DUNBARTON ZONING BOARD OF
ADJUSTMENT
MONDAY, AUGUST 13, 2001
TOWN OFFICES – 7:00 P.M.
The Dunbarton Zoning Board of Adjustment held its regular monthly meeting at the above time, date and place with Chairman Terry Swain presiding. The following members were present:
Terry Swain, Chairman
John Trottier, Vice Chairman
Alison Vallieres, Secretary
Gertrude Dulude
John Herlihy
John Van, Alternate
Scott Ives, Alternate (arrived at
7:30 p.m.)
David Nault, Alternate (arrived
at 7:40 p.m.)
Bruce Vaal, Building Inspector
The
Chairman verified with the Secretary that the meeting had been posted in a
timely fashion according to law and that it had been posted in three places
throughout the Town and published in the Concord Monitor for one day.
The minutes of the previous meeting of July 9, 2001 were approved as written with a motion to accept the minutes as written from John Herlihy, seconded by John Van and passed unanimously.
At
this point in the meeting, Terry Swain, Chairman, announced that the Public
Hearings for a Special Exception from James Bivona to allow him to construct a
detached garage with an in-law apartment above on his property at Armand’s Way
and the Public Hearing for the Expanded Special Exception from Arbutus Farm
will not be heard this evening. James
Bivona will be on the agenda for September and Arbutus Farm will be scheduled
for October at the applicant’s request.
7:00
p.m. – CONTINUED PUBLIC HEARING FOR REQUEST FROM LOUIS J. PICHETTE FOR A
VARIANCE TO ARTICLE 4, SECTION B. OF THE DUNBARTON ZONING ORDINANCE TO ALLOW
HIM TO REPLACE AN EXISTING LEACH FIELD AND WAIVE THE 50 FOOT SETBACK
REQUIREMENT BECAUSE THE LOT WIDTH OF 100 FEET AT HIS PROPERTY ON 14 GARY ROAD
AT GORHAM POND IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Jacques Belanger, Surveyor,
appeared before the Board on behalf of Louis Pichettte.
The Board did not proceed with the public hearing
because Jacques Belanger did not have a letter of authorization for him to act
on Louis Pichette’s behalf. The Public
Hearing will be continued until next month.
7:15 p.m. – PUBLIC HEARING FOR A REQUEST FOR A VARIANCE TO ARTICLE 4, SECTION B OF THE DUNBARTON ZONING ORDINANCE FROM KENNETH AND CAROL LYNCH TO ALLOW THEM TO REPLACE AN EXISTING FAILED SEPTIC SYSTEM WITHIN THE 50 FOOT SETBACK TO THE FRONT, SIDE AND REAR PROPERTY LINES AT THEIR PROPERTY ON 9 KAREN ROAD AT GORHAM POND IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Ken Lynch and his Septic System Designer, Robert C. Wike, N. H. Septic and Site Service, appeared before the Board.
Mr. Wike presented a letter to the Board from the
John Swindlehurst, Health Officer, stating that the septic system had failed
and should be replaced as soon as possible.
(attached)
Robert Wike presented a plan showing the location of
the proposed system in relation to the lot.
He noted that a well which had been installed in 1998 on the Laurette’s
property fell within the protective radius of the proposed septic system.
Mr. Wike stated that the system would be an
Enviro-Septic System which would include a larger septic tank (1390 gallons)
and a pump which would be within the septic tank.
Mr. Wike stated they would need Wetlands waivers for
the culvert and wetlands. He stated he
needed the approval from the Town before he could proceed with the Wetlands
approvals.
Mr. Wike stated the size of the lot is 178’ x 100’ x
207’.
Mr. Wike stated that he had placed the proposed
septic system with the maximum setback to water. The proposed system is a three bedroom system.
Mr. Lynch stated that the present system had been a
“repair to system” done in 1990 and this would be a total replacement of the
existing system.
Mr. Wike noted that the existing system is presently
closer to the lot line than the proposed new system. He stated that the existing system is long and narrow whereas the
proposed system is more square.
Mr. Wike stated that the Laurette well should not
have infringed upon another’s lot by no more than 10 feet into the property
line.
Mr. Lynch stated that his house had a 5 foot crawl
space with a 3 foot crawl space under a portion of the house. They will maintain the necessary 10 feet
from the foundation.
At this point, Mr. Wike explained that the proposed
system would not be built up into mounds like surrounding systems. He stated that the seasonal high water table
was at 60 inches but that because the area included fill from another source,
this fill would be completely removed and replaced with new clean material. The system would be built at 48” below grade
thereby only extending less than a foot above ground.
