The Zoning Board of Adjustment
Town of Francestown
Francestown, New Hampshire 03043
September 8, 2011
MINUTES
Zoning Board Members Present: Silas Little (Chair), Charles Pyle (Vice-Chair), Lois Leavitt, Mike Jones, Tom Lowery (Alternate).
Applicant: Martel Retailing Enterprises, Inc.
Members of the Public Present: B. Watson, J. Hicks, BJ Carbee, P. Freese.
Silas Little brings the meeting to order at 7:35 pm. Barbara Martin is taking the minutes.
Application for Variance by Martel Retailing Enterprises, Inc.
Applicant, Martel Retailing Enterprises, Inc. seeks a variance from Article III, Section 1.1 of the Francestown Zoning Ordinance.
S. Little reads the Ordinance and advises that a list of abutters was provided and they were notified by mail.
Ben Watson on behalf of Martel presents the application. Watson advises he is very familiar with the long history of the Francestown Village Store and its various operations and owners.
B. Watson gives a summary history on the property and its operations. See Site Development Application and accompanying attachments for full details.
Watson advises the Martels are seeking relief from the ordinance, but states that no structural changes will occur. The present use of the building is not changing, but an expansion of use is the issue.
On August 16, 2001 the Francestown Planning Board approved the Site Plan for the Martels and the Francestown Village Store, provided a variance is granted by the Zoning Board of Adjustment. A new RSA allows the Planning Board to do this. Applicant is seeking a variance in order to proceed with the approved site plan.
Watson advises that 48% of the expansion is passive food storage and the area is not open to the public. There will be no increase in traffic (delivery trucks, etc.) or increase in vendors.
Septic system was upgraded in 2003 and a grease trap is present. System will more than handle the wastewater that will be produced.
Applicant also wishes the Board to allow storage in the remainder of the building.
Questions from the Board
Q: Are any of the abutters opposed?
A: None known.
T. Lowery asks B. Watson for a summary history of a prior lawsuit Town of Francestown vs. Tiffany.
Sue Jonas joins the Board
B. Watson summarizes the lawsuit (see court decision documentation in file).
Watson, Martel and Board discuss how much additional space is to be used and how much impact it will have. Applicant advises the total amount of space is 4169 sq ft, but would like to use remaining space for passive storage.
S. Little questions the septic system and whether it has been approved for the proposed use. States there is an approved septic system for a dry goods store, ski shop and 3-bedroom residence.
Applicant/Watson advise the system is adequate and it is designed for volume, not use. The volume is well below the maximum that was designed.
S. Little advises applicant to obtain necessary DES approval for use (food preparation) before going forward.
Discussion between Board and applicant regarding necessary approvals: Food preparation vs. dry goods.
Discussion between Board and applicant regarding use of the remaining building. Board can only approve a variance that is that which the Planning Board approved. Applicant needs to amend site plan and obtain Planning Board approval of revised plan.
Discussion over what form the approval will be. Further discussion over change of use and expansion of use.
L. Leavitt asks what the fire department requires. Applicant advises the FVFD inspected and required more safety lighting, but otherwise everything was fine.
C. Pyle requested clarification on the use plan (Vadney store).
P. Freese brought a news article to the attention of the Board, which discussed how the building was being used (according to the owners).
S. Jonas asked how product is shipped out. Martel advises when a delivery is made, product is then taken out in the empty truck.
Board Question: How many employees?
Applicant: 9 –10
Board: Where do they park?
Applicant: 3 employees park at Tiffany’s without an easement.
Board: Do they have permission?
Applicant: Planning Board waived employee parking requirement.
Various discussions over employee parking.
Martel states he has reduced the hours of operation, traffic, etc. Reduced employees to a maximum of 4 –5 at a given time, 1 or 2 of which are involved in food prep. Does not believe there has been any impact on the town. Discussion continues over impact.
Pyle advises that any variance that is granted, the variance goes with the property. So, the Board must consider this when rendering a decision. The Board must ensure for the future use of the property. Further discussion continues with regard to impact, employees, etc. Board needs specifics in order to make an appropriate decision.
Applicant requests a list of questions from the Board so he may adequately and specifically address them.
Further discussion continues about use, employees and impact on the town.
Information the Board would like to have:
- Appropriate approval from DES
- Total number of full time (or equivalent) employees
- What areas, specifically, will employees be working
- Hours of operation
- Include the USDA representative in requested information
P. Freese expressed concern over parking of trucks in front of the library. Board is aware of loading and unloading. Do not believe it is an issue for the town (DOT issue).
Applicant expresses concern over the use of space that is not in the current variance request (the remaining 6000 sq ft). The non-residential use is for the 2022 sq ft only. Further discussion over the historical use of the building, as well as the specific information the Board is looking for.
Applicant is advised they must meet the five criteria for a variance to be granted.
S. Little moves to continue the Public Hearing until October 13, 2011 at 7:30 pm, unless the applicant informs the Board they need more time. Second by C. Pyle. All in favor (6 – 0).
S. Little moves to adjourn. Second by S. Jonas. All in favor (6 – 0).
Next Meeting Thursday, October 13, 2011 at 7:30 pm. Continued Public Hearing Variance by Martel Retailing Enterprises, Inc and Francestown Village Store.
Meeting is adjourned at 9:10 pm.
Respectfully Submitted
Barbara Martin, Minutes Clerk
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