ZONING BOARD OF ADJUSTMENT
THURSDAY, NOVEMBER 6, 2003
41 South Main Street
Members Present: Paul Parker, Gordon Grant, Charlie King, Margaret Russell, Russell Stoakes
(Randy Orvis called in absent)
Staff Present: Paul Charron & Fran Osborne
Public Present: Packy Campbell, Attorney Jim Shannon, Mrs. Russell Stoakes
· Chairman Parker called the meeting to order at 7:01 p. m. The minutes of October 2, 2003 were reviewed. Charlie King made motion to approve minutes as presented, Margaret Russell 2nd, Russell Stoakes abstained, motion carried.
· Chairman Parker welcomes Russell Stoakes as a new sworn in board member. Fran gave him the ZBA handbook and NH Land Use Regulation book along with a list of board members. Chairman Parker seated Gordon Grant as a regular board member.
· ZBA vs. PB Court Case regarding RSA Development.
Discussion on probability of going into non-public session. Packy Campbell was present with his lawyer Jim Shannon and asked to speak on the new plan approved by DES. He explained the revised plan submitted by him at the PB meeting November 4, 2003, also sent by ZBA legal counsel for the board’s review. Packy explained that DES required the road be moved even further from the Dick Dames Brook. DES wanted a different location to minimize the crossing of the Kicking Horse Brook as well as the Dames Brook. The length of the crossing on the Kicking Horse Brook is less of an impact with the new plan and of less impact overall on the wetlands. Attorney Rachel Hampe (McLane, Graf, Raulerson & Middleton) submitted a letter agreeing that this crossing is
better. Discussion on the new design – the change in the agreement now references the corrected sheet #7 which has been slightly modified. Discussion on State Wetlands Permit being approved (Packy presented a copy for the ZBA). Discussion on voided Special Use Permit per the settlement agreement. Packy explained he wasn’t gong to re-apply for a Special Use Permit to cross the Kicking Horse Brook as it wasn’t needed. Discussion on someone possibly appealing moving of the road by DES. Discussion on wording in the settlement agreement and someone “successfully” appealing the RSA 4a85-A:17 Permit by DES Site Specific Permit WPS-6604. Packy felt it would be appealed.
Charlie King – if appealed and overturned, the DES decision will go back to court – Packy said yes it would.
Attorney Shannon – it would go to court if “successfully” appealed.
CEO Paul Charron – Attorney Mitchell of Mitchell & Bates law firm advised vote on the new road agreement for the settlement should be a non-public session.
A draft letter for reconsideration of the Application #2002-00074 for Map U9, Lot 19 was submitted by Brad Anderson to CEO Paul Charron. CEO didn’t know if it should be brought up at this meeting. Brad left after giving the draft to CEO. The letter has been marked received but not considered for purposes of this meeting.
Margaret Russell made motion to go into non-public session per RSA 91-A:3 II e regarding the lawsuit between the ZBA and the PB – Docket No. 02-E-0191, Charlie King 2nd, roll call on vote as follows: Russell Stoakes – yes
Charlie King – yes
Gordon Grant – yes
Margaret Russell – yes
Paul Parker – yes
Motion carried per above vote. Charlie King has recused himself from voting on the court case.
Members of the public have left the meeting and non-public session as follows:
ZBA Meeting November 6, 2003 (continued) Page 2
Charlie King feels DES asked for the road to be moved and the applicant complied with this request by moving away from impacted areas, Gordon Grant agrees. Discussion on plan presented here this evening. Chairman informed Russell Stoakes of what has been going on with the ZBA vs. PB court case and the Special Use Permit (SUP) requested by RSA Development on the Dick Dame Brook. The PB issued the SUP and the ZBA felt it shouldn’t have been issued, thus it was taken to court by the ZBA to appeal issuance of the SUP. The ZBA does not disagree with the SUP on the Kicking Horse Brook. The settlement agreement does satisfy the ZBA requirement making the SUP null and void for crossing on the Dick Dame Brook. The new DES proposal is the better place to cross.
Russell Stoakes agrees and DES has looked at it and made their recommendation.
