Zoning Board Minutes 05.01.24

7:00 pm. Open and roll call: Present: Brooks McCandlish (Chair), Nathanial Bruss (Vice-Chair), Bill Duffy, Jim Varney

Quorum established.

Review minutes of April 3, 2024 meeting

Motion: Bill Duffy moved to accept the minutes of the April 3, 2024 meeting as written.

Second: Nathanial Bruss

Decision: 4-0, All in favor

New Applications: None

Public Hearing Application for Special Exception by Beata Bzura, Map 11, Lots 14 and 18. The applicant proposes a project to build a seasonal wellness camp for 20 adults in two phases. Phase one will span three years with phase two starting in year four.

Applicant explanation and comments:

Beata Bzura read a new application based on comments she heard during the site walk on April 30, 2024. The original April 3, 2024 application is attached to these minutes.

“What is proposed?

I propose creating a summer wellness retreat, where the guests would find seclusion for the purpose of contemplation, self-reflection and healing, supported by my personal abilities, knowledge and the power of the group and the nature.

This will be a quite a camp

I will be offering meditation, workshops, group activities, individual therapy, hiking.

Meals will be provided.

There will be no alcohol, drugs, or mind enhancing substances.

Adults 21 plus

The guests will remain on the property throughout the stay

There will be a fire pit, build according to specifications of fire department

The snowmobile trail, hiking trail will be maintained

The camp will offer 2 rounds of guests per week, 3 nights of stay per each from June 1 to September 1.

The project will be developed in 2 phases.

Phase 1.  First 3 years.  Located between the road and the brook near the RV site. This phase would host 10 guests. I plan to construct 5 cabins, each accommodating 2 guests, size 10’x10’, handicap bathroom and shower. Water would be provided by shallow well and the brook. There would be biodegradable self-contained toilets and dry well for gray water drainage. The bathroom at the RV would be used as well.

Phase 2. 4th year on. Located at the ridge approximately 1000 feet away from the road, beyond the brook. Phase 1 will be deconstructed upon opening phase 2. It will include single and double accommodations for 20 people. This project will include road, bridge, site prep, water well drilling, septic, a general building, toileting facilities, and electricity.

The layout of the property is as follows:

– There are two separate parcels, lot 14 and 18, encompassing 55.8 and 23.9 acres of land, respectively.

– The business location is planned for lot 14, while plot 18 will be used for hiking activities.

– The measurements of the parcel are as follows: frontage by Massasecum Ave. is 2080 feet, on the left side is 869 feet, on the back is 2278 feet, and on the right side is 1122 feet.

– There is a brook that runs parallel to the road throughout the entire length of lot 14, approximately 500 feet away from the road.

  • The campsite for phase 2 will be located on top of the ridge of lot 14
  • Both lots 14 and 18 are wooded except for the areas affected by selective logging.

How is the site appropriate for the proposed use of the structure?

The purpose of the business is to improve the well-being of individuals by promoting holistic healing, supplemented by the power of nature. This concept requires access to a natural habitat and relative seclusion from civilization. The wooded 80 acres of my land can offer just that.

How is the proposal not detrimental or injurious to the neighborhood?

Both phases of the business will be located away from the sight of the neighbors, and except for a short period of traffic and noise during the setup, it should have no effect on them.

How does your proposal address potential undue nuisance or hazard to pedestrians or vehicular traffic?

The traffic on Massasecum Avenue will increase four times a week during 3 summer months, when my guests will be arriving and leaving the camp. For the rest of the time, they will remain on the property. I am planning on providing hiking trails on the property as well, which will not increase the current pedestrian traffic.

What provisions have been made for sanitary facilities?

At the first stage of the business development, I am planning on using the already existing bathroom with water and sewer set up at the RV. I am planning on providing an outdoor toilet with a biodegradable system, and a shower with water from the shallow well already in place, and dry well drainage for disposal of gray water. I am planning on constructing a handicap bathroom with a toilet and shower. This bathroom would have water supplied by the brook and drainage of gray water into a dry well. The toilet would be a biodegradable composting toilet.

