TOWN OF BRADFORD
ZONING BOARD OF ADJUSTMENT
P O BOX 436
BRADFORD, N.H. 03221
JUNE 6, 2012
Call To Order and Roll Call:
Brooks McCandlish, Chair called the meeting to order at 7:00pm with Andrew Pinard, Nancy McEachern, Denise Renk, Bill Glennie and Marge Cilley, Secretary present.
Review and Consideration of the May 2, 2012 Minutes:
Motion was made by Andrew Pinard to approve the minutes as presented. Bill Glennie seconded. Motion carried 5-0.
Michael and Gisele Fournier, 74 Davis Road Public Hearing for Variance Application-Map 22, Lot 18:
Mr. Fournier explained the Application as wanting to build a retirement, two bedroom, one floor ranch home with a two stall garage. Mr. Fournier advised they did meet the requirements on the sides and back set-backs but the front one is at 41 feet and the town requires 50 feet, and they do not have quite as much frontage as the town requires, therefore requesting a Variance. The Fournier’s presented a survey of the property done by Duval Survey, Inc. Hooksett, N.H.
Brooks McCandlish, Chair went through the Application and advised there is a letter from the Building Inspector, Palmer Porter denying the building, therefore a ruling from the Zoning Board of Adjustment in order to proceed is needed.
Motion was made by Andrew Pinard to accept the Application of Michael and Gisele Fournier, Map 22, Lot 18 for a Variance is complete. Seconded by Nancy McEachern. Motion carried 5-0.
At this time, Brooks McCandlish acknowledged that another Application needs to be reviewed prior to opening up the floor for Public Hearing.
Autumn Rose, Johnson Hill Road – Application for a Variance from the Zoning Board of Adjustment for a Sub-Division, Map 2, Lot 61:
Upon looking through the Application, it was found to be short of Application copies, and the one check received should be broken out into two. This Application came in today.
Motion was made by Andrew Pinard to not accept this Application as it is incomplete, lacking in number of Application copies, which should be six. Seconded by Nancy
McEachern. Motion carried 5-0. The Secretary will call for the required number of Application forms and two checks to replace the one sent.
Continuation of Consideration of Martyn Chivers Application for a Variance for an Automotive recycling Center – Map 3, Lots 74A and 74B:
Andrew Pinard has been in communication with Steve Whitley, Town Counsel, and the following was read by Brooks McCandlish, Chair:
e-mail dated May 4, 2012
Andrew:
I have reviewed the letter from applicant’s counsel, and my opinion remains the same: that the State statute imposes this a setback requirement because the zoning ordinance does not contain a lesser setback for junkyards the ZBA does not have the authority to hear or grant a Variance to state statute standards which are applicable. RSA 236:111-a is pretty clear that the state statute is applicable to ALL junkyards, and these regs are the baseline regulations pertaining to junkyards in the state. Bradford has not specified lesser standards of its own municipal setback requirements pertaining to junkyards, and RSA 236:118,111a) does not allow it to grant a variance to the state setback requirement. Horizons’argument might be more persuasive if the town had a lesser setback for the ZBA to consider granting a variance from, but since it does not and state setback applies, any allegedly onerous or burdensome laws are at the state level, rather than municipal. Further, I suspect other reasonable uses of this property are feasible, other than the proposed junkyard.
I see that the applicant is in a tough spot, but the ZBA simply does not have jurisdiction to hear/rule on this case. I am happy to speak with Attorney Hastings if the town is OK with that, but I do not believe my opinion will change.
If you have any questions or comments, please let me know. Thanks,
Steven Whitley, Esq.
Brooks McCandlish, Chair advised the Selectmen have seen the correspondence and felt it was not necessary for the two counsels to confer.
Brooks McCandlish, Chair advised there is an Application for a Variance before the Board from Martyn Chivers for an automotive recycling center.
Motion was made by Andrew Pinard that based on the recommendation from counsel, that we cannot hear it, I move that the Zoning Board of Adjustment cannot accept the Application for a Variance for the Martyn Chivers Automotive Recycling Center based on the basis of jurisdiction. Seconded by Denise Renk. Motion carried 5-0.
Andrew Pinard suggested that the Board could consider, since there is a distinction in the Zoning Ordinance based on whether property is Residential Rural or Residential Business, that information could be added to the Application Form, that way they would know immediately where the property is.
Public Hearing opened by Brooks McCandlish, Chair.
Motion was made by Andrew Pinard to waive the reading of the Fournier Variance Application by the Applicant as the Chair has read it already in consideration of the application. Seconded by Bill Glennie. Motion carried 5-0.
Bill Curless a neighbor of the Fournier’s and abutter from across the street advised he feels it is great idea to have neighbors who will have a nice home.
Brooks McCandlish, Chair advised that there is a Variance requested already, and since a variance would be requested for the size of the lot, it would be appropriate to consider all in one procedure rather than having to do a Special Exception and a Variance.
Public Hearing was closed by Brooks McCandlish, Chair as there are no further comments from the floor or the Board.
Regular Business:
Motion was made by Andrew Pinard to approve the Variance Application for the Fournier Family Trust as presented. Seconded by Denise Renk.
Nancy McEachren – No. Brooks McCandlish – No, Bill Glennie – No
Denise Renk – Yes Andrew Pinard – Yes. Motion defeated 3-2.
The board requests to have a Site Walk of the property, either individually or as a group to which Mr. Fournier advised he will have the property flagged as to the positioning of the requested building site. Also the positioning of the septic system and consideration of the slope will be acknowledged. Also, a couple of Departments Heads have not responded at this time.
Brooks McCandlish, Chair questioned what are the special conditions of this property that distinguishes if from other properties in the area. Mr. Fournier advised they cannot shift any more at all without being more non-conforming, consequently are conforming on three sides and need the remaining to install the septic system. Also, they are trying to take advantage of a natural slope without the need for fill. Brooks McCandlish read the first two of the five Criterium.
Motion was made by Andrew Pinard to continue the Variance for the Fournier’s at the next Zoning Board of Adjustment meeting. Seconded by Bill Glennie. Motion carried 5-0.
Motion was made by Andrew Pinard for the next Zoning Board of Adjustment meeting to be held on Wednesday, June 27, 2012 at 7:00pm.as the next scheduled meeting would have been on July 4, 2012.. Seconded by Bill Glennie. Motion carried 5-0.
In response to a question, Mr. Fournier stated he did have a septic approval but that is outdated as it has been five years, so will be getting another one.
Review of the Joint meeting with the Selectmen, Planning Board, Fire Dept. and Building Inspector:
Brooks McCandlish, Chair stated that the new Building Inspector, Palmer Porter met with the Planning Board, Selectmen, Zoning Board of Adjustment and the Fire Chief to see how each department interacted with each other. One of the points made was that a prime concern is to get the correct information out first and foremost. It was noted that a Flow Chart is being worked on by the Planning Board with the help of Sue McKevitt and upon completion a copy will be forwarded to the Building Inspector. Andrew Pinard advised the new Building Application forms now being used are available on the Web Site.
Final Review and Signing of the Hazard Mitigation Plan:
Brooks McCandlish, Chair advised he has signed the Hazard Mitigation Plan as a member of the Zoning Board of Adjustment.
Review of Special Exception Application:
Andrew Pinard will e-mail the revisions of the Special Exception Application form to the board members for them to peruse. A letter of Authorization needs clarification was also suggested.
Mention was made that the board needs to recruit alternates for the ZBA.
No other business to come before the board.
Meeting adjourned at 8:40pm
Respectfully submitted,
Marjorie R. Cilley
Secretary