Littleton, New Hampshire

Approved Zoning Board Minutes Apr 10, 2012

LITTLETON ZONING BOARD OF ADJUSTMENT
DRAFT MINUTES
TUESDAY, APRIL 10, 2012
COMMUNITY CENTER ANNEX
6:00 PM


Present: Vice Chair Harold Bigelow, Eddy Moore, Heidi Hurley, Cary Clark, Sean Sweeney, Tom Laughlin (alternate), Guy Harriman (alternate), and Joanna Ray (recording secretary)

Others: Mell Brooks, Mary Edick, Gardner Kellogg, Dave Ernsberger, Mrs. Copenhaver, Dayton Goudie

Vice Chair Harold Bigelow conducted a roll call. Tom Loughlin was appointed to be a voting member in Sean Sweeney’s absence. Sean Sweeney joined the meeting while Vice Chair Bigelow was going over the rules of the meeting. Everyone will be given an opportunity to speak. Any conflicts should be stated.

All Saints Episcopal Church, Applicant – ZBA12-01 – Request for a modification of ZBA03-05 to allow less than 13.5’ from rear property line on tax map 78-114, 35 School St, in the R-l zone. Gardner Kellogg presented the plan. Gardner showed the Board where the property line was erroneously depicted when the church was built. There was an error interpreting the deeds. Both the Episcopal Church and the Community House agree with the plan. The original variance approval was for 13.5’ from the rear property line. Due to the plan error, the requested rear setback has been changed to 7’. Gardner said the error was discovered about 3 years ago.

Eddy Moore asked what the setback was from the property line to the closest corner of the Annex. After some review of the plan, Gardner Kellogg stated it is about 18’.

Vice Chair Bigelow asked Gardner Kellogg if he had considered applying for an equitable waiver of dimension. Bigelow explained that an equitable waiver approval is usually given when there is an honest mistake. Cary Clark explained what the difference is in applying for a variance and an equitable waiver. An equitable waiver removes the hardship requirement.

Eddy Moore stated that the side setback for the Annex was 18’ and the rear setback for the church was 7’. The Annex could actually have a 10’ setback. Eddy stated the lot line should be closer to the Annex. Gardner Kellogg stated this proposal was to give the church some rear setback and the Annex some area.

Vice Chair Bigelow stated that the current situation has been there for 9 years and has not presented any difficulties for these properties.

Mary Edick asked for clarification on if this application was for the lot line adjustment to allow the 7’ rear setback. There was discussion about needing a 7’ rear setback. Mary stated the error was brought to the church’s attention 6 years ago.

Tom Loughlin asked if the parties involved are in agreement. Mary Edick said the Community House Board is in agreement with the new lot line adjustment. Mell Brooks said the church met with Attorney Russell and after some review, the church board is satisfied with the new line as well. Eddy Moore said the case would have to advertised again if the request was for an equitable waiver. Vice Chair Bigelow stated he thought it could be cleared up during this meeting.

Cary Clark asked if the church was supportive. Mell Brooks said the church was very supportive to the request for a variance approval. Mary Edick stated the Community Center agrees with the variance request.

There was no one else in attendance that wished to speak in favor or opposition to this request. The public input portion of the meeting was closed.

Cary Clark stated that for all the reasons in the variance statute, the change is warranted and not granting the request would cause hardship. On the other hand, if the request does not meet the variance requirements, then an equitable waiver would need to be applied for. Eddy Moore said if the applicant is denied, they can apply for the equitable waiver.

Vice Chair Bigelow reviewed the findings of the facts. No Board member stated that the variance would be contrary to the public interest. Literal enforcement of the ordinance would result in unnecessary hardship because altering the improvements to the Episcopal Church would be disruptive and very expensive. The proposed use is a reasonable one because the use of the property has been a church for many years. Eddy Moore stated the Board can take into consideration the factor of cost. Vice Chair Bigelow said the cost factor is applicable in the case. Cary Clark stated that the first request for a variance in 2003 met the facts and this application does not change that. Cary felt that the Board addressed the facts in 2003.

Vice Chair Bigelow asked for a motion. Eddy Moore stated he is willing to accept the variance as presented by the findings of the facts. Vice Chair Bigelow stated the added condition of the land swap. Heidi Hurley seconded the motion. The motion passed by all.

Mell Brooks asked for the approval and condition to be repeated. Vice Chair Bigelow stated the request for a variance was granted with the condition that the land swap be done.

Melissa Hamlett, Applicant – ZBA12-02 – Request for a Special Exception relating to Article IV, Section 4.02.04 of the Littleton Zoning Ordinance to allow a riding academy at 429 Old Partridge Lake Rd, tax map 53-25, in the Rural zone.

Melissa Hamlett presented her case for a seasonal riding academy. The property has 3 barns and 12.9 acres. Melissa said her plan was to ensure the conservation of Partridge Lake which is below the property. Melissa met with the Natural Resources Conservation Service (NRCS). She supplied a letter. Melissa met with NRCS to make sure she is conserving the water on the property as well as below. The property contains a pond as well as 2 brooks. To preserve the water quality, Melissa plans to fence the pasture about 65’ around the bodies of water. NRCS feels that no manure would get into the water with the fence 65’ away from the water. No horses would be in or near the water. The pastures would be sectioned off and rotational grazing would be done. This improves the quality of growth of the pasture. Fencing around the perimeter would be pressure treated posts with 2” poly tape that is electric to keep the horses in. The outdoor arena, that is in rough shape, would be fixed up. The run in stalls would be in the large barn near the house. Melissa worked with NRCS to design an effective manure pit. There will not be a large manure pit that needs to be disposed of. NRCS stated that this property, with rotational grazing, could handle up to 6 horses. Melissa currently has 2 horses and a pony.

