Members: Brooks McCandlish Chair, Ken Parys Vice-Chair, Nathanial Bruss, Denise Renk, Stephen Pierce, Alternate Bob Hodges
Alternate Bill Duffy absent
Meeting was called to order at 7:00 PM
Appearances:
1. At 7:00pm a Public Hearing for a Special Exception to allow a Commercial Business in the Rural/Residential Zone. Jessica and Matt Michie submitted an application to open a retail lawn and garden center that would also include the sale of pet food at the former Kearsarge Fitness Center property located on Route 103, Map 3/Lot 52-2A. Brooks opened the Hearing by reviewing the structure of the Hearing and Public Noticing distributed prior to the meeting. Jessica Michie reviewed the application and provided the Board with a Site Plan, which was entered into the record. Jessica outlined details of the Site Plan. She also felt the nature of the business is consistent with the Master Plan goals of the Town to add agriculturally based businesses, consistent with preserving the rural nature of the Town. Jessica outlined over 22 years of experience in this type of business. Hours of business are intended to be 8:00am to 6:00pm, Monday through Saturday and 10:00am to 3:00pm on Sunday’s during the spring/summer season, with shorter hours in the fall/winter (November to March) season. Abutter’s Steve and Marie French attended the Hearing and spoke in favor of granting the Special Exception.
At 7:20pm the Board closed the Public Hearing. The Board discussed whether the Application met the five criteria required to issue a Special Exception and felt the Michie’s had met all requirements. All Town Department had also received Notification of the Public Hearing. The Fire Department had responded stating they had no concerns.
Motion: Nathanial Bruss motioned to approve the application with the condition that the Site Plan presented, dated May 28th, 2019, is not significantly altered.
Second: Stephen Pierce
Decision: vote 5-0
The Board discussed adding specific, clarifying language, in the future when motioning to approve an application. A Special Exception generally follows the land but language should be included that outlines only an identical use would be allowed.
Minutes from the May 1st, 2019 meeting were reviewed. Nathanial felt clarifying language was needed for the paragraph below after Ken Parys initial motion to approve the minutes. The Board agreed and decided to strike the last sentence of the bullet. “Establishing more specific requirements, conditions and criteria to outline when a Special Exception can be granted. Additionally the Board would like to explore expanding the involvement of the Planning Board versus the Zoning Board in the Special Exception process.”
Motion: Ken Parys made an amended motion to approve with the removal of the last sentence (noted above) until clarity is added between the Planning Board and Zoning Board regarding Special Exceptions.
Second: Stephen Pierce
Decision: vote 5-0, approved
New Business:
1. Nathanial, Ken and Denise shared information reviewed at the Spring Planning & Zoning Conference they attended June 1st, 2019:
a. Alternates are not an “audience member” and should feel free to speak even if not acting as a voting member.
b. Speakers recommended avoiding joint Planning/Zoning Board meetings as the structure and procedural aspects can be confusing.
c. Going forward the Board should not accept an application unless all information, including a proposed site Plan is included.
d. Denise wanted to ensure a process is available to meet any deadlines including the ability to have a meeting more frequently if needed. Brooks outlined that he does respond to requests throughout the month.
e. The Board discussed the purpose of the US Census.
f. Ken noted that there is no requirement for a monthly meeting.
g. Applicants need to clearly understand the burden of proof rests upon them.
h. Legislation is anticipated mid July, 2019, that migrates judgment deadlines from 30 to 45 days.
i. If a sign issue is raised an attorney should be involved – this generally revolves around content concerns.
j. Clarification was made concerning renters versus owners. Although renters do have standing there is no requirement to provide them with Hearing Notices.
k. Cell Towers are not really under Town control. The Town approved 1st but then the tower is under FCC control.
l. Denise also mentioned meeting mechanics and the importance that the Board not conduct business via email. A best practice is to blind copy an email going to a quorum of members.
m. Denise also gathered some details for later review concerning ideas about zoning for short term rentals.
n. The Zoning Board should make sure they never “negotiate” an approval. They are a judicial body not a legislative body and need to stay consistent with their process.
o. Ken will scan the presentations he received and email them to the Board. The Board also discussed attending the upcoming Fall Planning & Zoning Conference.
Zoning Board Communication:
The next ZBA meeting will be held at the BACC July 3rd, 2019 at 7:00pm
Motion: Nathanial Bruss motioned to adjourn at 8:23pm
Second: Stephen Pierce
Decision: vote 5-0
Draft minutes submitted by Laurie Colburn