|
Zoning Board of Adjustment Warner, NH Meeting Minutes of April 8, 2009 Members Present: Martha
Thoits, Chair, Mike Holt, Eric Rodgers, Janice Loz and Rick Davies. (Jean
Lightfoot recording) Excused: Alternate Gordon Nolen Not present: Alternate
Ted Young The meeting was called to order at 7:05 p.m.
The roll call was taken. Ms.
Thoits noted that Rick Davies is now a full member of the Board,
replacing Dennis Barnard. She
said that now there are only two alternates.
Mr. Holt asked if there have been any volunteers.
Ms. Thoits said no. Mr.
Davies suggested Steve Daigle. Ms.
Thoits said she would call him and see if he is interested.
1.
CASE 01-09: SPECIAL
EXCEPTION a.
Applicant: Wayne
Akins, 674 Route 103 West, Warner, NH
03278 b.
Property Location: 674
Route 103 West, Warner, NH, Map 16, Lot 085, R-2 zoning district. c.
Proposed Use: Puzzle
shop in garage and feed store in barn. d.
Special Exception to Zoning Article VI of the Warner Zoning
Ordinance. Request Special
Exception in order to operate a puzzle shop in the garage and a feed
store in the barn.
a. Review Application – Accept/Reject/Continue
b. Public Hearing
c. Action Taken – Approve/Disapprove/Continue Ms. Thoits recognized Wayne Akins
and asked him to present the application.
Mr. Akins said that his wife has thought about the puzzle shop
for many years and they think it will be a good business, with the only
other one they know of being in Northwood on Route 4.
He said that the feed store is a good opportunity for the people
of Warner and surrounding towns to come to a farm that does nothing but
sell feed. He said it will not turn into a hardware store – it will be
strictly wildlife and farm feeds. He
said there will be a once-a-week delivery service offered by his
grandsons. Mr. Akins’
application read as follows:
A. The use requested
is identified in this ordinance as one which may be approved by the
Board in the district for which the application is made.
Yes.
B. The requested use
is essential or desirable to the public convenience or welfare. It will provide a needed service to the area and save travel
times for customers who currently drive to Henniker or Concord to use
these types of businesses.
C. The requested use
will not impair the integrity or character of the district or adjoining
district, nor be detrimental to the health, moral, or welfare.
It will have no adverse effects on health, moral or welfare.
Just the opposite – the puzzle shop promotes family activity
and a feed store is essential for our area pets/animals. Mr. Rodgers asked about parking.
Mr. Akins said there will be people driving in, but the driveway
is big horseshoe shape, so there is plenty of parking.
He said he did not expect there to be constant traffic.
Mr. Rodgers said his only concern is that if the house is on
Route 103, and there is not a very good line of sight over some of the
hills heading toward Bradford. Mr.
Akins said the barn is about 300 feet from the road and there is plenty
of space to park. He said
the line of sight coming out of the driveway is good, with the top of
the hill being about 70-100 feet from it.
Ms. Thoits said she had talked with some of the Planning Board
members who felt that the driveway location is probably not a big
problem with traffic. She
added that there won’t be people staying around long.
Mr. Davies asked if the house is the one after a small brook and
is earthy green colored. Mr. Akins said yes. Mr.
Rodgers said he had no concerns about the business. Mr. Davies asked if they anticipated changing the barn.
Mr. Akins said no. He said the puzzle shop would be in the garage that is
connected to the house. He
said the barn is separate from the house and that is where the feed
store would be. Mr. Holt
asked what the footprint on the barn is.
Mr. Akins said it is 36’ x 34’.
Mr. Davies asked if they’ve heard any feedback from their
neighbors. Mr. Akins said
no. Ms. Lightfoot said they
all have been notified. Mr.
Akins said that most of them live out of state.
Mr. Holt asked about the ones who live across the road.
There was some discussion, and then it was determined that the
Dalys, whom Mr. Holt was referring to, are beyond the 200’ abutter
requirement, so they would not have been noticed by certified mail. Ms. Loz asked if it is a permitted
use by special exception in that district.
She said that she understands how the puzzle shop fits in as a
retail shop in R-2, but she wondered if the feed store is a permitted
use in the R-2 district. Ms.
Thoits said on page 36 of the Ordinance, Retail and Services, selling
principally convenience goods including but not limited to.
However, she said, it does not define “convenience goods.”
Ms. Loz said that that is food and this would be feed, which is
animal food. Ms. Thoits
said that it reads “retail establishments selling principally
convenience goods, including but not limited to food, drugs, and
propriety goods.” Mr.
Rodgers said that he thinks it falls under the Agricultural section,
number 2, “year-round stand, greenhouse for wholesale and retail sale
of agricultural, aquaculture or farm products.”
Ms. Thoits and Ms. Loz agreed that that would fit better.
Mr. Davies said it’s not a farm product, though.
He asked Mr. Akins if he will be wholesaling the feed or if it
will be wholly retail. Mr.
Akins said both, but there won’t be wholesale to large businesses.
He said he thought it might be small farmers.
However, he said he thought it would be more retail than
wholesale. Mr. Davies said
that he thought that grain was more of a product and is retail.
Mr. Rodgers said that he believes that the agricultural
definition is a more accurate fit.
He said that he considers feed to be a farm product.
He added that anyone who wants to start a business from their
house with enough parking in this economy should be supported.
Ms. Loz said that she agrees that the feed store fits under
number 2 of the Agricultural section of the use table.
Ms. Thoits agreed. Mr.
Davies said that he reads the definition as being products produced at
that location, but not that have been trucked in and then resold. He said if the product was grown there and then sold, then it
would fit, but not if it is trucked in.
Mr. Rodgers read number 5 under Agricultural, saying that you can
keep livestock, poultry, and fur-bearing animals for commercial use.
He said that he understood Mr. Davies’ point, but he believed
that the intent is that if you can get a special exception to keep cows,
horses, chickens, and pigs at your house, then you should be able to get
a special exception to purchase and sell the feed for those.
Ms. Thoits said that number 3 states specifically “raised
primarily on the premises,” whereas the one above does not say that.
Mr. Rodgers said that number 3 is a “permitted” use and not a
special exception. Ms.
Thoits said that if the intent was to include be “raised on the
premises” in number 2, it would have said that.
Mr. Davies said that he’s also not really doing wholesale, too.
Mr. Rodgers said that he did not want to lock him into doing only
retail, since if he ends up getting a nice contract from some person in
Sutton where the person can get it cheaper buying in bulk, then that is
considered wholesale. There
were no further questions. Ms. Thoits noted that there was no
public in attendance so there would be no public hearing necessary.
Mr. Rodgers MOVED to approve the
Special Exception for Mr. Akins for the feed store, wholesale/retail
falling under the Agricultural Use #2 in the R-2 District and retail
puzzle shop falling under the Retail and Services Use #2 of the R-2
District, the answers to a, b, and c on the application having met the
requirements. Mr. Holt seconded. Mr. Davies MOVED to amend the
motion to strike the word “wholesale” from the motion.
There was no second. Mr. Davies asked about each item
on the checklist and reviewed them.
He noted that all the requirements have been met.
He said he thinks that wholesale is not a correct use to be
included. He asked if this
will go to the Planning Board, too.
Ms. Lightfoot said that it should go for the Site Plan Review for
a change of use. Mr. Davies
asked if something should be added that would help the Planning Board
for a Site Plan Review. He
said he had no ideas, but wanted to suggest this.
Mr. Rodgers said that once he realized which house it was and
that the parking was not a problem, he had no problem with it.
Ms. Thoits agreed that she could see nothing to add for the use
of the Planning Board. There
was no further discussion. The vote as taken:
Mr. Rodgers, yes; Ms. Loz, yes; Mr. Holt, yes; Mr. Davies, no;
Ms. Thoits, yes. The motion was PASSED. Ms. Thoits thanked Mr. Akins and
he left. 2. MINUTES Mr. Rodgers MOVED to approve the
minutes from February 11, 2009. Ms.
Thoits said if there are no corrections, there is no second required.
The motion was PASSED unanimously, with Mr. Davies abstaining
since he was not at the February 11 meeting. 3. ELECTION OF CHAIR AND
VICE CHAIR Ms.
Thoits asked for nominees. Mr.
Rodgers NOMINATED Martha Thoits to be Chair.
Mr. Holt seconded. There
were no other nominations. Ms.
Thoits was unanimously elected as Chair.
Mr. Davies NOMINATED Mike Holt to
be Vice Chair. Mr. Rodgers
seconded. Mr. Davies
NOMINATED Janice Loz. Ms.
Loz respectfully declined since she does not feel she has enough
experience yet. There were
no further nominations. Mr.
Holt was unanimously elected as Vice Chair.
4. MISCELLANEOUS Ms. Thoits referred to an e-mail
from Mr. Davies. She said
the first item he wished to discuss is the formal notification of the
conditions of the Warner Aggregate auction decision to the enforcement
board or agent. Ms. Thoits
said that the Zoning Board has nothing to do enforcement.
She said it is the Board of Selectmen who must enforce decisions. Mr. Davies said that the reason he raised it is because the
Planning Board does not want anything to do with enforcing the Zoning
Board conditions. He said
his point is to ask if it is the Zoning Board’s responsibility to
write a letter to the Selectmen and say there was a decision.
Ms. Thoits said that any citizen in town may write a letter to
the Selectmen asking them to look into enforcing something.
Ms. Lightfoot said that the Selectmen get a copy of the Notice of
Decision. Ms. Thoits said
that the only time the Zoning Board enters into enforcement is if the
Selectmen enforce something that someone wanted to appeal.
Mr. Davies said that their getting the Notice of Decision answers
the question that they are automatically notified, anyway.
Mr. Rodgers asked if there is an issue with the Warner Aggregates
decision. Mr. Davies said
no, they are going through the Site Plan Review with the Planning Board
now. He said he had asked
the attorney for Warner Aggregates if he had a procedure down that he
would submit to the Planning Board to assure that the conditions are
met. He said that his
concern is that if there is, say, a spill, then, in theory, there should
be provisions made for that. Ms.
Loz asked if the Conservation Commission would follow up on that.
Ms. Thoits asked if it would come under Peter Wyman’s job, as
Code Enforcement. Mr.
Davies said it’s probably more of the Selectmen’s job and, as long
as they’re aware of it, then it should be covered.
Ms. Lightfoot said that she is just doing the Planning Board
minutes and the attorney did say that he would provide the agreement
with the auctioneer. Ms. Thoits said the second item
from Mr. Davies is a provision in the bylaws to cover situations where
the Chair and Vice Chair are not available to attend, or require
disqualification resulting in no Chair available at due time for a
pending decision or application already consideration.
Mr. Davies wrote that other towns have a provision for the
remaining Board to vote a temporary chair for the one item.
He further wrote that if absence is the issue and there is no
pending decision, then no meeting would be held.
Mr. Davies clarified that there would be no temporary chair and
there would just be no meeting if there is nothing pending.
He said this would be a stopgap thing.
He asked if there is a provision somewhere that if a decision is
not made, something by default becomes approved.
He said that in the Planning Board, if something is not acted on
in time or it is not extended, then it automatically becomes approved.
He said he does not know if it applies to the Zoning Board.
Mr. Rodgers said that it could be addressed at the particular
meeting where it became an issue. Mr. Davies said that there is nothing specifically in the
RSAs on this issue. Ms. Loz
agreed that it could be put in the bylaws.
There was a discussion about where it could be added.
Ms. Thoits said it could be put under Officers.
She said it could be item 6, “In case of both Chair and Vice
Chair being unable to serve, the Board could elect a temporary Chair for
that one case.” Mr.
Davies volunteered to compose some more concise wording so it could be
discussed at the next meeting. Ms. Thoits asked if anyone is
going to the Spring OEP Conference.
Mr. Davies said that he is planning to attend.
There was a short discussion about whether a member may be on
both the Planning and Zoning Boards.
It was agreed that one member of the Planning Board may be on
both. Ms. Lightfoot handed each member
an invitation to the Visioning Session for the Master Plan presented by
the Planning Board on April 20th. Mr. Rodgers MOVED to adjourn. Ms. Loz seconded. The motion was PASSED unanimously. The meeting was adjourned at 7:53 p.m.
|