Zoning Board of Adjustment

City of Laconia Zoning Board of Adjustment Monday, August 20, 2018 - 7:00 PM City Hall Conference Room 200A Accepted 9/17/2018 8/20/2018 - Minutes 1. CALL TO ORDER Chair: S. Bogert: Calls the meeting to order at 7:02 PM 2. ROLL CALL R. Mora: Conducts roll call with the following present: Roland Mahue, Suzanne Perley, Orry Gibbs, Mike Foote, and Steve Bogert. Not present: Mike DellaVecchia. Chair: S. Bogert: States that there is a quorum and they will proceed forward with the meeting. Mike DellaVecchia arrives at 7:06 PM 3. RECORDING SECRETARY Robert Mora, Zoning Technician 4. STAFF IN ATTENDANCE Brandee Loughlin, Assistant Planning Director 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS Chair: S. Bogert: Asks if every has had a chance to review the minutes from last month and if any changes are requested? O. Gibbs: Motions to accepted the minutes as presented. R. Mahue: Seconds motion. All voted in favor to accept the minutes as presented 5-0. 6. EXTENSIONS Chair: S. Bogert: Explains that they will open all of the extensions at the same time and allow the applicant to explain all of the applications and then the board will vote on them all individually. Applicant: Chris Duprey: States that he apologizes that he was unable to make the last Zoning Board meeting. Explains that in the application package it details all of the extensions and that he has been coming to the board for a continuation of these applications as they continue to develop with the project. Also that his next step is to go to the Planning Board and ask for an extension. Discusses current status of construction and development of projects that are taking place in Awka Vista. S. Perley: Validates with the applicant that the extensions would be thru December 31, 2018.  Board discusses how many extension requests there are. 6.I. 664 Scenic Road Extension Request For ZO2009-0027 Chair: S. Bogert: Opened application at 7:05 PM S. Perley: Makes a motion to approve the extension for a Special Exception for six months expiring December 31, 2018. R. Mahue: Second motion. All voted in favor 5-0 6.II. 63-99 Fletcher Lane Extension Request For ZO2009-0029 And ZO2012-0010 Chair: S. Bogert: Opened application at 7:05 PM S. Perley: Makes a motion to approve ZO2009-0029 for a Special Exemption until December 31, 2018. M. Foote: Second motion. All voted in favor 5-0 6.III. 63-99 Fletcher Lane Extension Request ZO2009-0030 Chair: S. Bogert: Opened application at 7:05 PM O. Gibbs: Makes a motion to approve ZO2009-030 for an area variance for six months until December 31, 2018. S. Perley: Second motions. All voted in favor 5-0 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. 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. ZO2018-0012 - 903 Union Ave - MSL #350-220-46 (PDF) O. Gibbs: Recuses herself from the board. Chair: S. Bogert: States at O. Gibbs has recused herself from the board for this application and that M. DellaVecchia will be a voting member of the board for this application. Applicant: Philip Brouillard: Explains that he is here for a variance for the driveway to have two drive ways within 50 feet of each other and 50 feet from the intersection. States that he has provided the board with pictures of other businesses that have similar driveways that have not received a variance for having the driveways within 50 feet of each other. Explains the history of the property and that once there was a residential unit on the lot and he was forced to take that property down due to it being old and uninsulated. That he was looking for a project to develop, in that location and decided that he was going to do indoor boat storage. While submitting his application to the Planning Board and going to the first TRC meeting it was discovered that he required a variance for the driveways, which brings him to the Zoning Board. Emphasizes to the board that he is not here for the permission for the board for the use of the property or the building since that is being done at Planning Board but is here for driveways and how close they will be together and how far it will be from the point of intersection. Continues on by reading through variance criteria from submitted variance. Presents pictures to the Zoning Board of Adjustment and describes other properties that have similar driveways to what he is proposing. M. Foote: Asks how much less than 50 feet are the driveways in the presented pictures? Applicant: Philip Brouillard: States that they vary in range from 5-10 to 15-30. Continues with presenting pictures. Lastly, goes over his plan for the development and where the driveway would be. S. Perley: States that the plans are very small and she does not see where the driveways are outlined. Applicant: Philip Brouillard: Explains where the site plan is in her packet and that the plans illustrates where the driveways are. S. Perley: Asks if that entire paved area is the driveways. Applicant: Philip Brouillard: Explains that one of them will be the entrance and one will be the exit. S. Perley: Asks with all of this construction do you meet your green space requirements. B. Loughlin: States that pervious pavement does not count against green-space as it allows water to flow through it. M. Foote: Asks how far apart the driveways will be from each other. Applicant: Philip Brouillard: They will be close about in the 30's and 40's, that it depends on what Public Works wants to do. S. Perley: States that the board has a letter from Public Works saying that they shouldn't approve this. B. Loughlin: Explains that DPW does not support the plan that was submitted with the TRC submission and would like a plan with a single entrance and a single exit. Chair: S. Bogert: Asks if there is any property on Union Ave that actually meets code? B. Loughlin: States that some of the new developments might. Though the majority of the projects