Meetings are normally held monthly, 3rd Wednesday, 7:00pm, at the Town Hall
The most recent meetings for which minutes are available:
(All are approved unless noted otherwise)
ZONING BOARD OF ADJUSTMENT
Members Present: Leon Parker, Chair; Ron Taylor; John Partridge; Doreen Connor;
Alternate Jeff Connor present, not sworn in
Members Absent: Members Chris Blombeck and Amy Patenaude, excused
Alternates Joan Oliveira and Stephanie Lavallee, excused
Others: Laura Scott, Planning Consultant; Joanne Robbins, Recording Secretary , Kirk Miller of Salus Enterprises , Keith Babb, B & Z Apartments and Realty
1. Opening: Chairman Leon Parker called the meeting to order at 7:00 P.M.
PUBLIC HEARING:
1. An Appeal for a Special Exception, submitted by Kirk Miller of Salus Enterprises on behalf of Keith Babb, B & Z Apartments & Realty is requested from Article XXIII, Section 133-112A of the Zoning Ordinance to permit two wetland impacts associated with the construction of a driveway. The property is located at Route 114 Weare Road, Tax Map 1, Lot 675B, in the Rural Residential (RR) zoning district.
Chairman Parker opened the public hearing and having established that all abutters had been notified, the Chair advised the applicants of their right to wait to be heard by five ZBA members. The applicants agreed to continue with the hearing and waived the option to wait for a five-member board. The Board reviewed the maps filed with the application that depict the driveway crossing over three lots. The applicants advised the board that abutters were all in favor and letters are on file. Laura Scott, Planning Consultant, advised the Board that Town Counsel has seen the plan and the Conservation Commission and Health Officer have signed off. The applicant said his attorney is working on the easement language. The affected area will be less than 10,000 square feet, there will be a culvert and a report was submitted with run-off calculations.
MOTION by Doreen Connor to grant a special exception to permit two wetland impacts associated with the construction of a driveway at the property located at Route 114 Weare Road, Tax Map 1, Lot 675B, in the Rural Residential (RR) zoning district. SECOND by John Partridge, property is located at Route 114 Weare Road, Tax Map 1, Lot 675B, in the Rural Residential (RR) zoning district. MOTION PASSES. 4-0.
Public Hearing closed.
Laura Scott told the Board that the PB is considering a Zoning Ordinance change that eliminate the ZBA from the sign-off on a wetlands permit since the Conservation Commission signs off first. Laura will keep the members updated on this issue.
Add to Members Absent: Amy Patenaude
Add to Others: Raymond Grande
Revise Geoffrey Yirril: to read Geoffrey Hirsch
MOTION by John Partridge to accept the Minutes dated October 15, 2003, as amended. SECOND by Ron Taylor. MOTION PASSES 4-0.
A. The Chair said he attended a zoning and land use seminar by Lorman
Education Services. Legal speakers included Tim Britton of Ransmeier and Spellman, Morgan Guttsman of Guttsman and Hollis in Nashua and Peter Laughlin of Portsmouth. The attorneys spoke about the following:
_ Enabling legislation.
_ Zoning procedures. (Guttsman)
_ Variances and grandfathered rights. (Laughlin)
_ Subdivision and site plans. (Britton)
Most of the seminar reinforced what this Board is doing. The Chair said that one of the members presently felt that members of the PB and ZBA should recuse themselves from voting on any matter that there is perceived to be a direct connection between the board member and the application. A recused member should not speak to an issue after recusal. He may have an influence on other board members and that can be argued at the appeal level.
B. Laura Scott brought the topic of Change of Use to the Office of Energy and Planning and it will be discussed during OEP s spring conference. Ron Taylor said some citizens want to put a Change of Use in as a Zoning Ordinance. Laura said the Planning Board is in the process of re-writing the site plan regulationss.
C. Revision of Special Exception, Variance and Appeal for Administrative
Decision forms:
Appeal form: Laura Scott will check to see what the State statute says about meetings and notification when an appeal comes in the middle of the meeting cycle. The process has been to notice the next available scheduled meeting. The applicant must request a rehearing, prior to filing for an appeal.
D. Application fees: Laura Scott told the Board she would be charging the applicant at the time of application for the $35 legal notice cost. This would raise the total application fee to the applicant to $60 ($25.00 initial fee, $35.00 newspaper notice), plus $5 per abutter for certified mail, Doreen Connor requested the board raise the application fee by $10.00 and not charge for the legal notice separately. Laura said she would request the BOS to put this on an agenda for discussion and let the ZBA know when this has been scheduled.
E. Instructions: The Board was in favor of the instructions attached to the administrative decision. The special exception instructions are incorporated in the body of the application.
_ Explanation of Terms - Delete: This test is the easier to understand.
_ 2nd bullet: rewrite to be applicant= s responsibility. The applicant must prove or establish.
_ 3rd bullet: change their to the
_ 4th bullet: rewrite to be applicant= s responsibility. The applicant must prove or establish. 5th delete simply stated. Delete the examples. Show the general intent.
F. The Chairman said the original plan for next year was the creation of a planning staff position to spend one day per week assisting the ZBA, which would be reflected in the ZBA budget. Instead, the staff time is soley listed in the PB budget.
G. A workshop with the New Hampshire Municipal Association will be held on December 3, 2003, at 7:00 for all staff and board members.
4. Correspondence: Tim Britton, attorney for Tom Corbett in a suit against Patenaude Properties, submitted an appeal with a letter dated October 23, 2003. The Board felt the approval for the project would be under innovative zoning. The next letter received asked the ZBA to defer the hearing until December. Negotiations are ongoing between the parties. The project is scheduled to go before the Highway Safety Committee for issues of three lots exiting out onto Pine Hill Road. Laura Scott will follow-up and report to the Board
5. Next Meeting date: December 17, 2003. (To be Confirmed)
6. Adjournment:
A MOTION by Doreen Connor to adjourn the meeting at 8:30 P.M. SECOND by Ron Taylor. MOTION PASSES 4-0.
