Zoning Board Meeting Minutes - May 10, 2006

Meeting Minutes Zoning Board of Adjustment May 10, 2006 Lincoln Town Hall Main Street, Lincoln, New Hampshire 5:00 PM Present: Chairman Joe Chenard, Vice-Chairman Ron Comeau, Member W.T. Bishop, Selectmen's Representative McTeague and Alternate Denys Draper Staff Present: Stacey Havlock, Planning Administrator Others Present: Mike Harrington, Rick Kelley, Steve LaFrance, Daniel Muller, Pat Romprey, Peter Moore (5:23pm) and Susan Chenard 5:08 PM CALL TO ORDER by the Chairman Vice Chairman Comeau called the meeting to order. Member Fink, Alternate Noel and Alternate Leary were excused and Alternate Draper was seated. Full quorum present. 5:09 PM CONSIDERATION of the Draft Minutes of the December 19, 2005 meeting. Vice Chairman Comeau inquired if there were any comments and/or questions regarding the minutes. There were three typos. Selectmen's Representative McTeague made a motion to approve the minutes of December 19th as amended; seconded by Member Bishop: Affirmative vote. Chairman Chenard arrived at 5:11 pm. 5:11PM Case 06-01: Loon Mountain, Tax Map 2, Lots 3.2 & 3.3, Map 15, Lots 2 & 4, Map 16, Lots 315 & 316 The Applicant is seeking a special exception/variance pursuant to the Lincoln Land Use Plan Ordinance, Article III, Section A(2), to construct a snowmaking line. Mr. Kelley introduced the people he had with him for the meeting; Steve LaFrance - Engineer from Horizons Engineering and Daniel Muller - Loon Mountain's Attorney. Mr. LaFrance noted Loon is proposing to transfer water back and forth from Loon's infiltration gallery to Connector Pond. He noted that Connector Pond will be used for snowmaking water. Mr. LaFrance briefly went over how the water would flow through and how the construction would be taken place. He noted there would be a force main for sewer with the purpose of the force main to serve the future Centex Destination Properties. Mr. LaFrance noted there is a steel-sheeting wall proposed between Connector Pond and the Pemi River, which will have a purpose of creating a hydraulic boundary between the pond and the river. Chairman Chenard questioned what the time period would be when the project would be going across Route 112. Mr. LaFrance responded the plan is to put the project out to bid shortly and the trench permit they received from the DOT but it doesn't give specific dates as to when they can or cannot perform the work but he is sure that is in no one's interest, including Loon's or the contractor to be out doing this type of work during busy holiday periods as it will take several days to get the work done going across the road. Chairman Chenard questioned how many hydrants there would be on the lines for emergencies. Mr. Kelley responded there would be three. Member Bishop questioned the quality of the water in the pond. Mr. Kelley responded he had a 10-page report he would include in the record that gave all of the information on the water. Member Bishop questioned the recharge rate. Mr. Kelley responded it was 500 gallons per minute. Alternate Draper how many gallons were going to be used per minute. Mr. Kelley responded it would be 10,000 gallons. Alternate Draper noted at that pace it could delete the pond of water. Mr. Kelley responded yes it could but it was their intention to only be able to have 80% of water for 80% of the terrain, which is what the pond supply will provide. He noted this would have the least amount of impact on the community. There was a brief discussion on who owned the water and pond. The people own the water and the Govoni's own the pond. Member Bishop questioned the water conservation plan. Mr. Kelley responded when the water is low they will not be able to draw from the pond. Vice Chairman Comeau made a motion to open the Public Hearing; seconded by Member Bishop: Unanimous affirmative vote. Mr. Romprey noted regarding the ownership of the pond it is considered private ownership as it is less then 3 acres. Mr. Romprey commented regarding the piping that was going to be used. He questioned whether there would be any type of fencing used. Mr. Kelley responded no they were not as it is private property. Mr. Harrington questioned what the psi was. Mr. Kelley responded the psi would run about 138. There was a statement made if the pipes were to rupture than the pumps would shut down. Mr. Romprey questioned whether the pumps were diesel or electric. Mr. Kelley responded the three pumps were electric. Chairman Chenard questioned the amount of noise the generator at the pump station would be making. Mr. Kelley responded they are small horsepower pumps and would not produce an amount of noise that would bother anyone. Alternate Draper noted the water will be used for snowmaking however there is a comment in the application for potable water and wonder what it is doing to be used for. Mr. Kelley