Zoning Board of Adjustment

Minutes

March 26, 2007

Official as of April 23, 2007

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

PUBLIC: Robert Bailey and John Lane. 

ABSENT: Alternate Ken Wilkins.

VOTING MEMBERS: Bruce Farr, Roy Pender, Thomas Lavigne, Nona Holmes, and Alternate Andrea Korson.

MINUTES:
Nona Holmes makes a motion, second by Jean Lane, to approve the minutes of January 22, and February 26, 2007, as written. Motion passes unanimously; 6/0.

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. >

David Docko is present along with Steve Hampl and Wini Young, conservation commission members. No abutters are present. Mr. Docko states that he has met with the Northwood Conservation Commission (NCC). Discussions have been held regarding the aquifer, which exists somewhere in the Great Woods. He researched the aquifer and testings have not been done into the area.

Mr. Docko explains that a speaker met with the NCC regarding explosives who has been involved with impacts of underground water wells, foundations, etc. He spoke of the effects of explosives and damages to surrounding wells, foundations, etc. All studies concluded that there was minimum to no damages.

Mr. Farr postpones further discussion as the NCC members are waiting for Conservation Commission Chairman Steve Roy to arrive.

Internal Business:
A discussion is held regard appointments of members. Ms. Smith explains the process of appointments of members in that there must be a motion for recommendation from the board. Tom Lavigne makes a motion, second by Roy Pender, to recommend the selectmen reappoint the following members to the ZBA: Jean Lane, Robert Bailey, and Andrea Korson. Motion passes unanimously; 5/0.

Election of Officers:
Tom Lavigne makes a motion, second by Non Holmes, to remain with the existing officers: Bruce Farr-Chairman and Roy Pender-Vice Chair. Motion passes unanimously; 5/0.

Correspondence:
NH Office of Energy and State Planning Spring Conference information is provided. Ms. Korson states that she has found this very informative and would like to attend if her schedule allows. Nona Holmes makes a motion, second by Jean Lane, to support up to 3 ZBA members to attend the NHOEP conference. Motion passes unanimously; 5/0.

Case #06-33:
Discussion resumes and Ms. Young states that the NCC has not made any final decisions regarding the quarry proposal. Mr. Hampl notes that the NCC will be holding a site walk this Saturday. Ms. Young further explains items of concern for the NCC are the need to see a plan, location of wetlands, limits of the quarry location, siltation protection, stormwater run off, berm.

Ms. Young states that she is concerned with surface water. She states that there was a fracture analysis done but is now not available. Mr. Docko states that a large wetland is around 500’ from the area and there is a small captured wetland adjacent to the proposed location of the quarry. He explains that the quarry is an exposed ledge area.

Mr. Lavigne asks if the NCC plans to visit other quarries. Mr. Docko explains that he spoke to another quarry and has permission to visit on a Saturday. He states that he feels that the Allenstown quarry is a model quarry and is what he envisions for his quarry. Mr. Lavigne expresses interest in attending.

Mr. Farr states that the planning board will be addressing many of the noted  issues through the site plan process. He adds that he would like to go forward with the application and determine if the board has enough information to make a decision.

Ms. Korson asks if the aquifer exists. Ms. Young replies that there is no plan at the NH DES. She adds that she has spoken to John Jacobsmeyer, a water district commissioner, and he is trying to find the plan showing the aquifer.

Ms. Korson states that if there was an aquifer, would the NCC be concerned with the proposal. Ms. Young replies that as an individual she would be concerned with the blasting disrupting the water flow and run off if there was a promising aquifer. Ms. Korson asks how far away Little Bow Pond is. Mr. Docko replies 2500 ft. Mr. Hampl states that he is concerned and feels that the NCC needs to walk the area as it is hard to visualize the area on paper. He would like to see the surrounding areas. Ms. Lane asks what the impacts are on Little Durgin Pond. Mr. Docko replies that it is even farther away. 

Tom Lavigne makes a motion, second by Roy Pender, to recess for 10 minutes to contact Steve Roy. Motion passes; 5/0. Session resumes at 7:40 p.m. 

