Zoning Board Minutes

Meeting date: 
Monday, July 9, 2018

Zoning Board of Adjustment

July 9, 2018

Approved August 13, 2018

 

Members Present: Peter Fichter, Chair; David Blohm, Vice-Chair; Nancy Marashio, Reed Gelzer, Gary Budd, Members.

 

Mr. Fichter called the meeting to order at 7:04 p.m.

 

ADMINISTRATIVE BUSINESS

Minutes

The Board reviewed the minutes of May 14, 2018 and made corrections. Ms. Marashio made a motion to accept the minutes as corrected. Mr. Fichter seconded the motion. All in favor.

 

Discussion Regarding Article 21 Stormwater Management

Mr. Gelzer shared his thoughts regarding strengthening the requirements for applicants to include a Stormwater Management plan with all applications to the ZBA. Discussion followed. Paragraph 21.7 Design Standards for Permanent Stormwater Management and Erosion Control was reviewed. It was pointed out that there is currently no oversight on well-drilling next to the lake.

 

The Board agreed to table further discussion until later in the meeting.

 

At 7:15 p.m., Mr. Fichter introduced the Board and reviewed the hearing process with the applicant and members of the public.

 

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 Monday, July 9, 2018 at the Town Office Building at 937 Route 103 in Newbury, NH: At 7:15 p.m., Michael Hansen Properties, LLC, for property located at 17 Great Island, Newbury, NH, will seek a Variance from the requirements of Paragraph 7.4.2 of the Newbury Zoning Ordinance to permit the following: Construction and placement, of septic tanks and Clean Solution pre-treatment tanks within the 75’ lake and permanent stream setback.  Newbury Tax Map 016-759-136. 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.

 

Michael Hansen, Michael Hansen Properties, LLC, presented to the Board. He noted that he has an approved DES septic system for this property and, therefore, does not need to get a DES Shoreland Permit. He said the house is already existing and meets the state shoreland setback requirements. He said the house is 52 feet from the shoreland. He said he is seeking a Variance to permit the placement of a Clean Solution Pre-treatment septic tank within Newbury’s 75-foot setback from the nearest edge of Lake Sunapee.

 

He indicated that the leach field is 150 feet away from the house and that the Variance application is for the placement of the new septic tank. He noted that Charlie Hirschberg, CLD Engineers, designed the system. Plans are to remove the existing septic tank and replace it with a Clean Solutions tank. Mr. Hansen said Mr. Hirschberg designed several smaller tanks on the property because of the presence of possible rocks beneath the surface.

 

Mr. Hansen described the Clean Solution Pre-treatment septic tank as a system that helps solids settle and cleans the grey water before pumping it up to the leach field.

 

Mr. Fichter asked about the maintenance of the system. Mr. Hansen said it will be used for 2 to 3 months out of the year, so he plans to use the “stick” placement to determine if the tank needs to be pumped. If the stick indicates the tank contents is one foot high, then he will have it pumped out.

 

Mr. Hansen added that the house will not go “on line” until the new septic system is ready to go.

 

Mr. Fichter asked about the subsurface content of the leach field. Mr. Hansen said it is probably rocks and that he’ll put sand on that surface to build it up.

 

Mr. Fichter requested that an Erosion Control Plan be included to ensure lake protection during construction. Mr. Hansen noted that Mr. Hirschberg included silt fences on the drawing and silt socks placed throughout the site. He added that there will not be any drilling for a well. Residents will use the lake water.

 

There being no more questions from the Board, Mr. Hansen addressed Article 16.8 of the zoning ordinance:

 

16.8.1 The variance will not be contrary to the public interest because:  The use of this property will not change and the character of the island neighborhood will not be altered by the plan as proposed. It is the location of the existing home on this property that necessitates the particular placement of the septic tank and pre-treatment tanks. The existing home where the variance is requested is less than 75-feet to the water. In order to obtain gravity flow from the home to the septic tank and pre-treatment tanks, the tanks need to be less than 75-feet to the nearest edge of the lake.

 

16.8.2  Special conditions exist such that literal enforcement of the ordinance

results in unnecessary hardship,

There are special conditions in the property that distinguish it from other properties in the area because: The fact that the existing home on the property where the variance is requested is less than 75-feet to the water’s edge, the tank needs to be located less than 75-feet to the nearest edge of the water of Lake Sunapee in order to obtain gravity flow to the tanks.

 

Ms. Marashio pointed out that many other properties are close to the lake. Mr. Hansen said he isn’t going to tear down the 1910 camp and build a new house, like many other owners have done around the lake.

 

            b. The property is different in a meaningful way from other properties in the area because:  In order to serve the existing home it is necessary to place the septic tank adjacent to the house. This existing home pre-dates the current zoning ordinance associated with the Shoreland Overlay District requirement for house placement and septic tank (septic system) setback of 75-feet to the water’s edge. The topography of the immediate area of the house does not allow for the septic tank to be over 75-feet from the water’s edge. It is also important to note that the State requires a different setback for leach fields of 75-feet and a septic tank setback of 50-feet to the water’s edge.

