Zoning Board of Adjustments - Minutes
ZBA Town of Epsom Zoning Board of Adjustment
11/2/16
In Attendance: Glenn Horner, Chairman; George Carlson, Vice Chairman; Alan Quimby; Gary Kitson, Alternate; Darlene Phelps, Recording Secretary
Not In Attendance: Ricky Belanger; Mike Hoisington, Alternate; Andrew Ramsdell, Alternate
7:00 PM Glenn called the meeting to order and introduced the members of the board. Glenn advised the applicant that there are only 4 board members tonight and gave her the opportunity to postpone this public hearing to a time when there are 5 members in attendance; she would like to proceed tonight. The minutes of 10/5/16 were reviewed. Gary made a motion to approve the minutes as amended. George seconded the motion. All in favor.
Glenn explained the procedure for the meeting.
Case 2016-06 (Breen – Variance) – Joann Breen, on behalf of MJM Realty Trust, has applied for a variance to Article II, Section A.2 (i.e. All lots shall contain a minimum 2 acres with 200’ of public road frontage) to allow for the merger of two pre-existing, non-conforming lots into a single non-conforming lot. The merger is being sought following the replacement of a seasonal dwelling on lot 9, a portion of which was constructed on lot 8. The property is located on Lake View Road (private) within the Residential/Agricultural Zoning District and is identified on Epsom Tax Map U-19 as Lots 8 and 9.
Glenn advised that this public hearing was properly posted in two public places, as well as advertised in the Concord Monitor. All abutters were notified by certified mail and all return receipts have been received with the exception of Agnes Stevenson. The envelope addressed to Henry Hill and Audrey Davis was returned as undeliverable.
Joann Breen’s attorney, Ari Pollack, was sworn in and addressed the board.
He advised that Ms. Breen was granted a variance in 2014 to construct a new home on lot U19-9-0. They began building the new house and decided to add a porch on the side of the house facing the water. By doing so, they encroached on the required 50’ setback by approximately 12’. In an effort to allow plenty of room, they moved the house back 20’. This caused the southeast corner of the house to be placed over the property line of the abutting lot #U19-8-0. Joann Breen owns both lots and so would like to merge the two lots.
Lot #U19-8-0 already contains an existing seasonal cottage with one bedroom and they would like to retain use of that cottage.
There was a brief discussion about what ordinance this request is a variance from.
Attorney Pollack has the opinion that by combining the two non-conforming lots the new lot would be more conforming because it will be larger. Glenn stated that it does not make it more conforming as the result would be doubling the number of dwellings on the new lot.
Glenn asked if they have a building permit and Atty. Pollack responded that they do have a building permit. Glenn asked what the circumstances were that prevented the contractor from knowing that the new location would not be on the correct lot.
Atty. Pollack said that the deed gave a vague description of where the property line is; one way of looking at it shows it in one place, which caused the encroachment, the other way of looking at it shows it is located on the correct lot (while still likely violating the setback requirement from a property line).
Joann Breen was sworn in. She stated she received a building permit in May 2015. The property was staked out by their surveyor, Carl Sherbloom, who was following the vague references in the deed which caused the line between her two properties to be misinterpreted. Her surveyor then became ill and a new surveyor, Meridian, was hired and they determined the error.
She said her deed references two permanent pins on the shore and state that the property line goes north, whereas when going from the flags on the road (which have been moved a couple of times), the property line goes northwest… causing confusion about where the property line is.
They do have a septic design but the state will not issue an approval because of the encroachment. Joann said the existing cottage was built in 1962. It has a 1000 gallon septic tank that is pumped. George suggested making the new septic system large enough to accommodate both the new house & the existing cottage. Joann is amenable to this.
The existing well is located on Lot U19-9-0. Joann stated that currently the cottage uses pond water, but once this lot merger is complete both dwellings will be served by the well.
Glenn asked if there are any abutters in favor of the application. There are none.
Glenn asked if there are any abutters opposed to the application. Ron Powers was sworn in. He is here on behalf of Agnes Stevenson who asked if the new structure will be for full time or seasonal use. The board responded that the new dwelling is permitted for seasonal use only; it is not for year-round occupancy.
Tom Fosher (lot 7) was sworn in and said that a survey was done on lot 6 and the property lines keep moving around every time a survey is done. He would like to see a full survey so everyone knows where their property lines are. Atty. Pollack responded that a full survey isn’t really needed for this, but they would be very happy to share the information they have to help them determine their property line. Glenn agreed.
Judy Fosher was sworn in and stated that she has an old deed that shows that the Breen’s driveway is on her property. Atty. Pollack responded that there’s obviously a survey issue, but it is not relevant to this application. Glenn added that it would behoove the property owners in that area to all hire the same surveyor and resolve these issues.
Phil Donovan owns lot 6 (70 Lake View Road). He was sworn in and said when he purchased his property a few years ago; he hired David Noyes to survey their side of the road, though David said this area was surveyed in the 90’s. He said he will share the information he has. He is concerned that by combining the lots it allows for the property to be developed even further. He’s also concerned that by not knowing where the property line is, they risk placing their septic on someone else’s property.
Atty. Pollack stated that the idea of further developing the new lot would require a whole lot more relief that he’s confident they would not receive.
Glenn also responded that the new structure is being placed just within feet of the property line, of property that Ms. Breen owns and it is clear that it would not be placed on anybody else’s property. Glenn stressed that the importance of all property owners getting together and have their property surveyed if there is a strong concern.
Ron Powers spoke again about the property lines that have been surveyed.
Jay Hickey said that if this variance is approved it should be noted that the existing cottage is also subject to seasonal use only from May 15 – Oct 30.
Norm Yeaton, 24 Lake View Road, is concerned that the contractor built a building over the property line. He doesn’t feel it matters that it is on their own property vs. on someone else’s property. Glenn responded that the problem came about because the initial engineer placed the line in the wrong place and the new engineer discovered the problem.
Gary made a motion to close the public hearing. George seconded the motion. All in favor.
8:20 PM – 8:30 PM Break
The checklist was reviewed.
Question A. All members answered yes.
Question B. All members answered yes.
Question C. All members answered yes.
Question D. All members answered yes.
Question E. All members answered yes.
Question F. (1) All members answered yes.
Question F. (2) All members answered no.
Gary made a motion to approve the variance request with the following conditions:
- Both dwellings on the newly merged lot shall be used on a seasonal basis from May 15ththrough October 30th.
- A septic system shall be designed and constructed for both dwellings and be approved by the New Hampshire Department of Environmental Services (NH DES). NH DES approval shall be submitted for review by the Zoning Compliance Officer prior to issuance of an occupancy permit for the new residence being constructed on the property.
- The water supply for the existing seasonal cottage shall be tied into the new well.
George seconded the motion. All in favor.
8:40 PM Old/New Business
Glenn provided a couple of updates on upcoming cases.
9:00 PM Alan made a motion to adjourn. Gary seconded the motion. All in favor.