when I asked a question.  She continued and said two Board members were discussing a case outside of a meeting.

                         Leon Parker tried to explain the question Stephany Marchut – Lavallee had been referring to and Kris Blomback asked for details regarding the conversation of the two Board members.

                        Stephany Marchut – Lavallee continued by sharing with the Board she had high values, high ethical standards and high personal beliefs and if the Board wanted to see how a Board meeting should run they should go to the Board of Selectman meeting for an example.  She continued by advising she was not going to name names or provide details.

                         Stephany Marchut – Lavallee then advised I did not even know this was going to be discussed tonight.  She further stated she did not feel this was fair of the Board to ask her questions, as she was not on trial.  She then advised the trial was over and said good-bye and left the meeting.

DRAFT LETTER OF RESPONSE TO THE SELECTMAN

7:35 p.m.       The Board members requested a letter of response be drafted to the Board of Selectman to notify of the Board members’ disagreement with the allegations.

                        The Board members discussed what they would like outlined in a letter of response.

 MOTION made by Doreen Connor that the Board give Leon Parker the authority to draft a letter which denies the assertions of misconduct made by Ms Marchut - Lavallee based upon the input of each Board member in our discussion this evening.  Seconded by Kris Blomback and Ron Taylor and approved unanimously.

Leon Parker said he would email a copy of the draft letter to each Board Member for their input once the draft was complete.  He asked that each Board member take the time to make suggestions and revisions to the draft letter.  He would then use their input to create a final draft of response that represents the Board.

            2005 OFFICERS OF THE ZBA

7:45 p.m.           

MOTION made by Doreen Connor that the current officers be re-elected for another year.

Leon Parker asked Doreen Connor if that meant she was agreeing to continue as Vice Chairman for another year.    Doreen Connor responded that she would be willing to serve as Vice Chairman for another year. 

MOTION was then seconded by, Kris Blomback and Ron Taylor.

Members of the Board briefly discussed that elections traditionally were done in April, however the Board determined that it was appropriate to elect the officers this evening.

MOTION was approved unanimously and therefore Leon Parker will continue for another year as Chairman, with Doreen Connor as Vice Chairman.

            RECRUITMENT EFFORTS

7:50 p.m.            Leon Parker said there was a need for three new alternate members for the ZBA.

                         Joan Oliveira said she knew and individual who may be interested in working on the Zoning Board.

 MOTION made by Doreen Connor to Adjourn.  Seconded by Joan Oliveira and approved unanimously. 

 Adjournment:  Meeting came to a close at 8:00 p.m.

 Respectfully,

 Susan Thompson

Recording Secretary for:

 Henniker Zoning Board of Adjustment

Members present: Leon Parker, Chairman; Doreen Connor, Vice Chairman; Ron Taylor and Joan Oliveira. Alternate Members: Stephany Marchut–Lavallee, Kris Blomback, and Richard Patenaude.

Members’ Excused: Amy Patenaude and Jeff Connor

Others: Laura Scott, Planning Consultant and Susan Thompson, Recording Secretary.

Guests Present: Robert Garrison, Richard Chapin, Larry Sunderland, Jim McElroy, Cathy Dias, Ted Harris, Scott Dias, Sarah Chapier, Milley Kithine, Ev Kithine, Judith Englander, Terry Stamps, Bob Stamps, Martha Sunderland, John Kjellman, Eleanor Kjellman, Katherine Patenaude, Joan O’Connor, Clay Dlouin, Fred LaBar, Bill Belanger, Joe Brandl, Kathleen LaFaro, Jean Lewis, Bob Reeser, Robert Morse, Cheryl Morse, Michele Bergh, Ted Parkins, Marty Davis, Ellie Brothwell, Alice Norton, Lawrence White, Theos Marien, Christine Spaulding, Lisa Hustis, Skip Hustis, Cordell Johnston, Lisa Rae Wilmat, Bob Pennock, Sue Pennock, Steve Forster, Tracy Bruen, Cathy Mayne, Bill Holt, Mark Reynolds, Dave Arnold, Ronald Lavallee, Aaron Lavallee, and Tom Watman

Meeting called to order at 7:00 p.m. by Chairman Leon Parker.

Granting the Variance will not be contrary to the public interest because:

Denial would result in unnecessary hardship because:

Granting the Variance would do substantial justice because:

Richard Patenaude said some of these items would be like a house with leaded paint could be considered dangerous, cause damage, and determine need for emergency.

MOTION made by Leon Parker to approve the Variances requested (Case 2004-105) subject to merging The Northern Investment Realty Trust Lots 3, 4, 5, 6, 7, 8, 9, 33, 34, 35, 36, 37, 38, 39, 59, 60, 61, and 84 numerated in the application into one lot if the Planning Board approves their subsequent Site Plan Application and only for the uses requested by Green Mountain Explosives application as outlined in ZBA case 2004-105 and in the event, Green Mountain Explosives abandon such uses the variances are terminated. Seconded by, Joan Oliveria and approved by a vote of 3 to 2. Doreen Connor and Stephany Marchut-Lavallee opposed.

MOTION made by Ron Taylor to Adjourn. Seconded by Leon Parker and approved unanimously.

Adjournment: Meeting came to a close at 12:00 a.m.

Respectfully,

Susan Thompson

Recording Secretary for:

Henniker Zoning Board of Adjustment