NOTTINGHAM ZONING BOARD OF ADJUSTMENT
December 30, 2008
PUBLIC SESSION
AMENDED & APPROVED
PRESENT: ABSENT:
Mr. Mike Russo, Vice Chair Mr. Doug Leib, Chair
Mr. John Morin, Clerk James Crowell, Alternate
Mr. Jim Howard Mr. James Morin
Mr. Romeo Danais, Alternate
Mr. Kevin Bassett, Alternate
OTHERS PRESENT:
Ms. Lisa Sears; Land Use Clerk, Jesse Medeiros; Applicant, Tobin Farwell: Applicant’s Engineer, Tom Sweeney; Resident.
Mr. Danais was seated for Mr. Leib.
Mr. Mike Russo called the meeting to order at 7:05 PM. He read the first case:
Case 08-09-SE Application from Tobin Farwell for a Special Exception to Article III, Sections A, to allow commercial/industrial use when only about half the property is in the commercial/industrial zone of Rte 4. The lot in question is located at 407 Stage Road, identified as Tax Map 16 Lot 36, and is owned by Jesse Medeiros.
Mr. Farwell introduced himself explaining that he was representing the owner, Jesse Medeiros, tonight. He explained that this project was underway, when they noticed that the ordinance, states that they have to have frontage along Rte. 4. He noted they do fall within the 1000’ of Rte 4 but don’t have frontage on Rte 4. They are here before the Board to apply for the Special Exception as noted in the ordinance. He explained that the house is set back and can only be seen in winter time. He noted he is the one who designed the new septic system on the property prior to Mr. Medeiros purchasing the property. They reviewed the plans; including the parking areas.
Mr. Farwell submitted a letter, From PSNH noting that the previous owner had a commercial meter on the house. He acknowledged that it was probably an illegal commercial use of the property. Mr. Farewell also explained the surrounding, existing commercial properties in the area that also do not have frontage on Rte. 4. He added that, therefore, granting this Special Exception goes with the surrounding character of the neighborhood. He noted one of the abutters, with an existing commercial business is further from Rte. 4 than this property. He noted that they can meet all of the other commercial requirements including setbacks. The existing shed on the property will not be used for commercial practices. He briefly touched on that they are in the process of getting all the permits needed through the DES and will be following
the Best Management Practices for the business. He also added that if granted, then they would have to then go to the Planning Board for the Site Plan review process.
He also reviewed all the points sited from RSA 674:17; including minimal traffic impact, new septic, it’s a large lot, no increased water use.
Board members asked questions about the holding tanks and run off from the gravel parking lot area. They noted that they will be following best management practices. But most vehicles come in under their own power and if towed in the fluids are drained before towing. Mr. Farewell noted that there will swale around the area to protect the wetlands, and the river. It was noted that all these types of issues will fall under the Planning Board’s Site Plan Review process. It was noted that any vehicle that is so damaged and leaking will be stored inside so that the leaks can be captured in the holding tank. Mr. Medeiros noted that he will not be working on commercial trucks, and all liquid wastes will be stored inside before being sent for recycling.
Mr. Danais noted he visited the site and agrees that it is fairly well hidden from the street. Mr. Bassett asked about the map and the commercial zone. Mr. Farewell explained that he believes that they have to meet both parts of the ordinance; within the 1000’ of Rte 4 and have frontage on Rte 4. They have the 1000’ but not the frontage.
The Board again reviewed the abutters and their business in relation to this property. Mrs. Sears noted the abutter, Gary Smith (397 Stage Rd) had come into the office on Dec 29th and stated that he had no problem with it as he was a business in the area as well. Mr. Russo called for any abutters. There were no abutters but resident Tom Sweeney told the Board how he was not in favor of granting this Special Exception because he didn’t believe the town’s intent was not to allow “spot” zoning. He added that the Town voted on that commercial area on Rte. 4 and we didn’t need anymore commercial business in this area. He believes that this business will add to the traffic congestion in the area. He was also concerned for the area’s wetlands, and the site distances of the driveway.
Mr. Russo noted that these types of issues come under the purview of the Planning Board and their Site Plan Review process and it was the ZBA’s job to decide if the applicant meets the criteria to grant the Special Exception; per the Zoning Ordinances (Page 8 of the ordinances).
The Board reviewed the Ordinance, noting there is no set amount of frontage required just that there needs to be frontage on Rte. 4. Mr. Russo called for any further discussion. There was none.
MOTION by Mr. Jim Howard to grant the Special Exception to Article III, Sections A, to allow commercial/industrial use when only about half the property is in the commercial/industrial zone and has no frontage on Rte. 4. The lot in question is located at 407 Stage Road, identified as Tax Map 16 Lot 36, and is owned by Jesse Medeiros.
SECOND by Mr. Danais
VOTE 4-Aye: 1- Opposed: 0- Abstained MOTION PASSED
Mr. Bassett opposed the motion, noting that he believes that the commercial area/zone should be expanded, as there are businesses already. Mr. Howard noted that is was in the ordinance that someone could be considered for a special exception so he didn’t think it did. It was noted that expanding of a commercial zone would be under the purview of the Planning Board.
The Board explained the 30 day appeal process to Mr. Farwell and Mr. Medeiros.
Approval of Minutes
October 7, 2008
The Board noted that Mr. Jim Howard was listed as absent but was present.
MOTION by Mr. Morin to approve the minutes of October 7, 2008 as amended
SECOND by Mr. Bassett
VOTE 4-Aye. 0- Opposed – 1-Abstained MOTION PASSED
July 22, 2008
MOTION by Mr. Russo to approve the minutes of July 22, 2008 as written.
SECOND by Mr. Morin
VOTE 3-Aye. 0- Opposed – 2-Abstained MOTION PASSED
The 2 members that abstained from the vote did so because they were not present at the meeting. The Board
briefly discussed code enforcement issues from the past.
Annual Report Letter
The Board reviewed and approved the letter for the 2008 annual report.
Updated forms
Mr. Leib had an interest in revising the current forms. Mr. Leib was not present so the Board tabled this issue.
Possible Joint Meeting with the Planning Board
The Board discussed the response to the letter this Board sent to the Planning Board requesting a joint meeting. The Board would like to discuss the process of which Board an applicant should go to be heard first and possibly developing some kind of policy with them. Mr. Howard wanted a criteria established and/or a policy and procedure for residents/applicants. The Board discussed the procedure among themselves.
It was noted that this Board, is doing a better job at keeping the discussion on the issues that are relative to their duty; does the applicant meet the criteria for the special exception or variance and not getting to bogged down in the details that come under the Planning Board’s jurisdiction. Mr. Morin noted that they are also should be concerned with only the one issue that they are there for.
Proposed 2009 Zoning Ordinances
Mrs. Sears noted the public meeting for the proposed changes is January 7th here at 7pm. Mrs. Sears will mail/email a copy to the Board members. (They are also posted at the town offices)
She noted that they are mostly just “clean up” type issues.
MOTION by Mr. Morin to adjourn the meeting at 8:25pm
SECOND by Mr. Jim Howard
VOTE 5-Aye. 0- Opposed – 0-Abstained MOTION PASSED
Respectfully Submitted,
Lisa L. Sears
Land Use Clerk
These minutes are subject to approval at a regularly scheduled Zoning Board of Adjustment meeting at which time the above minutes are corrected or accepted.
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