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125 Main Street, Suite 200
Littleton, NH 03561
Phone: 603.444.3996
Fax: 603.444.1703

Aug 23, 2016

Approved Zoning Board Minutes August 23, 2016


LITTLETON ZONING BOARD OF ADJUSTMENT

TUESDAY, AUGUST 23, 2016

LITTLETON COMMUNITY HOUSE

120 MAIN STREET

6:00 PM

APPROVED MINUTES

 

 

PRESENT:  Chairman Eddy Moore, Vice Chair Art Tighe, Jerry LeSage, Guy Harriman, David Rochefort, and Joanna Ray (recording secretary)

 

EXCUSED: Jessica Daine

 

OTHERS: Milton Bratz, Steven Kelley, and Dawn Berg

 

The meeting was called to order at 6:00.  Chairman Moore designated Guy Harriman as a voting member. 

 

Review August 9, 2016 minutes

Art Tighe made a motion to accept the minutes as presented. Jerry LeSage second the motion. The motion passed by all.

 

Steven Kelley, Owner/Applicant – ZBA16-09 – Request for a Special Exception relating to Article IV, Section 4.02.05 of the Littleton Zoning Ordinance to allow warehouse storage and a parking lotat 212 Union St, tax map 79-182, in the C-I zone. The hearing was noticed in the Caledonian-Record, abutters have been notified, and the hearing fees were paid.  The case was accepted as complete. There were no conflicts noted.

 

Steven Kelley presented.  Steven was unaware that this application was necessary until he was told by Littleton Zoning Officer Chris Hodge.  Steven said he purchased the lot from David Ziter after he was unsuccessful with purchasing land next to NAPA.  Steven owns NAPA and they need more storage space.  Five storage trailers were added to the property and about five NAPA employees park there. Steven has considered doing something with the building on the lot, but replacing it would be difficult with the current State regulations.

 

Steven told the Board that he was informed by Police Chief Smith that the State does not permit parking along Union Street.  The area where people usually park is actually a breakdown lane.  Many businesses use it for parking including the funeral home. 

 

Milton Bratz informed the Board that he, as Health Officer, has been to the site.  The building appears to be in a dilapidated state under State definition.  Milton said they came to an agreement to have the house boarded up so that it would be secure.  Steven confirmed what Milton had said.

 

Dawn Berg, abutter, stated she attended the meeting to find out if there was going to be changes to the property.  She did not have any concerns with the current uses of the lot. 

 

Art Tighe reviewed what the hearing was for.  Warehouse use and parking for NAPA employees.  The Littleton Zoning Ordinance definition of warehouse is “Structure(s) used for the storage of materials or products for future distribution.  A warehouse need not be owned by the party utilizing the facility.”  Chairman Moore questions if these storage units were “structures” per the ordinance.  Art questioned what would be considered a parking lot. There is no parking lot ordinance.  Steve confirmed that the parking is mostly in front of the house and garage. 

 

Milton stated Chief Smith informed him that because this is a State road, and the use is going from a residence to parking, a permit is required.  This lot was used as a gas station in the past. 

 

Art suggested striking the request for warehouses because these are not structure per definition.  The parking lot is what should be addressed.  Art was concerned with Steven needing to apply to NHDOT for a permit to allow the lot to be used as parking.  Art also voiced concern about the unregistered forklift driving across the street.  Milton stated that he witnessed the forklift being parking in one of the containers and not going across the street.

 

Steven confirmed that there were no volatile fuels in the containers.  Most of the items are oil, washer fluid, black beauty, and skidder chains. 

 

Chairman Moore stated the only structure on the lot was the house.  David and Art agreed that the warehouses did not meet the definition of structure.  Chairman Moore also stated that the appearance of the property should be addressed. Fencing the property was discussed, but accessing the storage containers would be difficult. 

 

Everyone was in agreement to dismiss the request for warehouse storage. 

 

Milton spoke on behalf of Chris Hodge.  The concern is what is functionally happening on the property and not the actual containers.  Chris interpreted the use as warehouse storage and the Zoning Ordinance states a Special Exception is required. 

 

The definition of warehouse was reviewed again as well as the definition of structure.  Chairman Moore said the containers are not attached to the ground as the definition states.  Art stated the containers fit the definition of warehouse storage, but not the definition of structure because they are not attached to the ground.

 

Art discussed how it would affect the applicant if the Board decided these containers do not require a Special Exception.  It is possible that a future zoning officer could say that they do require this approval and then the applicant would have to apply again to appeal the zoning officer’s decision.

 

Jerry stated that these containers are all over town and getting a clarification may be required.  Steven stated he understood the argument.

 

Joanna will ask Attorney Waugh if these containers are classified as structures and if they fall under the warehouse definition per the zoning ordinance.

 

Art made a motion to continue the hearing, ZBA16-09, until October 11, 2016 at 6:00 in the Community House Heald Room.  Jerry second the motion.  The motion passed by all.

 

At 7:05, Art made a motion to adjourn.  Guy second the motion.  The motion passed by all.

 

Submitted by,

Joanna Ray