Town of Lisbon
Zoning Board of Adjustment Minutes
July 11, 2007
6:30 pm meeting opened.
Members present: E. Younkins, B. Lucas, G. Perham, J. Ingerson,
Clerk: B. Menchin
Public: Nina M. Brown, Bryan Younge (for Lisbon Bible Church), Muriel Robinette for Moose Realty of Franconia, LLC, George Paige, James Pineo, Bonnie Pineo, Susan Wall, Eugene Lynch, Jenny Trelfa, Richard Paradie, Janice Paradie, Roy Norton, Jr., Joanne M. Norton, Roy P. Norton Sr., Mary Pinkham-langer, Pamela Reid, Jonathan Reid, Todd Nelson, Donna Knighton, Bernie Knighton, Lisy Meyers, Bill Meyers, Donna Scovill, Cliff Scovill, Kevin C Schofield, Richard Smith, Jamie Myers, Carolynn Myers, Jim McGovern, Jan Marshall, Mark Champagne, Scott Morrill, Bruce Marshall PE, Dick Morneau, Ramona Belanger
Chairman Younkins opened the meeting giving Rules & Regulations as to how these hearings are to be held. These issues are all very important and there will be only one person speaking at a time and he was the one who would control that.
The first hearing was for applicant Roy Norton, Jr. Applicant requests an application for special exception under Article V Section 5.04.1 of the Zoning Ordinance for the purpose of being allowed to keep 2 miniature horses on premises. Mr. Norton began by stating that he did not know that there would be an issue to his keeping the horses due to the fact there is a barn on the property and it contained stalls.
Donna Scovill spoke regarding the electric fence and that children are running over to pet the animals and that they could get shocked. These children may not be used to farms and electric fences. With the children crossing, there is too much traffic on the road, children may be hit. These are farm animals, not dogs, not appropriate. What about summer time? The smell of manure? Winter and the snow, where will the animals be?
Mr. Norton responded with the fact that the electric fence is not required. The animals love to play in the snow and that they only need a 20 x 20 area. He does have plans to finish the barn. Manure??? All waste gets collected and put into plastic bags and then goes to the landfill. When asked about when the horses were let out, Mr. Norton responded by saying that the horses are in the barn most of the day as he does not get home until late.
Carolynn Myers concerns were they are farm animals and they should be in the country. The electric fence and the manure. They should be in the country. Also she asked about feeding.
Mr. Norton responded by saying he hays and grains them twice a day.
Ramona Belanger stated that the animals have gotten loose at least 2 times. Cars & children and the speed of the vehicles on that street. It is an invitation to a disaster. Concerns of the manure. Horses came back this past weekend..
Joanne Norton responded to the fact that the horses were purchased for her grandson and that it was his birthday this past weekend and she wanted him to have his pets home at least for his birthday.
Donna Knighton stated this is a very busy corner. She had an elderly woman state to her that the corner is dangerous even without the fence but now that the fence is there, it is that much more dangerous to turn onto the road. She stated that if you want a farm animal, move out to the country. She also stated that they are very cute pets.
BL stated that the abutters have brought up some very good questions. GP stated this is a residential area and he thought the size was not appropriate for this type of animal.
Mr. Norton stated that he thought that by having the animals there would give people a reason to slow down. Asked that if the barn was already on the property with 6 stalls in the barn, would he not be grandfathered?
EY stated that the grandfathering would go with the person, not the property.
EY asked if there were further questions or comments. He proceeded with explaining that the “yes” vote would be approval and a “no” vote would mean denial.
VOTE RESULTS:
Younkins Lucas Perham Ingerson
1. no no no no
2. no no no no
3. no no no no
4. no no no no
5. no no no no
The vote was in the denial. All in favor of denial. The application for a Special Exception under Article V Section 5.04.1 was denied.
The second hearing was for Applicant Richard Paradie who was requesting an application for special exception under Article V Section 5.07.6 of the Zoning Ordinance.
Mr. Paradie requests to be allowed a second mobile home on his property located on Mt. Eustis Road. As Mr. Paradie did not have a plan as to where he wanted to place the home, EY requested we continue the hearing until August 8 to allow him time to come up with a plan.
