Minutes
NEWMARKET ZONING BOARD OF ADJUSTMENT MEETING
AUGUST 5, 2013
MINUTES
Present: Richard Shelton (Alternate), Elaine Winn, Bill Barr, Wayne Rosa (Vice Chairman), Chris Hawkins (Chairman), Diane Hardy (Zoning Administrator), Bob Daigle
Absent: Brett Johnson (Alternate) - excused
Called to order: 7:06 p.m.
Adjourned: 7:29 p.m.
Agenda Item #1 – Pledge of Allegiance
Agenda Item #2 – Review & approval of minutes: 07/15/13
Action
Motion: Bob Daigle made a motion they accept the minutes as transmitted.
Elaine Winn stated, on the first line, it says “Diane Hardy stated all abutters have been notified”. It should say “had been”. She also stated the comma after “Mr. Piekarski had stated” should not be there. On the third line, the word “in” was there twice. Chairman Hawkins stated the Board would accept those as “friendly” amendments that do not require another motion, as they are not substantive changes.
Second: Elaine Winn
Vote: All in favor
Bill Barr abstained due to absence
Agenda Item #3 – Regular Business
F J Durell Corp/Perkins Agency Inc/David Loiselle – Public hearing for a Special Exception reference Section 2.03(B)(2), of the Newmarket Zoning Ordinance. The applicants request a Special Exception to permit changing the existing single-family dwelling to a professional office, with a residential unit on the second floor. The lot is located at 195 South Main Street, Tax Map U4, Lot 27, M3 Zone.
Chairman Hawkins asked if all abutters had been notified. Diane Hardy stated they had been notified.
Chairman Hawkins clarified that everyone from Elaine Winn over to the opposite end of the podium, where Bob Daigle was seated, will be participating in the voting for this application. Richard Shelton, an Alternate member, was not appointed to sit in for a regular member. He may participate in the discussions and public hearing portion of the meeting. He will not be able to deliberate and vote on this application.
Lynne Perkins-Sweet and John Perkins presented the application. They are the owners of F. J. Durell Corporation and Perkins Agency, Inc. She stated F. J. Durell Corporation and Perkins Agency sold their property, at 218 South Main Street, to the Newmarket School District. They now need to find a new location.
She stated they looked at different locations over the last year and found this property at 195 South Main Street. They prefer to stay in the same general area, where they have been doing business since 1964. Their business has changed a little bit over the years. They do not have the amount of traffic to the business they once had. A lot of their business now is over the internet, by email for example. They are a very quiet business. Their usual hours of operation are 8 a.m.-5 p.m. Monday through Friday. They have five staff members. Three of them are on a four-day workweek. They want and need the business to be visible to attract new customers.
She stated their intent is to use the existing residential structure, make minor exterior changes, and keep the look and feel of the present neighborhood. It is a beautiful building and they want to keep it that way. They will remove at least one existing porch to accommodate a handicap ramp. Any changes that are made will be compatible with the surrounding neighborhood. The reuse of the building will include an office on the first floor and a continued residential use of the second floor.
She stated they have a permit application in to the NH Department of Transportation (NH DOT) Division 6 to have a one-way access to the property from South Main Street. NH DOT has advised her they believe this application will not be approved. She contacted her engineer and he is working on a second plan for ingress and egress from Maple Street. She has a copy of the preliminary plan. They have not had time to go over it, as they just found out about this issue. She felt that ingress from South Main Street is the safest way for people going into that property.
Chairman Hawkins asked if she could describe the nature of the exterior changes. Ms. Perkins-Sweet stated there will not be much change to the exterior. Most of the changes will be interior. They plan to remove one or two of the front porches. The doors have been taken off. They were thinking about reopening access to one of the porches and making it into a handicap ramp. Other than that, they do not plan to make many exterior changes. They may have to put in some new windows, but they will be in keeping with the building. The porch they are thinking about removing is the one on your left side, when you are facing the building.
