30 PAYSON HILL ROAD
RINDGE, NH 03461
Tel. (603) 899-5181 X100 Fax (603) 899-2101 TDD 1-800-735-2964
MEETING MINUTES: DATE: 10-27-15 Approved 3/22/16
Regular members:.David Drouin (Chair), Marcia Breckenridge (Vice Chair), Janet Goodrich, Bill Thomas, Phil Stenersen,
Alternates: ...... Joe Hill, Rick Sirvint
Absent:......
Recusals:Phil Stenersen recused himself from the second case (#1083) being heard tonight, due to a conflict of interest.
ZBA Clerk...... Katy Robbins
Others Present………Emily Golinsky, Dave Drouin DuVernay, Kirk Stenersen, Matt Sauvola, Jared Sauvola
The meeting convened at 7:00pm with the Pledge of Allegiance.
The clerk announced where the notice of the Public Hearing was posted. Town office, police station, fire station, library, transfer station, town website, post office, Monadnock Ledger Transcript
Rick Sirvint read the case before the board.
Case #1081: continued from August 25, 2015: Camp Starfish, Emily Golinsky, 1121 Main Street, Lancaster, MA 01523, for property located at 12 Camp Monomonac Road, Rindge, NH 03461, Map 3 Lot 71 for a Variance from Article IV Section A of the Zoning Ordinance to permit the use of modular office trailers on site at the camp.Joe Hill summarized the relative ordinances.
ARTICLE IV
Residential District
The following provisions shall apply to the Residential District:
- Uses Permitted:
- It shall be a district of single family dwellings only, and shall not include mobile homes as defined in Article 20, Number 24. Each Dwelling shall be on a separate lot. Go to #28 non-conforming structure does not conform to the Modular Trailer.
Sitting on this case will be: David Drouin, Marcia Breckenridge, Janet Goodrich, Bill Thomas, Phil Stenersen.
Testimony
Ms. Emily Golinsky, Executive Director of Camp Starfish, thanked the Board for extending the date for her to meet.
Emily Golinsky - Camp Starfish has 2 trailers that were originally construction trailers that we use for the office space. Similar to the ones you may see on the side of the highway. Neither of these trailers have any type of living facilities, no kitchen, plumbing, bathroom facilities no housing. We have done work on the trailer over the 8-9 years to make them suitable for office space. They are the only location with the exception one locked cabinet in the Health Center. It is required to lock up medications, they are the only location on sight that we keep confidential files, locked documents items like that which is required of us by the Department of Labor and Department of Environmental Services Youth Camp Licensing Code. Where it is summer because as Joe said it is not permissive in the guidelines and we have these trailers we are using there are not authorized to be there, so we are asking for the continued use. First of all the Camp has put money in them over the years. Secondly, right now we have absolutely no way else to make up the use of them. As I have spoken with the Board before, it is our plan in the future to put in a permanent building, but right now that is not an option. So Starfish is asking for a variance so that we can continue to utilize the office trailers as offices.
Janet Goodrich – You submitted a very detailed ten year plan, and that was part of the ten year plan as I hear you referencing.
Emily Golinsky –The trailers have been there, some may of you remember that back in 2004 or 2005 when the Church still owned the property and we were renters, the Church would rent a trailer and place it on the Field every summer and that trailer did have bathroom facilities and had temporary tanks, a conversation we do not need to have now. Now the ones that we are using are “can be driven away” but, yes they have been there and in operation I think one since, not quite sure, but many, many, many years.
Dave Drouin – you have explained the need of the office, which makes sense. But what you are here for variance because it is temporary. So part of the criteria is to show the hardship as to why you need the temporary in lieu of a permanent office. So one of the criteria is “what is unique about that property –that essentially limits you or forces you to have a temporary structure over a permanent one?
Emily Golinsky – There are actually several things that I included in here we have to go through, I’m not sure if it is a function of the property as such as the availability of funding. We do not have the ability to build.
Dave Drouin - Availability of Funds is not a hardship.
Emily Golinsky - We were notified where we could buildon the site. The land is not in the wetlands and it’s all these things, there is no power and no way to get power to build. So right now we have 7.4% of our property which is impermeable and I think it’s under allowance under shore land because of how much land we have on the lake is 7.26.
Dave Drouin – But that is within the set back. The trailer is well outside of the setback.
Emily Golinsky – The trailer is, but where we potentially would be able to place an office and have it accessible to phone, internet.
Dave Drouin – Couldn’t you put an office where the trailers sit now?
