Zoning Board of Adjustments - Minutes (Final)
Town of Epsom
Zoning Board of Adjustment
4/20/16
In Attendance: Glenn Horner, Chairman; George Carlson, Vice Chairman; Ricky Belanger; John Dodge, Planning Board Representative; Mike Hoisington, Alternate; Gary Kitson, Alternate; Andrew Ramsdell, Alternate (arrived late); Darlene Phelps, Recording Secretary
Not In Attendance: Alan Quimby
Also In Attendance: Jim Findlay, Donna Findlay, John Findlay; Brandon Suppa; Bob & Yvette Gelinas; Park Watson; Krist & Wendy Nelson; Amy Merrill; Leland Briggs; Jason Massicotte; Jay Hickey; Andrew Ramsdell
7:00 PM Glenn opened the Public Hearing and introduced the members of the board. The minutes of 3/30/16 were reviewed. Gary made a motion to accept the minutes as presented. John seconded the motion. All in favor.
Case 2016-03 Wendy Nelson, on behalf of Sunrise View Leasing, LLC has applied for a Special Exception, as allowed under Article II, Section C [Table of Uses] for Retail and Service Use Number 19 (b), to construct and operate an Elderly Multi-Family Residence (three or more dwelling units). The applicant is also seeking a Variance to Article III, Section G [Residential Single and Multifamily Residence Requirements], Subsection 5 [Elderly Multifamily Apartment Residences with Three or More Units] to allow for:
1. Occupancy by persons who are at least 55 years vs. 62 years of age as specified in paragraphs 5.a [Definition] and 5.b [Purpose];
2. Residence ownership by a “for profit” corporation vs. a “non-profit” corporation pursuant to RSA 292 and exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code as specified in paragraph 5.a [Definition];
3. State maintained road frontage of 622 ft. vs. 1000 ft. as specified in paragraph 5.e [Frontage].
The property is located on Short Falls Road and River Road within the Residential/Agricultural Zoning District and is identified on Epsom Tax Map as U-14, Lot 30.
Glenn advised that this hearing was properly posted in 2 public places, published in the Concord Monitor and all abutters were advised by certified mail. All certified receipts were received back with the exception of Cynthia Mayville & Steven Warner. Glenn explained the procedure for the meeting and introduced the members of the board. Wendy & Krist Nelson were sworn in. The Board will hear the Special Exception and Variance requests all at once.
The Nelsons presented a small packet of material to the board and explained their plan to build a senior housing development called Sunrise Meadow. The project includes multi-family elderly housing (55+), a community center and open space and is located 500’ off the road. Wendy explained that the open space area will include space for residents to plant their own vegetable garden. They plan to use town water and will have a state approved septic system. There is space for a future solar panel installation. There will be a laundry facility and also small storage units for rent.
She explained that part of their variance is because they are not a non-profit organization, they will be paying taxes. Since this is not a condominium complex, an association will not be required.
The property is located on 23.8 acres, has 622’ of frontage on a state maintained road, and will be located 500’ off the main road. The access will be off Short Falls Road. They will only be using a small portion of the property. The 6 buildings in their plan will be different colors. There will be 6 buildings with 4 units each. Half of the units will be one bedroom, the other half will be two bedroom units; all one story. Buildings are at least 25’ away from each other. There will be an adequate parking area. The Nelsons will be doing all of the maintenance and management of the project. The buildings will have sprinklers and there is a fire hydrant already there, so no cistern is required.
They have a letter from the Water District indicating there is enough flow for full water & sprinkler systems and a letter from the Fire Department with a preliminary approval for emergency access.
Because Wendy compared this project to Morgan Farms, Glenn explained that the difference between this project & Morgan Farms is because that project was for a special purpose multi-family, not senior housing and while the end result is the same, the requirements are a bit different because of the Variance applied for.
Sunrise Meadow will require at least one person to be 55 to occupy each unit and the Nelsons agree that 80% of the overall population will be over 55.
Glenn would like to have our attorney review the covenants to ensure there are no issues.
Glenn asked what members of the public would like to speak in favor of the proposal – there are none. Glenn asked Jay for input & he said he would really like to see this be only 55+. Jay also said that this project for senior living will be a much more pleasant experience and will incur many less problems than a typical multi-family facility.
Glenn asked what members of the public would like to speak in opposition of the proposal. Donna Findlay said this entire project is in her back yard, and she is very much opposed to this project. She doesn’t want to see the corn fields and rural nature go away. She also is concerned about the requirement of only one person being 55. She questions whether her property value will be affected. She asked why the requirement for 1000’ of frontage was put in place to begin with and is not in favor of allowing the project with only 62% of that requirement. She said that Short Falls Road is already a speedway and the cars entering and exiting will only make it more difficult for her to exit her driveway. Donna said everything in their neighborhood is white & tan and all of these colored buildings will stand out.
Wendy Nelson responded and said while no one wants it in their backyard, there are worse things that could be there. Wendy noted that the property has been on the market for a long time. It is not economically feasible and responsible to the community to leave it a cornfield, when this project will bring something good and will bring a tax base to the town. Wendy also noted the colored buildings will be cheerful – not bright and obnoxious. Glenn noted that the speeding can be addressed by notifying the police department and they will provide better enforcement.
Donna questioned how long before the project will be complete. Krist & Wendy said completion will take a couple of years, but they hope to have a few foundations poured this summer.
Jim Findlay was sworn in and is opposed to the project. He is concerned about a partial project – finishing one building and covering the next with Tyvek for 5 years.
Glenn explained that the job of the Zoning Board is to look at this project & weigh whether it meets our criteria to essentially “break the rules” of zoning in order to approve the project.
Jason Massicotte is a realtor and feels strongly that this will affect surrounding property values. He doesn’t feel the town will receive any benefit until the project is done. He also questioned the road frontage being less than is required for a residential driveway. He feels the applicant didn’t do due diligence prior to purchasing the property. He questioned if the senior housing will be low income or if the tenants will be required to have a certain financial standing. He is concerned about the project being brought to completion if the applicants don’t have proper financing.
Wendy responded that the tax base will be increased. She also said that it is not fair to assume that they don’t have financing and noted that this isn’t their first building project, and it is also unfair to assume that the project will be dragged out. They will complete the project as quickly as possible. She also noted that this is not the first project that has less than 1000’ of frontage. She responded that they want to work with the ZBA to come up with covenants to help make sure they get the right mix of people coming in. They are not applying for subsidized housing.
Jason asked the Board if the applicant has provided financial statements, and Glenn replied no, it is not a requirement of the application process.
Bob Gelinas was sworn in and asked why the Nelsons would get special provisions for the road frontage. Glenn explained that they have requested the variance and the board has to review all of the evidence and answer 5 criteria in order to grant it. He asked who says there’s enough water to supply those buildings. Glenn replied that the Water District Superintendent has said that there is enough water. Bob doesn’t feel this is the case.
Mike Hoisington asked if there could be a provision to prevent them from further subdividing the property. Glenn & Ricky said that could be put in the conditions.
Krist said their plan is to frame all 6 buildings, plus the community building and then go around and start the insides of each building. That way once one building is rented there will not be big construction vehicles & noise in constructing the other buildings.
George made a motion to continue this hearing May 4. Gary seconded the motion. All in favor. Glenn noted that this case will be second on the agenda so it will be heard after the first case.
8:39 PM Old/New Business:
Glenn said he will set up a meeting with the attorney to discuss the Nelson’s covenants.
8:42 Mike made a motion to adjourn. George seconded the motion. All in favor.