DUNBARTON ZONING BOARD OF
ADJUSTMENT
TOWN OFFICES –
The regular monthly meeting of the Dunbarton Zoning Board of Adjustment was held at the above time, date and place with Chairman John Trottier presiding. The following members were present:
John Trottier, Chairman
John Herlihy, Vice Chairman
Alison Vallieres, Secretary
Gertrude Dulude
Ron Slocum, Alternate
Dan DalPra, Alternate
Kenneth Swayze, Admin., Building
and Zoning Department
The
Chairman verified with the Secretary that the meeting notice had been posted in
three public places throughout the Town and published in the Concord Monitor
for one day. In addition, the public
notice had appeared on the Dunbarton Web Page.
MOTION:
A motion was made by John Herlihy that the Dunbarton Zoning Board of Adjustment approve the minutes as written of the Monday, September 13, 2004 meeting. The motion was seconded by Gertrude Dulude. The motion passed unanimously.
7:00 P. M. – CONTINUED PUBLIC HEARING REGARDING A REQUEST FOR A VARIANCE TO ARTICLE 4. SECTION B. OF THE DUNBARTON ZONING ORDINANCE FROM BETH AND LEONARD LEMARCA (J2-1- 1 & 2) TO ALLOW THEM TO RE-CONFIGURE TWO NON-CONFORMING LOTS MORE EQUALLY. THESE LOTS ARE LOCATED ON 30 & 32 JEWETT ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH . (ONE LOT CURRENTLY DOES NOT MEET THE REQUIRED 300 FEET OF FRONTAGE. THE SECOND LOT DOES NOT MEET THE FRONTAGE REQUIREMENT OR THE AREA REQUIREMENT OF FIVE ACRES. BY ADJUSTING THE LOT LINES, THE SMALLER LOT WILL EXCEED THE MINIMUM STANDARDS REQUIRED BY THE NH DEPARTMENT OF ENVIRONMENTAL SERVICES SUBSURFACE DIVISION. BOTH LOTS WILL NOT MEET THE REQUIRED FRONTAGE OR AREA REQUIRED BY THE DUNBARTON LOW DENSITY DISTRICT)
Leonard
Lemarca and Jacques Belanger, Surveyor, appeared before the Board regarding the
request for approval to proceed with a Lot Line Adjustment. They presented a plan showing the proposed
lot line adjustment.
Jacques
Belanger, Surveyor, stated they had applied to the Department of Environmental
Services for a pond as requested by the Zoning Board at the last meeting.
In
addition, Jacques Belanger, presented a copy of the septic plan approval for
the existing home. It was completed by
Jeff Evans, Septic Designer. The septic
system was based on a three bedroom house.
At this point Mr. Lemarca stated that their home presently only had two
bedrooms.
Mr.
Lemarca stated that the second lot was broken off from the main house in 1970
when there was one acre zoning, etc.
Both lots presently have non-conforming frontage.
Jacques
Belanger stated that both lots after the proposed lot line adjustment would
exceed the State Lot Size Standard. Both
lots are now non-conforming and both lots would still be non-conforming after
the proposed lot line adjustment. The
lots would be more equal in size and the lot line adjustment would allow for
the Lemarca’s to own the property directly behind their home.
Jacques
Belanger stated that the lots abut Old Fort Estates development where the lots
are 2.5 acres, etc. and the proposed lots would be equal in size to others in
the area.
Abutters
were read as follows and noted that all had been notified by certified mail:
James/Diane
Ritcher – Not Present
Stig/Priscilla
Harding – Not Present
Eric/Carolyn
Hemphill – Not Present
Kathleen
Hoell Downes/Frances Howell – Not Present
George
Patterson – Not Present
Richard/Barbara
Brown – Present. Stated that he felt the
Lemarca’s should be able to own the land in the back of them. No other comments.
Arthur
Martel – Not Present
Town
of Dunbarton – Not Present
J.
E. Belanger Land Surveying – Present (representing the applicant)
The Chairman stated the following members would be voting this evening.
