TOWN OF SUTTON
ZONING BOARD OF ADJUSTMENT
Meeting Minutes
December 19, 2007
The meeting was called to order at by Bill Hallahan, Chair. Members present were Derek Lick, Ed Canane, and Bill Turner.
Members not in were attendance Doug Sweet, Dane Headley, Kevin Carr and Linda Ford, Landuse Coordinator.
Also present: Annette Vogel, Owner, Intertown Record.
Seeing four board members present Chair Hallahan offered the applicant the option of being heard with four members knowing 3 votes would be required to grant a use variance, or postpone to the next meeting. Ms. Vogel opted to be heard this evening.
Public Hearing: Vogel, Annette, usage variance to Article IV, Section A Case#: 07-11
Chair Bill Hallahan read the public hearing of the meeting. “Notice is hereby given that the Zoning Board of Adjustment will conduct the following hearing at the Pillsbury Memorial Hall, 93 Main Street in Sutton, NH on Wednesday, December 19, 2007 at 7:30 p.m. Request made by Annette Vogel, Owner of the Intertown Record for a Usage Variance to the terms of Article IV, Section A of the Sutton Zoning Ordinance in order to operate a business in a Residential District. This is case number 2007-11, Tax Map #7, Lot 922,384, Book #2825 and Page #1611.
Chair Bill Hallahan read the Zoning Ordinance’s Article 4, Section A. Discussion tonight is in regards to no commercial zoning in town. The Zoning Board of Adjustment reviews applications based on how the property is going to be used then what the Board feels is acceptable in a zoned area be it agricultural or residential.
Ms. Vogel is here because there was an existing Boutique business in the location she is now occupying as a Newspaper Office that this board reviewed and approved some years back. That was an operating business for a short period of time and then Ms. Vogel rented the space from the owner of the Boutique. This space was formerly the North Sutton Post Office. This space has been used in a commercial way in two prior cases.
Communication between Ms. Vogel and the Town Administrator confused Ms. Vogel. She did not realize she needed a variance as it was misunderstood that the Intertown Record was still operating in the Edmunds family home. Feedback was received by the Town Administrator in regards to the operating of the Intertown Record at its new premises and therefore, Ms. Vogel was contacted and told she needed a usage variance in a residential zone.
Ms. Vogel explained what the business entails, that she is the only employee on the premises, 1 person does come in on Monday for prepping and a proofreader comes in as well. Delivery of papers are done before noon time and. She explained here hours are from 10:00 a.m. to 2:00 p.m. There is no exterior lighting. Per Chair Bill Hallahan Ms. Vogel did an excellent job of providing the Board will all the pertinent information. All answers were correctly answered. Chair Bill Hallahan as done a few drive bys and has found that very little activity. Signage is appropriate. If in the future, plans for expansion arise, another zoning meeting will be held.
Derek Lick questioned the shared driveway condition that was issued to the prior owner of the Boutique. The only change is that Ms. Vogel arrives earlier. There were no replies from any abutters in regards to this meeting and no abutters appeared at the meeting.
The purposed of the Zoning Board of Adjustment is not to hinder but to control as best they can based on the ordinance what is happening on this premises.
Chair Bill Hallahan read Ms. Vogel’s usage variance worksheet information. Chair Bill Hallahan said that as no one has come forward to object to the change of this facility and that the Intertown Record is a benefit to Sutton and the area and finds it a very worthwhile publication and a worthwhile business in this particular location is exactly as it should be.
Chair Bill Hallahan asked if there where any other comments or conditions that might be considered if the variance were to be approved. The conditions of operation are approved as provided by the applicant. Erica Walker approached Ms. Vogel in regards to tonight’s meeting and the right-of-way. Prior owner of the Boutique and the abutter on the hill did not have a “warm and fuzzy” relationship in the past. One of the conditions put on the boutique was an insurance rider.
Per Ed Canane the Board needs to find the information regarding the insurance.
Resume meeting and consider the application for approval. All money was collected prior to meeting. Secretary did not mark on copies to members.
Chair Bill Hallahan made a motion based on the review of the worksheet that this is a worthy application and should be approved with the two considerations.
1. That we attach the information provided on 11/13/07 by Annette Vogel, Publisher and Owner of the conditions of the business and type of business that will be operated.
2. Review the prior approval of any insurance liability as indicated as follows:
That the applicant Annette Vogel agrees to assume the obligations of the prior variance applicant under a full hold harmless agreement entered into by that applicant and the abutting property owner. The applicant has 60 days to provide this information to the Landuse Administrator.
Seconded by Ed Canane. Roll call 4/0. GRANTED UNANIMOUSLY
Motion made by Chair Bill Hallahan to adjourn the December Zoning Board of Adjustment meeting for the Town of Sutton. Seconded by Ed Canane. UNANIMOUS
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