that have been there might not meet the standards. Board and Applicant: Discuss which properties plausibly do not meet the Zoning guidelines. That Public Works and not previously questioned this issue before and many of these lots are very old. Also discuss the history of properties along Union Ave. R. Mahue: States that he think the Public Works Director is very specific about denying this variance. Chair: S. Bogert: Discusses the letter from Public Works and describes what he believes the Director is looking for. Board and Applicant: Discuss what has been driving this variance, further plan development upon passage of a variance, and working with Public Works. Also discuss that the new plan would have to be something with a single entrance and a single exit. Chair: S. Bogert: Opens the application to the public at 7:36 PM Abutter: Linda Perkins: 17 Perkins Street: Explains that she is concerned about the project and the safety aspect of being able to pull out on Walnut St. Also expresses concern over the entire project. Abutter: Thomas Brown: 28 Harrison St: Tells a story of a plow truck that came down Walnut Street about 55 years ago that struck a car and killed a person. Expresses his concerns over the project. No one else from the public wished for speak for or against this application and it is now being brought back to the board for discussion. Applicant: Philip Brouillard: Explains that there will be no development on Walnut Street, and that there is a turn lane in front of the property. Chair: S. Bogert: Asks about vegetation that is one the property and what will be kept. Also if there is a possibility of reducing the vegetation that is against Walnut Street to allow for better visibility for drivers coming down the road. Applicant: Philip Brouillard: States that much of the vegetation is going to be kept as a buffer if the board would like he can remove some of the vegetation against Walnut Street so there is a better line of sight for vehicles coming down the road. M. DellaVecchia: Asks about options for one driveway. Applicant: Philip Brouillard: States that it really isn't possible for this type of project. M. Foote: Asks how many stories this building is going to be. Applicant: Philip Brouillard: Explains some of the dimensions of the building. S. Perley: Asks what size boats will be stored in the facility. Applicant: Philip Brouillard: States that this is really more designed for more expensive 30 foot boats however there will be some areas where larger boats will be allowed. That this is mostly for those higher end boats that need to be stored in a climate controlled environment. S. Perley: Asks if there are concerns with being able to maneuver trailers around on the lot? Applicant: Philip Brouillard: States that is why they need to have the two driveways. R. Mahue: Asks how many boats will be stored on the lot. Applicant: Philip Brouillard: States that he believes it should be about 75 boats. S. Perley: Asks how many stories. Applicant: Philip Brouillard: States that it is about 52 feet high however, the back wall will only be about 40 feet. That it will be sloping back.  Chair: S. Bogert: Closes the application to the public at 7:40 PM Board Discussion: Board discusses that they would like to see more details of how this will look when it is finalized however understand that this is really going to be at the mercy of Public Works and the Planning Board if it is approved by the Zoning Board of Adjustment. Also discuss that many of the other locations around Union Ave also have driveways that are within 50 feet of each other and 50 feet of an intersection. Continuing on that the use as presented is far less than something like a coffee shop that is going to have a lot more traffic and create congestion. Chair: S. Bogert: Asks the board if he may open the application back up to the public to ask the Applicant another question. S. Perley: Asks what would you like to ask. Chair: S. Bogert: States that he would like to know if this is going to be valet boat storage so that the impact can better be determined. Chair: S. Bogert: Opens the application to the public at 7:50 PM Applicant: Philip Brouillard: States that it will not be valet storage and that it should really only be used about two times during the year in the fall when people are putting their boats into storage and in the spring when people are taking the boats out. Chair: S. Bogert: Explains to the board that there is really only going to be an impact to the area those two times a year if there was to be another business there it would be a larger impact to the area. R. Mahue: States that this is the area that is going to be redeveloped as well. S. Perley: Makes a motion approve ZO2018-0012 to allow for two driveway cuts on the property which is to be used as seasonal boat storage only. Granting the variance would not be contrary to the public interest. The sprit of the ordinance is observed. In this case the property is located on Union Ave which is a highly developed commercial area and you are putting a low impact use on the site. The bulk of the traffic would be limited to twice a year in the spring in the fall for the purposes of storing boats only. Substantial justice is done. That the benefit to the applicant is far outweighed by any negative impact to the general public and the use is consistent with the area and the current usage and character. The values of the surrounding properties will not be diminished and literal enforcement of the ordinance would result in an unnecessary hardship. This is a small parcel and there is really no way to access it from Walnut Street so its kind of land locked and the shape of the property. Again it doesn't alter the essential character of the neighborhood or threaten the public health or welfare or surrounding properties. M/ Foote: Second motion. Chair: S. Bogert: Asks to amend the motion and add conditions. The first conditions is that the vegetation along Walnut St and leading up to Union Ave on the property be cut back to an appropriate height so that it improves the visibility of the drivers coming down from Walnut St. So they can see what is coming from the the left side of the road. The second conditions based on DPW's input one of the drive ways will be an entrance and one will be an exit only based on the decision of DPW. All voted in favor with the conditions added 5-0. 