Moultonborough Zoning Board Minutes May 21st, 2008

               
                              Present:    Members:    Ralph Carrasco, Bob Stephens, Russell Nolin
                                               Alternate:    Nicole Roseberry   
                             Excused:    Members:    Jerry Hopkins, Bob Bernstein                        
I.    Call to Order

    Mr. Carrasco called the meeting to order at 7:30 PM, and introduced the members of the board to the public. Mr. Carrasco appointed Nicol Roseberry to sit on the board with full voting privileges in place of Bob Bernstein. Mr. Carrasco noted that there were only four board members present this evening and that the applicants are entitled to a full board of five members. Any applicants that would like may request a continuance based on there not being a full board of five.
   
II.     Pledge of Allegiance

III.    Approval of Minutes

    Motion:            Mr. Stephens moved to approve the Zoning Board of Adjustment Minutes of
                            May 7, 2008 and the On-site Minutes of May 10, 2008.           
                            Mr. Nolin Seconded.
                            Motion Carried - Unanimously.

IV.    New Applications

    None presented.

V.    Hearings

    1.    daSilva Motorsports, LLC (135-10)(7 Moultonboro Neck Road)
           Special Exception for Commercial Use – Article VI Paragraph E

    Mr. Carrasco questioned if Mr. Dolan was willing to proceed with a board of four. Mr. Dolan noted that he was willing to proceed with a board of four.

    Mr. Carrasco note that this is a request for a special exception as specified in the zoning ordinance article VI, paragraph E to allow the sales and display of motorcycles and accessories, in addition to the current use of the property as retail sales of other types of motor vehicles.

    Mr. Dolan stated for the record the owner of the property is CPK Realty Trust, LLC. The property is located on the corner of Moultonboro Neck Road and Route 25. Mr. Dolan noted the request is for an additional commercial use of the property for the sales and display of motorcycles and accessories. There are no proposed changes to the site. Mr. Dolan answered any questions from the board.

     The Chairman went over the criteria for the granting of a special exception. The voting members were Russ, Bob S., Nicol and Ralph.

        1)    Affirmative – Unanimously.
        2)    Affirmative – Unanimously.
        3)    Affirmative – Unanimously.
        4)    Affirmative – Unanimously.
        5)    Affirmative – Unanimously.
        6)    Affirmative – Unanimously.   
        7)    Affirmative – Unanimously.

            Motion:    Mr. Stephens moved to approve the special exception for daSilva Motorsports, LLC
                            (135-10) to allow the addition of the sales and display of motorcycles and accessories.
                            Mr. Nolin Seconded.
                            Motion Carried – Unanimously.

    2.     daSilva Motorsports, LLC (18-31)(NH Route 25 / Whittier Highway)
            Special Exception for Commercial Use – Article VI Paragraph D & E

    Mr. Carrasco questioned if Mr. Dolan was willing to proceed with a board of four. Mr. Dolan noted that he was willing to proceed with a board of four.

    Mr. Dolan stated for the record the owner of the property is JAS Whittier Realty, LLC. The property is located on the Route 25 and has received a special exception in December 2007 for the storage & repair of all terrain vehicles, snowmobiles, personal watercraft and accessory equipment – including trailers. The request this evening is for an additional use that will allow for storage, service & repair of motorcycles & accessories. There are no physical changes to the site, other than those previously approved. Mr. Dolan answered any questions from the board.

    Albert Hansen, III, abutter, located on 195 Bodge Hill Road requested to speak to the board regarding the requested use for Tax Map 18 Lot 31. Mr. Hansen provided the board with a handout that noted his concerns and questions with the request. Mr. Hansen stated that the Town of Moultonborough is an abutter to this property and questioned if the ZBA was representing the Town as an abutter. It was noted for the record that the ZBA was not representing the Town. The Town of Moultonborough was notified via certified mail as an abutter and that there was no one present representing the Town as an abutter. Mr. Hansen noted his concerns regarding noise from motorcycles that he can hear on Route 25. The board stated they could not control the noise from Route 25. The approved site plan depicts what building will be for service and which will be for storage. The service building is located the greatest distance from Mr. Hansen’s property. Mr. Hansen stated that trees have been removed along their mutual boundary, leaving little or no buffer between the lots. Mr. Dolan stated that trees have been removed on the north property line for the construction of one storage building depicted on the plan, and that a portion of the building acts as a retaining wall for the embankment along the abutting lot. Mr. Hansen noted his concern that as a result of the removal of the trees that has left his trees subject to blow down and concerned that he may be liable if a tree were to fall on Mr. daSilva’s building. 