Emily Golinsky – No, there is a well behind the trailer. If we were to build a building with a foundation and a permanent base structure we would have to discontinue the use of that well, which we cannot do, because it provides water for the camp. However the Department of Environmental Services usually comes out and inspects that well every year; they check that well regularly.We have the trailer up on stilts, it’s a big metal thing and it has wheels. So technically if anything should go wrong with the well not only can you access it but you can walk under the trailer. The trailer could be moved, but to put a permanent building there is not an option and DES has made that clear.
Dave Drouin – With all that acreage there is nowhere else to put a building?
Emily Golinsky – The only other place that we could put a building that would be accessible for what we need it for would be literally on the field. That is the only field space that we have we would end up really altering the ability to provide services to our kids. We would have to build an outside space that is not covered in trees and we can’t remove trees obviously, there are limitations as to what we can do.
Dave Drouin - Are you referring to the set back?
Emily Golinsky – The set back as well as that we are trying to preserve the natural environment and our goal is to make as little impact on the environment. Ultimately at the end of the day, the trailers that we are using as offices are not visible from the water or road or impact any surroundings.
Dave Drouin – That’s not true. If it’s not permitted then it’s not allowed. I am having a hard time understanding with all the acreage available that a permanent building can’t go up.
Emily Golinsky – I think in the future it’s possible. I think I talked to you about the future plans and as your Board requests we put a lot of time and effort into this and all of that is down the road. At the time when I came and you guys were very understanding of the fact that there are financial aspects involved in that, and the reality of long site planning, but it is not a possibility for us right now.
Dave Drouin – But, you are building a building right now.
Emily Golinsky – Yes, and as I talked about this at the Board of Selectmen Meeting as well as well as other ZBA meeting this has nothing to do with that. The building is a ¼ mile away through the woods and has its own power drop and has its own facility system out there, a new well and a new septic and all of those things. It is for summer usage for our campers and it would be impractical at best to put the office out there. This year we called 911 three times, if someone had to run ¼ mile through the woods to get to a phone, I can’t even imagine. For the logistics of the site there is only one road that goes from one side to the other. The building that we are building out there as you know from previous discussions is very specifically funded from a Grant restricted for the purpose to allow Starfish to keep our doors open. That money cannot be rescheduled or redefined in any other way.
Rick Sirvint – On the map here you are proposing these two trailers. Where are they placed on the land? (Emily Golinsky got up to show Rick Sirvint where they were). So there is nothing there now.
Emily Golinsky – No it is it looks exactly like this, it has been this way for years.
Rick Sirvint – So this would be just next to it or on it?
Board members – No
Emily Golinsky – The concern is that we cannot keep them.
Rick Sirvint – As a future office would you want it in the same spot?
Emily Golinsky – If I had my choice? If there wasn’t a well there and all of that stuff, it would be a great space. However, the reality is that on the long term plan the more realistic situation we would have to seek permits for a new septic system, and there is no place for a new power drop from the road. That is a pipe dream.
Rick Sirvint – How many campers.
Rick Sirvint – 43
Dave Drouin – This is a variance which goes permanently with the property. So if this variance is granted these trailers and their replacement can be done in perpetuity.
I am having a hard time seeing a hardship myself. I still have not heard why this property is so unique in 20 plus acres that can’t be a permanent office there. This is something that is not allowed, if someone had a piece of property to have their family on it, we could not do it. We cannot have a non-conforming mobile home, unless it was grandfathered.
Emily Golinsky – Understood, but this is not a mobile home, it does not have a kitchen or bathrooms.
Dave Drouin – But it is a trailer.
Emily Golinsky – Yes, a construction trailer, it is literally metal and rubber roof.
Dave Drouin – The Town is very clear on our zoning, they do not want trailers.
Marcia Breckenridge – Aren’t they talking about living trailers? This is not a trailer home that to me is an incredible thing to note.
Dave Drouin – It is still not a permanent structure.
Marcia Breckenridge – I am not comfortable calling it a trailer home. When you have not kitchen, no bathroom, nothing but walls. I don’t see that as pertaining to the restriction of trailer homes.
Janet Goodrich – This is not visible from the Lake or the Land, it is visible to nobody.
Phil Stenersen – The definition of a mobile home is that it is a residential dwelling etc. It is to be occupied as a dwelling complete and ready for occupancy except for assembly operation. These are not dwelling units.
Dave Drouin – I am not saying it is a mobile home, I am saying it’s a trailer and trailers are not permitted.
Dave DuVernay – It’s a temporary building. Would you agree it’s a temporary building?
Dave DuVernay – It has been there for 8 years, anything longer than 30 days is no longer temporary. So why is it a temporary building?
