TOWN OF GILMANTON ZONING BOARD OF ADJUSTMENT THURSDAY, SEPTEMBER 17, PM. ACADEMY BUILDING MINUTES

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1 Chair Elizabeth Hackett called the meeting to order at 7:03 PM. Members attending: Elizabeth Hackett, Perry Onion, & Nate Abbott, Vicky Fournier (alternate). Member not attending: Mike Teunessen Also in attendance: Annette Andreozzi, Land Use Administrator The Chair made introductions and explained the ZBA procedures. She sat Ms. Fournier as a full member. The Chair stated that there were only 4 Board members present and the applicant could ask to continue until a future meeting. Three positive votes would be needed for any decision to pass. The applicants indicated that they wished to continue with 4 members. NEW BUSINESS Public Hearing Case # Gerard & Denise Bastien, owners: requests an after the fact variance from Zoning Ordinance Article IV Table 2 for the building of a deck and ramp in the lake and side setbacks. Property is.14 acres located at 12 Terrell Way, Map/Lot# 112/10, in the Rural zone. Mr. Bastien stated that there was a communication issue with his builder. He pointed out the before and after pictures in the record. The pictures show where an original door was. The steps and landing off the porch were not to code so they were re-done. He felt the need of another exit from upstairs so he had the door converted to a 6 sliding door. He made the property much better and probably brought property values up. He said the complete design should have been given to the ZBA originally. He needed steps to get down from the landing which was not one step above ground as stated at the previous ZBA meeting. For all that he needs after the fact approval. Ms. Hackett said that for the record it looks 100% better than what was there before, but what was built was not what the ZBA approved. She understood the need for moving of the door and the need for the railing. Before it was built, the applicant should have come back before the ZBA and asked if the changes were ok. The pictures indicate that what was done was not what was approved by the ZBA. Mr. Bastien said it was a lesson learned to make sure everything is detailed. Mr. Abbott stated that the building is an improvement over what was there. The ramp is 1

2 a minor issue. Mr. Onion said the building inspector has control over construction of steps and rails. Mr. Abbott moved to close Public Hearing Case # Gerard & Denise Bastien, owners. Seconded by Ms. Fournier. Motion passed unanimously. Public Hearing Case # Andrew McSheffrey, applicant, Timothy J Sullivan Trust, owner: request a variance from Article IV Table 1 to build a one story 16 x 24 shed and a 12 x 44 covered pavilion for non-commercial recreational use where there is no residential structure. Property is acres located on Middle Route, Map/Lot# 405/21, in the Conservation zone. Mr. McSheffrey, representing the owner, said the structure was to store an ATV that was used to cruise around the property. There are game cameras on the property, which have shown that many people access the property. The owner wants to keep his property safe. Ms. Hackett read an from an abutter, who was concerned with shooting safety, and noise from a shooting range. Ms. Hackett showed the drawing of the buildings and confirmed that the pavilion was not to be enclosed. She stated that there is a lot of land. Mr. Abbott, looked at the topo map in the record, and confirmed the Xed spot was where the buildings were to be put. Mr. McSheffrey showed a picture of the site. Mr. Abbott asked about roads on the land. Mr. McSheffrey said the land was flat where the buildings were going and there are old logging roads to the site. Mr. Abbott asked the distance from Middle Route to the site location. Mr. McSheffrey said ¾ mile approximately. Greg Parker, abutter, stated that he lives out there and used to hike on the property, when it belonged to the former owner. The logging road was open to the back of the hill. He said if that was the site location then it is ½ mile from Middle Route. Steven Meserve asked what direction the shooting alley would face because he lives on one side of the gate and has children. Mr. McSheffrey said there was a massive berm into which the shooting occurs. The berm is located where there is no view and it is not by either pond, or on the logging road. He said they travel off the logging road past a small pond staying straight then forking into an open area. There is and will be no power to the buildings. Mr. McSheffrey said he flagged the area, thinking it would be visited. Mr. Abbott said he didn t visit because it wasn t a residence and he didn t know what he 2

