CITY OF BERLIN, NH
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
May 26 2010
Members Present: Chair Harold Bigelow, Richard Tremaine, Greg Estrella, and Ron Cote, Reverend Dana Hoyt, Henry Boucher
Others Present: Gregg Marrier; Attorney John L. Riff, Ke N Tat, Kim McKenzie and Tim Gallagher
Chair Bigelow opened the meeting at 6:30 p.m.
Minutes: Mr. Cote made a motion to accept the minutes of the April meeting, with Mr. Estrella seconding the motion and everyone voting in favor.
Chair Bigelow opened the public hearing for the next case and explained the proceedings of the hearing.
Applicant: Case #06-10: An application for Variance has been filed with the Berlin Zoning Board by Ke N Tat of Hillside Avenue. The subject property is located at 511 Goebel Street, on Tax Map 130, Lot 398, in an Industrial Business Zone.
Request: The request for a Variance, if approved would allow the use of more than the allowable maximum lot coverage. The request comes under Article XIX, Section 17.202.2 and Article XI, Section 17.116 of the Berlin Zoning Ordinance.
Discussion: Attorney Riff told the Board he did not believe there was a need for the variance, as the property use was grandfathered and it cannot lose its grandfather status. The Board stated that after abandonment a property loses any grandfathering and the property had been abandoned for a number of years. He stated there had not been any new construction on the property, it was as it had originally been and grandfathered as nonconforming as the ordinance came after the use.
Support: No one spoke in favor.
Opposition: No one spoke against.
Final Word: Attorney Riff had no more to say.
Board
Discussion: The Board was concerned with issuing a variance against ordinance and felt that it would go against the reasons for the ordinance to begin with. The egress to the land was not large enough to support trucks.
Attorney Riff stated they would be going before the Planning Board for a Site Plan Review, and also obtaining an easement. He stated the variance was needed, as there was no way for the property to conform and business and city revenues would be lost.
Decision: The Board reviewed the criteria for granting a Variance and decided that the request did not meet the requirements. They decided to deny the request for a variance.
Motion: A motion to deny the request for a variance to allow more than the allotted maximum lot coverage, by Reverend Hoyt and seconded by Mr. Tremaine.
Cote Yes Tremaine Yes Boucher Yes
Bigelow Yes Hoyt Yes
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Applicant: Case #8-10: An application for Variance has been filed with the Berlin Zoning Board by Ke N Tat of Hillside Avenue. The subject property is located at 511 Goebel Street, on Tax Map 130, Lot 398, in an Industrial Business Zone.
Request: The request for a Variance, if approved would allow the change of residential to commercial use on less than minimum lot size and frontage. The request comes under Article XI, Section 17.113.1 & 2 regarding variances.
Discussion: Attorney Riff reviewed the Article and Sections from the ordinance pertaining to the case. He stated that not granting the variance would be stunting the City’s growth and therefore granting it would be in the spirit of the ordinance.
Support: No one spoke in support of the granting of the variance.
Opposition: No one spoke against the granting of the variance.
Final Word: Attorney Riff had nothing further to say.
Board
Discussion: The Board could not see any reason to grant the variance. They stated that Mr. Tat should probably go before the Council and seek having changes made to the ordinance. They also stated the ZBA could contact the Planning Board about the need for some changes, but there hands were tied as to granting a variance to the ordinance in these cases.
Decision: The Board reviewed the criteria for granting a Variance and decided that the request did not meet the requirements. They decided to deny the request for a variance.
Motion: A motion to deny the request for a variance to allow the changing of use from residential to commercial on a property with too small a frontage was made by Reverend Hoyt and seconded by Mr. Boucher. A roll call vote was taken as follows:
Cote Yes Tremaine Yes Boucher Yes
Bigelow Yes Hoyt Yes
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Applicant: Case #05-10: An application for Special Exception has been filed with the Berlin Zoning Board by Ke N Tat of Hillside Avenue. The subject property is located at 511 Goebel Street, on Tax Map 130, Lot 398, in an Industrial Business Zone.
Request: The request for a Special Exception, if approved would allow the building to change from residential property to a business, allowing a motorcycle repair shop. The request comes under Article XI, Section 17-112 and Article X, Section 17-103.12 of the Berlin Zoning Ordinance.
Discussion: Attorney Riff noted the Articles and Sections pertaining to the request. He stated there would be adequate parking and reiterated they would be going before the Planning Board for a SPR.
Support: No one spoke in support of the granting of the Special Exception.
Opposition: No one spoke against the granting of the Special Exception.
Final Word: Attorney Riff had nothing further to add, but he hoped they would grant
the request.
Board
Discussion: The Board was concerned with granting this request, when the others were denied, as they would be granting permission for something that cannot be done. Chair Bigelow stated that the Board looks at only the one petition. He also stated that conditions could be put on.
The Board decided to add the condition of going before the Planning Board for a SPR and resolving the two variance issues on more than maximum lot coverage and changing from residential to commercial use without the required frontage.
Decision: To grant the Special Exception with the aforementioned conditions.
Motion: Mr. Cote made a motion to grant the Special Exception for changing the use from residential to commercial with the following conditions:
1. The property goes through a Site Plan Review with the Planning Board.
2. The issues regarding property lot frontage size and more than maximum use coverage are resolved.
Mr. Tremaine seconded the motion and everyone voted in favor.
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New Business: There was no business to discuss.
Adjournment: Mr. Tremaine made a motion to adjourn the meeting, with Mr. Reverend Hoyt seconding the motion and everyone voted in favor. Chair Bigelow closed the meeting at 7:45 p.m.
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