Respectfully submitted,
Joanne L. Robbins, Recording Secretary
ZONING BOARD OF ADJUSTMENT
Members Present: Leon Parker, Chair; Ron Taylor; John Partridge
Members Absent: Member Doreen Connor and Alternate Joan Oliveria are both excused. Amy Patenaude
Others: Joanne Robbins, Recording Secretary, Raymond Grande
1. Opening: Chairman Leon Parker called the meeting to order at 7:00 P.M.
Raymond Grande asked the board about the common driveway variance request by Mark Hubbell that was discussed during a September 17, 2003, public hearing. Chairman Parker explained the project in brief and said Town Counsel sent the request to this board because it is for a variance for a shared private driveway.
PUBLIC HEARING:
An Appeal for a Special Exception, submitted by Kirk Miller of Salus Enterprises on behalf of Keith Babb B & Z Apartments & Realty is requested from Article XXIII, Section 133-112A of the Zoning Ordinance to permit two wetland impacts associated with the construction of a driveway. The property is located at Rte 114 Weare Road, Tax Map 1, Lot 675B, in the Rural Residential (RR) Zoning District.
Chairman Parker called the Public Hearing to order at 7:10 P.M. He announced the meeting would be continued to the next meeting for all interested parties. The Public Hearing was closed at 7:12 P.M.
2. Review of minutes dated September 17, 2003:
The Board reviewed the September 17, 2003, draft minutes and amended as follows:
First page: Guest Present: The Board does not know the correct last name for the person stated as Geoffrey Yirril.
Page 1, last paragraph last sentence. " but no objection by either party had been requested." Change to read " but there was no objection by either party."
Page 2, last paragraph first sentence: " that the ZBA could not approve a common driveway." Change to read " that the ZBA had to approve a variance for this common driveway."
Page 4, second paragraph second sentence: "Mr. Vanson said this is not to cost or to town road standards, ..." Change to read "Mr. Vanson said it would cost too much to meet town standards,..."
Page 6, first paragraph: "Mr. Roberts said we plan to put in a visual barrier, " Change to read " Mr. Roberts said we previously put in a visual barrier, "
MOTION by Ron Taylor to approve the minutes as amended. SECOND by John Partridge. MOTION PASSES 3-0.
3. Correspondence:
The board agreed to review the letter from Jones & Beach Engineers and address it at the next meeting.
The Chairman addressed Laura Scotts draft Application for a Variance and the board agreed on the following revisions to the Explanation of Terms:
First bullet: Granting the Variance will not diminish the surrounding property values.
Revise to read: "This test is one of the easier tests to understand. As stated, those seeking a variance must demonstrate " and "Typically, applicants, and those opposing the application, use real estate appraisers to demonstrate "
Second bullet: Granting the Variance will not be contrary to the public interest.
Change the tenor of the paragraph to put the responsibility to demonstrate on the applicant and not the board.
Third bullet: Denial would result in unnecessary hardship.
Revise to read: " if (1) a zoning restriction as applied to the property interferes with the reasonable use "
Fourth bullet:
Change the tenor of the paragraph to put the responsibility to demonstrate on the applicant and not the board.
4. Adjournment: Chairman Parker adjourned the meeting at 7:45 P.M.
Respectfully submitted,
Joanne L. Robbins
Recording Secretary
ZONING BOARD OF ADJUSTMENT
Members Present: Leon Parker, Chairman, Amy Patenaude, Ron Taylor, Doreen Connor, John Partridge
Alternative Members: Kris Blomback
Town Planning Consultant: Laura Scott
Guests Present: Geoffrey Hirsch, Mark Warren, Janet Dow, Mark Hubbell, Marc Vanson, Chris Dow, James Roberts, Danny Aucoin, Dennis McComish, Harvey Caldwell
Chairman Leon Parker called the meeting to order at 7:00 PM. He mentioned his attendance at the memorial for Suzanne Dobbins.
Review of July 16, 2003 Minutes
The Board reviewed the July 16, 2003 draft minutes, and made revisions:
Page 2: typo of ratio versus ration.
MOTION by Leon Parker to approve the July 16, 2003 minutes, as amended. Seconded by John Partridge and unanimously approved 5-0.
Public Hearing
An Appeal for a Special Exception, submitted by Alden Beauchemin of Keyland Enterprises on behalf of Mark E. and Audra L. Warren, is requested from Article XXIII, Section 133 of the Zoning Ordinance to permit a private driveway to cross a stream for access to the property. The property is located at 6 Plummer Hill Road, Tax map 1 Lot 611B3, in the Rural Residential (RR) zoning district.
Chairman Parker opened the hearing and explained that as a Board, they are working to figure out how to address special exceptions for wetlands, with the recognition that the special exception process may not appropriately deal with the wetlands issue.
He explained the process for each public hearing: a panel is chosen from the Board to consider and vote on an application; notices to abutters and fees paid are confirmed; the applicant presents their issue; public testimony for and against is allowed; the Board questions; then the Board deliberates in session closed to public comment; the Board reopens the hearing for motions and the final votes. Alternate Members are encouraged to participate in the hearings, but cannot vote.
The Panel for this application includes Chairman Parker, Doreen Connor, Amy Patenaude, Ron Taylor, and John Partridge. Alternate Member, Kris Blomback, is welcome to participate. The Board confirmed the abutters were duly notified, and the fees paid, except for the legal notification fees. Laura Scott, Zoning Board Consultant, referred the Board to her letter dated September 10, the information page from the applicant, and the map of the site under consideration. She noted that the applicant had not notified the Conservation Committee or the Health Officer within the required 30 days notice, but there was no objection by either party. The Board waived this requirement and reviewed the materials, noting that access to the site for the house on this land can only be over the stream and wetlands area.
Mark Warren, owner of 6 Plummer Hill, said he will present his application in the absence of Alden Beauchemin, who was called away. The only logical place for a house on this site is to cross the intermittent stream and wetlands area, from the existing driveway. The proposed plan includes a 24" culvert over the stream that meets state requirements, and to cross over the wetlands area following all legal requirements.
The Board asked for public comment. Harvey Caldwell asked how far the house is from the stream. Mr. Warren said it is about 40 feet beyond the stream.
The Board had no questions.
MOTION by Doreen Connor to grant the Special Exception based on the testimony that it is essential to the productive use of the land as zoned, given where the buildable lot is located, and also because the proposed plan will minimize any detrimental impact to the wetlands. Seconded by John Partridge and unanimously approved 5-0.
The Special Exception was approved for the application.
Public Hearing
An Application for a Variance, submitted by Mark Hubbell (owner), is requested from Article VII, Section 133-27 H of the Zoning Ordinance to permit a common driveway to cross five (5) of six (6) lots in a proposed subdivision. The property is located at 74 Weare Road, Map 1 Lot 742, in the Rural Residential (RR) zoning district.
Chairman Parker noted the same panel would consider this Application. Ms. Scott noted the letter from Cindy Marsland, Town Tax Assessor, and the letter from the Town Counsel. The Board confirmed the abutters had been duly notified, and all fees paid except for the legal notification fees.
Chairman Parker said this hearing is for a Variance. The Board will review all seven criteria for granting a Variance. He invited the applicant to make his presentation.
Marc Vanson, from Burd Engineering, said that as the engineer, he was just given the Cindy Marsland letter, and the Planning Board already addressed and resolved these issues. He gave Chairman Parker a memo with the house numbering plan, noting that an entrance sign from Route 114 will provide all the house numbers on it. Fire Chief Ben Ayer has agreed with this plan. In regards to the Town Counsel letter, he is not reading this issue the same way; we need a common driveway; Route 114 is considered a limited access highway, and the State will not allow six driveways from that area; in addition, the steepness of the grade of Route 114 makes each driveway more difficult and it would not be allowed. He distributed another plan for the driveway. The common driveway crosses property lines, but it is the only way to access the designed six lots. Each house has frontage to Route 114, but the State would say no to most of the possible individual designs.
Ms. Scott noted that the Planning Board has approved this preliminary plan; the Town Counsel was contacted for a response on some technical issues, but also stated her belief that the ZBA had to approve a variance for this common driveway. The Planning Board is scheduled to consider the final plan next week. The Police Chief, Fire Chief , and Road Agent have all signed off on this project. There are restrictions in the deed for common shared maintenance.
Mark Hubbell said he has been informed by several people in town that the town does not want another town-maintained road. He has worked on this project for over a year and this is the best plan that seems to meet all the concerns he has received during this time.
The Board requested the applicant address the seven criteria for a variance request. Mr. Vanson said 1) the proposed plan does not diminish the value of the area, it is in character of the area in plans for single family homes within character of area; there are 3 lots next door; they have a shared driveway; 2) this plan does not create anything unsafe or contrary to zoning; 3) the focus is on state and physical topographic restrictions; 4) he knows of nothing in the zoning ordinance that would be violated; 6) the nearest abutter is not approached by this and therefore will not have rights infringed upon; 6) this plan will allow Mr. Hubbell to develop his property; and 7) (previously answered).
The board asked for public comments or questions. Mr. Blomback asked why this is a driveway versus a road. Chairman Parker said that it seems the Planning Board was concerned about adding a public road to town maintenance. He noted that this road seems to be almost up to road specs, anyway. Mr. Hubbell confirmed that is was: it is 20 feet wide, with a shoulder for pullovers, and a gravel bank with drainage down both sides. It is a dead-end road, so there will be no need for use other than by residents.
Mr. Vanson said they have been told several times by town people that the town does not want another road to maintain. In addition, any driveway to this road would require extensive cut and fill; it would not meet the grade limitation for town roads. The grade pitch on entrance is at 15% and the town limit is 10%.
Ms. Scott said the Planning Board did not have concerns about another town road, but Mr. Hubbell disagreed, stating that one member of the Board had started this whole process; the Planning Board members who did the site walk did not have any problems with it, however. Ms. Connor asked about the slash lines on the map, and Mr. Hubbell noted that was the logging trail.
Danny Aucoin asked about town liability for responding for emergency services. Mr. Hubbell said Fire Chief Ayer had already addressed that issue.
The Board began with questions in a deliberative session. Chairman Parker noted that he had visited the site. He noted the flat area of the property, once you drive up the access road. Ron Taylor expressed concern about drawing the line at how many driveways can be off a road. Amy Patenaude expressed concern about this being a reasonable request if these lots already existed, but other uses could be made for this entire property. Chairman Parker noted that even more difficult than the emergency numbering is dealing with the restrictions of the State on access off of Route 114. Mr. Hubbell noted that in the declaration, the town has been absolved of all responsibility for the road maintenance. If there are problems with this issue, the property owners have in their deeded rights, the responsible of this. Ms. Connor noted her concern is that there is no property association established to make sure this happens. Mr. Partridge noted that the letter from Town Counsel states the zoning ordinance prohibits this common driveway because it crosses the setbacks of these properties. Ms. Connor noted that granting this variance could set a bad precedent for the town. Chairman Parker noted in questioning that there is no variance for the common driveway for the three houses next door to this property. Mr. Hubbell stated that he believed the Town Counsel misinterpreted the zoning ordinance; this really applies to a property owner to make sure his driveway doesnt cross another persons property. Chairman Parker noted that he believed the concept of setback did not take into consideration a shared driveway.
The Board considered the semantics issue between driveway, road, and access road. And the possible lack of town regulations addressing or restricting common driveways. Ms. Scott noted that the Planning board seemed to believe that the town did not have regulations for this. Chairman Parker also noted that a precedent could be set to not allow shared driveways if this variance is denied.
Mr. Taylor suggested calling it an access road. Mr. Partridge asked if it was possible, and what would have to be done, to upgrade this to a town standard road. Mr. Vanson said it would cost too much to meet town road standards, but if you look at the road profile, there is a definite conflict with the grade limits, the radius of the curve at the top, and the added amount of earth moving required to do this change. He showed the Board the road profile. Ms. Patenaude asked about calling it a private road, but after some discussion, the Board concluded that they were not sure how town regulations would treat this, as named.
