Zoning Board of Adjustments - Minutes (Final)
ZBA
Town of Epsom
Zoning Board of Adjustment
8/3/16
In Attendance: Glenn Horner, Chairman; George Carlson, Vice Chairman; Mike Hoisington, Alternate; Ricky Belanger; Andrew Ramsdell, Alternate; Darlene Phelps, Recording Secretary
Not In Attendance: John Dodge, Planning Board Representative; Gary Kitson, Alternate
Also In Attendance: Jeff Lewis; Mike McDonough; Jay Lee Nai; Anna Smith; Carole Brown; Mike & Jennifer Tinsley; Alfredo Rossi; (illegible); Joyce Heck; Miriam Cahill-Yeaton; Norman Yeaton; Virginia Drew; Christie & Steve Gerasimchik; Tom LeClaire
7:00 PM Glenn opened the meeting, introduced the members of the board and advised the procedure for the meeting. The members voting on tonight’s hearing will be Ricky Belanger, George Carlson, Alan Quimby, Glenn Horner & Mike Hoisington.
The minutes of 7/20 were reviewed. Mike made a motion to approve the minutes as amended. Alan seconded the motion. All in favor.
Case 2016-05 (McDonough – Variance) – Michael McDonough has applied for a variance to Article II, [Zones and Districts], Section C [Table of Uses] to allow for construction of a multi-unit self-storage facility. The Table of Uses does not include self-storage facilities, therefore, they are not allowed. The applicant is also applying for a variance to Article II, Section B [Purpose of Zones], Paragraph 2.c [Residential/Light Commercial Zone Uses] to allow for construction of an 8,000 square foot climate controlled storage facility along with 37,800 square feet of individual unheated self-storage units contained in 6 separate clusters. In addition to the proposed new construction, two existing structures will remain on the property. The ordinance allows for one (1), five thousand (5000) gross square foot commercial building per lot. The property is located on Dover Road (US Rte. 4) within the Residential Light Commercial Zoning District and is identified by Epsom Tax U-5 as Lot 84.
Glenn advised that this hearing was properly posted in two public places, was advertised in the Concord Monitor and all abutters were notified by certified mail. All return receipts were received back with the exception of the State of NH and Michael McDonough.
Jeff Lewis from Northpoint Engineering & Michael McDonough were both sworn in. Jeff noted that Michael has a Purchase & Sale agreement on the property in question. Jeff advised that they are aware that pending the approval by this board, they will need to go to the Planning Board for site plan review, as well as obtaining appropriate permits from DES and a driveway permit must be obtained as well.
They intend to remove the entire building on the front of the property and keep only the building on the far right of the property. The proposal is to construct 6 storage unit clusters with a total of 37,800 square feet and an 8000 square foot climate controlled facility.
They feel that a storage facility is low impact – there are no “peak times” and there is very little traffic. They have not addressed the drainage at all aside from walking the property. The property is 5.6 acres, and Jeff feels this is a less intensive use than other uses that could take place on this property. Jeff noted that even if their proposal was much smaller, they would still need a variance due to the use; consequently an allowed use that is more intensive would not need a variance because is an allowed use.
Mike M. said that he owns self-storage facilities in Bristol, Pittsfield & Sunapee and in comparison to those, he expects that a facility this size will generate 12-20 cars per day. On average units are accessed twice a month. Tenants have access 24 hours per day, and office hours are usually 40 hours a week. This business will provide a nice tax benefit to the town. He said they wanted to keep the original structure but because of the way the big buildings were constructed, they would be unable to convert that large building into storage units. The building on the far right will be used for office space, boxes, etc. The 8000 square foot replacement building would be a New England style building with small windows, a cupola, white clapboard siding, etc. in order to maintain the character of the neighborhood. The storage units in the back will be the standard siding for self-storage units.
Glenn asked if there are any abutters in favor of the proposal. There are none.
Glenn read a letter from Bruce & Penny Graham that was submitted with a request that it be read aloud. (Copy attached). In response to this letter, Michael said that speaking of his storage facilities only, there have been no arrests, no drugs found during any audits, and he’s never found anyone living in any of his units.
Glenn asked if there are any abutters in opposition of the proposal.
Anna Smith, immediate abutter, was sworn in. She had submitted a letter to the Board but was able to attend the meeting. She asked if there has been any deed work on this property. Mike responded that a survey needs to be done, as it appears that the building on the west side of the property is over the property line. She asked if the drainage easements have been reviewed, as she stated that the State of NH owns a drainage easement on their property as well as on her property. She is concerned about traffic as well. She said that her property is below grade all the way around the property and is concerned about any additional water coming on to her property. She is very much not in favor of this project.
Jeff said they have not looked into the drainage easements yet but they are aware of drainage issues.
Michael Arvanitis was sworn in and said that at the last public hearing for a business at this site there was a condition that traffic could only exit the property headed west and asked if that has been considered. Glenn advised that this board is not aware of that – that was likely a Planning Board condition. Jeff responded that DOT and the Planning Board will dictate that type of condition.
