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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 Feb 9, 2010

LITTLETON ZONING BOARD OF ADJUSTMENT
APPROVED MINUTES
TUESDAY, FEBRUARY 9, 2010
COMMUNITY CENTER, HEALD ROOM
7:00 PM

Present: Chairman Eddy Moore, Vice Chair Mike Lombardi, Donna Trahan, Richard Merrow, Eugene Langdoc, Kyle Jensen (Alternate), and Joanna Ray, recording secretary.

Others: Lois Champagne, Damus Champagne, Angel Stone, Gregory Sorg, Veronica Francis, Charles Flanders, Mark Brusseau, Michelle Porlo, King Covey, Merlene Hagan, Jessica Hagan, Ron Bolt, Alison Bolt, Mary Edick

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.

The applicant has requested the hearing to be continued until March 23, 2010. Chairman Moore reported to the Board what he has found out regarding the drainage of the lot after speaking with Leon Geil and George Chartier. Some items discussed were:
Ø Having the parking lot designed by an Engineer
Ø Retaining wall
Ø Underground spring
Ø Drainage of the lot to the DOT storm drain
Ø DOT approved design to handle the runoff

The spring on the property was given town drainage years ago, but no one knows much about it. There was no need for discussion, just letting the Board know. Applicant hired Provan & Lorber for engineering advice.

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 March 23, 2010 at the Littleton Community Center, Heald Room, 7 PM. Donna Trahan seconded the motion. The motion passed 5-0.

NCIC, Owner / Mark Brusseau, Applicant / King Covey, Agent – Request for a Variance relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow manufacturing at 646 Union St, tax map 80-284, in the R-I & Commercial & Industrial zones.

Eugene Langdoc made a motion to accept the case as complete. Vice Chair Lombardi seconded the motion. The abutters were notified by certified mail. The hearing notice was in the Caledonian Record. The case fees were paid. There were no conflicts.

Mark Brusseau presented. The business will be making plastic tubing for the medical industry. Pellets will be put into a machine and melted. There will be no hazardous matter and no fumes. This will be done in the rear section of the building. There will be an area built inside the building for the melting. The melting temperature will not be over 600 degrees. There are strict guidelines to follow for this type of work. There will be no storage of chemicals or flammable materials. There will be no exhaust, dust, particulates, or odors. This is not a business that would harm or injure anyone outside of the structure.

Richard Merrow asked about how the plastic was melted. It will be electric heat. Mark Brusseau assured Richard that nothing outside of the building would be harmed. The tubing is cooled by the time it hits the water tank.

This property has Town water and sewer. There will not be any windows added to the building.
Chairman Moore explained that this property is in 3 different zones. The building for the proposed business is completely in the R-I zone.

Richard Merrow mentioned that this building was permitted in the past. Mark Brusseau stated that the proposed work is the only thing he is planning on doing. The number of employees will only be 2, but might increase to 10 within the next 10 years. Mark did not know if the building had a sprinkler system.

Lois Champagne stated that there is a lot of activity on that property. This part of the property is zoned residential. Mark Brusseau informed Lois that there would only be one delivery per day and the trucks would be delivering to the left side of the building. Mark reminded Lois that there would be no noise from his business.

Damus Champagne asked if there would be more than one shift. Mark Brusseau said there would only be one shift that would be 8 AM – 4:30 PM.

Angel Stone asked Mark Brusseau to confirm that there would be no noise. Mark confirmed this. Angel also asked if employees would be smoking outside. Mark said if that would be a problem, he could make a smoking room inside or tell the employees there is no smoking on the premise.

Kyle Jensen asked Mark Brusseau to confirm that the work would only be extrusion. Mark confirmed this.

Lois Champagne asked if someone else could use the building for a commercial use after the applicant was done with his business. Chairman Moore stated the Board could restrict this approval to the proposed use only. Any other uses would need to come back to the Board. The Board cannot stop the applicant from selling the business and letting them use it for the same business.

Chairman Moore informed everyone that granting this approval does not change what zones the property is located in. To change the zones there would need to be an article on the warrant for the Town to vote on.

Merlene Hagan asked the applicant to confirm that there would be no exhaust. Mark Brusseau said that everything goes through a filter.

Mary Edick discussed the melting temperature of 600 degrees. This is not much hotter than a household oven. Mary asked how the scraps would be disposed of. Mark Brusseau stated the scraps would be thrown out in the trash. Mark would like to recycle it. Mark will put the rubbish in his own locked dumpster.

Damus Champagne asked what the recourse would be if this were approved but the applicant doesn’t comply with the approval. Chairman Moore stated according to the Zoning Ordinance, it is the Zoning Officers responsibility to check for compliance.

Chairman Moore read the questions and answers from the application.

Chairman Moore stated for the record that the way a variance is granted has changed as of January 1, 2010. The rules have been tightened.

The public input portion of the hearing was closed. Chairman Moore noted that the applicant’s answers are not very accurate. Richard Merrow said that everything will be inside and will not affect the kids outside. Vice Chair Lombardi felt this use was low impact. Donna Trahan agreed that the melting would not be much hotter than a house oven. There would be an electric heater. Donna suggested restricting the use to just the proposed. If the applicant wants to expand, he can come back to the Board. The restriction would apply to the next owner of the business if the applicant happens to sell. Perhaps the approval could be limited to 10 employees.

The Board agreed that the variance would not be contrary to the public interest because the operation would be safe and contained and low impact.

The variance is consistent with the spirit of the ordinance for nearly the same reasons. This use is self-contained for extrusion. It will not change the character of the neighborhood.

Substantial justice is done because it makes use of an otherwise unused building.

There will be no diminished value of surrounding properties because it will not be noticed by anyone outside. Storage will be inside the building.

Literal enforcement of the ordinance would result in unnecessary hardship because the property is split and makes use of the property inconsistent. If this property were entirely in the C zone, the use would be allowed with fewer than 10 employees. There are other commercial businesses in the area. This building was used for packaging when it was the Coin Company.

The proposed use is a reasonable one because it is not adding another building. It is consistent with the use of the rest of the commercially zoned property.

The Board discussed possible conditions if approved.

Eugene Langdoc made a motion to approve NCIC, Owner / Mark Brusseau, Applicant / King Covey, Agent – Request for a Variance relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow manufacturing at 646 Union St, tax map 80-284, in the R-I & Commercial & Industrial zones, with the following conditions:

Ø The approval is limited to the production of plastic tubing for the medical industry
Ø The business is not to exceed 10 employees
Ø The applicant must comply with all Federal, State, and Town regulations

Vice Chair Lombardi seconded the motion. The motion passed 5-0. The applicant was informed of the 30-day appeal period.

Eugene Langdoc made a motion to accept the minutes from 1-12-10 as written. Donna Trahan seconded the motion. The motion passed 5-0.

Eugene Langdoc made a motion to accept the minutes from 1-26-10 after correcting a grammatical error. Donna Trahan seconded the motion. The motion was passed 5-0.

Eugene Langdoc made a motion to adjourn at 8:45 PM. Vice Chair Lombardi seconded the motion. The motion passed 5-1.

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.