Minutes of Sept. 21, 2023
Preliminary
Town of Stoddard
Zoning Board of Adjustment Meeting
September 21, 2023
Town Hall
The Chairperson called the meeting to order at 7:30 pm
Pledge of Allegiance was led by the Chairperson
Roll Call: Herb Healy Chair, Franz Haase Vice Chair, Jason Kovarik, Doug Summerton, Bud Record
Alternate Members: Milosh Bukovcan, Loren Patton
Others present: Harry Power Compliance officer, Scott Austin Applicant, Christopher Cleaver Citizen, Romy Maurer Presenter for Peter Girard & Pak Yen Lim Trustees, Peter Girard Applicant, Dave Blanchette Applicant for Cold Springs Land Trust, Jason Hill of TFM presenter for Cold Springs Land Trust, Ruth Ward Abutter, Nancy Perkins Abutter
Public Hearings: Franz read the procedural rules for hearings to the audience.
Appeal by Scott Austin for a Variance concerning Article III, Section 1 of the Stoddard Community Planning Ordinance to build a two-story garage within the required 25-foot setback on the property located at 2375 Valley Road Stoddard, NH; Tax Map #101, Lot# 71 in the Lake District. The Secretary read aloud the Variance Hearing Notice and where it was posted.
The Applicant presented his case stating he wanted to build a garage as described above, and had spoken to all his abutters and they are okay with his plan. He wants the garage for when he eventually moves there full time. The lot is 70 feet wide. He presented plans of the garage and a map with the layout of the property. Members viewed the maps and plans, and asked questions of Scott about the projects. He stated the garage would currently be unheated and have no water. When he retires he may be coming back to the board for permission to heat the building. The lot is 70 ft wide. The lot across the street and one 2 lots down are year- round residents. His next-door neighbor has improved their property so they can become year-round when they retire. The garage will have a frost wall around it, the building will be wood framed. He stated the upstairs is for storage only. The only insulation (zip wall) is on the outside. Franz read the hardship section off Scott’s application. Scott stated the property & structure on it were developed prior to the creation of the Stoddard Community Planning Ordinance. There is no proof that these lots have had a detrimental effect on the town. A copy of the Municipal Notification for a Shoreland Permit is in the case file. The garage is being built over the existing driveway. The lot is bordered by conifers.
Doug made a motion to close hearing, Jason seconded the motion. All were in favor. Herb read the Variance criteria to the members. Facts supporting the Variance: Items 1 & 2) Members feel the Applicant is asking for reasonable use of the property given that it was developed prior to today’s regulations. Item 3) Substantial justice; there is no evidence the benefit to the applicant is outweighed by harm to the general public. Item 4) Usually a Variance increases the value of surrounding properties and there is no testimony stating the property value would be diminished. Item 5; A & B) The existing use today is non-conforming. The other lots in that area are also non-conforming, to move the proposed building to meet the setback requirement is not possible in this case do to rocks making this lot unique. It is reasonable for a homeowner to have a garage to keep his car and tools out of the weather. Unnecessary hardship exists, given the size and shape of the lot that were developed in the 1950’s. Today this house & lot would not be allowed to be developed. Franz made a motion, seconded by Jason, whether criteria 5A is met. All agreed. Roll call vote was taken: Bud yes, Jason no, Herb yes, Franz yes, Doug yes. The board agrees 5A has been met. A Motion to vote to Grant the Variance was made by Bud and seconded by Doug. Roll call vote was taken: Jason yes, Bud, yes, Herb yes, Franz yes, Doug yes. The Variance is GRANTED. Herb reminded Scott he will need the Shoreland Permit and asked for a copy of the state’s decision. Scott agreed.
Appeal by David Blanchette for Cold Springs Land Trust for a Special Exception to Article IV, Section 1 of the Stoddard Community Planning Ordinance to develop a storage facility with 36,000 +/- SF of self-storage units and 50,000 +/- SF of outdoor marine/boat storage on the property located at Route 9, Stoddard, NH (owner - Scott Liljeberg, Trustee) Tax Map #420, Lot #11, in the Rural District. The Special Exception was read aloud by the Secretary and locations where it was posted. Herb explained to the audience the difference between Variance and a Special Exception. The ZBA is obligated to approve the Special Exception if it is proven it fulfills the certain conditions allowed in the Planning Ordinance. Herb read the conditions from the Planning Ordinance. Herb stated that he was uneasy that the letter giving David Blanchette and Jason Hill, permission to speak for the owner was not witnessed.