Alan also noted that if they turn left into the facility when heading east, they will be turning from a passing lane.
Virginia Drew was sworn in. She said she just left the old library located across the street and noted the traffic she had to cross. She also said she was just chatting with a descendent of Colonel Cilley who is a Revolutionary War hero that helped build that building. She said although the building may not be “legally” historic, it is the historic center of our town. She is sad to see the historic structures in our town disappear. She asked if the Police have been consulted – Glenn replied that in Bruce Graham’s letter he mentioned that Chief Preve stated there is an issue of suspicious behavior at the other storage facility in Epsom, so he will need to be consulted.
Alan asked if there is a Gosseville Historic District. Andrew doesn’t believe that was ever officially established.
Norm Yeaton was sworn in. He asked if a storage unit was ever approved on Route 28 just beyond M&M Ford. Ricky replied no; they only had a certain amount of time to do that and the time expired. Norm also asked if there will be exterior storage at this facility and Mike responded no, that this property is not appropriate for outdoor storage.
Alan asked if at his other facilities if there is a list of allowed storage items. Mike replied yes, it’s in the contract. He stated that unclaimed property is sold at auctions, of which they have had many and the only item ever found that was not allowed was an unregistered gun.
Mike Tinsley was sworn in. He and his wife Jen live across the street and while they’d like to see the property cleaned up, they are concerned about the construction process – dust, noise, etc. He asked for a timeline of completion. Mike D. replied 6-7 months for the big building out front & one building out back. Andrew asked why they wouldn’t build them all at once. Mike D. said building them all at once would create a lot of overhead for empty buildings. Mike Tinsley is concerned about big trucks turning in in a narrow area, as well as 6-7 months of disruption.
Joyce Heck was sworn in and feels it would change the character of the neighborhood. She said the allowed building size is 5,000 square feet and they are requesting a variance to build structures 9 times that size. She is a part owner of Valley Artisans and feels this would not be welcoming. She doesn’t think this will add value to her property when she goes to sell it in 20 years. Jeff & Mike D. do not have any response to the property value question.
Mary Yeaton was sworn in. She is concerned about the way it will look, but is more concerned about the water issue for Anna Smith and the safety of vehicles turning in & out. She would like to see more business in town as this is a great tax benefit to the town.
Glenn noted that a condition is normally that no additional water can leave the applicant’s property once the property is developed.
Jay Lee was sworn in. He stated he is the listing partner for the property and he said he had a few other people look at the property and were going to try to use the existing structure, but it was going to cost $500,000 to improve the existing building, and no one wanted to make that investment.
Carole Brown was sworn in and asked about people accessing the units at any time of day or night. Mike M. confirmed that there will be 24 hour access for tenants. This appears to be a concern among several abutters.
Mike Hoisington asked how many levels are in the 8000 sq. foot building – Mike D. replied one level. There will be 230 units in the larger buildings and 100 units in the main building.
Christie Gerasimchik was sworn in and asked about lighting. Mike responded that the downward facing lights are on a timer to be on between dusk & dawn and are placed in between the buildings only and on the outside of the back of the building – not on the ends of the buildings.
Jeff stated that they would like a continuance to allow them time to address some of the issues raised, as well as talk to the Police Chief, to see if they will be able to respond to the abutters. He asked to postpone going through the criteria. They could perhaps use the property for another use that may be more acceptable to the neighborhood.
Glenn asked each board member for a short statement about the feeling of this development.
Ricky said it’s a wonderful idea but totally in the wrong area. Rick suggested the property that Sonny Sell was going to use up on Route 28 would be more suitable.
George – He would like to see the preservation of the historic building. He thinks it is a lot going on, and since the property sits low it will not be too visible. He also asked about the town well, which is located in this area. Unfortunately Gary Kitson, who is a commissioner for the water district, isn’t here tonight to provide input.
Alan – He looks at this as the Gosseville Historic District. He understands they’d need a variance anywhere in town, but seeing this many people at a ZBA meeting tells him that this is a huge concern. He also asked if there are sprinklers, smoke detectors, etc. in the units & Mike replied no.
Glenn – similar concerns as Ricky – there are huge commercial areas in Epsom that would be more appropriate for this use. He is having a real hard time with this proposal.
Andrew- Said he doesn’t feel this use meets the criteria. He understands there are other uses that can go there, but this seems to be tough to meet.
Mike- He likes the tax base, and is not personally attached to the front building at all, as it has been in a state of disrepair for a long time. He is concerned more about the percentage of the increase, the paved surface out back and the effect on drainage. He doesn’t feel this meets the character, the intent or the spirit of the ordinance. He feels that the ordinance is in place for a reason and he needs a very good reason to go against the ordinance. He is also concerned about the traffic safety.
Jeff would still like to have a continuance to give them time to see if they would be able to address all of the concerns raised.
Mike made a motion to continue to September 21. Alan seconded the motion. All in favor.
8:36 PM
Andrew made a motion to adjourn. George seconded the motion. All in favor