Chairman Parker asked for a sense of the Board. Ms. Connor requested a review of the variance testing criteria. Ms. Patenaude stated her agreement in interpreting the zoning ordinance as applying to a single property owner; the applicant has met all the criteria and the town departments are okay with it. Mr. Taylor passed on further comments. Mr. Partridge said his concerns center on the precedent of this many driveways off a common driveway. Planning Board Chairman, Geoffrey Hirsch, commented from the audience that the letter from the Legal Counsel is what needs to be addressed, at this point. Mark Hubbell said it is possible to make future rules, but is it fair to make his application covered by them.
The Board reviewed the criteria and voted:
Criteria #1: The application passed with a vote of 5-0. All members agreed.
Criteria #2: The vote was 2-1-2 (Connor abstained; Patenaude yes; Taylor no; Partridge abstained; Parker yes)
Criteria #3: The application passed with a vote of 4-1 (Connor no; Patenaude yes; Taylor yes; Partridge yes; Parker yes)
Criteria #4: The application passed with a vote of 4-1 (Connor no; Patenaude yes; Taylor yes; Partridge Yes; Parker yes)
Criteria #5: The application passed with a vote of 5-0. All members agreed.
Criteria #6: The application failed on a vote of 2-3. (Connor no; Patenaude yes; Taylor no; Partridge no; Parker yes)
Criteria #7: The application failed on a vote of 2-3. (Connor no; Patenaude yes; Taylor no; Partridge no; Parker yes)
Chairman Parker read Section 133(60) and the Board reviewed another set of 4 criteria, codified in the zoning regulations: #1: unique physical characteristics (hardship); #2: property not able to be used reasonable use; #3: not alter essential area nor impair other areas; #4: minimum variance for reasonable relief.
The Board took a vote on the four criteria:
Criteria #1: The application failed on a vote of 2-3 (Connor no; Patenaude yes; Taylor no; Partridge no; Parker yes)
With this failure, the Board returned to deliberation. They discussed crafting a motion.
The Board left deliberative session and returned to public hearing.
MOTION by Ron Taylor to deny a Variance for Section 133-27(H) because of testing elements #6, #7, and Section A of 133-60 failed. Seconded by Doreen Connor. The motion passed 3-1. (Connor yes; Patenaude abstained; Taylor yes; Partridge yes; Parker no).
Public Hearing
An Application for a Variance, submitted by James Roberts (owner), is requested from Article VII Section 133-27 C of the Zoning Ordinance to permit a commercial use in the Rural Residential (RR) zoning district. The business is known as H.G. Caldwell Auto & RV Sales. The property is located at 14 Browns Way, Map 1 Lot 347X.
Ron Taylor recused himself because of a conflict of interest. Chairman Parker noted the following members would review the Application himself, Amy Patenaude, Doreen Connor, Kris Blomback, and John Partridge. Chairman Parker noted that Mr. Blomback would have to leave in thirty minutes; the applicant had the choice to have his application reviewed at another meeting, rather than having only four members vote on his application, and possibly be tied. The applicant requested consideration this evening.
Ms. Scott reviewed the materials with the Board: a map, a letter from her dated August 21st, and the applicants written response to the seven criteria to be met for a variance.
Jim Roberts said he is representing H.G. Caldwell Auto/RV Sales. He first wanted to make sure this variance is needed. NH forklift had a variance for equipment repair in 1993; in 1999, Wilmot Auctions operated from the large building on site, and he had several variances for operating hours, eventually to year-round. The applicant believes the NH Forklift variance covers this new business, because it was equipment storage, repair and sales. Chairman Parker clarified their position was that operating a forklift operation was the same as a used car lot, and Mr. Roberts said yes, they did not see any difference.
Ms. Scott said her interpretation was they needed a variance, since there is the question of the differences between a forklift operation and a used car sales business, but also that the last use of the site was for an auction house. Ms. Connor asked about abandoned variances, and Ms. Scott said it is her understanding that once a business is gone, the variance is gone. Mr. Roberts said he has been operating from the building, even when the Wilmot auctions were there twice a year. Chairman Parker asked to what level the forklift company operated, because he did not remember seeing any activity when he would drive by. Mr. Roberts said they have evidence; this is his business, his sign has been down for awhile due to an accident. .
Mr. Dennis McComish said he is an abutter and can testify that that business has been operating there. He does not have any problems with this application.
The Board discussed and agreed a public hearing on this variance was necessary, in order to answer their questions about heavy traffic, hours, and previous variances on this property.
The Board entered public hearing status.
Chairman Parker read Article 7, 133-27 (C), regarding the prohibition of commercial uses in a Rural Residential district (RR). The Board confirmed all abutters were properly notified; all fees paid, except for legal notifications.
Mr. Roberts said Mr. Caldwell had a business with truck, auto, RV repair/service and sales; it is a clean business.
Chairman Parker asked how many cars Mr. Caldwell expects to sell in a year. Mr. Caldwell said about 4 to 5 a week, about 20 cars to repair a week. He has one mechanic working for him, plus they are maintaining the road. They plan to have reasonable business hours.
Mr. Roberts said we previously put in a visual barrier, with a 12 foot berm. He responded to the seven criteria for granting a variance.
Ms. Patenaude asked about parking spaces. Mr. Roberts referred to the map outlining the spaces during the Wilmot auction business. Ms. Scott asked about car storage. Mr. Caldwell said he plans about 40 to be outside. Mr. Blomback asked about the stipulation for no outside storage, and Ms. Scott confirmed this had been a restriction for the last two variances.
Chairman Parker asked for public questions or comments.
Mr. McComish spoke in favor of the application; he did not see any problems with it. Mr. Aucoin agreed, saying he also had no problem with this application.
There were no public comments against.
Mr. Partridge asked about the water supply on site. Mr. Roberts said there is no septic, a few water spigots; if they are granted the variance, they will look into getting a septic system.
Mr. Caldwell agreed to have the variance granted with limited outside storage, the repeal of the previous auction variance, and reasonable restrictions on the hours of operations, in response to Board concerns.
Chairman Parker said this is an 8,000 sf building, and he could see a number of other uses for it. He had difficulty envisioning the success of this business, but the marketplace will show whether this is a good idea or not.
(Kris Blomback left) 9:30 PM.
Mr. Caldwell said there is no other place in Henniker to establish this business. Mr. Partridge asked if the outside work is noisy. Mr. Caldwell said all the repairs are inside; some painting; some exhaust we will need to put in a state-approved paint room. Mr. Roberts said the insurance company will require this addition. Ms. Scott advised them that they will need a building permit, as well as a variance if they want a larger sign posted than 8 sf..
Mr. Partridge asked about the buffer of trees. Mr. Caldwell said the State has advised him he can clear out underbrush, but that is all. He will approach the State further if he plans to open up the woods, but that is not sensible to do.
Ms. Connor stated her concerns about granting this variance in a RR district and that the zoning goal is to keep this residential.
The Board closed the hearing to public comment for Board deliberations. The Board voted on the seven criteria:
Criteria #1: The application passed with a vote of 3-1. (Connor yes; Patenaude yes; Partridge yes; Parker no).
Criteria #2: The application passed on a vote of 3-1 (Connor yes; Patenaude yes; Partridge yes; Parker no).
Criteria #3: The vote tied on 2-2 (Connor no; Patenaude yes; Partridge yes; Parker no).
Criteria #4: The vote tied on 2-2 (Connor no; Patenaude yes; Partridge yes; Parker no).
Criteria #5: The application passed with a vote of 4-0. All members agreed.
Criteria #6: The application passed with a vote of 4-0. All members agreed.
Criteria #7: The vote tied on 2-2 (Connor no; Patenaude yes; Partridge yes; Parker no).
MOTION by John Partridge: As a condition of granting this Variance, the applicant agrees to abandon the Auction House Variance #99-02 and #99-04; limit outside storage of vehicles to a maximum of 40 at any one time; limit hours of operation to 8AM to 5PM during the week and 8AM to 12NOON on Saturday, with no Sunday operation. The Applicant is responsible for maintaining Browns Way road on a year round basis. This shall include grading, a minimum of three (3) times per year (one time in the spring, one time in the summer, and on time in the fall), plowing/removal of snow and sanding and procedures to ensure public safety at all times. In addition, this Variance is subject to approval of Site Plan Review from the town Planning Board and NH State permits, prior to initiation of operations. Seconded by Amy Patenaude and approved 3-1 (Connor-yes; Patenaude-yes; Partridge-yes; Parker-no).
Ms. Scott advised the applicant to meet with her to plan for the site plan review process.
New Business
Variance, Special Exception and Appeal for Administrative Decision Forms were placed on hold to be reviewed at the next meeting.
Old Business
The Board reviewed the three applications for Alternate membership.
MOTION by Amy Patenaude to recommend to the Board of Selectmen the following three persons to be appointed to the Zoning Board of Adjustment as Alternates: Rick Patenaude, Stephany Marchat-Lavallee, and Jeff Connor. Seconded by John Partridge and unanimously approved 5-0.
Correspondence
Ms. Scott reviewed the correspondence with the Board regarding the ISP spring conference, the NHMA joint conference with the Planning Board, and the letter she wrote responding to an inquiry from the NEC to change a fraternity into a dorm room.
A motion to adjourn was made at 10:30 PM.
Respectfully,
Amy Jowers, Clerk to the Selectmen
HENNIKER ZONING BOARD OF ADJUSTMENT
Minutes of meeting held on July 16, 2003
Members present: Leon Parker, Chairman; John Partridge, Vice Chairman; Ron Taylor and Doreen Connor. Alternate member: Joan Oliveira (voting)
Town Planning Consultant: Laura Scott
Guests: Jennifer McCourt, R. Richards, Kerry Coffin, Jeffrey Dowst, Kirk Abbott and Rick Patenaude.
7:03 Meeting Opened
Public Hearing:
An application for a special exception submitted by Jennifer McCourt, PE of Keach Nordstrom Associates, Inc. on behalf of Patenaude Properties, Inc. is requested from Article XXII, Section 133-112A of the Zoning Ordinance to permit the wetland crossing for access to the property. The property is located at Davison Road, Tax Map 2-Lot 95, in the Residential Neighborhood (RN) district.
Mr. Taylor and Mr. Partridge verified the abutter's notification list.
Mr. Parker clarified for the guests the this meeting was a rehearing of the application because of an error in notification to all the abutters to Lot 95. He asked if the two abutters missed in the original mailing were present. Mr. Coffin and Mr. Dowst were present.
Ms McCourt presented an explanation of the proposed open-space subdivision and indicated on the map where the wetland crossings are proposed. The first is at the entrance of the proposed new road, Ridge Top Lane, from Davison Road, and the other on the proposed emergency access road that connects Ridge Top Lane to Pine Hill Road.
Ms McCourt stated the first crossing was created by a ditch during the Davison Road construction. She has met with the Henniker Conservation Commission and NH Department of Environmental Services (NHDES). A site-walk was completed and permit applications were submitted.
Ms. McCourt outlined the eleven criteria required to be met for a special exception to be granted. No new information was submitted that was not mentioned at the original meeting. (See minutes of June 18, 2003)
Mr. Parker read the review submitted by the Conservation Commission, which stated they did conduct a site-walk and the proposed wetlands crossings will have a minimum impact. The letter did state that no further impact to wetlands from individual property owners will be allowed.
Mr. Parker asked for questions or comments from guests to speak in favor of the application. There were none.
Mr. Abbott spoke against the proposed project. He asked the board to consider two things before voting on the application. He stated the land is currently a productive use because of the existing logging being conducted on the property. He also asked the board to consider the increase in traffic, particularly at the first wetland crossing on Davison Road, and how it will alter the traffic in that area.
There was a discussion on the maintenance of the berms and swales, how the contaminants from the heavy metals from cars will be addressed, and the concern that Davison Road will be able to accommodate the additional traffic once that road is resurfaced.
Mr. Abbott asked if any trees on the first proposed lot would be cut to accommodate the swales. Ms McCourt stated yes.
Mr. coffin asked if the existing stream on Davison Road would be be altered. Ms. McCourt answered, according to state regulations, the stream must remain the same.