responded the potable water will come off the town system. He noted there would be a 24" pipe line that will be used for snowmaking, a 12" waterline which it the town water to feed the developments and then there is an 8" force feed sewer line that are all in the same ditch going to the treatment plant. Chairman Chenard questioned whether or not the town would own the water line and if it did then it would be exempt from having to go before the ZBA. Attorney Muller responded that was their belief however other attorney's had a different reading of the law and felt it was necessary for this to be brought before the ZBA incase there were any questions later on down the road. Selectmen's Representative McTeague questioned where the new pump house was going to be. Mr. LaFrance responded it would be down over the bank so it will not be seen from the road. Alternate Draper questioned whether Loon was responsible for returning the roads and such to the original conditions they were in prior to digging them up for the installation of these lines. Mr. Kelley responded yes Loon is responsible for the maintenance of the whole project. Alternate Draper made a motion to close the Public Hearing; seconded by Selectmen's Representative McTeague: Unanimous affirmative vote. Alternate Draper made a motion to go into voting mode for the variance; seconded by Member Bishop: Unanimous affirmative vote. 1. Benefit to the public interest: The Ski Project will infuse the Town with tax revenues from the planned improvements and will provide assurances for a quality recreational experience. Adds three hydrants needed by the town (2 on Connector Rd and 1 on Main St.) Lines will be underground and pump house on private property. 5 votes yes 2. Unnecessary hardship: The use of Connector Pond will not create a hardship on any property owners, other than the Govoni's, as the parcel proposed to put the new pump house is a private property owned by the Govoni's. 4 votes yes - 1 vote no (*concerns with possibility of Loon's chance to change amount of water used so felt it is not in public's best interest.) 3. Spirit of the Ordinance: The location and use of the pump house on Govoni's property versus Loon's will not pose any health or safety issues, reduce property values or result in overcrowding on land. 5 votes yes 4. Substantial Justice: Granting this variance would enable Loon to maintain and improve the value and use of its property for ski area purposes. The Ski Project will enhance the economic prospects for the town as a whole. 5 votes yes 5. Diminution in value: Granting the variance to allow the pump house to be built on Govoni's property will likely increase the values of property and business owners not diminish them. 5 votes yes Chairman Chenard noted voting passed variance granted with 4 in the affirmative and 1 in opposition. Alternate Draper made a motion to go into voting mode for the special exception; seconded by Member Bishop: Unanimous affirmative vote. 1. Architecturally Compatible: Substantially all of the Project will be underground. Therefore, with respect to the subterranean portions of the Project, the water and sewer lines will not be incompatible with the structures located on the surrounding residential properties. 5 votes yes 2. Affect Traffic Access: The Project consists primarily of infrastructure to be used in connection with the Ski Project. Neither the water and sewer lines nor the pump house will generate any additional traffic in the applicable zoning districts. Other than infrequent maintenance the Project will not require any additional traffic, therefore, not altering the character of the districts. 5 votes yes 3. Lighting & Noise Levels will not Disturb the Tranquility of the Districts: The Project, once constructed, will not generate any appreciable noise. In addition, the Project will not include any lighting, other than minimal lighting associated with the pump house therefore not causing any noticeable impact on the tranquility of the districts. 5 votes yes 4. Compatible with Existing Uses: The pump house, which is the only part of the Project that will be above ground, will be similar in nature and size to existing structures that may be installed on a residential property. Therefore making all parts of the Project compatible with existing land uses. 5 votes yes Chairman Chenard noted voting passed special exception granted with 5 votes in the affirmative. Alternate Draper made a motion to close voting mode; seconded by Member Bishop: Unanimous affirmative vote. 5:55 PM OTHER BUSINESS There was no other business. 5:55 PM ADJOURNMENT There being no additional business, Alternate Draper made a motion to adjourn the meeting; seconded by Selectmen's Representative McTeague: Unanimous affirmative vote. DATE: __________________ APPROVED: Joseph Chenard Zoning Board Chairman