Littleton, New Hampshire

Approved Zoning Board Minutes Jun 22, 2010

LITTLETON ZONING BOARD OF ADJUSTMENT
APPROVED MINUTES
TUESDAY, JUNE 22, 2010
COMMUNITY CENTER HEALD ROOM
6:00 PM

Present: Chairman Eddy Moore, Vice Chair Mike Lombardi, Donna Trahan, Richard Merrow, Eugene Langdoc, Kyle Jensen, and Joanna Ray (recording secretary)

Others: Faye White, Jan & Mary Edick, Richard Gould, Ed Boynton, Ron & Allison Bolt, Pat Kellogg, Charlie Ryan, Linda MacNeil, Marghie Seymour, Arwen Mitton, art McGrath

Chairman Moore called the meeting to order at 6 PM.

Chairman Moore stated the reason for the meeting was to discuss the Motion for Rehearing of case ZBA10-14 Houston-Littleton LLC. Eugene Langdoc did not sit in on the original case so he will step down. Chairman Moore appointed Kyle Jensen as a full voting member for this. The Board received the motion from Attorney Scott E. Hogan on behalf of Jan & Mary Edick, Steve & Stacey Northrop, and Russell & Lucy Magoon. The Board has received the information regarding this motion.

One of the concerns mentioned in the motion is whether or not the case was a development with potential regional impact (DRI) or not. Chairman Moore said there would be no public input on this matter tonight. The DRI was not taken into consideration. It has been recommended by Attorney Waugh to rehear this case due to the DRI even though it is not clear if it qualifies. Vice Chair Lombardi did not agree with some of the points made by Attorney Waugh, but it sheds enough doubt to notice it as a DRI. Chairman Moore said there are 2 factors involved. The first is the impact on the watershed into other towns. The second is the possible traffic impact. Chairman Moore felt that even though the parcel is in the center of the town and does not border any town, all towns surrounding Littleton should be given notice. Vice Chair Lombardi and Donna Trahan did not agree. There was discussion about which towns to notify. Perhaps the Board should notify the towns downstream or the towns that will have increased traffic. North Country Council (NCC) will also have to be notified due to the DRI. Notifying all of the surrounding towns will make sure none are missed. Kyle Jensen suggested notifying the towns abutting Interstate 93. There is no evidence the interstate will be affected by truck traffic.

Legal opinion will be requested for who pays for the rehearing, if granted. Vice Chair Lombardi said the court couldn't come back to the Board and say they didn't notify enough if all surrounding towns are notified.

There was a question about the findings of the facts. In the minutes, the Board agreed with the findings of the facts. Chairman Moore suggested there should be some elaboration on them. More details could be added if this is a reason to rehear the case.

Kyle Jensen mentioned the property values. The applicant must prove that no reduction of property values will occur. Vice Chair Lombardi said there is no proof of an increase or decrease in property values. In the past, someone would bring in some kind of proof. In NH, property values cannot be proven. It is just the word of a realtor or broker that is working for someone.

Richard Merrow said the applicant would do whatever was needed. This would be brought up in a rehearing. All of the items brought up by Attorney Hogan were discussed at the original hearing. The only new point is the DRI and notifying the abutting towns.

Chairman Moore said the concern of the impact to the water supply was covered. Vice Chair Lombardi said the Board gave Littleton Water & Light everything they asked for in regards to the conditions. The wells will be monitored and a bond will be posted. There will also be onsite monitoring.

Chairman Moore told the Board that RSA 155E is not the ZBA's jurisdiction and should not be part of their concern.

Kyle Jensen made a motion to rehear Houston-Littleton LLC, Owner / Horizons Engineering, Agent

The Town of Littleton prohibits discrimination on the basis of race, color, national origin, sex, sexual orientation, religion, age, disability, marital or family status. The Town of Littleton is an equal opportunity employer.

Town of Littleton ®2013 all rights reserved
XHTML | CSS website ©2013 notchnet