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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 Apr 27, 2010

LITTLETON ZONING BOARD OF ADJUSTMENT
APPROVED MINUTES
TUESDAY, APRIL 27, 2010
COMMUNITY CENTER ANNEX
7:00 PM

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

Absent: Vice Chair Mike Lombardi

Others: Laura Clerkin, Kevin Clerkin, Bob O’Conner, Ed Boynton, John Tuite, Robert Anderson, Marghie Seymour, and Frank Dodge

Chairman Moore called the meeting to order at 7 PM.

Kevin & Laura Clerkin, Owners – ZBA10-10 – Request for a Variance relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow the raising of livestock (6 chickens) where the proposed use is incidental to the primary use of the property at 100 Pine St, tax map 79-101, in the R-I zone.

The application is signed and complete. Eugene Langdoc made a motion to accept the case. Donna Trahan seconded the motion. The motion passed. Richard Merrow stepped down from the case because he is an abutter. Kyle Jensen was an appointed voting member tonight because the Board is down one member. The applicants did not have any problems with a 4 member Board. There were no conflicts noted. The case was noticed in the Caledonian Record, abutters were notified and the case fees were paid. No departments had any comments.

The applicants were informed that there would be a Board of only 4 members and they are entitled to 5. They were given the option of continuing until there were 5 members. The applicants did not have any problems with the 4-member Board.

Laura Clerkin presented. They would like to have 6 hens for eggs. This will be for the family only and not a business. There will be no roosters. They currently garden and would like to add raising hens for eggs to be self-sufficient. They have been to numerous classes and farms to learn as much as they could. The hens would be fenced in on all sides. The top would either be fenced or the hens will have their wings clipped to prevent them flying out. The coop will look similar to a doghouse. Chairman Moore asked if there would be any odor. The manure can be composted. When composted correctly, there is no odor. Kevin Clerkin stated that they were told the odor would not be detected at a distance of 30’ if done correctly.

Jean Chouinard, abutter, was concerned with the possible odors. Kevin Clerkin assured her there would be no odor. Kevin stated he does not want to do anything that causes problems. Jean also asked about bears. The Clerkins stated they have had a rabbit in a cage in the back yard for 3 years and have not had any problems. The chickens would be let out in the morning, not too early, and locked in the coop at night. The only noise would be some clucking.

Bob O’Connor, abutter, commented on the improvements the Clerkins have made to the property since they purchased it. Bob is sure that they would not do anything to detract from the value of the property.

Richard Merrow, abutter, feels that their dog would make more noise than chickens. A dog would chase anyone away.

There were no other comments. Chairman Moore stated that if this case was approved, there could be a condition that the use stays with the Clerkins and it would only be for a certain number of hens. Another owner would have to reapply for the use.

Eugene Langdoc spoke of a chicken farm he worked on and the odor was hard to contain. Laura Clerkin noted that a farm of chickens would smell compared to a small flock.

Chairman Moore read the findings of the facts from the application. Jean Chouinard asked if the hens would carry diseases. Laura Clerkin said she would purchase chicks from a reliable source. Generally, if they are provided enough space and ventilation they do not get diseases. The applicant included a letter that will be kept in the file. Kyle Jensen read the letter for the record. Jean asked if everyone in the neighborhood would be allowed to have chickens if this request is approved. Eugene Langdoc stated everyone in this zone has to go through the same process. Chairman Moore did not feel he could answer the question. Others have requested and been denied.

Chairman Moore closed the public input portion of the hearing. The applicant’s presentation was very thorough. Eugene Langdoc agreed. Donna Trahan agreed that if done correctly, there is no odor. Kyle Jensen did not disagree with the applicant’s answers. Kyle was concerned with the rules and the Zoning Ordinance. The Zoning Ordinance defines livestock as cattle, sheep, swine, horses and similar types of animals. Kyle read from “The Board of Adjustment in New Hampshire” dated 2009, page 121. The exert reads “If all other lots in the zoning district are similarly affected by the zoning ordinance so that there are no ”special conditions” affecting the lot of the applicant, the applicant is not entitled to variance relief.” If poultry is not considered livestock, it would be allowed anywhere because it is not in the Zoning Ordinance. Eugene did not see any way around the Zoning Ordinance. The Zoning Ordinance would have to be changed to allow this by Special Exception. Due to the information presented by Kyle, Chairman Moore did not see how this request could be granted.

Kyle Jensen made a motion to deny Kevin & Laura Clerkin, Owners – ZBA10-10 – Request for a Variance relating to Article IV, Section 4.02.01 of the Littleton Zoning Ordinance to allow the raising of livestock (6 chickens) where the proposed use is incidental to the primary use of the property at 100 Pine St, tax map 79-101, in the R-I zone for the following reasons:

Ø The Variance would not be in the spirit of the ordinance
Ø The ordinance excludes chickens in the R-I zone
Ø The lots in the zone would be affect by this use

Eugene Langdoc seconded the motion. The motion was passed 4-0. The applicant was informed that a decision letter would be sent to them and that there is a 30-day appeal period. Anyone aggrieved during this time may appeal.

There was discussion about how to amend the Zoning Ordinance. The process can go through the Planning Board or as a petition article. Either way the Town would have to vote on it.

Robert Anderson, Owner / Dodge Contracting, Agent – ZBA10-11 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow non-conforming setbacks at 186 Main St, tax map 78-90, in the C-I zone.