 

The property is burdened more severely by the zoning restrictions because: The existing house location is so close to the water’s edge and the house location pre-dates the zoning ordinance.

 

            d. Because of the special conditions of the property, the proposed use of the property is reasonable because: It allows for gravity flow from the existing homes to the proposed septic tank location. The septic tanks and pre-treatment tanks are sealed and the effluent will still be pumped up to the leach field beyond 75-feet from the lake. The approach is consistent with the State’s (NHDES) regulations for septic systems.

 

16.8.3 The variance is consistent with the spirit of the ordinance since: It allows for these existing homes to be served by a State-approved septic system, protects against pollution, and still allows for the use of a leach field that is placed greater than 75-feet from the lake.

 

16.8.4 Substantial justice is done because: It allows this existing home to have a properly operating and fully functional septic system.  

 

16.8.5 The value of surrounding properties will not be diminished because: A State-approved septic system can serve these homes and protect against pollution of the lake. This helps protect the value of both the property served as well as surrounding properties.  

 

Mr. Gelzer expressed his appreciation that Mr. Hansen was addressing the challenges facing this property. The former asked whether obtaining “gravity flow” is necessary all the time for the system to function properly. Mr. Hansen said no, gravity flow is not necessary all the time. He said the object is to keep the solids in the tank long enough to let bacteria do its job rather than grinding up the solids and using a lift pump to get the resulting mix up into the leach field.

 

Mr. Fichter noted that this approach eliminates the need of adding another mechanical element (the grinder pump) to the system. He said more mechanical elements to the system presents more opportunities for the system to break down or malfunction.

 

There was discussion regarding the wording of the variance and whether or not clarification is needed with each application. The Board concluded that the wording is sufficient and that each application does, indeed, require clarification and that is part of the presentation, Board questioning, and Board deliberations.

 

Mr.  Blohm asked about placement of the pipes running up the hill to the leach field. Mr. Hansen said he intends to place the pipes under the ground. He added that there will be a check valve included and a tiny hole will be put into the pipe for drainage.

 

Mr. Budd asked what the alternative is to installing this proposed system. Mr. Hansen said the existing system is not usable and, therefore, the property is not usable.

 

Ms. Marashio complimented Mr. Hansen on the inclusion of photos so the Board can clearly see the topography and the challenges it presents.

 

There being no further questions from the Board, Mr. Fichter opened the public portion of the meeting.

 

            Hank Thomas, Newbury Fire Chief, stated that the proposed system presented by Mr. Hansen is a good system and that he (Thomas) was in support of the proposed application.

 

There being no further comment from the Public, Mr. Fichter closed the public portion of the hearing and the Board went into deliberations.

 

Mr. Fichter expressed the hope that this system will herald other similar septic systems on Great Island for the other property owners there. He commended Mr. Hansen on his careful examination of the property restrictions and his working within the topographical constraints of same.

 

Ms. Marashio concurred, adding that this is the best solution, given the steep hill behind the house.

 

Mr. Gelzer agreed, adding that this is a positive plan for what has been a troubled situation on the Island.

 

Mr. Blohm expressed concern regarding the proposed removal of trees on the property and how that will affect the topography. Mr. Hansen noted that 5 to 6 big trees and several small trees are targeted for removal on the leach field site. He said the area will be covered with loam and wood chips following the tree removal.

 

There being no further discussion from the Board, Mr. Fichter called for a Motion to Vote.

 

Mr. Blohm made a motion to vote on the request from Michael Hansen Properties, LLC, for property located at 17 Great Island, Newbury, NH, to seek a Variance from the requirements of Paragraph 7.4.2 of the Newbury Zoning Ordinance to permit the following: Construction and placement, of septic tanks and Clean Solution pre-treatment tanks within the 75’ lake and permanent stream setback.  Newbury Tax Map 016-759-136. Mr. Gelzer seconded the motion.

 

Mr. Fichter voted to Grant the Variance from Paragraph 7.4.2.

Mr. Budd voted to Grant the Variance from Paragraph 7.4.2.

Mr. Blohm voted to Grant the Variance from Paragraph 7.4.2.

Mr. Gelzer voted to Grant the Variance from Paragraph 7.4.2.

Ms. Marashio voted to Grant the Variance from Paragraph 7.4.2.

 

Mr. Fichter advised Mr. Hansen that he or any party directly affected by this decision may appeal to the ZBA within thirty (30) days of the decision as per RSA 677.2.  Said motion must set forth, in detail, all grounds on which the appeal is based.

 

ADDITIONAL BUSINESS

The Board continued its earlier discussion regarding Stormwater Management Plans and the proposed requirement of including said plans with every application. Mr. Fichter agreed to speak with the Land Use Administrator regarding establishing a procedure of verbally informing each applicant of the Board’s particular emphasis on stormwater management plans pertaining to every application.

 

There being no further discussion, Mr. Fichter called for a Motion to Adjourn.

 

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

 

The meeting adjourned at 8:26 p.m.

 

Respectfully submitted,

 

Meg Whittemore

Recording Secretary