Deering Zoning Board Of Adjustment 762 Deering Center Road Deering, New Hampshire Minutes of the Meeting of August 29, 2013 Deering Town Hall

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1 Approved December 19, 2013 /s/ John A. Lassey, Chair Deering Zoning Board Of Adjustment 762 Deering Center Road Deering, New Hampshire Minutes of the Meeting of August 29, 2013 Deering Town Hall Call to Order: By the chairman, John Lassey, at 7:00 p.m. Members Present: John Lassey, Chairman; Larry Sunderland, Vice Chair; Phil Bryce, Bob Fuller and David LeFevre. Members of the Public: Raymond Daniels, Rich & Lisa Matthews, Beverly & Tim Skillings, Corey Porter, Pauline & Brian LeFrancois, Sharon & Raymond Halsey, Elizabeth Kelly Public Hearing: Case No , regarding a request by Brian & Pauline LeFrancois for a special exception pursuant to paragraph of the Deering Zoning Ordinance to permit operation of a taxidermy business on property located 475 Wolf Hill Road, Deering, New Hampshire (Lot No. 217/3), in the Residential/Agricultural District. The requirements of the Ordinance impose on the landowner regulations and restrictions in relation to non-agricultural business, commercial or industrial ventures, which require a special exception from the Deering Zoning Board of Adjustment (ZBA). The LeFrancois applied for a special exception in response to an undated letter they received from Michael Borden, Deering s Code Enforcement Officer. Mr. LeFrancois was advised, among other things, that by operating a taxidermy business he is using [his] property potentially in violation of the Town of Deering zoning Ordinance and Site Plan Review Regulations and that [u]nless the taxidermy business satisfies the criteria for a home business under Articles 2 and of the Deering Zoning Ordinance, it requires a special exception form the Deering Zoning Board of Adjustment. A copy of the letter was included with the application for special exception. The Board asked Mr. LeFrancois when he received the letter. Mr. LeFrancois stated that he received the letter at the end of August and Mr. Borden met with Mr. LeFrancois before the letter had arrived. The Board questioned the letter, since it did not clearly state that the taxidermy business was in non-compliance of operating as a home business. Operating a home business is permitted as stated in section of the Deering Zoning Ordinance. The Board noted that the taxidermy business is currently operating in a 22 by 18 building constructed, pursuant to a permit issued by the Town of Deering, during the summer of The business does not meet the setback

2 provision of the Ordinance in 3.3.2, which would require a request for variance, not a special exception. After discussion, the Board agreed to accept the letter as an implication that Michael Borden acted on this situation believing Mr. LeFrancois was in violation of Town code, requiring a request for special exception to continue his business. To decipher whether or not Mr. LeFrancois business met the criteria set forth in section of the Deering Zoning Ordinance, the Board asked Mr. LeFrancois to review the criteria items, one at a time, and state whether or not he meets the criteria. Mr. LeFrancois responded as outlined below: a) No goods, stock in trade, or other commodities may be visible from outside the building with the exception of agricultural products or produce permitted by the provisions of Section 3.2; Mr. LeFrancois explained that client s animals might be outside the business at times, however only for short periods of time. Otherwise, no goods, stock in trade, or other commodities will be visible from outside the building. b) There are no on-premise retail sales of goods or merchandise, with the exception of sales made via mail order or via telecommunication, or sales of agricultural products or produce permitted by the provisions of Section 3.2; Mr. LeFrancois explained that the only funds he will receive are in direct relation to the service he provides to each client. On a rare occasion, Mr. LeFrancois may sell a completed project that a client ordered, but did not pay for. There will be no sales of goods or merchandise. c) The home business shall not employ more than two (2) persons who are not residents on the premises; The only employee is the owner, Mr. Brian LeFrancois. Mr. LeFrancois is licensed as a taxidermist by the State of New Hampshire. d) External advertising is limited to one small sign not exceeding one square foot in area attached to a mailbox for the facilitation of mail; Mr. LeFrancois agreed to this criteria item. e) The use shall not create excessive traffic, noise, fumes, odor, dust, vibration, heat, glare, electrical interference or a health or safety hazard; Mr. LeFrancois stated that his business meets this criteria item. In relation to excessive traffic, Mr. LeFrancois stated he rarely has more than two clients visiting at one time and there is ample parking space for the occupants and the clients. Addressing concern expressed in relation to fumes and odor, Mr. LeFrancois explained minimal

