Zoning Board of Adjustment

City of Laconia Zoning Board Monday, March 20, 2017 at 7:00 pm City Hall Conference Room 200A Minutes I. Call to Order Chair Steve Bogert called the meeting to order at 7:00 pm. II. Roll Call K. Graham called the roll with the following members present: Gail Ober, Alternate; Roland Maheu, Suzanne Perley, vice chair; Steve Bogert, Chair; Orry Gibbs, and Michael Foote Chair Bogert noted that Assistant Planning Director Brandee Loughlin was present and that a full board was present and a quorum was established. III. Minutes The minutes were distributed via email Feb 27. The Board asked to have hard copy instead. Chair S. Bogert made the motion to accept the minutes from February 21 at the April 17 meeting. M. Foote seconded the motion. The motion passed unanimously 5-0. Alternate G. Ober did not vote. IV. Presentations V. Extension VI. Continued Public Hearings VII. Public Hearings 1. Application # 2017-0001 3160 Parade Road, Mblu # 5-155-2, located in the RR2 & RR1 zone. Request for a variance from Article V, Table 1 of permitted uses. Request variance to establish a retail store. 2. Application # 2017-0002 3160 Parade Road, Mblu #5-155-2, located in the RR2 & RR1 zone. Request for a Special Exception from Article V Table 1, Table of Permitted Uses, to establish a campground. 3. Application # 2017-0003 3160 Parade Road, Mblu #5-155-2, located in the RR2 & RR1 zone. Request for a Special Exception from Article V Table 1, Table of Permitted Uses, to establish a neighborhood store. 4. Application # 2017-0004 3160 Parade Road, Mblu #5-155-2, located in the RR2 & RR1 zone. Request for a Variance from Article V Table 1, Table of Permitted Uses, to establish an eating and drinking establishment. Chair S. Bogert stated that the board will listen to application number PL2017-0002 first because the use of a campground is the base of the rest of the requests. If not approved then the rest are unnecessary. All the applications can be heard at once but will be voted on individually. Applicant: Jill Miller is looking to purchase the reference property. Her overall intent is to open a campground with a camp store and farm stand that would be open to the public. There is presently a house on the 95 acres of property. The majority of the land is wetlands. She is before the Zoning Board for the use Page 1 of 7  City of Laconia Zoning Board Monday, March 20, 2017 at 7:00 pm City Hall Conference Room 200A Minutes of the property and will still need to go to the Planning Board for site plan approval. She would like the campground to have a farm feel with animals on the property, with most of the camp spots in the rear of the property. The entrance would be as close as possible to the existing house as to not impact the property so much. Her goal is to keep as much of the property as is. The applicant stated that she requested a variance for “retail sales” because she wants to have a shop that is larger than 1500 square feet. Anything under 1500 square feet can be considered a “neighborhood store” per the Zoning Ordinance definitions. She also applied for a special exception for the “neighborhood store” use in the case that she was not granted a variance for retail sales. If anything is made and consumed on site it becomes an eating and drinking place. She does not want a full blown restaurant; mostly picnic tables outside a few tables inside. She doesn’t want to impact the land and does have concern about not impacting the abutting properties. The existing driveway is too close to the neighbor and that is the reason for moving it. Chair S. Bogert asked how many sites she is looking at and she wasn’t sure until she gets on the site. The Board will need that information to determine if the character of area will be compromised. She understands and doesn’t want to inundate the area. She would need to put her own sewer system on the property. The campground would be open from Spring to Sept. She would like have RVs in one spot and give them the option to store them on site for the winter. She is not planning on having a lot of campers, and would like them in the middle of the property. G. Ober asked about restrictions for the campers because her concern is that it will turn into an RV park. J. Miller will put restrictions on what the campsites can and can’t have. She doesn’t want them to be permanent and on the site. She has no intension on plowing the access in the winter. M. Foote asked about how many RVs she was thinking and was told about 100 RVs. G. Ober noted that White Oaks RV park started as a campground. R. Maheu asked how many tent sites and was told it depends on how many can fit. The State determines so many sq ft per site. J. Miller would like to keep it a campground with RVs and tents and believes most of the details would be made at the Planning Board level. Abutters: Deb Cheney of 61 Pickerel Pond Road spoke. She noted that the City has approached her about buying the conservation easements she has on her property. She is offended by the fact that the agricultural aspect of the land is dismissed by the applicant. The sewer on site hasn’t been addressed or how she will prevent campers form going on abutting properties. This will be an intense impact on city services. A concern is motorcycle week and the need for the Police to be out there. D. Cheney hopes the Board will take into account those that live there. She has concern about the wetlands not being disturbed as well. Atty. Mike Persson representing the abutter, Peter and Sharon Spanos of 3125 Parade Road spoke. He handed out some paperwork for the Board to look at. He spoke only about the campground use. The applicant has not met her burden on 4 the 8 findings. Safety has not been taken into consideration. The property drive, from the curve, is less than 400 ft. The speed limit there is 50 mph and stopping at that speed takes about 450 ft. The parcel has limited frontage and there is not a lot of places for the driveway to go. Without plans, there is no way to see what the scope of the campground will be. That is a key factor in a decision. If there are 100 RVs in addition to tents, trying to get into the site on a busy weekend will cause traffic congestions on Parade Road. The Master Plan did not intend this kind of use. Conditions can be placed on a special exception. Atty. Persson named a few conditions that should be placed: there should be a limit on the number of sites, he proposed an amount of 30, the sewer system will cause fumes and odor so a condition would be to put it far from abutters, prohibition of playing live music, prohibition on outdoor sound equipment, restriction on height and size, the size and location of the check-in building should be Page 2 of 7  City of Laconia Zoning Board Monday, March 20, 2017 at 7:00 pm City Hall Conference Room 200A Minutes looked at so the line won’t affect Parade Road, prohibition on size and lighting of any signs and require a barrier to the abutting properties. One last condition could be to keep the scenic nature of the site. Dan Hayduck of Windsong Place (Meredith) spoke. He asked if the property was in current use. His concern is about keeping the integrity of the wetland and wildlife. The land slopes to the wetland and is in an Oak and Pine forest that in the summer is very dry. He is concerned about open fires near a mostly dry forest and possible damage that could be caused. Brian Paterson of 203 Pickerel Pond Road spoke. He owns the property on the pond and wondered whether people would be going through his property to get to the pond or taking wood off his property for the campfires. He said there are fragile trails in the area. Chair S. Bogert asked what kind of trails these were and was told used for hiking but they have been used by ATVs in the past. G. Ober suggested a condition to require no motor vehicles in the campground. B. Paterson stated that his property is not posted, but if this proposal was approved, he would post it. Mark Beaudoin of 97 Windsong Place spoke. The paths discussed are extensive and make it easy to access the area. The area used to be all snowmobile trails that are not used anymore. There is nothing to stop people from being on them. Bob Gage of 3 Windsong Place spoke. His concern was Pickerel Pond. There are few boats out there with one to two horsepower in the summer and few people ice fishing in the winter. If people follow the trails to the pond, that could lead to trouble and the pond turning into the lake. Steve Hubett of Meredith had concerns about the air quality with the campfires. The campgrounds on 104 are smog. Abutters will need to deal with that and asked who will monitor that. Sharon Spanos spoke. They are across the street from the applicant. The area is residential rural and she feels a campground would not be appropriate in the area. Campers are easily able to cross property lines. She asked the Board to really consider this proposal. She is not opposing camping just not in this neighborhood. April Costa of 3196 Parade Road spoke. She is right next door to the property. They moved a year ago because of the semi ruralness of the area. Parade Road is extremely busy. In the summer, just to get out of the drive is a hazard. She can’t imagine someone with an RV will have enough time to break. If this is approved, she sees an increase of accidents for the future. Her concern is the noise with campers. She doesn’t want to worry about privacy in her own yard. She wonders where the animals will be housed and had concern regarding the odor. G. Ober noted that agriculture is an allowed use. Kathy Higgins of 3004 Parade Road spoke. Her concern is where the campers will be and that no matter what the regulations are, there are still people that don’t follow rules. She has replaced her mailbox 4 times and had many cars in her ditch. She does not want this in her backyard. Dennis Franciosi of 2938 Parade Road spoke. His main concern is traffic. He has a motorhome and on the turn and it is dangerous for him to be able to swing into his driveway. He can’t imagine a big RV pulling into the entrance without issue. He also had concern with bike week. He is about half mile from the abutter