Meeting Minutes

Meeting date: 
Wednesday, November 9, 2022

Zoning Board of Adjustment

November 9, 2022

Approved April 6, 2023

 

Members Present: David Blohm, Chair; Henry Thomas, Vice-Chair; Larry Briggs, Member; Katheryn Holmes, Alternate; Alex Azodi, Alternate

Members Not Present: Steve Hurd, Member; Gary Budd, Member

 

Public Present: Melissa Thompson; Doug Gamsby

 

Mr. Blohm called the meeting to order at 7:00 p.m.

 

Mr. Blohm told the Board that a counter proposal was submitted in the 129 Bay Point Road case that was in front of the Housing Appeals Board.

 

Mr. Blohm appointed Ms. Holmes and Mr. Azodi as voting members for the meeting.

 

Minutes

No minutes to review.

 

The Recording Secretary read into the record the following Public Notice:

Notice is hereby given that the Newbury Zoning Board of Adjustment will conduct a public hearing on the following proposal on Wednesday, November 9, 2022, at the Town Office Building at 937 Route 103 in Newbury, NH: At 7:05 p.m., Jeff Osgood (agent), Melissa A. Thompson Rev Trust (owner), for property located at 14 Edgemont Landing, Newbury, NH, will seek an After the Fact Variance from the requirements of Paragraph 5.9.1 of the Newbury Zoning Ordinance to permit the following: Placement of a generator in the right of way setback. Newbury Tax Map 007-088-092. Copies of the application are available for review during regular business hours at the Newbury Town Office building. Business hours are as follows: Monday, Tuesday, Thursday, and Friday from 8 am-noon.

 

Melissa Thompson presented to the Board.

 

Ms. Thompson said she owns 14 Edgemont Landing, obviously it is a steep slope. Ms. Thompson continued that when she did the original permit there was a different Code Enforcement Officer and she was not told that she needed to file for a separate permit for the generator, so the generator got installed and the new Code Enforcement Officer told her she needed to file a building permit application for the generator. Mr. Azodi asked if the generator was on the plan that was approved. Ms. Thompson said she does not remember. Ms. Thompson said the generator is three feet shy of the setback. Mr. Blohm said the application documents say five feet. Mr. Briggs said 25 feet versus 30 feet. Ms. Thompson said the generator is as far off the road as it can be because of the steepness of the slope and the leach field is up above that. Mr. Blohm asked the applicant if she was saying that this was the only place it could be. Ms. Thompson said yes, it is, everything got put under the road before it got put in. Mr. Blohm said this is an after the fact variance then. Ms. Thompson said yes. Ms. Holmes asked if people could park right in front of the generator. Ms. Thompson said there is parking, but the generator is elevated. Ms. Holmes asked the size of the lot. Ms. Thompson said tiny. Mr. Biggs asked where the propane tank was. Ms. Thompson said up on 103. Mr. Blohm asked how long the generator has been installed. Ms. Thompson said almost a year. Ms. Holmes asked if it was a safety issue to have it 30 feet back. Mr. Briggs said it is on a hill, above the road. Mr. Thomas said they would hit a stone wall before they would hit the generator. Mr. Briggs asked how the generator was anchored on the hill. Ms. Thompson said it is bolted into concrete which is on solid rock.

 

There being no further questions from the Board, Ms. Thompson addressed Article 16.8 of the ordinance:

 

16.8.1 The variance will not be contrary to the public interest because: the location of the generator does not pose risk or inconvenience to the public

16.8.2 Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship

  1. There are special conditions in the property that distinguish it from other properties in the area because: the elevation of the land and available land for generator placement
  2. The property is different in a meaningful way from other properties in the area because: the elevation of the land and available land for the placement of generator is limited
  3. The property is burdened more severely by the zoning restrictions because: the distance for placement is not suitable. Best effort was taken to maximize distance and was previously agreed upon with prior code enforcement officer for suitability.
  4. Because of the special conditions of the property, the proposed use of the property is reasonable because: the placement is out of the way of any potential hazard, inconvenience or obstacle

16.8.3 The variance is consistent with the spirit of the ordinance since: the generator is placed at the maximal distance from the right of way

16.8.4 Substantial justice is done because: every effort has been made to comply with the law

16.8.5 The value of surrounding properties will not be diminished because: the addition of a whole house generator increases respective values as well as the fact that surrounding homes also have generators

 

Mr. Blohm opened the public portion of the meeting.

 

There being no comment from the public, Mr. Blohm closed the public portion of the meeting.

 

Deliberations

 

Mr. Briggs said he thought the applicant was between a rock and a hill.

Mr. Blohm said it is what you have to do down there, there is all kinds of exceptions in that particular area, if we let them build they have to be able to put stuff  in various places that’s not normal.

 

Mr. Briggs made a motion to vote on the request from Jeff Osgood (agent) for Melissa A. Thompson Rev Trust (owner), for property located at 14 Edgemont Landing, Newbury, NH for an After the Fact Variance from the requirements of Paragraphs 5.9.1 of the Newbury Zoning Ordinance to permit the following: Placement of a generator in the right of way setback, Tax Map 007-088-092.

Ms. Holmes seconded the motion.

 

Roll Call Vote:

Henry Thomas voted to Grant the Variance from Paragraph 5.9.1 because he agrees it can’t be moved up hill, it would get into the slope of the septic field and that is against the rules of septic fields.

Katheryn Holmes voted to Grant the Variance from Paragraph 5.9.1 because it has been pointed out the septic leach field is right behind it and it can’t be moved up the hill any farther and the applicant did the best they could do.

Larry Briggs voted to Grant the Variance from Paragraph 5.9.1, this is the only place the applicant can go.

David Blohm voted to Grant the Variance from Paragraph 5.9.1, this is the only location to service this home.

Alex Azodi voted to Grant the Variance from Paragraph 5.9.1 because the applicant meets all the requirements of 16.8.

 

Mr. Blohm advised that the applicant or any party directly affected by this decision may appeal to the ZBA within thirty (30) days of the decision pursuant to RSA 677:2. Said motion must set forth, in detail, all grounds on which the appeal is based.

 

The Recording Secretary read into the record the following Public Notice:

Notice is hereby given that the Newbury Zoning Board of Adjustment will conduct a public hearing on the following proposal on Wednesday, November 9, 2022, at the Town Office Building at 937 Route 103 in Newbury, NH: At 7:10 p.m., Doug Gamsby (agent), Steven & Cynthia Gorey (owners), for property located at 17 Lakewood Manor Place, Newbury, NH, will seek a Variance from the requirements of Paragraph 7.4.2 of the Newbury Zoning Ordinance to permit the following: Installation of a septic tank & pump chamber within the 75-foot lake setback. Newbury Tax Map 019-701-512. Copies of the application are available for review during regular business hours at the Newbury Town Office building. Business hours are as follows: Monday, Tuesday, Thursday, and Friday from 8 am-noon.

 

Doug Gamsby, from Greenline Property Services presented to the Board.

 

Mr. Gamsby said when he was before the Board prior to tonight for a carport on the same property it was pointed out that a variance would be needed for the septic tank and leach field being less than 75 feet from the lake.

 

Mr. Blohm read from the minutes of the previous meeting with Mr. Gamsby, “they’re also going to install a new septic system to meet current State standards, septic tank and pump chamber are to be placed near the house and septic leach field will be replaced in the same location as the original on the far side of Lakewood Manor.”

 

Mr. Gamsby said the State rule for septic tanks and pump chambers is 50 feet as long as it is seal coated. Mr. Gamsby continued that the leach field is 600 feet up the road. Mr. Gamsby showed the Board the old tank and pump chamber location on the plan and said that because this area is now proposed to be a driveway and the tank is insufficiently sized, both of them are buried about three feet, but you can’t drive on them, so the proposal is to put in a new larger two compartment tank right next to it, cut back the deck a little bit, run it out and go into the same line that goes up to the field.

 

Mr. Gamsby said that there is an approved Shoreland Permit and the septic is approved by the State.

 

Mr. Blohm asked what will be done with the existing stuff. Mr. Gamsby said it will come out and get crushed.

 

There being no further questions from the Board, Mr. Gamsby addressed Article 16.8 of the ordinance:

 

16.8.1 The variance will not be contrary to the public interest because: The current septic tank & pump chamber are located in the area of a proposed carport driveway, as approved by the ZBA on March 16, 2022. A new septic tank & pump chamber are proposed to be installed nearby but out of the way of the driveway.

16.8.2 Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship:

  1. There are special conditions in the property that distinguish it from other properties in the area because: The lot is very narrow and is on a peninsula, limiting the width of the lot and 2 abutting lots. The lot was created as part of a subdivision in 1969, prior to Town zoning regulations.
  2. The property is different in a meaningful way from other properties in the area because: The lot is sandwiched between the Lake and private driveway, being less than 75 feet wide.
  3. The property is burdened more severely by the zoning restrictions because:  The entire lot is within the 75 foot building & septic setbacks. There is no location on the lot where the tank could be placed and be in compliance with regulations.
  4. Because of the special conditions of the property, the proposed use of the property is reasonable because: The new septic tank and pump chamber is in a single 2 compartment tank, and the tank will be seal coated & plumbed to current state standards and will have risers to within 6 inches of ground surface for easier access for repairs & maintenance.

16.8.3 The variance is consistent with the spirit of the ordinance since: The proposed tank location will be in compliance with NHDES Subsurface regulations, particularly sealcoated to prevent infiltration or exfiltration from the tank, have stronger piping into and out of the tank and have access to the ground surface with risers for easier access for maintenance & repairs.

16.8.4 Substantial justice is done because: The lot will be serviced by a new off-site septic system, meeting current State Standards.

16.8.5 The value of surrounding properties will not be diminished because: The lot will continue to have an operational septic system, benefitting the neighborhood and the Lake itself.

 

Mr. Blohm opened the public portion of the meeting.

 

There being no comment from the public, Mr. Blohm closed the public portion of the meeting.

 

Deliberations

 

Mr. Briggs made a motion to vote on the request from Doug Gamsby (agent), for Steven & Cynthia Gorey (owners) for property located at 17 Lakewood Manor Place, Newbury, NH for a Variance from the requirements of Paragraph 7.4.2 of the Newbury Zoning Ordinance to permit the following: Installation of a septic tank & pump chamber within the 75-foot lake setback. Tax Map 019-701-512.

Ms. Holmes seconded the motion.

 

Roll Call Vote:

Henry Thomas voted to Grant the Variance from Paragraph 7.4.2 reasoning is that it is the only place on the property to put the tank, by putting this coated tank in it’s going to be better than the exiting tank that is there.

Katheryn Holmes voted to Grant the Variance from Paragraph 7.4.2 given that the tank will be coated.

Larry Briggs voted to Grant the Variance from Paragraph 7.4.2 for the reasons articulated by Mr. Thomas.

David Blohm voted to Grant the Variance from Paragraph 7.4.2 because he feels all care has been taken to make this installation appropriate for the location.

Alex Azodi voted to Grant the Variance from Paragraph 7.4.2 because the requirements of Article 16.8 has been met.

 

Mr. Blohm advised that the applicant or any party directly affected by this decision may appeal to the ZBA within thirty (30) days of the decision pursuant to RSA 677:2. Said motion must set forth, in detail, all grounds on which the appeal is based.

 

Mr. Blohm made a motion to adjourn. Mr. Azodi seconded the motion. All in favor.

 

The meeting adjourned at 8:24 p.m.

 

Respectfully submitted,

 

Tiffany A. Favreau

Recording Secretary