Eugene Langdoc made a motion to accept the case. Donna Trahan seconded the motion. The motion passed 5-0. The hearing was noticed in the Caledonian Record, the abutters were notified, and the case fees were paid. The parcel is .27 acres. The request is for a handicap entrance and a break room for the employees. The setback requirement is 25’ in the C-I zone. There were no department comments.

For the record, Chairman Moore is a client of the applicant but he does not feel there is a conflict of interest. There were no other possible conflicts mentioned. There will be 5 members including Kyle Jensen.

Frank Dodge presented the case. The break room addition follows the line of the existing building. It would not be any closer than the rest of the building. The Variance is also for the handicap access on the other side of the building.

Robert Anderson, owner, spoke with 3 of the abutters and there were no issues. Robert is trying to improve the building and area for his employees. This improvement will also add value.

The proposed break room is between a porch and existing building. The handicap ramp is there now, but the angle takes a sharp turn and the rise is too steep. The ramp will not extend past the current ramp. The old ramp will be removed. A permit was issued to remove the garage in the back yard. There will be parking spaces near the new ramp for handicap and elderly patients. He is also trying to increase the entrance area for wheelchair requirements. There will be a roof over the ramp.

There were no abutters present and no other input was recognized. Chairman Moore read the findings of the facts from the application. Eugene Langdoc asked if there were state regulations that dictate the break room for the employees. Robert Anderson said the state requires a place for the employees to eat where they are not working on people. This is for health reasons. There were no other questions from the Board. The public input portion of the hearing was closed.

Chairman Moore commented that most of the downtown properties do not meet setback requirements. As long as they stay in-line with the present building, the Board should accommodate their needs. The distance between the ramp and the edge of the property will be 5’. The steps are part of the structure with a roof over it. The break room addition will be no closer than 18’ to the property line. Richard Merrow pointed out that buildings in the Commercial zone are very close to each other. Kyle Jensen noted that the lot is preexisting and the additions are not closer than the existing setbacks. Everyone agreed with the findings of the facts.

Eugene Langdoc made a motion to approve Robert Anderson, Owner / Dodge Contracting, Agent – ZBA10-11 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow non-conforming setbacks at 186 Main St, tax map 78-90, in the C-I zone with the following conditions:

Ø The break room will be no closer than 18’ to the property line on the east side
Ø The stairs and handicap ramp will be no closer than 5’ to the property line on the west side as shown on the submitted diagram
Ø The applicant must comply with all Federal, State, and Local regulations

Donna Trahan seconded the motion. The motion passed 5-0. The applicant was informed that a decision letter would be sent to them and that there is a 30-day appeal period. Anyone aggrieved during this time may appeal.

John Tuite & Paul Tuite, Owner – ZBA10-12 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow non-conforming setbacks at 251 Main St, tax map 78-212, in the C-I zone.

Eugene Langdoc made a motion to accept the case. Richard Merrow seconded the motion. The motion passed 5-0. The case was noticed in the Caledonian Record, the abutters were notified, and the case fees were paid. There were no department comments. There were no conflicts expressed. The Board just received what the proposed plan looks like. The addition is 24’ x 40’.

Richard Merrow stated he went to the site and there were no markers to show where the building would be built. John Tuite said it would be 5’ from the property line. His current building is practically on the property line. The garage is more than 15’ from the proposed addition. The addition would be for storage and sales floor. The location of the loading dock was considered when choosing the addition location. The roof will be peaked and the water runoff will be on the property. No one was recognized as wanting to comment.

Chairman Moore read the findings of the facts from the application. The public input portion of the hearing was closed. Richard Merrow commented on the fact the addition would be 5’ from the property line and that it would not interfere with anyone. Chairman Moore felt it was a good use of the property. This is another property that does not meet the currently required setbacks due to lot size.

Every Board member agreed with the findings of the facts.

Eugene Langdoc made a motion to approve John Tuite & Paul Tuite, Owner – ZBA10-12 – Request for a Variance relating to Article V, Section 5.01 of the Littleton Zoning Ordinance to allow non-conforming setbacks at 251 Main St, tax map 78-212, in the C-I zone with the following conditions:

Ø The 24’ x 40’ addition is to be no closer than 5’ on the west side property line
Ø The submitted map is to be part of the decision
Ø The applicant must comply with all Federal, State, and Local regulations

Donna Trahan seconded the motion. The motion passed 5-0. The applicant was informed that a decision letter would be sent to them and that there is a 30-day appeal period. Anyone aggrieved during this time may appeal.

The building permits for the approved requests would be issued after the 30-day appeal period.

The Board moved on to review the 2-09-10 minutes. A grammatical error was corrected. Eugene Langdoc made a motion to approve the 2-09-10 minutes as amended. Richard Merrow seconded the motion. The motion passed 5-0.

Eugene Langdoc made a motion to approve the 2-23-10 minutes as written. Richard Merrow seconded the motion. The motion passed 5-0.

The Board discussed the Vice Chair Lombardi’s absences. If he is not interested in attending, he needs to inform the Board. Chairman Moore said he would speak with Lombardi.

The Board received the information for the upcoming cases.

The Board also received information about Sabbow and Co. being part of the Toney v Town of Littleton case.

Election of officers will be on the hearing notice for May 25, 2010.

At 9:15 PM, Richard Merrow made a motion to adjourn. Eugene Langdoc 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.