DUNBARTON ZONING BOARD OF ADJUSTMENT

MONDAY, OCTOBER 15, 2001

TOWN OFFICES – 7:00 P.M.

 

The regular monthly meeting of the Dunbarton Zoning Board of Adjustment was held at the above time, date and place with Vice Chairman John Trottier presiding.  The following members were present:

 

               John Trottier, Vice Chairman

               Alison Vallieres, Secretary

               Gertrude Dulude

               John Van, Alternate

 

               Bruce Vaal, Building Inspector

 

The Acting Chairman verified with the Secretary that the public notice had been posted in three public places throughout the Town and published in the Concord Monitor for one day.

 

The minutes of the previous meeting of Monday, September 10, 2001 were accepted as written by a motion by Gertrude Dulude and seconded by John Van.  The motion passed unanimously.

 

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 PLUS PUT IN A WELL LESS THAN THE REQUIRED SETBACK FROM THE BOUNDARY AT HIS PROPERTY ON 14 GARY ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

Jacques Belanger, Surveyor, appeared before the Board on behalf of the applicant, Louis Pichette.  He presented the Board with an authorization stating that he could act on Mr. Pichette’s behalf.  In addition, he presented a signed statement from the Health Officer stating that the present system has failed and should be replaced. 

 

J. Belanger stated the existing septic system is a 1000 gallon septic tank with a dry well behind it. 

 

At this point, Mr. Belanger stated they had found a well on the property and therefore would not need the Variance for a well.  They will be using the existing well on the property. 

 

The Pichette property consists of two lots which have been combined. 

 

The proposed septic system would be proposed to be located 24.39’ from the southerly property line.

 

The proposed system will be a chambered system with infiltrators which would be a 40% reduction.  Tom Wilson is the Septic Designer. 

 

Test pits indicated they struck water at 4’ down.  The system will pump up.  The leach field will be in the back of the property and will not create a mound as some other systems in the general area.  They have met the setbacks to wetlands of 75’. 

 

Abutters were read as follows and noted all had been notified by certified mail:

 

Mary Eaton – Not Present

Timothy Raleigh – Not Present

Lucien/Dorothy Costa – Not Present

Louis/Mary Ann Nicoloro – Mrs. Nicoloro present.  She stated she was here in support of Mr. Pichette.

 

Alfred Brynes – Not Present

Valley of the Sun United Way – Not Present

Bruce Daniel Michaud – Present,  Looked at plan.  Noted he was Lot #13 on the plan.   No objections.

 

MOTION:

 

John Van 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 Louis Pichette to allow him to replace an existing leach field with a septic system to be no closer than 24.39 feet to the southerly boundary at his property on 14 Gary Road at Gorham Pond in the Low Density District in Dunbarton, NH .  The motion was seconded by Gertrude Dulude.  The motion passed unanimously.

 

The public hearing was closed at 7:45 p.m.

 

7:45 p.m. – CONTINUED PUBLIC HEARING FOR A REQUEST FOR A SPECIAL EXCEPTION AND VARIANCE FOR ACREAGE FROM JAMES BIVONA TO ALLOW HIM TO CONSTRUCT A DETACHED GARAGE WITH AN IN-LAW APARTMENT ON HIS PROPERTY AT ARMAND’S WAY IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH

 

Amy Bassett appeared before the Board on behalf of the applicant.  She stated she was also a owner of the property in addition to being his fiancé.

 

Amy Bassett stated that originally when they purchased the lot they had not planned on putting in an apartment over the proposed garage.  Mr. Bivona’s father developed health problems and needed to be closer to family so they decided to put an apartment over the proposed garage. 

 

She stated the total lot size was 6.35 acres which was .65 of an acre less than the required 7 acres.  She also stated she had research Town Records and noted that ten other Special Exceptions had been granted over the past fifteen years for this type of use.  She stated that she would think this would be opening the “flood gates”. 

 

She stated they were originally planning on building a garage and this would not change in any way the look of the property.  She stated they needed to building a garage because they can’t have a basement because of ledge on the property.  She stated that none of her abutting neighbors have objected to this.

 

 She stated that purchasing additional land is not a viable option to them. The cost of surveying land and changing boundaries would be costly plus it would affect other neighbors bounds, etc.