3 odors are associated with the operation of the business. When outdoor temperatures are warm, he will keep animal remnants in chest freezers and place the waste in a residential-style dumpster located on the property the day before the waste management company arrives. Mr. and Mrs. Matthews expressed concern of the potential health or safety hazard that taxidermy chemicals may have. Mr. LeFrancois explained that he only uses salt and he only processes the hides of deer and wild boar with non-toxic tanning cream. Any hide requiring a process other than salt and tanning cream is sent to a commercial tannery for processing. Mr. LeFrancois invited any neighbors with questions or concerns to meet with him. f) Off-street parking sufficient to accommodate the occupants, employees and visitors shall be provided; and Mr. LeFrancois confirmed there is ample off-street parking to accommodate the occupants, employee and visitors. g) There is no exterior evidence of business use which differentiates the appearance of the property from that of other dwellings used exclusively as residences. Mr. LeFrancois shared that the only exterior evidence of business use will be a residential-style dumpster on the property for disposal of waste material. No one spoke in favor of the business, and no one spoke in opposition. John Lassey, Chair, summarized the special exception request for case #13-02, Brian and Pauline LeFrancois. In the interest of time, the Board tabled deliberation until completion of the second public hearing. The public hearing for case #13-02 was closed at 8:23pm. Public Hearing: Case No , request by Beverly Skillings, d/b/a Unique Mechanical, for a special exception pursuant to paragraphs and of the Deering Zoning Ordinance to permit operation of a light industrial business on property located at 134 Deering Center road, Deering, new Hampshire (Lot No. 209/10), in the Residential/Agricultural District. Beverly Skillings introduced herself to the Board, sharing that she has been in her business trade for thirty years, running her current business for fifteen years. Unique Mechanical currently operates in Bow, New Hampshire, servicing the food and beverage industry with tubing and other equipment related to the manufacturing process. At the proposed site in Deering, Unique Mechanical will produce light volume of manufactured items, as most of their work is completed at their client s site. Unique Mechanical employs six full-time workers and two part-time workers. The workers keep the company vehicles at their residence, traveling to the proposed site in the morning to collect supplies, and arriving in the afternoon/evening to off-load supplies. Normal operating business hours for Unique Mechanical are Monday through Friday, 7:00am-3:30pm.

4 The Board asked Mrs. Skillings if there are plans for new construction at the site. Beverly explained that the size of the building provides ample room and will allow future expansion, if necessary. She further explained that they plan to cleanup outside the building and complete some renovations inside the building, otherwise no other construction will be performed. Mr. Raymond Daniels stated that the prior business at this property had caused pollution to his land and questioned what chemicals will be used for this proposed business. Beverly replied that she was not aware of any unresolved pollution issues and stated the only chemicals at the location will be in the form of household cleaning solutions and a small amount of paint. All other chemicals are used on-site at the client s location. Elizabeth Kelly offered response to Mr. Daniels statement. Mrs. Kelly informed the Board that when she owned the property (Lot No. 209/10), she met with an environmentalist hired by their bank. The environmentalist reported there was no contamination caused by, then Tom s Auto, to Mr. Daniels property. Mrs. Kelly offered to provide Mrs. Skillings with report information she may have pertaining to the alleged pollution. The Board confirmed with Mr. and Mrs. Skilling that there will be no new construction and there is ample off-street parking. No one spoke in favor of the business, and no one spoke in opposition. John Lassey, Chair, summarized the special exception request of case #13-03, Beverly Skillings, d/b/a Unique Mechanical. Deliberation for the request was tabled until completion of the deliberation session for case #13-02, LeFrancois. The public hearing for case #13-03 was closed at 8:46pm. Deliberation was held for case #13-02, Appeal of Brian and Pauline LeFrancois. The Board found Mr. LeFrancois request for special exception inappropriate based on the evidence presented. Evidence supports that Mr. LeFrancois taxidermy business meets all criteria of a home business set forth in the Deering Zoning Ordinance In a unanimous vote of five (5) members, the Board denied Brian and Pauline LeFrancois request for special exception pursuant to paragraph of the Deering Zoning Ordinance. Deliberation was held for case #13-03, Appeal of Beverly Skillings, d/b/a Unique Mechanical. The Board concluded the following: 1. All representations made to the Board on behalf of the applicant met conditions of approval; 2. All development shall conform to the dimensions, construction sequence, equipment and material specifications shown on the most recent plan or plans submitted on behalf of the applicants; 3. The applicant shall obtain all permits and approvals that may be required pursuant to statues or regulations of the United States, the State of New Hampshire or the Town of Deering.

5 4. The applicant shall, pursuant to paragraph 5.1 b. of the Deering ZBA Bylaws/Rules of Procedure, obtain the consent of the owner of the subject property to this application and file the same with the Town of Deering. In a unanimous vote of five (5) members, the Deering Zoning Board of Adjustment granted special exception pursuant to paragraph of the Deering Zoning Ordinance. Board member, Phil Bryce departed at 9:08pm. Minutes of the Previous Meeting (August 29, 2013) Correction to the minutes to add Bob Fuller s name to the attendance record. Bob Fuller moved to accept the minutes submitted as written, with noted correction. David LeFevre seconded. All in favor, Motion carried. Unfinished Business No unfinished business was presented. New Business Chairman Lassey presented the FY2014 budget to the members for review. After discussion, the Board decided to submit the FY2014 budget as-is, remaining un-changed from the FY2013 budget. Chairman Lassey brought forth consideration of raising the filing fee for ZBA applications, to include the increased cost of US Mail postage. The Board discussed the current verbiage on the application and decided to change the verbiage to state [fees] plus the cost of certified mail and return receipt postage. David LeFevre motioned to accept the new verbiage on the application. Bob Fuller seconded. All in favor, motion carried. Communiciations & Miscellaneous: Chairman Lassey passed out copies of an article in the September/October 2013 issue of NH Town & City magazine entitled Conditions Imposed by Local Land Use Boards Now Subject to Heightened Scrutiny. Chairman Lassey passed out new Town policies: Facebook, Website and Keys. Chairman Lassey updated the Board regarding the court case he s been asked to attend in reference to property near Shepherd s Crossing. The hearing has been moved to November 18, Meeting adjourned: David LeFevre motioned to adjourn the meeting at 9:21pm. Bob Fuller seconded. All in favor, motion passed. The Next Meeting: will be held on October 24, 2013 at 7 p.m.

6 Respectfully submitted, Carrie McDowell