January 2, 2003
FINAL MINUTES
OF PUBLIC MEETING
VOTING
BOARD: Don Kraemer, Nate Chamberlin, Honey
Hastings and Silas Little
CALL TO ORDER: By Don Kraemer at 7:30 p.m.
Case # 1/2/2003-1 RICHARD MESSINA
Richard Messina (Temple Cabins) has applied for a special exception under the terms of Article VII,
Sections 2 and 3 of the Temple Zoning Ordinance, to permit, pursuant to the Superior Court Consent Decree,
the expansion and relocation of six cabins on Lot 8-8, NH Route 101 in the Rural Residential and
Agricultural District.
Mr. Kraemer stated that abutters Joseph and Cynthia Dagan were not notified of the hearing because the
address supplied by Mr. Messina was out-of-date and the Dagan’s forwarding order had expired. It was left
to Mr. Messina to decide whether or not to proceed with the hearing and he chose to go ahead.
Mr. Little read the public notice and Mr. Chamberlin read Mr. Messina’s application. Attorney William
Drescher, for the Town of Temple, gave a summary and overview of all the different requests and decisions
that have been made over the last three years involving Mr. Messina and the Town of Temple. He explained that in November, 2002, the Temple Selectmen and Mr. Messina agreed on a settlement that would resolve all
outstanding court cases. On December 2, 2002, Judge Houran approved the Consent Decree (see file) and granted a Motion to Stay all litigation between Mr. Messina and the Town of Temple in Hillsborough County Superior Court – Southern District and the United States District Court for the District of New Hampshire
pending approval of Mr. Messina’s special exception requests by the Temple ZBA.
Mr. Drescher explained that Mr. Messina’s property consists of a duplex, a garage and 8 cabins. According to the Consent Decree, the duplex will be used only as a two-family dwelling. The garage will be used for two cars, storage and a private office which shall not be converted into an apartment or otherwise used for overnight accommodations. Cabins 7 and 8 will be removed; cabins 1 – 6 will be allowed to be expanded to the numbers previously agreed to by the ZBA and will also be allowed to add up to 372 square feet (the total square footage of cabins 7 & 8) spread out over the 6 cabins. In addition, cabins 1 – 5 will be allowed year-round rather than seasonal use. Mr. Drescher said that Mr. Messina also wants to relocate the cabins slightly
but said that the agreement requires all six cabins to remain in the commercial setback envelope. Attorney
Biron Bedard, also representing the Town of Temple, was present to answer any questions.
Attorney Hantz, representing Mr. Messina, stated that the septic system on the property was installed by a Mr. Tyler in 1974 and has the capacity to handle year-round use of all eight cabins and the two duplex units.
She stated that it is working and
that Temple Health Officer Peter Caswell has looked at the system.
The board asked Mr. Messina what kind of remodeling and relocation he was going to do. He responded that
he has decided to do new construction, most likely modular units. Attorney Drescher stated that replacement of the cabins with entirely new structures was something he had not heard before now. Mr. Chamberlin felt
that if the cabins were going to be replaced that a site plan review by the Planning Board should be a
requirement. Mr. Little felt that the Planning Board should make the decision as to site plan review.
Abutter Debbie Stark asked what the property will look like with manufactured houses. Mr. Little suggested
that Mr. Messina erect a fence or plant a row of Fir or Spruce trees on his side of the property line with the
Stark’s. Mr. Messina agreed to this. Ms. Stark also wanted to know where the backup septic system is
located. The DES plan was found and the system is located as far from the Stark’s well as possible.
In relation to the issue of new construction, Selectman Sherry Fiske said that at the mediation the idea of tearing down the cabins and putting up a motel was raised but the Selectmen didn’t like that idea. She
didn’t comment about this proposed new construction.
Attorney Drescher provided language for a motion and the board discussed additional language and came up
with a motion.
Page 2
Temple ZBA
1/2/03
MESSINA
MOTION: Mr. Little made the following motion in relation to the Messina request:
Cabins 7 & 8 will be demolished within the time period specified in the Consent Decree so that the only
cabins that will be used will be Cabins 1 – 6.
The special exception to convert from seasonal use to year round is granted as to Cabins 1 – 5 and they shall
no longer be subject to that limitation.
The applicant will be granted a special exception to expand Cabins 1 – 6 to a maximum of 424 square feet each as identified on the sketch plan and table attached hereto, and that the structures are to have one bedroom
and the minimal sink and kitchen facilities as delineated
in the 7/18/02 ZBA decision.
The applicant shall erect a fence on his side of the property line, or plant a single row of Balsam or Concolor
Fir or White Spruce that shall be a minimum of 4’ tall and planted 10’ – 15’ on center, to establish a visual
barrier between his property and the Stark’s property.
In addition:
The applicant may reorient or relocate Cabins 1 – 6 as expanded, but this permission is on the express
condition that all of the cabins shall be located within the building envelope setback identified in earlier plans
and on the attached sketch plan.
The condition that the applicant proceed to the planning board for site plan review is vacated on the condition
that the applicant provide a certified plot plan prepared by a surveyor to the Town upon completion of such
expansion, reorientation or relocation demonstrating compliance with the foregoing. The removal of the condition for site plan review is not intended to interfere in any way with any jurisdiction that the planning board may have with regard to this or any other activity on the subject property, but merely to remove site
plan approval as a ZBA imposed condition of this approval.
This approval is on the condition that the Cabin Units, when expanded, reoriented or relocated, shall be connected to a sewage disposal system that complies with the requirements of the NHDES, and that the appropriate health officials of the Town shall be permitted to inspect the premises to the extent allowed by law to insure compliance with this condition. It is understood that the present system has been identified to the officials of the NHDES, and the applicant currently has a plan on file and approved with the NHDES to replace the present system in the event of failure, and the appropriate health officials of the Town may, to the extent permitted by law, inspect the premises to insure compliance with this condition. The Town understands that the applicant may file modified plans with the NHDES in an effort to rearrange existing sewage disposal facilities and it is understood that any such filing shall comply with NHDES requirements
and any requirements to notify the appropriate health officials of the Town.
The motion was seconded by Ms. Hastings and all were in favor.
Case # 2002 – 9 BEAUDOIN (continued)
Lisa
D. Beaudoin (Herban Living Bed & Breakfast) applicant, and Lisa Boudoin and
John W. Friede owners, have applied for a special exception under the terms of
Article IV, Section 20 of the Temple
Zoning
Ordinance, to permit the operation of a bed & breakfast on Lot 6-060, 242
General Miller Highway
in the Rural Residential and Agricultural District.
Mr. Little left the meeting at this point leaving three voting members.
Ms. Beaudoin presented sketches of her property and layout of her house. The state permits her to have as
guests up to four adults in her bed & breakfast suite. The board felt that she has adequate off street parking
and that she meets all other requirements for the special exception.
MOTION: Mr. Chamberlin moved to grant the special exception as presented. The motion was seconded by
Ms. Hastings and all were in favor.
Page 3
Temple ZBA
1/2/03
OTHER BUSINESS
OTHER BUSINESS
Minutes – December 5, 2002
MOTION: Ms. Hastings moved to approve the 12/5/02 minutes as written. The motion was seconded
by Mr. Chamberlin and all were in favor.
MOTION: Ms. Hastings moved to adjourn the meeting. The motion was seconded by Mr. Chamberlin
and all were in favor.
Respectfully submitted,
Diane Nilsson, Clerk
Posted
1/8/03