Zoning Board of Adjustment
Town of Holderness
PO Box 203
Holderness, NH 03245
Minutes
June 8, 2010
Members Present: Ivan Bass, Wendell Broom, Bob Rothschild, Erik Simensen, and Susan Webster
Members not Present: Tim Lyons
Staff Present: David Lorch – Town Planner
Others Present: John McCormack, Chris Devine – SLA, David Ames, Peter Hendel, Dick Stevens, and Penny Ray
1. CALL TO ORDER: Ms. Webster called the meeting to order at 7:02 P.M. The Roll was called. Mr. Simensen was raised to voting status.
2. APPROVAL OF MINUTES: Mr. Bass moved, seconded by Mr. Broom, to approve the minutes of 03/09/10 as presented. Motion passed.
3. OLD BUSINESS: none
4. NEW BUSINESS:
Case #318-06-08: Holderness School
Request for Variance for property located at Chapel Lane in the Rural & General Residential Zones, Map 225 Lot 52. The applicant proposes to construct a road requiring a Variance form Section 400.8 of the Zoning Ordinance.
Mr. Bass stated that his children had attended Holderness School and his wife had worked there but that he had no financial relationship with the School and felt he could provide an impartial review and decision. Ms. Webster noted that her child had attended the School and that she too felt she could be impartial. There were no objections to Mr. Bass and Ms. Webster remaining on the board.
The public hearing was opened at 7:05 P.M. Mr. Hendel, Business Manager, and Mr. Stevens, Plant Manager, gave an overview of the project. Two new dormitories will be constructed housing twenty-four students each and each dormitory will have three faculty houses attached. An increased ratio of faculty in residence to the student population will be achieved with no increase in overall student population. Several plans for access to the new dormitories were discussed by the School, and after input from the Eleanor Mardin, Fire Chief, and Larry Spencer, Conservation Commission Chair, a final plan was adopted. The road will be a single lane that circles the area, entering and exiting on Mt. Prospect Road, and twelve feet in width. It will be constructed of pervious pavement which will reduce the wetland impact. The proposed
road, some of which uses an existing gravel road, will be in the wetland setback in two areas. Mr. Hendel explained that a two lane road would have a much greater width with greater impact on the wetlands.
Mr. Hendel stated that the application includes construction of a path to a proposed tunnel to access areas of the School across the road. The path would require a bridge over the wetlands. The path will be paved with impervious materials. He noted that the School is working on a DES Alteration of Terrain application. The Board advised Mr. Hendel that any changes required by the State may necessitate an new application to the Zoning Board.
There was general discussion of alternative options for construction of the road between the Board and the Applicants in an attempt to minimize the wetland impact. The single lane road appears to be the best solution. Ms. Ray was shown the location of the project in relation to her property. There were no further comments and the hearing was closed at 7:35 P.M.
Deliberation:
Not Contrary to Public Interest:
- There won’t be an increase in the density of use; the Conservation Commission has approved the project.
Spirit of the Ordinance:
- The School is trying to minimize the impact; a one lane road will be less obtrusive.
Substantial Justice:
- The project allows development of the property with minimal impact.
Surrounding Property Values:
- The project is a significant distance from other properties.
Unnecessary Hardship:
- Due to wetlands, there are limited options for placement of the dormitories, which meet all setbacks. Constructing the road as a single lane minimizes the wetland impact. The overall project is a reasonable use of the property.
Mr. Bass moved, seconded by Mr. Broom, to grant a variance for Tax Map 225 Lot 52 to construct a roadway and a pedestrian stream crossing as shown on the plan dated conditional upon receipt of Department of Environmental Services approval void of substantive changes as determined by the Compliance Officer. Vote: Mr. Bass – yes; Mr. Broom –yes; Mr. Rothschild – yes; Mr. Simensen – yes; Ms. Webster – yes. Motion passed.
Case #319-06-08: Squam Lakes Association
Request for Variance for property located at 534 US Route 3 in the General Residential Zone, Map 241 Lot 40. The applicant proposes to install a septic system/leach field and relocate a well requiring Variances from Section 400.8 and Section 400.10 of the Zoning Ordinance.
The public hearing was opened at 7:55 P.M. Mr. McCormack and Mr. Ames presented for the Applicant. Mr. Ames explained that due to wetlands delineation, Squam Lake, and the road, there is a very small area for placement of a septic system for the new seasonal use barn. The proposed location will impact the road setback and a small area of wetlands across the road. There will be no physical harm to the property across the road as it is uphill from the Applicant’s property. The existing two bedroom home will be tied in to the system; it is currently used as storage, but the Applicant would like the option of connecting to the septic for possible future use as a residence. It was noted that although the barn was constructed prior to design of the septic system, due to the other factors noted, the proposed location
is the only viable location.
The design consists of two 1600 gallon tanks to meet state requirements for students, staff, and visitors resulting in a calculation of 965 gallons per day. The large tanks are also required because an injector pump in the basement used to pump the effluent to the tanks stirs up the waste requiring a larger size tank. The barn will have separate bathrooms for men and women; the house has one bathroom and kitchen. There was brief discussion regarding the use of the buildings. Mr. Lorch noted that the setback variance requests can only be related to use in regard to impact on the area. Mr. McCormack reminded the Board that the use is seasonal and the number of students has not increased. No state waivers are needed for the system. The proposed new well also requires a variance. Mr. McCormack stated he felt that the septic
system should not be considered a structure according to the zoning ordinance definition so he was not sure that a variance for the road should be required. The Board disagreed.
There being no further comments the public hearing was closed at 8:29 P.M.
Deliberation:
Not Contrary to Public Interest:
- There is no impact or harm to the public; providing an adequate septic system protects the public.
Spirit of the Ordinance:
- The system will protect surrounding wetlands and the lake.
Substantial Justice:
- The lot configuration restricts the design area; the building location doesn’t affect the septic location.
Surrounding Property Values:
- The project will not impact other properties.
Unnecessary Hardship:
- Mr. Rothschild noted that providing a septic system for the barn is not a requirement, but a convenience. Because there is no intent to increase the student enrollment and the use is an allowed use, it was agreed that the project is reasonable.
Mr. Bass moved, seconded by Mr. Rothschild, to grant the appeal for Tax Map 241 Lot 40 to construct a septic system with a thirty-six foot variance from wetlands and a twenty foot variance from the lot line and a ten foot variance from wetlands for a well. Vote: Mr. Bass – yes; Mr. Broom –yes; Mr. Rothschild – yes; Mr. Simensen – yes; Ms. Webster – yes. Motion passed.
5. OTHER BUSINESS:
Board Officers: Mr. Bass moved, seconded by Mr. Rothschild, to keep the current officers in place. Motion passed unanimously.
6. ADJOURNMENT
There being no further business, the meeting was adjourned on a motion by Mr. Simensen, seconded by Mr. Bass, at 8:50 P.M.
Respectfully submitted,
Wendy J. Huff
Secretary
Minutes Approved: August 10, 2010
Corrections:
Page 1, Roll Call: delete Mr. Simensen was raised to voting status.
| 
