MINUTES

LANCASTER ZONING BOARD OF ADJUSTMENT

JANUARY 25, 2006

CALL TO ORDER:

Chairman A. Savage called the meeting to order at 6:30 p.m.

ROLL CALL:

A. Savage, chairman; J. Hammond, vice chair, regular; T. Frenette, alternate; S. Sansoucy, alternate; L. Cassady, alternate; S. Martin, regular.

Others present were Judi Donnelly, Charlotte Sheltry, Dave and Carol Haas, Dan Fournier, and Dana Graham.

Chairman Savage appointed S. Sansoucy and L. Cassady as full voting members for cases #456A and #457.

Case #456A Currier RV Center/Lancaster National Bank/GRJH Inc. for a use variance concerning article 5 section 5.02 of the Zoning Ordinance. Applicant requests to operate a motor vehicle sales agency for the sale of non-street legal motorized vehicles (snowmobiles and ATV’s) in the Commercial Zoning District. The proposed use will take place on two abutting lots. (218 and 212 Main Street. Tax Map P4 Lot 16 and lot 33).

Chairman Savage asked what GRJH was. Dan Fournier of Currier RV said that they are the petroleum company that owns the Sunoco Station on Main Street. Jim Mentzk is a member of that company and has signed an agreement with Currier to do this project.

Chairman Savage said that all abutters were notified by certified mail.

Dan Fournier said their plan is to display campers only on Lancaster National Bank’s property. The Board of Directors of the bank has signed a short-term agreement with Currier also, allowing them to do this. These would be unmotorized campers only. And on the front lower level of the lot. The other lot (Sunoco lot) will be used for selling gasoline and sales and service of snowmachines and ATVs.

When Currier moves their business in the future to their Route 3 location, they will move on.

Incoming trailers will be dropped at the Chevy dealership on Bridge Street, so traffic won’t be tied up on Main Street. They promise to store excess machines and trailers behind the Chevy location as well. He said there will be no clutter at Main Street location.

Their hours of operation will be from 8-6 on Monday thru Thursday and 8-5 on Saturday, 8-7 on Friday and about 4 hours on Sunday—although Mr. Fournier was unsure which four hours that would be. Mr. Patel of Coos Motor Inn asked that it be as late in the day as possible, as his patrons sleep late on Sundays.

Mr. Fournier pointed out that Currier RV on Bridge Street is missing a lot of the traffic for snowmachine sales as they are out of the loop. The Route 2 and 3 (Main Street) location will be much better for that business.

Dan Fournier pointed out that there will be no motorized vehicles on the Lancaster National Bank property. ATV and Arctic Cats and service will be at the Sunoco station lot. This will be a temporary arrangement. Probably two years. He said that there will be no mess on the lot—no piles of pallets—it will be a neat and clean operation. He repeated that the owner of the Sunoco building is okay with snowmachine sales and wants them to do gas sales as well, and the bank is okay with the plan for their lot as well. The tanks and pumps on the property are the property of the owners (GRJH Inc.) and are their responsibility.

Some discussion commenced on a 5-year variance on the Sunoco lot.

S. Sansoucy explained that snowmobile maintenance was at the other end of town and so noise wasn’t a problem. But in town it could be, with noisy mufflers and modified machines. He asked the applicants how they’d deal with that. Coös Motor Inn is close by, as are several residents. Noise will be a problem.

In response Dan Fournier said that his company does not advocate modified mufflers, and they won’t be modifying them. They would need to fire up machines and rev to check track alignment and that would only be for about two minutes.

It was noted that most modifications of this type are done on a farm somewhere or right in someone’s own yard—but people could still bring them in for other service or to get gas.

Carol Haas, an abutter directly behind the Bank lot questioned the noise when the machines are being tested. Mr. Fournier said they will test elsewhere.

Chairman Savage said they will have drive-ins for service—that’s a given.

Judi Donnelly, an abutter directly behind the Sunoco station lot expressed concerns about the safety of kids walking by going to and from school. She feels it’s a hazardous corner. She wondered where they intend to tryout machines, because when people buy a machine they want to try it out.

Mr. Savage agreed that the State may not like the volume of traffic there. However it has always been a gas station with traffic in and out in that area.

