ATKINSON ZONING BOARD OF ADJUSTMENT
21 Academy Avenue
Atkinson, New Hampshire 03811
Public Hearing Meeting Town Hall
Wednesday, August 9, 2006
Present: Bill Friel, Vice-Chairman; Sandy Carter; Hank Riehl; Kate Rochford
Alternates: Samuel Zannini; Maggie Osborn (voting)
Mr. Friel called the meeting to order at 7:30 P.M.
Correspondence
Incoming
Home Business Application for William Carpenter, 13 Meadow Lane, Map 3, Lot 95 for’ Mr. Mom & Sons Carpet Care’.
State of NH, Dept. of Safety, Division of Motor Vehicle application for ‘Auto Inspection Station’ and ‘Bonded Retail Vehicle Dealer’ for David May, 9B Kipcam Road, Map 20, Lot 11, CI Zone.
Home Business application for Robert Leavitt, 59 Providence Hill Road, Map 6, Lot 21-1 for ‘Bob Leavitt Auto’.
State of NH, Dept. of Safety, Division of Motor Vehicle application for Retail Vehicle Dealer’ for Robert Leavitt, 59 Providence Hill Road, Map 6, Lot 21-1.
Zoning Board Budget printout dated 7/31/06
Joseph Guischard, DVM, Home Business Renewal Application for ‘Brushwood Veterinary’ 6 Jericho Road, Map 2, Lot 12.
Outgoing
Boyle Construction Co dated 7/18/06 re: Wetland Variance approval for property on 20 Winslow Drive, Map 13, Lot 29-7.
Home Business Renewal notice to Dr. Joseph Guischard, Brushwood Veterinary Clinic, 6 Jericho Road, Map 2, Lot 12.
Home Business Renewal notice to Ronald Nickerson, Building Line Woodworking, 137 Upper Maple Vaenue, Map 18, Lot 64-1.
Approval of Minutes: July 12, 2006
Page 1, last paragraph, second last sentence, change "dot" to "not".
Page 1, last paragraph, second last sentence, delete "was the one".
Page 2, first paragraph, after "home sizes will not", add "all".
Page 2, second paragraph, last sentence, change "here" to "her"..
Mr. Carter made a motion to approve the minutes as amended. Ms. Rochford seconded and the motion was approved.
Home Business Renewals:
Motion to approve the new business application based on the application presented was made by Mr. Riehl, seconded by Mrs. Osborn and unanimously approved.
Motion to approve the home business application based on the application presented was made by Mr. Friel, seconded by Mr. Riehl and unanimously approved.
Motion to approve the home business application based on the application presented and with the condition that the vehicle is screened from the neighbors was made by Mr. Carter, seconded by Mr. Zannini and unanimously approved.
Motion to approve the home business application based on the application presented and noting that there were no changes from the last application was made by Mr. Carter, seconded by Mrs. Osborn and unanimously approved.
Public Hearings: 8:05 P.M.
Fred & Melissa Porcella request for Special Exception/Extended Family Accessory Living Unit as specified in the Zoning Ordinance, Article IV, Section 460 to allow construction of a 22’x22’ addition to property located at 7 Butler Road, Map 6, Lot 74, TR2 Zone.
Abutters list was read with the following present: Fred and Melissa Porcella
Mrs. Porcella told the Board that she and her husband wanted to construct and addition that included an accessory living unit that was 22’ by 22’. Mrs. Porcella gave the Board a copy of a plan depicting the addition and showing what the house would look like from the outside. Mrs. Porcella explained that her mother would be living in the unit. There would be direct access to the new kitchen in the Porcella’s house. The Porcella’s presented a replacement plan for the septic system, which has been approved. They indicated that they are going to replace the system in the spring and will not be waiting.
The Board reviewed the criterion
The Board agreed this criterion was met.
The Board agreed this criterion was met
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Mr. Riehl made a motion to approve the request based on all of the conditions being met. Mr. Carter seconded the motion and it was unanimously approved.
Public Hearings: 8:25 P.M.
Jeanne Arsenault request for Appeal of the Building Inspector’s decision to deny the application of a Dance Institution Studio to be located at 8 Commerce Drive, Map 20, Lot 18 , CI Zone based on such use not permitted in Article V, Section 510:1. If his action is found to be correct, application is also made for a Variance from Article V, Section 510:1 of the Zoning Ordinance to permit the Dance Studio of Performing Arts to be located at the above noted property, CI Zone
Abutters list was read with the following present: Jeanne Arsenault
Mrs. Arsenault explained that she currently owns a studio in Windham and would like to relocate closer to home. They are interested in purchasing this property for the studio. This proposed studio would be located in the CI zone. Mrs. Arsenault stated that there would be approximately 10 students per class for younger students and 14 for older students. There would be approximately 20 vehicles at one time. She would also be selling dance related products at the studio. Mrs. Arsenault explained that there is currently a Karate School, Regent 10, which is a handicapped business and some others. Mr. Friel asked Mr. Jones for input regarding his denial of the application Mr. Jones explained that the use was not specifically identified in the use chart. He wanted the ZBA to make the decision and did not have a problem with that business in the zone. All of the businesses are offices, but the soundproofing is adequate and there is more than adequate parking facilities.
Mr. Friel said he understood why Mr. Jones denied it because there is seems to be nothing specific to this. Mr. Friel believed this could be a permitted use in this zone. Mr. Carter agreed that the use is consistent with others in that zone. There is also a gym located in the area. Mrs. Osborn believed this could fall under retail enterprises because there was a service being sold and products related to dance being sold. The Board agreed.
Mr. Carter made a motion that the Building Inspector erred in denying the application and that the finding of the Board is that the description of the business fits the retail enterprises use, which is permitted in this zone. Ms. Rochford seconded and it was unanimously approved.
Motion to adjourn was made and seconded. Mr. Friel adjourned the hearing at 8:45 P.M.
Minutes Transcribed from tape.
Respectfully submitted ________________________________
Rebecca Russo Approved