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2010 Meeting Minutes and Agendas

Planning & Zoning

View Meeting Minutes for: | 2010 | 2009 |

Approved Zoning Board Minutes Mar 23, 2010

LITTLETON ZONING BOARD OF ADJUSTMENT
APPROVED
TUESDAY, MARCH 23, 2010
COMMUNITY CENTER ANNEX
7:00 PM

Present: Chairman Eddy Moore, Richard Merrow, Eugene Langdoc, Kyle Langdoc (alternate), Donna Trahan, Joanna Ray (secretary)

Excused: Vice Chair Mike Lombardi

Others: Ed Boynton, Mary Edick, Marghie Seymour,

Chairman Moore called the meeting to order at 7:10 PM. Chairman Moore explained that Herb Lahout’s three cases would be heard at the same time, but decided on separately.

Herb Lahout, Owner / Horizons Engineering, Agent – ZBA10-04 – Request for a Special Exception relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow 7 multi-family buildings containing 56 units off of Joe Lahout Ln, tax map 100-14, in the R-I zone.

Herb Lahout, Owner / Horizons Engineering, Agent – ZBA10-05 – Request for a Variance relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow warehouse units off of Joe Lahout Ln, tax map 100-14, in the R-I zone.

Herb Lahout, Owner / Horizons Engineering, Agent – ZBA10-06 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow non-conforming setbacks off of Joe Lahout Ln, tax map 100-14, in the R-I zone.

Chairman Moore explained the three cases. He also explained that the applicant would speak with the Board asking questions throughout. Next, the abutters would be given a chance to speak and then non-abutters. One person is to speak at a time. Kyle Jensen, alternate, would be the fifth voting member tonight.

Selectboard member, Marghie Seymour, stated she felt Chairman Moore should recuse himself due to a conflict oF interest. Marghie referred to RSA 673:14. They were recently in a political debate and Chairman Moore had put signs on Mr. Lahout’s properties. Chairman Moore did not agree there was a conflict because he had put signs on numerous properties. Marghie asked to be on record that she felt Chairman Moore had a conflict of interest. Chairman Moore let the Board vote on it. Eugene Langdoc stated if Chairman Moore had to sit out, he would leave there would be no need to reappoint him. Richard Merrow, Donna Trahan, and Kyle Jensen all felt there was no conflict.

Marghie Seymour stated that she also felt Richard Merrow and Donna Trahan had a conflict of interest due to comments they made at the April 14, 2009 meeting. Richard was quoted as saying they couldn’t think of a better place in town for these apartments and Donna Trahan agreed. Marghie felt they were coming into this case with the preconceived notion about this being approvable or not. Richard said that was a different case. Donna said that was for what Herb brought before them at that time and not today. Marghie wanted this to be on record.

Marghie Seymour also stated that Donna Trahan might have a conflict of interest because Herb Lahout is also a developer. Donna stated she sits there fairly. Marghie wanted this to be on record.

Herb Lahout stated that he has been before numerous Boards and he feels that this Board has busted his chops the most over the years. They are difficult, but fair.

No other conflicts were noted.

Eugene Langdoc made a motion to accept all three of Herb Lahout’s applications. Richard Merrow seconded the motion. The motion passed 5-0. The notice was in the newspaper and the abutters were correctly notified. The hearing was paid for tonight.

Herb Lahout presented his case and submitted plans for the Board to look over. Herb stated that he builds apartment buildings for a living. He is asking permission to build more apartments on his 29 acres of land. Reduced setback approval is needed. This will be a private road. The apartments are built closer than allowed to the road in order to cut fewer trees. He is also asking for approval for storage sheds. He thought this would be good for the residents. They do not have much storage in the apartments. If the storage were not approved, he would like to put apartments in their place. Herb does not intend for this road to be Town maintained. However, he realizes it would need to be built to Town specs.

Herb has spoken to Fire Chief Mercieri, Highway Operation Manager George Chartier, and Water & Light manager Tom Considine. None of them had any problems with the submitted plan. There will be plenty of water. There will be a turn around area for emergency responders. Herb stated the Chief Mercieri did not feel there would be any problem with the cars parking in front of the apartments and backing out.

At a preliminary meeting with the Planning Board, that did not have to be noticed, it was suggested that Herb consider building a berm or hedgerow behind the last building to insure privacy for the neighbors and residents.

