PRESENT – Greg Tillman, Tom Dwyer, Jr., Mike Morasco, Steve Colby; Selectmen’s Representative Karen Sott; Mike Behrmann; Secretary Phyllis McDonough.
CALL TO ORDER – Chairman Tillman called the meeting to order at 6:00 p.m.
Mr. Murray from Saving Green came before the Board to
present the product that his company sells.
Tillman asked the price for a home unit and the pay
back.
Selectman Sott asked if this unit is something that brings
up power slower.
As there were no further questions the Board thanked
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SP REGULATIONS
Morasco moved, Dwyer seconded the motion to continue the public hearing to October 9, 2008. The motion carried unanimously.
AMENDMENT TO THE SITE PLAN REVIEW REGULATIONS -- Regulating tattoo parlors, piercing facilities and similar uses (attached).
Tattoo Facilities:
We do not
currently permit tattoo facilities in the Town of
Sample definitions:
a) Tattoo Facility - "Tattoo facility"
means any room, space, location, area, structure, or business, or any part of
any of these places, where tattooing is practiced or where the business of
tattooing is conducted.
b) Tattoo Artist - "Tattoo artist" means a person
who practices body tattooing and who meets the requirements of this chapter.
c) Tattoo or tattooing - "Tattoo or tattooing"
means to indelibly mark or color the skin by subcutaneous introduction of
nontoxic dyes or pigments.
Behrmann explained he spoke with Attorney Ratigan who informed him that he is currently unable to find any special statute for this use.
Chairman Tillman asked the board if they have any preference on whether or not to allow tattoo parlors as the Town does not have to allow them. The Board was noncommittal. Chairman Tillman explained when the fire works place came into town residents informed him they did not want to see tattoo parlors.
Dwyer suggested that the Board look at where to allow these adult uses and asked if this would have to go before the Town. Since it would be a zoning change, allowing it would have to go before the Town.
Regarding fireworks, Chairman Tillman stated he believed the Selectmen could put an additional restriction on the warrant and directed Behrmann and Mitchell to write something up for Selectman Sott to bring back to the Selectmen.
Tillman suggest adding a “variety clause” to the zoning ordinance. Regarding tattoo parlors, Chairman Tillman stated unless it is required to allow this type of business, the town should continue to disallow it.
Automotive
Zoning:
Given the recent
litigation over this issue and the facts of the underlying dispute, I believe
that a targeted amendment to the zoning ordinance will deal with these
concerns. As you know, we originally
adopted this amendment to protect from a conglomeration of automotive sales
facilities that generally use significant areas of land and small areas of
building. These uses have little tax
benefit to the community and do not diversify our tax base with a variety of
commercial uses. Recent events indicate
that a change to the ordinance is required in order to move forward in this
matter and prevent further costs to the Town of
This latest
dispute involves an automotive facility (
The definition for
these uses already contains this distinction wherein the following indicates
that the activity takes place within a structure:
RECREATIONAL VEHICLE SALES
ESTABLISHMENT: a retail vehicle (including but and limited
to boats, snow mobiles, motorcycles, campers, and camper trailers) dealership
that is primarily housed in a structure and characterized by a mixture of
secondary supporting uses; however, the principal use of the site shall be the
marketing and display of new vehicles, whether by sale, rental, lease or other
commercial or financial means. Secondary supporting uses may include an
inventory of used vehicles for sale or lease on-site and on-site facilities for
the repair and service of vehicles previously sold, rented, or leased by the
dealership as defined under "Service Station". No abandoned vehicles
shall be stored on the premises.
The changes
proposed below would allow the Board to treat recreational vehicle sales in
accordance with the above definition and as a permitted use in the Highway
Commercial District. In order to
effectuate the change, the following (deletions in strikethrough text) would be
required:
6.14 Gasoline Stations and
Service Stations / Auto Dealerships.
(Adopted Epping Town Meeting 2007).
In
addition to the following zoning provisions, the Planning Board may adopt
additional regulations applicable to these uses.
2.
Auto Dealerships and
Recreational Vehicle Sales Establishments.
a. Location
restriction. This restriction is
intended to protect the aesthetic development of the commercial districts by
limiting a proliferation of dealerships, provide for a diverse range of
commercial uses, and minimize traffic impacts in the commercial areas of town.
