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ZBA 5-06-04
ZONING BOARD OF ADJUSTMENT
MEETING
THURSDAY, APRIL 15, 2004
356 Main Street

Members Present:  Randy Orvis, Russell Stoakes, Margaret Russell, Gordon Grant,
                         Tom Brennan, Charlie King came late
Staff Present:          Fran Osborne
Public Present:       Paul Parker, Selectman

·       Vice Chairman Randy Orvis called the meeting to order at 7:05 p. m.  Minutes of March 4, 2004 were reviewed.  Gordon Grant made a motion to accept the minutes as read, Russell Stoakes 2nd, Margaret Russell & Tom Brennan abstained, motion carried.

·       Election of Officers:
(1)     Chairman Russell Stoakes made a motion to nominate Margaret Russell, Tom Brennan 2nd, discussion by Randy Orvis on the importance of the ZBA as the board of appeals, being able to meet a quorum at meetings was also discussed.  It is unfair to applicants to not have a full board.  We need 5 regular & 3 alternate members.  Margaret accepted the nomination as Chairman, motion carried.
(2)     Vice Chairman Margaret Russell motioned to nominate Tom Brennan, Russell Stoakes 2nd, Tom accepted Vice Chairman position, motion carried.
(3)     Secretarydiscussion on the position.  Margaret Russell nominated Russell Stoakes for Secretary, Russell Stoakes 2nd, Russell accepted this position, motion carried.

·       Paul Parker, Selectman – Paul stressed attendance at the upcoming Office of Energy & Planning Spring Conference May 8th.  Discussion on these meetings and other meetings throughout the year. The Municipal Law Lecture Series was also discussed which is held at various locations throughout the state as well as holding  these meetings here at Town Hall.  Paul Parker thanked the board for his support.  Margaret Russell made motion to recess at 7:15 p. m., Gordon 2nd.  Meeting reconvened at 7:31 p. m.

·       Special Exception by Ruby G. Hooper, Spring St. (Tax Map R49, Lot 25) & Curtis property (Tax Map R49, Lot 24-1), Special Exception as provided in Section 1.04 (C) (3) of the Zoning Ordinance. Randy Orvis is representing Ruby Hooper.  Alternate Gordon Grant is seated for this hearing.  Randy Orvis – 7 to 8 years ago a lot line adjustment was done between Bill Hobbs/Jocylyn Robinson & the Curtis property.  The Curtis property was made larger.  We discovered that part of the Hooper house was on the Curtis property.  Ruby Hooper is now in a nursing home and the kids must sell the property, so they must do something.  This was done before zoning requirements.  We’ve been before the PB on April 6, 2004 and have conditional approval depending upon outcome of this meeting & ZBA approval.  We
Zoning Board of Adjustment Meeting April 15, 2004 (continued)           Page 2

are proposing to take 1,530 s. f. from the Curtis property to go to the Ruby Hooper property to make it conform to sideline setbacks.  The Curtis lot will be smaller but still O.K.  It is not a safety or health issue, it just changes the line and does not make it more nonconforming.  We need the Special Exception to have a clear title.  The larger lot will go from .85 to .81 acre.  The lot has town water, but not sewer.  
Margaret Russell – no public input.  
Russell Stoakes – it meets the letter of the Zoning Ordinance and Tom Brennan agreed it makes sense to correct the problem as much as possible.  
Randy Orvis - the deed has to be the instrument to record this transaction.  Gordon Grant is all set on this arrangement.  Tom Brennan made a motion to accept the plan and grant the Special Exception as presented, Russell Stoakes 2nd, Charlie King abstained, vote 4 yes, motion carried.

·       Charlie King – I have enjoyed my time here on the Zoning Board and the Planning Board is working to have a Planning Board/Liaison person to serve between the two boards.  Discussion on this.  Maybe outside planning consultant would know.  Discussion on types of administrative appeals. Discussion on having Charlie King stay on – get legal opinion on this.  Charlie King said he would stay on if it were legal to do so.  Randy Orvis feels having a Planning Board member being a liaison to the Zoning Board of Adjustment is a conflict of interest because it is a judicial board.

·       With no further business to discuss, Gordon Grant made a motion to adjourn at 7:45 p. m., Russell Stoakes 2nd, motion carried.  

APPROVED




________________________________________                ________________________
Margaret Russell, Chairman                                      Date
Zoning Board of Adjustment
Town of Farmington