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Town of Littleton

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2010 Meeting Minutes and Agendas

Planning & Zoning

View Meeting Minutes for: | 2010 | 2009 |

Approved Zoning Board Minutes Jan 26, 2010

LITTLETON ZONING BOARD OF ADJUSTMENT
APPROVED MINUTES
TUESDAY, JANUARY 26, 2010
COMMUNITY CENTER, HEALD ROOM
7:00 PM

Present: Chairman Eddy Moore, Vice Chair Mike Lombardi, Richard Merrow, Eugene Langdoc, and Joanna Ray (recording secretary)

Absent: Donna Trahan, Kyle Jensen

Others: David Keller, Ed Boynton, Greg Sorg, Veronica Francis, Charles Flanders, Jeff Winn

G. David Keller, Owner – ZBA10-02 – Request for a Special Exception relating to Article IV, Section 4.02.05 of the Littleton Zoning Ordinance to allow a parking lot as a primary use at 5 Hillside Dr, tax map 78-36, in the C-I zone.

Eugene Langdoc made a motion to accept the application. Mike Lombardi seconded the motion. The motion passed 4-0. The case was noticed, abutters notified, fees were paid. There were no department comments.

Chairman Moore informed the applicant that he is entitled to a 5 member Board. The applicant chose to continue with a 4 member Board. There were no conflicts between the applicant and any member of the Board.

Chairman Moore explained that this lot used to have a house. A demolition permit was issued to remove the house. The lot is to be used as a parking lot therefore; the use of the lot has changed.

If the parcel were called a parking lot before 1977, before the Zoning Ordinance, then it would be grandfathered.

David Keller explained that he went to the Planning & Zoning office and was told, by Joanna Ray, he only needed a demolition permit. The lot was sold as a parking lot and that was the intention when purchased. David explained that his patrons need a place to park after midnight that is off the street. This lot was available to accomplish this.

Joanna Ray informed the Board that the need for a Special Exception was brought to her attention after her meeting with David Keller.

There was discussion about the driveway entrance. David Keller felt the current design was a safe one. George Chartier, Highway Dept., approved the lower driveway entrance. Joanna Ray is holding onto the permit until the parking lot receives the Special Exception. There is currently a drain at the base of the hill. There has been no erosion from all of the rain that just occurred.

Jeff Winn said the parking lot is fine after the recent weather. The change of use of this lot has not affected the drainage. There is a layer of stone at the bottom of the lot to drain the water into the grass area.

Richard Merrow visited the site and felt the rain had not cause any problems. Richard also noted that the Highway Dept and Fire Dept didn’t have any problems with the proposed use. Tom Considine, manager of Water & Light also didn’t have any problems with the proposed use. The Police Chief commented about possible problems with ice conditions if the water runs off of the lot into the road.

Greg Sorg, attorney for Veronica Francis and Charles Flanders, stated there have been issues with his clients water and sewer lines since the construction began. Veronica and Charles’ property used to be part of David Keller’s lot. Neither party knew the lines were there. Greg feels that David needs to bury the lines deeper or move them at his expense. Greg also feels the Board needs to take this situation into consideration. Property values could be diminished and a hazard could result. David should not be using the land in a way that negatively affects the owner of the land above it. Perhaps a retaining wall would help.

Chairman Moore said the ZBA would not be deciding who is responsible for the utility lines. The ZBA’s council suggested that they do not get involved in this civil issue. Greg Sorg asked to see this opinion in writing. The entire Board has read the opinion and agreed that the utility problem is between the two parties and not the Town.

Jeff Winn informed the Board that the original design was to create a wall, but with the water and sewer situation, only the top layer was removed. The water and sewer lines were reclaimed to 95% of what they were. The lines were discovered after stripping the topsoil about 10 inches deep. The previous owners also had trouble. Jeff has heard that the waterline froze in the past.

Jeff Winn also informed the Board that there was a repair to the sewer line in the past. The lines are PVC. David Keller left the lines exposed so Veronica and Charles would have an opportunity to fix them.

Chairman Moore asked Jeff Winn if he was the one to design this parking lot. Jeff said he designed it. Jeff said he does not have any engineering background. Having an engineering background is not required. The incline has not changed very much.

The driveway permit application was for the lower lot because the upper lot already has an entrance.

Greg Sorg said there is an implied easement and it includes the right to enter and repair. At some point someone saw the need for a repair.

Veronica Francis submitted before and after photos of her view to the parking lot. Veronica pointed out the survey markers from Gardner Kellogg. Trees were removed from the bank. Veronica felt the removal of the trees has caused the spring, from the hill, to cause erosion. Veronica also mentioned that the street is slippery because of the sand the Town has to put on it.