Jason Hill presented for Mr. Blanchette and the owner. He assured the Board the owner is aware of the plans & site. He had a map of the property on an easel for the public & Board to see. He handed smaller versions to the board and abutters in the audience. Jason identified himself as a civil engineer, and project manager for TFM and this project. The project takes in approximately ten to fifteen acres on the northern end of a fifty-acre property. The driveway will be a shared driveway permitted by the DOT. He had printed Goggle Earth pictures showing the driveway area. Mr. Blanchette stated unless the state requires it, the trees by the driveway will be cut, they have no landscape design at this point. There will be a plan for plantings presented to the Planning Board. The proposed driveway will run north along Route 9 the length of the property per DOT 1967 requirements, to maintain the right-of-way for Route 9. The entry for the driveway has 1000-foot site-line and is central to the property. The driveway will split by the storage area with one branch going to the storage area and one to the boat storage. The driveway will be gravel to cut down on pervious coverage, the area around the storage units will be paved, the area for the boats will be gravel. The area will be gated. Environmental practices will be in place for drainage. There is no demand for parking for this type of business. The driveways and entrance to the site will be wide enough for 2-way travel. The lights for the site are downward facing dark sky certified and automatically go out at 10 pm. The gates are locked out at 10 pm so there will be no access to the site after that time. It unlocks at 5:30 am in the morning. The units are set back from the highway. There are small natural wetland areas between Route 9 and the units so they may be partially visible from Route 9. There should be no noise, dust or public health issues as it’s a low traffic volume generator. There are low public service requirements as there is no living area involved. No cleaning, processing or maintenance of the boats takes place on the property. The boats come in wrapped & processed for storage. They will be moved by a tractor and parked in an organized manner. The units are unheated. There is a specific contract renters must agree to, that states what can and cannot be stored. Regulations for storage of flammables is the same as for public garages. A state approved drainage containment area for runoff will be developed to collect any runoff to be sent for treatment, nothing goes into the property. The wetlands were mapped by wetland scientists but are not physically marked if we were to do a site visit. Herb explained the ZBA may put caveats on our decision, if the Planning Board makes changes they will have to return to the ZBA with those changes.
Herb asked members if there were any new questions. Lighting will be LED night sky compliant, shining down toward the ground. Jason K. stated 70% of Stoddard is in in conservation and the town is very conservation conscious.
Herb asked if the public or abutters have any questions. Nancy Perkins, northern side abutter, asked how the runoff will affect her well and would her property value would be affected. Jason H. said runoff criteria will be followed according to NH State wetland requirements. Nancy’s property is above the site. There are no public waters on the site. Private wells have a 75ft setback requirement from a septic, the project has no septic and no water. The runoff will be contained and cleaned prior to discharge. Those plans will be presented to the Planning Board. Herb stated the property value is outside the scope of the ZBA. Ruth Ward, southern side abutter, asked if there will be tiering of the boats. Jason responded they will be on the flat and less than 500 boats. She asked how many feet from the center line of Route 9 is the driveway. Jason H. responded approximately 190 feet. Also asked, will there be trees between the driveway and Route 9. They will leave what the State says they can, then they will landscape. She is in favor of the plan. Herb asked if abutters have more questions, for or against. No one spoke. Herb asked if the Board had further questions. Herb read aloud the letter from abutter James Newson of the Harris Center who Is concerned about impact of traffic turning from Route 9. Discussion referring to the safety on Route 9 and DOT regulations ensued. Jason H. addressed the traffic issue stating per NH DOT the traffic generated at peak time by the project does not warrant creation of a pull off lane. The rate of traffic for this business is estimated as maybe one boat per hour and is usually off peak. There are shoulders on the road at this time. All boat traffic will be coordinated with the owner. The driveway does not have final acceptance by the DOT at this time. The number of storage units will be determined at the Planning Board hearing.
Doug made a motion to close the hearing, Jason seconded the motion, all voted in favor.