John Trottier
John Herlihy
Alison Vallieres
Gertrude Dulude
Ron Slocum, Alternate for David Nault who was absent
Jacques
Belanger, Surveyor, addressed the questions necessary for the granting of a
Variance as follows:
a.
No diminution in values of surrounding properties
would be suffered;
Answer: The two lots give the appearance from
maintenance that they are both rectangular and run to the tree line, the actual
enlarging of one lot and reduction of area of the second does not affect the
appearance or density of the neighborhood.
b. Granting the variance would be of benefit to the public interest;
Answer: By granting the variance, there would be two
non-conforming lots, but they would be more equally balanced.
c. Denial of the variance would result in unnecessary hardship to the owner seeking it;
Answer: The tract was originally subdivided into a
conforming lot and eventually sold to the Lemarca’s. They have waited for the abutting tract to
come on the market to have the opportunity to “square up” the lot, and increase
their back yard and keep that area undeveloped.
d. Granting the variance would do substantial justice; and
Answer: By granting the variance, the Lemarca’s can
protect the back area from development and ensure their privacy.
e. The use would not be contrary to the spirit of the Ordinance.
Answer: As stated above, this variance for the lot
size does not increase the density of the neighborhood.
Discussion from the Board:
Ron
Slocum stated he did not have a problem with the request for a Variance. It makes the two lots more equal in size and
the home lot would be more marketable in the future.
John
Trottier stated that he did not have a problem with the granting of the
Variance.
Dan
DalPra stated that the lot line adjustment would protect the lot in the future.
Alison
Vallieres stated that she felt it makes more sense that the lots should be
equal than the present situation.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Variance to Article 4. Section B. of the Dunbarton Zoning Ordinance from Beth and Leonard Lemarca (J2-1-1 & 2) to allow them to re-configure two non-conforming lots more equally by adjusting the lot lines pending Planning Board Approval. These lots are located on 30 and 32 Jewett Road in the Low Density District in Dunbarton, NH. Alison Vallieres seconded the motion. The motion passed unanimously.
PUBLIC HEARING REGARDING A REQUEST FOR A VARIANCE AND A SPECIAL EXCEPTION FROM BETH AND LEONARD LEMARCA (J2-1-1) TO ARTICLE 4. SECTION B. TO ALLOW THEM TO CONTINUE THE USE OF AN APARTMENT IN A DETACHED GARAGE WITH LESS THAN THE REQUIRED ACREAGE AT THEIR PROPERTY LOCATED ON 30 JEWETT ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Leonard Lemarca and Jacques Belanger, Surveyor,
appeared before the Board regarding the request for the Variance and Special
Exception to allow them to continue the use of the existing apartment at the
Lemarca property.
Mr. Lemarca stated they would do whatever was
necessary. He stated the apartment was
originally built for his step sone for when he came home from the Marine Corp
but this did not happen. They ended up
renting it to a friend of his whom he worked for the months of June through
October. The tenant has a home in
Florida where he lives in the winter, etc.
Everything was built to the building codes. I understand we did not go through the right
process but will make it right.
The Board noted they had reviewed the Building
Permits for the garage. There was no request
for an apartment. In addition, the
apartment would have needed ten acres.
There was no plumbing inspections, etc.
At the time the apartment was put in, the property only had one
acre. Once the Lot Line Adjustment is
final, the property will have a little over three acres. This still is considerably less than the
acreage required.
John Herlihy stated the biggest thing to him is the
acreage requirement and the fact that the apartment was put in illegally.
Jacques Belanger stated that the septic system had
been put in 1992 for the existing home.
At the time, it was a three bedroom house. The Lemarca’s presently only have two
bedrooms. The studio apartment is tied
into the existing septic system.
John Herlihy stated if the property was sold, it
could be sold as a three bedroom home with an apartment.
Ron Slocum asked what the Tax Card shows.
John Trottier stated that the studio apartment has
kitchen facilities and is self standing.
The septic requirements for a studio apartment are more than the
requirements for another bedroom.
Kenneth Swayze, Building Department, stated that
another consideration is that multi-family housing can only exist on Route 13
and Route 77. This was a recent zoning
change this year. This apartment would
not be allowed under today’s ordinance.
