DUNBARTON ZONING BOARD OF ADJUSTMENT

MONDAY, OCTOBER 18, 2004

TOWN OFFICES – 7:00 PM

 

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.

 

Approval of Previous Meeting Minutes:  Monday, September 13, 2004

 

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