APPROVED

 

TOWN OF PELHAM

ZONING BOARD OF ADJUSTMENT MEETING

March 12, 2012

 

The Chairman David Hennessey called the meeting to order at approximately 7:00 pm.

 

The Secretary Robert Molloy called roll:

 

PRESENT:

 

 

ABSENT:

David Hennessey, Robert Molloy, Peter McNamara, Alternate Chris LaFrance, Planning Director/Zoning Administrator Jeff Gowan

 

Svetlana Paliy, Kevin O’Sullivan, Alternate Lance Ouellette

 

Mr. Hennessey explained that without a full Board, the applicants could decide whether they wanted to proceed or request to continue to the next scheduled meeting.  If the applicant decided to proceed with four sitting members, they would need a 3-1 vote in order to receive an approval. 

 

CONTINUED HEARINGS

 

Case #ZO2011-00030  BOUTWELL, Nathan G.  /  144 Windham Road  -  Map 15 Lot 8-201  -  Seeking a Variance to Article III, Sections 307-9, 307-12 and 307-13 of the Zoning Ordinance to permit up to 12 buildings for dwelling purposes (each single family dwellings) on one lot where such lot has an overall size of approximately 9.63 acres.  A Variance is also requested to Article VII, Sections 307-39 and 307-40 to permit a street, well(s), utility right-of-way easements, power lines and pipe lines (and related appurtenances) in the buffer portion of land within the Wetland Conservation District

 

Mr. Hennessey said the applicant submitted a request to continue to the April 9, 2012 meeting.   It was noted that Mr. LaFrance had been present during the previous discussion of the case. 

 

MOTION:

(McNamara/Molloy) To continue the case to the April 9, 2012 Board meeting.

 

VOTE:

 

(4-0-0) The motion carried. 

 

HEARINGS:

 

Case #ZO2012-00002   GAGNE, Ryan  /  197 Marsh Road -  Map 39 Lot 6-185-1 –  Seeking a Variance to Articles IV&V, Sections 307-16 & 307-18, Table 2 of the Zoning Ordinance to permit a landscaping business and storage of landscaping equipment in a residential zone.

 

Mr. LaFrance recused himself from the decision.

 

Mr. Joseph Maynard of Benchmark Engineering came forward.  Mr. Hennessey asked the applicant if they would like to proceed.  Mr. Maynard requested that the case be continued to the April 9, 2012 meeting.

 

MOTION:

(McNamara/Molloy) To continue the case to the April 9, 2012 Board meeting.

 

VOTE:

 

(3-0-0) The motion carried. 

 

 

Case #ZO2012-00003   WILLOWS PLAZA LIMITED PARTNERSHIP   /  1 Willow Street  -  Map 35 Lot 6-31   -  Seeking a Variance to Article XI, Section 307-69 (JJ) to permit a second wall sign at Family Dollar

 

Mr. LaFrance was appointed to vote with regard to the case.

 

Mr. Joseph Buchholz of Kay Gee Sign and Graphics came forward to discuss the Variance request.  Mr. Hennessey explained that three votes in affirmation would be needed to grant the variance.  He said the Board generally allowed an applicant the decision whether they would like to continue with a hearing, or wait until the next hearing.  Mr. Buchholz said he preferred to continue. 

 

Mr. Molloy read the list of abutters aloud. There were no persons present who did not have their name read, or who had difficulty with notification.

 

Mr. Buchholz explained that the building’s orientation was such that when traveling north on Route 38 the side wall was visible, but it was difficult to see that the store was there.  He said Family Dollar would like to put their name on the side of the building to increase their visibility.  He commented that there were buildings with similar orientation in Town and they would like the same privilege. 

 

Mr. Gowan reviewed the Town’s Zoning under Signs (JJ) that stipulates there are three types of signs; and businesses can only have one each from the categories.  He said in this case, the business already has a wall sign and was restricted.  He said the Town allowed a 50SF maximum; the sign currently on the Willow Street side of the building was under that size.  He believed the applicant was seeking the same signage (as on the Willow Street side) to be placed on the Route 38 side of the building.  He felt the applicant’s request was fairly modest compared to what they could be requesting.  Mr. Buchholz said the applicant didn’t want a projected roof sign, they preferred to have similar visibility on Route 38 as they do on Willow Street. 

 

Mr. Buchholz read aloud the Variance criteria as submitted in the application. 

 

Mr. McNamara thanked the applicant for submitting the photographs depicting the proposed signage.  He asked if the proposed sign would be exactly as the same as the existing sign (size, color etc.).  Mr. Buchholz answered yes.  Mr. McNamara asked if there would be any flashing or electronics.  Mr. Buchholz answered no. 

 

There was no public input.

 

BALLOT VOTE:

 

Mr. Hennessey – Yes to all criteria

Mr. McNamara – Yes to all criteria

Mr. Molloy – Yes to all criteria

Mr. LaFrance – Yes to all criteria

 

VOTE:

 

(4-0-0) The motion carried.

 

 

 

VARIANCE GRANTED

 

 

REQUEST FOR REHEARING

 

Case #ZO2011-00029   GAGNE, Ryan  /  197 Marsh Road  -  Map 39 Lot 6-185-1  -  Seeking a Special Exception to Article III, Section 307-76 III to permit a general home occupation of a landscaping business.  (NOTE: This BOA case will be limited to the request for rehearing only.  If the request for rehearing is granted a hearing date will be specified and all abutters will be notified via certified mail.)

 

Mr. LaFrance recused himself from the discussion.

 

Mr. Hennessey said the statute was clear, if the applicant chose not to have the Board have the rehearing, the Board would have to suspend their decision of the last hearing.  Mr. Maynard said he would appreciate if the Board would hear the rehearing at the next meeting so he could have a full Board present. 

 

MOTION:

(McNamara/Molloy) To suspend the Board’s decision from the last hearing regarding the Special Exception.

 

VOTE:

 

(3-0-0) The motion carried. 

 

DATE SPECIFIED HEARING(S) – April 9, 2012

Case #ZO2011-00030  BOUTWELL, Nathan G.  /  144 Windham Road  -  Map 15 Lot 8-201

Case #ZO2012-00002   GAGNE, Ryan  /  197 Marsh Road -  Map 39 Lot 6-185-1

Request for Rehearing - Case #ZO2011-00029   GAGNE, Ryan  /  197 Marsh Road  -  Map 39 Lot 6-185-1 

 

MINUTES REVIEW

 

January 21, 2012 – deferred.

February 13, 2012 – deferred.

 

ADJOURNMENT

 

MOTION:

(Molloy/McNamara) To adjourn the meeting.

 

VOTE:

 

(4-0-0) The motion carried. 

 

The meeting was adjourned at approximately 7:25 pm.

Respectfully submitted,

                                                                                          Charity A. Landry            

                                                                                          Recording Secretary