Jacques Belanger, Surveyor, stated that the septic
load from both the apartment and the three bedroom home are slightly over the
State requirements. The State considers
275 gallons per day for an apartment plus 150 gallons per day per bedroom for
the home. The existing system is based
on 725 gallons per day.
Alison Vallieres asked the applicant if they had
considered an Accessory Apartment which would not be a rental unit. This would allow for family members to live
in the apartment. The problem occurs
when the apartment becomes a rental unit.
The Board has already set a precedent when they denied the request for
an apartment from David Nault which was a similar situation.
Abutters were read as follows and noted that all had
been notified by certified mail:
James and Diane Ritcher – Not Present
Stig and Priscilla Harding – Not Present
Eric and Carolyn Hemphill – Not Present
Kathleen Hoell Downes and Frances Hoell – Not
Present
George Patterson – Not Present
Richard and Barbara Brown – Present. No comments
Arthur Martel – Not Present
Town of Dunbarton –
Building Department present
J. E. Belanger Surveying – Present (representing the
applicants)
At this point in the meeting, Leonard Lemarca stated that he would probably not be able to be at the next meeting because he works nights. Presently, he is off from work because his wife had a heart attack. He stated he does not want her to be attending the meeting. Asked if it would be alright if Jacques Belanger represented him. The Board agreed that this would be alright if he gave Jacques Belanger a letter of authorization.
Jacques Belanger addressed the requirements for the
granting of a Variance as follows:
a. No diminution in values of surrounding properties would be suffered;
Answer: The two buildings already exist. The garage was built to complement the
existing barn and for storage. There
will be no diminution in value of surrounding properties.
b. Granting the variance would be of benefit to the public interest;
Answer: There will be an increase in property value
and it will increase the tax base for the Town.
c. Denial of the variance would result in unnecessary hardship to the owner seeking it;
Answer: Currently, the building is built with the
apartment upstairs. It will become
finished dead space if denied.
d. Granting the variance would do substantial justice; and
Answer: There will be an increase in property values
of the whole neighborhood and more tax revenue to the Town.
e. The use would not be contrary to the spirit of the Ordinance.
Answer: The existing apartment is still set up in a
private situation. Looks like a garage from the road.
Jacques
Belanger, Surveyor, addressed the requirements for a Special Exception as follows:
a.
No detriment to property values in the vicinity
of the proposed development will result on account of: the location or scale of buildings,
structures, parking areas or other accessways; the emission of odors, smoke,
gas, dust, noise, glare, heat, vibration, or other pollutants; or the unsightly
outdoor storage of equipment, vehicles or other materials.
Answer: The existing structure was built to
complement the home and barn. The
apartment is upstairs and to the rear of the building.
b. No hazard will be caused to the public or adjacent property on account of potential fire, explosion or release of toxic materials.
Answer: Being a residential structure, there will be
no hazard caused to the public.
c. No creation of a traffic safety hazard or substantial traffic congestion in the vicinity of the proposed development.
Answer: This is a one bedroom apartment. The increase to the traffic is that only
associated with the additional residence.
d. No excessive demand on municipal services and facilities, including, but not limited to waste disposal, police and fire protection and schools.
Answer: The apartment is set up to be
self-maintaining and not demanding on town services.
e. The proposed use will not result in the degradation of existing surface and groundwater water quality standards, nor will it have adverse effects on the natural functions of wetlands on the site which would result in the loss of significant habitat or flood control protection.
Answer: The unit is tied into the existing septic
system which is designed for a three bedroom home. There is only one person occupying the
apartment. The building is open to the
rear and does not show from the street side.
f. In addition to the standards specified above, special exceptions may be subject to appropriate conditions including the following:
(1) Front, side, or rear yards in excess of the minimum requirements of the Ordinance;
Answer: Set backs are exceeded.
(2) Screening of the premises from the street or adjacent property by walls, fences, or other devices;
Answer: Hedges have been planted along the street
line for screening.
