Joint Planning/Zoning Board Minutes 06.25.13

TOWN OF BRADFORD

PLANNING BOARD & ZONING BOARD OF ADJUSTMENT

JOINT SESSION

JUNE 25, 2013

7:00PM

Call to Order and Roll Call for Joint meeting of Planning Board and Zoning Board of Adjustment:

Planning Board:

Marcia Keller, Chair opened the joint meeting of the Planning Board and Zoning Board of Adjustment at 7:04pm with Phil LaMoreaux, Vice Chair, Erich Caron, Mark Keith, Don Jackson, John Greenwood, Sonny Harris, Selectmen’s Representative, Mark Fournier, Alternate, Steve Chase Alternate, Jim Bibbo, Alternate, Caryl Walker, Alternate and Marge Cilley, Secretary present for the Planning Board.

Zoning Board Of Adjustment:

Zoning Board of Adjustment members present were: Brooks McCandlish, Chair, Nancy McEachern, George Cilley, Andrew Pinard, Denise Renk and Marge Cilley, Secretary.

Marcia Keller, Chair advised this is the first joint meeting of the boards for many years, however this is very appropriate as both of the parties concerned came to the boards on May 28, 2013 and have some urgency in both cases to get a decision and approval.

Each applicant will bring forth their plans for the benefit of both boards and will be followed all the way through, first with the Zoning Board of Adjustment followed by the Planning Board.

Zoning Board of Adjustment Re:

Rob Messer – West Meadow Stables, West Meadow Road, Map 2, Lot 48:

Rob Messer thanked both boards for their efforts for meeting together tonight.

Rob Messer came before the Zoning Board of Adjustment for a Special Exception to build an indoor riding facility on the site of his outdoor riding facility. The maps and plans were presented for the boards to peruse. This will be an 80 x 180 foot building. This will be a Morton built building with dirt floor. There will also be a 62 x 70 foot stall barn with no heat. Rob stated that he had worked with Matt Monahan, Circuit Rider, CNHRPC who helped him with this. Rob advised this property has been used for an agricultural enterprise for over 100 years.

Andrew Pinard stated this is asking for a Special Exception from the Zoning Board because of Article IV, B3,B4 which says:” Commercial or industrial establishments may be permitted within the residential rural district by special exception only.” Review and approval of a site plan by the Planning Board is required.” Since this area has been utilized for this purpose for the past three years, with no impact on parking, how would the erection of a pole barn trigger the requirement of a Special Exception, by reclassifying this business as either commercial or industrial establishment?

Rob Messer stated that where they are at is a fine line between Ag use and Commercial use. They will be having boarders in the 62 x 70 foot horse barn. It is still an Ag purpose but there will be an expansion of the commercial use with training and a couple of annual shows. Parking will be provided in a field across the street, no on street parking. There will be no horse trailers as the horses are already there on the farm. Some students and spectators will be coming to the shows. There will be no bleachers, and spectators will stand on ends of arena with open doors.

Brooks McCandlish, Chair opened the Public Hearing to the public.

There was no Building Permit issued by Walter Royal, Building Inspector and he referred Rob to the Zoning Board of Adjustment.

Marcia Keller, Planning Board Chair stated that the Planning Board had discussed this Application and felt it was commercial and would require a Site Plan and this is what triggered the joint committees meeting to take care of it in one session.

The Public Hearing was closed.

Motion was made by Andrew Pinard to approve the Special Exception for Rob Messer, West Meadow Stables, Map 2, Lot 48 for an indoor riding arena with a 62 x 70 foot horse barn as presented. Seconded by George Cilley. Motion carried unanimously.

Brooks McCandlish Chair stated that that there can be an appeal within 30 days from this date.

Planning Board re: Rob Messer Site Plan:

Marcia Keller, Chair opened the Site Plan Public Hearing for Rob Messer, and the members had copies of the Application to peruse.

Rob Messer stated that regarding the on site pond, he is very much against the pond because of Triple E and West Nile virus. This would be a stagnant pond with just ground water with no spring there. Rob stated there is a brand new hydrant on the new FairgroundsBridge that he has just learned is not operable due to engineering failures. Rob also advised he and his father used to do all the hydrants for the Town of Bradford, and he would volunteer his labor and equipment time to repair said hydrant at the FairgroundsRoadBridge making it suitable. He indicated this would probably take him about eight hours to accomplish this. Rob pointed out that this hydrant is closer to his barn than the pond will be.

The Planning Board went through the Application check list and it was noted that the Application fee is needed, and will be provided tomorrow morning.

Site Plan shows a 3 x 5 granite carved sign which will not be lighted, and a picture will be provided.

Motion was made by Phil LaMoreaux, Vice Chair to accept the Application as complete as presented. Seconded by Erich Caron. Motion carried 7-0.

The list of Waivers were gone over that the Circuit Rider, CNHRPC had previously helped Mr. Messer with.

Motion was made by Phil LaMoreaux, Vice Chair to approve the waivers as presented. Don Jackson seconded. Motion carried 7-0.

There being no further questions from the Board Members and no further questions from the Public, the Public Hearing was closed.

Motion was made by Phil LaMoreaux, Vice Chair to approve the Site Plan Application for Rob Messer, West Meadow Stables, Map 2, Lot 48 as presented, with the Condition: to include depiction of the existing signage. Motion seconded by Erich Caron. Motion carried 7-0.

John Gioldassis, Pizza Chef

Marcia Keller, Chair Planning Board opened the joint Public Hearing for John Gioldassis at 7:54pm.

Zoning Board of Adjustment re: John Gioldassis/Pizza Chef

Kelly Gale, KLG Architecture represented John Gioldassis regarding a Special Exception Application for an off premise sign on Map 17, Lot 62, 101 East Main Street. Kelly showed a map and pointed out the position of the involved properties. Kelly advised the proposed sign would be lit only during hours of operation. Much discussion took place regarding the size of the sign stating the 6 Square foot total is for the total sign, not for each of the four signs to be included. To allow 6 Square footage for each business would come under a Variance was stated, the location of the sign could be considered by a Special Exception. Question was asked if the sign would be lighted on both sides, and the reply was yes. Several comments were made regarding the several present signs that are not in code and is not being addressed. Another concern mentioned was safety.

Nancy McEachern suggested summarizing the Special Exception Application which was done. Much discussion on interpretation ensued regarding the size of the sign.

Brooks McCandlish asked it there were any other questions from the public?

A letter from John Gioldassis, as owner of the former Merrimack Store was read, authorizing an off premise sign on that lot.

There being no other public input, the Public Hearing for Special Exception was closed by Brooks McClandish, Chair.

Motion was made by Andrew Pinard to approve the Special Exception Application for Map 17, Lot 62 to allow one off premise sign not to exceed 6 square feet in accordance with Bradford’s Zoning Ordinance. Motion seconded by Erich Caron. George Cilley voted No, Nancy McEachern voted No. Motion carried 3-2.

Motion was made by Andrew Pinard that the Zoning Board of Adjustment approve as a second Special Exception Application for a second off premise 6 square foot sign, same location, sign on Map 17, Lot 62. Seconded by George Cilley. Denise Renk voted no. Motion carried 4-1.

Mention was made by Brooks McCandlish that both of these two separate Special Exceptions are to cover the one Special Exception Application as presented to the board, for businesses stated.

Zoning Board of Adjustment – Variance

Variance for John Gioldassis/Pizza Chef for lighted off premise sign on Map 17, Lot 62.

Kelly Gale, representing John Gioldassis read the five criteria from the Application for a variance with John Gioldassis’ responses.

Department Head comments were read.

Andrew Pinard stated that an internally illuminated sign would be contrary to the public interest as expressly stated in the Zoning Ordinance as well as other indications by the public.

There were no further questions from the Zoning Board members and no comments from the public, the Public Hearing was closed by Brooks McCandlish, Chair

Motion was made by Nancy McEachern, that with the opposition to the Zoning Ordinance, to deny the Application for the Variance. Seconded by Denise Renk. Motion carried 5-0, unanimously denied.

Brooks McCandlish, Chair requested another member join the ZBA. One is needed before July 3, 2013 as Nancy McEachern has resigned. Nancy was thanked for her participation as a Zoning Board of Adjustment member over the years.

ZBA portion of joint meeting with the Planning Board adjourned at 9:28pm

Planning Board – Site Plan- Public Hearing

John Gioldassis/Pizza Chef Site Plan

Marcia Keller, Chair opened the Public Hearing for the Site Plan Application for John Gioldassis/Pizza Chef, Map 17, Lot 62.

Phil LaMoreaux, Vice Chair pointed out that the Site Plan should be considered for Lot 61, for the off premise sign, modifying the Site Plan for lot 61, and showing the sign on Lot 62.

Motion was made by John Greenwood to accept the Site Plan Application for an off premise sign on Map 17, Lot 61 & 62 for John Gioldassis/Pizza Chef as complete. Erich Caron Seconded. Motion carried 7-0.

Motion was made by Andrew Pinard [NOT ANDREW PINARD] to approve the Site Plan Application as complete for a free standing, off premise sign located on Map 17, Lot 62 for businesses located on Map17, Lot 61 as presented by John Gioldassis. ( Kelly Gale, KLG representative, rewrote the Application to the above wording at this meeting. ) It was stated that the Zoning Board of Adjustment granted a Special Exception for two signs, and denied the Variance for an internally lit sign.

Kelly Gale, KLG put a note on the plan showing hours of operation with the sign being lighted at that time only. Motion seconded by Phil LaMoreaux.

Motion carried Unanimously 7-0.

Other Business:

Marcia Keller, Chair, asked if any member of the Planning Board or Alternate would be interested in becoming a member or Alternate to the Zoning Board of Adjustment?

Erich Caron will be appointed as a member of the Zoning Board of Adjustment on July 3, 2013.

Mark Fournier will resign as a Planning Board Alternate and be a Zoning Board of Adjustment Alternate.

Marcia Keller, Chair commented on a letter to be written to the Selectmen regarding what the Planning Board is looking at for a Gravel Pit Inspector.

The May 28th, 2013 minutes were not approved.

There being no other business to come before the board, meeting adjourned 10:15pm

Respectfully submitted

Marjorie R. Cilley

Secretary