BOARD OF ADJUSTMENT TOWN OF JACKSON
PO BOX 268, JACKSON NH 03848
MINUTES OF THE PUBLIC HEARING - September 3, 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.
Members in Attendance - Frank Benesh, Debbie Crowther ,Helene Matesky and alternate Paul Belluche. Joan Davies informed the Clerk she would be away.
Others present: Jacquelyn Jones, Bob Kantack, and Francis X. Lyons
Chairman Frank Benesh explained that this is a continuation of the August 27, 2008 Public Hearing for a variance to replace a pump house on a non-conforming lot. He indicated that there were only four voting members in attendance and advised the applicant that it only took an affirmative vote of 3 members to either approve or deny a variance request.
He asked Fran Lyons if he would like to reschedule the Public Hearing until there were 5 members present and advised him that a failure to have 5 members could not be used by an applicant as a basis for an appeal. Mr. Lyons stated he wanted to proceed with the hearing.
Fran Lyons distributed a copy of the plot plan for the lot with the existing and proposed building clearly indicated. He stated that he planned to locate the new building approximately in the center of the lot. He stated that the new building would be 8ft by 12ft by 12ft height.
After a brief discussion, Debbie Crowther asked if it was possible to locate the building further back on the lot. Frank Benesh also asked if the new building could be positioned so that the shorter axis could be facing the street. Mr. Lyons agreed to both requests and revised the plot plan to make the building less intrusive to the surrounding properties and to increase the distance of the building from the street.
No one spoke in opposition to the variance. There being no further comments, Chairman Frank Benesh closed the public input portion of the hearing and the Board began deliberations.
Chairman Benesh asked for discussion of the variance criteria specifically that in granting the variance:
(1)The value of the surrounding property will not be diminished.
(2) The variance will not be contrary to the public interest;
(3) Special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship:
(a) An area variance is needed to enable the applicant’s proposed use of the property given the special conditions of the property,
(b) The benefits sought cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance;
(4) Substantial justice is done;
(5) The variance is consistent with the spirit of the ordinance.
The Board discussed all of the issues and summarized issues from the prior hearing and made the following points:
The lot is only 20ft by 20ft and was created specifically for a pump house to serve the 4 homeowners. Therefore special conditions exist for this lot that create a hardship in order to replace the existing pump house
The new larger pump house is necessary to house an arsenic filtration system. In addition, the new building will be a larger one- story building, because the existing two- story building floods on the lower level, contaminating the well.
The applicant confirmed that an 8ft by 12ft building is the smallest pump house he can construct in order to house the necessary equipment. The Board felt that due to the public safety issues involved; this was the most reasonable and expeditious way for the homeowners to proceed to solve the well problems.
In addition, the Board voted that due to the circumstances discussed at the two public hearings, the applicant meets the 5 criteria (as stated above) for a variance to be granted.
Helene Matesky mentioned that the applicant had agreed to position the building as requested due to the Board’s concerns; but he may have to make minor changes for construction purposes. The Board felt that he could make changes as long as they were consistent with the spirit of the discussions and Fran Lyons agreed.
Helene Matesky moved that the Board approve the application for a variance for the building to be constructed as shown on the plot plan dated and signed, September 3, 2008, by Fran Lyons. Chairman Frank Benesh clarified that specifically the long axis of the building would be positioned perpendicular to the street and the building would be located as far back from the street as possible.
Debbie Crowther seconded the motion and the variance was approved with all four members in attendance voting in the affirmative.
Chairman Frank Benesh stated that the Board has met for the past three weeks and he did not think it was necessary for the Board to hold another meeting in September. The next regularly scheduled meeting is October 15, 2008 at 7PM.
There being no further business the meeting was adjourned at 7:40 PM
Helene Matesky, Clerk
Board of Adjustment
September 6, 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.
Copy of the minutes to the applicant, Board of Selectmen, Town Office staff, ZBA Public Case file, ENEWS and a copy posted on the Town Office Bulletin Board.
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