Mr. Coffin stated concerns about the speed of traffic on Davison Road and hoped the proposed project made finally address those issues.
Mr. Taylor stated that is an enforcement issue.
Mr. Forsley voiced concern about the elevation and water runoff. Ms McCourt gave technical overview of how the surface water will be designed to hold back water at peak flow so as to keep the present flow of water going through the Davison Road culvert.
The public hearing was closed for a brief deliberative session among the board members. When the public hearing was reopened, the members voted on each of the eleven criteria, with an affirmative vote on each one.
Ms. Connor suggested the motion address Article XXII, Section 133-112 (a), which states, "Streets, roads, and other access ways and utility right-of-way easements, including power lines and pipelines, if essential to the productive use of land not so zoned and if so located and constructed as to minimize any detrimental impact of such uses upon the wetlands.
All five voting members agreed.
Mr. Abbott asked if the board would consider adding a condition to the motion to ensure landowners do not do detriment to the berms and swales.
Mr. Taylor stated that would be an issued for the Planning Board in the review of the subdivision application.
Mr. Abbott asked for restrictions on the approval the management of land features. Mr Taylor stated that was not an issue for wetlands crossings.
Mr. Partridge made a motion that a Special Exception from Article XXII, Section 133-112 (a), of the zoning ordinance to permit the wetlands crossing for access to the property as applied be granted as the zoning board has heard evidence and read evidence that it meets all eleven criteria with a minimum impact on the wetlands.
Mr. Taylor seconded, The unanimous vote was in favor of the motion.
Minutes
Draft minutes of the June 18, 2003 meeting were reviewed and approved with technical corrections.
New Business
Members briefly discussed how the Special Exception regulation could be amended to require different criteria specific to wetlands impact.
Discussion on proposed changes to the Special Exception regulation and Variance form tabled. More research required before a Wetlands Special Exception form can be discussed.
Members discussed proposed zoning changes to be presented at 2004 town meeting. A few suggestions are: Lot-size ratio, clarification of the drive-thru regulation, and changes to the special exception criteria, specifically, Section 112.
Members were given a document that outlined recommendations as suggested by the Master Plan review. Members who not present at the meeting may pick up their copy at town hall.
Correspondence
Ms Scott have an overview of the mail received over the past month. Included in the mail were minutes from other Henniker committees, a letter form a residents with a question about property in the educational district and the October 25 state conference on basic training for planning and zoning members. She highlighted the ZBA budget covers some training expenses. Al the the Board considered another new application for membership.
New Meeting
If the August meeting is cancelled, proper notification will be posted.
Adjournment 8:45pm
Respectfully submitted,
Gail Abramowicz, Zoning Board Clerk
HENNIKER ZONING BOARD OF ADJUSTMENT
Minutes of meeting held on June 18, 2003
Members present: Leon Parker, Chairman; John Partridge, Vice Chairman; Doreen Connor and Ron Taylor. Alternate member: Joan Oliveira (voting). .
Excused: Amy Patenaude and Kris Blomback recused themselves from the public hearing.
Town Planning Consultant: Laura Scott
Guests present: Richard Patenaude, Barbara Abbott, Jacob Prever, Mike Damour, Cheryl Damour, Dawn Nelson, Lisa Jutrus, Jennifer McCourt, Martha Sunderland and Holly Green.
Meeting came to order at 7:04 p.m.
Minutes The Board reviewed the draft minutes of May 21, 2003. As noted in the minutes, Ms. Scott was to research the issue of whether the Town of Henniker was required to follow the process of applying for a Special Exception for wetlands impact with regards to the proposed removal of the Old West Henniker Dam. Ms. Scott stated the town was exempt from the process, and no further action was necessary.
Minutes were accepted as submitted.
Public Hearing
Application for a Special Exception submitted by Jennifer B. McCourt, P.E. of Keach Nordstrom Associates, Inc. on behalf of Patenaude Properties, Inc. is requested from Article XXIII, Section 133-112A of the Zoning Ordinance to permit the wetland crossing for access to the property. The property is owned by Patenaude Properties, inc. and is located on Davison Road, Tax Map 2 Lot 95, in the Residential Neighborhood (RN) district.
Ms. McCourt presented the application. She indicated on the map the two proposed wetland crossings: 1. The crossing of wetlands on Davison Road to access the proposed road. 2. To access the emergency road from the proposed road to Pine Hill Road. Ms. McCourt responded to the eleven criteria as stated in the application and the issues raised by Ms. Scott
s application review.Item 6 asks if the existing road is sufficient to carry additional traffic. Ms. McCourt submitted supporting information that Davison Road is capable of the proposed increased traffic. McCourt said some of the information was gathered by stationary traffic counters placed on Davison Road, and by physical counts, including herself counting cars for a two-hour period. The data collected was from a Friday afternoon to the following Tuesday afternoon. She stated that the numbers she submitted were slightly higher than the actual counts because one of the counters had failed. The counts were lower than she expected, based on the concerns voiced by abutters. Ms. McCourt added the proposed plan is designed to put the traffic volumes from the proposed road onto Davison Road instead of onto Pine Hill Road, where the grade is steeper.
Ms. McCourt, in addressing Item 9, stated there would be erosion control measures in place during the construction of the site, and culverts will be installed on the proposed road at the entrance of Davison Road and at the entrance to the proposed emergency road.
Ms. McCourt said the State
s wetlands impact application requires a design with the least amount of impact. This proposal does that. This design also proposes a shorter length road that will eventually be adopted and maintained by the town. The homeowners, as indicated on the map to access the three lots on Pine Hill Road, will maintain the private road. In addition, this design will not adversely affect the wildlife because the existing trail system will be left intact.Members and guests viewed an alternative design for a major subdivision that showed thirty-plus lots with greater impact to the wetlands. Ms. McCourt stated the design proposed allows for less wetlands impact, a shorter proposed road, less proposed buildable lots, and a functional open space area.
