ZONING BOARD OF ADJUSTMENT MEETING
THURSDAY, SEPTEMBER 4, 2003
41 South Main Street
Members Present: Paul Parker, Charlie King, Bob Moholland
Staff Present: Fran Osborne
Public Present: No public present
· Chairman Parker brought the meeting to order at 7:15 p. m. The minutes of August 7, 2003 were reviewed. Charlie King made a motion to accept with amendment as follows, Bob Moholland 2nd:
(1) Page 3 – line 14
Change – Charlie King – he has shown he is not able to conform (he could possibly be, but it wouldn’t be good). Change to: he has shown he is not potentially able to conform – he could possibly.
(2) Page 3 – line 25
Change – Charlie King – based on lawyers document, I’m in agreement it meets the
letter of the law. Change to: I am in agreement the nonconforming structure
meets the letter of the law.
· PB vs. ZBA court case – Charlie King is recusing himself from any voting that may take place on this issue as he serves as Liaison between the PB and ZBA. Discussion on Elm St. project and moving of road closer to the wetlands. Discussion on Zoning Ordinance and wording of it regarding issuance of Special Use Permit by the PB and the Limited Development Zone as well as the Controlled Development Zone, Section 4.04 Watershed Protection Overlay District (B) Controlled Development Zone (2) Special Use Permit Required. Any activity that unnaturally changes the water flow (both stage and velocity), water temperature, water chemistry or oxygen
content shall not be allowed unless a Special Use Permit has been issued following the procedures listed in Section Section 4.04 (B) (2) and using the considerations and criteria in Section 4.04 (C) (3). Section 4.04 (C) Limited Development Zone (2) Special Use Permit (d) Special Use Permits shall not be granted within the limited development zone of the Dick Dame Brook and its tributaries from its Confluence Line with the Kicking Horse Brook to the full extent of its headwaters within the Town of Farmington, nor within the limited development zone of the Mad River and its tributaries, from its Confluence Line with the Cocheco River to the full extent of its headwaters within the Town of Farmington. In addition, any activity otherwise permitted, but which unnaturally changes the water flow (both stage and velocity), water temperature, water chemistry, oxygen content, or natural river gradients is not allowed in either the controlled development zones or the limited
development zones of the Dick Dame Brook and Mad River waterways. Chairman Parker explained RSA Development is going to move the road out of the Limited Development Zone. Moving the road allows it to go into the wetlands. Discussion on Packy Campbell not being able to go to the DES with the road being moved until he was denied by the town. Discussion on just cause. Discussion of waiver for road radius. RSA was denied a variance.
Charlie King – I am pleased to see the Special Use Permit is no longer needed and is null and void.
Chairman Parker – discussion of Attorney Laura Spector’s ruling on the Special Use Permit. Chairman Parker feels Packy Campbell should apply for a new Special Use permit to cross the Kicking Horse Brook. Discussion on question of re-doing and re-granting the Special Use Permit and board members looked at a map in the file to pinpoint where the road was being moved to its new location. Discussion of public compliance hearing and re-issuance of the Special Use Permit based on the new road location.
Zoning Board of Adjustment Meeting September 4, 2003 (continued) Page 2
Chairman Parker and Bob Moholland – discussion on having Attorney Laura Spector attend another Special ZBA meeting. Chairman Parker suggested meeting September 8, 2003 at 7:00 p. m. regarding final settlement as Laura Spector will be leaving the law firm she is working with at present. She will be working for Mitchell & Bates and therefore we need to resolve this court case ASAP. Fran informed Chairman she would not be in Friday, September 5, 2003 as she was taking the day off. Chairman Parker will call and let board members know about September 8th.
· With no further business to discuss, Bob Moholland made a motion to adjourn at 7:55 p. m., Charlie King 2nd, motion carried.
APPROVED
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Paul Parker, Chairman Date
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