Claremont
The decision, which can be appealed in the next 30 days, came with several of conditions.
“The conditions are there and we will have to live with them,” said Jim Ambrose, one of the speedway owners, after the nearly two-hour meeting where the board discussed the application without public comment, the period for which was closed at the board’s meeting in September.
The next step for the applicants is to obtain site plan approval from the Planning Board, but Ambrose said he was not sure when that would be.
The process to approve the variance included voting individually on five different criteria after a motion was made to approve the variance with the stated conditions.
City Planning Mike McCrory said if a board member were to vote “no” on any one of the criteria, it effectively means he or she is voting “no” on the variance.
A majority found the applicant had exercised good judgment and made a number of changes in the application in response to residents’ opposition.
Throughout the process, the applicants were willing to “accommodate abutters,” board Chairman Mike Hurd said.
Board member Tracy Pope voted against all five criteria, and Carolyn Towle voted against one, so they became the two “no” votes against the variance. Hurd and members Abigail Carman and Richard Collins voted in favor of all the criteria, including the potential effect on property values, public interest and spirit of the ordinance.
“I don’t think the spirit of the ordinance is being observed,” Pope said. “We are adding a second, non-conforming use in a rural residential area. That is not in the spirit of the ordinance.”
But Carmen thought the campground would be low impact and that steps were taken to address safety concerns.
“In the grand scheme of things, it is not outside the spirit of the ordinance,” Carman said.
Pope argued the campground certainly would diminish surrounding property values. During testimony, two Realtors presented opposite opinions with one saying property values would not decrease and the other saying they would.
“The applicant has done everything in their power to make the whole thing aesthetically pleasing,” Towle said. “I think values would be maintained or even increase.”
Hurd also didn’t believe surrounding properties would decrease in value.
The final criteria, whether denying the variance would cause undue hardship for the applicant, passed, 4-1.
The decision ends a process that began in July and included a site visit by the ZBA and comments at public hearings from abutters who said noise, traffic, diminished property values and safety were their chief concerns.
The conditions in the variance approval include a requirement that the campground be hooked to city water, a full-time manager live on site during the season, campers be allowed to remove their camper and bring it back only once during the season, any change in use from a seasonal campground requires ZBA and Planning Board approval and all local, state and federal permits must be obtained before any work is started. No race car components of any kind, including cars or parts, are allowed in the campground, and the fencing on the property must restrict access to areas on the property and prevent trespassing on neighboring properties.
The variance was required because a campground is not a permitted use in the rural residential zone.
Patrick O’Grady can be reached at pogclmt@gmail.com.
