BOARD OF ADJUSTMENT TOWN OF JACKSON
PO BOX 268, JACKSON NH 03848
MINUTES OF THE PUBLIC HEARING - AUGUST 27, 2008
Case 2008 - 04 McCleary - Application for a Variance from Sections 2.2.3; 4.3.1.2; and 4. 3.1.3 in order to replace and enlarge a pump house and well filtration system that serves 4 homes.
Minutes Approved September 3, 2008
Members in Attendance - Frank Benesh, Ted Brown, Debbie Crowther and Helene Matesky and alternate Paul Belluche. Joan Davies and David Urey informed the Chairman they were unable to attend.
Others present: Gail Erickson, Jacquelyn Jones, Bob Kantack, Francis X. Lyons and Marilyn Lyons.
Chairman Benesh opened the Public Hearing indicating the voting members tonight will be the 4 full members and alternate Paul Belluche.
Fran Lyons distributed several documents to the Board confirming that he was appointed to represent the property owners. In addition, he provided detailed drawings of the proposed new pump house and a plot plan showing the location of the property. Fran explained that the surveyor had difficulty completing (in time for this hearing) a more detailed plot plan showing the location of the existing building in relationship to all setbacks. The surveyor was unable to locate many surveyor pins in the area and had to rely on several which were a distance from the property.
The Chairman asked Fran to provide background on the proposed project and explain why a variance is requested. Map R12, Lot 16-B is 20ft by 20ft and currently has a pump house 7.5 ft by 7.5 ft. There are four owners of the lot, each of whom owns a separate lot on which their own house is located – Millward R12 Lot 15; Anderson/ Kornerup – R12 Lot 17; Swan R12 Lot 40; and McCleary R12 – Lot 41. He applied for a building permit but was denied by the Selectmen because the existing building is within the front and side setbacks; on a non-conforming lot; and the project would increase the volume of a non-conforming building.
The owners hired FX Lyons to do some work on the well due to continued problems with flooding on the lower level. As part of the process, water tests were done which indicated elevated arsenic levels. Therefore it is necessary to replace the existing building with a new 8ft by 12 ft pump house to house the appropriate filtration system.
Ted Brown stated that this well has been in place for a long time and asked if it is a state requirement to routinely test wells that are shared by several households. Fran replied that it is not required and the arsenic was only recently discovered.
Helene Matesky pointed out that the information submitted to the town with the building permit indicated that the lot size was 30ft by 30ft but that both the surveyor plot plan and the deed indicate the lot is actually 20ft by 20ft. Fran responded that he was using the information on the town tax records stating the size, but now confirmed the lot is actually 20ft by 20ft.
Chairman Benesh asked if Fran could explain the feasibility of other options the owners have considered and the costs associated with them.
Fran explained that the total cost of the new pump house and well work is approximately $23,000. He explored the possibility of installing arsenic filtration systems in each of the 4 homes but this would add another $10,000 for a total project cost to the owners of $33,000. In addition he explored the possibility of purchasing a portion of the abutting property, from the Town of Jackson, but the legal costs and time involved to pursue this would not make it a viable option.
Helene Matesky asked how Fran planned to proceed to install the new building on such a small lot. He responded that due to size constraints of the property he was currently thinking he would have to demolish the existing building in order to locate the new one, but planned to put it further back on the lot. He said the current building is a two story building, with water storage tanks in the lower level. He said that due to the flooding problem the new building would be a one-level, 8ft by 12 ft building that is the smallest he can build in order to house the necessary equipment.
Due to the surveyor’s problems he did not have accurate drawings but requested that the Board considered granting the variance tonight. He stated that Board could approve on the condition that all surveyor pins be in place prior to construction; and with the assurance that the new building be positioned within the site but further back.
Bob Kantack requested that the Board approve the variance in order to resolve the safety issues for the owners. He mentioned that the McClearys had recently sold their home and the new buyers were anxious to resolve the issue prior to the final closing.
Gail Erickson also asked the Board to approve the variance in order to solve the water safety issues for the new owners. She explained that she is assisting in the sale of the property and felt that because the setbacks are improved due to the new building location; the Board should resolve the issue as soon as possible
No one spoke in opposition to the variance and Chairman Benesh closed the public input portion in order for the Board to begin deliberations.
Ted Brown said that he felt that the Board should not vote until an accurate plot plan was submitted. He felt that there were too many outstanding issues about the project.
Paul Belluche felt that the Board could consider voting tonight in order to address the safety issues but that we should consider attaching appropriate conditions.
Helene Matesky pointed out that a variance is necessary from the setbacks and also from Section 2.2.3 referring to increases in volume to non-conforming building. She asked the Board to consider the nature of the lot in question as it was specifically created for a well only. Although it is a non-conforming lot, it is difficult to apply the Zoning Ordinance as written to a lot that was not created as a site for housing. She felt that some kind of relief needed to be considered in order to address the safety issues for the owners.
Both Debbie Crowther and Ted Brown felt that the Board was trying to expedite the issue but that a one week delay to wait for a complete set of drawings would not make that much difference.
Helene asked if Bob Kantack could provide background on how a 20ft by 20ft, non-conforming lot was created in 1985, but he referred the question to Jacqui Jones. She responded that she was a member of the Planning Board when the town voted to disband it, thereby making the Zoning Ordinance invalid. During the period when the town was without zoning, an attorney created the well lot.
Chairman Benesh read through all the variance criteria in order to make sure the Board had all the information necessary for a vote. He stated that he requested a detailed plot plan when he scheduled the Public Hearing and it was unfortunate the detailed information was not available.
Debbie Crowther made and Ted Brown seconded, a motion that the Public Hearing be adjourned until Wednesday, September 3, 2008 in order for the applicant to provide a more detailed plot plan showing the lot lines for the property, and the location of the existing and proposed buildings to the setbacks. The motion passed with all voting in the affirmative.
The Board moved on to a business meeting and all members voted to approve the minutes of the August 20, 2008 meeting.
There being no further business, Chairman Benesh adjourned the meeting at 8:25 PM.
Helene Matesky, Clerk
Board of Adjustment
August 28, 2008
PUBLIC COMMENTS/CHANGES – Changes in writing should be sent to Frank Benesh, Chairman, Jackson Board of Adjustment, PO Box 268, Jackson, NH 03846 within 7 days, in order for consideration by the Board at the next meeting.
A complete set of the By-Laws and other Board of Adjustment (ZBA) information can be found on jacksonvillage.net under Boards and Commissions.
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