Marcia Breckenridge – My take on this is that it was not the intent of the voters to restrict the usage of an office space particularly with the nature of the Camp for disabled kids. As I read the ordinance, it was the intent of the voter to say we don’t want mobile homes just willy-nilly all over the Town. This does not fit into that category, I have no problem with this.
Dave Drouin – What is the hardship on the property that would require a temporary building and not a permanent building? Permanent meaning full construction and a foundation.
Marcia Breckenridge – Our Lawyer is saying that.
Dave Drouin – What is the hardship on the property?
Phil Stenersen – Dave Drouin why are you asking about the hardship on the property?
Dave Drouin – For the special condition, what is the special condition that exists on the property?
Dave DuVernay – Isn’t the special condition that that you are operating as a camp in a residential district.
Dave Drouin – That is for use, that is not a condition on the property
Emily Golinsky – In the previous application for the ZBA that we have done when we have gotten to Question #5. The special condition has always been, that we are a pre-existing grandfathered non-conforming use. So I put the exact same condition here for that. So to answer your question, the special condition is the grandfathered non-conforming.
Dave Drouin – That is what was used to address the increase for the change for the expansion, but this is specific to being temporary.
Marcia Breckenridge – But we have classified it as grandfathered.
Emily Golinsky – It is also what we have done when we came for a new shed 5 years ago.
Dave Drouin – But those were not for variances.
Emily Golinsky, Marcia – Yes they were.
Dave Drouin – Well this is for adding a temporary building.
Dave DuVernay – You keep saying temporary you have a variance application.
Emily Golinsky - Just say that Rindge has a massive population increase, the first thing you would do to accommodate the schools would be to add trailers.
Marcia Breckenridge – Janet Goodrich - We already have at the JRMS and Conant.
Dave Drouin – Are you saying that they don’t have to conform to the zoning ordinances?
Emily Golinsky – I am not and I am not saying that we are a school, we do have an educational 501(c)3 classification with the government. But the point I am making is that those are fully equipped, some of them are absolutely livable. They have kitchen facilities and full bathroom’s and they are in a public place that most everyone drives by on a daily basis.
Dave Drouin – But they are not subject to the zoning ordinances. Just like the Town has an office trailer at the Highway garage, it is not subject to the zoning ordinance.
Phil Stenersen – I believe the argument can be made, that if you register them and treat them as a vehicle. I have an office trailer that sits on my property until it is needed. Technically it could be considered extra storage because it follows me around to the job site.
Marcia Breckenridge – It will be moved when you no longer need it
Dave Drouin – But it is on a temporary basis until the next job.
Phil Stenersen – Technically this is on a temporary basis until she can build a permanent one.
Janet Goodrich – Can we just agree to disagree on this discussion?
Dave Drouin – I just wanted to see what the special condition of the property is, it can’t have a permit.
Marcia Breckenridge – What Phil is saying is that we can set aside that issue if what you are saying?
Phil Steneresen– Camp Starfish could register the trailer as a motor vehicle.
Marcia Breckenridge – Then they would not have to go through all the variance procedures.
Dave DuVernay – The Aho buildings have several of them and others have them registered as vehicles, they go to a job site and then come back, it certainly would work.
Dave Drouin – The Planning Board is also talking about allowing the Selectmen to issue a permit. Is there something in your letter stating that?
Dave DuVernay – No, what I tried to indicate is that we have no definition as to what this office trailer is.
Dave Drouin – So we would be addressing a definition as opposed to a permit process.
Dave DuVernay – yes.
Emily Golinsky – My only concern with registering it and if that is the decision of the Board I will certainly do that. This has been a topic of conversation for about a year now, the Fire Chief would like a very clear definition as I know you guys would. I was advised to go before the Board of Selectmen, so I wrote a letter and did that, and at that time it was stated that that was not the right way. The challenge that this is presenting is that for all Camp Starfish’s out there in the world, there is just myself and one other person. This is taking a lot of concern and with all the Board meetings and the parents are concerned are we going to have to go in the winter to pack up all of our stuff. They asked are you going tonight and are you going to get an answer and then what goes on. This has caused a lot of uncertainty for something that has been there for a long time and that I go through the variance option, this seems to feel that this is an exception. Certainly I would be happy to help the process of defining or let people come in and take a tour of the trailer.
Phil Stenersen – I have concerns that if this is granted that in the future someone may purchase the property 50 years from now and think they can put a trailer on it.
Janet Goodrich – This variance is asking for an office trailer not a dwelling to live in.
Marcia Breckenridge/Phil Stenersen – We need to place some conditions regarding the property that it only be an office trailer.