David Keller agreed that trees were removed from the hill. Jeff Winn stated that erosion was a drainage issue. Veronica Francis felt the change of the hill was causing the issue of drainage.

There was discussion, but not a definite answer, about how far Veronica and Charles’ house is to the property line.

Chairman Moore stated that paving the lot would also affect the water runoff. The Town should not be responsible for the runoff into the Town street. Damage could be done to the road.

Jeff Winn said he spoke with Leon Kennison, State DOT, about this issue. Connecting the Hillside Ave drainage into the State road drainage is an option.

Mike Lombardi was concerned with George Chartier, Highway Dept, not having any comments concerning this situation. Joanna Ray informed Mike that George didn’t make any comments because he didn’t have any.

Chairman Moore would like to have a licensed engineer make comments or suggestions. The actual distance from Veronica and Charles house to the lot line was also requested.

There was more discussion about a retaining wall and if it would help the erosion problem.

Jeff Winn stated that the work is already done and it is functioning fine. Chairman Moore stated that drainage would change now that the property has been disturbed. An engineer needs to give their opinion. Perhaps a design with the engineers stamp on it should be submitted. Jeff reminded the Board that the parking lot is currently being used and functioning.

There was discussion about expanding a current use. A Special Exception is needed to expand a non-conforming use.

Greg Sorg thanked the Board for listening to their concerns. Greg hopes that this situation can be handled here and not go to court. Greg will also contact Bernie Waugh and discuss the opinion he gave the Town.

Veronica Francis also showed the Board photos of the damaged sidewalk. People have to walk out into the street to get around it. Jeff Winn said that problem was there before he started any work on the lot. Veronica also stated there is a street light in the parking lot and it shines at her house. David Keller said there was a guide wire on the barn, so when the barn came down, the wire was attached to a pole. The light is not angled uphill.

Eugene Langdoc made a motion to continue G. David Keller, Owner – ZBA10-02 – Request for a Special Exception relating to Article IV, Section 4.02.05 of the Littleton Zoning Ordinance to allow a parking lot as a primary use at 5 Hillside Dr, tax map 78-36, in the C-I zone until February 9, 2010 at 7PM in the Heald Room. Mike Lombardi seconded the motion. The motion passed 4-0.

Other business:

The Board reviewed a Motion for Rehearing application. Glenna Toney submitted the application on January 19, 2010. The motion was to rehear case ZBA09-23 Sabbow & Co. Case ZBA09-23 was approved on December 22, 2009. The motion for rehearing was based on new evidence.

Mike Lombardi did not see any new evidence in the application. Mike saw a lot of definitions. Richard Merrow agreed that there is no case law about Crematoriums, but the Littleton Zoning Ordinance defines manufacturing as processing and packaging. Chairman Moore stated that cremation is taking the human body as a mass and processing it into a powder for a container and charging a fee for doing it. This is changing one material into another – a process. Mike also stated that the State defines processing in the same way the Town does. This only reinforces what the Board has already said.

Chairman Moore felt the Board made the right decision in December. Mike Lombardi and Richard Merrow agreed. The information submitted was from places other than New Hampshire. Chairman Moore said there was the option of getting a legal opinion. Mike and Richard did not feel that was necessary. Eugene Langdoc stated his opinion from the original hearing has not changed. Chairman Moore acknowledged that a Crematorium is not listed individually in the Table of Use. However, it is a manufacturing process and not all manufacturing processes are listed. People pay for the process and receive the ashes. Eugene agreed that no new information was submitted in the Motion for Rehearing.

Mike Lombardi made a motion to not grant a rehearing of Sabbow & Company, Inc / Peter C. Scott, Agent – ZBA09-23 - Requesting an appeal from administrative decision regarding Article IV, Section 4.02.06 of the Littleton Zoning Ordinance. Richard Merrow seconded the motion. The decision was based on no new information was given.

The Board decided to review the minutes from January 12, 2010 at the next meeting.

Richard Merrow made a motion to adjourn at 8:53 PM. Eugene Langdoc seconded the motion. The motion passed 4-0.

Submitted by,
Joanna Ray





Planning Board

The Planning Board meets regularly on the first and third Tuesdays of each month at 7pm.

Please contact the Planning Department at (603) 444-3996 X27 or e-mail Joanna Ray at jray@townoflittleton.org for further information or to schedule a hearing.

Zoning Board of Adjustment

The Zoning Board of Adjustment meets on the second and fourth Tuesday of each month at 7pm pending any hearings are necessary.

Please contact the Planning Department at (603) 444-3996 X27 or e-mail Joanna Ray at jray@townoflittleton.org for further information or to schedule a hearing.

Applications and Forms

For free downloadable copies of application forms and the ordinances, visit the Applications and Forms page.