Zoning Board of Adjustment

City of Laconia Zoning Board of Adjustment Monday, March 18, 2024 - 6:30 PM City Hall in the Armand A. Bolduc Council Chamber 3/18/2024 - Minutes 1. CALL TO ORDER Acting chair Mike Foote brought the meeting to order at 6:30PM 2. ROLL CALL The roll call was performed in attendance were, Roland Maheau, Richard Boddie, Jane Laroche, and Mike Foote. 3. RECORDING SECRETARY Scott Pelchat 4. STAFF IN ATTENDANCE Planning Director Rob Mora, Assistant planning Director Tyler Carmichael , Zoning Technician Scott Pelchat. 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 5.I. Minutes The minutes from the February meeting were accepted as written. 6. EXTENSIONS 6.I. ZO2021-0013 Extension The applicants for Watson Woods campground spoke requesting an extension for 6 months to allow for further development of the campground. A motion was made to grant the extension and it was unanimously granted 4-0. 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. 9. ZO2024-0005 SE 93 Hillcrest Dr. Richard Paquin spoke regarding the application seeking a special exception for the construction of an accessory dwelling unit this was opened to public comment at 6:39PM and closed to public comment at  At This Time. 9. ZO2024-0005 SE 93 Hillcrest Dr. Richard Paquin spoke regarding the application seeking a special exception for the construction of an accessory dwelling unit this was opened to public comment at 6:39PM and closed to public comment at 6:40PM . Mr Foote sought a motion to Approve ZO2024-0005 SE the special exception to allow for the construction of the adu Jane Laroche motioned to approve the special exception citing the criteria that A. the use is authorized in this chapter and it is. B. the requested use will not create undue traffic congestion or unduly impair pedestrian safety and it will not. C . 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 stormwater runoff onto adjacent property or streets with minimal to low impact. D. The requested use will not create excessive demand for municipal police, fire protection , schools or solid waste disposal services no it will not. E. Any special provisions for the use as set forth in this chapter are fulfilled as defined by the ordinance. F. The requested use will not create hazards to health safety or general welfare of the public nor be detrimental to the use of or out of character with the neighborhood. no it will not. G. The proposed location is appropriate for the requested use and it is. H. The requested use is consistent with the spirit and intent of this chapter and the master plan yes. the motion was seconded by Richard Boddie and was granted unanimously. 10. ZO2024-0006 Variance 78 Harglen Ln. Gerald Cullen spoke regarding the application to allow for a variance from the front setback where the existing structure will be turned into an accessory dwelling unit the existing structure encroaches into the setback by 5 feet where the front set back is 40 feet this was opened to public comment at 7:47 PM and closed to the public at 7:48PM. Mike Foote sought a motion to approve the variance citing as presented to the Zoning board by application Jane made the motion to Approve ZO2024-0006 it was seconded by Richard Boddie and was approved unanimously. 11. ZO2024-0007 SE 78 Harglen Ln. Gerald Cullen spoke regarding the application to allow for a Special exception to be approved to construct an Accessory dwelling unit for his daughter to reside in. Mr Cullen stated the ADU would be constructed within the existing structure that is within the front setback. Mike Foote sought a motion Richard Boddie made the motion to approve ZO2024-0007SE citing the finding of facts used in the application this was seconded by Jane Laroche and it was approved unanimously. 12. ZO2024-0008 Variance 107 Eastman Shore Rd. The applicant James Friedrichs spoke regarding the application to allow for the construction of an 26x32 garage to be constructed within the side set back and will encroach into the setback by 8 feet. The board questioned the reasoning and location of the proposed garage and the applicant was forthcoming with the answers. This was opened to public comment at 6:56PM and closed to the public at 6:57PM Mike Foote sought a motion to approve the variance to allow for the construction of a garage within the side setback Roland made the motion to approve Zo2024-0008 VAR and it was seconded by Jane Laroche and it was passed unanimously. 13. ZO2024-0011 Variance 1921 Parade Rd. The applicant has requested to have there application be moved to the April 15th ZBA meeting. A motion was made to continue the application ZO2024-0011 VAR by Richard Boddie it was voted unanimously and Mike Foote announced the date for the next meeting where this application will be heard as April 15th 2024. 14. ZO2024-0012 Variance 1921 Parade Rd. The applicant has requested to have there application be moved to the April 15th ZBA meeting. A motion was made to continue the application ZO2024-0012 VAR by Richard Boddie it was voted unanimously and Mike Foote announced the date for the next meeting where this application will be heard as April 15th 2024. 15. ZO2024-0013 SE Soleil Mountain Chris Duprey spoke about the application for a special exception to allow for the creation of four pickle ball courts on two lots owned by the same property owner. Chris shared the design rendering with the board and  Mike Foote announced the date for the next meeting where this application will be heard as April 15th 2024. 