(3) Limitations on the size of buildings and other structures more stringent than minimum or maximum requirements of this Ordinance;
Answer: The building is existing, opened to the rear,
the street face does not show the apartment.
(4) Limitations on the number of occupants and methods and times of operation;
Answer: The apartment is a one bedroom apartment.
(5) Regulation of the design and location of access drives, sidewalks, and other traffic features.
Answer: Not applicable.
(6) Location and amount of parking and loading spaces in excess of existing standards;
Answer: Parking available for two cars.
(7) Regulation of the number, size and lighting of signs in excess of existing standards.
Answer: Not applicable.
There being no further
public comment, the public hearing was closed.
Board Discussion:
John
Trottier stated his biggest concern was the acreage. The Town’s people have agreed what the minimum
lot size should be. The acreage should
be ten acres. As far as he is concerned,
this does not meet the spirit of the Ordinance.
Dan
DalPra stated that the property is not even zoned for this use. It was built under different circumstances
and eventually evolved into an apartment.
John
Herlihy stated the apartment was constructed and designed so it couldn’t be
seen from the road. It was put there
illegally.
Gertrude
Dulude stated the garage was never approved to have an apartment in it.
Ron
Slocum stated they never had a permit for the second story use. Wasn’t given a building permit by the
Building Inspector. All it is is a
garage.
John
Herlihy stated that it is technically only a garage for vehicle storage. There is nothing in the permits that
indicated there was going to be an apartment there. Ignorance of the law is no excuse. This happens time and time again.
Ron
Slocum stated if they had applied for a permit, the Building Department would
have denied it and they would have to apply for a Variance and Special
Exception.
Gertrude
Dulude stated the Board has heard her many complaints about a garage which was
granted to have living space, etc.
The Board noted they only have to act on the Request for a Variance if they choose to deny the Variance. The request for the Special Exception would be null and void.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment deny the request for a Variance to Article 4. Section B. to allow Beth and Leonard Lemarca (J2-1-1) to continue the use of an apartment in a detached garage with less than the required acreage at their property located on 30 Jewett Road in the Low Density District in Dunbarton, NH because the applicant has not proven undue hardship. John Trottier seconded the motion. The motion passed unanimously.
CONTINUED PUBLIC HEARING - REQUEST FOR A VARIANCE TO ARTICLE 4. SECTION B. OF THE DUNBARTON ZONING ORDINANCE FROM JOYCE RYAN AND ROBERT T. LEONARD (K1-03-10 K1-03-11) TO ALLOW THEM TO REPAIR AN EXISTING SEPTIC SYSTEM CLOSER THAN THE REQUIRED 50 FEET FROM THE BOUNDARY AT THEIR PROPERTY AND A SECOND REQUEST FOR A VARIANCE TO ARTICLE 5. SECTION D. FROM JOYCE RYAN AND ROBERT T. LEONARD TO ALLOW THEM TO REPAIR AN EXISTING SEPTIC SYSTEM WITHIN THE WETLANDS CONSERVATION DISTRICT AT PROPERTY LOCATED ON HOLIDAY SHORE DRIVE IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Robert Leonard, Joyce Ryan and Septic Designer Tom
Wilson appeared before the Board.
The
applicants stated they had hired Peter Schauer, Certified Wetlands Scientist,
to flag the Wetland Conservation District as requested by the Board at the last
meeting. (attached letter) At this point, Tom Wilson, Septic Designer,
stated he did not agree with the Wetlands as determined by Peter Schauer. John Trottier, Chairman, stated that as far
as he was concerned, Peter Schauer was a Certified Wetlands Scientist and would
take his word as correct. If Tom Wilson
decided to argue the Wetlands delineation, the request would have to come back
next month with an updated or changed delineation of the wetlands, if, in fact,
Peter Schauer changed his lines.
The
applicants stated that the septic leach field was moved as far away from the
Wetlands Conservation line as possible.
In fact, the leach bed will be in the way of a huge tree which will have
to be taken down. If the field is moved
further back, it would affect about ten or twelve smaller trees which would
have to be removed.
The applicants decided to go ahead with the plan as submitted this evening and take the large tree down. The septic leach bed will be about 18 feet from Holiday Shore Drive.
