The Zoning Board of Adjustment
Town of Francestown
Francestown, New Hampshire 03043
August 11, 2011
PROPOSED MINUTES
Zoning Board Members Present: Charles Pyle (Vice-Chair), Susan Jonas, Jan Hicks, Lois Leavitt, Mike Jones.
Applicant: Ann Montgomery, William Phillips (Attorney for Applicant), Sharon Monahan (septic designer).
Audience Members Present: M. Tripp, E. Graham, E. Stubbs, M. Hackett, H. Woodbury, T. Lowery, B. Lindgren.
Charles Pyle brings the meeting to order at 7:35 pm. Barbara Martin is taking the minutes.
Adoption of By-Laws and Election of Officers
Chairman Pyle explains that the By-Laws for the ZBA must be adopted at the first meeting following Town Meeting.
Pyle moves to adopt the By-Laws inexistence. Leavitt seconds. All in Favor. Motion passed.
Pyle moves to elect Silas Little as Chair. Jones seconds. All in favor. Motion passed.
Jones moves to elect C. Pyle as Vice-Chair. Leavitt seconds. All in favor. Motion passed.
Pyle advises that S. Little has been handling the duties of clerk, and would continue to do so.
Application for Variance by Ann Montgomery
C. Pyle advises the Notice of Hearing was published in the Monadnock Ledger on July 28, 2011, as well as being posted at the U.S. Post Office in Francestown and at the Town Office. Pyle reads the Notice of Hearing as follows:
TOWN OF FRANCESTOWN
NOTICE OF PUBLIC HEARING
ZONING BOARD OF ADJUSTMENT
Notice is hereby given that a hearing will be held at Town Offices, lower level, 27 Main Street, Francestown, N.H. on Thursday, August 11, 2011 at 7:30 pm concerning a request by Ann Montgomery for a variance to the terms of Article II-A, Section 2.5(a)(1) and Section 6.4(1) to permit construction of a septic system less than the required distances of 100 feet from wetlands and 125 feet from shore lands.
The lot for which the application is made is tax map 19, lot 16, 1202 Pleasant Pond Road, Francestown, N.H.
The applicant seeks relief to construct a septic system within the setback exclusion distances.
The application will remain on the board’s agenda until a decision is rendered.
Silas Little for the Board
21 July 2011
Pyle advises the Board of a similar application in 2009 which the ZBA approved. Regarding this application, board may wish to do a site walk.
William Phillips, attorney for the applicant presented the board with a revised map and amendment, as well as supplemental information. The septic tank is 63 feet from the wetlands and 52 feet from the shore land. The leach field is 72 feet from the wetland and 114 feet from the shore land.
The Montgomery family owns several lots. A cottage on one of the lots has never had a septic system, only an outhouse. They would like to install a septic system for the two-bedroom seasonal cottage. Applicant is willing to restrict the use of the cottage to only seasonal use by way of recorded covenants, etc. The applicant wishes to both upgrade the property, as well as protect the water system.
Attorney Phillips addresses each criteria:
- A modern tank and leaching system is an improvement and is not contrary to the public interest.
- The spirit of the ordinance is to protect ground and surface water from contamination. Granting the variance and allowing a State approved septic system to be installed, will ensure this.
- Substantial justice will be done, as a variance will benefit both the public and the property owner.
- The value of the surrounding properties will not change, nor will the use of Lot 16. The septic system will bring Lot 16 into conformity with surrounding properties, as well as protect the ground and surface water.
- Literal enforcement would be a hardship for the applicant, as it would prevent them from installing upgraded and more sanitary facilities.
Phillps also pointed out that the State’s required setback is reduced to 50 feet if the system includes a watertight tank. The proposed system does include a watertight tank, and the leach field, although located on Lot 15 (which already has a leach field) is completely independent of that system.
Pyle described the location of the property in which a prior variance had been granted. Pyle asked if the proposed system for the property in discussion is similar to the previous system.
Phillips advised the previous system included a water tight, plastic tank. The plastic tank is lighter, as the logistics of installation on the property made it necessary --- it would have been very difficult, if not impossible to install a heavier concrete tank. The proposed system for Lot 16 is a watertight concrete tank, which is heavier and preferred. There will also be a pump to move effluent to the leach field.
