Zoning Board of Adjustment

Minutes

May 21, 2007

Official as of June 25, 2007

Chairman Farr calls the meeting to order at 7:00 p.m.
 
PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Robert Bailey, Nona Holmes, Alternates Jean Lane and Andrea Korson, and Board Administrator Linda Smith. Thomas Lavigne arrives at 7:09.

ABSENT: Alternate Ken Wilkins and Board Secretary Lisa Fellows-Weaver.

VOTING MEMBERS: Bruce Farr, Roy Pender, Nona Holmes, Andrea Korson, and Robert Bailey.

MINUTES:
Bob Bailey makes a motion, second by Roy Pender, to approve the minutes of April 23, 2007, as written. Motion passes unanimously; 5/0.

Mr. Farr explains that the zoning board is a quasi judicial board and is not a meeting similar to a public hearing. He explains that the board does not take participation from non affected parties.

A discussion is held regarding alternate members and attendance. Mr. Farr states that the board is looking for alternate members and is concerned of active participation. 

APPLICATIONS:
Case #07-03: Bradley Reichenbach, 103 Lower Camp Rd. Map 125; Lot 75. Applicant is seeking a special exception under Article 1.04(C)(3) to construct a 16’ x 45’ two story addition on existing dwelling with no road frontage; 179’ of road frontage on a private road, 0.64 Ac.

Mr. Reichenbach is present. Mr. Farr confirms that the application is complete. No abutters are present and no correspondence has been received.

Ms. Holmes reads the regulations for a special exception; Section 1.04.

Mr. Farr explains the process of granting a special exception. Mr. Reichenbach explains the proposal is to add an addition to the back side of the house with a garage and storage areas. Currently there are only two 10’ x 10’ bedrooms with no closets. There is no increase in bedrooms proposed.

Mr. Lavigne arrives. Mr. Bailey recuses himself as a voting member and Mr. Lavigne is designated as a voting member.

Mr. Lavigne asks general questions regarding the existing structure. Mr. Reichenbach explains that the house is currently 40’ x 20’ and the proposal is to go to 45’ in the opposite direction. Mr. Farr states that the proposal is changing the footprint.
Discussion continues regarding the existing structure and Mr. Reichenbach explains that he is not proposing to tear anything down and there are no setback issues. He adds that he would like to place a single story garage underneath the addition and it will not be any higher than what exists.      

Ms. Korson asks where the well and septic system are located. Mr. Reichenbach states that the well is 75’ from the neighbor and from his septic system.

Ms. Smith states that there is an approval for operation for the septic; however, there is no specific septic design provided. Mr. Pender notes that the system has been installed and inspected. Mr. Farr adds that the system was approved and working in 2004. Ms. Korson states that there should be a certified document showing the location of the well. Ms. Smith states that there should be a septic system design in the packet. Mr. Pender states that a well can be placed within the 75’ setback and a waiver will need to be granted from the state. He adds that this was not covered in the Town of Northwood’s ordinances. Ms. Smith retrieves the property file for a copy of the septic plan.    

Special Exception:
Mr. Lavigne reads the regulations as follows:
Dimensionally nonconforming lots which were created or existed prior to December 31, 2005 may be developed without compliance with the requirements established by section 3.01 (C)(1) and 3.02 of this ordinance for lot size and frontage if granted a Special Exception by the ZBA. Mr. Reichenbach states that the lot was created in the 1940’s.

The ZBA shall grant the Special Exception only if the following conditions are met:

(a) septic systems shall be located 75 feet or greater from open drainage or
surface water, 50 feet or greater from hydric B soils, 75 feet or greater from existing wells; and septic systems must meet all other setback requirements set by the New Hampshire Department of Environmental Services, unless a waiver has been granted by the appropriate state regulatory agency.

Mr. Pender reviews the engineered septic plan of 2004 and states that there are hydric B soils within the 50’ requirement. Additional discussion is held as the board reviews the plans. Mr. Pender states that there is a dug well noted on the plan, 75’ from the septic. Mr. Farr states that there is no current well on the map, in scale. Mr. Reichenbach states that the well is in the corner area of the lot.

(b) the well protection radius shall be 75’ or greater and may not extend
     beyond the building setback on an adjoining lot. 

Mr. Farr states that the well radius will be in the area of the neighbor’s lot. He states that the board does not have the correct information as to the well location to determine if the conditions have been met. 

Ms. Korson make a motion, second by Mr. Pender, to continue the case until next month to allow the applicant to time to get documentation of the location of the functioning well. Ms. Korson requests that there be a certified plan provided showing the well. Mr. Lavigne asks if the building inspector would be able to verify the location. Ms. Smith states that it is a conflict for a town employee to be on private property doing work to benefit the property owner. Mr. Reichenbach explains that all pins can be located and the property was surveyed last year. Ms. Holmes asks who had the well drilled and Mr. Reichenbach replies he did not and adds that it was done three years ago. Mr. Pender states that the location of wells must be registered by a GPS for latitude and longitude location. There is no reference point to a lot line. Ms. Korson states that the board has no leeway with a special exception and decisions are based on measurements. She states that there is no determination. Mr. Lavigne expresses concern with costs implied to the applicant.

Ms. Smith states that Mr. Reichenbach has noted that he has a surveyed plan of the property and she suggests that a licensed septic designer visit the site and delineate the well location. Mr. Farr states that the plan should be a surveyed plan that shows the location of the well and septic system showing measurements or a plan done by a licensed septic designer. Motion passes unanimously; 5/0. 

Mr. Farr states that the next meeting is June 25.

MINUTES:
Tom Lavigne makes a motion, second by Roy Pender, to approve the minutes of April 23, 2007, as amended. Motion passes unanimously; 5/0.

Adjournment:
Roy Pender makes a motion, second by Andrea Korson, to adjourn. The motion passes unanimously; 5/0.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary