Planning & Zoning Board Notices & Minutes

Sep 11, 2018

Approved Zoning Board Minutes - September 11, 2018


       

 

   

  

LITTLETON ZONING BOARD OF ADJUSTMENT
TUESDAY, SEPTEMBER 11, 2018
LITTLETON COMMUNITY HOUSE
120 MAIN STREET
6:00 PM
APPROVED

 

PRESENT:  Chair Jessica Daine, Vice Chair Jerry LeSage, Jim McMahon, David Rochefort, Ralph Hodgman, and Joanna Ray (recording secretary)

 

EXCUSED:  Eddy Moore and Guy Harriman

 

OTHERS: Chris Cyr, Sierra Landry, and Milton Bratz (Zoning Officer)

 

Chair Daine called the meeting to order at 6:00.  All regular members were present.

 

Continuation of: Littleton Meadow LLC, Owner / WJP Development LLC, Agent – ZBA18-08 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow a side setback less than the required 25’ on Meadow Street, tax map 82-19, in the C-I zone. Per request of the applicant, this hearing will be continued again until September 25, 2018.

 

Sierra Landry & Theron Barden, Owners/Applicants – ZBA18-10 – Request for a Special Exception relating to Article VI, Section 6.12 of the Littleton Zoning Ordinance to allow the raising of livestock at 742 St. Johnsbury Rd., tax map 55-3, in the R-2 zone.  The hearing notice was posted in the newspaper, abutters were notified, and the hearing fees were paid.  Chair Daine accepted the application as complete.  The application indicated that the property is 8.31 acres.  The request is to raise three pigs for slaughter.  The applicant did not believe property values would be decreased.  The animals will be contained and well taken care of.  The requirements for raising livestock will be met.

 

Sierra presented a sketch of the property which indicated the location of the house and the pigs.  Brittany and Justin Washburn are the abutters to the side of the property where the pigs will be located. The Washburn’s were not present, but Sierra said they were not opposed to this request.  Chair Daine asked how many pigs would be there.  Sierra replied three.  She will come back to the Board in the future if she wants chickens. Chair Daine asked how many acres are usable for the pig area. Sierra replied that 5 acres are not wet and that is more an enough land per the regulations. Ralph asked about the slope behind the house.  Sierra replied that there is some flat area behind the house before the slope and swamp.  The pigs are at the side of the house near the wooded area.  The penned area will be flat.  There is about a full acre before the swamp area starts.

 

Vice Chair LeSage asked about the smell and if it would reach the hospital.  Sierra replied that she didn’t think the smell would go that far because there is a lot of land between their properties and the hospital is up higher.  LeSage noted that the hospital was notified of this hearing and they did not respond.

 

David asked about the shelter.  Sierra replied that the shelter will be enclosed and then a paddock area.  There will be fencing that is the same as for horses but will go deeper into the ground and contain a live wire.  David asked how far the pigs would roam if they escaped the pen.  Sierra replied that they cannot access Route 93 and she doesn’t think they would go up to the main road.  Pigs are food driven and most likely aren’t going to roam out of the yard.  They will be transported to the slaughter house at about 200 pounds.

 

Ralph asked about how the waste would be disposed.  Sierra replied that the waste would be mixed with other compost for the gardens.  It is located further back beyond the pen.  The compost with the waste is turned over for future use.  Jim asked if Sierra had read the waste storage requirements.  Sierra replied yes and the distances were measured to meet the regulations.  Jim asked where the well was located.  Sierra replied that the well is closer to the house and up higher than the pigs.

 

Ralph asked if the meat would be sold.  Sierra replied no.  She has a big freezer and some family members will get meat.

 

Chris Cyr is the neighbor across the street.  He thanked Sierra for explaining what she wants to do and added it is a well thought out plan.  Chris was concerned about the smell and whether or not future owners could have any amount of pigs.  Sierra stated that it is a short season with them and she is only planning on having three pigs.  She also added that she would address any concerns that her neighbors had.  Vice Chair LeSage suggested finding out if there is a way to repel the smell. 

 

Milton asked if the Special Exception would stay with the property for future owners.  Chair Daine replied that the Board could condition the approval for just this use.  Sierra stated that she is not planning on raising pigs every year.  Joanna stated that she thought the regulations stated the use cannot be discontinued for over a year.

 

Milton noted the noxious comment in Section 1.01 of the Littleton Zoning Ordinance.  That could apply to raising animals, but there is no other reference in the ordinance.  Jim informed Sierra that the NH Cooperative Extension has information about how to address the odors. 

 

Ralph asked how long Sierra would have the pigs before slaughtering them.  Sierra replied that she will not be getting piglets and the season is about a year or until they get to 200 pounds.  Chris asked about their food.  Sierra replied that she will feed them grain and produce scraps from the Littleton Coop.  She will also ask Shaw’s to donate their produce scraps. 

 

Chair Daine closed the public input.  The Board reviewed the submitted findings of the facts.  The Board agreed that the site is appropriate.  There is ample acreage.  No Board member thought that property values would be diminished.  The raising is for a short amount of time and the applicant is aware of the need to work with their neighbors.  The animals will have pens.  The Board agreed that there will be adequate and appropriate facilities for the proper operation and maintenance.  Sierra added that the pigs huddle and they will have a structure with a door. The plan is to get them at the end of winter or early spring and slaughter them by the next winter.  Chair Daine suggested granting approval for four pigs.  Ralph added that the pen will be for the amount of pigs they have.  Chris was agreeable if there were four pigs.

 

All Board members agreed with the findings of the facts.

 

Vice Chair LeSage made a motion, based on the key findings of the facts, to grant without prejudice the request of Sierra Landry & Theron Barden, Owners/Applicants – ZBA18-10 – Request for a Special Exception relating to Article VI, Section 6.12 of the Littleton Zoning Ordinance to allow the raising of livestock at 742 St. Johnsbury Rd., tax map 55-3, in the R-2 zone with the following conditions:

  • The proposed will be for a non-commercial use
  • The slaughtering will be done off site
  • Up to four pigs are permitted
  • The applicant must comply with all Federal, State, and Local regulation

Ralph seconded the motion.  The motion passed by all.

 

Review of August 28, 2018 minutes

Regarding the Whiting case, Jim clarified that he wanted to make sure each property had its own well.  Jim made a motion to approve the minutes as amended.  Vice Chair LeSage seconded the motion. The motion passed by all.

 

Milton explained to the Board that he will be attending the ZBA meetings so that he will understand what decisions need to be enforced.  He also informed the Board that he schedules visits or drives by the properties that have open building permits.  In the future, Milton will inform the ZBA of violations that most likely will require an application to the Board.   

 

At 7:10, Ralph made a motion to adjourn.  David seconded the motion.  The motion passed by all.

 

Submitted by,

Joanna Ray