ZONING BOARD OF ADJUSTMENT
December 4, 2007
2/5/08 jrl_____
AGENDA: VARIANCE: WILLIAM & NANCY DOWEY, 141 Gallahad
Lane, #104-032
VARIANCE: JULIA VALENCE/GALEN MARSH JR.,
33 Union Street, #113-052
ATTENDING: Dan Bouchard (Chairman), Mike Willingham (Vice Chairman), Lloyd Belbin, Donna Hardy, Sandra Heaney
Alternates: Lorraine Onorato-Sullivan
ABSENT: Susan Colby (alternate)
OTHER: Public
The meeting opened at 7:00.
MINUTES OF NOVEMBER 20, 2007:
D. Hardy made a motion, second by L. Belbin, to approve the minutes as read. The motion carried with one abstention.
VARIANCE: WILLIAM & NANCY DOWEY
The secretary read the application, referral, abutters notified, where the hearing was advertised and stated that there were no telephone calls nor written correspondence received and the Highway is okay with it.
Mr. Dowey stated that they have a small ranch house and they wish to add on to it in the back. This would be for a garage and bedrooms. He further explained that the house is skewed on the lot making it difficult to do anything else.
S. Heaney made a MOTION, second by M. Willingham, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
The five criteria were then addressed:
1. Diminution of value to the neighbors: Mr. Heaney felt that there is no diminution as the house was originally built in 1973 and misplaced on the lot which has since been surveyed by the Turner Cottages surveyors. There is no-one behind them and it cannot be seen by the neighbors.
2. Public Interest: It will better the 4-season occupancy of the house. It will have a 2 car garage and the value will increase.
3. Special Conditions: It makes logical sense to extend in this area.
4. Substantial Justice: It will compensate for the original skewed building.
5. Spirit of the Ordinance: There is no direct residence at the rear.
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DOWEY VARIANCE continued:
There were no comments by the public. The public portion of the hearing was then closed.
Mr. Willingham asked if they surveyed the property themselves. Mr. Dowey answered that the survey was done by Brady Sullivan and their neighbors. Mr. Willingham then asked if a marker was found. Mr. Dowey stated that they did find a marker which gave him an additional 4’. Mr. Bouchard asked if they had a copy of the survey and was told that they do not but it is in the files for Turner’s Cottages. Mr. Bouchard asked if the deck is there and was told that it is. Ms. Heaney asked if 26’ is standard for a garage and was told that it is.
The Board then deliberated. Ms. Heaney stated that there is some hardship due to the skewed location. Mr. Bouchard stated that the Spirit of the Ordinance is to provide a buffer with the setbacks but it is up to the ZBA to determine if there is a need for a change. Mr. Belbin thought that it seems like the lot is good sized. He cannot see a hardship as the addition could be built to 14’ instead of 15’. The Board explained that it is so that it will match the garage. Mr. Belbin felt that it could have a 24’ garage. Mr. Bouchard felt that the hardship is due to the skewed location.
A vote was called and the APPROVAL FOR THE VARIANCE WAS CARRIED, 4 FOR AND 0 OPPOSED.
VARIANCE: JULIA VALENCE/GALEN MARSH JR.
The secretary read the application, referral, abutters notified, where the notice was advertised and stated that there were no phone calls nor written correspondence received.
No comments were received from Department Heads.
Ms. Valence stated that she wants to have an in-home program. At present she has an exempt license and would like to have a full license. The State checks on the full license holders all the time. She takes care of kids whose parents work the second shift as babysitters/child care is hard to find for those hours. Ms. Heaney asked what those hours are and Ms. Valence answered that they are the 3:00 to 11:00 shift.
M. Willingham made a MOTION, second by S. Heaney, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
Mr. Bouchard then asked Ms. Valence to address the 5 criteria. Ms. Valence stated that she never got them and Mr. Bouchard gave her his copy.
1. Public Interest: Mr. Marsh stated that they would be providing child care for broken homes. Most of these people are on the 2nd shift so as to get more money or, if they have just started the job, only 2nd or 3rd shift is available to start. The children would be in a home environment.
2. Special Conditions: The hardship would be that, if they were to run their business by the ordinance, they would have to move.
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VALENCE/MARSH VARIANCE continued:
3. Spirit of the Ordinance: Ms. Valence stated that she is a license exempt and has a few children now. There are many benefits to having a State license, such as the availability of grants. They put in fencing and painted the house,
Mr. Galen added.
4. Substantial Justice: Same as in #3.
5. Diminution: The outside area is all fenced in. Mr. Bouchard asked if it was a stockade fence and was told that it is a welding wire fence. The applicants went on to say that they need the fence due to the traffic on Union St. They have two children of their own. The area is seeded and there are no rocks.
At this time, Mr. Bouchard asked for public comment.