The second phase would have a septic system and drilled well in place to accommodate the sanitary facilities and provide access to water. 

What facilities will be provided for parking and utilities to ensure the proper use of the structure?

There will be off-street parking provided in the already cleared area created by the logging.

How is this proposal consistent with the spirit of the Zoning Ordinance and the intent of the Master Plan?

The proposed business is in alignment with the spirit of Bradford’s Zoning Ordinance and the intent of the Master Plan. The main attraction of the proposed business is its rural charm and connection to the nature. The goal is to incorporate temporary dwelling units into the natural environment with minimal disturbance to the surroundings. The remaining space will be used for the purpose of providing tranquility and focusing on preserving and showcasing the natural beauty of the land to the guests.

Additionally, the business plan is to open workshops to the Bradford community, providing creative and recreational opportunities close to home.”

Open comments from the public opposed to the application:

John Mooney, 138 Massasecum Avenue Bradford. Opposed to the business of a campground. Is there a way to monitor the number of clients? Opposes traffic of campers plus traffic for vendors delivering supplies; trucks and vehicles delivering construction materials. Condition of the road is poor; highway department has trouble keeping the road passable. In a rural residential neighborhood with residents using the road for walking, more traffic represents a safety hazard. 

Cheryl Johnson, 111 Massasecum Avenue Bradford. Agrees with Mr. Mooney. The property is beyond town road maintenance. Cheryl read comments from Kathleen Henry of the same address. Comments not received digitally and not reproduced here. Refer to Town Hall Streams, ZBA May 1, 2024 recording.    

Comments In Favor:

Bruce Caswell, Massasecum Avenue Bradford. Spoke in favor saying the applicant should be given a chance. The proposal is not injurious of the neighborhood.

Opposition Rebuttal:

John Mooney: Reemphasized that the applicant is a business in a rural residential zone. Traffic would be a problem on Massasecum Avenue.

Cheryl Johnson: Agrees with Mr. Mooney.

Chris Balboni by Zoom: Does not want this as an abutter. Owned property on Massasecum Avenue since 1964. Does not want serenity disturbed. Checks and balances are missing. Wants to avoid the use of the land changing to a tax-free status.

Brooks McCandlish read into the record a letter received from the Bradford Conservation Commission:

May 1, 2024

Bradford Conservation Commission

Comments re: application for Special Exception Map 11 Lots 14 and 18

We appreciate the opportunity to offer the following suggestions on the application by landowner Beata Bzura. 

We stress that part of this application, if it is accepted, include wording such that any future owner or change in use from a 20 cabin seasonal ‘wellness’ camp be required as a separate Special Exception from the Zoning Board of Appeals.

Most of the conservation commission’s other concerns would be addressed at the Planning Board level should this application be accepted. These concerns center on the need for erosion control on the former logging roads that would impact the stream.

A second concern is the proposed plan to extract water from the stream for use at the handicap restroom. I understand that this is expected to be temporary in Phase One only. Because this stream is nearly dry during our increasingly frequent periods of mini-droughts, some stream disturbance would be required to form a pool large enough for water to be taken. This does not appear to be allowed by DES rules.  Information emailed to landowner. And here https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/dwgb-1-17.pdf

We were unclear whether the parking area is accessed from the Class 6 road which would possibly change the situation. The Road Agent will be able to clear this up. It is not a natural resource concern.

Sincerely, J. Ann Eldridge, Bradford Conservation Commission

Public Comments Closed 8:10.

There was a discussion of continuing the hearing. The hearing notice to Cheryl Johnson and Kathleen Henry was sent to the wrong address. Cheryl Johnson spoke saying that a continuation would not be necessary.

Fact Finding

Jim: Comments from the Fire Chief? Concerns could be addressed by the Planning Board if the application were approved.

Application, if approved, would need a site plan approved by the Planning Board.