Dan
DalPra asked about the existing septic tank.
The applicants stated the tank will remain. It is located partially under the deck but
they are able to access it for pumping, etc.
Abutters
were read as follow and noted that all were notified by certified mail:
Michael
Durost - Not Present
Lake
Gorham Association, Ann Merrill – Not Present
Michael
Dufor/Robin Wheeler – Not Present
Francis
Bolton/Kathleen Rhodenizer – Not Present
Patricia
Maloney – Not Present
Ramona
deRochemont – Not Present
Robert
Leonard answered the questions necessary
for the granting of a variance as follows:
a. No diminution in values of surrounding properties would be suffered;
Answer: None whatsoever.
b. Granting the variance would be of benefit to the public interest;
Answer: Yes, definitely.
c. Denial of the variance would result in unnecessary hardship to the owner seeking it;
Answer: Yes, definitely.
d. Granting the variance would do substantial justice; and
Answer: Yes it would do substantial justice.
e. The use would not be contrary to the spirit of the Ordinance
Answer: No, we are getting a septic system above
ground, and this would be for the benefit of the wetlands.
The
public hearing was closed.
Board Discussion:
John
Herlihy stated these people are coming to us and they could have put in a lower
rated system. I am in favor of granting
the Variance.
John
Trottier stated the system will be “state of the art” and there presently is a
failed system there.
Gertrude
Dulude stated the Board has no choice but to give them the best available
system.
Ron
Slocum stated he had no problem with the granting of the Variance.
Alison
Vallieres stated she felt this is an improvement. These people have a failed system and need it
fixed. Have no problem with the granting
of the Variance.
MOTION:
John Herlihy made a motion that
the Dunbarton Zoning Board of Adjustment grant the request for a
Variance to Article 4. Section B. of the Dunbarton Zoning Ordinance from Joyce
Ryan and Robert T. Leonard (K1-03-10 & K1-03-11) to allow them to repair an
existing septic system closer than the required 50 feet from the boundary at
their property and a second request for a Variance to Article 5. Section D.
from Joyce Ryan and Robert T. Leonard to allow them to repair an existing
septic system within the Wetlands Conservation District at property located on
18 Holiday Shore Drive in the Low Density District in Dunbarton, NH in
accordance with the two plans as submitted by the applicants this evening
(Boundary Plan submitted by Jacques Belanger and Septic System Design prepared
by Thomas A. Wilson, 71 Blake Road, Weare, NH 03281, Permit #379). John Trottier seconded the motion. The motion passed unanimously.
PUBLIC HEARING - REQUEST FOR AN EQUITABLE WAIVER OF THE DUNBARTON ZONING ORDINANCE FROM JASON AND BETHANEE SYVERSEN (I1-01-13) TO ALLOW THEM TO CONTINUE TO USE AND MAINTAIN AN ARTESIAN WELL LOCATED CLOSER THAN THE REQUIRED DISTANCE OF 75 FEET FROM THE BOUNDARY AT THEIR PROPERTY LOCATED ON 27 NORTH WOODS ROAD OFF ROUTE 77 IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Bethanee
Syversen appeared before the Board concerning her request for an Equitable
Waiver for a well which had been drilled at her property.
She
stated the well was 72 feet from the boundary instead of the required 75
feet. She stated that once this was
determined, she called the Well Driller and left a message that he was not to
drill the well in the spot that was marked.
The Well Driller went ahead and drilled anyway.
She
stated that she and her husband were their own contractors. She stated that Dave Dulac Contractors put in
the foundation. She stated that
according to the contractor, they do not measure well locations, they just
“eyeball them in”. She stated Shillings
and Sons were the ones who put the well in.
Kenneth
Swayze stated the State setback is 75 feet.
The possibility of contamination of this well by another septic system
is minimal. There is a waiver form which
should be signed off by Syversen. The
State will grants waivers in situations such as this.
The
Board noted this well location was not encroaching onto anyone else
property.