Mr. Parker stated, for the benefit of the guests, this proposal has been reviewed and is supported by the Health Officer and the Conservation Commission. The Highway Safety Committee concurs with the plan; the proposed plan reflects the revisions suggested by the Highway Safety Committee after their review.
Ms. Scott stated the Road Agent had some questions about the proposed plan, but he was unable to attend this meeting. His questions were that of proposed road concerns and not of wetlands impact, and can be addressed when the planning board considers the final application. The Fire Chief had no comment on the proposal, and a comment from the Police Chief had not been received yet.
Mr. Parker, before opening the hearing for public comment, reminded guests and abutters the application for special exception was to consider allowing the applicant to cross the wetlands to utilize the land. He asked they direct their questions and comments to this issue, and not on the proposed project as a whole.
Mr. Corbet, abutter, asked if it was voted in favor to allow the Open Space Concept design, and if so, at what meeting.
Ms. Scott stated the Planning Board, at the design review hearing, had agreed to consider the State lot-sizing requirements for well and septic, but made no formal vote granting approval for this specific design.
Mr. Taylor asked the size of the two culverts and how will they be maintained. Ms. McCourt stated the Davison Road culvert will be 15
and maintained by the town; the emergency road culvert will be 18 and maintained by the homeowners association.Mr. Parker asked if the creation of an association would be required of the homeowners.
Ms. McCourt stated it would be.
Mr. Corbet commented that the proposed plan, although intended to minimize the impact to the wetlands, potentially doubles the impact because homeowners may develop their land and encroach on the wetlands further.
Ms. Abbott stated her understanding of the Conservation Commissions approval was conditional, which would not allow further impact to the wetlands by individual landowners.
Ms. Abbott had, previous to the start of the hearing, submitted two letters to the ZBA opposing the project. They are on file.
Mr. Parker read a portion of the correspondence received from the Conservation Commission, which supported Ms. Abbott
s statement. This provision is consistent with state wetlands permitting restrictions on subdivided lots.Members and guests asked questions about the road width, location of the small dam on the site, and the maximum capacity of traffic for Davison Road.
Ms. Sunderland, chairman of the Conservation Commission, stated members had walked the site and concluded there would be a minimum of wetlands impact at the base of the proposed road onto Davison Road, and there will be no impact to the stream near that road. As for the proposed emergency access road, the wetlands impact there is definitely at a minimum.
Ms. Connor asked Ms. McCourt if a road could be designed to avoid the wetlands entirely.
Ms. McCourt stated a design to consider that would cut a 75
swath just to build a 16 wide road and it would be a very steep road with a lot of fill added to the wetlands. State regulations require an applicant to present the least amount of impact to wetlands in their proposed subdivision plan.Mr. Partridge asked what is the potential use of the emergency road.
Ms. McCourt said it was necessary if a utility pole or a tree was down and emergency equipment needed to access the area. Ms. McCourt stated the two gates would have lock boxes on them and accessible by authorized personnel only.
Mr. Partridge asked if the emergency road is designed to eventually become another town road.
Ms. McCourt stated the emergency road would be constructed much to narrow to ever be considered for adoption by the town.
There was a brief discussion on the design of the culverts and slopes.
Mr. Parker closed the public hearing for deliberative session.
The board reviewed the proposed plan to see if the applicant has shown a design with the minimum impact to the wetlands.
The members came out of the deliberative session. There was a brief discussed whether the information presented was sufficient to vote on the application in general or to vote on the eleven criteria individually. The members agreed to cast one vote.
Mr. Partridge made a motion that a Special Exception from Article XXIII, Section 133-112 of the zoning ordinance, to permit the wetlands crossing for access to the property as applied, be granted, as the zoning board has heard evidence and read evidence, that it meets all eleven criteria with a minimum impact on the wetlands.
Mr. Taylor seconded. The unanimous vote was in favor of the motion.
New Business
Members reviewed a revised schedule for applications to be submitted. This schedule will give applicants the opportunity to make revisions to their proposed plan if the review of their project by the town planner determines there is information missing on the plan. Applications that are submitted without the required information may not be scheduled for public hearing until complete information is received.
Members discussed the summer schedule. If the July or August meeting is cancelled, notices will be posted in the standard locations; the post office, library, town hall and the town web site.
Ms. Scott outlined her role as the planning consultant. She will review all applications, submit a written review of the proposed plan to the applicant and board members, and schedule the application for public hearing.
Ms. Scott also will be working with this board, the planning board, and the selectmen, to amend sections of the town ordinance in accordance with the review of the master plan.
Members will work on drafting amendments with regards to lot-size ratios, wetlands impact in the special exception ordinance, and clarifying the criteria for a proposed drive-thru window.
Mr. Prever, from the Argus Champion, introduced himself and asked members questions about the application considered tonight.
Mr. Parker read a letter of resignation from Phil Marsland, presently an alternate member, but had been a member for many years. His resignation was accepted with regrets.
Old Business
Members discussed new-member application and advertising venues in executive session.
Next Meeting
The next meeting will be July 16, 2003, unless otherwise posted.
Adjournment- Meeting came to a close at 9:15 p.m.
Respectfully submitted,
Gail Abramowicz,
Zoning Board Clerk
HENNIKER ZONING BOARD OF ADJUSTMENT
Minutes of meeting held on May 21, 2003
Members present: Leon Parker, Chairman; John Partridge, Vice Chairman; and Ron Taylor. .
Excused: Doreen Connor
Guests: Laura Scott, Town Planner
7:10 p.m. Meeting came to order.
Minutes
The Board reviewed the draft minutes of April 16, 2003. Moved and accepted as amended.
Correspondence
The 2003 member list was reviewed and amended.
Notice of vacancies for alternate members will be advertised in local newspapers. Applications received will be reviewed at the next meeting.
New Business
Members present reviewed Chapter 674:54, Governmental Land Uses, of the New Hampshire
Planning and Land Use Regulations, with regards to the proposed removal of the Old West Henniker Dam. It was discussed whether the town is required to go through the Special Exception process, as noted at the May 7 meeting of the Conservation Commission, or if the town is exempt because it is a town project. Laura Scott will research this issue.
