TOWN OF CHARLESTOWN
ZONING BOARD OF ADJUSTMENT
MINUTES
APRIL 28, 2004
Members Present: Kenneth Place – Chair, Terri Fisk – Vice-Chair, Barbara Jones – Secretary
Alternates Present: Harold Ames, Kenneth Arkell, Robert Frizzell, Andrew Jellie
Staff Present: David Edkins – Planning & Zoning Administrator
Regina Borden – Recording Secretary
CALL TO ORDER – Mr. Place called the meeting to order at 7:00 P.M.
SEATING OF ALTERNATES – Mr. Place noted that Eric Lindblade was absent and William Brys has passed away. He called upon Kenneth Arkell to sit in for William Brys and Harold Ames to sit in for Eric Lindblade.
MOMENT OF SILENCE –
Kenneth Place requested a moment of silence for William Brys, a long time member and previous chairman of this Board, who passed away last week.
ELECTION OF OFFICERS FOR 2004-2005 –
Chair – Barbara Jones nominated Kenneth Place as Chairman. Mrs. Fisk seconded the nomination and with all in favor, Mr. Place was elected Chairman.
Vice-Chair – Kenneth Place nominated Terri Fisk as the Vice-Chair. Mr. Arkell seconded the nomination and with all in favor, Ms. Fisk was elected Vice-Chair.
Secretary – Kenneth Place nominated Barbara Jones as Secretary. Mr. Ames seconded the nomination and with all in favor, Mrs. Jones was elected Secretary.
MINUTES OF MAY 14, 2003, MEETING - Mrs. Fisk moved that the minutes of the May 14, 2003, meeting be approved as printed. Mr. Arkell seconded the motion. With five members in favor, the minutes were approved.
ZBA 01(V)-2004- Petition of PATRICIA CORMACK d/b/a PARTY TIME for property located at 3848 Claremont Road wherein a Variance from Section 8.6.3.c. of the Zoning Ordinance is requested to permit placement directional signs at a height exceeding the 5 foot maximum allowed by the Ordinance. Said property is shown on Tax Map 2 as Lot 2 and lies in Zone E (Mixed Use). Patricia Cormack was present and is requesting a Variance for three directional signs that are higher than the 5 feet allowed by the Zoning Ordinance. There are three different sections inside the store – an arcade, a party store and an ice cream shop – and they are trying to direct people to the proper entrance. Terri Fisk reviewed the five criteria to support granting a Variance and the only one that she
questioned was No. 3, unnecessary hardship, because it doesn’t seem to fit as well but, in her judgment, Nos. 1, 2, 4 and 5 are not problems.
Photographs of the signs were included in the packets. Mr. Edkins noted that this is an after-the-fact application as the signs are already mounted on the building. The Town’s ordinance allows directional signs not to exceed seven square feet to be placed on the property without any Planning Board permits but they aren’t allowed to be more than five feet off the ground. These signs do meet the dimensional requirement and are directional in that they point out which entrance goes to each part of the business. Mrs. Cormack explained that the gentleman that did the signs said they didn’t need to be approved and the Building Inspector said they were fine but when talking to Mr. Edkins about going to the Planning Board for the main sign it was pointed out that the other three signs
were too high and couldn’t be included with the main sign otherwise it would have exceeded the fifty square feet.
Mrs. Jones felt they do stand out. Mrs. Cormack advised that the signs have internal lights. Mr. Place asked how high up are they? Mr. Edkins responded that they are above the doors so are probably 10-12 feet. Mr. Arkell asked if they are only lit when the business is in operation? Mrs. Cormack said “yes”, they are on timers. Mr. Edkins advised that Mrs. Cormack has been before the Planning Board twice for the other signage and that was approved. Mr. Arkell doesn’t have a problem considering the setback of the building. Mrs. Fisk doesn’t believe that the property is unique but given the other four criteria and the area that it is in, what already exists on the property and what exists in the neighborhood, this would not seem unduly oppressive.
Mr. Place felt it is to pinpoint which door the people are to go in.
Planning Board member, Sharon Francis questioned whom the signs are to be read by- pedestrians on the site or an attempt to be seen by the passing motorists? Mrs. Cormack responded that patrons that come into the parking lot don’t know where to go and that the building is new. Mr. Place asked if the patrons all go into the parking lot? Mrs. Cormack said there is some parking by the house but most park in the parking lot. Mrs. Francis said that if the purpose is to be for the pedestrians is a sign 10 feet in the air the best place for it. Mrs. Cormack responded that there are umbrellas for the people eating ice cream and people cannot see lower signs from the parking lot. The walkway is seventeen steps up to the ice cream shop. Mrs. Fisk said people that are parking and
walking would be able to see that there is ice cream and an arcade there. It is important to put on the record that just because the signs are there the Board could ask the McCormack’s to remove the signs if they didn’t fit the criteria; the Board isn’t starting any precedents by giving anyone a break.
Mrs. Francis said another concern of hers is public safety. The speed there on the Claremont Road is 55 MPH and since the McCormack’s were before the Planning Board she tried to look at that site; there is a lot of visual activity, there might be a safety problem at that site. There are flags, signs and various attractions; it is too much for her. Mr. Ames said if the signs are okay size-wise, the more visible they are, the easier it is to see them. Mrs. Fisk said in terms of the business on the property, it is very busy but that is a Planning Board issue, the signs seem to create better organization. Mrs. Jones felt if one looks at the building they have problems mounting a sign within the regulations. Mr. Place feels everybody that goes by knows what goes on there; when
you go by it is the Party Time sign that catches your eyes.