Abutters
were read as follows and it was noted all had been notified by certified mail:
Richard
and Judy Keefe – Not Present
Jonathan
and Katherine Daly – Not Present
John
and Sheri Kanellos – Not Present
Dennis
Filmore – Not Present
Barry
Clark – Not Present
Leonard
Mudge – Not Present
Jonathan
Preston – Not Present
Town
of Weare, Board of Selectmen – Not Present
Town
of Dunbarton – Present (Kenneth Swayze, Building Department present)
J.
E. Belanger Surveying – Present (representing the applicants)
Bethanee
Syversen stated she did not want to pay $5,000 for a new well or $20,000 to go
to court against one of the contractors
Board Discussion:
Alison
Vallieres stated that Bethanee Syversen is a victim of circumstances. She can sign a waiver for the well. The well is only three feet closer than
required. We are not talking about
twenty or thirty feet. This is not her
fault.
Ron
Slocum stated he felt this fell under the requirements of the granting of
Equitable Waivers according to the law.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request for an Equitable Waiver to Bethanee and Jason Syversen (I1-01-13)to allow them to continue to use and maintain an artesian well located 72 feet from the boundary at their property located on 27 North Woods Road off Route 77 in the Low Density District in Dunbarton, NH with the condition that they sign a waiver with the Town pertaining to the well in accordance with the Department of Environmental Services. Alison Vallieres seconded the motion. The motion passed unanimously.
PUBLIC HEARING – REQUEST FOR AN EQUITABLE WAIVER OF THE DUNBARTON ZONING ORDINANCE FROM GARY CHICOINE BUILDERS ACTING ON BEHALF OF DAVID BARKIE (C6-3-13) TO ALLOW THEM TO CONTINUE TO USE AND MAINTAIN AN ARTESIAN WELL LOCATED CLOSER THAN THE REQUIRED DISTANCE OF 75 FEET FROM THE BOUNDARY AT HIS PROPERTY LOCATED ON 58 JAY DRIVE IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Jacques
Belanger, Surveyor, appeared before the Board representing David Barkie
regarding the request for an Equitable Waiver for a well.
Jacques
Belanger stated that the lot size was 5.4 acres. He stated that as he understood the
situation, the owner moved the stake for the well not knowing the well setback
of 75 from the boundary. The owner
wanted to put in a swimming pool in the rear of the house.
The
Board requested that the owner of the property appear before the Board and
explain how this situation came about.
MOTION:
John Herlihy made a motion that the request for an Equitable Waiver of the Dunbarton Zoning Ordinance on behalf of David Barkie (C6-3-13) to allow them to continue to use and maintain an artesian well located closer than the required distance of 75 feet from the boundary at his property located on 58 Jay Drive in the Low Density District in Dunbarton, NH be continued to allow the Owner, David Barkie to be present. The motion was seconded by John Trottier. The motion passed unanimously.
PUBLIC HEARING – REQUEST FOR A VARIANCE TO ARTICLE 4. SECTION B. OF THE DUNBARTON ZONING ORDINANCE FROM DIPIETRO HOMES/MANSION HEIGHTS (G2-5-15) TO ALLOW THEM TO USE AND MAINTAIN AN EXISTING WELL CLOSER THAN THE REQUIRED DISTANCE OF 75 FEET FROM THE BOUNDARY AT THEIR PROPERTY LOCATED ON MANSION ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Jacques
Belanger, Surveyor, appeared before the Board on behalf of DiPietro Homes.
(Letter of authorization attached)
Jacques
Belanger stated that the applicants lost their original road access located by
the Dunbarton Town Forest. They then
purchased the former Marino property for access and the well was already on the
Marino Property. Once the access road
was built, the well was within the setbacks from the new road. They had the option of sacrificing the well
or seeking a Variance. This is the
reason we are here tonight. We are
seeking the Variance.
Kenneth
Swayze noted that when the subdivision approval was granted, the Planning Board
and the applicant were aware that the well would have to be relocated,
etc.
Abutters
were read as follows and noted that all had been notified by certified mail:
Dennis
Forcier – Not Present
Ellie
Stein – Not Present
Michel
Belanger – Not Present
Janice
Boynton – Not Present
Louis
and Debra Marcou – Not Present
James
and Sandra White – Not Present
Sylvia
Bowman – Not Present
J.
