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ZBA delays Marsh property hearing, seeks lawyer’s guidance on jurisdiction and junkyard status
Summary
The ZBA postponed the Marsh property site visit and will seek attorney Chris Boldt’s advice on whether the case is a special exception or should be referred to the Planning Board; the applicant gave approximate building dimensions and the Select Board liaison said a change in use would remove a junkyard classification.
The Town of Temple Zoning Board of Adjustment deferred further action on the Marsh property and will seek legal guidance before scheduling a site visit or hearing.
Board members noted a December site visit had been canceled for health reasons and asked for clarification about whether the application falls under the ZBA’s authority and whether it constitutes a special exception. Emily Sliviak said she will contact attorney Chris Boldt with the board’s questions; Ken Caisse, the Select Board liaison, said he will also ask counsel which route the case should follow — a ZBA hearing or referral to the Planning Board.
Richard Redding raised concerns about the size of the proposed buildings and cited RSA 236:113 in relation to the proposals. Alan Marsh, representing the Marsh property matter, provided approximate dimensions for two proposed buildings: one 40 by 80 feet (about 2,200 square feet) and one 80 by 165 feet (about 13,000 square feet). When asked whether a proposed building would be within 500 feet of the old schoolhouse-turned-residence, Marsh said he could move the building further from the house.
Redding also asked whether the site had been ruled a junkyard. Ken Caisse responded that because the application is a change in use, it would make the property not be classified as a junkyard for the purposes of the application processing.
The board did not take a formal vote on the Marsh case at the meeting. Next steps are to collect specific legal advice from counsel and reconvene to determine whether to schedule a site walk or hearing and to issue required public notices.
