Zoning Board of Adjustment
Town of Holderness
PO Box 203
Holderness, NH 03245
Minutes
March 9, 2010
Members Present: Ivan Bass, Wendell Broom, Erik Simensen, and Susan Webster
Members not Present: Tim Lyons, and Bob Rothschild
Staff Present: David Lorch – Town Planner
Others Present: John McCormack, Georgene & Rick Fabian, Barbara Currier, Neil McIver, Eric Merluzzi, Sherry & Bill Waldrip
1. CALL TO ORDER: Ms. Webster called the meeting to order at 7:10 P.M. The Roll was called. Mr. Simensen was raised to voting status.
2. APPROVAL OF MINUTES: Mr. Broom moved, seconded by Mr. Bass, to approve the minutes of 02/09/10 as presented. Motion passed.
3. OLD BUSINESS: none
4. NEW BUSINESS:
Case #317-03-09: John A & Carol A McHugh
Request for Variance for property located at 435 US Route 3 in the General Residential Zone, Map 246 Lot 11. The applicant proposes to replace an existing septic system and leachfield requiring Variances from Section IV.H.1 & 2 and Section IV.J of the Zoning Ordiannce.
The public hearing was opened at 7:11 P.M. Mr. McCormack, on behalf of the applicants, introduced Mr. Merluzzi, the septic designer, and Mr. McIver, the wetlands scientist. Mr. McCormack explained that the White Oak Motel is situated on eight acres, and although the existing systems have not failed, they are old and not to new standards, and the applicants are being proactive and wish to upgrade and redesign the septic systems and leachfields. He further noted that after more review of the zoning ordinance, the applicant requires setback variances from Section H but not Section J. Mr. Merluzzi reviewed the preliminary plans, stating that due to existing structures, wetlands, and property lines, there no areas large enough to accommodate a septic system without a variance. It was clearly stated that there would be no new
buildings erected on the property. The plans site three new Presby septic systems and leachfields to accommodate all the structures. The old systems will be pumped, tanks collapsed, filled in, and abandoned. Although some of the buildings are seasonal, it was noted that the systems must be designed for peak load.
There was general discussion regarding the lack of finite information regarding the requested variances. Mr. Merluzzi designated individual systems and leachfields, matching them with the chart previously supplied listing variance requests. Mr. McCormack suggested approving the Variances conditional upon submission of an as-built plan. He then reviewed the variance criteria, which became effective January 1, 2010, stating that the improvements to the septic systems would enhance the environment and other properties by reducing the environmental risks impact. The uniqueness of the property with multiple buildings and wetlands requires variances in order to reasonably make use of the property. He submitted a letter of support from abutters Roger & Miriam Uhler.
Mr. & Mrs. Fabian noted that the run-off from the culvert has increased due to the clear-cut logging operation and hoped that this could be improved. They agreed, along with Mr. & Mrs. Waldrip, that the proposed work would be an improvement to the property. Mrs. Currier stated that the work will help protect the environment.
There were no further comments and the hearing was closed at 7:50 P.M.
Deliberation: Mr. Lorch noted that although Mr. McCormack was correct in stating that the variance criteria had changed as of 1/1/10, the Board would be using the variance criteria as listed on the old application form submitted by Mr. McCormack.
Property Values:
- All agreed there would be no diminution of surrounding values since there was no visible change and the waste disposal would be enhanced.
Not Contrary to Public Interest:
- The new systems must meet state standards and the public safety will be observed by granting the variance requests.
Unnecessary Hardship:
- The Board agreed that the applicant had no other options, based on the opinions and advice of licensed professionals, because of the topography and wetlands.
Substantial Justice:
- Maintaining the function of the property, without expansion, protects the property and the public.
Spirit of the Ordinance:
- The proposed plan minimizes the infringement to the extent possible, protects the watershed and the public, and is a pre-emptive strike rather than a reactive strike.
Mr. Bass moved, seconded by Mr. Simensen, to grant the variances shown on the proposed septic plan dated March 9, 2010 for the White Oak Motel, subject to the setbacks in the chart, obtaining state approval, and to the filing of exact distances upon construction. Any substantial layout changes must be approved by the Zoning Board of Adjustment prior to construction. (Chart: Leachfield A – 50’ from well, 65’ from wetlands, 40’ from surface water; Tank A – 50’ from well, 20’ from wetlands; Leachfield B – 50’ from wetlands; Tank B – 25’ from wetlands; Tank C – 50’ from wetlands) Vote: Mr. Bass – yes; Mr. Broom –yes; Mr. Simensen – yes; Ms. Webster – yes. Motion passed.
5. OTHER BUSINESS:
Board Review of Application Update: Mr. Lorch explained that the variance criteria were corrected to reflect the new statutory requirements. The Board reviewed the rest of the document and made numerous clerical corrections. The application will be given to the Board of Selectmen after correction for their approval.
Ms. Webster read a letter of resignation from Ms. DiCosola. Mr. Simensen expressed willingness to be raised to regular member status. The Board unanimously agreed to recommend him to the Selectmen for appointment.
Mr. Lorch provided information on the annual spring Office of Energy and Planning Conference.
6. ADJOURNMENT
There being no further business, the meeting was adjourned on a motion by Mr. Bass, seconded by Mr. Simensen, at 9:00 P.M.
Respectfully submitted,
Wendy J. Huff
Secretary
Minutes Approved: June 8, 2010
Corrections: none
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