CITY OF BERLIN, NH
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
August 27, 2008
Members Present: Chair Harold Bigelow, Ron Cote, Reverend Dana Hoyt, Norine Van Leuven Vice Chairman Richard Tremaine and Greg Estrella
Members Excused: Henry Boucher
Others Present: Jay Poulin, HEB, Alan McLain, James Wagner; Shawn and Andrea Tupick; Joe Martin, Code Enforcement Officer; Alison Findsen, Secretary.
Chair Bigelow opened the meeting at 6:30 p.m.
Chair Bigelow moved Greg Estrella into the position of a voting member to replace Mr. Boucher for the two hearings.
Minutes: Vice Chair Tremaine made a motion to accept the minutes of the February meeting, with Reverend Hoyt seconding the motion and everyone voting in favor.
Applicant: Case number 03-08 - H. E. Bergeron Engineers, Inc., PO Box 440, North Conway, on behalf of Greenova, LLC, via Alan McLain, 244 Denmark Street, Berlin.
Request: A Special Exception to allow the construction of a primary building higher that the allowed 35 feet of height. The subject property is located in the Berlin Industrial Park, shown on the Berlin Tax Map as Map 404, Lots 30 and 31 and Map 104, Lots 18 and 20, located in and Industrial/Business Zoning District. The Special Exception is requested under Article XI, Section 1105.1 of the Berlin Zoning Ordinance.
Discussion: Mr. Jay Poulin was sworn in and proceeded to explain the need for a Special Exception. He reminded the Board HEB and come before the Board in February with a similar request, which was granted, however, this one was for the primary building, which was not included before. He briefly discussed the silos and other secondary buildings, not part of this request. They would like to construct the building to a height of 40 feet. He explained that most of the work will now be conducted indoors. It was noted that they should check with the FAA regarding lights on the building for air traffic.
Support: No one spoke is favor of the granting of the Special Exception.
Opposition: No one spoke against the granting of the Special Exception.
Final Word: Mr. Poulin did not have anything further to add.
Chair Bigelow closed the hearing summarized the deposition, which was not disputed.
Board
Discussion: The Board briefly discussed the request for a Special Exception. They could not see a reason to not grant it. The building, being in an industrial park, they believed, was the correct setting for such an endeavor. They did not see a reason for any conditions to be placed on the granting of the Special Exception.
Decision: To grant the Special Exception.
Motion: Reverend Hoyt made a motion to grant the Special Exception to allow the construction of a building higher than the 35 foot height allowed. Vice Chair Tremaine seconded the motion, with everyone voting in favor.
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Applicant: 04-08 Shawn and Andrea Tupick, of 65 Norway Street
Request: Request a Special Exception to allow the construction of a garage within six feet of the side and rear lot lines. The Special Exception is requested under Article VI, Section 604.b.a and .c. The subject property is located at 65 Norway Street, on Tax Map 127, Lot 192, lying in a Residential Single Family Zone.
Discussion: Mr. Tupic was sworn in and explained that he wished to build a garage that would be 6 feet from the back lot line and 6 feet from the side lot line. He stated that they owned the land in the back. He stated the garage would be 24' by 36'.
Support: A letter from an abutter, Leo Paradis was read to the Board, showing his support for the granting of the Special Exception.
Chair Bigelow closed the hearing summarized the deposition, which was not disputed.
Opposition: No one spoke against the granting of the Special Exception.
Final Word: Mr. Tupick had nothing to add.
Chair Bigelow closed the hearing summarized the deposition, which was not disputed.
Board
Discussion: The Board could not see any reason to deny the request for a Special Exception.
Decision: To grant the Special Exception allowing the Tupicks to build a garage 6 feet from the side and 6 feet from the rear lot lines.
Motion: Vice Chair Tremaine made a motion to grant the Special Exception allowing the 24' by 36' garage 6 feet from the rear and side lot lines, with Mr. Cote seconding the motion and everyone voting in favor.
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Old Business: Mr. Martin told the board that the law suite with George Stanley vs. the Berlin Zoning Board has been thrown out of court.
Adjournment: Vice Chair Tremaine made a motion to adjourn the meeting, with Reverend Hoyt seconding the motion and everyone voting in favor. Chair Bigelow closed the meeting at 7:15 pm.
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