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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 13, 2010

LITTLETON ZONING BOARD OF ADJUSTMENT
APPROVED MINUTES
TUESDAY, APRIL 13, 2010
COMMUNITY CENTER ANNEX
7:00 PM

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

Others: Tom Henaghen, Eric Frazer, Laura Games, Greg Winn, Bobbi Jo Winn, Mary Edick, Marcie Hornick, Marghie Seymour, Ed Boynton, Sharon Craigie, Heidi Hurley, Linda MacNeil, Gail Kimball, Mike Norman, Herb Lahout, Robert Blechl, Paul Hayes

Chairman Moore called the meeting to order at 7 PM.

Public Service of NH, Owner / SGC Engineering, Agent – ZBA10-08 – Request for Special Exception relating to Article XI, Section 11.02 to allow an expansion to a non-conforming use at 266 Foster Hill Rd, tax map 41-8, in the Rural zone.

Public Service of NH, Owner / SGC Engineering, Agent – ZBA10-09 – Request for a Special Exception relating to Article VI, Section 6.01 to allow a fence over 6 feet in height at 266 Foster Hill RD, tax map 41-8, in the Rural zone.

Chairman Moore stated that both of the PSNH cases will be heard at the same time, but the decisions will be made separately. Vice Chair Lombardi made a motion to accept the cases. Eugene Langdoc seconded the motion. The motion passed 5-0. The hearing was paid for and noticed in the Caledonian Record. The abutters were notified. The original 5 members of the Board will hear the cases. There were no conflicts. The first case is for the expansion of a non-conforming use and the second case is for a fence over 6’ in height.

Tom Henaghen, SGC Engineering, presented the proposed expansion to the existing substation on Foster Hill Rd. Tom showed the Board the design as it is currently and what the new design will look like. There has been a growth in demand and the need to upgrade in order to serve the demand. There are some wetland areas involved in the new design and the appropriate DES permits have been applied for. The expansion will go into the existing parking and driveway area. There will be no extra traffic generated after the upgrade is completed. The security fence is 6’ high with 1’ of barbed wire at the top. From the ground up, the fence will measure 7’.

The Board was shown the present transformers and where the second spare one would be for future use. Eric Frazer, project manager, stated that the spare would not be live. Eric noted that his predecessors created the wetland area. The driveway will also need to be upgraded to allow the size of the machinery bringing in the equipment. A pervious driveway will be the final product. The wetland permit is pending at this time.

Eric Frazer informed the Board that the present transformer is smaller than the proposed spare. Anything new will not be any louder. It is a State requirement to have spare units throughout the 5-state region in case of a failure. It would only take a few months to move and install the spare at another site.

Richard Merrow asked about the back up generator. Eric Frazer said it is propane powered and would be used monthly as a test. This generator would operate the equipment only. This is about a 200kw generator. The only noise is when it first starts up.

Eugene Langdoc asked how it would affect electronics in the area. Eric Frazer said there could be an issue with communication. The equipment that controls the substation is controlled remotely, which is done by phone line. The phone line out at the substation is failing. There might be plans in the future to install a fiber-optic line.

There will be travel in the neighbors’ backyard during the construction. The driveway will not be paved after construction. Eric Frazer stated the DES does not want it to be an impervious driveway. The height of the towers will not be any higher than what they are now. The new unit will be heard, but it will be no louder that what is presently there.

Chairman Moore asked if there would be a gate. Eric Frazer said there would be a gate at the fence and at the end of the road. This new design should not affect the snowmobile trail.

Greg Winn, abutter, asked what the flagged area in the lawn represents. Eric Frazer stated those flags show where the phone lines are. Dig Safe put them there. Greg said the flags actually mark his property line. The underground phone line will be disconnected. Eric suggested that he and Greg keep in contact for the best way to handle the phone line area. Eric and the Winn’s discussed the privacy trees. Also discussed was the driveway not being paved. Rocks get into the area Greg mows. Perhaps the driveway could be paved to the tree line. Eric will ask the DES about getting approval for this after the construction is done. The driveway will be altered to accommodate the extremely large unit. The trailer bringing the unit has 128 tires and weighs about 400 tons. The proposed changes will not change the Winn’s property. Greg asked if a sound barrier could be installed if the noise is louder. Eric did not feel this was out of the question. There will be “port-a-potty” facilities during the construction, but none after. Eric will keep in contact with the Winns.

