Zoning Board of Adjustment

Minutes

January 22, 2007

Official as of March 26, 2007

Chairman Farr calls the meeting to order at 7:00 p.m.
 
PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Thomas Lavigne, Alternates Jean Lane and Andrea Korson, Board Secretary Lisa Fellows-Weaver. 

ABSENT: Nona Holmes, Robert Bailey, and Board Administrator Linda Smith are attending the budget committee meeting. Alternate Ken Wilkins.

VOTING MEMBERS: Bruce Farr, Roy Pender, Thomas Lavigne, Alternates Jean Lane and Andrea Korson. 

MINUTES:
Andrea Korson makes a motion, second by Jean Lane, to approve the minutes of November 27, 2006 and December 18, 2006, as written. Motion passes unanimously; 5/0.

APPLICATIONS:
OLD CASE:
Case #06-33: David Docko, First NH Tpke. Map 211; Lot 16. Applicant is seeking a variance to Article 5.02(C) to develop a quarry for a non residential use where single family residential uses or municipal wells are the permitted uses within this district. (Property currently owned by Paul and John Tudor, and Carol Bernazzani.) [Continued from October 23, 2006. >

No abutters are present. Mr. Docko explains that he is still meeting with the Northwood Conservation Commission (NCC). The NCC is still concerned regarding the aquifer in the area. He states that there are issues to be addressed with the aquifer and the location. He is in the process of researching the aquifer, which exists some where in the Great Woods. Mr. Docko explains that he had a speaker meet with the NCC last month regarding explosives who has been involved with impacts of underground water wells, foundations, etc. Mr. Docko states that the quarry area may impact a range of 2-4 acres.

He explains that the quarry grows with the economy and the demand for the product. Mr. Docko states that another area with a quarry is in Raymond. It is close to residences and was a gravel pit. He adds that Allenstown is a good example of what the proposal is. It is above grade; they have retention ponds for run off and the area looks good. 

Ms. Lane asks if there will be any affect to the water in the ridge. Mr. Docko states that he believes the NCC is concerned that the dynamite above the ground may affect the aquifer. All of the information and research has been done. When explosives are done to a quarry the power is an outward blast so all pressure is in an outward motion, not downward. Roy Pender makes a motion, second by Tom Lavigne, to continue the case to the next meeting, February 26. Motion passes unanimously; 5/0. 

Case #07-01: Chris and Peggy Kofer, First NH Tpke. Map 221; Lot 58. Applicant is seeking a variance under Article 3.02(B) to construct a 40’ x 60’ barn for business use on a non-conforming lot of 1.91 Ac. where 2 Ac. is required.

Mr. Kofer explains that the property is 1.91 acres next to the SAU office with  an established common boundary. He states that he is not looking to develop the entire property; in fact, there are no plans for anything on the south side of brook. He would like to have a small business there with a small area to store materials. The building would be of an agricultural look and he plans to preserve as many trees as possible.

A discussion is held regarding the size of the building. Mr. Kofer states that he would like the building to be 40’ x 60’, approximately 250’ from the road to the front of the building. There are no setback issues. He adds that he intends for any delivery vehicles to be able to do a complete turn around on site.

Area Variance:
1. The variance will not be contrary to the public interest. Mr. Kofer states that the business will not generate a lot of traffic. The bulk of the Town of Northwood is quiet, residential, nearly a rural area all ready. He feels that adding this business where there is already some noise existing, if another business should go in, the character would not be altered by the nature of having the business there.

2. Special conditions exist such that the literal enforcement of the
ordinance results in unnecessary hardship. Mr. Kofer states that he needs the variance to proceed with the construction on a lot under 2 acres. He adds that the town is assessing the property at $160,000 based on the fact that it is good commercial and if not granted the variance he is not able to use the commercial aspect of the property.

3. The variance is consistent with the spirit of the ordinance. Mr. Kofer
states that he is planning to develop within the tree lines to maintain the nature of the area and the spirit of the ordinance. He explains that due to the fact that the property is in the public water supply there is no protective radius or a well to protect in this case. There is a well on the property that was previously used for drinking water purposes but it has been in the Village of Northwood Ridge Water District. He adds that the proposed development does not impact the protective radii of the well. He adds that this is not a valuable ground water recharge area and this is not altering a valuable recharge area. This proposal does not have a negative impact. He understands the 2 acre lot size is designed so people can live sustainable in an area; however, a lot has to do with the infrastructure of the lot.

4. By granting of the permit, substantial justice will be done. Mr. Kofer
states that he is developing the property which is not in a valuable groundwater recharge area. There was a previous house on the lot when the allowable minimum lot size was 80,000 sq. ft.

5. No diminution in the value of surrounding properties will be suffered.
Mr. Kofer states that this will add to the value of the area. This area is a
primary area in town. He will try to keep some of the trees in place and
maintain a back roads look to the area. He states that he would like to think
that the area is proud of the history that it represents and adds that this 
business will show a positive respect to the architecture.

A discussion is held regarding the amount of traffic entering the site. Mr. Kofer explains that he has very few customers at this time and one delivery truck per
day. Ms. Lane states that this may be a problem in the future with bigger trucks and the amount of traffic increasing. Mr. Kofer states that there will be a deceleration lane added in front of the property. 

Tom Lavigne makes a motion, second by Roy Pender, to grant the area variance for a 40’ x 60’ building based on the fact that all criteria have been met.

A discussion is held regarding setbacks on the property. Mr. Lavigne states that there are no issues with the setbacks at this time with this proposal. Mr. Lavigne states that the proposal is a reasonable use of the property. He adds that this property was probably fine when it was developed; however, the ordinances have changed and are requiring more land. He notes that this is a great place for a small business that will not generate a lot of traffic.  

Mr. Pender agrees that this is an appropriate place and a good use of the property. Ms. Lane agrees yet expresses concern with the amount of traffic in that area. Mr. Farr states that he does not have any problem with the proposal as presented, conceptually. He is cautious with approving the variance based on the concepts and needing more details. Mr. Lavigne states that he has faith with the planning board that they will be cautious in considering the proposal. Motion passes unanimously; 5/0.

Adjournment:
Roy Pender makes a motion, second by Andrea Korson, to adjourn at 7:49 p.m. Motion passes unanimously; 5/0.

Respectfully submitted,
Lisa Fellows-Weaver
Zoning Board Secretary