3 would see. He stated that a third party would be using the land not the owner or applicant. It is a group activity of shooting, where they already shoot weapons into the berm. Mr. McSheffrey said the plan was not to do anything different than was being done now. The shed would safely house the ATVs, and the pavilion was for comfort. Ms. Hackett stated that will there will be groups, and the Board might be concerned with porta potties, and that there is no septic. Mr. McSheffrey said an 80 year old man uses the property once a week. Ms. Hackett asked if the applicant would accept a condition on the variance that required that the buildings remain the same size and use. Mr. McSheffrey said that would be no problem. Mr. Parker said that the main purpose of the pavilion was for cover for shooting, and 44 is a lot of space for one person. There is a lot of traffic and noise already on Middle Route. He bought out there for peace and quiet, and doesn t want a shooting range. Linda Parker was concerned about traffic and noise, saying they have problems already, and a 6 person ATV means there will be groups of people. Hunters are different from having a shooting range. She didn t want to listen to that noise. Mr. Parker said he hadn t known there was a shooting range on Sawtooth. Mr. McSheffrey said there are illegal trespassers on the property. Mr. Mcelroy said he had lived peacefully on Sawtooth for 40 years, but the shooting is irritating when it goes on. Mr. Parker was not against a shed to protect property, but people party there and dump trash. A pavilion won t bring anything good to the neighborhood. Mr. Abbott said the submitted drawing is for 10 bays which indicates a social activity. Mr. Onion said the ZBA grants variances from zoning ordinances; he thought the Board was considering 2 buildings. If people are going to start a club they should go to the planning board. Ms. Hackett indicated that the application was before the ZBA because there is no residence on the lot and auxiliary buildings are not allow without a variance. Ms. Andreozzi indicated that the state controls rules for shooting. Ms. Hackett said the owner is using the property for personal use, not as a range. The application is for 2 buildings Mr. McSheffrey stated that the 16 x 24 building will be on a frost wall, the 12 x 40 pavilion will be on a 24 x 50 monolithic slab. That is what the owner wants. Mr. Abbott said the meeting was about whether the owner can build the stated buildings on the property. He felt he needed to see a site plan with the buildings on it and the direction and location of the trail. Mr. McSheffrey said he labeled and marked the land. The mark on the map with the application is accurate, and done by the surveyor. Ms. Hackett said that if the ZBA approves the application it will not go to planning. The Board could continue the hearing and look at the property. The public can look at the property if the owner says so. The Board can go on the property. 3

4 Mr. McSheffrey gave permission for the public to walk up to where the green tape is for the buildings. Mr. Onion stated that the issue was whether they can build 2 buildings or not, no matter how far from the road. Shooting wasn t the issue. Mr. Abbott stated that if the ZBA approved a project that directed fire to a populated area it would be an impact. The Board can t ignore that there will be a shooting range. They cannot set up an unsafe condition. He thought the testimony indicated that it will not be a dangerous distance from buildings and the owner is shooting into a berm. Mr. Onion said that if they hadn t said a word about shooting the Board would be talking about buildings. Mr. Abbott asked if the Board could craft restrictions. Ms. Hackett said they couldn t speculate on what it might be down the road. Mr. Abbott moved to close Public Hearing Case # # Andrew McSheffrey, applicant, Timothy J Sullivan Trust, owner Seconded by Mr. Onion. Motion passed unanimously. DELIBERATIVE SESSION: Case # Gerard & Denise Bastien, owners Ms. Hackett stated that some nice things had been added on their property that were not on the original ZBA application. MOTION: Mr. Abbott moved to grant a variance in Case # Gerard & Denise Bastien, owners: requesting an after the fact variance from Zoning Ordinance Article IV Table 2 for the building of a deck and steps in the lake and side setbacks, as pictured in the photos included with the application, and to rebuild the ramp to code. Property is.14 acres located at 12 Terrell Way, Map/Lot# 112/10, in the Rural zone. a. The granting of the variance would not be contrary to the public interest because the structure previously had a door to the roof, and the new construction footprint covers no more area than the original area; 4