VOTING MEMBERS: Bruce Farr, Roy Pender, Thomas Lavigne, Nona Holmes, and Alternate Andrea Korson.

Ms. Smith notes that she contacted Mr. Roy, from the NCC, and he is unable to attend.

Mr. Farr again refers to items that will be addressed within the site plan process. Ms. Young replies that the NCC wanted to see erosion plans and the list of items before they were going to take a vote regarding the project. Ms. Smith asks for clarification that this is not a joint meeting of the NCC or ZBA. Mr. Farr states that the ZBA asked for input and thoughts from the NCC, which has been provided.

Use Variance:
1.     The variance will not be contrary to the public interest. Mr. Docko states that this would be good for the community. He would be supplying aggregates to the area. He feels that this is not a misuse of the land and is a viable resource for the surrounding area. He explains that the area is ledge and is not useful for housing, which is what the area is zoned for. He notes that there is a minimal amount of trees and the area is a high percentage of hill. He states that the area proposed for the quarry is exposed ledge.
 
2.     Special conditions exist such that the literal enforcement of the ordinance results in unnecessary hardship. Mr. Docko states that the particular area in not very useful now. He is proposing an aggregate quarry and the land is not useful for housing as it is unbuildable land. He explains that the location is on the south side of the power lines. He explains that the proposal is for an above water table quarry. This use is not proposed to be in an area that would disrupt others. He adds that he is not encroaching on land of abutters and the project would be done in a way that meets all guidelines; setbacks; and requirements. He adds that the proposal is not a disturbance of any views.

3.     The variance is consistent with the spirit of the ordinance. Mr. Docko states that conservation commission would like to have the surrounding lands placed in a conservation easement, which he plans to do. He explains that by eliminating the possibility of housing this will keep a large parcel of land in conservation protected from housing. He adds that a large area would be protected from future residential development. 

4.     By granting of the permit, substantial justice will be done. Mr. Docko states that he would place the quarry in another area of the property; however, this area will have the least effect on other people. This is the most reasonable and likely place as far as noise, it is away from people, houses, and other roads. He adds that the location is unfortunately in this overlay district. He notes that this is the most reasonable and useful location for this use.

5.     No diminution in the value of surrounding properties will be suffered. Mr. Docko states that there are many quarries in the surrounding areas. He does not feel that there would be any diminution suffered. He notes that in some towns, there are views of the quarries from the houses. He adds that he does not feel that there will be any impact to the surrounding values of property.

Mr. Pender makes a motion, second by Nona Holmes, to grant the use variance based on the fact that all 5 criteria have been met. Mr. Pender states that this is probably the most extensive piece of granite in town. He explains that you can not build a house on it and it does not serve any practical purpose. The location is unfortunate; it is a worthwhile use of the property. He feels that the town needs this type of service and it is needed in the area. He feels that all conditions have been met. Ms. Holmes agrees with Mr. Pender.

Mr. Farr states that the proposal is not a deep quarry and is above ground. These types of materials are needed in town and this is a good use of the area as the aggregate must come from somewhere. He feels that this service is in the public’s interest and will be a marginal impact. He adds that he feels that placing the abutting properties into an easement is the right thing to do and feels that substantial justice is done with no reduction in values to the surrounding properties.

Ms. Korson states that there is a specific hardship to the land and this is a reasonable use. She also notes that there has not been any testimony from abutters.

Mr. Lavigne states that he has viewed the property and has a clear understanding of the area. He states that houses are allowed in the area and feels that would not be practical. He feels that this proposal is practical and all of the conditions have been met.

Motion passes unanimously; 5/0.

Mr. Farr thanks the conservation commission for their time spent on this project.

Other:
The 2007 Northwood Development Ordinances are distributed along with the new 2007 NH Planning and Land Use Regulations handbook.  
 
Adjournment:
Roy Pender makes a motion, second by Nona Holmes, to adjourn. Motion passes unanimously; 5/0.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary