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ZBA grants variance for new septic at 139 Merrimack St.; board finds soil conditions constitute hardship
Summary
The Zoning Board granted a variance allowing a replacement septic system 10 feet from the property line at 139 Merrimack Street (Z24‑33) after finding the lot’s clay soils and existing site constraints amount to an unnecessary hardship.
The Hooksett Zoning Board of Adjustment voted to grant a variance for a replacement septic system at 139 Merrimack Street (Z24‑33) after the applicant documented site constraints and an abutter indicated no objection.
Applicant David Therian told the board the existing system failed and that replacing it in its prior location would require an expensive pumped system because of high groundwater and clay soils. Under Hooksett’s MDR district rules the town setback is 25 feet; the applicant’s proposed system would be 10 feet from the property line, consistent with state setback rules for the system type. Therian said his neighbor, Lance Macy, told him in writing and in conversation that he had no objection to the proposed relocation.
Therian read a written justification into the record, arguing the variance would not threaten public health or safety, that the upgraded system (a modern presby treatment system) would improve local water quality, and that strict application of the ordinance would deny reasonable use of the small existing lot because of soil and well constraints. Board members discussed soil conditions observed on site and agreed the clay soils and existing well locations limited feasible alternatives.
After deliberation the board found the variance met the statutory criteria, including unnecessary hardship owing to special conditions of the property, and voted to grant the variance. The board noted that the system will require the appropriate state approvals from DES before installation.
