Zoning Board of Adjustments - Minutes (Final)
ZBA
Town of Epsom
Zoning Board of Adjustment
6/1516
In Attendance: Glenn Horner, Chairman; George Carlson, Vice Chairman; Gary Kitson, Alternate; Andrew Ramsdell, Ricky Belanger; Darlene Phelps, Recording Secretary
Not In Attendance: Alan Quimby; John Dodge, Planning Board Representative; Mike Hoisington, Alternate;
Also In Attendance: Jay Hickey; Jim Findlay; Cortland Johansen; Krist Nelson; Steven Warner; Alison Scheiderer; Timothy Scott
7:00 PM
Glenn called the meeting to order. The minutes of 5/4/16 were reviewed. Gary made a motion to approve the minutes as amended. Andrew seconded the motion. Andrew, Gary & Glenn voted in favor. Ricky & George abstained as they were not in attendance. Motion carried.
Glenn advised that this meeting is to consider the two applications the board has received with a request to appeal the decision of 2016-03 Sunrise View Leasing. This is a board meeting, not a public hearing and no public testimony will be taken.
Appeal requests were received from Timothy Scott and Steven Warner.
Timothy Scott is not an abutter or located within 200’ of the property, however Town Counsel has advised that it would be appropriate to consider his request as he is located on the approach to the property in question and will be impacted more than other town residents.
Steven Warner is an abutter.
Glenn stated that the original public hearing was noticed to all abutters by certified mail as well as posted in two public places and published in the Concord Monitor.
The certified letter to Steven Warner was addressed to his known address and delivery was attempted on April 11, 16 & 27 but was not claimed and was returned to us by the Post Office. Timothy Scott was not notified by certified mail as he is not an abutter within 200’.
Neither Steven Warner nor Timothy Scott were in attendance at the prior public hearings.
Glenn asked the board if they have reviewed the appeal requests, and Ricky said he had not. The board decided to review the requests and have discussion.
Glenn first read the appeal request from Timothy Scott. His concerns are about open space, the proposed number of occupants, the age of residents, the historic area, the rural character of the neighborhood. He also feels the project is not essential or desirable as specified in the ordinance. Discussion amongst the board is that open space has been considered, as well as the number of occupants, that is not a historic district and the rural character is subjective. As well as the property owner has the right to create housing that is not “senior” or “elderly” without a variance which would come at a substantial tax burden to the taxpayers of Epsom. The board recalled that there was one abutter that was in attendance at both meetings and while she was initially very much opposed, her concerns were addressed & she was more in favor of this senior housing than the option of standard multi-family housing or a multi-lot subdivision.
Gary made a motion that having received insufficient evidence to warrant a rehearing and finding no errors committed by the Board in process, procedure or law in reaching its decision in Case 2016-02, the rehearing request is denied.
George seconded the motion. All in favor.
Glenn read the appeal request from Steven Warner. His concerns are that Sunrise View Leasing is not a member of this community, and instead is an “out-of-town for-profit company”. He is also concerned about the intentions of the ZBA members. Mr. Warner is ill informed about the meeting process and was confused about the difference between Non-Residential Site Plan Review by the Planning Board vs. the Variance & Special Exception request heard by the Zoning Board of Adjustment. He is upset that this project is being called “elderly” housing, and people age 55 are not elderly. He questioned the taxes that will be collected on this property. He questioned the ZBA granting permission to develop this property with only 662’ of frontage vs. the 1000’ requirement in the Zoning Ordinances. He is concerned about traffic & noise. He is concerned that the addition of 48 new residents will call for additional police presence, at a cost to the taxpayer. He is concerned about the condition of the road, (which is a state-owned road). He is concerned about too many certified healthcare providers under the age of 55 living with residents. He is concerned that Sunrise View Leasing will be coming back with a request to double the size of this project and that the ZBA will reverse its decision to prevent further development.
The Board noted that any business owner in the Town of Epsom has the right to earn a profit. It was noted that ZBA members serve on this board voluntarily and are not self-serving. Glenn also noted that there are always vacancies on land use boards for other residents to join. It was explained that while the tenants will not be paying taxes, Sunrise View Leasing will be paying taxes for the project as a whole. Several members noted that these types of elderly housing developments are generally very quiet – noise should not be an issue. It was also noted that while these 48 new residents could cause our Police Department to have a larger presence, it is still a much lower tax burden than typical Single Family homes with children that use the school system. While the applicant does have the ability to come before the board to request further expansion, that case would be heard at that time. This board has history of not changing conditions.
Glenn asked the board members if they feel there are any grounds for rehearing. Ricky said absolutely not. Gary agrees with Ricky & feels this is the best use for the property and the impact on the roads, etc. would be much more with a standard multi-family housing.
George made a motion that having received insufficient evidence to warrant a rehearing and finding no errors committed by the Board in process, procedure or law in reaching its decision in Case 2016-02, the rehearing request is denied.
Gary seconded the motion. All in favor.
Tim Scott asked if his appeal process has been exhausted. Glenn said with this board, yes. He could appeal to Superior Court.
Steven Warner stated that he appreciates the board reviewing his letter. He said he did not receive the certified letter notices. Glenn noted that this board always welcomes resident attendance and noted that the Planning Board is in need of new members.
8:00 PM
Jay advised about an upcoming case.
8:09 PM Gary made a motion to adjourn. George seconded the motion. All in favor.