8.II. ZO2018-0013 - 21 Timber Lane - MSL #193-363-16 (PDF) O. Gibbs returns to board and M. DellaVecchia is no longer a voting member. Chair: S. Bogert: Opens the application at 7:45 PM Agent: Mike Persson: Explains proposal to add the Accessory Dwelling Unit and presents plans to the Zoning Board of Adjustment and goes over the proposed Accessory Dwelling Unit. Adding that they are meeting all of the requirements as prescribed by the Zoning Board of Adjustment. That the garage is not finished and that they would finish the second floor in the garage to make a unit for the owners parents to reside in during the summer. S. Perley: Asks to confirm size of unit 8,100 SF? Agent: Mike Persson: Explains that the main residence is already 8,100SF and this would be in addition to. Continues on with application and states that the original permit for the house was for 11,0000 SF. S. Perley: States that its fine because the ordinance states that as long as its 25% of the size of the primary residences. Agent: Mike Persson: Continues on that there would be no change in the foot print of the building. Explains that there is enough parking and that they will be able to use the garage for parking. Continues with presentation on this projects meets the spirit of the ordinance and the master plan. R. Mahue: Asks if this is still under construction. Agent: Mike Persson: States that the primary home is still be constructed. R. Mahue: Asks if this is part of the Four Season Condominium Association? Agent: Mike Persson: States that it is part of the association. R. Mahue: Asks if this is allowed by the Four Seasons? Agent: Mike Persson: States that this is allowed. S. Perley: States that usually we get a letter from the Association saying that the project is approved. Agent: Mike Persson: States that was not mentioned in the application that anything was required by the association. Also that there are members of the association present that are going to speak for the proposal. Applicant: Tara Saxton: Explains that they are part of their own association within the larger association and nothing in the documents prohibits it. Chair: S. Bogert: Opens the application to the public at 8:02 PM Abutter: 15 Timber Ln: Vinni Antonucci: Expresses his support for the development and states he does not know of anything in the documents that would prohibit the development. Abutter: 27 Timber Ln: David Day: Expresses his support for the project. Abutter: 27 Timber Ln: Ann Day: Expresses her support for the project. No one else wished for speak for or against the application. Chair: S. Bogert: Closes the application to the public at 8:06 PM and brings it back to the board for discussion.  S. Perley: Asks how many bedrooms will be in the unit. Agent: Mike Pearson: States just two. S. Perley: Asks about parking. Agent: Mike Pearson: States there is a four car garage that they will be able to use one space. Chair: S. Bogert: Asks if there are any closing comments. Agent: Mike Pearson: States just that he believes that it meets all of the criteria and guidelines for the Accessory Dwelling Unit as set forth in the Zoning Ordinance. Chair: S. Bogert: Closes the application to the public at 8:07 PM Board Discussion: Discuss that all Accessory Dwelling Units must come before the Zoning Board of Adjustment. Board discuss whether or not it has to be attached to the main residence. This one is attached so the issue is mute the board states. M. Foote: Asks how the city is looking at AirBNB? B. Loughlin: States that at this moment there is no enabling legislation that allows us to regulate AirBNB. M. Foote: Makes a motion to accept ZO2018-0013- 21 Timber Lane for a Special Exception for an Accessory Dwelling Unit. This is not going to cause undue traffic or put pedestrian traffic at risk. The ADU will not overload and sewage or other municipal service. It will not create excessive demand for police, fire, schools, or waste disposal services. I believe that as laws are written this ADU is in the constraints of what laws are written. Will not create hazard to health safety or general welfare. The proposed location is appropriate use. This is in the spirit of the ordinance and the master plan. R. Mahue: Second motion. All voted in favor 5-0 the motion passed. 9. OTHER BUSINESS Chair: S. Bogert: Asks if there is still any pending litigation against the Zoning Board of Adjustment: B. Loughlin: States she believes there is still a pending court case in regard to a property on Paugus Park Road. Board: Asks if it is concerning an island or a deck? B. Loughlin: States that the island is done and that she believes that it is a deck that is pending litigation. Board: Discusses Accessory Dwelling Units. Chair: S. Bogert: Discusses with the board the procedures of e-mailing and asking for documents from the Planning Department. Board: Discusses proper e-mail procedures and time frames for receiving documents from the Planning Department.  10. ADJOURNMENT R. Mahue: Motions to adjourn. M. Foote: Second motion Meeting Adjourned at 8:18 PM Minutes respectfully submitted by: Robert Mora, Zoning Technician This meeting facility is ADA accessible. Any person with a disability who wishes to attend this public meeting and needs additional accommodations, please contact the department at (603) 527-1264 at least 72 hours in advance so necessary arrangements can be made.