15. ZO2024-0013 SE Soleil Mountain Chris Duprey spoke about the application for a special exception to allow for the creation of four pickle ball courts on two lots owned by the same property owner. Chris shared the design rendering with the board and also stated that these are amenities that will be provide by the owner. Jane Laroche asked about drainage for this lot and how the runoff from the courts would be contained. Chris stated that a pervious material may be used to control rainwater. this application was opened to the public at 7:15PM and was closed to comment at 7:16PM Chris stated as well 75% of the association was in favor of this approval Richard motioned to approve ZO2024-0013 SE the special exception as the use is authorized within this chapter yes. the requested use will not create undue traffic or pedestrian safety it will not. The requested use will not overload any public system it will not. The requested use will not create demand for Police, Fire Schools or solid waste it will not. Any special provisions set forth are fulfilled no provisions are set. The requested use will not create Hazards to health safety or general welfare of the public it will not. The proposed location is appropriate for the requested use it is. the requested use is consistent with the spirit and intent of this chapter and it is. this was seconded by Roland Maheau and was approved unanimously. 16. ZO2024-0014 SE 226 Franklin St Joan Cornetta spoke regarding the application for a special exception to allow for short term lodging in the RS Zone at 226 Franklin St. Joan stated that she and her husband had recently purchased the property and were rehabbing the interior and would be seeking a special exception to allow for the use of short term lodging at this property. Jane Laroche asked about the amount of time spent at the property and Joan stated about four days a week also stating her children would utilize the property as well. Mike Foote inquired on the Drivers License and if it ties the owner to the property and it was found that it does. Rob Mora verified the Drivers license. Roland asked if she was residing there more than 150 days a year Joan stated she felt so. Mike Foote opened to public discussion at 7:24 PM Three members of the Opechee shores condos spoke against Donna Bowie, Paul Sharp, and Michelle F. the property is extremely close to there property and fearful of people migrating and trespassing to access Bond Beach. . Christine and Darren Russel spoke against allowing the special exception Also stating the stranger danger aspect of short term rentals in this Zone and that they feel strongly against this. Jeanette Morse spoke opposing this as well concerned mostly about music and noise at this property also stated no one is living at 226 Franklin st currently and that the vehicle at 226 Franklin St has Mass plates not New Hampshire plates. Marjorie Martel stated that the Goss family is not in support of the this application and that this area is not designed for short term rentals. Mike Zigarelli Chapin Terrace spoke opposing short term lodging also mentioned his in-laws who also live on Chapin Terrace are opposed to this as well. Grace Parsons Chapin Terrace spoke opposing this application citing the not wanting short term lodging in this neighborhood. Donna M. from Opechee shores spoke opposing the short term lodging. Joan Cornetta rebutted some of the statements made citing they would never know it was being rented also stating where all her family lives and that parking wont be an issue. Joan stated that a water problem that she had at her property may be the problem that's upsetting the neighbors stating this is a witch hunt also stating that her property is trespassed upon as well and stated there would be no wild parties at her property. Closed to the public at 7:49PM Mike Foote also stated there were two letters opposing one from Councilor Tony Felch and one from The Charlands. Richard clarified some questions with Rob Mora. Jane Laroche motioned to Deny ZO2024-0014SE using the finding of fact that 1. Not authorized in the chapter. 2. Not considered safe by the abutters. 3. no increase in services . 4. no 5. request does not meet following criteria that this use has been happening. Seconded by Roland Maheu and it was unanimous. 17. ZO2023-0124 Variance Stonewall Corners John Cronin and Peter Greiner spoke regarding the application to allow a variance to allow for a component of self storage be allowed on these properties. Talk on usage has been all over the place motels, restaurants, and such. Behind the site is residential and also a saloon to the north with other mixed uses around the neighborhood. john Cronin noted that this plan has been amended from its original submittal and that office space is the newer component and would have both aspects in each unit. The expectation is the utilization of the components of each structure. Also stating that storage is a need in this area and that the use is reasonable. Mike Foote did emphasize that this use is a not allowed use on the table of allowed uses for this Zone. Rob Mora stated that it is a no on the table and would require a variance to allow for this use in this Zone. Peter spoke to the board to help describe the overall aesthetic of the design. Mike Foote asked why this is not coming forward as being residential instead of make believe residential. John stated that this would be a more benign use on the property than residential. this was opened to the public for discussion and John Turner from the High Octain spoke in support of this proposal. John Cronin supplied a letter of support from an abutting neighbor. Richard asked if the variance were granted would it go to  utilization of the components of each structure. Also stating that storage is a need in this area and that the use is reasonable. Mike Foote did emphasize that this use is a not allowed use on the table of allowed uses for this Zone. Rob Mora stated that it is a no on the table and would require a variance to allow for this use in this Zone. Peter spoke to the board to help describe the overall