ZONING BOARD OF ADJUSTMENT
September 4, 2007
DRAFT COPY________
AGENDA: VARIANCE: TOWN OF BRISTOL, 150 Newfound Rd.,
#219-010
ATTENDING: Dan Bouchard (Chairman), Mike Willingham (Vice Chairman), Lloyd Belbin, Donna Hardy, Sandra Heaney
Alternates: Lorraine Oranatto-Sullivan
ABSENT: Susan Colby
OTHER: Joe Denning (Selectman), Elizabeth Corrow (Town Manager),
Sheryl Montague (Interim Land Use Officer)
The meeting opened at 7:00 p.m.
MINUTES OF 8/7/07: The following corrections were made:
Page 4, 3rd paragraph, 2nd line, replace “25% of the land is required for this project.” With “the land is lacking 25% of the total land area required for this project.”
In line 5, following “$5800” replace “less” with “after”.
M. Willingham made a motion, second by S. Heaney, to accept the minutes as amended. The motion carried.
VARIANCE: TOWN OF BRISTOL/ELIZABETH CORROW
Ms. Corrow introduced the Interim Land Use Officer, Sheryl Montague.
The secretary read the application, referral form, abutter’s list (explaining that there had been one wrong notification and this abutter had been given a hand-delivered copy). She also stated where the variance had been advertised and stated that there were no phone calls and just one written correspondence from the Water/Sewer Dept. who had no problem with the project.
Ms. Corrow presented a copy of the notice given to Mr. & Mrs. Tillson as well as approval of this project from the Newfound Area School District and a map showing the location for the sign.
Ms. Corrow explained that a citizen came in to the Board of Selectmen (BOS) asked for a sign so as to show support to our championship teams. The BOS discussed this and determined that it was a good idea and would show community spirit. At first, they were considering it to be placed by the Pemigewasset River landing (and the Town of Bristol sign) but feel it would be better on the school property. The reason that Ms. Corrow decided to go through with a Variance was because she feels that we should follow our own rules. The size of the sign is why a variance is needed. Calculations have been made to accommodate two more bands for names.
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TOWN OF BRISTOL VARIANCE continued:
Ms. Heaney asked about the size of the sign itself (less air space and supports). Ms. Montague estimated about 4’ x 7’. Ms. Heaney stated that when she did her sign, the air space and supports were not considered. Mr. Bouchard read the Ordinance on signs in which these items should be included. It was felt that this portion of the Ordinance had been overlooked.
Ms. Corrow continued by explaining that they want the sign to be fluid so that it may be updated as new teams become champions (hopefully). It is supported by the BOS, the School District and the citizen that approached the Selectmen.
S. Heaney made a MOTION, second by D. Hardy, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
Mr. Bouchard read the portion of RSA 674:74 dealing with municipalities and schools being exempt from hearings. He did this for clarification and stated that “statutorally” leaves the decision to the interpretation. He wanted to make Ms. Corrow aware that, by going through with the variance, they would then be bound by the decision.
At this point, Ms. Corrow addressed the 5 points required for a variance:
1. No diminution in value to surrounding properties = Ms. Corrow stated that it is a busy area which is heavily traveled. There are signs along the area already and the sign would be located in front of the sport field.
2. Granting the variance would not be contrary to the public interest = Ms. Corrow felt that it would enhance the community spirit and therefore be of public interest.
3. Does not interfere with the reasonable use of the property and there is a fair and substantial restriction on the property = The sign will be set within the environment that it represents.
4. Substantial justice would be done = The same arguments as above.
5. Would not be contrary to the spirit of the ordinance = The sign is larger than allowed but would be placed in large open space. In order for it to be seen from the road, it needs to be visible. It is not a neon flashing sign and will fit the area.
At this time, Mr. Bouchard asked for comments from the audience in favor and then anyone in opposition. There were no comments made.
Ms. Corrow added that they think this is about community building. It will show that we are proud of our students. She stated that they would be happy to make it a bit smaller if the Board wished. Mr. Bouchard asked if they had talked to the State. Ms. Corrow said that they plan on staying out of the State right-of-way and will make sure that they do.
Mr. Belbin asked if the sign will have advertisement and was assured that it would not. He then asked who was paying for the sign. Ms. Corrow answered that the town is. Mr. Bouchard reminded all that this is not in the criteria and therefore we cannot consider it. Mr. Belbin stated that his reason for asking was that, if Bristol is donating the sign, he would like to see a small plaque to show that it was donated by the people of Bristol.
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TOWN OF BRISTOL VARIANCE continued:
Ms. Heaney asked if it would be fixed or moveable. Ms. Corrow stated that they would like to have room for an additional 1 or 2 spots. Ms. Heaney suggested that the design be changed to bring it closer in line with the ordinance (combining Newfound Bears with State Champions, for instance). Mr. Bouchard stated that the ZBA cannot get into such things as design as we must approve or deny the variance as presented.
Mr. Bouchard then read the section of the ordinance on signs (4.11) in which it explains the spirit of the ordinance. He feels that if it doesn’t contradict section 4.11,D3 it should be okay.
With no further public comments, Mr. Bouchard closed the public input portion of the hearing.
Ms. Heaney expressed that her only concern would be public opinion, in which they might feel that the town does not follow its’ own regulations. Ms. Hardy said that this is true but where it is to be located, it would be too small to read. Mr. Willingham felt that it was a good example of one size doesn’t fit all. Mr. Belbin has no problem with the project but would like one stipulation: if the sign is to be moved or changed, they need to come back to the Board. The Board felt that this would happen anyway with any change. Mr. Bouchard mentioned Mr. Belbin’s earlier comment that there be no commercial advertisements.
L. Belbin made a MOTION, second by S. Heaney, TO ADD THE CONDITION THAT NO COMMERCIAL ADVERTISEMENT BE PLACED ON THE SIGN. The motion CARRIED.
The Board then voted to ACCEPT THE VARIANCE WITH THE CONDITION and it CARRIED.
Ms. Corrow was reminded that there is a 30 day time slot in which anyone could appeal the case.
NEW BUSINESS:
Mr. Bouchard asked to address one portion of new business while Ms. Corrow was still here. He stated that the BOS has asked the ZBA to attend their meeting on September 13, 2007 at 7:00 pm. Mr. Willingham stated that he has another engagement and will not be able to attend. Ms. Oranato-Sullivan and Ms. Heaney have to check their schedules but hope to attend. The Board asked the reason for this and Ms. Corrow explained that the BOS has been meeting with the various boards to address possible needs and get to understand each other better. Mr. Denning added that it improves public knowledge with the TV camera. He added that the TV has opened up a good-sized audience. The secretary added that, instead of visualizing just the ZBA name, the audience gets a personal look to it. It was also mentioned that it is good to recognize the volunteers, as well. Mr. Bouchard and Mr. Belbin will definitely make it. Ms. Corrow felt that the secretary does not have to attend as the BOS minutes will reflect the meeting.
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COMMUNICATIONS: Mr. Bouchard read the critical portions of the 32nd Annual Municipal Law Lecture Series as it would pertain to the ZBA. A copy will be on the bulletin board in the office for anyone interested. The BOS meeting dates announcement was noted. A copy of a letter from Ms. Barney’s attorney to Ms. Keene’s attorney had been received. Mr. Bouchard explained that it notes several changes that they want made to the right-of-way agreement. Mr. Bouchard stated that this is too late as the ZBA accepted the agreement presented when they approved the Special Exception. Any changes to that agreement would have to come back in to the ZBA for another hearing. Mr. Bouchard will contact Attorney Cooper (Ms. Keene’s attorney) to be certain that he is aware of this. It was also noted that there is no date on this letter nor do we know who faxed it to the Town office.
UNFINISHED BUSINESS: None.
CONTINUED NEW BUSINESS:
We need alternates. We are allowed up to five. Mr. Bouchard also wishes to make the Town Manager and BOS aware of the need of a full-time Land Use Officer for enforcement.
Also, the State requires that alternates have 3 year terms as well as members. It was determined that we shall set new alternates at 1 and 2 year terms to start and place Ms. Oranato-Sullivan in the 3 year slot as terms should be staggered. Also, Ms. Colby has expressed the desire to resign (though has not done so officially as yet).
NEXT MEETING: The next meeting is scheduled for October 2nd. If there are no hearings, Mr. Bouchard would like to cancel the meeting as it is his anniversary. It was noted that we shall not have our Nov. meeting as it is election day. The secretary will let the Board know if there are any hearings for Oct. and Mr.Willingham can conduct the meeting if Mr. Bouchard does not attend.
With no other business, M. Willingham made a motion, second by S. Heaney, to adjourn at 7:50 pm.
Respectfully submitted,
Jan Laferriere, secretary