ArcSource,
Inc. – Continuation of the application for Variance from Article 9, Sections
II.6, III.4, and III.5. Attorney Craig Salomon, Steve
Nichols and Wayne Morrill of Jones and Beach attended. Attorney Salomon reviewed the five separate
standards for facts supporting the request as previously presented at the
Zoning Board of Adjustment meeting of April 1, 2003. He summarized that while evidence has been presented that some of
the gases have the potential to ignite, the design of the site, including below
ground storage of the propane, segregated tanks with the benign gases being
stored on the outside of the building, sprinkler system, and Mr. Nichol’s
experience, the threat to the public is virtually non-existent. He also referenced the expert testimony
previously provided by Dennis Francoeur, Jr. of RPF Associates, Inc.
Numerous residents spoke against approval including the following. Abutter Michele Reidy, 242 Amesbury Road, expressed safety concerns with traffic at the intersection of Routes 150 and 107 and the driveway, which is across from her home. Kathy Olson questioned the gases and tanks outside the building. Mr. Nichols replied that argon, oxygen, nitrogen, carbon dioxide and helium would be stored outside. The tank heights go up to thirty feet tall, however, if stored horizontally they would be eight feet tall. He stressed that this would not be their first choice. John O’Connor, 128 South Road, commented that because the gases may be properly stored, it is not what the ordinance states.
Russ Mazella, 19 Trundle Bed Lane, read a letter by Joan Hudson, with regard to property values and safety and a letter by Jackson Simpson, broker of Jackson Simpson Real Estate, Inc. Mr. Simpson had responded to Mrs. Hudson’s inquiry that it was his …“profession opinion that if the land adjacent to yours is developed as per the proposal of Arcsource, Inc., it will lower the value of your residential property…”
Diane Chigas, 59 Stumpfield Road, addressed the five standards for facts in granting a variance: property values would diminish with hazardous gases being stored; it would not be in the public interest, and referenced the petition of 218 signatures as well as photographs showing a gas grill and a pickup truck next to a liquid oxygen tank; hardship should not be a factor since he did not fully disclose his plans when he met with the Planning Board September 5, 2001; justice would not be served to the residents of Kensington since they have already voted in the ordinance; and the materials are not in keeping with the spirit of the ordinance. Steve Nichols responded adamantly that he did not mislead or withhold information at the Planning Board meeting, but answered all questions honestly and completely and added that there is no known hazard to humans according to federal regulations. The Planning Board had indicated that his proposal was an appropriate use of the land.
Following Board discussion and review of the variance worksheet, John Andreasse moved to deny the application of ArcSource, Inc. for relief from Article 9, Sections II.6, III.4, and III.5 due to not meeting the criteria to support the variance, seconded by John Ronan with all in favor.
Katim, Inc. (ARC Source, Inc.), Map 3, Lot 30, - application
for a Variance from residential restrictions in Article 8.3, Section I.A &
B. Joan Skewes explained that the Board can not
grant a variance in order to grant a special exception and that in accordance
with the zoning regulations a special exception is required for commercial use
in a residential zone. She added that
they do not meet the use requirements as the use is not allowed and the
previous variance was denied. Eric
Peterson questioned if the Board should look at this independent of the use,
however, Joan Skewes clarified that the variance runs with the land and is
specific to the use. Attorney Salomon
stated that ArcSource had made a conscious decision to ask for a variance and
it is in conjunction with or limited to the use the Board just voted down.
Attorney Salomon reviewed the facts supporting the request: 1) the proposed use would not diminish surrounding property values since most are currently zoned and used for commercial purposes; 2) the use is not contrary to the public interest because the current zone line makes residential development impractical and the tax base will be increased; 3) the zone line intersects the lot at a location which, coupled with the 100 foot setback in the commercial zone, makes commercial development on the commercial portion of the lot unreasonable; 4) the benefit to the applicant outweighs any harm to the abutters or the public; and 5) the lot is zoned for both uses; the public health and safety are protected by the site plan.
Bill Molet commented that they are asking for a variance to rezone residential property for their specific commercial use and Diane Chigas said she felt that if the property doesn’t meet the criteria for commercial property, then they can’t meet the criteria for residential.
Following Board discussion and review of the variance worksheet, John Ronan moved to deny the application of ArcSource, Inc. for application for a Variance from residential restrictions in Article 8.3, Section I.A & B based on not meeting the criteria to support the variance, seconded by Michael Motherway with all in favor.
Dawn Perry, 73 Amesbury Road,
Kensington, NH, Map 11, Lot 21 – application for a Special Exception in
accordance with Article 8.4I.B for Home Occupation. Dawn Perry explained that she would like to
start a small home based business called, “The Occasion Basket”, essentially
making baskets for weddings, parties, birthdays, etc. All baskets will be delivered; therefore there will be no
additional traffic or visitors to the home.
There were no abutters opposed.
Conditions agreed to are: 1) no more
than one delivery of supplies per day; 2) no sign allowed; 3) No more than
three on-site pick ups per week; and 4) Site Plan Review by the Planning Board.
Michael Motherway moved to approve the
Special Exception for Home Occupation for Dawn Perry, 73 Amesbury Road, with
conditions as agreed upon, seconded by Eric Peterson with all in favor.
Approval of June 3, 2003 minutes – John Ronan moved to accept
the minutes as written, seconded by Michael Motherway with all in favor.
Modification to Notice of Approval for final appeals was approved by the Board.
John
Ronan moved to adjourn the meeting at 10:10 pm, seconded by John Andreasse with
all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant