DUNBARTON ZONING BOARD OF ADJUSTMENT

MONDAY, NOVEMBER 8, 2004

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 Chairman John Trottier presiding. The following members were present :

John Trottier, Chairman

Alison Vallieres, Secretary

Gertrude Dulude

Ron Slocum, Alternate

Leo Martel, Alternate

Kenneth Swayze, Admin., Planning and Zoning

The Chairman verified with the Secretary that the Public Hearing Notice had been posted in three public places throughout the Town and published in the Concord Monitor according to State Law. In addition, the Public Notice appeared on the Dunbarton Web Page.

Approval of Previous Meeting Minutes: Monday, October 18, 2004

John Trottier made an amendment to the minutes as follows:

Page 1, replace “pond as requested” by “Dredge and Fill Permit as discussed with” in the second paragraph regarding Beth and Leonard Lemarca Request.

Gertrude Dulude made a motion to approve the minutes as amended by John Trottier. The motion was seconded and passed unanimously.

7:00 P.M. – CONTINUED 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

At this point in the Public Hearing, Kenneth Swayze, Building Department, stated that David Barkie had called him and stated he was sick and would be unable to attend the meeting this evening.

Ron Slocum stated he felt we should allow the applicant ample opportunity to present his information and case.

Gertrude Dulude stated that it seemed to be the “norm” for applicants to appear before the Board.

Alison Vallieres stated she didn’t feel we should act on the request without the applicant being present.

MOTION:

Ron Slocum made a motion that the Dunbarton Zoning Board of Adjustment continue the Public Hearing for the request for an Equitable Waiver from Gary Chicoine Builders acting on behalf of David Barkie (C6-3-13) to allow them to continue o 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. The motion was seconded by John Trottier. The motion passed unanimously.

7:15 P.M. – CONTINUED 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

The Zoning Board of Adjustment received a letter from Fred Dion stating he would be unable to attend the Public Hearing on his behalf because he would be away on his honeymoon. (attached)

Kenneth Swayze stated that it had been a Planning Board condition of approval of the Stillwater (Tucker Road) Subdivision that all well be grouted because of the close proximity of the Town Garage and Salt Shed.

Members of the Board felt that the applicant should be present to present his case to the Zoning Board.

MOTION:

John Trottier made a motion that the Dunbarton Zoning Board of Adjustment continue the request for an Equitable Waiver of the Dunbarton Zoning Ordinance from Fred Dion (E3l-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. Leo Martel seconded the motion. The motion passed unanimously.

There being no further business, the meeting adjourned at 7:45 p.m.

Respectfully submitted,

Alison R. Vallieres

Secretary