Abutters were read as follows and noted that all had
been notified by certified mail:
Rex and Barbara Larhette – Not Present
Beryle Leggett – Not Present
David/Denise Kremidas – Present, stated that he had
a wetlands scientist opinion on the situation and doesn’t understand why Ken
Lynch can have a septic system with no mound whereas all the surrounding ones
have mounds. How are these people
getting no mounds.
The Board noted that test pits were done and the
system will be built starting at a lower grade by removing the “fill”.
At this point in the discussion, Robert Wike drew a
diagram showing how the system would be installed. It will end up with less than a foot mound because of the terrain.
Peter Pacik/Janet Piar – Not Present
Mary Ann Robinson – Not Present
Lori Desmarais – Mark Desmarais present on her
behalf. Asked if the dimensions on the
plot plan were done by a licensed surveyor.
Stated that based on problems in the past about boundaries in the
general area, the Board should require the plan be done by a Licensed
Surveyor. Stated that the Johnson house
clearly sticks out 15’ to the road.
Should take a good look at the stakes and the septic system and the
proposed system is within the Town right of way. I think a survey should be done actually where the lot is and
where the existing system is located.
Members of the public:
Lou Costa – Stated that the whole Gorham Pond Area has a lot
of problems. No matter what we do, we
need a Variance. I feel it is time
someone on this Board looked into obtaining a Government Grant for a Sewage
Plant for the Gorham Pond area. People
come to this Board with hardships to replace septic systems. Systems are built up four and five feet in
the air. There are lots where 100% of
the property cannot be used. Should
look into a Government Grant because of Extreme Hardship. We can’t even look out to see the lake
because of mounds. At one time, this
was pristine property. I understand other
people have got grants for sewage treatment plants. It is high time we look into this.
Terry Swain – Stated that the Home Owners in the Gorham Pond
Area should get together through the Association and approach the Selectmen of
the Town to look into the Government Grant process.
Ken Lynch – Stated that meantime maybe the Board could
consider requiring Enviro Systems such as this which do not have a large mound
and would only be raised no higher than 12 inches. Not like 5 or 6 feet like the Kremidas system.
Ann Merrill, Lake Gorham Association - Stated that the Lake Gorham Association has no authority other
than over the two beaches and the playground area at Gorham Pond.
David Kremidas -
Asked where his well is in relation to the Lynch proposed septic system.
At this point, Robert Wike, NH Septic Service, answered the questions necessary for the granting of a Variance as follows:
The present system is an existing failed
system. Replacing the system would only
be an improvement.
Again, being a failed system, there is the potential
for a health hazard. We are correcting
the problem. This is definitely in the
public interest.
If the variance is denied, the homeowner cannot replace his failed system. This would definitely be a hardship to the owner.
It is a failed septic system and replacement of it would do justice for the homeowner.
The use would not be contrary to the spirit of the
ordinance because there is no way possible to meet the setbacks. The ordinance is designed for the public
welfare and we are replacing a failed system.
At this point, Terry Swain noted the following
members would be voting on the Lynch application:
Terry
Swain
Alison
Vallieres
John
Trottier
Gertrude
Dulude
John
Herlihy
Discussion:
Terry Swain – Noted that the existing system has failed and
needs to be replaced. Have a letter
from the Health Officer stating that the system needs to be replaced. The proposed system will only be 12 – 15
inches above grade, and I would certainly vote in favor of granting this
Variance.
John Trottier – Stated that the Board has had discussions in the
past about the problems at Gorham Pond but we cannot appropriate money. Stated he would have a problem in denying
this request for a Variance because it is a failed system. He would vote in favor of granting the
Variance.
Gertrude Dulude – The need is here and we need to correct
the problem. In favor of granting the
Variance.
Alison Vallieres – Stated she felt that people who have a
failed system should be allowed to replace it.
In favor of granting the Variance.
John Herlihy – Stated he would in favor of granting 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 Kenneth and Carol Lynch to allow them to
replace an existing failed septic system no closer than 14 feet from the
westerly boundary at their property on 9 Karen Road in the Low Density District
in Dunbarton, NH . The motion was
seconded by John Trottier and passed unanimously.
The public hearing was closed.