Mrs. Cormack noted that they have tried to satisfy the Planning Board by taking down some excess stuff like banners and excessive signage that amounted to about 25 to 30 signs; they are doing the best they can to make the property look cleaner and better organized. There is the one main sign near the road and they took down one piece of that sign as it was over the size limit. Mrs. Fisk said relative to the hardship it would seem that it is too restrictive and she doesn’t believe that those three signs will cause accidents; it is the nature of having an amusement park at the foot of a hill.
Mr. Jellie asked if there are other alternatives; to him a hardship would be that Mrs. Cormack can’t conform to the five feet; they don’t look like directional signs to him. Mr. Ames responded that we are talking about the height and not the size of the signs. Mrs. Cormack said the ice cream shop, party shop and arcade are open year-round and you can’t see small signs from the parking lot, it is even difficult to see them the size they are now. In the winter time the business is open from 10:00 am to 9:00 pm and in the summer from 10:00 am to 10:00 pm. Mrs. Fisk asked who the abutters are and if there has been any response from them? Mr. Edkins advised that the abutters are: Benedict & Gail Hargraves, Vivian & Wilfred Dineen, Raymond Lemieux/Dean Hill Motors,
Martha Beagan, Lyle & Helen Kingsbury, Raymond St. Sauveur and Maurice Hurd. We did not get any comments for this hearing but for the Planning Board hearing Mr. St. Sauveur, who lives across the road, sent a note stating he had no concerns. Lyle and Helen Kingsbury came to the Planning Board meeting regarding the banquet facility and they had no problems. All abutters were notified of this hearing by certified mail.
Mrs. Fisk moved to approve this Variance for Patricia Cormack d/b/a Party Time to leave the three directional signs where they are. Mrs. Jones seconded the motion. With five members in favor, the motion was approved.
ZBA 02(V)-2004 – Petition of HUNTER GRILLONE for property located at 88 Summer Street wherein a Variance from Sections 8.5.6,c. of the Zoning Ordinance is requested to permit construction of a new residential garage less than the required 10 feet from the property line. Said property is shown on Tax Map 31 as Lot 78 and lies in Zone E (Mixed Use). Mr. Grillone explained that he is requesting a Variance for construction of a new 20’x20’ two-car garage on his property at 88 Summer Street. The property line slopes slightly on that side in the back. The Town Ordinance requires that there be a 10’ distance from a new structure to the property line and they have less than that. Mr. Place asked if the existing shed would be left where it is? Mr. Grillone
responded that it would remain. Mr. Place asked if the garage would be in front of the shed and Mr. Grillone confirmed that it would be. Mr. Place asked how far away would the garage be from the house? Mr. Grillone said about 15 to 16 feet from the house but about 5 feet from the corner of the deck. It will be at the end of the blacktop driveway.
Mrs. Jones asked how many years ago was the blacktop put in? Mr. Grillone said about 2 years ago; it is 22 ft wide. Mr. Edkins reported that he had received a call from Susan Dexter, an abutter. She could not attend this meeting but advised that both she and her husband, the owners of the property to which the garage would come too close, had no concerns, problems or objections to the proposal. Responding to a question from Ms. Fisk, Mr. Grillone advised that the Dexter barn is about 10 feet from the property line. Mr. Ames looked at the site and didn’t see a problem. Mr. Arkell felt it is hard to build something on some of the downtown lots because of the size of the lots and the relationship of the dwellings in those lots. Mrs. Jones asked if Mr. Grillone could move the
garage over. Mr. Grillone said they have less than one-third of an acre and do not have much yard space now. Mrs. Jones said she is conscious of things being close together and fires but there will be some property in between. Mr. Grillone is clearing brush in between the properties. Mr. Arkell stated that they are only seeking two feet on one side and there are hydrants downtown so there is water available.
Mrs. Fisk moved to approve this Variance for Hunter Grillone to construct a garage because it meets the five criteria. Mr. Ames seconded the motion. With five members in favor, the motion was approved.
ADMINISTRATION AND CORRESPONDENCE:
Replacement Member: Mr. Edkins advised that a replacement member would need to be appointed by the Selectboard to replace Bill Brys; his term will expire next year. The Alternates need to be reappointed as they were all appointed four years ago with no specific terms and they should have staggered terms. Mrs. Jones recommended that Mr. Brys’ replacement be chosen from among the Alternates. Mr. Edkins noted that the statutes allow the sharing of one member from the Planning Board to serve on the Zoning Board of Adjustment. Mr. Frizzell is on the Planning Board and would be interested in serving a three-year term as a ZBA alternate. Mr. Arkell, Mr. Ames and Mr. Jellie expressed an interest in being appointed as regular members of the ZBA.
Other Vacancies: Mr. Edkins noted that there are other board vacancies in Town and they have been posted. There are two openings on the Upper Valley Lake Sunapee Regional Planning Commission that the Selectboard is trying to fill.
Notices of Meetings: Mrs. Jones asked if notices of the ZBA meetings are advertised in the newspaper, as she had not been able to find it. Mr. Edkins responded that notices are in the classified section of the newspaper and they are posted.
There being no other business, Mrs. Fisk moved to adjourn. Mr. Arkell seconded the motion and, on with five members in favor, the motion carried. The time was 7:50 P.M.
Prepared by:
Minutes Filed: 05/05/04
Regina Borden
Recording Secretary
Note: These are unapproved minutes. Corrections, if necessary, may be found in the minutes of the next ZBA meeting.
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