CITY OF BERLIN, NH
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
February 24, 2010
Members Present: Chair Harold Bigelow, Reverend Dana Hoyt, Richard Tremaine, Greg Estrella, and Ron Cote
Members Excused: Noreen Elliott, Henry Boucher
Others Present: Sean Lamontagne, Max Makaitis, Rick Lamontagne, Chris Lamontagne, Priscilla Breault, Stephen Rich, Timothy Gallagher, Ke N Tat; Joe Martin, Zoning Office, Alison Findsen, Secretary
Chair Bigelow opened the meeting at 6:30 p.m.
Minutes: Mr. Tremaine made a motion to accept the minutes of the previous meeting, with Mr. Cote seconding the motion and everyone voting in favor.
Request for a rehearing: The Board reviewed a letter from attorney Christopher Meier, of Cooper, Cargil Chant, representing Rita Debonis, requesting a rehearing of Case 01-10, heard on January 20, 2010 (a request for an equitable waiver that had been granted). The Board decided that there was no new evidence or information presented in the letter to allow the granting of a rehearing. Mr. Tremaine made a motion to deny the appeal for a rehearing due to the lack of new information. Mr. Cote seconded the motion with everyone voting in favor of the denial.
Chair Bigelow opened the public hearing for the next case and explained the proceedings of the hearing.
Applicant: 02-10 Ke N Tat, 3 Hillside Avenue,
Request: Request for an appeal of an administrative decision for 511 Goebel Street. The said property is located in an Industrial Business Zone (Map 130 Lot 398), the request, if approved would allow the change of property use from residential to commercial. The request comes under Article XIX, Section 17-202-1, pertaining to Article XI, Section 17-113-1, 2 of the Berlin Zoning Office. A commercial use is required to have a 100 foot frontage (by the ordinance), where the said property only has a 50 foot frontage.
Discussion: Mr. Ke N Tat was sworn in by Chair Bigelow. He told the Board he wanted a variance to open a small business at the 511 Goebel Street address. He stated that it had been commercial 10 years ago, and is an existing building. He was looking to have a small motor cycle repair show (to include ATV’s) and eventually the possibility to include a bed and breakfast. Mr. Tat stated that it would create jobs in Berlin. The Board questioned if he was asking for a variance or an appeal of an administrative decision. It was clarified he was asking for the appeal, and should the appeal be allowed, he would still need a variance. He explained the property was now a multifamily with a very large three bay garage. The shop would be approximately 50’ X 60’.
The Board looked at the size of the building and the size of the property and believed it to be too small to be allowed as commercial, as a 100 foot frontage was needed, and there would no be much room for parking. Ten thousand square footage was needed, where this was only 3500 square feet. Allowing the appeal would go against the dimensional requirements of the ordinance. Mr. Bigelow noted that this was similar to the Pisani request of last year, and Mr. Tat noted that Pisani was new construction, and his had already been there and used as commercial 10 years ago.
Stephen Rich, of 349 Madison Avenue stated that he was the one who would be running the business, and stated that it should be grandfathered as it was used commercially before. The Board stated that there was no grandfathering, as the property use had been abandoned and it would have to meet the new guidelines, as wood a new building
Mr. Tat noted the Pub had a smaller frontage. The Board explained that business was already established.
Mr. Rich stated that he would not need the whole garage and could use a smaller section. It was explained that the building and property did not meet the dimensional requirements to be commercial. Reverend Hoyt stated he would love to see the business happen, but they could not vote against the ordinance.
Support: No one spoke in support of granting the appeal of an administrative decision.
Opposition: No one spoke against the granting of the appeal of an administrative decision.
Final Word: Mr. Tat reiterated his desire to open a small business on the property.
Chair Bigelow closed the hearing with a summarization of the proceedings, which were not disputed.
Board
Discussion: The Board could not find a reason to approve the appeal request, as in doing so; they would be going against the ordinance.
Decision: To deny the request for an appeal of administrative decision.
Motion: Reverend Hoyt made a motion to deny the request for an appeal of administrative decision, with Mr. Estrella seconding the motion and everyone voting in favor.
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New Business:
A letter from ZBA member Norine Elliot was read to the Board. She stated that she would not be making the meetings until after the end of March, nor would she be able renew her position on the Board because of a family illness.
Information packets were distributed to the Board.
Adjournment: Mr. Cote made a motion to adjourn the meeting, with Reverend Hoyt seconding the motion and everyone voting in favor. Chair Bigelow closed the meeting at 7:25 p.m.
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