Zoning Board of Adjustment
Meeting Minutes
March 22, 2005
Business meeting opens at 7:00 pm in selectmen’s office.
In attendance were John Gryval, Dale Sanford, Kevin O’Connell, and Daniel Dineen. Planning board members Marshall, Carrara, Halper, and Rainier, also present.
At 7:30 Bob Marshall explains to the forum that he’ll give Christine Johnson a few minutes as she’s running a little late.
Bob opens the joint meeting at 7:47 and explains to the forum how the case first came to the planning board for a site plan review to operate a dog training business, and that since it needed a special exception and variance first, that the planning and ZBA boards would hold a joint meeting.
Bob then suspends the planning board meeting, and turns the meeting over to John to hear ZBA case 05-3, Christine Johnson of 348B Union Street, Peterborough, NH.
John explains the procedures for the meeting, and states that due to illness the board has only four members seated, and give Ms. Johnson the option to postpone. Ms. Johnson declines.
John asks of meeting notification. Kevin replies all noticing complete.
John asks for hearing invoice, presents it to Ms. Johnson, and receives a check for $140.67
John asks Ms. Johnson to explain her case.
Ms. Johnson explains that she wants to put in place dog daycare, training, and grooming facility at the above address, that the business will be located inside the barn, insulated for heat and noise, and with a fenced in yard. Ms. Johnson stresses that there will be no boarding of dogs. Ms. Johnson states training will be evenings and Saturdays, Maybe more if need be. Staff will be herself, a groomer, and trainer.
Ms. Johnson states barking will not be a problem, as no dog will be left barking outside. Waste will be cleaned up three times a day and disposed as trash.
Ms. Johnson says she hopes that this business would be a benefit to the community.
Ms. Johnson states that the DOT may require that a portion of the driveway be filled for parking lot access, and that there is ample space for more parking out back.
Ms. Johnson states that classes and the facility will close by 9:00 pm, with no Sunday hours. Saturday will be 10:30 to mid-afternoon, in no case after 5:00 pm.
John asks if anyone has supporting comment.
Jarvis Adams, an abutter, states he received information from Ms. Johnson, feels it works well with the downtown project, and is in favor of it.
Abutter Ray Coy states he’s in favor, but concerned with the wells, “they’re close down there.”
John asks how much water is used in dog grooming.
Ms. Johnson:” less than a person showering”
Abutter Susan Morash states she’s very concern with the effect on the area wells, that there have been problems with salt infiltration. They’ve just spent a lot of money on a well and they’re worried about chemicals, and dog urine.
Ms. Johnson states they’ll only use organic pet products.
John asks if the area wells are artesian.
Susan Morash states both artesian and dug wells.
John asks if anymore in favor?
Peter Hopkins asks if the wash water will be run through the leach field.
Ms. Johnson states it will.
John asks if there are any opposing opinions.
Susan Morash states that the letter seems to say Ms. Johnson is going to oversee, not participate.
Ms. Johnson states she will be participating, and eventually will be also have her booking business there.
Susan Morash concerned about lack of state requiring certification, and states they’ve had times when the water table drops and she’s concerned about animal waste bringing up the e-coli count.
Ms. Johnson states they’ll have 8-12 dogs during the week; urine from 8-12 dogs is less than form two homes.
Abutter Ms. Thompson states “ I haven’t had any water issues, but my lawn is dead from only two dogs.
Susan Morash asks if groundwater testing will be done, and will monitoring continue. She teaches biology and possibly knows too much.
John states if the board approves the appeal they can make it conditional on groundwater testing.
George Rainier asks if the septic was looked at as a dog business as well as two bedrooms.
Ms. Johnson states it was.
John asks Ms. Johnson is she has a report.
Kevin read the report.
Susan Morash asks how many bedrooms.
Ms. Johnson states three.
Peter says that the system will have to be redesigned.
Susan Morash reads RSA-45a
John reads a letter from abutter David Pierce.
Morash sates that some wells were salt contaminated by the state, and that shows how permeable the soil is.
John asks if the wells replaced were dug,
Morash: “two dug, two artesian.”
Peter: “we should consider the soil type”
George Rainier states that the Conservation Commission has stated concern that the center of town contains a large aquifer. “ I don’t oppose, I wanted to hear the facts. I feel the board will take necessary measures to control the water situation, but I’m concerned about hours and noise.”
Sue Morash asks what repercussions if barking becomes a problem. It’s hard to get the genie back into the bottle.
John reads the DOT letter.
George shows the board the soils map, soils are Monadnock, John reads the soil definition.
Peter: “The concern seems to be water, and that the septic is done right.”
Kathy Bynam questions; “Doesn’t a family use more water that dogs? I’d like to see the property used as it is, not developed as housing.”
Peter states we have an opportunity to control effluent here, if someone moved in with horses, we wouldn’t.
Kathy Bynam say’s she can’t see why they’d need a new septic.
George asks Peter if they’re any data on kennel water usage from the state.
Peter replies, No, the board would have to set up protection to allow and protect.
Dan states it says 11-5 for training hours in proposal.
Ms. Johnson states training has to be when people need it, evenings and weekends.
John asks of employees.
Ms. Johnson “ Three employees and myself. Maybe one part-time later. Not really full-time, three to four days a week, plus Saturday.”
John does a rough estimate of traffic. Susan Morash replies that that’s too much traffic.
John Halper asks what would bind the business from expanding?
Susan Morash asks “Who’d be running the business, your business is in Peterborough.”
Kevin asks Susan Morash if the state issued a report on the well failures.
No.
John asks if there’s anymore input.
John states he’s going to close the public portion of the hearing, and read the special exception ordinance.
Motion to close public portion made, seconded, and passed @ 9:12.
John discusses ordinance and traffic issue. Board agrees that if special exception fails, the variance request drops. The board first discusses the special exception request. Size of business, number of employees, parking, and need for variance discussed. The board members feel this isn’t a home-based business application that’s been presented. Motion to vote made and seconded. Motion made to deny, seconded, and passed unanimously.
The board read the decision to the forum:
“The Board found that as presented, the application, in its scope, exceeds the spirit of the ordinance, and falls outside the boundaries of use associated with customary home occupation use.”
John explains the deliberation to Ms. Johnson.
Bob Marshall reconvenes the planning Board meeting @ 9:30 and upon the decision of the ZBA to deny accepts motion to adjourn, motion seconded and carried.
ZBA continues business portion of meeting.
Minutes from the March 15 meeting were read and accepted.
Motion to adjourn at 10:10 pm, seconded and passes.
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