Herb likes to make his projects as green as possible. He showed a picture taken around 1955. The property used to be farm and pasture and not very wooded. Herb recently had some trees cut so that there are still trees on the lot.

Ray Lobdell, wetlands expert, was present in case there were any wetland question. Mike Norman, Horizons Engineering, was present for any technical questions. This project could cost around 3-4 million dollars and Herb plans on using local contractors. There would be very little impact on Town services other than children going to school. His apartments house elderly, special needs, and “the working Joe”. There is currently a waiting list. There are mostly studio, 1 and 2 bedroom apartments.

There was discussion about the new road and what the grades would be. Mike Norman stated it starts at –5 to +5 for the first 65-70’. It then goes to 10% and then 4% across the storage units and 2% beyond those. After that it goes back to 10% until you get across the wetlands and up to the actual units with 4% across the parking lot to 2%. There is zero intention to have the Town maintain the road. The Town currently maintains a portion of Joe Lahout Ln, up to a hammerhead.

The setbacks of the storage units are on the edge of the 50’ ROW. Setbacks in the R-I zone are 25’, so the applicant is asking for zero. Mike Norman stated there would be 22’ of pavement and 2-4’ shoulders. Pushing back the storage units would mean more earthwork and blasting to make room. Herb said that storage units were not visited often. There is an additional turn around area by the storage units.

There was discussion about the front of the apartments not meeting the setback requirement. The tenants would be parking their cars in the ROW. The ROW is 50’ with a travel way of 25’, 20’ parking space, a 5’ sidewalk, and at least 10’ to the front of the building. Herb felt it is the same situation as the AHEAD project on Manns Hill Rd. Designing the project this way means less disturbance of the land.

Chairman Moore asked about the water and sewer. Herb said he has met with Tom Considine at Water & Light and he did not have any problems. Herb has done this enough to know not to waste everyone’s time by not contacting all of the Town departments. Mike Norman explained the sewer would be gravity fed to a central pump station and then a force main back up. Mike confirmed that the Town has adequate water. There will be an 8” main and it meets minimum flow and pressures. Herb stated they have been working on this plan for over a year. It is not hastily done.

Herb commented on how the residents like to sit on the back porch and look at the views. Clear cutting would increase the view, but he has decided against it.

Chairman Moore mentioned the past issue of drainage. Is this plan engineered so the problem does not get any worse? They are in the process of applying for an Alteration of Terrain permit. Ray Lobdell is finalizing the drainage design. There is also a need for a wetland permit. This will also be presented to the Planning Board.

Chairman Moore also asked about walkways along Joe Lahout Ln. Herb has put in a sidewalk with crushed blue stone. This is in the area where kids can be picked up for school. Heidi said there are 7 kids. Most of them are in elementary school. There are not many 3-bedroom apartments so there are not many families.
There are mostly working adults as tenants.

Eugene Langdoc asked if there were any walkways from the far end. Herb would consider any suggestions, such as cutting a path through the woods. Any trail through the woods would need to be included in the wetland application. There is a small playground for the kids. The Planning Board usually gets into those details. The ZBA looks at what is being built and the setbacks and the services being adequate. The ZBA gives recommendations.

There was discussion about lighting. There have been some complaints, but fire code states that there needs to be lighting on the exit stairs.

This project will be a gradual build, probably 2 buildings at a time as need demands it. Doing it all at once would be cheaper.

The next discussion was the storage units. A person renting an apartment will be offered the storage units to rent. Herb will also be renting these to the public. If renting the units fails, he will go for more apartment buildings. Herb hopes they will be rented to his tenants. About 45% of Herb’s storage rentals are from their tenants. Herb feels this will keep the property neater.

Richard Merrow mentioned Chief Mercieri’s concern over no fire hydrants being on the plan. Mike Norman said there would be some, but they are not shown on the plan right now.

Herb Lahout stated the last building is about 365’ from one neighbor, 630’ from a second neighbor, and 790’ from a third neighbor. He hopes this will take care of the concerns over sound and light pollution.

Chairman Moore opened the hearing up to the abutters. Jane Cusick asked about the property line setbacks. Mike Norman said the apartments exceed them. The setbacks are 25’ for the rear and front and 10’ for the sides. The building on the end is 80’. The storage units are 200’ from property line and 30-40’ lower than the trees. The proposed road crosses over Wendy Hazlett’s property. Wendy stated there is a recorded easement.

Marghie Seymour is the abutter that is 365’ feet away from the closest building. Marghie asked the Board to confirm that the Zoning Ordinance online is current. Marghie pointed out Article X, Section 10.01.03, required setbacks for multi-family housing. The section states that the front setback of all apartment buildings from pubic and private right-of-ways shall be 40’. The setbacks along with side and rear property lines of the entire parcel shall be 25’. Mike Norman stated a variance was needed regardless of what the requirement is. The plan does not meet the requirement. The application has a correction and it should read 40’.

Marghie submitted a letter to the Board members and a few of the attendants. The letter is dated March 23, 2010 and addresses each of Herb’s cases for tonight. A complete copy of this letter will be kept in the case file.

Herb Lahout stated he respected his neighbors point of view, but felt some of it was an exaggeration and untrue. Chairman Moore said the Board would take the letter into consideration.

Gail Kimball is an abutter that is downhill from the proposed expansion. Gail felt Marghie did a thorough job describing the situation and if it does not sway the Board’s decision, she does not know what will. The water in the yard and on the road has increased. There are problems with wells since the development began. Gail had to replace a water heater because of the dirt getting into the well. The rights of the abutters should be considered.

Kathy Devine stated she also has water problems. Kathy felt that the reason she needs to change her water filter every 3 weeks was because of the development. Her cousin has an underground spring and had to dig it up. The problems with water have grown as the development has grown and she would like the Board to figure out how this could be affecting their water. Kathy claims that the zone was changed and what was proposed to make that change is not what is going on there now. Kathy also explained that the Town drilled an Artesian well years ago because the Town thought it might be a good alternate well source. The well is only good enough to serve 5-10 houses. There are only 2 houses now that use that well.

Herb stated he sympathized with Kathy. Herb offered an easement to hook into his Town water line. The residents would rather have the clear spring water they used to have.

Helen Pelletier said she bought her house 4 years ago and it was calm. Now it is trashy and there is dog poop. Perhaps there are not enough dumpsters.

Sharon Craigie is not an abutter, but lives in the R-I zone. Sharon asked if multi-family housing was allowed in the R-I zone. Yes, with a Special Exception. A Variance is needed for the setbacks. Sharon mentioned that the ZBA used to make sure there is “green areas” for the kids. Sharon felt that the storage units should go along with the renters and not charged extra. She also suggested getting it in writing that Herb said he has no plans to ask the Town to take over the road. It seems that Herb keeps changing his plans. Sharon has nothing against the people that live in this type of housing, but there are appropriate zones in Town for it. Herb knew what he could do with the land he was buying. More residents will mean more services needed.

Sharon Craigie asked who owns the wooded property around his lot. Perhaps someday someone would like to build around it. It is all R-I land. Sharon felt that having this development might diminish the value of the properties. She said Marghie’s presentation was fantastic.

Herb respected Sharon’s opinion. He said he’s tried to balance the project and thought the storage units would be better than more apartments. He also felt that there is plenty of green area. Sharon asked about an area of wetlands. Herb stated he did not have a grand scheme to develop. He had the lots for sale, but they never sold.

Jonathan Martell stated he couldn’t afford to buy a home and this is a beautiful place. He couldn’t ask for anything better.

Marcie Hornick, lives on Kimball St, asked how many parking spaces were planned. Herb stated there would be 1.5 spaces per apartment. Marcie has noticed there has been some double parking. Heidi Hurley, Lahout property manager, stated that if she knows of a parking issue, the tenant would get a notice to remove the car. There have been no tenant complaints about parking. The area is always maintained. Herb says if parking is a problem, he will add more. Traffic is also an issue and there is no place to walk. Marcie is commenting on what she has observed. Marcie reminded Herb that after the 11th building in March 2009, he said he was done building. However, Herb has also said that he has been working on the current proposal for about a year. Marcie feels Herb cannot be believed and you cannot trust his word. Chairman Moore said that Herb’s promise is irrelevant. The Selectboard accepts roads.

Eleanor Cushing lives on Joe Lahout Ln and has been happy living there. The idea of storage is better than having more apartments. This is a good idea for the tenants to store their things.

Greg Sorg asked Herb how he would use of the land if there was no Special Exception or Variance granted. Herb discussed how he acquired the property and that he enjoys building apartments. Herb also stated he enjoys visiting the apartments and picking up the garbage. Herb tried to sell 4 building lots. What are the permitted uses? Greg wanted to know how Herb, if he doesn’t know what he could do with the land, could prove unnecessary hardship. Herb felt his hardship was stated in the application.