and has an artisan well that almost dried up this past summer. The concern is what the campground would do Page 3 of 7  City of Laconia Zoning Board Monday, March 20, 2017 at 7:00 pm City Hall Conference Room 200A Minutes to surrounding wells. He said there are 10 campgrounds within 5 miles from his house and does not wish this in his back yard. Paul Delfery a Pickerel Pond abutter was at the meeting to learn more about the application. Bruce Cheney of 61 Pickerel Pond spoke. There are a lot of game in the area, dear, moose, coyote and he is concerned on the effect of wildlife. He feels this is not a neighborhood for a campground. People move to the rural areas for the quiet. If this gets approved the first thing he would do is post his property. Dave Wilet of Pickerel Pond spoke. He purchased in the 1980s because of how the area was zoned. Pickerel Pond Road was a town maintained road and is now considered an emergency lane, meaning minimal maintenance will be done. He brought up the fact that the Weirs is a big draw and there will be people that will go to the Weirs but Rollercoaster Road does not have sidewalks and thinks people will be in the road. Brian Petrini of 3212 Parade Road spoke. He has been there for three years. They lost a dog recently form the speed of Parade Road drivers and has seen many other wildlife killed in that area. There have been countless accidents as well. Bike week traffic increases those numbers. He feels if this is approved we are just asking for more accidents. With limited site distance comes big bright signs. 100 RVs results in more than 100 people. He can hear the music from the Weirs now and feels a campground will add to the noise. He doesn’t post his property and will do so if approved. He would like the board to really think about this. Cheryl Bonner of 435 Rollercoaster Road spoke to the agricultural aspect. She wonders where the animals would go if the applicant isn’t around in the winter. She lives next to a farm and deals with animals getting loose. She is not happy about motorcycle week but deals with it, adding traffic will cause more accidents. Steve Roberts wondered how the proposal will affect surrounding property values. Dan Petrini is concerned with the wetland pollution and poison by incorrect use of area. He feels that before any approval is done there should be a wetland study done. Chair S. Bogert closed the public hearing at 8:17 pm. Chair S. Bogert asked the applicant to come forward again. He would really like to see a site plan. He is at an impass because the intensity of the use can’t be answered without knowing how many camp sites there will be. Character of neighborhood and quality of life is what the Zoning Board is supposed to protect and the proposal shouldn’t have an adverse effect for the neighborhood. The board needs to know about how the function of the lot will be. J. Miller understands, that is why she has been asking questions prior to buying the property and not blindly coming before the board. The property was used a sawmill for the past 50 years and has seen lot of big trucks in and out of the site. She would like to put the campsites in the interior of the property. She is also looking to put some kind of boundary for the campers to not go onto abutting property and is willing to do whatever is needed. S. Perley agrees with Chair S. Bogert because there is so much proposed, the board can’t grasp it without a plan. Chair S. Bogert would like a preliminary site plan showing how this proposal is possible. Without knowing how it will be put together, it’s hard to know what the affects would be. Chair S. Bogert wants the applicant to come back with the necessary information for next meeting. Page 4 of 7  City of Laconia Zoning Board Monday, March 20, 2017 at 7:00 pm City Hall Conference Room 200A Minutes Motion to continue the application to April 17 made by Chair S. Bogert, R. Maheu seconded. The motion passed with all in favor 5-0. The board took a few minutes for the abutters to leave the room. 2. Application 2017-0006 94 Washington Street, Mblu # 351-232-44, located in the RG zone. Request for a variance from Article XI. Request variance to demolish shed and construct 2 car garage Applicant: Joseph Cherry spoke. The applicant is requesting to demolish a shed on the side of his property and put up a 2 car garage where the shed was. The shed is 10 x 12 or 14 and the garage would be 20 x 24. The intension is to tear down and use the existing footprint but adding into the property. There is no other place to put a garage on the property. G. Ober asked if the green space would still be ok and Assistant Director Loughlin said the area is for 60% so it should be ok. J. Cherry continued and stated they would utilize the existing driveway as it already goes to the shed. G. Ober asked if he would be paving, and in the future they might, it is currently gravel. The property was subdivided 7 years ago. The proposal would not meet the rear setback. The other side of the house slopes and closer to house wouldn’t work because there is a deck. The only other spot would