7:00 pm. Open and roll call: Present: Brooks McCandlish (Chair), Bill Duffy, Jim Varney, Laura Beaton, Nathanial Bruss
Also attending: Kathleen Bigford, Recording Secretary
Review minutes of June 5, 2024 meeting
Motion: Bill Duffy moved to accept the minutes of the June 5, 2024 meeting as written.
Second: Laura Beaton
Decision: 5-0 all in favor
Receipt of applications: None
Public Hearing regarding an Application by Beata Bzura for a Special Exception to run a seasonal wellness camp at 131 Massasecum Avenue, Map 11, Lots 14 & 18
Hearing opened: 7:03 pm
Brooks stated that the reason for the rehearing is due to a revised application which was approved by the Zoning Board on May 1, 2024. Recognizing this mistake the Board approved an application for rehearing on June 5, 2024. Notices of the rehearing were sent to applicants and abutters and posted in the Town Hall, Bradford Post Office and on brandfordnh.org on June 14, 2024.
Beata Bzura read the application dated May 1, 2024.
Bill asked about the water supply. How shallow is the shallow well? Beata replied that it is a shallow well and that the bottom can be seen.
Brooks asked for comments from those in favor of the application:
Beata: Introduced herself saying she wants to use her background for pursuing meditation and training in meditation and to help people.
Hearing no further comments in favor, Brooks asked for comments from those opposed to the application.
Opposing comments can be summarized in these categories:
- Comments about not wanting a business in a rural residential zone.
- Appearing: Kathleen Henry, Cheryl Johnson, Ariana McQuarrie, Legal Counsel, representing John Mooney.
- Comments about unsafe conditions and deterioration that increased traffic would bring to Massasecum Avenue, a road commentors say is in poor condition.
- Appearing: Dennis Kirkell, Ariana McQuarrie, Legal Counsel, representing John Mooney.
- Comments about retaining the safety of the water resource on abutting properties.
- Appearing: Belinda Glennie, Kathleen Henry read comments from Chris Balboni.
- Comments about Beata Bzura’s clinical certification and experience dealing with people seeking wellness programs.
- Appearing: Kathleen Henry, Eanne Hahn.
- Comments about unknown people in the neighborhood and the potential safety threat.
- Appearing: Kathleen Henry, Cheryl Johnson
Brooks asked for further comments in favor of the application.
- Comments about the application affecting the condition of Massasecum Avenue:
- Michael and Jacqueline Kearns commented that the traffic will remain as usual.
- Faye Graziano explained that the condition of the road is not due to increased traffic, but was due to washouts caused by extreme rain in the summer of 2023 and usage by former residents.
Brooks asked for further comments in opposition to the application.
- Comments about neighborhood safety were made by Cheryl Johnson.
- Comments about road deterioration were made by Dennis Kirkell and read by Kathleen Henry from Chris Balboni.
Bill asked Fire Chief Nowell for comments about the safety conditions on Massasecum Avenue. Chief Nowell commented that all safety codes would need to be followed as a condition of the application. Also, numbering of sites for timely access in case of emergency is a concern.
Fact finding, Brooks and members of the Board stated the following facts about the application.
- Seasonal camp June to September.
- Five cabins for 10 people, in phase one.
- 10 cabins for a limit of 20 people in phase two.
- “Back” portion to be used for hiking only.
- Massasecum Avenue is a challenging road.
- The road is listed by NH DOT as class V, seasonal. The Town of Bradford has no obligation to maintain the road during the winter.
- Conforms to the spirit of the Master Plan and Zoning Ordinance. The Master Plan is a survey that recognizes “necessary growth” and is a guiding document.
- Road is currently being used for logging and recreation.
- Nathanial: Signage on the road is partially obscured that indicates Class V.
Public Hearing closed: 8:35 pm
ZBA deliberation of Bzura Application for Special Exception.
As the Board considered the following criteria Jim commented that it is the Town’s responsibility to maintain the road seasonally and supply signage.
Are the proposed structures appropriate for the proposed use?
Consensus of the Board is that the proposed structures are appropriate.
How is the proposal not detrimental or injurious to the neighborhood?
Consensus of the Board is that the proposal is not injurious to the neighborhood.
Does the proposal address potential undue nuisance or hazard to pedestrian traffic?
Consensus of the Board is that the proposal presents no undue nuisance.
Are there provisions for sanitary facilities?
Consensus of the Board is to maintain condition of May 1, 2024 approval.
Are parking and utilities provided to ensure proper use of the structure?
Consensus of the Board is that parking and utilities is provided by the application.
Is the proposal consistent with the spirit of zoning ordinance and intent of the Master Plan.
The Master Plan states that the Town of Bradford will maintain the character and promote a business climate. Businesses are allowed with special exception.
Consensus of the Board is that the proposal is consistent with the Zoning Ordinance and Master Plan.
Motion: Bill Duffy moved to approve the July 3, 2024 application for a special exception at 131 Massasecum Avenue, Map 11, Lots 14 and 18 with the following conditions:
- All state and local requirements must be met for septic, water quality and stream crossing.
- All requirements of the Bradford Fire Chief and NH Fire Marshall must be met.
- This approval is for a wellness retreat only as presented to the Board on July 3, 2024. Any change in use or expansion would require another application.
- This approval is for five cabins holding a total of ten people in phase one, and ten cabins holding a total of twenty people total in phase two. Phase one cabins will be removed and not used during phase two. Phase two consists of 10 cabins each 10 feet by 10 feet and one 20 feet by 20 feet building.
- There will be no unnecessary outside lighting or sound amplification.
Second: Laura Beaton
Decision: 5-0, all in favor
New Business: None
Communications and miscellaneous: Next meeting: August 7, 2024
Adjournment
Motion: Laura Beaton moved to adjourn the meeting
Second: Jim Varney
Decision: 5-0, All in favor
Meeting adjourned at 9:15 pm.
Respectfully submitted, Kathleen Bigford, Recording Secretary.