Annie Crowley, housing specialist for CAP, read a letter that is part of the case file. She works with people that are on a long waiting list for subsidized housing. Thousands are spent on housing for the homeless. Herb and Heidi have been helpful in finding places for homeless. Annie also performs inspections. Herbs places are clean and safe. Those without transportation need to live where they can walk to work.

Wendy Hazlett, abutter, commented on the traffic. She has not seen any problems with it. Wendy also hasn’t seen problems with trash or stray animals. She is trying to sell her house and the reasons she has been given for people not wanting to buy had nothing to do with Herb’s apartments.

Roberta Lavoie, spoke on behalf of her son who lives on Kimball St. The people on Kimball St are against this. These apartments should be built in the proper zone. There is no privacy anymore and they are impacting the values of other homes.

Herb stated that people should do their research of what is allowed in their zone. This is an allowed use by Special Exception.

Chairman Moore said that the Town is running out of places to put multi-family homes in areas that have Town services. Putting these buildings on private lots would be costly because they would need to put in their own water and sewer.

Mary Edick asked if there is a process to change the uses in the zone to allow multi-family housing. Chairman Moore said it could be voted on. Eugene Langdoc said the Zoning Ordinance has some exceptions and if people don’t want those any more, the Town can vote to remove them.

Roxanne Bowker, Morrison Hill Dr, discussed the additional traffic. There should be a study done with the traffic before any other buildings are allowed.

Sharon Craigie sympathizes with people that are looking for apartments and she understands the Town is running out of room for this use. She asked the Board if it means there should be impact on other zones. Chairman Moore was just making the statement of what he sees happening.

Jeff Winn asked if cluster housing allowed in R-I. Kyle Jensen said it is allowed with the same process as tonight. Jeff also wanted to know how long a Special Exception is good for. A variance is expired if not undertaken within a year. A Special Exception stays with the property. When someone comes in for a Special Exception the applicant specifies how many units. Chairman Moore said the applicant would have to start the first building within a year. The applicant needs to specify how many multi-family houses.

Chairman Moore read through the applications and the findings of the facts.

Herb stated he would make however many parking spaces the Board requests. Herb also said that he has encouraged his tenants to plant gardens if they would like.

Kyle Jensen discussed the Variance to allow the storage units. If Herb were not planning to rent them to the general public, would a Variance be required? Kyle read the definition of accessory structure from the Zoning Ordinance. They would become accessory buildings to the tenants. Eugene Langdoc said he associated an accessory building with a single-family home. An accessory building does not have to be attached and it could be located anywhere on the property. Chairman Moore agreed with Kyle. Chairman Moore went on to ask Herb if he would be willing to have the storage units restricted to the tenants. Herb said he would if it makes the Board happy. The Board will take this into consideration.

The Board agreed that there would not be a decision tonight. There is information that needs to be reviewed before the Board could reach a decision. The Board will also take into consideration the traffic issue.

The public input portion was closed. There will be no public input at the next hearing. Eugene Langdoc made a motion to continue the following cases until April 13, 2010 at 7:00 PM at the Annex.

Herb Lahout, Owner / Horizons Engineering, Agent – ZBA10-04 – Request for a Special Exception relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow 7 multi-family buildings containing 56 units off of Joe Lahout Ln, tax map 100-14, in the R-I zone.

Herb Lahout, Owner / Horizons Engineering, Agent – ZBA10-05 – Request for a Variance relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow warehouse units off of Joe Lahout Ln, tax map 100-14, in the R-I zone.

Herb Lahout, Owner / Horizons Engineering, Agent – ZBA10-06 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow non-conforming setbacks off of Joe Lahout Ln, tax map 100-14, in the R-I zone.

Donna Trahan seconded the motion. The motion passed 5-0.

The Board moved onto the following case:

CONTINUED: 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.

Kyle Jensen will be a voting member for this case. There were not conflicts. Chairman Moore reminded everyone that the Board had questions regarding drainage.