Carol Haas asked if ATVs make as much noise as snowmachines. She was told by Mr. Fournier that they do not.

Mr. Patel of Coös Motor Inn said as long as they close before bedtime he is okay with them opening their business there.

It was asked if they could sell snowmachines there and keep their service in the dealership. Mr. Graham said that makes it difficult because if someone drops off a machine for repair, the mechanic would need to go to the dealership to get the parts. It just makes it easier if everything is under one roof.

Mr. Fournier said that this is not a permanent operation. He said that having the service where the machine is bought is just easier and less time consuming.

L. Cassady asked if Currier would consider keeping the service in the dealership, and just do sales at the Sunoco lot. Mr. Fournier said they would consider it.

S. Martin understood the difficult situation with the parts as he does repairs at his business as well. It’s just easier to have what you need there when you need it. He said he does understand, also, the issue with the noise. He said if the abutters agree to one year to try noise situation to see if it works, then he thought that was reasonable. He said that snowmachines have become a “necessary evil for the economy of the North Country.”

S. Sansoucy asked if they’d thought about the property where North Country 4x4 was. Mr. Graham said that was sold to NC Powersports and the use for the snowmachine/ATV/boat sales and service was a grandfathered use. And Currier wasn’t prepared to pay what the owner was looking for, for that property.

Mrs. Donnelly asked again where they would be trying out the machines. Mr. Fournier said they would need to take them over behind the car store in that field.

Mrs. Donnelly asked about the safety issue. She said there’ll be people driving over from Jiffy Mart for example. Mr. Fournier said he can guaranty that no one from Currier will leave the lot on any machine. He cannot however, control people coming in from elsewhere. He said he could put up cones or whatever is necessary for the children’s safety, too. The board agreed that people coming from Jiffy Mart or somewhere else on the street, was a police issue and not in the control of Currier RV.

L. Cassady asked about access to Crane’s field—if there was one. Mr. Graham said there wasn’t.

S. Sansoucy asked if there were no other options on Route 3. Mr. Fournier said this deal was so good that they had to pursue it. He said they need to move the existing business. Getting money to add on showrooms may take one to two years. It’s his feeling that they need to maximize tourist money. They will be adding jobs by opening this business also. They’ll have 2 gas attendants and 2 RV guys.

Chairman Savage said that there did used to be snowmachine dealers in that area of town. A Polaris dealer where Dunkin’ Donuts is, an Arctic Cat dealer where Lancaster Hardware is, Crane’s, and Warren Gorham rented snowmobiles and sold Honda motorcycles on that stretch, too. Lancaster used to be known as the “Snowmobile Capital of the World.”

Dave Haas said being close to Main Street he is not new to noise. He thought that it would make more sense to keep service away from that area—that way they won’t need to deal with all that.

The idea of a five-year variance was brought up again. If in one year, abutters have complaints, then they will be addressed. Business wouldn’t necessarily need to stop, but they would change the rules. If there are no complaints then they don’t need to come back in one year.

Mr. Graham said there would only be one tech working out of that building. The board agreed that noise is noise no matter who’s doing it.

Mrs. Donnelly said she doesn’t like the service idea there. She would rather see no service.

Mr. Patel of Coös Motor Inn said he was neutral on the service issue.

Mr. Fournier said by the time they get in there, snowmobile season will be all over. ATVs are quieter.

Chairman Savage questioned whether they could say no to service when they are running a gas service station. A snow machine can go in to get gas. This business could be a full-tilt, 24 hr. service station, but it’s not.

T. Frenette brought up the idea of using a forklift to load machines and take them to the building on Bridge Street for service. Mr. Fournier said they do have a forklift and they could do that.

Mr. Patel said that Main Street is too dead. Some noise is needed. He felt that sales and service both need to be in the same place. “If they do good, they will help out by giving jobs to people.”

Mr. Fournier pointed out that a service customer will spend money on jackets and such when he gets his machine serviced. It is easier to have it all in one location.

S. Martin said, “the proof is in the pudding. This season is shot. Probably they should be allowed to go through Feb. 1, 2007 to see how it works. If abutters don’t like it then that’s the end of the service.” It will add to Main Street of town.

Carol Haas asked if that was true that they would be shut down.