Heidi Hurley asked if Melissa planned to privately board horses. Melissa stated it is not in her plan. For insurance reasons, Melissa will only have her own horses here.

Melissa Hamlett stated that the rotation of the horses will control odor. The use of Predator wasps will be dispersed in the manure pit. The wasps take care of the fly larvae to decrease or eliminate flies.

Parking will be in a small paddock area adjacent to the arena. After removing the paddock fencing, this area will allow 4-5 parking spots.

Vice Chair Bigelow asked what Melissa would be teaching. Melissa said she has been involved in 4H and would like to teach horsemanship skills. She is not interested in competitions or shows. This will not be a competitive academy. There will be a maximum number of 6 students. This will be seasonal. Melissa will rent the house to someone she knows that has horse experience. There will not be continuous traffic. One of the other structures on the property could possibly be used for storage of hay. The area of any building removals would be cleaned up.

Eddy Moore asked Melissa Hamlett if it was her signature on the application. Melissa said it was. Sandra, from the law office of Samaha, Russell, and Hodgedon, is handling the sale of this property for the estate of Wayne Hartlen. Melissa pointed out that the area where the riding academy would be located is in the rural zone.

Mrs. Copenhaver, 482 Partridge Lake Rd, stated that the safety of the lake is always a question and she wanted to know if the lake was going to be safe. If it will be safe, then she would like to see this riding academy here. Melissa Hamlett stated that the lake safety is why she went to NRCS. Melissa mentioned that NRCS is a subgroup under the USDA. Programs offer support to do what is needed to preserve the lake. Keeping the horses out of the water and keeping the number of horses to a maximum of 6 will help preserve the quality of the lake.

Dave Ernsberger, a Partridge Lake resident and involved with the lake issues, was pleased that Melissa Hamlett is knowledgeable and prepared. Dave said it would be nice to see the property improved.

Dayton Goudie, Partridge Lake resident, said that he has worked with Dave Ernsberger and the Partridge Lake community to reduce the phosphorous levels in the lake. Dayton voiced his concern over the possibility of the business increasing and causing problems with the lake.

Dave Ernsberger stated one concern was the manure flow into the stream and the second concern was the possible septic contamination. Melissa Hamlett said she had not looked into the septic issue yet. She was starting with getting the Zoning approval.

Dave Ernsberger discussed what is being done to decrease the amount of phosphorous in the lake.

Cary Clark asked if there was anything specific that the Board should put as a condition. Dave Ernsberger suggested limiting the amount of horses. Six horses was agreeable to everyone. Dayton Goudie suggested going along with the laws that apply when working with NRCS and the best management practices that Melissa Hamlett had already mentioned.

Sean Sweeney asked about the land management around the streams and pond. Melissa Hamlett stated she would like to get the well house in working condition to irrigate the pastures. The NRCS is supportive to that and keeping the water areas cut so they can grow better. The pond would be improved by adding vegetation. There is also a program for adding fish.

Dayton Goudie wanted to make sure the applicant was aware of the possible odor issue and how it could be handled. Nighttime odors tend to settle low in the area he lives. Vice Chair Bigelow asked if this was a potential nuisance. Dayton said he just wanted to clarify that this was not an objection. It was just to make Melissa Hamlett aware.

Melissa Hamlett said she has every intention of doing what is needed and that she has the best intentions.

The public input portion of the hearing was closed.

Sean Sweeney stated that the concerns were the potential nuisances, water quality, and odor. The letter from NRCS has 5 recommendations to address those issues. Sean suggested making these recommendations a condition of approval. Heidi Hurley, Tom Loughlin, and Cary Clark agreed. The Board discussed conditions and came up with the following:
• The applicant is to comply with the BMP’s as recommended in the letter from NRCS after their 3-16-2012 site visit
• 5 parking spaces for non-residents
• The applicant must comply with State and Federal environmental issues
• The number of horses is limited to 6

Cary Clark made a motion to approve Melissa Hamlett, Applicant – ZBA12-02 – Request for a Special Exception relating to Article IV, Section 4.02.04 of the Littleton Zoning Ordinance to allow a riding academy at 429 Old Partridge Lake Rd, tax map 53-25, in the Rural zone with the conditions listed above. Eddy Moore seconded the motion. The motion passed by all.

Other Business:

Review of completed conditions from Clardy case (ZBA11-04). The Board accepted the letter from Littleton Fire Chief Joe Mercieri, however, the rest of the condition stated a written report by a licensed mechanical engineer was required. The Board tabled the complete acceptance of the conditions until the report is presented.

Eddy Moore mentioned that the ZBA bylaws state the election of officers is to be May 8, 2012.

At 7:45 PM, Vice Chair Harold Bigelow made a motion to adjourn. Sean Sweeney seconded the motion. The motion passed by all.

Submitted by,
Joanna Ray

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