Next hearing was an application for Special Exception under Article V Section 5.07.6 requested by Bonnie L. Pineo to allow her to put a second house on her property for her daughter to live in. She provided where on the property the house would be located, stated that Mr. Presby would be doing all of the work. The home will be specific for her daughter to live in. There were no abutters present.
GP asked if the property would be subdivided…………no
EY if she were allowed, would it be kept within the family?……..yes
EY there would be no rental houses on non subdivided property.
VOTE RESULTS
Younkins Lucas Perham Ingerson
1. yes yes yes yes
2. yes yes yes yes
3. yes yes yes yes
4. yes yes yes yes
5. yes yes yes yes
The vote was in the affirmative. The application for a Special Exception was approved with the condition that the addition house would be for “family members” only.
The final hearing for the evening was an application for special exception under Article V Section 5.07.2 by Mark W. Champagne for the purpose of being able to proceed with the permitting process for a permit to excavate earth.
Before the start of the Ms. Jan Marshall requested the use of her tape recorder so that she may record the information for Ms. Alex Albanese who she stated she was an agent for. The Board said this would be ok.
Mr. Champagne gave an “appropriate use of property” stating that it abuts the Littleton Industrial Park and that this would not increase the cost factor to the town of Lisbon. The tax burden in town is very low and that the abutters usage fits well within. Yes, Lisbon has had a terrible time with gravel pits. The State made RSA 155E and he feels as if it is a necessary item for the town and the state. It is designed to set up parameters for all involved and not to ban a gravel pit completely.
Mr. Champagne further stated that the materials are a necessary commodity and that this needs to be done within the framework of the law. Mr. Dick Morneau is his engineer and his friend Bruce Marshall who is also a Construction/Development Attorney.
EY wanted to look at the map, he knew that this area was zoned in “A” and “D”. “A” is an industrial zoning and “D” is a residential zone. He stated that we had a previous knowledge of the property through Mr. T. R. Dillon Logging.
Mr. Dick Morneau spoke and explained the map. Explained the road grade now will be better than what was proposed by Mr. Dillon for his subdivision.
Ms. Mary Pinkham-Langer from the Department of Revenue Administration who is the gravel pit expert for the state stated that the RSA 155E are the rules and regulations for the local level, the DES monitors the wetland and site specific requirements. The town has the ability to set further standards.
Mr. Bruce Marshall is a civil engineer, and was a lawyer working for the Department of Transportation. He stated that he has checked the Lisbon Master Plan and it acknowledges gravel pits. He further realizes that a gravel pit ordinance is not in place yet. Mr. Champagne stated that he would like to assist in that project. Mr. Champagne is seeking his DES permit after the Planning Board. He also stated that the state DES monitors gravel pits. Fuel consumption of diesel they are stepping up regulations. The Planning Board is the one who approves the site plan and can revoke the permit when conditions are not being met. Mr. Marshall stated that the location is appropriate, this is a good placement for a gravel pit, there would be no loss of property values. Mr. Champagne
is not looking for a break in taxes because of the gravel pit. He feels as if there should be no reasonable objection to the operation. There will be a limit on the noise and his hours of operation would be minimal. Visibility would not be an issue. There would be no run off as DES controls that and no dust as DES also controls that. There would be no nuisance or hazard do to slopes. It would be an appropriate facility.
Mr. Jim McGovern spoke as an abutter with concerns. He is not happy about living next to water shed to Streeter Pond. The area is steep and there are several ponds. He was upset with the way Mr. Dillon logged, it was one of the worst logging jobs he had ever seen. He could hear people talking in the woods while they were logging and he can’t see how anyone could guarantee no noise pollution. There are several springs and ponds on the property. He wonders if this is an appropriate location. It may affect the recreational area. “It’s a very special place”.
EY asked what is the land being used for now? “Not much of anything”. Basically it is a habitat area, very rugged land and it is now in a very bad shape.
Mr. Champagne stated that he is mainly interested in ledge and that he would have a lot of equipment moving. He stated that Mt Eustis Road used to be pretty much all gravel pit. He also stated that in the future, most of the roads will be made out of rock. He was not interested in washing the stone. He will be blasting probably only twice a year. Mr. Champagne further stated that he planned on conforming to the state statue of RSA 155E. The Zoning Board is the board to grant or deny the exception, it is the Planning Boards responsibility to finalize.
Ms. Muriel S. Robinette, P.G. of New England Envirostrategies, Inc. spoke as agent to Ms. Alexis Aaron Albanese of Moose Realty. (See attached statement)
Mr. Bruce Marshall stated that the Planning Board will take care of the specifics and the State of NH already has their rules that have to be abided by. The blasting will be well regulated and the environmental issue will be addressed by the Planning Board. Mr. Champagne is not asking to create an illegal gravel pit and Mr. Marshall again said leave these issues to the Planning Board and just consider the special exception for the land and rely on the Planning Board to do what is right for the town.
Mr. Jim McGovern asked about equipment failure and contaminates. This is a sensitive area. The majority of the land is not all zoned commercial. He asked to restrict the site to zoning “A”.
Mr. Champagne stated that would not make sense.
Ms. Nina Brown stated she moved into a quiet rural area. She asked how long Mr. Champagne planned on being on that property. He stated that he planned on working the land for approximately 15 years. She stated she would have to hear noise for 15 years instead of a 1 ? year period. She also asked about the increased traffic and the possible danger to children who walk that road.
Mr. Champagne stated that he walks on that road with his dog daily and he does not think that would be an issue. The traffic goes both ways now. He stated he was not a mess maker. He also agreed with Mr. McGovern regarding this is a sensitive area and that he does not want to ruin the environment by doing anything wrong. He stated that he lives in that area and he too had to listen to the noise of the chipper when Mr. Dillon owned the property. He stated that the noise level would not come near the decibal level that operation did. He further stated that he did not plan on starting at 4:30 in the morning or working 6 days a week. He is not going to slam the operation. He does not want to be a big operation.
Mr. Kevin Schofield spoke as an abutter. He stated he has to abide by the rules and regulations by the state too and he feels as if Mr. Champagne would abide by the rules. He has no problem and he is the closest abutter to the dig site. Mr. Schofield also stated that he thought the land is in rough shape now and no way would it be a usable piece of land for industry as it is now. After Mr. Champagne did his job, it could work out to be a nice piece of industrial/commercial land. He stated we need to look down the road and this could create a nice tax base for the town.
Mr. Marshall again stated that they are asking for a Special Exception and the Planning Board will be the board to answer all these questions. They are asking for the exception not the permit.
Mr. Eugene Lynch as an abutter has concerns regarding the roads and who will have to pay for the upkeep of those roads.
Mr. Champagne stated that the amount of traffic will depend on who wants to buy his product, not him.
Mr. Todd Nelson is an abutter and stated that he has built a cabin on 30 acres of land and he would be closest to the operation and he stated he does not have a problem with Mr. Champagne getting this special exception.
Ms. Jan Marshall spoke her fears regarding the special exception. (see attached note)
GP asked if there was anything that Mr. Champagne could do to help the noise level to Mr. McGovern’s property. Mr. Champagne stated that they could do a steeper face to help make the noise less.
Jenny Trelfa stated as a Planning Board member that the Planning Board can make very strong conditions on Mr. Champagne and that the town can go beyond RSA 155E.
EY stated that if this is approved there will be one condition set by the Zoning Board and that would be that Gravel Pit area #3 will be addressed at the Planning Board so that Mr. McGovern and Mr. Champagne could work together.
VOTE RESULTS:
Younkins Lucas Perham Ingerson
1. yes yes yes yes
2. yes yes no yes
3. yes yes yes yes
4 yes yes no yes
5. yes yes yes yes
The vote was in the 3 in the affirmative, 1 no. The application for a Special Exception under Article V Section 5.07.2 is approved.
Motion to adjourn at 9:30 pm by J. Ingerson, 2nd by B. Lucas, all voted in favor.
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