Members discussed the importance of abutters being properly notified of a project, and the posting of a public hearing that is customary with all Special Exception applications. A letter will be forwarded to the Board of Selectmen to encourage them to apply for a Special Exception for the June meeting, if they are not exempt.
Fee Schedule
At the request of the Board of Selectmen, Ms. Scott researched and presented recommendations to amend the present ZBA application fee and abutter notification fee.
After their review, a motion was made to recommend to the Board of Selectmen to increase the abutter notification fee to $5.00 per abutter. The application fee will remain at its present rate of $25.00.
Next Meeting The next meeting will be June 18, 2003
Adjournment Meeting came to a close at 8:15 p.m.
Respectfully submitted, Gail Abramowicz, Zoning Board Clerk
HENNIKER ZONING BOARD OF ADJUSTMENT
Minutes of meeting held on April 16, 2003Members present: Leon Parker, Chairman; Doreen Connor, Ron Taylor, Phil Marsland and Joan Oliveira. .
Excused: Mary Wilcox, Amy Patenaude and John Partridge.
Guests: Laura Scott
Meeting came to order at 7:10 p.m.
Minutes The Board reviewed the draft minutes of March 19, 2003. Moved and accepted with technical correction.
Correspondence
Ms. Scott, Town Circuit Rider from CNHRPC, gave an overview of her duties to this board and to the other town boards. She gave the members an outline of the basic functions of The N.H. Zoning Board of Adjustment that was a handout at the spring NH Planning Conference.
Ms. Scott asked the members if they had any suggestions for zoning amendments. Mr. Taylor proposed a review of the subdivision ordinance with regards to sideline to frontage ratio.
Mr. Parker suggested a clarification to the drive-thru window ordinance.
Members briefly discussed format changes to the applications. A draft of those changes will be reviewed at the May meeting.
New Business
Ms. Rico joined the meeting and reviewed the Wetlands Impacts Procedure with the members. She also handed out copies of the Natural Resource Inventory for Henniker.
Ms. Rico outlined the procedure that the Conservation Commission follows when a resident applies for a wetlands permit.
She also noted, according to the Henniker Zoning Ordinance, before an applicant can develop property that has wetlands on it, they first need to apply and be granted a Special Exception from the ZBA. The Commission and the Health officer have 30 days to review an application for wetlands impact before it can be heard at a public hearing. Zoning Ordinance Article XXIII Sections 133-111, -112 and -113 were discussed.
Ms. Scott, as the circuit rider, will review an applicant= s proposed project. If wetlands are present, she will inform the applicant of the procedure. The applicant will be required to submit three sets of plans; one each for the Conservation Commission, the Health Officer and the Zoning Board of Adjustment.
All reviews of a proposed plan by the Conservation Commission will be submitted in writing and
forwarded to the ZBA, Planning Board, Board of Selectmen and the applicant.
Elections
Ms. Connor made a motion for the same slate of officers as the past year. Mr. Marsland seconded. As both Mr. Parker and Mr. Partridge had accepted nominations to continue as Chairman and Vice Chairman, respectively, the unanimous vote was in favor of the motion.
There are presently two openings for alternate members. Anyone interested in joining this board may pick up an application at town hall. The next meeting will be May 21.
Old Business
Members discussed a NH Supreme Court opinion on the Rancourt v. City of Manchester document. This document addressed a variance application and affirmed the decision of the Manchester ZBA in granting the variance, which was appealed by Rancourt and other abutters.
Next Meeting
The next meeting will be May 21, 2003
Adjournment- Meeting came to a close at 8:10 p.m.
Respectfully submitted, Gail Abramowicz, Zoning Board Clerk
HENNIKER Z0NING BOARD OF ADJUSTMENT
Minutes of meeting held on February 19, 2003
Members present: Leon Parker, Chairman; Doreen Connor.
Excused members: John Partridge and Mary Wilcox.
Guests present: None
Meeting called to order: 7:15 p.m.
Minutes: Draft minutes of the January 15, 2003 meeting were tabled until the next meeting because there was not a quorum present to review them.
Mr. Parker stated there are a couple of vacancies available for alternate member positions. If interested in joining the zoning board, applications are available at the Selectmens office in the Town Hall.
New Business
Discussion on the procedure for wetlands impact has been tentatively rescheduled for the March meeting.
The draft for the 2003 meeting schedule was reviewed. Meetings will continue to be held on the 3rd Wednesday of every month at 7:00 p.m. The meeting schedule and deadline date to submit an application is posted at Town Hall, in the town report and on the website. Agenda notices and minutes are posted at Town Hall, the post office, the library and on the town website.
Old Business
Final draft for a proclamation honoring former member Suzanne Dobbins was reviewed and approved. The proclamation will be presented to Ms. Dobbins next month.
Next Meeting
March 18, 2003 at 7:00 p.m.
Adjourned: 8:00 p.m.
Respectfully submitted, Gail Abramowicz, Zoning Board Clerk
Minutes of meeting held on January 15, 2003
Members present: Leon Parker, Chairman; John Partridge, Vice Chairman; and Ron Taylor.
Excused members: Doreen Connor.
Guests present: None
Meeting called to order: 7:05 p.m.
Minutes: Draft minutes of December 18, 2002 meeting were reviewed and accepted as amended.
Correspondence
Members reviewed a ruling by the New Hampshire Supreme Court; Rancourt v. City of Manchester.
This ruling was before the court on various issues pertaining to the hardship requirement. Members not present at tonights meeting will be mailed a copy for discussion at the February meeting.
New Business
The 2003 meeting schedule was reviewed. This schedule shows the dates applications should be submitted by and the date of each meeting. A copy of this schedule will be posted at Town Hall on the ZBA information board, in the town report, and on the town website.
Mr. Taylor suggested the ZBA propose to the planning board a supplement to Section 133-39 to establish minimum width/depth ratios on lot configuration. Further discussion on this proposal will be held at a future meeting.
Next Meeting
Applications should be submitted by February 3, 2003 to be considered at the February 19 meeting.
Adjourned: 8:05 p.m.
Respectfully submitted, Gail Abramowicz, Zoning Board Clerk