Gordon Grant made a motion to accept the September 29, 2003 Settlement Agreement draft of the Town of Farmington, acting by and through its Zoning Board of Adjustment vs. Town of Farmington, acting by and through its Planning Board Docket No. 02-E-0191 and the plan dated November 4, 2003 as presented to the ZBA on November 6, 2003, sheet 7 showing the new road configuration, Margaret Russell 2nd, no discussion. Roll call vote as follows:
Gordon Grant – yes
Margaret Russell – yes
Russell Stoakes – yes
Charlie King – recused from voting
Paul Parker – yes
Motion carried.
Charlie King made a motion to authorize Chairman Paul Parker sign the settlement agreement for the above ZBA vs. PB court case, Gordon Grant 2nd, Paul Parker abstained, motion carried.
· Margaret Russell made a motion to have the meeting back in public session at 8:05 p.m., Gordon Grant 2nd, motion carried. Chairman Parker informed Packy Campbell of their vote on the ZBA vs. PB court case before leaving.
· ZAMPS Subcommittee – Chairman Parker discussed with board members if they felt any suggestions should be made to the Zoning Ordinance or others they should either attend the subcommittee meetings or write down their suggestions and bring to the meetings.
· With no further business to discuss, Gordon Grant made a motion to adjourn at 8:15 p. m., Margaret Russell 2nd, motion carried.
APPROVED
_______________________________ ________________________
Paul Parker, Chairman Date
Zoning Board of Adjustment
Town of Farmington
ZONING BOARD OF ADJUSTMENT
THURSDAY, NOVEMBER 6, 2003
41 South Main Street
Members Present: Paul Parker, Gordon Grant, Charlie King, Margaret Russell, Russell Stoakes
(Randy Orvis called in absent)
Staff Present: Paul Charron & Fran Osborne
Public Present: Packy Campbell, Attorney Jim Shannon, Mrs. Russell Stoakes
· Chairman Parker called the meeting to order at 7:01 p. m. The minutes of October 2, 2003 were reviewed. Charlie King made motion to approve minutes as presented, Margaret Russell 2nd, Russell Stoakes abstained, motion carried.
· Chairman Parker welcomes Russell Stoakes as a new sworn in board member. Fran gave him the ZBA handbook and NH Land Use Regulation book along with a list of board members. Chairman Parker seated Gordon Grant as a regular board member.
· ZBA vs. PB Court Case regarding RSA Development.
Discussion on probability of going into non-public session. Packy Campbell was present with his lawyer Jim Shannon and asked to speak on the new plan approved by DES. He explained the revised plan submitted by him at the PB meeting November 4, 2003, also sent by ZBA legal counsel for the board’s review. Packy explained that DES required the road be moved even further from the Dick Dames Brook. DES wanted a different location to minimize the crossing of the Kicking Horse Brook as well as the Dames Brook. The length of the crossing on the Kicking Horse Brook is less of an impact with the new plan and of less impact overall on the wetlands. Attorney Rachel Hampe (McLane, Graf, Raulerson & Middleton) submitted a letter agreeing that this crossing is
better. Discussion on the new design – the change in the agreement now references the corrected sheet #7 which has been slightly modified. Discussion on State Wetlands Permit being approved (Packy presented a copy for the ZBA). Discussion on voided Special Use Permit per the settlement agreement. Packy explained he wasn’t gong to re-apply for a Special Use Permit to cross the Kicking Horse Brook as it wasn’t needed. Discussion on someone possibly appealing moving of the road by DES. Discussion on wording in the settlement agreement and someone “successfully” appealing the RSA 4a85-A:17 Permit by DES Site Specific Permit WPS-6604. Packy felt it would be appealed.
Charlie King – if appealed and overturned, the DES decision will go back to court – Packy said yes it would.
Attorney Shannon – it would go to court if “successfully” appealed.
CEO Paul Charron – Attorney Mitchell of Mitchell & Bates law firm advised vote on the new road agreement for the settlement should be a non-public session.
A draft letter for reconsideration of the Application #2002-00074 for Map U9, Lot 19 was submitted by Brad Anderson to CEO Paul Charron. CEO didn’t know if it should be brought up at this meeting. Brad left after giving the draft to CEO. The letter has been marked received but not considered for purposes of this meeting.
Margaret Russell made motion to go into non-public session per RSA 91-A:3 II e regarding the lawsuit between the ZBA and the PB – Docket No. 02-E-0191, Charlie King 2nd, roll call on vote as follows: Russell Stoakes – yes
Charlie King – yes
Gordon Grant – yes
Margaret Russell – yes
Paul Parker – yes
Motion carried per above vote. Charlie King has recused himself from voting on the court case.
Members of the public have left the meeting and non-public session as follows:
ZBA Meeting November 6, 2003 (continued) Page 2
Charlie King feels DES asked for the road to be moved and the applicant complied with this request by moving away from impacted areas, Gordon Grant agrees. Discussion on plan presented here this evening. Chairman informed Russell Stoakes of what has been going on with the ZBA vs. PB court case and the Special Use Permit (SUP) requested by RSA Development on the Dick Dame Brook. The PB issued the SUP and the ZBA felt it shouldn’t have been issued, thus it was taken to court by the ZBA to appeal issuance of the SUP. The ZBA does not disagree with the SUP on the Kicking Horse Brook. The settlement agreement does satisfy the ZBA requirement making the SUP null and void for crossing on the Dick Dame Brook. The new DES proposal is the better place to cross.
Russell Stoakes agrees and DES has looked at it and made their recommendation.
Gordon Grant made a motion to accept the September 29, 2003 Settlement Agreement draft of the Town of Farmington, acting by and through its Zoning Board of Adjustment vs. Town of Farmington, acting by and through its Planning Board Docket No. 02-E-0191 and the plan dated November 4, 2003 as presented to the ZBA on November 6, 2003, sheet 7 showing the new road configuration, Margaret Russell 2nd, no discussion. Roll call vote as follows:
Gordon Grant – yes
Margaret Russell – yes
Russell Stoakes – yes
Charlie King – recused from voting
Paul Parker – yes
Motion carried.
Charlie King made a motion to authorize Chairman Paul Parker sign the settlement agreement for the above ZBA vs. PB court case, Gordon Grant 2nd, Paul Parker abstained, motion carried.
· Margaret Russell made a motion to have the meeting back in public session at 8:05 p.m., Gordon Grant 2nd, motion carried. Chairman Parker informed Packy Campbell of their vote on the ZBA vs. PB court case before leaving.
· ZAMPS Subcommittee – Chairman Parker discussed with board members if they felt any suggestions should be made to the Zoning Ordinance or others they should either attend the subcommittee meetings or write down their suggestions and bring to the meetings.
· With no further business to discuss, Gordon Grant made a motion to adjourn at 8:15 p. m., Margaret Russell 2nd, motion carried.
APPROVED
__________________________________ _______________________________
Paul Parker, Chairman Date
Zoning Board of Adjustment
Town of Farmington
ZONING BOARD OF ADJUSTMENT
THURSDAY, NOVEMBER 6, 2003
41 South Main Street
Members Present: Paul Parker, Gordon Grant, Charlie King, Margaret Russell, Russell Stoakes
(Randy Orvis called in absent)
Staff Present: Paul Charron & Fran Osborne
Public Present: Packy Campbell, Attorney Jim Shannon, Mrs. Russell Stoakes
· Chairman Parker called the meeting to order at 7:01 p. m. The minutes of October 2, 2003 were reviewed. Charlie King made motion to approve minutes as presented, Margaret Russell 2nd, Russell Stoakes abstained, motion carried.
· Chairman Parker welcomes Russell Stoakes as a new sworn in board member. Fran gave him the ZBA handbook and NH Land Use Regulation book along with a list of board members. Chairman Parker seated Gordon Grant as a regular board member.
· ZBA vs. PB Court Case regarding RSA Development.
