ZONING BOARD OF ADJUSTMENT SPECIAL MEETING
MONDAY, SEPTEMBER 15, 2003
41 South Main Stareet
Members Present: Paul Parker, Randy Orvis, Charlie King, Margaret Russell, Gordon Grant,
Bob Moholland
Staff Present: Fran Osborne
· Chairman Parker called the meeting to order at 7:00 p. m. stating this is a non-public session of the Zoning Board of Adjustment per RSA 91-A: 3 II e regarding the lawsuit resolution Settlement Agreement of the Zoning Board of Adjustment vs. the Planning Board.
Chairman Parker – we need to make suggestions for amendments, or accept or deny the “Settlement Agreement” Town of Farmington, acting by and through its Zoning Board of Adjustment vs. Town of Farmington, acting by and through its Planning Board and RSA Development, LLC (Intervenor). Chairman asked board members for their comments.
Randy Orvis – is satisfied with the August 14, 2003 draft Settlement Agreement.
Charlie King – felt RSA Development should apply for a new Special Use Permit – everything else is O. K.
Bob Moholland – feels the same as Charlie King.
Gordon Grant – Chairman Parker relayed what happened at last meeting to Gordon as he was absent from this meeting. He may need a new Special Use Permit.
Margaret Russell – I thought we weren’t going to give him (Packy Campbell) any Special Use Permit.
Chairman Parker – discussion on reluctance of Packy Campbell to go back to the Planning Board for a Special Use Permit.
Randy Orvis – he’d have to go back for that. I don’t have a problem because he will have to go back to the Planning Board.
Chairman – discussion of #4. of the Settlement Agreement. Because the road is to be located outside of the Limited Development Zone associated with the Dick Dame Brook, the Special Use Permit granted by the Planning Board to permit construction of the road within that Limited Development Zone is no longer necessary, and shall be null and void, however, the Special Use Permit relating to the Kicking Horse Brook, subject to the Planning Board’s approval of the changes contained in paragraph 2, shall remain in effect. Paragraph 2. being – the parties agree that RSA will relocate the road entering its subdivision from Elm St. and crossing over the Kicking Horse Brook to an area outside the Limited Development Zone associated with the Dick Dame Brook, as shown on Sheet 7 of
Plan No. C-2006 entitled “Proposed Road Plan for RSA Development, LLC” dated August 5, 2003.
Chairman Parker - questions leaving this in its entirety (split up.)
Chairman Parker – the proposal is to move the road away from the Limited Development Zone.
Randy Orvis – the Planning Board can modify the Special Use Permit.
Chairman Parker – the existing Special use Permit should be null and void – Packy should apply for a new one.
Randy Orvis – that should be up to the Planning Board to modify the Special Use Permit.
Chairman Parker – discussion on process to vote on the Settlement Agreement.
Margaret Russell – discussion on ZBA making RSA Development re-apply for a Special Use Permit. I think you need to look at how the Planning Board issued the Special Use Permit.
Randy Orvis – that’s the Planning Board’s business.
Margaret Russell – he needs to start the process all over again.
Randy Orvis – we’re the Zoning Board. The Planning Board should do it how they want to. Discussion on what applicant is now doing.
Zoning Board of Adjustment Meeting September 16, 2003 (continued) Page 2
Margaret Russell – went over the Planning Board minutes where the Special Use Permit was granted by the Planning Board. Discussion on this. Fran was asked by Chairman to get the Special Use Permit file for RSA Development. This was discussed and reviewed.
Charlie King – Randy’s point about the Planning Board having jurisdiction to approve the Special Use Permit is valid. Should we be more concerned of the result or the principle. Discussion.
Randy Orvis – if he goes back to court this is going to cost the Farmington tax payers a lot of money.
Margaret Russell – we sued the Planning Board because they overstepped their bounds. Discussion.
Randy Orvis – I’m thinking on behalf of the town and cleaning the settlement agreement up.
Charlie King – asked to be recused from voting as he serves both on the Zoning Board of Adjustment and the Planning Board as liaison. Chairman Parker seated Gordon Grant for Charlie King.
Randy Orvis - motion to approve the “settlement agreement” per RSA 91-A:3 II e regarding the lawsuit between the Zoning Board of Adjustment and the Planning Board, motion died for lack of a 2nd.
Margaret Russell made a motion to accept the draft “Settlement Agreement” between the Zoning Board of Adjustment and the Planning Board per RSA 91-A:3 II e with revisions as stated below:
(1) Paragraph 4. The Special Use Permit as granted by the Planning Board is null and void.
(2) The Special Use Permit relating to Kicking Horse Brook will be subject to Planning Board approval upon re-application to them, Gordon Grant 2nd, no discussion.
Roll call for vote:
Charlie King - recused himself from voting.
Bob Moholland – vote is “yes”
Gordon Grant – vote is “yes”
Margaret Russell – vote is “yes”
Randy Orvis – vote is “no”
Paul Parker – vote is “yes”
Motion as made above passes 4 to 1.
· Chairman Parker thanked Bob Moholland for his time serving on the Zoning Board of Adjustment. He will be moving to Wakefield when his home is sold. He will continue to serve until he moves.
· With no other business to discuss, Margaret Russell made a motion to adjourn at 7:45 p. m., Bob Moholland 2nd, motion carried.
APPROVED
__________________________________ ________________________
Paul Parker, Chairman Date
Zoning Board of Adjustment
Town of Farmington
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