Herb made a motion for a site visit. Doug seconded the vote. A vote was taken by roll call; Bud no, Jason no, Herb yes, Franz no, Doug no. There will be no site visit
Discussion on criteria: Herb stated there is a potential safety issue in turning off of Route 9, however it is in the straightest area on the road. Jason stated there have been eight deaths on Route 9 between the turn offs of Rt 123S and Rt 123N since 2010. He feels the 36, 000 sq. ft impervious pavement and the fencing around the 10 to 15-acre area is a nuisance to the neighborhood. There was no noise there before. The gravel road creates dust and illumination will affect amphibians and wildlife. Bud added this is the best section of Route 9 to have a driveway/entrance as it has a thousand-foot site-line. Doug stated he has no problem with traffic, the dark sky rated lighting is good, the gravel road may have some dust but will have low traffic volume. Franz feels both criteria for the Special Exception have been met and can’t think of a less detrimental business impact for the town. Doug made a motion to vote, Bud seconded the motion. Roll call vote was taken: Bud approve, Jason no, Herb approve, Franz approve, Doug approve. The Special Exception was GRANTED for what was presented to the Board this evening.
Doug had to leave the meeting and Loren will be sitting in for him.
The Chair explained the differences in criteria from the previous Special Exception and the current Wet Land Special Exception. He explained the conditions the ZBA would be concerned about and the necessary opinion from the Conservation Commission.
Appeal by Peter H. Girard Trust and Pack Yen Lim Trust for a Special Exception to Article XII, Sections 4 & 5, of the Stoddard Community Planning Ordinance to replace an existing deck with a permeable patio of the same footprint within the 50’ Wetland buffer area of Island Pond on the property located at 504 Route 123 North, Stoddard, NH; Tax Map #134, Lot #38, in the Lake District.
The Secretary read the Hearing Notice and locations the hearing was posted. Romy Mauer presented the project for Peter Girard. She stated they have received a NH DES Shoreland Permit approval, which is part of the file. Romy stated the new construction does not impact access to the house and the utilities to the house are not impacted. There are steps from a new cantilevered deck to get down to the patio, the deck that is being removed was not a high deck. The new patio is about 1.5 feet above the lake level. It will be constructed of blocks with permeable spaces between them. Herb asked for any questions, there were none.
Jason made a motion to close the meeting and Bud seconded it. All agreed. The Board went into deliberation. They are putting pervious material where there was none previously so they are actually filtering the water back into the lake. Motion made by Bud to vote, Jason seconded. Franz amended the motion that it be granted on obtaining a “no objection” statement from the Conservation Commission. Jason seconded the amendment to the motion. Roll Call vote was taken: Bud approved, Jason approved, Herb, approved Franz approved, Loren approved. The Special Exception is GRANTED. Jason invited Romy to present at the next meeting of the Conservation Commission which meets the last Wednesday of the month, which is 9/27/23.
Correspondence/Reports
Secretary - none
Compliance Officer – 2 or 3 things in the works
Board Members - none
Meeting Minutes
Review and approval of Aug 17, 2023, draft minutes. Jason made a motion to approve the minutes as edited. (added explanation of RSA’s by adding lines 3 -5 in first paragraph under ZBA Fee Structure) (add explanation to second line, first paragraph under New Business). Franz seconded the motion, minutes were accepted as edited.
Old Business
Franz made a motion to accept the Checklist changes to be affective 11/1/23. Jason made a friendly amendment to accept the Checklist with a change the letter fee to $8.50 per letter do to an increase in postal fees. All voted in favor.
Herb presented the revised instructions for Variance applications. Members found the instructions helpful. Herb made a motion to accept the revised Variance instruction form, Bud seconded the motion. All voted in favor.
New Business - None
Public comment
Chris Cleaver spoke to the Board stating he lives at 16 Stone Road in Stoddard and would like to pave his gravel driveway. Harry says he needs a state permit as it is within 250 feet of the lake. He wants to also pave a walkway to his house. His walkway is within the 50-foot wetland buffer which may need a Special Exception. Suggestion was made to check into using permeable asphalt.
Adjournment
Motion made by Franz and seconded by Herb to adjourn. All in favor. Meeting adjourned 10:43 pm. The next meeting is on October 19, 2023, at 7:30 pm, at the Stoddard Town Hall.
Respectfully Submitted,
Kathleen Ellis
Secretary, Zoning Board of Adjustment