7:45 p.m. – PUBLIC HEARING FOR A REQUEST FOR A
VARIANCE TO ARTICLE 4, SECTION B OF THE DUNBARTON ZONING ORDINANCE FROM ROBERT
DEMERS TO ALLOW HIM TO CONSTRUCT A GARAGE ADJACENT TO HIS EXISTING RESIDENCE
CLOSER THAN THE REQUIRED 50 FOOT SETBACK AT HIS PROPERTY ON HOLIDAY SHORE DRIVE
AT GORHAM POND IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Robert Demers and Mike Dahlberg, Licensed Surveyor, appeared before the Board and presented a plan showing the proposed garage. Mr. Dahlberg noted that the lot that had been purchased from the Town was not being built upon. (The Town sold the lot to abutters of properties with the understanding that no other structures would be built on them.) The lot was annexed to the original lot.
Mike Dahlberg presented a copy of the letter which was sent from the Town regarding the additional lot. (attached)
Mr. Dahlberg stated that the proposed garage would
be located on K1-4-17 which is the original lot and not the additional lot
purchased from the Town.
Mr. Dahlberg stated that the original deed from
Great Northern Realty in 1955 listed required setbacks of 27 feet from the Park
Association property, and 20 feet from adjacent buildings and 15 feet from the
lot lines. He noted that Great Northern
Realty never enforced these setbacks.
M. Dahlberg stated that Mr. Demers would be tearing
down an existing shed which is 8’ x 16’ and replacing it with a 24’ x 24’
garage. The existing shed is closer to
the boundary than the proposed garage will be.
He stated that the lot is only 75 feet wide and it is impossible to meet
the 50 foot setback.
Mr. Demers stated that he needed a place to store
his work tools and vehicles.
M. Dahlberg stated the existing shed which will be
removed is presently only 6 or 7 feet from the lot line.
M. Dahlberg stated the Community Well is in the back
of the property.
Scott Ives – Stated that when the Selectmen put these lots out
to bid, they were only offered to abutters with the requirement that they be
merged together to the home parcel.
They were intended to be conveyed with the understanding that no
additional structures be built because of problems at Gorham Pond.
Abutters were read as follows and noted that all had
been notified by certified mail:
Mr. And Mrs. Sparks – Not Present
Thomas/Cassandra Zoraworwiez – Not Present
James/Clara Kerr – Not Present
James Bartlett – Not Present
Al Kolinski – Present, stated he had no problems with the
building of the garage. Stated that to
the north is the playground and on the south side there is a brook running
through the lot so don’t know how they could ever build anything there
anyway. A 24’ x 24’ garage would not be
overpowering to the area. Not a
building with two stories but has with enough pitch to get the snow off. Mr. Demers needs a secure place to store his
tools and vehicles.
Ann Merrill, Lake Gorham Association - Present. Stated in discussion with surveyor, it was
determined that the proposed garage will be 27 feet from Lake Gorham
Association property. Stated she had no
problems with the proposal. Asked that
the Surveyor replace the stakes with granite posts, etc.
Members of the Public:
David Kremidas – Asked if this could have been built on the
original lot.
The Board noted that this structure was being built
on the original lot and not the one conveyed from the Town.
Mark Desmarais – Stated that he only had one comment. Find it hard to believe that the Board could
deny this man a garage after you granted Migneault an Equitable Waiver for a
garage………Would like to see more consistency with the Board or else they should
all resign.
Scott Ives – Asked
where a replacement septic system would be put in.
M. Dahlberg – Stated he did not feel this question was germane
to the application at hand.
Al Kolinski – Stated that Mr. Demers land sits quite high. Stated he could replace his septic system in
the same area without any problems.
Questions necessary for the granting of the Variance
were answered as follows by Mike Dahlberg:
By replacing the existing structure, one end of
which is open and by being able to store his vehicles out of sight, should
increase the property value of his property and not diminish surrounding
property values.
Mr. Demers would be able to keep his work vehicle
and tools out of the public’s eye and under cover. This certainly is an improvement.
Mr. Demers is proposing to utilize the property by constructing the garage as an accessory use and there are other similar garages in the neighborhood and he should be allowed to build his.
The granting of this Variance would allow Mr. Demers to use his property to its highest and best use.
The property will be used for residential purpose. Certainly meets the requirements of the Ordinance for residential use.
At this point in the meeting, Terry Swain, Chairman, noted the following would be voting members on this request:
Terry
Swain
Alison
Vallieres
John
Trottier
Gertrude
Dulude
John
Van
Discussion:
The Board noted that the applicant was improving his property and there was no problem with the granting of the Variance. There is no impact to the south and he will be removing an old shed which will improve things. It will look better than what was originally there.