Montgomery advised that any disturbance is in an already disturbed area. The culvert crossing will not be disturbed, as a sleeve was already placed there.
Questions from the Board
The Board did not express any further questions at this time.
Statements in Opposition
Bob Lindgren, representing the Francestown Conservation Commission advised the Conservation Commission voted unanimously to recommend to the ZBA to not allow this variance for the same reasons as the prior variance (which it also opposed). ConCom believes the property is over developed and too heavily populated during the warm season. ConCom believes an outhouse is superior as very little water is put into the pit; therefore waste will decompose with out going too far a distance. A leach field and well will add more water and other substances (detergents, etc.) into the ground, wetland and pond. Pleasant Pond is the headwaters of the Piscataquog River, and as such the addition of a septic system is contrary to the public interest. ConCom recommended a seasonal use restriction
for Lot 15. Lindgren express ConCom’s concern over the issue of a loss of power and the effect it will have on the pump when it is not able to run. Recommended the system installed by the Hacketts --- a closed system where “only clean water comes out.” No unnecessary hardship would result, as the property has been used as is for the past 100 years.
Counter Comments
Phillips reiterated the use of the property is and will be strictly seasonal. The system will comply with all State regulations. A watertight tank will be installed and therefore will fall within the 50-foot setback. DES prefers a leach field be installed. Owners could install a generator to deal with any loss of power issues. Phillips pointed out the issue at hand is not how the property was used in the past, but rather how it is to be used now.
Monahan, the septic designer for the applicant advised the dwelling is not a shack and the State is treating it as a new construction. Monahan advised you can’t get a building permit without a state approved septic system. Monahan spoke with Waste Water Alternatives and said the preferred system is a traditional system, not a Clean Solutions system, as it is a smaller system.
Pyle discussed the Hackett’s system --- a Clean Solutions system.
Discussion Opened to Anyone
H. Woodbury stated he owns two lots and has septic systems. He has never had a problem with power outages in the 60 plus years he has used the properties. As president of the Pleasant Pond Association, he advised they test the water on an ongoing basis, and the water consistently tests very clean.
M. Hackett advised she has the Clean Solutions system and supports the Montgomery Family. Regarding the issue of power outages, outages are rare during the warm months. An alarm system installed takes care of calling the power company in the event of a power outage. Their system is a three-chamber system and is completely contained.
B. Lindgren expressed concern whether or not all State standards have been met. The State has not yet given a permit, and may not give one. Advised the bacteria are not going to flow into the pond via the outhouse. The bigger concern is what people will put down a drain. Viruses can travel 500 feet and detergents, salts, etc.; can go through the soil into the pond. An outhouse is approved within 125 feet. ConCom is also concerned about the position of the leach field next to the existing one.
There is discussion over gray water, washing dishes, etc.
ConCom is concerned about the number of septic systems and the problem of dumping gray water onto the ground.
Monahan, a wetlands scientist, advised the setback in sandy soil is 125 feet. Hand pan setback is 100 feet. All others --- which this is --- the setback is 75 feet. She has assurances from the state that the state will approve if the town approves.
There is further discussion about the 2009 variance.
Phillips advised of a correction to page 2 of the supplemental documents submitted. Correction was noted in the file.
L. Leavitt advised she owns a cottage on Pleasant Pond.
Board discussed performing a site walk. A site walk will be conducted on Friday, August 26 at 9:00 am. Board will meet in the lower level of the Town Offices following the site walk and will render a decision at that time.
Pyle discusses the criteria necessary for a variance, and expresses his belief that all criteria have been met.
Board discussed they may require a covenant be recorded prior to any variance being granted. Board discussed having the same conditions as were required in prior variance:
- Recorded Covenant.
- Septic system for seasonal use only.
- No dishwasher or garbage disposal installed.
- Copy of recorded septic easement.
- Septic will be for the cottage.
- Constructed as shown.
Motion to adjourn by Pyle. 2nd by S. Jonas. Meeting adjourned at 8:50 pm.
Respectfully Submitted
Barbara Martin
Minutes Clerk
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