CITY OF BERLIN, NH
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
January 30, 2008
Members Present: Chairman Richard Tremaine, Vice Chair Ron Cote, Harold Bigelow, Reverend Dana Hoyt, Greg Estrella and Norine Van Leuven
Members Excused: Henry Boucher
Others Present: Jim Wagner, Jay Poulin, Paul Grenier; Joe Martin, Zoning Officer and Alison Findsen, secretary
Chair Tremaine appointed Ms. Leuven to a voting member, replacing Henry Boucher for the evening's hearing proceedings.
Minutes: An error was noted on the minutes of the November, 2007 meeting, on page two and four, Chair Tremaine was written and it should have been Vice Chair Cote. With the previous changes, Mr. Bigelow made a motion to accept the minutes of the November, 2007 meeting, with Ms. Van Leuven seconding the motion and everyone voting in favor.
Motion Request for a rehearing: The Board reviewed the motion for a rehearing for Case #09-07, presented in writing from George Stanley, 469 Hillsboro Street, whereby his application for a Special Exception was denied on Wednesday, November 28, 2007. The Board reviewed the motion and decided there was insufficient new evidence to grant a rehearing. Mr. Bigelow made a motion to deny the request for a rehearing for Mr. George Stanley, Case #09-07, due to the lack of sufficient new evidence, with Reverend Hoyt seconding the motion everyone voted in favor to deny the request.
Chair Tremaine ask the Board if anyone had any reasons why they should not vote on the case
to be heard at this meeting, no member voiced a reason.
Chair Tremaine explained the proceedings of the hearing to those present.
Applicant: 01-08 H.E. Bergeron Engineers, Inc, PO Box 440 North Conway, representing owner Greenova, LLC
Request: A Special Exception to allow the construction of accessory buildings higher than the allotted 22 foot high maximum requirement. The subject property is located in the Maynesboro Industrial Park in an Industrial/Business Zone on Map 404, Lots 30 and 31. The request for a special exception comes under Article XI, Section 1105.2 accessory building height, of the Berlin Zoning Ordinance.
Discussion: Mr. Jay Poulin, of 475 Madison Avenue, Berlin represented H. E. Bergeron Engineers, Inc., explained to the Board the reasons for the request for the Special Exception. Mr. Poulin stated that the primary building is the warehouse. The secondary buildings will include the storage for the pellets. There would be 12 accessory buildings ranging in height from 50 feet to 80 feet. Mr. Poulin stated that they are working with the Planning Department and the Fire Department with this project and have applied for all state and federal permits. Setbacks have been addressed and they will comply with the Fire Department's requests. Mr. Poulin stated that this is a 30 million dollar project with 1/3 of the money being spent on emissions control, and they will be complying
with all regulations-state, federal, and city, including sound emissions. The company will employ 40 people directly and a couple hundred indirectly.
Support: Paul Grenier, 492 Champlain Street stated that though not an abutter, he is in favor of the granting of the special exception, stating he believed the industry would be a positive impact on property here and on the city as a whole.
Jim Wagner, 19 Grandview Drive, spoke in favor of granting the Special Exception. Mr. Wagner, an engineer himself, stated that he has been involved with the owners over the past year and they have put a lot of thought into the development of this company here in Berlin. The location was well thought out, and the company listened to the concerns of the community regarding the building of the industry here in Berlin. He mentioned that they were spending 10 million of the 30 million dollars on emissions, and that showed they were a caring entity.
Opposition: No one spoke against the granting of the Special Exception.
Final Word: Mr. Poulin had nothing to add. He thanked the Board for letting him speak.
Chair Tremaine closed the hearing summarized the deposition, which was not disputed.
Board
Discussion: The Board discussed the application for a special exception. There was concern from Mr. Cote as to whether the buildings were truly buildings and if not, than the Board may not have a legal right to make a decision for a special exception. Chair Tremaine noted that it was the Planning Board and City Planner who sent the applicant to the Zoning Board, so they [Planning Board] must, therefore consider the structures to be buildings.
Decision: To grant the Special Exception.
Motion: Mr. Cote made a motion to grant the special exception allowing the constructions of the buildings higher than the 22 feet allotted by the zoning ordinance, with Mr. Bigelow seconding the motion and everyone voting in favor.
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Nominations for Officers' Positions: The position of Chair, Vice Chair and Clerk are open for nominations, for a one-year term.
Chairman: Mr. Tremaine motioned nominated Harold Bigelow for the position of Chairman, with Ms. Van Leuven seconding the nomination. There were no further nominations. All voted in favor of Mr. Bigelow filling the position of Chairman.
Vice Chairman: Mr. Cote made a motion to nominate Richard Tremaine for the position of Vice Chair, with Mr. Bigelow seconding the nomination. There were no further nominations. All voted in favor of Mr. Tremaine filling the position of Vice Chairman.
Clerk: Mr. Cote made a motion to nominate Reverend Hoyt for the position of Clerk, with Mr. Bigelow seconding the motion. There were no further nominations. Everyone voted in favor of Reverend Hoyt filling the position of Clerk.
Adjournment: Reverend Hoyt made a motion to close the meeting, with Ms. Van Leuven seconding the motion and everyone voting in favor. Chair Tremaine closed the meeting at 7:50 p.m.
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