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04-25-06 Zoning Board of Adjustment Minutes
PRESENT: Regular Members: Joseph C. Hill, MD – Chair, George Carmichael – Vice Chair, David Drouin, Bill Harper, Kathy Peahl; Alternates; Marcia Breckinridge, Richard Feldman, William Thomas. An Executive Session was held from 6:00p.m. to 7:00p.m. with Attorney Bradley. Public Hearing Hill opened the Public Hearing at 7:07p.m. with Pledge of Allegiance. All members introduced themselves and stated if they were a regular or an alternate member. Hill stated that he had e-mailed every member to be familiar with RSAs 674:33 & 676:5, 674:1, 674:21, 674:35, 674:39 & 674:43. NHOEP handbook pages 8-18 and Rindge Zoning Ordinances V-AI, XI-B, HI-J, XVI-6 and Sign Ordinances VI-C, VII-A and V-B4. There was, and is, no intention to influence anyone’s thinking or vote, but simply to educate. Hill polled all members regular and alternates. 1. Are you unbiased and have made no predeterminations, and are able to make a decision that is fair to both the applicant and the town of Rindge? All members replied YES. The sitting members will be Hill, Carmichael, Drouin, Harper and Peahl. All members and alternates will participate in the Meeting and Hearing, but only the sitting members will participate in discussion and voting. Motion made by Harper and seconded by Carmichael to approve the April 3, 2006 and April 11, 2006 minutes. Motion was carried unanimously. Secretary/Clerk stated that the case(s) were posted in the following places: Rindge Town Office, Post Office, Police Station, Ingalls Memorial Library, Transfer Station as well as being published in the Monadnock Ledger. Breckenridge will read the applications and Thomas will read the pertaining RSAs/Ordinances. CASE #946: Carl Redlich – Appeal from an Administrative Decision. Application for a Special Exception to the Rindge Zoning Ordinance, Article V-A-1 unlawful business from his residence. Location: 99 Rand Road, Rindge NH - Map #2, Lot # 17. The applicant presented his case to the Board. He is asking to operate his Septic business from his residence. He stated that there will only be one truck on site and will be parked out back and in the winter he parks it in the garage. He does a maximum of 2 trips in and out a day. He showed a photo of where the truck is parked and the layout of his property. A letter from Mr. & Mrs. John Germano was read and they have no problem with Redlich having his business there. Ms. McDonald an abutter also does not have a problem with it. A: There will be only one truck on the premises, parked to the side, and the business Motion was made by Drouin and seconded by Peahl to GRANT the Special Exception with the stipulation that there will only be one truck on the premises and parked off to the side and will not expand his business. CASE #947: Samuel R. Seppala - Application for a Special Exception to Rindge Zoning Ordinance Article V-A1 for a building and service trade at his residence. Location: 27 Windswept Drive, Rindge, NH - Map # 6, Lot # 52-3: Applicant was represented by Attorney Silas Little. Little gave his testimony and went over plans presented to the Board. Seppala also presented testimony as to his intentions and use of the property. He would like to build and have a service trade at his residence in a separate detached building. Seppala stated that there will be no equipment stored on the property. David DuVernay stated that this does not meet the definition of home occupation. A letter from Mr. & Mrs. Robert R. Sloane was read in opposition of this request. Mr. & Mrs. John Rogers also opposed to having a business on Middle Winchendon Road. Carmichael asked how much more traffic would there be and was told about 4 cars. Jason Czekalski stated that Seppala, in his opinion, should have something that will work for him. Having no more questions from either the audience or the Board, the Board went into deliberation. The Board determined: 5: The Board attached the following conditions: Motion made by Harper seconded by Drouin to GRANT the Special Exception with above conditions. Motion was carried unanimously. CASE #948: Omega Heating & Cooling - Application for a Special Exception to Rindge Zoning Ordinance, Article V-A1 to conduct a heating & cooling business from the owner’s residence. Location: 26 Pine Terrace, Rindge, NH - Map # 7, Lot # 35: Chris Tessier owner of Omega Heating & Cooling presented his testimony to conduct a small HVAC business out of his home. He stated that there will be no customers coming to his home. Any storage of equipment that he might have is stored in the garage. There were no comments from the audience. The Board determined: Motion made by Peahl and seconded by Carmichael to GRANT the Special Exception for reasons mentioned above. CASE #951: GFA Credit Union Appeal from an Administrative Decision, Code Enforcement Officer. Application for a Special Exception or Variance to Rindge Sign Ordinance, Article/Section VII-A for off premise signage. Location: 31 Sonja Drive, Rindge, NH - Map # 6, Lot # 99-6-1: David DuVernay presented testimony. DuVernay stated that the Planning Board suggested that they come to the BOA. DuVernay stated they are looking for a directional sign. Since the BOA did not get any opinion from the Planning Board in regards to this matter, the Board could not act on the case. Hill asked Charles Bowles, CEO of GFA is there would be any hardship if the case was continued until the Board received the opinion from the Planning Board, and Mr. Bowles stated that there would be no hardship.