Ms. Perkins-Sweet stated they plan to put their existing sign at the front of the building. Their engineer said there is plenty of room for it to meet the setback. Ms. Perkins-Sweet stated the driveway location has not been firmly declined by NH DOT yet, but they have advised her they are considering declining it. There is a regulation that says the location should be at least 100 feet from an existing intersection. The measurement from Maple Street to the driveway is about 80 feet. She believes that is what they are basing it on. She thought it was safer to have the driveway in the proposed location. It allows them to use less pavement and better drainage. She stated if the driveway location is denied, she is worried that it will not allow them to have the best use of the land. She realizes NH DOT has regulations and they may not have a choice. She stated there is an appeals process and she was considering appealing it, if it was denied. She felt this was the best layout.
Chairman Hawkins asked if the applicant would have to go for site plan approval. Diane Hardy stated they would. This property is changing to a mixed use development. Chairman Hawkins stated the Planning Board level is where the issues of parking and access get addressed. Ms. Perkins-Sweet asked if it was within the Zoning Board’s purview to make a recommendation to NH DOT. Chairman Hawkins stated it was not within their purview. They can only look at the Special Exception.
Ms. Perkins-Sweet stated they have a purchase and sales agreement that is contingent upon the Zoning and Planning Board approvals.
Chairman Hawkins opened the public hearing.
Larry Moore owns the abutting property to the side. He stated the only concern he has is regarding the drainage from the parking lot. His lot is lower. He would also like to see a 24” maple tree stay. The plan says it will be removed. He wondered if they could move the driveway a little bit and keep it. The maple throws a lot of shade onto their property and, when there is hot weather, they appreciate the shade. He has no objections to this business. It is a quiet neighborhood and this type of business will be of the sort where you would not notice much of anything going on. His main concern was the water runoff. Chairman Hawkins explained drainage is an issue that would be addressed at the Planning Board level in the site plan review process.
There were no further comments from the public.
Chairman Hawkins closed the public hearing.
Action
Motion: Bob Daigle made a motion and stated, as the applicant has requested a Special Exception, which is an allowed use in the M3 zone under Section 2.03(B)(2) to changing the existing single-family dwelling to a professional office, with a residential unit on the second floor, the applicant has shown by their statement of fact that the proposed use does not alter the character of the neighborhood, the existing residential structure shall be reused with only minor exterior changes, including a handicap entrance. The site would look and feel and be in keeping with a quiet residential and office use, compatible with the scale and design and site arrangement of the surrounding neighborhood. The upgrade of the property would enhance values of surrounding properties. The location and building are well-suited for the purpose of an office and residence. Therefore, I will make a motion to grant the applicant’s request for Special Exception to permit changing the existing single-family dwelling to professional office, with a residential unit on the second floor. The lot is located at 195 Main Street, Tax Map U4, Lot 27, M3 Zone under Section 2.03(B)(2)(a) for an office use meeting the following conditions:
1. The existing residential structure shall be reused with only minor changes and;
2. The intended reuse of the structure is a feasible use.
Second: Wayne Rosa
Bill Barr stated if the Board grants the Special Exception and this property sale does not go through, in the future, someone else may want to modify the structure for other uses of professional office space in ways the Zoning Board had not considered. Chairman Hawkins stated, at this time, the Board is acting on this application and the evidence. If this transaction does not come to fruition, this decision has no precedential or binding value. If a new application comes in, the Board would have to take that up with the evidence presented, at that time. Diane Hardy stated the Special Exception was not like a variance that goes with the property.
Vote: All in favor
Second Reading of Amendments to Zoning Board of Adjustment Rules of Procedure.
Chairman Hawkins stated the revisions were circulated to the Board after the last meeting. There were no further proposed changes to this version.
Action
Motion: Bob Daigle made a motion they adopt these new Rules of Procedure (third draft dated July 16, 2013)
Second: Wayne Rosa
Vote: All in favor
Agenda Item #4 – Other Business
None
Agenda Item #5 – Adjourn
Action
Motion: Bill Barr made a motion to adjourn at 7:29 p.m.
Second: Wayne Rosa
Vote: All in favor