Zoning Board of Adjustment

CITY OF LACONIA ZONING BOARD OF ADJUSTMENT NOTICE OF PUBLIC HEARING Monday, December 18, 2017 - 7:00 PM Conference Room 200A Accepted 1/16/2018 12/18/2017 - Minutes 1. CALL TO ORDER Chair: S. Perley: Calls the meeting to order at 7:00 PM 2. ROLL CALL R. Mora: Conducts roll call with the following present: Roland Maheu, Orry Gibbs, and Suzanne Perley. The following were not present: Mike Foote and Steve Bogert. 3. RECORDING SECRETARY Robert Mora is the recording secretary. 4. STAFF IN ATTENDANCE Dean Trefethen, Planning Director 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS Chair: S. Perley: States that application ZO2017-0028 for 145 Daisy Gardner Road and application ZO2017- 0032 for Mountain Lake Village will not be heard this evening as they wish to present in front of a full board. The meeting will be on January 16, 2018. 5.I. Acceptance Of Minutes From November 17, 2017 (PDF) R. Maheu: Motions to accept minutes as presented. O. Gibbs: Seconds motion. All voted in favor: 3:0 6. EXTENSIONS No extensions 7. CONTINUED PUBLIC HEARINGS, CONSIDERATION AND POSSIBLE VOTE Note: The Purpose Of This Agenda Section Is For The Board To Continue The Public Hearing For The Applicant And The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. No continued Public Hearings 8. PUBLIC HEARINGS, POSSIBLE CONSIDERATION AND VOTE Note: The Purpose Of This Agenda Section Is For The Board To Have A Presentation From The Applicant And Open A Public Hearing For The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. 8.I. 7:00 PM ZO2017-0025 - 423 South Main St Variance (PDF) Chair: S. Perley: Asks applicant if they wish to proceed with the application with the smaller board. Agent: Steve Smith: States that they would like to proceed. 8.I. 7:00 PM ZO2017-0025 - 423 South Main St Variance (PDF) Chair: S. Perley: Asks applicant if they wish to proceed with the application with the smaller board. Agent: Steve Smith: States that they would like to proceed. Agent: Steve Smith: Presents 423 S. Main Street Application. Describes the nature of the project and goes over the size of the lot describing the lot and use that they have planned for the development. Also describes the history of the building and the land that they are proposing to develop. They would like to create 16 unit residences on the lot for eligible senior citizens aged 62 and older. Continuing on describing explaining they need the variance for density and that if they were to put residences for families in the development they could have 9 units and there would be a greater use and demand on the property, and that by having 16 units for qualified senior citizens the demand on resources would be less. Also they would like to change the exterior of the building to make it more attractive while bringing the building up to the current standards. Agent explains that there proposed use would be less than what is currently allowed under the current zoning ordinance, and that parking is an issue on the lot and that any use on the lot would not have sufficient parking. S. Perley: Asks if this is restricted to just qualified senior citizens? Richard Weaver: States that is correct that it would be for qualified senior citizens only. Also continues on and describes the services that would be provided to the housing. S. Perley: Asks if any services will be provided on site. Richard Weaver: States that they would be independent living units and they could travel to Sunrise Towers for any services they need. R. Maheu: Asks for clarification on the income level. Richard Weaver: States that it would be for Medicaid recipients. Counsel: Daniel Luker: Explains the variance that they are asking for, continues to explain the reason why they are asking for the variance and the need for senior housing. Continues to explain that they are trying to develop housing to keep seniors able to live on their own with dignity. Also explains the standards of the variance to the board, and how they meet the requirements of the variance. Agent: Steve Smith: Adds that they will also be increasing green space on the lot. Also that there is limited parking, and they have added some design changes to the parking lot to allow for emergency response vehicles to access the lot. Chair: S. Perley: Opens application to the Public at 7:25 PM No one from the Public wished to speak for or against the application. Chair: S. Perley: Closes the application to the Public at 7:26 PM Board Discussion: Board states that they really have no issues with the proposal and that the presentation was very informative. O. Gibbs: Motions to approve the application with the following conditions: (1) The variance will not be contrary to the public interest; As it creates much needed houses for eligible senior citizens in the area. (2) The spirit of the ordinance is observed; AND The property usage will be less intense than previously used and will not alter the character of the neighborhood. (3) Substantial justice is done; AND Improves the current commercial building and creates much needed housing for some of the elderly in the area. (4) The value of surrounding properties are not diminished; AND  (2) The spirit of the ordinance is observed; AND The property usage will be less intense than previously used and will not alter the character of the neighborhood. (3) Substantial justice is done; AND Improves the current commercial building and creates much needed housing for some of the elderly in the area. (4) The value of surrounding properties are not diminished; AND The value of the surrounding properties would be increased, and the building would be improved and the use would be less intense than other uses that the property could be used for. (5) Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship. Parking is insufficient for any other use and if the property was to be used as traditional apartments it could create and more intense use than the requested use by the applicant. R. Maheu: Seconds motions. All voted in favor of the application 3-0 8.II. 7:00 PM ZO2017-0026 - 21 Morris Ave Variance (PDF) Chair: S. Perley: Explains to applicant that there are only three board members present this evening and if one member votes against the application then the application will not pass and that if the applicant would like they can move their application to January 2018. Agent: Lorenzo Trombetta: States that they would like to move to the following meeting in January. 8.III. 7:00 PM ZO2017-0028 - 145 Daisy Gardner Road Variance/Equitable Waiver (PDF) Application was deferred until January 16, 2018 Zoning Board of Adjustment Meeting 8.IV. 7:00 PM ZO2017-0032 - Mountain Lake Village Variance (PDF) Application was deferred until January 16, 2018 Zoning Board of Adjustment Meeting 9. OTHER BUSINESS 9.I. 7:00 PM ZO2016-0015 - 98 Paugus Park Road Rehearing Request (PDF) Chair: S. Perley: States that they will discuss the rehearing request for ZO2016-0015 and it will not be open to the public for any questions and or comments. Planning Director: Dean Trefethen: Explains to the board the brief history of application ZO2016-0015, continuing on explaining the rehearing process that has gone on with this application. That the court has sent the application back to the Zoning Board of Adjustment for rehearing. Board Discussion: Board discusses that they see no new information presented in re-hearing request. They continue on that they see no reason why they would change any decision or any new information presented. If this was to be reheard it would be the same information. S. Perley: Motions to deny rehearing of Application ZO2016-0015 O. Gibbs: Seconds motion to deny rehearing of Application ZO2016-0015 All voted in favor to deny the rehearing request 3-0. 10. ADJOURNMENT Chair: S. Perley: Motions to adjourn. O. Gibbs: Seconds motion All voted in favor: 3-0 Chair: S. Perley: Motions to adjourn. O. Gibbs: Seconds motion All voted in favor: 3-0 Meeting adjourned at 7:39 PM Minutes respectfully submitted by: Robert Mora Zoning Technician