There was discussion about what type of paving the end of the driveway would have. Eugene Langdoc mentioned a pervious pavement, but Eric Frazer did not think it would hold up with the heavy equipment.

Chairman Moore told the applicant that approvals are usually given with the condition that the submitted map being part of the decision. Eric Frazer stated there might be minor changes. If there were any big changes, they would come before the board again. Laura Games suggested any minor change of configuration could be noted on the building permit.

There were no other comments and the Board did not have any other questions. Chairman Moore read the questions and answers from the application. There is enough onsite lighting to safely walk to the control house. The fence is needed because of the 230 volts. There are signs everywhere telling people to stay out. Eric Frazer stated PSNH serves the areas around Littleton.

The public portion of the meeting was closed. Chairman Moore’s only concern was the possible increase of noise. Vice Chair Lombardi felt PSNH did a nice job with the presentation. Eugene Langdoc mentioned PSNH was still waiting for the wetland permits. Richard Merrow stated the final map should be given to the Town Office. The final plan will be the basic layout with some minor changes.

All the Board members agreed with the findings of the facts. Eugene Langdoc made a motion to approve Public Service of NH, Owner / SGC Engineering, Agent – ZBA10-08 – Request for Special Exception relating to Article XI, Section 11.02 to allow an expansion to a non-conforming use at 266 Foster Hill Rd, tax map 41-8, in the Rural zone with the following conditions:

Ø The map is to be part of the decision
Ø Any minor changes to the map must be submitted to the Town Office
Ø The applicant must comply with all Federal, State, and Town regulations

Vice Chair Lombardi seconded the motion. The motion passed 5-0.

Eugene Langdoc made a motion to approve Public Service of NH, Owner / SGC Engineering, Agent – ZBA10-09 – Request for a Special Exception relating to Article VI, Section 6.01 to allow a fence over 6 feet in height at 266 Foster Hill RD, tax map 41-8, in the Rural zone with the following conditions:

Ø The fence will be no higher than 7’, including the barbed wire
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 will receive a decision letter in the mail. There is a 30-day appeal period.

CONTINUED: 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.

CONTINUED: 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.

CONTINUED: 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 read the letter submitted by Marghie Seymour. The letter requests the recording of the March 23, 2010 meeting be preserved or a full and complete transcript of the Herb Lahout case. The recording was digital and a complete transcript has never been done before. Marghie stated that the digital recording could be recorded again and downloaded as an audio file. Chairman Moore stated he would take it up with the Town Office.

Vice Chair Lombardi stated he would step down for this case because he was not present for the original meeting. Kyle Jensen will be a voting member for this case.

Chairman Moore said he had a legal opinion from Local Government Center at the request of Marghie Seymour relating to the procedures. The decision stated there was no rule breaking.

Another topic was a cost estimate on the creation of a sidewalk from Joe Lahout Ln to the present system. The estimated cost is $108,000.

Chairman Moore read Article X, Section10-01-02 Compliance With Other Regulations: All proposed multi-family developments must comply with all other required local, State and Federal regulations including, but not limited to, the Littleton Subdivision Regulations and NH RSA 356-B, the Condominium Act, as may be amended. Chairman Moore suggested getting feedback from the Planning Board before making any decisions. The ZBA might want to add more conditions depending on what the PB suggests. The PB is part of the Zoning Ordinance.

There was discussion about previous talks regarding a walkway and the storage units and how they would be treated.

Eugene Langdoc made a motion to continue these 3 Herb Lahout cases until May 25, 2010 to seek additional input from the Planning Board. If Herb Lahout is not able to receive a decision from the Planning Board before the May 25th ZBA hearing, the ZBA hearing will be continued again. Richard Merrow seconded the motion. The motion passes 5-0.

Election of the Chairman will be at the next meeting.

The Board discussed changing the meeting time to 6 PM. Donna Trahan made a motion to approve the changing of the meeting time to 6 PM. Vice Chair Lombardi seconded the motion. The motion passed 5-0.

The minutes from 3-23-10 were reviewed and grammatical errors were noted. The wording of what Donna Trahan and Richard Merrow said at a previous meeting was corrected. Eugene Langdoc made a motion to approve the 3-23-10 minutes as amended. Vice Chair Lombardi seconded the motion. The motion passed 5-0.

The review of the February minutes was continued until the 4-27-10 meeting.

At 8:50 PM, Eugene Langdoc made a motion to adjourn. Richard Merrow 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.