August 2022 Hearing & Meeting Minutes

Meeting date: 
Thursday, August 18, 2022

Preliminary

Town of Stoddard

Zoning Board of Adjustment

Minutes of Hearing August 18, 2022

The meeting was called to order by the Chairperson at 7:30 pm. 

The Pledge of Allegiance was led by the Chairperson.

Roll Call

Members present: Chairperson Herb Healy, Vice Chairperson Franz Haase, Bud Record, Doug Summerton, Jason Kovarik

Alternate Members present:   Milosh Buckovcan

Others present: Harry Power Compliance Officer, Michael Shawver, Applicant, no abutters present.

Public Hearing - Special Exception - Shawver

  • The Secretary read the Notice for Special Exception for Michael and Sarah Shawver.
  • Herb read from the Community Planning Ordinance, the criteria the Zoning Board is required to consider during this Hearing. (Nuisance to the neighborhood by reason of noise, dust, smoke, odor, illumination or other hazard to the public health.)
  • Herb asked the Secretary to read the hand-written notes from the Site Visit after which he invited Michael to speak.
  • Michael spoke stating he has been working out of Nelson.  Now that he is living in Stoddard he would like to move his equipment here and have space for his employees to park. He has two – three employees. He also stated he went before the Planning Board and they waived a Site Plan Review until he is ready to construct a building on the site.  Herb asked if he would send a copy of the plan to the Zoning Board when it is completed.
  • Herb opened the meeting up for questions.
  • Doug stated he saw gas cans by a shed on the property and asked if that was a liquid storage shed. Michael said no, the gas cans were empty.  Gas cans are filled at Mr. Mikes (local gas stations) and kept on the trucks.  They carry fire extinguishers on the trucks per DOT regulations and in case their equipment causes a spark.
  • Jason asked about the front house.  Michael stated it is on its own lot. The house has 3 acres, his house has 12.5 acres. The property has been subdivided and is owned by Michael.
  • Herb asked for a motion to close the fact-finding section and move to deliberations. Doug made a motion to close, Jason seconded the motion, all voted in favor.
  • Herb feels Michael’s project to keep his equipment on his property meets the criteria of the ordinance. He found no danger to the public and the parking for employees was adequate.
  • Jason expressed concern about the view from the driveway looking west, seemed a little short. Also stating, the state wouldn’t have allowed the driveway if it was dangerous. Herb asked if he had given thought to clearing brush along that side of Route 9. Mike said the State usually mows that area and the brush is on his neighbor’s property. Discussion ensued regarding road safety of the other neighboring businesses.  Members concluded he doesn’t have customers coming in and out all day as the other businesses, just his limited vehicles and employees and doesn’t seem to create a congestion problem.
  • Doug stated if Michael should hold a retail business we should be informed.  
  • Bud added, a retail at that location would increase the traffic.  Michael said that doing retail there would require a new site plan. Herb asked for discussion.
  • Franz responded saying his plan currently does not include retail and the board should make a decision based on that. Bud, Doug, Jason and Herb stated they have no concerns regarding the current application.
  • Bud made a motion to close deliberation to vote on the Special Exception.  Doug seconded the motion.  Herb asked if there was any further discussion regarding a restriction on the Special Exception regarding retail use of the property. Franz stated Mr. Shawver was very clear that he has zero intent on having retail customers on his property.  If his business plan changes he will need to come back, but for now, feels nothing should be added to the motion.  The Board voted to Grant the Special Exception as described on the application with Franz, Bud, Jason, Herb and Doug voting in the affirmative.

Correspondence/Reports

  • Budget – In good shape. 

Meeting Minutes for July 21,2022 were accepted as written.

  • ZBA Received a copy of an application from R. Madden to NHDES for moving boulders in water on his property on Granite lake.  Discussion ensued. Herb feels since we received the information, we should suggest to Selectmen they come for a Special Exception regarding Article XII, Section 4 and 5 of the CPO regarding Wetlands. Franz suggested a vote be taken. Doug made a motion for the ZBA to step forward and suggest a Special Exception is needed, Jason seconded it. The vote was 4 in favor and 1 opposed.  Herb will check with legal consul before approaching the town.

Old Business

  • Will continue discussion of Wetlands Ordinance (Article XII) of CPO next meeting.

New Business

  • State changes to ZBA laws: NH HB 1661 and HB 1021
  • Herb handed members an outline of the new HB 1661 which impacts our ZBA. Section 70: involves member training. Section 71: involves Publication of Fees (we comply, ours are on line.) Section 73: Written Findings (our current practice complies). Section 74: ZBA Timeline – ZBA now has 90 days from beginning to decision. Jason made a motion for our Board to follow HB 1661 until we can update our procedures. Franz seconded the motion. The motion was unanimously accepted.

Public comment

  • None
  • Non-Public Session – per RSA 91:3 A(c) Herb made a motion to postpone discussion until September meeting. Jason seconded the motion and all voted in favor.

Adjournment

  • A Motion was made by Jason to adjourn.  The Motion was seconded by Herb. The Motion passed unanimously. The meeting adjourned at 9:37 pm.  The next meeting will be September 13, 2022 at 7:30 pm at the Stoddard Town Hall.  Zoom is available upon request.

Respectfully submitted,

Kathleen Ellis

Secretary to ZBA