CITY OF BERLIN, NH
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
March 11, 2009
Members Present: Chair Harold Bigelow, Reverend Dana Hoyt, Norine Elliott, Vice Chairman Richard Tremaine, Henry Boucher and Greg Estrella
Members Excused: Ron Cote
Others Present: Bill Gabler, Clean Power; Bill Andreas, BEDCO; Mayor David Bertrand; Councilman Tom McCue; Tim Cayer; Francoise and Paul Cusson; Barbara Tetreault, Berlin Daily Sun; Pam Laflamme, City Planner; Joe Martin, Code Enforcement Officer; Alison Findsen, Secretary.
Chair Bigelow opened the meeting at 6:30 p.m.
Chair Bigelow moved to appoint Greg Estrella into the position of a voting member to replace Mr. Cote 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 #01-09 Clean Power Development, LLC, of Concord
Request: Four Special Exceptions. This request, for four Special Exceptions, if approved, would allow:
1) a renewable energy facility in the Industrial/Business Zone when such use is only allowed within the City of Berlin by Special Exception, as requested under Article II Section 205, uses by Special Exception, of the Berlin Zoning Ordinance.
2) Allow a primary building height of up to 85’ where 35’ is allowed and accessory building height of 100’ (silos), 60’ (cooling towers) and 130’ (stack) where 22’ is allowed, as requested under Article XI, Section 1105.1 and .2, regarding building height, of the Berlin Zoning Ordinance.
3) To permit 19 parking spaces when 27 spaces are required, as requested under Article XVI Section 1603 regarding industrial manufacturing parking, of the Berlin Zoning Ordinance. .
4) To permit a 10’ high chain link security fence around the proposed renewable power generation plant where a maximum height of 6’is allowed, as requested under Article XVII Section 1703.1, regarding fence height, of the Berlin Zoning Ordinance.
Discussion: Chair Bigelow stated that the Special Exceptions had been previously heard at the January meeting. He then re-presented the Special Exception #4 for the 10 foot high chain link fence. No one could see a reason to not grant the Special Exception. They briefly discussed the fence.
Decision: To grant the Special Exception
Motion: Reverend Hoyt made a motion to grant the Special Exception allowing a 10 foot chain link fence, with Mr. Boucher seconding the motion and everyone voting in favor.
Board
Discussion: Chair Bigelow presented the Special Exception #3 to allow only 19 parking spaces where 27 would be required. Rev. Hoyt asked where it was noted in the ordinance that this could come before the Board for a decision. The only information found was regarding a Planning Board Site Plan Review, under Section 1601.5.B. After further discussion it was concluded that the Board could not vote on this request.
Decision: To refer the request to the Planning Board for a Site Plan Review
Motion: Mr. Boucher made a motion to refer the request for fewer than allowed parking spaces to the Planning Board for a Site Plan Review. The motion was seconded by Rev. Hoyt and everyone voted in favor.
Board
Discussion: Chair Bigelow presented Special Exception #2, the request regarding the heights, and it was noted where there were some changes from the original request, whereby they would need 173 feet for the stacks. The Board saw no problems with the heights requested. It was noted that the heights were in concordance with EPA regulations.
Decision: To grant the Special Exception.
Motion: Mr. Boucher made a motion to grant the Special Exception allowing the height needed. The motion was seconded by Mr. Tremaine and everyone voted in favor.
Board
Discussion: Chair Bigelow presented Special Exception #1, requesting a renewable energy facility in the Industrial/Business Zone. Mr. Gabler noted that the electrical lines would not need to be upgraded to accommodate the facility. He stated that PSNH would not speak to them about purchasing the electricity, so they would not be selling locally.
Chair Bigelow expressed his concern for the traffic situation and felt it would be a “fly in the face of the Master Plan”. It was mentioned that the traffic was 25% less than that of the mill. Chair Bigelow noted that the mill was not running and if Berlin was to be a tourist area the trucks would be a problem. He was concerned with the trucks running in the downtown area and in the neighborhoods. It was noted that they would be using the regular assigned truck routes. Mayor Bertrand stated that the council has been working on the truck route situation. The trucks have been re-routed and it is up to the police department to enforce them. The city planner also
spoke in defense of the traffic situation and truck routes.
Decision: To grant the Special Exception.
Motion: Mr. Boucher made a motion to grant the Special Exception allowing a renewable energy facility in an Industrial/Business Zone, with Rev. Hoyt seconding the motion. The motion carried with four yes votes and chair voting no.
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Applicant: 02-09 Tim Cayer, Berlin, New Hampshire
Request: To allow a retail sales entity in an industrial/business zone. This request is regarding Article XI Section 1102, uses permitted by special exception, in the Berlin Zoning Ordinance. The subject property is located at 170 Perry Street shown on Berlin Tax map 129 as Lot 55, and is located in an Industrial/Businesses Zone.
Discussion: Mr. Cayer stated that he wished to open his retail store at the property on Perry Street. There is not much room where he is situated now, on Pleasant Street. He stated he would also like to add repairs, and this would be a good place to do so.
Chair Bigelow closed the hearing summarized the deposition, which was not disputed.
Board
Discussion: The Board briefly discussed the request and felt that it was an ideal site for the business to run out of.
Decision: To grant the Special Exception
Motion: Mr. Tremaine made a motion to grant the Special Exception allowing use of a retail business in an Industrial/Business Zone with Mr. Estrella seconding the motion and everyone voting in favor.
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Old Business: There was not old business to discuss.
New Business: Slate of officers:
Chair: Mr. Boucher made a motion to elect Harold Bigelow to another term as Chairman, with Mr. Estrella seconding the motion and everyone voting in favor.
Vice Chair: Mr. Estrella made a motion to elect Richard Tremaine to serve another year as Vice Chair, with Reverend Hoyt seconding the motion, there were no further nominations and everyone voting in favor.
Clerk: Mr. Tremaine made a motion to elect Dana Hoyt to serve another year as Clerk, with Mr. Boucher seconding the motion there were no further nominations and everyone voted in favor.
Adjournment: Mr. Boucher made a motion to adjourn the meeting with Mr. Tremaine seconding the motion and everyone voting in favor. Chair Bigelow closed the meeting at 7:30 p.m.
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