Minutes—SPECIAL MEETING--25 September 2006.

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

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

The meeting was called to order at 7:30 PM. The first public hearing was deferred as the applicants had not yet arrived.

Continued Public Hearing—LaFayette Variance Request—454 County Road This hearing was continued from 20 September 2006. Mr. Webb continues as a voting member. Ms. Mansouri noted that the Board made a site visit to the LaFayette property on Saturday, 23 September at 1:00 PM. Ms. Weber read measurements taken at that visit into the record. The septic tank is 5’4” from the edge of the existing mobile home, which is 14’ wide. From the far side of the mobile home to the Mack’s well is 70’7” so the approximate distance from the Macks well to the septic tank is about 90 feet. From Peter Graves’ well to the leach field is approximately 79 feet. Ms. Weber also verified with Mr. Poisson, speaking for Mr. LaFayette, that the width of the proposed modular home is 28 feet, and the 23 feet in the application is a typographical error. Ms Mansouri read for the benefit of the public Mrs. Mack’s letter to the Board dated 17 September 2006, and Attorney Kenyon’s letter to the LaFayettes dated 29 June 2006.

Ms. Galloway-Leclerc said her husband is a licensed septic installer, and he says that federal and state regulations require a septic tank to be 5’ from the edge of a foundation, and 10’ if a footer drain is installed. The Department of Environmental Services Subsurface Bureau was contacted, and they confirmed these requirements. Mr. Poisson clarified for the benefit of Ms. Weber that the string line seen at the site visit represented the setback requirement, not the location of the new dwelling. If the back line variance is allowed, the edge of the new dwelling would be where the edge of the current mobile home is. If the front variance is allowed, the new dwelling will be less than 5’ from the septic tank. Mr. Britton said there is a hardship with respect to this lot. Ms. Mansouri and Mr. Laclair asked about the possibility of moving the house site 20 feet or so north so the septic tank is not a problem. It was noted that the property drops off in that direction so that the foundation would have to be raised.

Mr. Britton said that if the house was moved back to 12’ from the Macks’ line, then the septic tank would not be an issue. Mr. Poisson said they were not considering that as an option, as it would cause even more problems with the neighbors. He suggested asking DES to waive the 5 foot requirement, and reiterated the 5’ requirement would be preserved if the rear variance were granted, allowing him to use the existing portion of foundation, about 17 feet from the Macks’ line. Mr. LaClair said that 4’ over a 60’ run is not that much to build up a foundation if the building were shifted. Mr. Britton noted that it would still need significant fill to get an adequate drop for the septic. Peter Graves spoke for the Macks and said they were still not in agreement to anything closer to 20 feet from their line, and they would like that setback preserved. Mr. Britton pointed out the hardship with respect to the slope of the lot, something we consider regularly in granting variances. Mr. Graves said it was for the Board to determine, but there is no need to be closer than 20 feet to the Macks’ property. Ms. Weber asked if we could grant the variance from 65 foot requirement to the center line of the center line of the highway, preserving the 20 foot setback in back, and leave the LaFayettes to see if DES will allow the installation. Mr. Poisson said that that the front variance would still leave one foot between the building and the septic tank, and he thought that the Department could be dealt with.

Ms. Mansouri asked when the LaFayettes would cease using the Macks’ well. Mr. Poisson said that the new well will be hooked up when the excavation is done for the foundation. He expects completion within 60 days. Mr. Westover asked if this lot has had previous variances granted, and each required a finding of hardship, how many hardships are the Board going to consider? Ms. Weber said we have to consider each application on its own merits. Mr. LaClair asked if there is now an agreement about the location of the back line, and Mr. Poisson said there is. Mr. Webb asked if the well is the water source for the Macks’ house. Mrs. Mack said it is her backup water source. The LaFayettes’ use of the well restricts her ability to use it to water her garden. Mr. Mack said the well is 10’ from the property line. Mr. Webb asked about the septic tank. Mr. Poisson said they will have to deal with DES if the front variance is used. Mr. Webb said the Macks are the best judge of problems with their use of their property if the building is less than 20 feet from their line. The front variance has the problem with the septic tank. The third option, moving the site 20 feet north, will require fill. He doesn’t think the state will allow the foundation so close to the septic tank. Mr. Poisson suggested we grant the front variance, and they will check with the state, and if they won’t allow it, they will move the house 20 feet north. Ms. Mansouri suggested we recess the hearing, have the LaFayettes call DES and get permission, and then we can decide the matter. Mr. Poisson said that Mr. LaFayette would agree to move the house 20’ to the north. Mr. Graves asked if there would be new drawings so we could ensure the house wasn’t being moved in several different directions, and is there some way of verifying that the 20 foot rear setback could be preserved. Ms. Weber said we can make preservation of the 20’ setback a requirement, so if there were any question, the selectmen, who have enforcement authority, could be asked to verify the measurements.

Mr.Webb said that the sketches of the land within the setbacks indicated there was a bit more wiggle room if the house were moved north, and in that location it might not even need a variance. The point is that they should have measured the space within the setbacks so they knew what they were dealing with. Mr. Poisson said that in April, they thought they complied with all the setbacks and got a valid building permit. It was not til they got Mrs. Mack’s communication that they knew they had a problem with the setbacks. Mr. Webb said he still thinks that if the site is moved 20’ north, they might not need a variance. Mr. Britton said getting closer to the road is not good, as it is getting more and more traffic. Ms. Mansouri said the situation is so contentious, she believes the Macks’ feelings must be taken into consideration. Ms. Weber said she was not comfortable dealing with a new location without a specific map. Mr. Carignan asked if the septic tank could be moved, could we approve the front variance as set out specifically in Plan B. Ms. Weber said she would agree with that. Mr. Webb said he still thinks moving the house north would require less of a variance. He agrees with Ms. Weber that if we had a new plan, people with concerns could see what was proposed. He said we need some more time. Mr. Graves asked if we were going to vote on the two proposals that were already before the Board. Mr. Poisson asked that we act on the front variance subject to DES approval or table the matter so they can produce a new drawing, rather than dismissing or voting down the proposal, to avoid having to re-notice a new application. Ms. Mansouri said she would like either a letter from DES approving the front variance site, or a new plan showing the house site if it is moved 20 feet. Mr. LaClair said we need to be sure we can find distances we can all agree on. Mr. Britton said the lines were all clear when we did the site visit. If we do the 20 foot move north, then we need some remeasuring. Mr. Poisson suggested we table the matter til next Monday night. Ms. Weber said the Board will need either a letter of approval from DES for the plan already submitted or a plan of the new site. It was moved and seconded and unanimously voted that the matter be recessed until Monday, 2 October at 7:30 PM in the Town Hall. Ms. Weber and Mr. LaClair will be unable to attend that meeting. Ms. Weber noted that Mr. Carignan has participated in all the meetings pertaining to this matter, so he could be appointed a voting member, and that a secretary will be needed for the meeting. The hearing was recessed and will be continued until a Special Meeting on Monday, October 2, at 7:30 PM at the Town Hall for any further testimony and deliberations.

Respectfully submitted,

Lucy McVitty Weber