be in the back of the lot and that would require a longer drive that would affect the green space. S. Perley asked if there would be an upstairs to the garage and was told the pitch would match the house of a 12’ pitch. There would be space above the garage but the intent is to move the items in the shed now up there for storage and the cars in the garage. There would be no living quarters and used as storage only. The garage door would be one wide one. J. Cherry mentioned that if he turned the garage it would still have a rear setback issue. Margaret Ford of 42 School Street spoke. She is the neighbor thinks this is a great idea. The only concern is that she has a fence that is two feet in from her property line and would like that not be encroached on. Chair S. Bogert closed the public hearing at 8:45 pm. Joe cherry would like to clarify that the side and rear setback will not be changing. The building will be 7 feet from the abutting fence. S. Perley is fine with the request. M. Foote and O. Gibbs feels the request reasonable. Motion to approve the application for variance to demolish a 10 x 14 shed and construct a 20 x 24 ft garage with an encroachment into the rear setback. The variance will not be contrary to the public interest. The spirit of the ordinance is observed as the use of a garage is generally accepted. The garage is normal structure in a residential neighborhood. Substantial justice is done as is it not unduly affecting the composition of the neighborhood. The value of surrounding properties are not diminished, the use is consistent with the neighborhood. A garage doesn’t change the character of the neighborhood. Surrounding properties will not be affected. The hardship is the existing house was built prior to zoning and setbacks Page 5 of 7  City of Laconia Zoning Board Monday, March 20, 2017 at 7:00 pm City Hall Conference Room 200A Minutes came into place after and causes restraint. Approve with stipulation that the second story is used only for cold storage made by S. Perley, M. Foote seconded. There was no discussion, the motion passed with all in favor 5-0. 3. Application # 2017-0007 92 Pine Street, Mblu # 443-184-75, located in the RG zone. Request for a special exception for use as a neighborhood store Applicant: Chirs VanLenten spoke. He is leasing the property and would like to open a discount grocery/convenience store. The previous market closed about three years ago. He would only sell general merchandise and groceries. There will be no alcohol or cigarettes. No food will be prepared, it will only be non-perishable goods along with milk, eggs and cheese and bread from the coolers. The existing parking is fine and no extra parking is needed. There are 10 to 12 spaces. G. Ober stated that there has always been a store there. Chris Forseecord of Houston Housing at 63 Pine Street is for the market and thinks it will be fantastic for the area. Sam Burg of 63 Pine Street asked that no e-cigarettes be sold either. Chair S. Bogert is not sure if ZBA can control that what is sold in the store, only that it be approved or disapproved as a market. Chair S. Bogert closed the public hearing at 8:52 pm G. Ober said in tradition the property has always been a market. The applicant added that nothing is upstairs and it will stay that way. Assistant Director Loughlin mentioned that the applicant will need to do an administrative change of use through the Planning office. S. Perley added that the history of the site is a market. Motion to approve the special exception to operate as market like in the past. The use is specifically authorized by the Zoning Ordinance. Being the use has been previously been a market, the requested use will not overload any public water, drainage or sewer system or any other municipal system, nor will there be any significant increase in storm water runoff on to adjacent property or streets. The requested use will not create excessive demand for municipal police, fire protection, schools or solid waste disposal services. Any special provisions for the use as set forth in this chapter are fulfilled. The requested use will not create hazards to the health, safety, or general welfare of the public, not be detrimental to the use of or out of character with the adjacent neighborhood. The proposed location is appropriate for the requested use and the requested use is consistent with the spirit and intent of the zoning ordinance and Master Plan, with an added condition that no living space be provided on the property made by M. Foote, R. Maheu seconded. There was no discussion, the motion passed with all in favor 5-0. VIII. Other Business Page 6 of 7  City of Laconia Zoning Board Monday, March 20, 2017 at 7:00 pm City Hall Conference Room 200A Minutes There was a discussion regarding the deck from last month if there had been an appeal. Assistant Director Loughlin hadn’t heard anything. IX. Adjournment Motion to adjourn made by R. Maheu, M. Foote seconded. There was no discussion, the motion passed with all in favor 5-0. The meeting adjourned at 9:00 pm. Respectfully, K. Graham` Page 7 of 7