E. Belanger Surveying – Present (Representing the applicants)
Jacques
Belanger answered the questions necessary for the granting of a Variance as
follows:
a. No diminution in values of surrounding properties would be suffered;
Answer:
There is only boundary that is encroached on the right of way of Stinson
Road.
b. Granting the variance would be of benefit to the public interest;
Answer: By granting the Variance, there would not be
the need to drill a second well into the aquifer.
c. Denial of the variance would result in unnecessary hardship to the owner seeking it;
Answer:
Most towns do not have a 75 foot well setback.
NH DES requires a 75 foot setback, but offers the opportunity to waive
the setback and hold the State harmless.
The existing well meets the required 75 feet separation from the
proposed on-site septic. The drilling of
a second conforming well would be disruptive to the existing site.
d. Granting the variance would do substantial justice; and
Answer: Again, the well exists and its present
location exceeds the State’s requirements.
e. The use would not be contrary to the spirit of the Ordinance.
Answer: The spirit of the ordinance is to maintain a
rural character. The location of the
well is irrelevant to the development of the Town.
Kenneth
Swayze asked if they have considered casing.
Jacque Belanger stated it would require a larger casing than is there
now.
The
public hearing was closed.
Board Discussion:
Ron Slocum stated this would allow for more of a
possible contamination of the well.
Dan
DalPra asked how can you create a non-conforming use and then have it be okay?
John
Trottier stated he did not see where there is a hardship or a benefit to the
public. Stated he thought we should
support our fellow Board and support the Ordinance.
John
Herlihy stated he could see it if there was a problem and there was no place on
the lot to put a well. Don’t feel it
would be beneficial to the Town.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment deny the request for a Variance to Article 4. Section B. of the Dunbarton Zoning Ordinance from Dipietro Homes/Mansion Heights (G2-5-15) to allow them to use and maintain an existing well closer than the required distance of 75 feet from the boundary at their property located on Mansion Road in the Low Density District in Dunbarton, NH and furthermore that the old well be sealed and grouted and the top of the casing be cut down to ground level and that the well not be used in the future. The reason for the denial is there is no benefit to the public nor is there any hardship. John Trottier seconded the motion. The motion passed unanimously.
The Board noted there is no benefit to the public and that a new well should be dug.
PUBLIC HEARING – REQUEST FOR AN EQUITABLE WAIVER OF THE DUNBARTON ZONING ORDINANCE FROM FRED DION (E3-2-51) TO ALLOW HIM TO USE AND MAINTAIN AN EXISTING WELL CLOSER THAN THE REQUIRED DISTANCE OF 75 FEET FROM THE BOUNDARY AT THEIR PROPERTY LOCATED ON TUCKER HILL ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Jacques Belanger, Surveyor, appeared before the
Board.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment continue the public hearing for the Equitable Waiver of the Dunbarton Zoning Ordinance from Fred Dion (E3-2-51) to allow him to use and maintain an existing well closer than the required distance of 75 feet from the boundary at their property located on Tucker Hill Road in the Low Density District in Dunbarton, NH. John Trottier seconded the motion. The motion passed unanimously.
PUBLIC HEARING – REQUEST FOR A VARIANCE TO ARTICLE 4. SECTION B. OF THE DUNBARTON ZONING ORDINANCE FROM CARL MITCHELL (E3-2-50) TO ALLOW FOR THE EFFLUENT LINE BETWEEN A PROPOSED SEPTIC TANK AND THE PROPOSED LEACH FIELD TO BE WITHIN THE REQUIRED 50 FOOT SETBACK LINE AT HIS PROPERTY LOCATED ON TUCKER HILL ROAD IN THE MEDIUM DENSITY DISTRICT IN DUNBARTON, NH (THE TANK AND FIELD WILL MEET THE REQUIRED 50 FOOT SETBACKS, THE EFFLUENT LINE WILL ENCROACH TO AVOID A WETLAND IMPACT).
