Hearing and Meeting Minutes

Meeting date: 
Thursday, April 21, 2022

Preliminary

Town of Stoddard

Zoning Board of Adjustment

Minutes of Hearing April 21, 2022

The meeting was called to order by the Vice 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

Present via Zoom: Members; Jason Kovarik, Applicant Mark Johnson

Alternate Members present:   Milosh Buckovcan

Others present: Harry Power Compliance Officer, Tina and Keith Carlson Applicants, Steve McGuirty, Selectman.

Public Hearings

  • Continuance of Tina and Keith Carlson Appeal for Special Exception concerning Article IV, Section 1 of the Stoddard Zoning Ordinance, regarding Commercial use in a Rural District.  The Applicant proposes to operate a hot dog/food trailer on the property located at 475 Route 9, Tax Map 422, Lot 002.2 in the Rural Zone.
  • Herb gave a recap of the prior hearing and a review of the site visit on April 10, 2022. He asked if anyone had questions regarding that information, and there was none. The Carlson’s were asked if they wanted to add anything and they said no.
  • Herb asked about the power line from the pole to the trailer. Keith showed a picture of the box on the pole stating the cord has a quick disconnect per NH Safety & Health rules and the line will be covered with a mat or walkway.
  • Doug asked about trash that doesn’t make it to the dumpster. Tina stated they plan to have trash barrels by the picnic tables and the area will be cleaned with trash brought to the dumpster daily. Bud asked if people would be walking over the cable.  Keith said the position of the trailer would eliminate people walking over the cable.  Keith has removed the trees closest to Route 9 but has left lower bushes.
  • The Carlson’s reported they have been to the Planning Board and the site plan was approved by them. Herb asked Keith to forward the current site pictures to the secretary to be kept as part of the record.
  • A motion was made by Doug to close the public part of the hearing. Bud second the motion, members voted unanimously to close for deliberation.  Herb asked for questions and discussion by the members. There were no questions or comments. The Chair asked for a roll call vote on the Special Exception. Bud approve, Doug approve, Franz approve, Jason approve, Herb approve. The Vote was unanimous to approve the Special Exception.   
  • Special Exception for Sign: Herb opened the Hearing. The Secretary read the notice of hearing. Tina and Keith Carlson Appeal for Special Exception concerning Article XIV, Section V of the Stoddard Community Planning Ordinance to allow a business sign of less than 20 sq. feet on property located at 475 Route 9, Stoddard, NH, Tax Map 422, Lot 002.2 in the Rural Zone. Herb explained the portion of the sign ordinance pertaining to this hearing.  He asked the Carlson’s to present their case.
  • Tina explained the sign will be decaled onto the trailer. She handed each member a copy of the decal and explain where on the trailer it would be placed. It will be visible whenever the trailer is there. Herb asked about menu signs. The menu will be on awnings at the side of the service window and are removable. Doug asked about a sign at the end of the road and entrance and exit signs. Tina explained the NHDOT has given them permission to put up signs alerting traffic to the new business and entrance and exit signs for a period of one month.  Herb noted the ZBA has no jurisdiction on the DOT ROW. Jason noted the CPO is poorly written, but section I of the ordnance could be construed to cover a sign on a trailer.
  • Herb asked if anyone had questions or comments, there were none. A motion was made by Bud to close the public part of the hearing. Jason seconded the motion, members voted unanimously to close for deliberation.  Herb asked for discussion and questions from members. Their vehicle is bringing people into the business at their location. There were no other questions. Bud made the motion to vote and Doug seconded it. Voting was by roll call; Bud approve, Doug approve, Herb approve, Franz approve, Jason approve.
  • Hearing Mark and Dale Johnson Appeal for a Variance concerning Article III, Section 1 of the Stoddard Community Planning Ordinance to allow the building a garage with less than a 25-foot setback from the property line located at 19 Bowman Terrace, Stoddard, NH, Tax Map 101, Lots 100 and 101 in the Lake District. The Secretary read the Hearing Notice, explained where it was posted and the method of notification of Applicant and Abutters.
  • The Chair asked the Applicant to present his case. Via ZOOM, Mark stated this Variance is the same as he had over 2 years ago. The contractor he had originally hired kept putting off the construction and he eventually had to get another contractor.  Herb stated he thought the new garage is smaller than the other. Mark stated he was correct; the original garage was 30 ft by 30 ft. The new one is 25 ft by 25 ft. The set back from the lot line has not changed, the difference is the garage will be further from the house.
  • Doug asked if the garage is planned 15ft to center line of the road, could it be moved further away from the road & keep it the same distance from the house. Mark replied no.  The contractor ran into ledge while building the septic system. To accommodate the resulting change, the garage needed to be smaller to fit in that location and will be on sonotubes do to the ledge. Mark added there was a big maple tree and fence between the road & garage location.
  • Herb asked if there were any other questions. Herb asked the size of the lot; Mark replied it is 75 ‘wide and 135’ deep. Jason showed pictures of the site from the previous site visit to Bud, who hadn’t seen them.  Steve McGuirty asked how far from the neighbor’s property line the garage was; Mark replied 15 feet. Herb asked if there were any other comments or questions. There were no other questions. Doug made a motion to close the public part of the Hearing and Bud second the motion. All members approved.
  • Herb invited members for comments and questions.  He reminded members there was a site visit and hearing with the original application dated 10/03/19. He stated the lot is small, there is little land to build on, and that a septic and well take priority. People deserve to have a garage when they live at a place for months at a time.
  • Franz remembers the limited buffer between the neighbor to the north, but felt the issue had been resolved at that time. Do to rock, the buffer can’t be enlarged and he feels the request is acceptable.Bud stated it’s difficult to enforce restrictions when they were designed so many years ago and simply don’t apply to today’s needs. Herb re-confirmed with Mark that the building/garage will be no closer than 15 feet to the neighbor and to the center of the road. The original Variance (which was denied) proposed a 10-foot buffer. The previous approved Variance came with conditions that a 15-foot buffer would be upheld.This current Variance also asks for 15-foot buffer.There were no further questions.
  • Doug made a motion to vote, Bud second it, all voted in favor.The vote was taken by roll call; Franz approved, Herb approved, Jason approved, Bud approved, Doug approved. The Variance was unanimously approved.

Correspondence/Reports

  • Budget - Have money for the rest of the year.

Meeting Minutes Review and Approval

  • Minutes from March 17, 2022 Hearing/Meeting accepted with a spelling correction.
  • Minutes from April 10, 2022 Site Visit were accepted with additions.

Old Business

  • Posting of revised ZBA documents on the Town website (ZBA page) is completed.

New Business

  • Comments from NHMA Counsel were reviewed: Herb to send out training information to members regarding Planning Board and ZBA overlaps.
  •  Discussion in preparation for members for Town Meeting on May 17, 2022.

Public comment

None

Adjournment

A Motion was made by Bud to adjourn.  The Motion was second by Doug. The Motion passed unanimously. The meeting adjourned at 9:37 pm.  The next meeting will be May 19, at 7:30 pm at the Stoddard Town Hall.  Zoom is available upon request.

Respectfully submitted,

Kathleen Ellis

Secretary to ZBA