HOLDERNBESS ZONING BOARD
MEETING MINUTES
HOLDERNESS, NH 03245
November 9, 2004
MEMBERS PRESENT Mr. Bass, Mrs. Webster, Ms. Dicosola, Mr. Rothchild
OTHERS PRESENT Paula Hancock, stenographer for Board Works
CALL TO ORDER Mrs. Webster called the meeting to order at 7:05 p.m. Mrs. Webster advised that Mr. Barbera had called her and asked her to chair the meeting this evening as he was not feeling well.
MINUTES It was moved by Ms. Dicosola, seconded by Mr. Rothchild to approve the minutes of the October 12, 2004 meeting as amended.
The following amendments were made to the minutes of the October 12, 2004 meeting:
It shall be noted that Mr. Barbera, Chairman called the meeting to order.
Page 2, paragraph , shall be corrected to state that the garage “could” be built… The word as shall be removed.
Page 3, it shall be noted that all suggestions on changes to ZBA ordinances will be sent to Jack Barbera
It shall be noted that Mr. Rothchild moved and Mrs. Webster seconded the motion that the Board go into non-public session to go into executive session.
It shall be noted that Mr. Rothchild moved and Mrs. Webster seconded the motion that the Board return to public session.
It shall be noted that the Board returned to public session at 7:54 p.m.
It shall be noted that Mr. Bass moved and Ms. Dicosola seconded the motion to adjourn the meeting.
PUBLIC HEARING Mrs. Webster advised that this public hearing was being held to review applications for well and septic system for
Habitat for Humanity property off Lane Road.
Representatives of the application, Brian Young and Bob Bartlett were present.
Mrs. Webster explained that between the October 12, 2004 ZBA meeting and the November 9, 204 ZBA meeting, Jack Barbera had contacted Town Counsel concerning a question raised about the legality of doing a walk through at the Habitat for Humanity property before the official public hearing on the matter (November 9, 2004). She reported that it was the advice of the Town Counsel that the Zoning Board of Adjustment cannot do a walk through of the Habitat property before the official November 9, 2004 public hearing. Mrs. Webster advised that based on that advice, there was no walk through conducted.
The ZBA and Brian Young, agent for the owner, discussed and reviewed the site map for the Habitat for Humanity property for two filed applications (variance applications). It was noted that one variance request was for the digging of a well on the property and the other was to create a septic field (leachfield) on the property.
The contractor for the well digging expressed concern to Brian Young relative to the ability of his company to get the two required digging rigs onto the property at the site designated.
The Board discussed the fact that the site map had the well being dug within the 35’ setback designated by the town.
Relative to the application for a septic system it was noted that Mr. Young was seeking a variance to move the septic system out from underneath some power lines already on the property. He noted that if the leachfield was put in at the original location under the power lines and raised, it would come within 6-8’ of the power lines.
It was suggested by the Board that the power lines be raised from the peak of the house or from a pole adjacent to the house. Mr. Young stated that this idea had not been considered.
It was moved by Mr. Bass, seconded by Ms. Dicosola to schedule a walk over to look at the well on Saturday, November 20, 2004 at 10 a.m. Brian Young and Dick Marden will walk the property before November 20 and make sure that the well meets Town and State setback requirements.
It was noted that if setback requirements aren’t met, then the ZBA will do walk through on November 20, 2004.
With regard to the septic system, Mr. Rothchild, expressed concern that if the Board granted a variance to move the septic system (leachfield) from underneath the power lines (revised location, specified on the septic application map) it would set a precedence for other applicants.
Ms. Dicosola expressed concern that if this variance was granted it would not be treating all applicants the same.
Mr. Bass expressed that the Town ordinance states that any hardship cannot be created by the applicant. He stated that in this particular case the hardship is created by the applicant.
It was moved by Mr. Rothchild, seconded by Mr. Bass to deny the variance for the septic system as revised and go back to the original plan. Vote was unanimous.
It was moved by Mr. Bass, seconded by Mr. Rothchild to amend the original motion and to deny the septic system application as it is possible to construct a septic system using the original map, so there is no hardship under the Town Ordinance. Vote on the amendment was unanimous.
It was decided that Mr. Marden and Mr. Young will go to the Habitat property and Mr. Young will show where the septic system is to be placed. It was stated that if the septic meets the 125’ setback required and the 35’ setback necessary for the well, Mr. Young does not have to come back to the ZBA. However, it was stated that if these requirements are not met, then Mr. Young has to come back to the ZBA for a variance.
NEW BUSINESS None
.
ADJOURNMENT At 7:55 p.m. it was moved by Mr. Bass, seconded by Mrs. Webster that there being no further business to come before the Board that the meeting be adjourned. Vote was unanimous.
Paula Hancock
Recording Secretary
Board Works
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