Public Meeting Attorney John. J. Retigan representing Mr. VanDyke presented his case and feels there is enough information to rehear the case. He referred to the following RSAs: 676:5, 677:15, 677:2, 674:1, 674:21, 674:21a, 674:33a, 674:35, 674:39, and 674:43. DuVernay feels that the applicant did not file in a timely manner and that it is similar to the Red White/Ben Asaff case. Mrs. Peahl stated that there is a significant problem. While Attorney Ratigan admitted that there had been the omission of the filing fee and abutter's list, he had been advised the the Secretary/Clerk that if the missing were in by March 3, 2006, that the case could be heard at the next meeting of the ZBA. He also stated that he spoke to Attorney Beth Fernald and they agreed this case is much diffferent than the White case. Because of this error, the Board members felt that the applicant should be granted a rehearing. After some discussion Harper made a motion seconded by Drouin to rehear the case due to the affidavit presented in Exhibit #3 paragraph #3 dated 3/23/06. Motion was carried unanimously. Second reading of the proposed changes to the ZBA Rules of Procedure & vote. A. "The ZBA is authorized to retain the services of consultants, and to impose reasonable fees upon an applicant for the expense of sonsultant services or investigative services, review of documents and other matters that may be required by a particular application. Such fees shall be subject to the provision of RSA 673:16." B. "Whenever any application involves the Wetlands Ordinance, it shall be forwarded by the Rindge ZBA clerk to the Conservation Sommission for an advisory opinion prior to the ZBA hearing the case. In addition, both the Conservation Commission and the ZBA shall have the same documentation from which to work." C. "All meeting minutes shall be signed by the Chair and / or Vice Chair before being posted and they sall contain the official Town Logo letterhead." D. "Applications must be received at the Selectmen's office no later than 3 weeks before the next scheduled monthly meeting. Appeals from an Administrative Decision taken under RSA 676:5 shall be filed within 30 days of the decision." There will be a special meeting and hearing on May 8, at 6:00 PM at the Meeting House to consider the various Home Depot applications. There will be a special joint hearing of the Planning Board and the Zoning Board of Adjustment on May 16, 2006 at 7:00 PM at the Meeting House. As per regulations, the Chair of the Planning Board will be the Chair of this hearing. Chairman Hill stated that in prepartion for the next regular meeting on May 23, 2006 please be familiar with RSA 36:54, 36:56, 672:3, NHOEP handbook pages 8-18 and the Rindge Wetlands Ordinances. This is not an attempt to influence anyone's thoughts or votes, but simply to educate all members and alternates on this board. Feldman made a motion seconded by Thomas to establish a second date and that date being Thursday May 11th for the continuation of the May 8th hearing on Home Depot, in necessary, at 7:00 PM. The Board stated that they would prefer to have the Home Depot cases heard at the school cafeteria, as it is larger, if it is available. Hill stated that he would look into this and arrange it if possible. Having no other business tonight, a motion was made by Peahl and seconded by Harper to adjourn this meeting at 9:35 PM. Respectfully submitted, |
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RINDGE BOARD OF ADJUSTMENT30 PAYSON HILL ROAD, PO BOX 163
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