ZONING BOARD OF ADJUSTMENT MEETING
THURSDAY, OCTOBER 2, 2003
41 South Main Street
Members Present: Margaret Russell, Charlie King, Bob Moholland, Paul Parker,
Gordon Grant, Randy Orvis (arrived late)
Staff Present: Fran Osborne
Public Present: Russell Stokes, Fosters Democrat reporter (Jason Howe)
· Chairman Parker called the meeting to order at 7:01 p.m. Minutes of September 4, 2003 were reviewed. Charlie King made a motion to approve the minutes of September 4, 2003, Gordon 2nd, motion carried. Chairman Parker asked to amend on page 1 – 6th line from bottom to change - Laura Spector’s ruling to Laura Spector’s interpretation on the Special Use Permit. Gordon Grant motioned to amend the motion to include the change of wording from ruling to interpretation, Bob Moholland 2nd, motion carried. Minutes of September 15, 2003
were reviewed for the Special ZBA Meeting on the PB vs. ZBA court case. Margaret Russell made motion to approve minutes as presented, Gordon Grant 2nd, no discussion, motion carried.
· Chairman Parker read correspondence from Attorney Laura Spector on changes to court settlement, specifically –
#4. 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, is subject to Planning Board amended approval on reapplication as provided for in Paragraph 3.
#3. RSA will apply to the Planning Board for relocation of the road, with the condition that the application is for an amended approval only for the limited purpose of relocating the road, and is without prejudice to all other aspects of the RSA’s existing approval. The ZBA will agree not to contest this amended application.
Discussion of these 2 paragraphs and differences between the former submitted settlement agreement and this one.
Randy Orvis – new settlement agreement is O. K.
Charlie King – I think it clarifies what it should and I believe it is O. K. Charlie King has recused himself from any vote.
Margaret Russell – O. K.
Gordon Grant – O. K.
Bob Moholland – will not vote.
Margaret Russell made motion to accept the September 29, 2003 Settlement Agreement proposal – Town of Farmington acting by and through its Zoning Board of Adjustment v. Town of Farmington, acting by and through its Planning Board and RSA Development, LLC (Intervenor), according to RSA 91-A:3 II e regarding the lawsuit between the ZBA and the PB, Gordon Grant 2nd, no discussion, motion carried.
Zoning Board of Adjustment Meeting October 2, 2003 (continued) Page 2
· Chairman Parker informed the board members that Attorney Laura Spector is leaving the firm of McLane, Graf, Raulerson & Middleton to work with Mitchell & Bates. Rachel A. Hampe will be taking Laura Spector’s place for this court case.
· Chairman Parker accepted a letter of resignation with regret, from Bob Moholland. Bob is moving to Wakefield. The board wished him well on his move and thanked him for his service on the ZBA as a board member.
· Discussion on OSP Conference.
· Chairman Parker introduced Russell Stokes who is present to the board. Russell wishes to become a member of the ZBA taking Bob Moholland’s place. The board members were introduced to him. Bob Moholland said he was impressed with Randy Orvis in that he can disagree, but leave it at the table and Charlie King for his young age being an asset to the board bringing some young blood to the table.
· Gordon Grant made a motion to adjourn at 7:45 p. m., Margaret Russell 2nd, motion carried.
APPROVED
______________________________ ________________________
Paul Parker, Chairman Date
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