aesthetic of the design. Mike Foote asked why this is not coming forward as being residential instead of make believe residential. John stated that this would be a more benign use on the property than residential. this was opened to the public for discussion and John Turner from the High Octain spoke in support of this proposal. John Cronin supplied a letter of support from an abutting neighbor. Richard asked if the variance were granted would it go to planning board and the answer was yes. Richard Boddie motioned to Pass the variance it was seconded By Jane Laroche but failed to approve by only getting one vote to pass and 3 abstentions the motion failed. Rob Mora advised another motion would be needed as the first motion had failed. Mike Foote motioned to vacate the current motion Richard seconded and it was voted 3 to vacate 1 against and then Mike Foote motioned to continue application ZO2024-0124 Var to the April 15th ZBA meeting and it was unanimous that it goes to the next ZBA meeting in April. 18. ZO2024-0015 Variance 504 Scenic Rd. Byron Bedard spoke representing John and Bill from Scenic Road LLC. Byron spoke regarding the criteria for the density application submitted for the development of this property currently the allowance is 3 units and granting the application would allow for five units on this property. Byron described the property at length and also touched on the description of what would be built on the lot in replacing the single family home this was opened to the public at 8:59PM a representative from Hills Rv park expressed concern over the development happening during there season where the park is more active. this was closed to the public at 9:03PM a motion was made to approve the application ZO2024-0015 VAR with the finding of fact expressed in the variance application this was seconded by Jane Laroche and was unanimous. 19. ZO2024-0016 SE 504 Scenic Rd Byron Bedard spoke representing John and Bill from Scenic Road LLC. Byron spoke regarding the criteria for the special exception to allow for multifamily housing on this property where it is by special exception this would allow for the creation of the five unit townhome structure to be created on this lot. this was opened to public comment at 9:12PM and closed to the public at 9:13PM Jane motioned to approve the special exception using the criteria defined by the applicant it was seconded by Roland Maheau and was passed unanimously. 20. ZO2024-0017 Variance 85 Garfield St Ron DeDucca spoke regarding application ZO2024-0017 VAR Ron mentioned he purchased the property that has a secondary structure that he is going to be fixing up to allow for a 2nd unit inside the existing structure. The use of two family is allowed in the RG Zone the application is to allow for the increase in density to allow for 2 units where currently 1.5 units are allowed by calculation the approval would allow for two units of housing to exist on this lot. Opened for public discussion at 9:24PM Alex L spoke regarding the proposal and was undecided on his stance but was fact finding in regards to the property. Ron continued to answer the boards questions regarding the long term plan for the property at 85 Garfield St. Richard questioned the application and the density rationale. One letter from the Mayos was filed in opposition to the application. Richard Boddie Motioned to Approve Application ZO2024-0017VAR with the criteria that it will not be contrary to the public interest. The spirit is observed yes . Granting does substantial justice as the property will be renovated. and no evidence was presented to confirm or deny property values would be changed it was seconded by Roland and was approved unanimously. 21. ZO2024-0018 SE 144 Valley St. Jamie Irving spoke on behalf of Susan Irving the property owner to allow for a special exception to be sought to gain the allowance of a use of a boarding house on the property at 144 Valley St. Jamie stated currently there are 7 individual rooms and one apartment. Shared kitchenettes for the rooms and each room has its own bathroom. A state grant was received to insulate the foundation. Jamie spoke regarding the overall property and its overall condition. Mike Foote Opened to public discussion at 9:30PM Robert Arzillli spoke against the application stating as a neighbor it was not something he would want in the neighborhood. Jamie finished the overall application proposal Ray Tetu spoke in opposition to the application as well sighting the clientele is of a certain type of people. Richard Boddie motioned to approve Application ZO2024-0018 SE citing the criteria the requested use is allowed by special exception , there will be no traffic or pedestrian increase. And the building has been used as a boarding house for at least 12 Years. There is no evidence that increase use of city systems and or demand on municipal services, and no evidence provided that it will be a detriment to the community. this was seconded by Roland Maheau. and was unanimous.  against the application stating as a neighbor it was not something he would want in the neighborhood. Jamie finished the overall application proposal Ray Tetu spoke in opposition to the application as well sighting the clientele is of a certain type of people. Richard Boddie motioned to approve Application ZO2024-0018 SE citing the criteria the requested use is allowed by special exception , there will be no traffic or pedestrian increase. And the building has been used as a boarding house for at least 12 Years. There is no evidence that increase use of city systems and or demand on municipal services, and no evidence provided that it will be a detriment to the community. this was seconded by Roland Maheau. and was unanimous. 22. OTHER BUSINESS 23. ADJOURNMENT The meeting was adjourned at 9:58PM