Planning & Zoning Board Notices & Minutes

Jun 3, 2020

Draft Zoning Board Minutes - March 31, 2020


LITTLETON ZONING BOARD OF ADJUSTMENT
LITTLETON OPERA HOUSE
2 UNION STREET
LITTLETON, NH 03561
TUESDAY, MARCH 31, 2020
6:00 PM

DRAFT

 Present:  Chair Jessica Daine, David Rochefort, Jim McMahon, George Morgan (alternate), and Joanna Ray (recording secretary)

 Excused: Ralph Hodgman

 Others present: Joel Tuite, Tammy Ross

Chair Daine called the hearing to order at 6:00. George will be a voter for this hearing.

Joel Tuite, applicant – ZBA20-05 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow a 25’ setback on Boynton Lane, tax map 65.12.1, in the C-I and R-2 zones. The hearing was posted, abutters were notified, and the hearing fees were paid. The application was accepted as complete. The request is to allow a 25’ setback where 40’ is required.

Joel Tuite presented. He is planning to expand his eye care practice. He is currently outgrowing the location that he is renting.  This property is located on the corner of three streets, therefore it needs to meet the front setback of 40’along three property lines.  Due to some wetlands identified on the property, the buildable area is restricted. The parking area was identified. Joel explained to abutter Tammy Ross that he is proposing to build far from her property.  Tammy informed the Board that she was concerned with the wetland area that was created by her late mother.  Joel assured her that it would not be impacted. 

The public input was closed and the Board reviewed the following submitted statements:

  • The variance is being requested to allow to adjust the placement of the building with respect to one setback without a directly adjacent property.
  • The building location being proposed has no adverse effect on any adjacent property for it is being requested on a lot with an easement already in place on the same side of the site as this request.
  • The current site is bordered by three streets therefore all setbacks are to meet front setback requirements. The property also is bordered by a utility easement on the side of the variance being requested. Placement also provides for safer enter/exit to the property and allows avoidance of existing wetland area.
  • The building is set back from adjacent properties significantly based on the setback requirements and limited development area caused by this. The project is surrounded by commercial and municipal service buildings.
  • The proposed building is being proposed as to not have any visual impact to adjacent properties. It is set back from W. Main Street because of limited development area caused by setbacks.
  • Limited development area due to setback limits the buildable area of the site and restricts building size.
  • The building area of the site is significantly reduced if this variance is not granted. Due to the increase setback dimension, wetlands, and topography on other portions of the site the actual development area is very limited.

 

Chair Daine stated the proposed will keep it closer to similar commercial uses. David and Jim agreed that the lot is unique with three front setbacks needed.  George stated that with the required setbacks, the lot would probably stay empty.  Tammy Ross added that she did not want to see this business there because the area is currently congested. David stated that the proposed setback should not affect the abutters. Tammy agreed.  Chair Daine added that the lot size and wetland location creates a hardship. This site is zoned commercial and the location of this commercial building should not adversely affect the property values of surrounding properties.

Public input was closed again. No board members disagreed with the findings of the facts.  David made a motion, based on the facts discussed, to approve the request of Joel Tuite, ZBA20-05, and allow a 25’ setback off of Boynton Lane with the condition that he comply with all Federal, State, and Local regulations. George seconded the motion.  The motion passed 4-0.

At 6:25, Chair Daine made a motion to adjourn. David seconded the motion. The motion passed 4-0.

 

Submitted by,

Joanna Ray