The plan is for a Class VI roads; the Town would not maintain the road.

Several abutters commented that the plan would be injurious to the neighborhood. One was in favor. Hazard of increased vehicular traffic. Massasecum Avenue is in poor condition. Provisions for sanitary are in question. DES will need to address water quality issues.

Public Hearing Closed

ZBA deliberations, Board comments:

Nathanial: Site, location: The only possible problem is that the property is located on a Class VI road.

Jim: Seasonal small vehicle traffic is less destructive than logging vehicles. Increased traffic will not be detrimental. Chris Balboni via zoom spoke at length in opposition to this comment.

Brooks: Material to build 10 cabins will not take an excessive amount of material.

Application criteria, consensus of the Board

  • Site appropriate: Other than the Class VI road, the second phase would be appropriate and accommodate the plan.
  • Detrimental or injurious to neighborhood: About the same as another house.
  • Adequate provisions for sanitary facilities: yes
  • Adequate provisions for parking: yes
  • Adequate provisions for utilities: yes
  • Consistent with ordinance and master plan: yes.
  • A threat to the rural character to the town: no
  • Matches the spirit of the master plan: yes
  • Maintenance of properties on Class VI roads is up to the property owner. Ultimate permission rests with the Select Board.

Motion:  Bill Duffy moved to approve the May 1, 2024 application for a special exception at 131 Massasecum Avenue, Map 11, lots 14 and 18 with the following conditions:

  1. All state and local requirements must be met for septic, water quality and stream crossing.
  2. All requirements of the Bradford Fire Chief and NH Fire Marshall must be met.
  3. This is approval only for a wellness retreat as presented to the Board on May 1, 2024. Any change in use or expansion would require another application.
  4. This approval is for five cabins holding a total of 10 people in phase one, and ten cabins holding a total of 20 people total in phase two. Phase one cabins will no longer be in use during phase two.

Second: Jim Varney

Discussion: Nathanial emphasized that this is a property on a Class VI road.

Decision: Motion passed, 3 in favor, 1 opposed. Nathanial Nay; Brooks Yay; Bill Yay; Jim Yay.

Application approved with conditions. Notice of approval will be sent. A rehearing may be requested for 30 days based on a matter not heard at this hearing.

Miscellaneous:

Moving to Town Hall is happening May 16 & 17. There may be some help needed.

Rules and procedures: Certification of Mailing will be sufficient for abutter notification. Procedure to be changed in the future.

Motion to Adjourn: Jim Varney moved to adjourn the meeting.

Second: Nathanial Bruss

Decision: 4-0, All in favor

Meeting adjourned at 9:20 pm.

Respectfully submitted, Kathleen Bigford, Recording Secretary

Attachment: Original Special Exception Application, Map 5 Lots 14 & 18, submitted April 3, 2024.

What is proposed? Please attach sketches, plot plans, pictures, construction plans, or any other relevant documentation that explains the proposed use. Also, include copies of any prior applications concerning the property.

I propose building a seasonal wellness camp for 20 adults in two phases. Phase 1, which will span the first three years, will include the following:

– 10 glamping sites (glamorous camping)

– 1 outdoor toilet with a biodegradable system

– 1 shower with a dry well drainage system and water from an existing shallow well

– 1 handicap full bathroom with a biodegradable toilet and shower supplied with water from a brook and a dry well drainage system

– 1 full bathroom in an RV connected to an existing shallow well and septic system

– Improvements to a part of the logging trail to serve as a road at the campground

– Installation of a privacy fence by the road

– Provision of solar or water turbine electricity for the water pump supplying water from the brook

– Installation of solar lights for the glamping sites

Phase 2, starting from year 4 and beyond, will include the following:

– Ground preparation at the top of the hill for cabins, a lodge, and a septic system

– Cabins for 20 people, including single and double accommodations

– A general gathering building

– A common bathroom and showers

– A septic system

– Solar electricity

– A road

– A water well

Describe the property, including the area, frontage, side and rear lines, slopes, natural features, etc. Please attach a survey, plot plan, or any other relevant documents.