5 b. The spirit of the Ordinance is observed because there is no more nonpervious area than before; c. By the granting of the variance substantial justice will be done because the improvement of the property will be allowed while retaining its essential environmental impact; d. The Board saw no evidence presented that granting the variance would create diminution of value to the surrounding properties; e. Literal enforcement of the ordinance could result in unnecessary hardship to the property owner seeking it owing to special conditions of the property, which are that an egress must be allowed to the second story that naturally will occur over the structure constructed, and in order for that structure to be safe a railing and doorway are required, and safe egress from the addition requires steps and a railing as well, i. a fair & substantial relationship exists between the general public purposes of the ordinance provision & the specific application to this property because there is no discernable impact to community or the environment by allowing the variance, AND ii. the proposed use is a reasonable one because the use has not changed from the prior use. CONDITIONS: 1. The second level deck may never be roofed, screened-in, or in any way enclosed. 2. The ramp must be rebuilt in the same footprint to code. 3. No additional ground may be covered on the lot by overhangs, additions, buildings, or impervious surfaces. Ms. Fournier seconded. Motion passed unanimously. 5

6 Case# Andrew McSheffrey, applicant, Timothy J Sullivan Trust, owner Mr. Abbott stated the applicants were asking for something that isn t permitted. Ms. Hackett said the property is being used for shooting, but the owner wants to control the equipment that he has out there. He will be shooting into a berm away from everything. She saw no problem. It will be no different from shooting in the woods on your own property. The abutters are concerned that it not be a shooting range at all hours of the day. Mr. Onion said it is a recreational use. The Board should not be concerned with a shooting range. Mr. Abbott stated there hasn t been a problem in the way the property is used so it could continue to be used in the way that it has been. If conditions are put on the approval the police can say: there has been a violation of the variance conditions. Abutters will know if the amount of use changes by an increase in the noise. Then enforcement can be done. He read the definition of outdoor recreation facility from the zoning ordinance. Ms. Hackett said the use is closest to auxiliary buildings, but there is no main building. There was a discussion of what the buildings use would be and if it could be considered a main building. MOTION: Mr. Abbott moved to grant a variance in Case # Andrew McSheffrey, applicant, Timothy J Sullivan Trust, owner: requesting a variance from Article IV Table 1 to build a one story 16 x 24 shed and a 12 x 44 covered pavilion for non-commercial outdoor recreational use only, where there is no residential structure. Property is acres located on Middle Route, Map/Lot# 405/21, in the Conservation zone. a. The granting of the variance would not be contrary to the public interest because there will be no amenities, heat, plumbing, electric, or other amenities to encourage its use as a living space; b. The spirit of the Ordinance is observed because the owner wishes to continue to use the land in the same way that he has up until this time; c. By the granting of the variance substantial justice will be done because the owner will be able to secure his property and better enjoy his land; d. The Board found no evidence that granting the variance would create diminution of value to the surrounding properties; e. Literal enforcement of the ordinance could result in unnecessary hardship to the property owner seeking it owing to special conditions of the property 6

7 that it is in the middle of a residential area where many individuals, not related to the owner, routinely trespass benignly and maliciously, and it is the largest parcel in the center of an area surrounded by residences and roads, AND i. a fair & substantial relationship exists between the general public purposes of the ordinance provision & the specific application to this property because the individual is simply seeking a normal freedom in the use of his land, ii. the proposed use is a reasonable one because the space available and the boundaries around the activity protect it and abutters. CONDITIONS: 1. The level and intensity of noise, traffic, and activity may not perceptibly increase from current levels. 2. Buildings may not be expanded, nor can other buildings be added to the property without returning to the ZBA. 3. Access to the buildings will be off Middle Route, and a driveway permit must be acquired. Ms. Fournier seconded. Motion passed unanimously. APPROVAL OF MOTION: Mr. Abbott moved to approve the minutes of the June 18, 2015 meeting as amended. Seconded by Mr. Onion. Motion passed unanimously. OTHER BUSINESS MOTION: Mr. Abbott moved to make a recommendation to the Board of Selectmen to appoint Ms. Fournier as full member. Seconded by Mr. Onion. Vote was unanimous. Ms. Fournier accepted the appointment. 7

8 ADJOURNMENT: Motion was made by Mr. Abbott, and seconded by Mr. Onion to adjourn. Vote passed unanimously. Meeting adjourned at 9:25 PM. Respectfully submitted, Annette Andreozzi, Land Use Administrator 8