(1) No new facility of either type shall be located within
2,000 feet of an existing facility of either type.
(2) Expansion
within the 2,000 foot radius is permitted upon satisfaction of the following:
(i) Compliance of existing site with all codes, regulations and
approvals.
(ii) Quantification and clear delineation of limits to the area
devoted to sales and outdoor storage.
(iii) The expansion is onto land directly abutting and under common
ownership and facilities of the existing use.
(iv) A one-time expansion is permitted and limited to 25% of
existing area devoted to the use in place at the time of adoption of this
section.
b. Outdoor
storage other than as delineated on the plan shall be prohibited.
c. Auto
repairs shall be permitted as an accessory use to sales provided the repairs
take place in an enclosed area and are subordinate and incidental to the sales
use.
d. Lighting
shall be minimized and shall be from full cut-off fixtures and on a timer to
reduce lighting during off-hours.
e. Expansion
of non-conforming uses shall be prohibited.
f.
All loading,
unloading, and trailer parking shall occur on site during normal business
hours.
The Board agreed that the language in Automotive Zoning need significant changes, but would like the wording tweak. The Board agreed the key distinction was that anything with permanent or semi-permanent outdoor storage, like car dealers or boat dealers, should be classified separately from businesses that keep stock in an indoor retail facility.
Garages in Open Space:
This is the change
related to the matter we found wherein we apparently require garages in open
space developments while not elsewhere.
One interpretation was that the Board intended this provision to apply
to multi-family and not single-family dwellings. This makes sense since the multi-family units
are compact and would have problems with significant outdoor parking, whereas
single-family on reasonable lots could and should have more flexibility,
especially since we do not require such accommodations for dwellings in any other
zone.
The change would look
like this in the ordinance (italics for the relocation and the strikethrough
for the deletion):
15.14 General
Requirements
15.14.1
Uses – Only residential uses shall be permitted in Open Space
Developments.
a) Single-family detached homes are permitted.
b) Townhouse units shall be permitted up to a unit count of 4
per building or structure. These are units must structurally joined and share
walls with no yard between units. The
walls shall meet all code requirements for firewalls. (Amended Town Meeting 2008).
i) Parking
– Off-street parking shall be provided for two (2) cars per unit plus a minimum
of a one-car garage for each unit.
c) Manufactured housing units as defined in RSA 674:31 are not
permitted.
15.14.6 Parking – Off-street parking shall
be provided for two (2) cars per unit plus a minimum of a one-car garage for
each unit.
Behrmann informed the board they no longer have 120 days to start discussing any changes in the ordinance. He explained the State changed that statute to 60 days prior to the March vote. The Board supports placing this change on the warrant for March.
DISCUSSION, HOME OCCUPATION/DAY CARE – The secretary explained to the Board that a Home Occupation went before the Board of Selectmen for a daycare in the house. She explained that “home occupations” are allowed in all the zones, however daycare is not listed as a permitted us in the Residential Zone and asked if this was just an oversight and should be added to that zone.
Chairman Tillman explained what is not allowed in the Rural Residential zone is a commercial day care. He stated that any use at all is allowed under home occupation in all zones that allow home occupation.
MINUTES OF JUNE 26, 2008 FOR APPROVAL AS AMENDED – Chairman Tillman moved, Dwyer seconded the motion to approve the minutes as amended. The motion carried unanimously.
MINUTES OF JULY 24, 2008 FOR APPROVAL AS AMENDED -- Morasco moved,
Chairman Tillman seconded the motion to approve the minutes as amended. The motion carried unanimously.
MINUTES OF AUGUST 14, 2008 FOR APPROVAL AS AMENDED – Chairman Tillman moved, Dwyer seconded the motion to approve the minutes as amended. The motion carried unanimously.
MINUTES OF SEPTEMBER 11, 2008 FOR APPROVAL – These minutes will be addressed at the October 9, 2008 meeting.
PLANS & MYLAR
FOR SIGNATURE (TIBOR TOTH, TAX MAP 21 -
ADJOURNMENT – The meeting adjourned at 7:00 P.M.
Respectfully Submitted,
Phyllis McDonough,
Planning Board Secretary
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