Zoning Board of Adjustment
Meeting Minutes
May 12, 2003
Members present: Michael A. Methe; Chairman, Jane Roberts, Coni Porter; Alternate and Gerald D. Neiman; Alternate
Members absent: Daniel Baker, Edwin Mattson and Kerry Gagne
Chairman Methe opened the meeting at 7:30 p.m.
6:30 p.m. Site Walk scheduled for Case #03-03 and Case #03-04 listed below.
Public Hearing – Continued from April 28, 2003
Chairman Methe reopened the public hearing that was continued from April 28, 2003 at 7:31 p.m. and noted that there are two applications before the Board. The Board just returned from a site walk that they conducted on the property listed in these applications. The Board agreed to go over the application for the Special Exception first, which is for a specific use of the land.
The applicant’s parents, James and Lois Burroughs were present this evening to answer any questions that the Board may have regarding these applications.
7:30 p.m. Case #03-03: Erik Burroughs requests a Variance from Article III: Section 127-9 (A) to allow a residence with attached office for proposed greenhouse business on property known as Tax Map 12; Lot 7-2. This property is located on the Easterly side of Rt. 12 South and is in the General Industrial District. – Chairman Methe reopened this Public Hearing at 7:40 p.m. and read the case title aloud.
Chairman Methe asked the Board members if they had questions regarding this application. Mr. Neiman asked if this property was in a floodplain. After reviewing a couple of maps it was determined that this parcel is not in the Floodplain Overlay District.
Coni Porter asked about the existing road at this site, and if it was on the property they are purchasing. Mr. & Mrs. Burroughs said that it is not on the parcel they are purchasing, although it was created to be a shared driveway when this subdivision was approved. Mr. Burroughs explained that he put the two red tipped stakes in to indicate where they would put their driveway. Mr. Methe asked if they were not going to share the road that has been started and Mr. Burroughs said that he would open it up in due time. Mrs. Burroughs noted that in the purchase agreement it states that there is a 25’ wide shared road with shared maintenance. She added that this road has been approved by the State of New Hampshire. Mr. Neiman clarified that the driveway would be 25’ wide to which Mr. Burroughs
said that was correct and it would go in about 150’ and split off. Coni noted that it doesn’t do this now and Mr. Burroughs said that was correct. Mr. Methe noted that Rt. 12 is a limited access highway.
There was some discussion about the two stakes and the row of pink flags that the Board members observed, and what exactly they meant. The stake located in front of the tree with the pink flag is the starting point of where Mr. Burroughs measured 12 ½ ft. to the right. From this same stake, the shared driveway would also go 12 ½ ft. to the left. Mr. Methe noted that the stake in front of the flagged tree is the center line. Mrs. Burroughs said that the survey and deeds show that 25’ is to be a shared driveway. Mr. Neiman said that it doesn’t necessarily mean that; it means that there is a driveway and it is to be shared, whether it is on one person’s property or shared between both parcels, unless perhaps what Mr. and Mrs. Burroughs are explaining is what the intent
really was. Mr. Burroughs explained that the survey map shows the line for the driveway right dead center and the pin going to the right is exactly how it is shown on the deed and survey. Mr. Neiman clarified that the two stakes put in by Mr. Burroughs were on their property, the South side. Mr. Burroughs said that was correct. Coni Porter noted that survey wise, they have marked the driveway out to be 12 ½ ft. on each property owners’ side.
Chairman Methe asked if there were any further question to which there were none. The Board proceeded to the mandatory findings for issuing a variance and reviewed each of these following conditions that need to be present to grant the variance:
1. No diminution in the value of surrounding properties would be suffered -
Mr. Neiman stated that he thinks that the improvement being suggested by the applicant would more than likely improve the value of the land and thereby the surroundings. The Board agreed unanimously.
2. Granting the variance would be of benefit to the public interest –
Coni Porter stated that taxes on the property would increase and be paid, which is a public interest, and there would be no harm done, there are no chemicals and it is a clean industry. The Board agreed unanimously.
3. Denial of the variance would result in unnecessary hardship to the owner seeking it –
Mr. Neiman stated that the testimony presented indicated that the applicant would not be able to proceed with this business plan without granting this, and that, he feels meets the requirement of the language which reads “unnecessary hardship to the owner”. The Board agreed unanimously.
4. By granting the variance, substantial justice would be done -
The Board unanimously agreed that substantial justice would be done by granting this.
5. The granting of the variance would not be contrary to the spirit of this chapter -
The Board agreed unanimously that they do not feel that granting this would be contrary to the spirit of this chapter.
Gerald Neiman moved that the Board approve application #03-03 for Erik Burroughs and grant the variance for property known as Tax Map 12; Lot 7-2. Jane Roberts seconded. The motion passed unanimously.
Mr. and Mrs. Burroughs thanked the Board for their consideration. The Board thanked Mr. and Mrs. Burroughs for making two trips out here.
7:55 p.m. Case #03-04: Erik Burroughs requests a Special Exception from Article III: Section 127-8 (A) to allow agricultural use on property located in the General Industrial District. This property is known as Tax Map 12; Lot 7-2 and is located on the Easterly side of Rt. 12 South. – Chairman Methe reopened the public hearing at 7:31 p.m. and read this case title aloud. Chairman Methe asked the Board members if they had any questions regarding this application.
Chairman Methe said that they previously discussed a worm farm and he doesn’t see this mentioned in the application so he wanted this to be put in the record in the event that it came up at a later time. Coni Porter asked what a worm farm entails. Mrs. Burroughs said that it is basically a greenhouse with a lot of dirt in it and Mr. Burroughs explained this a little further and said that there are boxes with dirt in them, and they put eggshells the size of the cocoons in there for them to reproduce. They use eggshells, coffee grounds, wood chips, etc. The dirt can be used later for the flower business. Coni clarified that in essence, there is a series of bins with different stages of worms and Mr. Burroughs said that was correct. Mr. Methe asked if this was for the fishing industry and Mr. Burroughs
said that it was, and they have already contracted this out to a company.
Chairman Methe closed this continued public hearing at 7:35 p.m. and the Board proceeded to review the mandatory findings. The proposed use:
1. Is in harmony with the purpose and intent of this chapter –
The Board agreed unanimously that the agricultural use requested is in harmony with the purpose and intent of this chapter.
2. Will not be detrimental or injurious to the neighborhood in which it is to take place –
Mr. Neiman noted that the neighborhood is Rt. 12, there is no housing, and it is for General Industrial use. Mr. Neiman added that there is no current use of the land so he does not feel that this would be injurious to the neighborhood. The Board agreed unanimously.
3. Is appropriate for the site in question –
Mr. Neiman noted that there would be greenhouses here, the land is flat, and it is near the road. Mr. Neiman added that to the extent of the area that the Board viewed, there are no wetlands and he would agree that this proposal is appropriate for this site. The Board agreed unanimously.
4. Complies with all applicable requirements of this chapter –
Mr. Neiman said that he feels that this complies to the extent that the land use has certain setback requirements, of which the Board is not being asked to waive any of those, and to the extent that the use is in harmony with Fitzwilliam’s zoning regulations and Master Plan. Mr. Methe said that he feels that this complies with the applicable requirements for the same reasons and noted that other issues involved in this application fall under other Town Board’s. Coni Porter clarified that the setbacks are from Rt. 12 and any boundary line, and they are not being asked to adjust any of these.
5. With respect to dimensional requirements establishes that there exist special conditions that make the meeting of these requirements unduly burdensome –
The Board agreed unanimously that this finding is not applicable to this application.
Chairman Methe stated that this concludes the application for a Special Exception which is granted.
Gerald Neiman moved to approve Erik Burroughs’s application for a Special Exception to allow an agricultural use on property known as Tax Map 12; Lot 7-2 in the General Industrial District. Jane Roberts seconded. A unanimous vote in favor of the motion was taken.
Administrative Work
*** Review and approve February 20, 2003 meeting minutes – Gerald Neiman moved to accept the minutes of February 20, 2003 as written. Jane Roberts seconded. Coni Porter abstained from the vote and a vote of 3 in favor and no one opposing was taken.
*** Review and approve April 28, 2003 meeting minutes – Jane Roberts referred the Board to page 4, the second paragraph near the top and asked if the age of a person considered to be elderly by the VA is 15 or if this was a typo. Coni Porter stated that this was said in a response to a question that she asked and she thought that Ms. Lightfoot said 15. Margo said that she thought she heard that also. The Board asked Margo to obtain clarification from Ms. Lightfoot about this. Gerald Neiman moved passage of the minutes with the exception of the above noted item. Jane Roberts seconded. A unanimous vote in favor of the motion was taken.
Board Business
*** Election of Officers - Postponed
*** Discuss increasing alternate members and meeting schedule - Postponed
Correspondence
*** Notice of Decision issued by the Planning Board (April) - Reviewed
*** “Achieving Smart Growth” Regional Workshops being offered by the Office of State Planning - Various dates/locations in May and June - Reviewed
Gerald Neiman moved to adjourn at 7:53 p.m. Coni Porter seconded. A unanimous vote in favor of the motion was taken.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use
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