The Town of Northwood, New Hampshire

Chairman Farr calls the meeting to order at 7:00 p.m.

PRESENT: Chairman Bruce Farr, Vice-Chairman Roy Pender, Thomas Lavigne, Nona Holmes, and Board Secretary Lisa Fellows-Weaver.

ABSENT: Robert Bailey, and Alternate Jean Lane.

VOTING MEMBERS: Bruce Farr, Roy Pender, Tom Lavigne, and Nona Holmes.
Case #07-28R: Jon Hendrick, Corson Dr. Map 105; Lot 25. Applicant is seeking a special exception to Article 1.04(C)(3) to build a 30’ x 58’8” residence on a 4.54 acre lot, with no road frontage. This is a rehearing of Case#07-28.

Jon Hendrick is present along with Wetlands Scientist Fred Walker. No abutters are present.

Mr. Farr explains the process of granting a special exception. Mr. Walker explains that this is a 4.54 acre lot of record, off of Corson Dr. The lot was approved by the planning board in 2004 via lot line adjustments. He refers to an area of the lot, shown as an hourglass shaped, which indicates the buildable lot. The 20’ setbacks from the property line and 20’ from the poorly drained soils are delineated as are the 100’ setbacks from the prime wetlands.

Special Exception
Mr. Lavigne reads the criteria for a special exception, Section 1.04(C)(3) 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. 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; and,

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

Mr. Hendrick states that the lot is a remainder lot of the McClarren development in the 50’s or 60’s. Mr. Lavigne states that the lot must be created prior to 12/31/05 and Mr. Farr notes that the plot plan provided states 2004.

Mr. Walker states that the septic system was designed by him in 2004. It was state and town approved. He adds that the septic system is for a 3 bedroom home and in 2004 it met all of the requirements at that time. The plan is reviewed and general discussions are held. Mr. Pender states that it appears that the septic system is outside 50’ from hydric B soils and outside 75’ from any open drainage or surface waters. Mr. Farr states that it appears that condition “a” has been met.

Mr. Pender states that condition “b” has been met as the well radius is greater than 75’ from existing wells.

Mr. Lavigne asks what the issue was prior or the reason for the rehearing. Mr. Farr explains that there was another ordinance noting 100’ setbacks. He states that the board is not able to refer to any other ordinances when granting a special exception. He states that granting a special exception does not negate any other ordinances.

Abutter Mr. Troy is present and states that he does not have any comments relative to the special exception issue.

Mr. Pender states that as far as the wetlands are concerned, the special exception addresses poorly drained soils and the distance of the septic system. He states that the confusion was as to what ordinance was being addressed.

Roy Pender makes a motion, second by Tom Lavigne, to grant the special exception based on the fact that all criteria have been met. Mr. Pender states that the ordinance states that there does not appear to be any open drainage or surface water on the plan provided. Mr. Walker states that DES allows the wording of hydric b soils to be substituted with poorly drained soils. Mr. Pender states that Mr. Walker has examined the property and is a wetlands scientist. Mr. Walker adds that he is a septic designer and is qualified to define and determine the types of soils. Mr. Pender states that the septic system is more than 50’ by his measurements, and is 75’ or greater from an existing well. He adds that the septic system meets all other setback requirements. Mr. Pender states that the plan completed by Mr. Walker, 5/2/07, shows that the 75’ well radius is entirely on Mr. Hendrick’s property. Motion passes unanimously; 4/0.

Adjournment:
7:21 p.m. Mr. Pender makes a motion, second by Mr. Lavigne, to adjourn. Motion passes unanimously; 4/0.

Respectfully submitted,

Lisa Fellows-Weaver
Zoning Board Secretary

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