The Zoning Board of Adjustment
Town of Francestown
Francestown, New Hampshire 03043
August 26, 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).
Members of the Public Present: H. Woodbury.
Charles Pyle brings the meeting to order at 9:48 am. Barbara Martin is taking the minutes.
At 9:15 am the members of the Board performed at site walk and viewed the location of the proposed system, as well as the distances from wetlands and shorelines.
Application for Variance by Ann Montgomery
Hearing is Open to the Public for Questions
No questions or comments from the public. Pyle closes the hearing to public comments.
ZBA Discussion
The Board discusses and reviews the Ordinances: Article II-A, Section 2.5(a)(1) and Article II-A, Section 6.4(1), and the criteria discussed at the prior meeting.
- 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. The effected property has an easement.
- Literal enforcement would be a hardship for the applicant, as it would prevent them from installing upgraded and more sanitary facilities. The ZBA approved a similar variance previously, and should do so in this case.
Pyle suggests the Board grant the variance subject to the following conditions:
- The decision be reflected in a recordable covenant to the Town prepared by Ann Montgomery, or her attorney, approved by the Town and recorded at the Hillsborough County Registry of Deeds,
- The septic system shall be for only seasonal use of the cottage,
- No dishwasher and no garbage disposal shall be used in the cottage on Map 19, Lot 16
- The septic system shall be for the cottage on Map 19, Lot 16 only,
- The septic system shall be constructed as shown on the plan first referenced above, and
- A Septic System Easement without Covenants granting permission to install, maintain and repair an underground septic line and septic leach field (not septic tank) on property identified as Map 19, Lot 15 shall be recorded at the Hillsborough Registry of Deeds with a copy submitted to the Town and the Zoning Board of Adjustment.
Pyle moves to approve the conditions.
Sue Jonas seconds the motion. All in favor (5-0).
Pyle moves to grant the variance with the approved conditions.
Sue Jonas seconds the motion. All in favor (5-0).
Review of Minutes from August 11, 2011 Meeting
Amend minutes to reflect the continuance of the meeting to August 26, 2011.
Pyle moves to approve the August 11, 2011 minutes as amended.
Sue Jonas seconds the motion. All in favor (5-0).
Next ZBA meeting on September 8, 2011 at 7:30 pm: Village Store Expansion of Use.
Meeting adjourned at 10:10 am.
Respectfully Submitted
Barbara Martin, Minutes Clerk
| 