Discussion on probability of going into non-public session. Packy Campbell was present with his lawyer Jim Shannon and asked to speak on the new plan approved by DES. He explained the revised plan submitted by him at the PB meeting November 4, 2003, also sent by ZBA legal counsel for the board’s review. Packy explained that DES required the road be moved even further from the Dick Dames Brook. DES wanted a different location to minimize the crossing of the Kicking Horse Brook as well as the Dames Brook. The length of the crossing on the Kicking Horse Brook is less of an impact with the new plan and of less impact overall on the wetlands. Attorney Rachel Hampe (McLane, Graf, Raulerson & Middleton) submitted a letter agreeing that this crossing is
better. Discussion on the new design – the change in the agreement now references the corrected sheet #7 which has been slightly modified. Discussion on State Wetlands Permit being approved (Packy presented a copy for the ZBA). Discussion on voided Special Use Permit per the settlement agreement. Packy explained he wasn’t gong to re-apply for a Special Use Permit to cross the Kicking Horse Brook as it wasn’t needed. Discussion on someone possibly appealing moving of the road by DES. Discussion on wording in the settlement agreement and someone “successfully” appealing the RSA 4a85-A:17 Permit by DES Site Specific Permit WPS-6604. Packy felt it would be appealed.
Charlie King – if appealed and overturned, the DES decision will go back to court – Packy said yes it would.
Attorney Shannon – it would go to court if “successfully” appealed.
CEO Paul Charron – Attorney Mitchell of Mitchell & Bates law firm advised vote on the new road agreement for the settlement should be a non-public session.
A draft letter for reconsideration of the Application #2002-00074 for Map U9, Lot 19 was submitted by Brad Anderson to CEO Paul Charron. CEO didn’t know if it should be brought up at this meeting. Brad left after giving the draft to CEO. The letter has been marked received but not considered for purposes of this meeting.
Margaret Russell made motion to go into non-public session per RSA 91-A:3 II e regarding the lawsuit between the ZBA and the PB – Docket No. 02-E-0191, Charlie King 2nd, roll call on vote as follows: Russell Stoakes – yes
Charlie King – yes
Gordon Grant – yes
Margaret Russell – yes
Paul Parker – yes
Motion carried per above vote. Charlie King has recused himself from voting on the court case.
Members of the public have left the meeting and non-public session as follows:
ZBA Meeting November 6, 2003 (continued) Page 2
Charlie King feels DES asked for the road to be moved and the applicant complied with this request by moving away from impacted areas, Gordon Grant agrees. Discussion on plan presented here this evening. Chairman informed Russell Stoakes of what has been going on with the ZBA vs. PB court case and the Special Use Permit (SUP) requested by RSA Development on the Dick Dame Brook. The PB issued the SUP and the ZBA felt it shouldn’t have been issued, thus it was taken to court by the ZBA to appeal issuance of the SUP. The ZBA does not disagree with the SUP on the Kicking Horse Brook. The settlement agreement does satisfy the ZBA requirement making the SUP null and void for crossing on the Dick Dame Brook. The new DES proposal is the better place to cross.
Russell Stoakes agrees and DES has looked at it and made their recommendation.
Gordon Grant made a motion to accept the September 29, 2003 Settlement Agreement draft of the Town of Farmington, acting by and through its Zoning Board of Adjustment vs. Town of Farmington, acting by and through its Planning Board Docket No. 02-E-0191 and the plan dated November 4, 2003 as presented to the ZBA on November 6, 2003, sheet 7 showing the new road configuration, Margaret Russell 2nd, no discussion. Roll call vote as follows:
Gordon Grant – yes
Margaret Russell – yes
Russell Stoakes – yes
Charlie King – recused from voting
Paul Parker – yes
Motion carried.
Charlie King made a motion to authorize Chairman Paul Parker sign the settlement agreement for the above ZBA vs. PB court case, Gordon Grant 2nd, Paul Parker abstained, motion carried.
· Margaret Russell made a motion to have the meeting back in public session at 8:05 p.m., Gordon Grant 2nd, motion carried. Chairman Parker informed Packy Campbell of their vote on the ZBA vs. PB court case before leaving.
· ZAMPS Subcommittee – Chairman Parker discussed with board members if they felt any suggestions should be made to the Zoning Ordinance or others they should either attend the subcommittee meetings or write down their suggestions and bring to the meetings.
· With no further business to discuss, Gordon Grant made a motion to adjourn at 8:15 p. m., Margaret Russell 2nd, motion carried.
APPROVED
__________________________________ _______________________________
Paul Parker, Chairman Date
Zoning Board of Adjustment
Town of Farmington
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