The layout of the property is as follows:

– There are two separate parcels, lot 14 and 18, encompassing 55.8 and 23.9 acres of land, respectively.

– The business location is planned for lot 14, while plot 18 will be used for hiking activities.

– The measurements of the parcel are as follows: frontage by Massasecum Ave. is 2080 feet, on the left side is 869 feet, on the back is 2278 feet, and on the right side is 1122 feet.

– There is a brook that runs parallel to the road throughout the entire length of lot 14, approximately 500 feet away from the road.

  • The campsite for phase 2 will be located on top of the ridge of lot 14
  • Both lots 14 and 18 are wooded except for the areas affected by selective logging.

How is the site appropriate for the proposed use of the structure?

The purpose of the business is to improve the well-being of individuals by promoting holistic healing through self-reflection, supplemented by the power of nature. This concept requires access to a natural habitat and relative seclusion from civilization. The wooded 80 acres of my land can offer just that.

How is the proposal not detrimental or injurious to the neighborhood?

My intention is to build a quiet camp where guests will remain on the property for the duration of their stay. The land is large enough to ensure that all activities are away from the sight of my neighbors, except for the first 3 years when the camp will be close to the road. I propose to build a privacy fence to protect my neighbors from any inconvenience in this regard.

I am planning on offering two rounds of 10 guests per week during first 3 years. They will remain on the property, where they will participate in quite, organized programs such as meditation, workshops, hiking, and group activities. Meals will be provided by me. Each stay will be for 2 nights during June, July and August.

The impact on the environment will be minimal, as I plan to build 5 double cabins during the first phase with little disturbance to the natural habitats.

The second phase will involve providing accommodations for 20 guests, a combination of single and double arrangements. I will most likely be able to utilize the already built glamping structures from phase 1 with some adjustments. Two buildings will be constructed to fulfill the needs of the camp, such as a gathering room, kitchen, and sanitary facilities. I am considering purchasing prefab buildings and adapting them to the needs of the camp. The second phase will also involve constructing a sewer system and drilling a water well. All of this will be located away from the sight of the neighbors, and except for a short period of traffic and noise during the setup, it should have no effect on them.

How does your proposal address potential undue nuisance or hazard to pedestrians or vehicular traffic?

The traffic on Massasecum Ave. will only increase four times a week during 3 summer months, when my guests will be arriving and leaving the camp. For the rest of the time, they will remain on the property. I am planning on providing hiking trails on the property as well, which will not increase the current pedestrian traffic.

What provisions have been made for sanitary facilities?

At the first stage of the business development, I am planning on using the already existing bathroom with water and sewer set up at the RV. I am planning on providing an outdoor toilet with a biodegradable system, and a shower with water from the shallow well already in place, and dry well drainage for disposal of gray water. I am planning on constructing a handicap bathroom with a toilet and shower. This bathroom would have water supplied by the brook and drainage of gray water into a dry well. The toilet would be a biodegradable composting toilet.

The second phase would have a septic system and drilled well in place to accommodate the sanitary facilities and provide access to water. 

What facilities will be provided for parking and utilities to ensure the proper use of the structure?

There will be off-street parking provided in the already cleared area created by the logging. The open area is approximately one acre large.

How is this proposal consistent with the spirit of the Zoning Ordinance and the intent of the Master Plan?

The proposed business is in alignment with the spirit of Bradford’s Zoning Ordinance and the intent of the Master Plan. The main attraction of the proposed business is its rural charm and connection to nature. The goal is to incorporate temporary dwelling units into the natural environment with minimal disturbance to the surroundings. The remaining space will be used for the purpose of providing tranquility and focusing on preserving and showcasing the natural beauty of the land to the guests.

Additionally, the business plan is to open workshops to the Bradford community, providing creative and recreational opportunities close to home.

End of attachment