David Keller presented. David introduced James Murn from Provan & Lorber. David Keller stated he would not be paving the parking lot. James stated he prepared a survey for drainage analysis. The complete analysis will be in the case file. James did not feel there was any need for mitigation. There is no evidence of concentrated flow or erosion coming off of the parking lot. The site appears stabilized in its current condition. There were no findings of a spring or drainage on the property. There does not appear to be any damage to Veronica Francis’s property. There was a recommendation to put curb stops on the lower lot to stop cars from driving over the hill. Hillside Ave has drainage in the ditches and James did not see erosion from parking lot runoff.

James Murn stated that Leon Geil, State DOT, agreed with the results of the study and felt that the calculations were appropriate. As long as there is no impervious pavement there will be no problem with drainage on the lot. There is a pervious pavement available that allows drainage. David Keller repeated his statement about not paving the lot.

Richard Merrow read the comment from George Chartier. George stated the area being referred to as a sidewalk is not a sidewalk. This area was a previous driveway.

David Keller has installed the curbs in the parking lot.

David Keller pointed out the bullet points on page 6 of the Provan & Lorber report. This report will stay in the case file.

Veronica Francis asked if there are any setback requirements for a parking lot. Chairman Moore did not find any requirements in the Zoning Ordinance. There are only setback requirements for structures.

Greg Sorg asked James Murn if the entrance is safe on this steep hill that is in ill repair. James stated the weather and maintenance should be considered. This is a steep hill, 22% grade, and there are other steep roads in town. It appears to get adequate maintenance.

The Board was advised to not take any position on the utility lines that the property is involved in. This is a civil matter.

David Keller stated one of the options suggested was to change the slant to the upper level. The reason for this design was to keep the water and septic lines where they are.

The board is not taking any position on the utility lines that the property is involved in. It is a civil matter.

Greg Sorg asked who advised the Board to not take a position on the utility lines. Attorney Bernie Waugh advised. Kyle Jensen stated he has been informed of the matter. Greg felt this was an issue the Board should deal with.

Veronica Francis asked if the water and sewer lines should have been shown on the proposed parking lot plan. Chairman Moore repeated the Board would make no comments on the situation. Veronica stated her house is worthless at this point. Chairman Moore explained there would be a clause on the approval. Attorney Bernie Waugh suggested the following clause: “The Board notes that abutters to this property have asserted a claim to an easement across the applicant’s property by implication or adverse possession. The Zoning Board of Adjustment has no jurisdiction over any such claim. This Special Exception is being granted subject to the assumption, and condition, that the applicant or his successor-in-interest either now possesses, or will later acquire, sufficient property rights to complete the project as proposed.” If the Board grants this Special Exception, this clause will be included.

David Keller stated that until the construction started, no one knew the water and sewer lines were there.

Veronica Francis said a buffer would be nice. David Keller said the buildings would have fallen down if not purposely removed. Greg Sorg asked if a screen of trees planted on the bank could be considered. Chairman Moore said there is always the issue of who would maintain the screen. David did not have any problem with that. The Board cannot force someone to maintain it.

Jeff Winn felt the Board could see that this design is working because it is already constructed and being used. They have been able to see how it works since last fall.

The public input portion was closed.

Richard Merrow doesn’t feel this design is affecting anything. Chairman Moore was concerned with drainage and it has been addressed as long as it is not paved. Donna Trahan said there has been a downpour and it is taken care of.

Kyle Jensen asked Jim Murn about the pervious pavement. The DES considers this a pervious topping. Runoff would be the same if the pervious topping were installed. David Keller asked if a condition could be to allow this type of paving.

Veronica Francis would be concerned if it was paved because of her utility lines. David Keller does not intend to pave, but if he chose to, he would be glad to tear up the part that covers the utility lines if they were to be moved.

The public input portion was closed again.

The Board agreed with the findings of the facts.

Eugene Langdoc made a motion to approve 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 with the following conditions:

Ř No impervious paving product is to be installed
Ř The Board notes that abutters to this property have asserted a claim to an easement across the applicant’s property by implication or adverse possession. The Zoning Board of Adjustment has no jurisdiction over any such claim. This Special Exception is being granted subject to the assumption, and condition, that the applicant or his successor-in-interest either now possesses, or will later acquire, sufficient property rights to complete the project as proposed
Ř All Federal, State, and Town regulations

Donna Trahan seconded the motion. The motion passed 5-0. There will be a 30-day appeal period and an approval letter will be sent out.

Eugene made a motion to adjourn at 10:30 PM. Donna Trahan seconded the motion. The motion passed 5-0.

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.