14
DUNBARTON ZONING BOARD OF ADJUSTMENT
MONDAY, MARCH 13, 2006
TOWN OFFICES – 7:00 P.M.
The regular monthly meeting of the Dunbarton Zoning Board 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
Ron Slocum
David Nault
Dan DalPra, Alternate
Leo Martel, Alternate
Other Town Officials:
Kenneth Swayze, Admin., Planning and Zoning
Line Comeau, Building Department
Jim Marcou, Chairman, Planning Board
Brian Nordle, Co-Chairman, Planning Board
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 notice was on the Dunbarton Web Page.
APPROVAL OF PREVIOUS MONTH’S MINUTES: Monday, February 13, 2006
MOTION:
John Trottier made a motion that the Dunbarton Zoning Board of Adjustment approve the Monday, February 13, 2006 meeting minutes as written. Dan DalPra seconded the motion. The motion passed unanimously.
7:00 P.M. –CONTINUED PUBLIC HEARING REGARDING A REQUEST FROM ARTHUR AND KATHLEEN BOISVERT (B3-02-12) FOR A VARIANCE TO ARTICLE 4. SECTION B. OF THE DUNBARTON ZONING ORDINANCE TO ALLOW THEM TO KEEP IN PLACE AN EXISTING SHED THAT IS LOCATED TOO CLOSE TO THE PROPERTY LINE AT THEIR PROPERTY LOCATED ON 1078 GORHAM POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH.
Jacques Belanger, Surveryor, appeared before the Board representing Arthur and Kathleen
Boisvert. Arthur Boisvert was also present.
Jacques Belanger presented a Certified Plot Plan showing the location of the existing shed. (attached) The shed is located completely within the 50 foot setback. The shed is 33.5 feet to the northwest boundary and 35.3 feet from the northeast boundary.
Jacques Belanger stated they were unable to document the fact that the shed had been on the property beyond nine years. There are no tax records available as to when the shed was constructed. Based on this fact, they decided to request a Variance instead of an Equitable Waiver. In addition, the previous owner is not available. Neighbor Ken Perkins could not recall whether the shed was there ten years ago or not.
Abutters were read as follows and noted that all had been notified by certified mail.
Michael Lupa – Not Present
Michael/Elizabeth Ferdina – Not Present
David/Melissa Willis – Not Present
Marilyn Greenhalge – Not Present
Star Trust – Not Present
Town of Dunbarton – Present (Building Department)
J. E. Belanger Surveying – Present (Representing the applicants)
Comments from the Public:
None
Ken Swayze, Building Department, stated they were all set.
John Trottier, Chairman, read the requirements for a Variance as follows: Jacques Belanger, Surveyor, answered them as follows:
a. No diminution in values of surrounding properties would be suffered;
Answer: The existing structure is within the 50 foot setbacks along the northerly lot line. It has been in place for over 10 years (prior to current ownership, which cannot be verified). It has been clear and visible, and does not detract from the value of the abutting properties.
b. Granting the variance would be of benefit to the public interest;
Answer: By granting the variance, the owners can continue to store items inside as opposed to out in the open.
c. Denial of the variance would result in unnecessary hardship to the owner seeking it;
Answer: The current owners of the property do not have a garage, and did not realize the shed was non-conforming. The shed offers a place for yard equipment and seasonal supplies to be stored.
d. Granting the variance would do substantial justice; and
Answer: As stated above, the shed has been in place for over 10 years, and until recently, not known to be non-conforming. Moving the shed, which may not be sturdy enough to withstand the move, would not be beneficial to the owners, abutters or Town of Dunbarton.
e. The use would not be contrary to the spirit of the Ordinance.
Answer: The existing structure has always been within the setbacks. The current owners have done considerable amount of work to clean the area and repair/add to the existing home.
The Public Hearing was closed.
Board Discussion:
Ron Slocum asked how close the next house was to the shed.
Answer: J. Belanger stated it was over 200 feet away from the shed.
Mr. Boisvert stated the shed has an old stone foundation, and it has been there a while.
Leo Martel stated the shed does not look like it is movable.
The Board noted this was an existing structure that has been there for some time prior to the present owner. The Board stated they would make a condition that the shed not be allowed to be expanded any further if the Variance was approved. Any expansion at all would require him to come before the Board again. The shed has already had two additions put on.
David Nault stated he felt it is better to store things inside than outside. The shed is fully enclosed.
John Trottier, Chairman, noted the following members would be voting on this application:
John Trottier
Alison Vallieres
David Nault
Ron Slocum
Dan DalPra, Alternate
MOTION:
David Nault 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 Arthur and Kathleen Boisvert (B3-02-12) to allow them to keep in place an existing shed that is located too close to the property line at their property located on 1078 Gorham Pond Road in the Low Density District in Dunbarton, NH based on the Certified Plan for Kathleen & Arthur Boisvert Revised 3/02/06 and Dated 3/13/06 as submitted. The following condition will apply to the approval:
1. There will be no further enlargement of the shed. The existing square footage is 320 feet per recent Town Appraisal.
John Trottier seconded the motion. The motion passed unanimously.
CONTINUED PUBLIC HEARING REGARDING A REQUEST FROM RAYMOND RANGER (K1-7-1) FOR THREE VARIANCES AT THEIR PROPERTY LOCATED ON 25 KAREN DRIVE AT GORHAM POND IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH AS FOLLOWS:
(1) ARTICLE 4. SECTION C. OF THE ZONING ORDINANCE TO ALLOW THEM TO REPLACE AN EXISTING SEPTIC SYSTEM CLOSER THAN THE REQUIRED SETBACK FROM THE PROPERTY LINE
(2) ARTICLE 4. SECTION C. TO ADD ON TO THE EXISTING STRUCTURE CLOSER THAN THE REQUIRED SETBACK FROM THE PROPERTY LINE AT THEIR PROPERTY
(3) ARTICLE 5. SECTION F. LOCATE A SEPTIC SYSTEM AND ADD ON TO THE EXISTING STRUCTURE BOTH CLOSER THAN THE REQUIRED DISTANCE FROM THE WETLANDS CONSERVATION DISTRICT
At this point in the Public Hearing, John Trottier confirmed the fact that Jacques Belanger was the
Surveyor for the applicant. John Trottier made the following statement for the record:
He noted that he had made this statement at the last month’s Public Hearing but wanted to make sure everyone was aware of the fact that his wife worked for Jacques Belanger Surveying.
“In accordance with the Town of Dunbarton’s Code of Ethics, as adopted on March 13, 2001 Section I. C. - Duty to Disclose, I would like to publicly and for the record state that my wife Deborah, is currently employed by J. E. Belanger Land Surveying (Jacques Belanger) as the office manager.
As a member of the Town of Dunbarton ZBA, I feel that I can give the Applicant fair and equal treatment as it relates to this evening’s request for a Variance. Additionally, I feel I am not prejudiced to any degree regarding the pending matter, and I believe I can be totally fair and impartial.”
John Trottier asked if the applicant, any members of the public, or members of the Board had a problem with his serving on the Board as a voting member for this application.
There were no objections to John Trottier’s serving as a voting member on this request.
John Trottier, Chairman, noted the following members would be voting on this application:
John Trottier
Alison Vallieres
David Nault
Ron Slocum
Dan DalPra, Alternate
Jacques Belanger, Surveyor, and Mrs. Ranger appeared before the Board of Adjustment. Jacques Belanger presented a letter from Peter S. Schauer, Certified Soil Scientist, confirming that mapping and site investigation has been completed on the subject parcel. (attached) Wetlands have been delineated on the plan.
Jacques Belanger, Surveyor, presented a Certified Plot Plan showing the exact location of the Wetlands Conservation District, proposed new septic system location, and proposed addition, etc. (attached) The plan also showed all well protective radius. Jacques stated they had moved the addition 5 ½ feet back from the previous location. They have also removed the deck.
Mrs. Ranger stated they were also planning on replacing the front foundation wall. Presently, it is up on blocks. Will be putting in a concrete foundation. The addition is the same as previously presented but moved back.
Ken Swayze stated that if you had a crawl space, you are not allowed to increase it to a full foundation without a Variance.
The Board noted she cannot increase the volume of the existing home without a Variance. It was determined that the foundation wall will not be increasing the volume of the house.
Mrs. Ranger asked if she could put in wood steps or would she have to come back to the Zoning Board.
Mrs. Ranger stated that Don Perkins has said he does not have to lift the house to do the foundation work. They are going down to four feet.
Dan DalPra asked if the house would still be a two bedroom house after the new construction. Is the system you are putting in for a two bedroom? What is the house now?
Mrs. Ranger stated the house is presently a two bedroom house. Her son is using the one bedroom upstairs which is very small. It will still be only a two bedroom home.
David Nault asked how high above the existing grade would the septic system be?
Jacques Belanger stated it would be about three feet higher than grade. Will try to keep it as low as possible. It will be a State Approved System. The State allows Septic Systems to be within ten (10) feet from all lot lines.
Abutters were read as follows and noted all had been notified by Certified Mail:
Kim Demetry – Present. Stated there has been quite a bit of changes to the house and obviously I have a well that is very close. I spoke with Mrs. Ranger earlier today regarding my concerns. I am considering putting in an artesian well. Now I will have a full-time neighbor instead of someone who comes only once in a while on weekends. This is a change. Their septic system is getting close to my well. (Kim Demetry looked at plan) Asked if this was exceeding the State requirements for the protective radius for the well. Kim Demetry stated that her well is a 12 foot dug well. She stated surface water will end up in her well. Now I have someone else’s surface water to worry about. That is why I came to their house today. I would like to get access across their property to put in an artesian well. I have talked with artesian well companies. I am being forced to put in an artesian well at this point. They are concerned about taking trees down. We would need to talk this over. I want my privacy as much as they do. Their house is so close.
Ron Slocum asked if this was the only place she could put her well. She stated it was.
Dan DalPra asked if there was much elevation change between the lots.
Answer: Demetry Lot is about 8’ down hill from the Ranger property.
Mrs. Ranger indicated she would be agreeable to Kim Demetry accessing her property through the Ranger property in order to put in an artesian well. She stated she would be willing to work with her.
Alphonse/Mary Binde – Not Present
Louis Diberio, Jr. – Not Present
David/Amanda Mattil – Not Present
Dunbarton Conservation Commission – Not Present
N. H. Fish and Game Department – Not Present
Schauer Environmental Consultants – Not Present (Representing the applicants)
J. E. Belanger Land Surveying – Present (Representing the applicants)
Comments from the Public:
At this point in the meeting, Ken Swayze, Building Department, stated the following:
1. The Ordinance requires that the Building Department has to notice the Dunbarton Conservation Commission. Is this notice procedurally acceptable?
The Dunbarton Zoning Board agreed that the Certified Mail Notice would be acceptable notification to the Dunbarton Conservation Commission.
2. The Ordinance requires that anything you do within the Wetlands Setback, you have to give notice to all the abutters. We do allow building within the 50 foot setback with proper procedures. The burden is on the applicant to notice the abutters when they apply to the Building Department for a permit.
3. The Shoreline Protection Act does not allow more than a two bedroom home or septic system. The proposed system is a two bedroom design. Any expanded design requires DES approval. Require notice to the Shoreline Protection Division. The Shoreline Protection Division requires 15 days notice period for receipt of plans.