    Mr. Carrasco stated that the request this evening is an additional use on a lot that has received site plan approval from the Planning Board. Some of the concerns of Mr. Hansen should have been addressed during site plan review with the Planning Board. Mr. Hansen stated he was not present for the site plan review hearing. Mr. Hansen noted that he was not opposed to the project, but wanted to make certain that the ZBA took into account the impacts of land uses in the Town of Moultonborough.

    The Chairman went over the criteria for the granting of a special exception. The voting members were Russ, Bob S., Nicol and Ralph.

        1)    Affirmative – Unanimously.
        2)    Affirmative – Unanimously.
        3)    Affirmative – Unanimously.
        4)    Affirmative – Unanimously.
        5)    Affirmative – Unanimously.
        6)    Affirmative – Unanimously.   
        7)    Affirmative – Unanimously.

                    Motion:    Mr. Stephens moved to approve the special exception for daSilva Motorsports, LLC
                                    (18-31) to allow the addition of storage, service & repair of motorcycles & accessories.
                                    Mr. Nolin Seconded.
                                    Motion Carried – Unanimously.

    3.    Frederick C. Hiittner, Jr. (254-53)(42 Watson Shore Road)
           Continued Area Variance from Article III, Paragraph B(1)

    Mr. Carrasco questioned if Mr. Hiittner was willing to proceed with a board of four. Mr. Hiittner noted that he was willing to proceed with a board of four.

    Mr. Carrasco noted that the board had conducted an on-site visit of the property on May 10, 2008, and questioned if there were any questions from the board. The request is for an area from Article III, Paragraph B(1) to permit a 10’ x 32’ addition to an existing garage.

    Mr. Hiittner, agent for the property owners Joseph and Christina Pizzarello was present for the hearing.

    Mr. Nolin noted his concerns based on the small size of the lot, and questioned if the board were to grant this request for an area variance, would they be setting the site up for additional requests for variances if there were the need to replace the septic system or well. Mrs. Roseberry commented that in her job she has the opportunity to view septic plans for very small lots and that the State of New Hampshire most likely would approve a system to be replace in kind in the event of a failure. A 75’ well radius is required from a septic system, but the Pizzarello’s could grant themselves a well easement.
   
    Mr. Stephens questioned if Mr. Hiittner knew the location of the septic system and when it was designed. Mr. Hiittner did not have this information.
   
    The Chairman went over the criteria for the granting of an area variance. The voting members were Russ, Bob S., Nicol and Ralph.

        1)    Affirmative – Unanimously.
        2)    Affirmative – Bob S., Nicol, Ralph
            Negative - Russ
        3a)    Affirmative – Unanimously.
        3b)    Affirmative – Unanimously.
        4)    Affirmative – Unanimously.
        5)    Affirmative – Bob S., Nicol, Ralph
            Negative - Russ   
   
                    Motion:    Mr. Stephens moved to approve the area variance for Frederick C. Hiittner, Jr.
                                    (254-53).
                                    Mrs. Roseberry Seconded.
                                    Motion Carried – 3 to 1 in favor.

VI.    Correspondence

1) Planning Board Draft Minutes of May 14, 2008 were noted.

2) Selectmen’s Draft Minutes of May 8 & 15, 2008 were noted.

3) Mr. Carrasco informed the board that he had received correspondence from Town Counsel regarding
their questions raised during their non-public session with counsel on May 7th relative to the policy adopted by the board regarding if the ZBA has the authority to request applicants to obtain and pay for expert reports, and if the ZBA has the authority to seek and independent expert and pass on the cost to an applicant. Mr. Minkow responded after further review of this issue he withdrew his suggestion that the policy be revoked.

4) Mr. Carrasco noted Attorney Minkow forwarded a copy of the Supreme Court decision (Alan L. Marquis v. Town of Moultonborough) affirming the decisions of the ZBA and the Superior Court.

5) Mr. Carrasco noted that there were not any new submissions presented this evening.

                Motion:    Mr. Stephens moved to cancel the June 4, 2008 meeting of the ZBA, and to
                                authorize the Chair to accept any new applications as a committee of one for
                                the scheduling of hearing for June 18, 2008.
                                Mr. Nolin Seconded.           
                                Motion Carried - Unanimously.

VII.    Unfinished Business

VIII.    Adjournment

                    Motion:    Mr. Stephens moved to Adjourn at 8:15 P.M.
                                    Mrs. Roseberry Seconded.           
                                    Motion Carried - Unanimously.