 

She stated the apartment would be a one bedroom apartment.  She stated the proposed septic system design would be changed to be for a five bedroom house instead of four bedrooms.

 

Abutters were read as follows and noted all had been notified by certified mail:

 

               Philip and Melissa Soule – Not Present

               Glen and Toni Chapman – Not Present

               Simon Audet – Not Present

               20th Century Skeet Club – Not Present

 

The Board asked the applicant questions relating to the granting of the Variance as follows:

 

  1. No diminution in values of surrounding properties would be suffered;

 

There will be no impact on any of the surrounding properties.  Per the existing guidelines, we are permitted to build the structure that we have proposed if we were using the structure solely as a garage.  The existence of an apartment above to garage will make no further impact.

 

  1. Granting the variance would be of benefit to the public interest;

 

The public interest is not extremely pertinent here.  Our request would not harm the public interest and would not have an affect on any party.  The additional building with living space would likely increase the value of the property resulting in a larger tax base.

 

  1. Denial of the variance would result in unnecessary hardship to the Owner seeking it;

 

Denial would result in hardship to the owners in that we would not be able to provide a safe living environment for an aging parent.  Our parent is experiencing health issues and would like to be able to live near family, but would like to retain his independence.  We have the ability to provide this for him through this request for a separate in-law-apartment.

 

  1. Granting the Variance would do substantial justice; and

 

By granting the Variance, the Board will be doing justice to us, allowing us to utilize our property as we see fit.  There is a very small discrepancy on the acreage, which has prohibited us from proceeding.  While the intent of the ordinance is understandable, the Board was established to hear cases for exceptions.  This request is not asking for major consideration and we feel that our request is justifiable.

 

  1. The proposed use will not result in the degradation of existing surface and groundwater water quality standards, not 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. 

 

It appears the ordinance is designed to protect citizens from neighbors making detrimental changes to their property, which could harm the innocent citizen.  By granting this Variance, the Board will not be allowing anything detrimental to occur.  If we are allowed to construct the building with the apartment , there will be no loss of privacy to any neighbors.  This will not create excessive traffic, noise, etc.  In all likelihood, the neighbors will not even realize the structure exists. 

 

MOTION:

 

John Van made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Variance for acreage from James Bivona to allow him to construct a detached garage with an in –law apartment on his property at Armand’s Way in the Low Density District in Dunbarton, NH with the condition that it be used by family members only if the subsequent Special Exception is granted.  Alison Vallieres seconded the motion.  The motion passed unanimously.

 

At this point in the public hearing the Board noted that the Questions to qualify for a Special Exception should be addressed by the applicant as follows:

 

  1. 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. 

 

No, this does not apply.  These are living quarters.

 

  1. No hazard will be caused to the public or adjacent property on account of potential fire, explosion or release of toxic materials. 

 

This would not apply because this is a residential use.

 

  1. No creation of a traffic safety hazard or substantial traffic congestion in the vicinity of the proposed development.

 

This use does not result in excess traffic.

 

  1. No excessive demand on municipal services and facilities, including, but not limited to waste disposal, police and fire protection and schools. 

 

There will be a garage there either way so it doesn’t add anything extra to the property. 

 

  1. 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. 

 

This does not apply to this use.   There are no wetlands on the property.  

 

The Board and the applicant discussed the possibility of restricting the occupancy to blood related or by marriage.  The applicant noted that wouldn’t want to be renting to anyone else anyway and this would be okay with her. 

 

At this point, the public hearing was closed.

 

MOTON:

 

John Van made a motion that the Dunbarton Zoning Board of Adjustment grant the request for a Special Exception to allow James Bivona to construct a detached garage with an in-law apartment on his property at Armand’s Way in the Low Density District in Dunbarton, NH subject to the condition that the apartment be no more than a one bedroom apartment and that it be occupied by no more than two people that are either blood related or related through marriage and that they meet the septic requirements for a five bedroom septic system in accordance with Article 9, Section D.3 of the Dunbarton Zoning Ordinance.  Alison Vallieres seconded the motion.  The motion passed unanimously. 

 

There being no further business, the meeting adjourned at 9:00 p.m.

 

                                                                                                                                Respectfully submitted,

 

 

                                                                                                                                Alison Vallieres

                                                                                                                                Secretary