S. Sansoucy said they could ask them to move the service. Or they could have them fix the building by adding fans and/or sound proofing. Abutters are empowered to request this. If there are complaints the abutters can call the Chairman and say it’s not working and a meeting will be called. This area needs businesses, he continued. The owner has franchise and it needs to be used. He said the rights of abutters are more powerful than those of owners as long as they are reasonable.

Mr. Haas said that sounded fair enough for him. Mrs. Haas agreed, saying also that she liked the idea of the forklift to move the machines.

Mrs. Donnelly agreed saying, “we’ll give it a whirl and see what happens.”

Mr. Fournier said they’ve done well where they are. They should double or triple business by moving that 300’ to Main Street. He said they own property behind McDevitt's and will haul stuff in there and lock it up.

The board agreed that this is one retail service changing to another and that there is no change in use.

Motion was made by S. Sansoucy and seconded by L. Cassady to approve a temporary variance for a period of five years on lot 16 (Sunoco lot) for Currier RV to use for sales and service of snowmobiles and ATVs, with stipulation that no later than Feb. 1, 2007, abutters have the right to ask this board for reconsideration of that use. Each year thereafter, abutters may ask for reconsideration as long as this variance is in force. Applicant must pay fees to reopen this case at abutters request.

MOTION CARRIED — UNANIMOUS

Motion was made by L. Cassady and seconded by S. Sansoucy to grant the variance with conditions as set forth in the previous paragraph.

MOTION CARRIED — UNANIMOUS

#457 Currier RV Center/Lancaster National Bank/GRJH Inc. for a sign special exception concerning article 6 section 6.04 b of the Zoning Ordinance. Applicant requests a free-standing sign in excess of 35 square feet. (218 Main Street, Tax Map P4 lot 16.)

Chairman Savage said that Lancaster National Bank is not involved in this, as they have nothing to do with this lot.

Currier proposed a sign that in addition to the 15 sq. feet already there in the Sunoco sign, they would add above it a 24 sq. ft. Arctic Cat sign. It was noted that the gas prices are not included in the size of the sign. This 4x6 sign is a franchise requirement. Currier will need to light and hang it.

North Country 4x4 had two signs one on the building and one by the road.

Currier’s have a temporary permit for a sign hanging by McDevitt’s on Bridge Street. That is a temporary sign.

Board members recalled turning down a higher Sunoco sign, to which Mr. Haas said that was true, and that sign is still behind the building.

Abutters present had no problem with the sign.

Mr. Fournier asked if they wanted to put up a banner for a sale if they’d need to get a temporary permit to put it on the building. He was told he would not need to get a permit for that.

The hearing was closed to the public at 7:30.

Board members agreed the sign is temporary.

Motion was made by S. Martin and seconded by S. Sansoucy to accept request for a 4x6 Arctic Cat sign for a period of five years.

MOTION CARRIED — UNANIMOUS

The board proceeded to fill out the forms for variance and sign exception.

APPROVAL OF MINUTES

Motion was made by S. Martin and seconded by J. Hammond to approve the minutes of the Dec. 28, 2005 meeting with the removal of some stray words in the third paragraph on page 1. That paragraph will now read “Others present were Dave Legendre, contractor for Bradford Oil; Rick Fontaine, Cathy Walther, and Linda Roger all representing Country Village; Charlotte Sheltry, reporter for Lancaster Herald; Dean Walts”

MOTION CARRIED — UNANIMOUS

OTHER BUSINESS

Chairman Savage advised the board to be cautious when hearing a case. They need to remember that they cannot change what was advertised. For example if someone applies for a permit to have a certain number of animals, the board shouldn’t change that number to be higher, as that was not what was advertised.

North Country Powersports has been out more than 30 days and so their signs have all been taken down. That property is in the agricultural zone, constituting a discontinuance of use.

The next Tri-board meeting will be Jan. 31^st.

Motion was made by S. Martin and seconded by S. Sansoucy to adjourn the meeting at 8:10 p.m.

MOTION CARRIED — UNANIMOUS

Meeting was adjourned at 8:10 p.m.

Respectfully submitted,

Lyndall G. Demers

Clerk for the Zoning Board

______________________________________

Alan Savage, Chairman

Zoning Board of Adjustment