Mary Beshta, New Hampton, distributed a leaflet and stated that she works with NH Health & Human Services, Belknap County Incentive Funds, NH Charitable Foundation and Lakes Region Community Services Council. She works with children councils on prevention programs. She has 4 day care centers and there is a critical need for these. She explained that one of these has only 1 opening; another has a list of infractions to be addressed. The children are usually those of parents on welfare or on the street. One center takes only 6 weeks to 6 year olds. There is grant money from Health and Human Services. She is working with 22 families now. DCYF doesn’t do anything until something happens. She is for this as there is a desperate need in Bristol.
Frank Dolloff, 25 Union Street, stated that he is all for people trying to get ahead and for child care. However, he is concerned with the amount of children (could be up to 17 he was told) and the noise (car doors at 6:00 am, at night, and radios). A couple of the parents now reprimand their children very loudly. Headlights come into his windows. The thought of more scares them a little. They bought their house as a residential neighborhood. Mr. Dolloff asked if this is to be Mon. through Friday, weekends or what.
He works Mon. through Friday himself. He explained that they are abutting neighbors on lot #51.
Gene Jacques, 32 Union Street (across the street) stated that he recently retired. The noise factor goes overboard now. As an example, last summer he had a visitor and they had to close the door in order to hear each other. There is lots of traffic. He is not sure that the need justifies a change from the Ordinance. He added that the property value would decrease due to the noise.
Ms. Valence stated that there are 4 cars and a delivery truck that come. She also has a lot of visitors. Mr. Marsh plows and leaves at 4:00 am.
Mr. Jacques felt that it is the additional traffic that he is worried about. Mr. Bouchard explained that this would be over and above the residential traffic.
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VALENCE/MARSH VARIANCE continued:
Ruth Jacques, 32 Union Street, stated that they bought their house 22 years ago and it was very quiet. There is more traffic from 7:30 am until school starts and then when it gets out.
Ms. Beshta again stated that there is a dire need for child care. Mr. Bouchard stated that the need does not fit in the criteria. There are areas of town where this is allowed.
With no other public comments, Mr. Bouchard closed the public session.
Ms. Heaney asked what hours Ms. Valence is looking for. Ms. Valence answered that she is looking for 24 hours a day. Ms. Heaney asked if this is to be Monday through Friday and was told that she would like 7 days. Ms. Heaney then asked the number of children and Ms. Valence stated that the State allows 1 child for every 35 sq. ft. Ms. Valence has the living room, playroom, a learning room and one bedroom. The applicants did not have the sq. footage.
Ms. Valence stated that she would like 3 licenses: group family, family group and one other. She added that she had a waitress client who dropped her child off at 5:30 am and now comes at 6:30 am. Mr. Bouchard asked what her potential would be and Ms. Valence stated that 3rd shift clients would come about 10:30 pm and pick up at around 7:00 am. 6:00am, 3:30 and 5:30 pm would be her busiest times.
Mr. Belbin asked the ages and was told that she takes from 3 weeks and up; she has a 12 year old right now. Mr. Marsh asked how old the child has to be to stay home alone.
Mr. Willingham had a problem with the no reduced value to neighbors’ criteria. He stated that this criterion could not be met as it would devalue the neighbors’ property. Mr. Bouchard explained that, in order to approve a Variance, the applicant must meet all five of the criteria. Ms. Valence stated that a license daycare would be better than what she is allowed now. Mr. Bouchard stated that, licensed or not, no day care is allowed in the village residential district. Mr. Belbin stated that it is also contrary to the public interest. Ms. Heaney and Ms. Hardy agreed. Ms. Heaney stated that this is difficult as there is a definite need but this is a residential neighborhood where it is not allowed.
A vote was then taken and the Variance was DENIED, 0 for, 4 opposed.
Mr. Bouchard explained that they can ask for a rehearing but only with new evidence. Mr. Marsh came up to the table and said that he wished he was better prepared. Mr. Willingham explained that it would not have made a difference as a daycare reduces the value no matter what. He added that this would not stop them from having a daycare in the village commercial area where it is allowed. Ms. Heaney added that they might ask the State about a grant to relocate to an area where it is allowed.
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COMMUNICATIONS:
Mr. Bouchard read the announcement of a seminar on “Practical Guide to Zoning & Land Use Law” to be held in Manchester on Feb. 12th. Ms. Montague had sent in the new plan presented by the Bednaz’. It shows the new deck to be within the old footprint.
Mr. Bouchard said that it now falls under the State law on page 282, Nonconforming Structures. A discussion followed in which some felt that our regulations do not go along with the Shoreland Protection laws that are changing. The secretary stated that the Planning Board is working on this and will hold a public hearing on Dec. 19th for all changes.
UNFINISHED BUSINESS:
Mr. Bouchard stated that he is working with Cartographics for a new Zoning map.
NEW BUSINESS:
Mr. Bouchard has done the new budget request and submitted it.
NEXT MEETING:
Due to New Year’s Day, our next meeting will be held February 5, 2008 at
7:00 pm. If something comes up in the meantime, Mr. Bouchard will call a special meeting.
With no other business, M. Willingham made a motion, second by D. Hardy, to adjourn at 8:15 p.m.
Respectfully submitted,
Jan Laferriere, secretary