Carl
Mitchell, Owner, and Jacques Belanger, Surveyor, appeared before the Board
regarding the request for a Variance for the Effluent Line at Mr. Mitchell property
on Tucker Road.
Jacques
Belanger presented a plan showing the property.
Because of view easements which were added to the property at the last
minute, it creates a problem with the location of the house and septic system,
etc. The effluent lines to the leach
field would have to go through the wetlands unless the Variance were
granted. He stated the Department of
Environmental Services does not want line going through the wetlands. This is the reason for the request for the
Variance.
Dan
DalPra asked what the process would be for going through the wetlands. Are there options to avoid the
wetlands.
Jacques
Belanger stated the Wetlands Board does not want us to go through the wetlands
when it can be relocated. The view
easements were put on by the developer at the last minute.
Jacques
Belanger stated the effluent pipes will be encased in concrete the same as if
they were crossing a wetland.
Dan
DalPra asked about the possibility of double walled requirements for the
pipelines.
Jacques
Belanger stated he had done a good design.
There are clean outs every 100 feet that are required.
Abutters
were read as follows and noted that all had been notified by certified mail:
Fred
Dion – Not Present
Stillwater
Properties – Not Present
M.
Kristen Johnson – Not Present
Town
of Dunbarton – Present (Kenneth Swayze, Building Department present)
J.
E. Belanger Surveying – Present (Representing the applicant)
Jacques
Belanger, Surveyor, answered the questions necessary for the granting of a Variance
as follows:
a. No diminution in values of surrounding properties would be suffered;
Answer:
Typically, towns do not have a septic setback and the State of NH DES setback
of 10 feet is adhered to. The effluent
is a tight pipe, gravity fed to the field.
Once in place, it is out of sight.
b. Granting the variance would be of benefit to the public interest;
Answer: By granting the Variance, there would not be
the need to try to cross a wetland.
c. Denial of the variance would result in unnecessary hardship to the owner seeking it;
Answer:
Denying the Variance would require an application to the NH DES Wetlands Board
and end up being a more costly complicated design to install.
d. Granting the variance would do substantial justice; and
Answer: The proposed design only requires the
effluent line to be within the setbacks.
Once in place, it should be maintenance free and disturbance should be
unnecessary.
e. The use would not be contrary to the spirit of the Ordinance.
Answer: The spirit of the Ordinance is to maintain a
rural character. The location of the
effluent line would be less intrusive than impacting the wetlands.
Board Discussion:
Dan
DalPra stated the pipes should be something heavier than regular. Should be a better quality system.
Kenneth
Swayze suggested requiring a double wall pipe, such as Schedule 40 pipe inside
of Schedule 80 pipe. The Board agreed
with this suggestion.
John
Trottier agreed.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Variance to Article 4. Section B. of the Dunbarton Zoning Ordinance from Carl Mitchell (E3-2-50) to allow for the effluent line between a proposed septic tank and the proposed leach field to be within the required 50 foot setback line at his property located on Tucker Hill Road in the Medium Density District in Dunbarton, NH subject to the condition that the pipe that runs through the setback be Schedule 40 pipe within Schedule 80 pipe to create a double wall setup in addition to the additional concrete work that is shown on the plan. John Trottier seconded the motion. The motion passed unanimously.
OTHER BUSINESS:
Robert Donnelly and Marie St.
Pierre – Ice Cream Business
Robert
Donnelly and Marie St. Pierre appeared before the Board along with Jacques
Belanger, Surveyor. They stated they
were considering applying for a Special Exception to run an Ice Cream Seasonal
Business on their property on Stark Lane.
They live in the former Purselly House.
They would like to do it on a smaller scale but similar operation as
Beech Hill in Hopkinton.
They
would be making their own ice cream on the premises. This would be a seasonal operation.
The
Board advised them to apply for a Special Exception and present a plan showing
what they would be proposing to do. They
should include parking spaces, etc.
Should note what signs they would be requiring. They should address traffic issues, etc.
There
being no further business, the meeting adjourned at 10:00 p.m.
Respectfully
submitted,
Alison
R. Vallieres
Secretary