MOTION:
John Trottier 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 Robert Demers to allow him to construct a Garage adjacent to his existing residence closer than the required 50 foot setback at his property on Holiday Shore Drive at Gorham Pond in the Low Density District in Dunbarton, NH with the condition that the existing shed be removed and that the garage will be located no closer than 27 feet from the northerly property line and 20 feet of the southerly property line and that the garage be no larger than 24’ x 24’ and be a single story garage. John Van seconded the motion. The motion passed unanimously.
The public hearing was closed at 8:30 p.m.
8:30 p.m. – CONTINUED PUBLIC HEARING – REQUEST FOR A VARIANCE TO ARTICLE 4, SECTION B. OF THE DUNBARTON ZONING ORDINANCE FROM BEVERLY J. MCDONNELL TO ALLOW HER TO CONSTRUCT AN ADDITION TO HER HOUSE AT 27 HOLIDAY SHORE DRIVE CLOSER THAN THE 50 FOOT SETBACK IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
Jacques Belanger, Surveyor, and Mrs. McDonnell appeared before the
Board and presented a plan showing the proposed addition. Also included on the plan was a proposed new
septic system which did not meet setback requirements.
Because the public notice had not included the proposed new septic
system, the Board stated they could not hear the proposal because of incorrect
noticing.
MOTION:
John Herlihy made a motion that the request for a Variance to Article 4, Section B. of the Dunbarton Zoning Ordinance from Beverly J. McDonnell to allow her to construct an addtion to her house at 27 Holiday Shore Drive closer than the 50 foot setback in the Low Density District in Dunbarton, NH be continued until the next meeting in September because of incorrect notice.
The motion was seconded by John Trottier. The motion passed unanimously.
The request will be on the agenda for the September meeting as a Continued Public Hearing.
8:45 p.m. – PUBLIC HEARING FOR A REQUEST FOR A SPECIAL EXCEPTION FROM WILLIAM B. NICHOLS TO ALLOW HIM TO OPERATE A VEHICLE INSPECTION STATION AT HIS PROPERTY ON 146 CONCORD STAGE ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the public hearing, Terry Swain stepped down from the Board because he is an abutter.
In addition, Scott Ives stepped down from the Board because of a conflict of interest.
William and Sue
Nichols appeared before the Board. Mr.
Nichols stated that he was looking for a clarification of his previously
granted Special Exceptions. He stated
he wanted to operate a vehicle inspection station at his property. Stated he had already gotten permits from the
State of New Hampshire to run the Inspection Station. Purchased a lift, etc.
His original granted Special Exception gave his the right to do limited
repairs on his own equipment but not for the public.
Mr. Nichols stated
that originally several years previously, he had applied to Ray Simard ,
Building Inspector, for the Inspection Station and it had been all set to go
with the exception of hiring the mechanic, etc. Things fell through and he didn’t hire the mechanic and he never
obtained the permit from Ray Simard.
At this point,
Bruce Vaal, Building Inspector, stated that it was a different type of
operation than the previously granted Special Exceptions because it involved
the public whereas the previous one did not involve the public in the garage. He noted there are necessary requirements
when you are open to the public. Bruce
Vaal also stated that it was probably because of a difference of opinion and
interpretation between him and the previous Building Inspector.
William Nichols
stated that Don Rollins who lives across the street from him had been granted
the right to run an Inspection Station many years ago. He would plan to run his operation in a
similar way.
He stated that the
State does not allow you to just work on your own equipment if you have an
Inspection Station. You must be
available to the public for inspection on vehicles. You can’t do just heavy equipment.
Will be conducting
this business in his existing garage.
Nothing will change from what is presently there.
Presently have a
full-time mechanic working in the garage.
Mr. Nichols stated
the State requires you to be open to the public at least 32 hours a week if you
are operating an Inspection Station.
At this point in
the discussion, Terry Swain stated that the entire record of the previously
granted Special Exceptions was on the table and the Board could review it.
After some
discussion between the Board and the applicant, it was established that the
Board desired to review the existing Special Exceptions along with the
conditions to see what was presently existing before making a decision as to
the proposed Inspection Station. Copies
of the record will be provided to the Board prior to the next meeting.
The Board asked that Mr. Nichols provide a site plan showing what is presently there and also what the State requirements are for an Inspection Station.
MOTION;
John Herlihy made a motion that the William Nichols request for a Special Exception to operate an Inspection Station at his property on 146 Concord Stage Road in the Low Density District in Dunbarton, NH be continued until the September meeting. The motion was seconded by John Van. The motion passed unanimously.
There being no
further business, the meeting was adjourned at 9:30 p.m.
Respectfully submitted,
Alison R. Vallieres, Secretary