ZONING BOARD OF ADJUSTMENT

Walpole, New Hampshire 03608

Minutes-----SPECIAL MEETING----02 October 2006.

Present: M. Mansouri, Ch., J. Galloway-Leclerc, L. Britton, L. Carignan (alt), B. Webb (alt).

Absent: L. Weber, L. LaClair

Recording: Pamela Aslinger, Secretary to the Planning Board for Ms. Weber

NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON 18 October 2006.

The meeting was called to order at 7:30PM. B. Webb and L. Carignan designated for L. Weber, L. LaClair.

Continued Public Hearing --- LaFayette Variance Request --- 454 County Rd. This hearing was continued from 25 September 2006. Ms. Mansouri asked the applicant to provide two pieces of information requested from the 25 Sept. meeting. 1) Mr. LayFayette ask for a waiver from the NHDES or 2) take new measurements on the lot and slide the mobile home down. Mr. Poisson provided new drawings (on file) showing the location of the site and measurements in relation to the septic system. He said he provided these maps to the NHDES last Friday and made an application for a waiver of their setback requirement. He said it was likely they would receive the waiver per NHDES because NHDES has allowed this type of waiver before, but Mr. Poisson said they would not have the waiver for 1 week to 10 days. He said the plan was done from the survey that Mr. Lawrence prepared and was signed by a licensed septic engineer. It shows the home on a concrete slab being one foot from the septic tank. He requested the Board grant the variance for the front (there is no place to move the site that will not require a variance) subject to obtaining the waiver from NHDES. They cannot build anything until the waiver is granted, he felt this was the final stage.

Ch. Mansouri called for questions from the audience, being none asked for comments from the Board. Ch. Mansouri said she contacted the State this morning and received a fax from the NHDES stating they did approve the waiver “Approval amended to grant a waiver to allow the existing septic tank to be 1’ away from a new mobile home on a slab.” effective 9/29/06. The Approval for Construction she received via fax (on file and attached to minutes) on 10/02/2006 also requires that “this approval is valid for 90 days from date of said approval, the existing system is to be discontinued and filled, and the approval is contingent upon obtaining state subdivision approval for the lot”, because it is less than 5 acres. She reiterated the statement regarding the waiver. She said she is concerned that the State subdivision approval is still pending for the lot. Mr. Poisson said his understanding of the lack of State Subdivision approval as explained to him by DES (this afternoon) was the result of an error in 1977 at which time it was overlooked when it was originally subdivided and was never recorded with the State, he said DES has a copy of the map Mr. Poisson gave the Board, the one they obtained from the Cheshire Registry of Deeds. Then in 1997 when Mr. McPherson submitted the septic plans, no subdivision number was given to them at that time. Now DES says they need to submit a subdivision form, and in fact both the Lafayette’s and the Mack’s properties are in violation because

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they do not have state subdivision approval. He said they have the form to be filled out and will submit it.

Ch. Mansouri asked to whom the form would be given, such as the Selectmen, once it is approved. Selectmen Sawyer said they would receive a copy of it in the office.

Ch. Mansouri called for Board action on the variance.

Mr. Webb stated they have requested a variance to the dimension to the road, he moved to approve the variance to the dimension to the road, subject to all the paper work being completed. Ch. Mansouri called for a second, Mr. Carignan seconded, further discussion.

Mr. Carignan asked if the Mack’s concerns had been addressed regarding the discontinuance of using the well and shed removal. Mr. LaFayette said he would be removing the shed once it was cleaned out and during construction. He said he would discontinue using the well. Mr. Poisson offered that the well will be disconnected in 30 days or less from the issuance of the building permit and the shed removed. Mr. LaFayette agreed.

Ms. Mansouri asked if members would like to amend the motion to include the well and shed information. Ms. Galloway-Leclerc amended the motion to include the Mack’s well disconnection within 30 days of the building permit and the shed removed from behind the house as part of the approval for the variance. Ms. Mansouri asked if the existing mobile home would also be removed. Mr. Poisson stated it would be removed during construction and taken to Charlestown. Ms. Mansouri called for a second to the amendment, Mr. Carignan seconded.

Cindy Westover, audience member and abutter asked for a clarification on the motion to make sure it included the State subdivision approval.

Ms. Mansouri stated the motion contained the state subdivision under the “paper work being completed”, and suggested the motion reflect the exact conditions wording in the faxed DES Approval for Construction be added. Ch. Mansouri re-read the conditions out loud 1)the approval is valid for 90 days from the date of said approval, 2) existing system to be discontinued and filled, 3) this approval is contingent upon obtaining state subdivision approval for this lot, *)approval amended to grant a waiver to allow the existing septic tank to be 1’ away from a new mobile home on a slab, waiver granted., thereby amending the first part of the motion regarding the “paper work” to include the conditions, members agreed. Ms. Galloway-Leclerc noted that condition #2 pertained to a prior septic system that is no longer in service and had been properly filled.

P. Aslinger asked if the Planning Board records had been checked to see if a State subdivision approval was part of the original subdivision. The records had not been checked, however since the State does not have a record of it, it is thought is does not exist. She said she would investigate and determine how the Planning Board approved the subdivision without it.

Ms. Mansouri reviewed the criteria as follows for granting the variance.

No decrease in value of surrounding properties would be suffered: Ms. Galloway-Leclerc said the new home would be an improvement, thereby not hurting the surrounding property values. Mr. Webb agreed. All were in favor.

Granting the variance must not be contrary to the public interest: Mr. Carignan

stated the Board had spent a lot of time in the review process and had been able to

Walpole Zoning Board of Adjustment Minutes 2 October 2006 page 3

address all the public’s concerns. Ms. Mansouri and Mr. Webb agreed. All were in favor.

Denial of the variance would result in unnecessary hardship by the owner seeking it:

Mr. Webb said the owner had already put a substantial time and effort in improving the property. Ms. Galloway-Leclerc said the small lot size and dimensions created a hardship for the owner. All were in favor.

By granting the variance substantial justice would be done: Mr. Britton said he thought with all the hearings and amendments to the plans, all the I’s had been dotted, t’s crossed, all issues had been taken care of, things brought out in the open, it had been a healthy review and substantial justice done. Mr. Webb agreed. All were in favor.

The use must not be contrary to the spirit and intent of the ordinance: Mr. Webb said the ordinance allows variances under certain mitigating circumstances, that this variance is allowable without compromising the ordinance. Mr. Carignan said it would be counterproductive to go back at this point since it had been allowed before. Ms. Mansouri agreed saying the applicant had been helpful in the long process. All were in favor.

Ch. Mansouri said the variance was granted, a follow up letter will be sent. Mr. Poisson thanked the Board.

Cindy Westover approached the Board noting that the waiver was on hold as of this afternoon 4PM, she had been in touch with DES after Ms. Mansouri received the fax. Ms. Westover said Mr. Poisson knew the State had not granted the waiver even though Ms. Mansouri had been faxed. It was agreed that the Selectmen could not give them a building permit without State Subdivision approval. Mr. Webb said the ZBA would be watching and following up on the conditions set forth in their granting the variance. The Board would consider a compliance hearing.

Meeting was adjourned at 7:50PM

Cc: All ZBA members, PB, Town Offices

Posted: Town Hall, Lobby, Burdick’s Market, Town website