Zoning Board of Adjustments - Minutes (Draft)

In Attendance: Glenn Horner, Chairman; George Carlson, Vice Chairman; Alan Quimby; Ricky Belanger; Gary Kitson, Alternate; Mike Hoisington, Alternate Darlene Phelps, Recording Secretary

Not in Attendance: Andrew Ramsdell, Alternate

Also in Attendance: Don Harty; Jeff & Rachel Eames 

Case 2014-11-1 (Eames – Var. Reinstate) – Jeffery and Rachel Eames have applied for the reinstatement of a previously approved variance to Article III, Section G [Residential Single and Multi-Family Residences Requirements], Subsection 2 [Two-Family Residences] to permit the conversion of a single family residence to a duplex. The variance approval was suspended when it was learned that a portion of the residence was located on property which was not owned by the Eames. The property is located on Meadow Lark Lane within the Residential/Agricultural and Residential/ Commercial Zoning Districts and is identified on Epsom Tax Map U-01 as Lot 112, Sub-lot 6.  

7:03 PM Glenn called the meeting to order. The minutes of 11/16/16 were reviewed. Mike made a motion to approve as amended. Alan seconded the motion. All in favor.

The notes from 12/7/16 were reviewed by George & Glenn. The notes were accepted as written.

Glenn reviewed the process for tonight’s meeting. The members voting on tonight’s case will be Ricky, George, Glenn, Alan and Mike. Jeff and Rachel Eames were both sworn in.

Glenn advised that this public hearing was properly posted in two public places and all abutters were notified by certified mail. All return receipts were received back with the exception of Jennifer McDonnell & Steve and Amy Hussey.

Tonight’s hearing is a request to reinstate a previously approved Variance that was suspended on October 29, 2014.

The variance was suspended when it was determined that the apartment the applicants wanted to rent was located on property not owned by them.

Glenn stated that he has a copy of the new deed & asked if they have any other evidence to present. Rachel said nothing has changed except they now own the property.

Glenn said the deed states that a plan has been prepared by Richard Bartlett and asked the Eames if they have a copy of that plan. Rachel responded that they do not have a copy, but that the copy we have on file from 2014 has been recorded at the Merrimack County Registry of Deeds. She stated nothing on that plan has changed. Jeff stated that the lot line adjustment was approved by the Planning Board.

Glenn is unable to find the plan in the ZBA file, so asked if it is possible that the plan was presented to the Planning Board not the Zoning Board and the Eames surmise this to be the case. Glenn also stated that this board has not received copy of the DES approved replacement septic system. Rachel responded that she has provided all of this material to the Planning Board.

Glenn advised her that the only evidence this board can review is what is presented to this board, we cannot go looking for our own evidence.

Rachel said that when this board asked for a replacement septic design that is when it was determined that they did not own the property. Rachel is upset that no one told her that she needed to bring any of her paperwork. Rachel would also like it noted in the minutes that a town employee signed off on 4 permits to have a garage built on the property, so it is unfair of this board to suggest that they should have known about this issue.

Glenn stated that in order to lift the suspension, the board needs to review all of the evidence, including reviewing the plan to ensure that all set backs are met, viewing the DES approved replacement system and the inspection report indicating the current system is working properly.

Rick noted that there is a law that requires a variance to be acted upon within two years, or it goes away, and that two years has passed. Glenn feels the applicants have acted upon it.

Glenn reviewed the original conditions that were placed on the variance.

• The expansion of the original property, Tax Map U-01, Lot 112, Sub-lot 6, by previously approved lot line adjustment to create a new combined lot of greater than 30 acres shall be maintained intact in order to satisfy the minimum lot size of 4 acres required for a two family residence.

• The new residence adjacent to the existing dwelling shall be restricted to one bedroom.

• The existing septic system for the new residence shall be inspected by a licensed septic system inspector. In addition, a new septic system shall be designed and approved by the New Hampshire Department of Environmental Services (NHDES) for replacement of the existing system. Should the inspection of the existing septic system be found unsatisfactory, or if it should fail at some time in the future, it shall be replaced with the NHDES approved system. A copy of a satisfactory inspection of the existing system and approved NHDES replacement shall be submitted prior to the issuance of a Zoning Compliance (Occupancy) Permit. If the existing system is found unsatisfactory, it shall be replaced with the NHDES approved system prior to the issuance of a Zoning Compliance (Occupancy) Permit.

• The enclosed corridor leading from the deck steps to the garage attached to the new residence may be removed at the owner’s discretion.
• George asked if the existing septic system has been approved by DES and the Eames replied no, but it has been inspected and determined to be working fine; and a replacement system has been designed & approved by DES.
• Rachel said the town has copies of all of these approvals.
• George noted that there is a new rule that went into effect in October that requires that any system that is not DES approved be replaced by a DES approved system.
• Glenn stated that this board needs to see
• * Copy of DES approved septic system   
• *Copy of inspection of working non-improved septic system
• *Plans showing all set backs
• 7:35 PM The Eames left to go to their Concord office and get the file that contains all their plans/approvals. Don Harty left the meeting at 7:45 PM.
• The board discussed the new law that George advised us of. It was discussed that the variance was approved in 2014 with the knowledge that we had at the time and how it met the public interest. This new law may affect how this application meets the public interest and could require a discussion with the town attorney.
•  8:25 PM The Eames returned
•  Jeff presented an 8-1/2” x 11” copy of their plot plan from their lot line adjustment as well as a copy of the septic system replacement design and approval letter from DES. There are no property lines on the septic system map and no septic system shown on the lot plan. Glenn asked if the septic system is fully on their property. The Eames responded yes.
• Mike asked when the property was purchased; Rachel responded that the purchase was made on March 26, 2013. Rachel expressed her frustration over the lengthy process and said the property is still empty. She stated that they have invested tens of thousands of dollars in this property and the rental unit is still unoccupied.
• Glenn noted that before the Eames left to go get their paperwork, George had advised the board of a new law regarding septic systems, and this new information leaves this board in a quandary. Glenn would like to consult our attorney since the variance approval was given prior to this new rule going into effect.
• We did a bit of research via cell phone to read the new rule on the DES website. It was decided to investigate this a bit further and continue to a later date. This board will consult with our attorney & the Eames will contact DES. The Eames would like a conditional approval, but the board feels we must have a meeting with our attorney. Rachel requested that our attorney call her as soon as he has a recommendation. They do not have an attorney on retainer on this case.
• Mike made a motion to continue to January 18, 2017. George seconded the motion. All in favor.
• 8:58 PM Alan made a motion to adjourn. Mike seconded the motion. All in favor.