ZONING BOARD OF ADJUSTMENT MEETING
THURSDAY AUGUST 5, 2004
356 Main Street
Members Present: Margaret Russell, Tom Brennan, Neil Gosselin, Russell Stoake, (Randy
Orvis is present and recused from the board)
Staff Present: Fran Osborne
Public Present: Laura Spector (Town Counsel), Randy Orvis for WCV, Inc., Paul
Parker (Selectman), Charlie King, Attorney Craig Salomon
· Chairman Margaret Russell brought the meeting to order at 7:05 p. m. Under old business a review of July 1, 2004 minutes was done. Tom Brennan asked if WCV, Inc. owned the lot beside the lot in question. Fran said WCV, Inc. owns 4 lots (10 – 13). Tom Brennan made a motion to accept the minutes as presented, Russell Stoakes 2nd, Neil Gosselin abstained, motion carried. Russ Stoakes said he didn’t see anything missing.
· The Zoning Board of Adjustment Town of Farmington By-Laws are officially now signed by all board members and Fran will give a copy to town clerk, Kathy Seaver.
· Under New Business - Chairman Russell briefed board members that there is an upcoming Planning & Zoning Conference at Waterville Valley – more information will be mailed later as the date becomes closer. Tom Brennan made a motion to recess at 7:15 p. m. to allow the board time to review legal counsel letter received for this meeting, Neil Gosselin 2nd, motion carried. Chairman Russell reconvened the meeting at 7:30 p. m.
· Request for Rehearing determination by the Zoning Board of Adjustment regarding WCV, Inc. – Appeal of Administrative Decision by Code Enforcement Officer for denial of a building permit on Tax Map R53, Lot 13.
Town counsel Laura Spector – there will be no input until abutters are notified. Laura’s position on the request for rehearing request is that the Zoning Board of Adjustment misinterpreted Section 1.03 of the Farmington Zoning Ordinance. In this case, there is not sufficient frontage for a second house. The lot needs to be sub-dividable in the future. This building permit should not be allowed. The decision by the Code Enforcement Officer was correct to deny the building permit. Discussion by Selectman, Paul Parker on the rehearing request.
Attorney Craig Salomon objects to Mr. Parker speaking on this issue.
Attorney Laura Spector explained the reason this particular section (3.01) is in the Zoning Ordinance. Discussion.
Chairman Margaret Russell – we need to make a decision if we made a legal error and if we need to rehear our previous decision on July 1, 2004.
Attorney Craig Salomon – first of all I concur. I submitted a letter, not mentioned is the sketch by Mr. Orvis showing a new road and that the lot could be subdivided. There is potential for future subdivision. There is history. I suggested in Section 3.01, the dimensional requirements have to be read with the understanding of grandfathered lots - the 2nd house is permitted. We are talking about the lot as it exists today. Discussion on carrying this with the recommendation by the Selectmen and if it is taken through as its logical intent, it would need 500’ of frontage. I don’t think that was the intent.
Tom Brennan – I think this should be reheard. Russell Stoakes agrees.
Attorney Salomon would prefer a special meeting as there is not enough time to prepare for the September 2, 2004 regularly scheduled Zoning Board of Adjustment meeting.
Zoning Board of Adjustment Meeting August 5, 2004 (continued) Page 2
After discussion of scheduling a rehearing date, it was agreed to have rehearing on September 23rd. Neil Gosselin made a motion to schedule the rehearing for September 23, 2004, regarding the Zoning Board of Adjustment decision on WCV, Inc.’s Appeal of Administrative Decision (Tax Map R53, Lot 13) done on July 1, 2004, Tom Brennan 2nd, all in favor, motion carried.
Attorney Craig Salomon asked for a request to have a Variance for WCV, Inc. (Tax Map R53, Lot 13) heard the same night on September 23, 2004.
Chairman Russell asked if there was any other business to come before the board.
Paul Parker – if there is anything in the Zoning Ordinance that is not clear, board members can attend the subcommittee meeting on changes being made and board members were given recommendation to give input in writing.
Charlie King – discussion on 3 private road building permits to be coming to the Zoning Board for variances because of nonconforming dimensional setback requirements.
Paul Parker – explained the subcommittee is almost finished with changes and the Zoning Board members need to give their input if they wish to.
Randy Orvis – discussion on a thought to make a lakefront zone with their own setbacks, for example, Lancelot Shores.
Paul Parker – that’s something that probably should have been done several years ago but wasn’t.
Charlie King – write a particular section for that subdivision.
Paul Parker – we’ll talk about this at our next subcommittee meeting.
· With no further business to discuss, Tom Brennan made a motion to adjourn at 8:00 p. m., Russ Stoakes 2nd, motion carried.
APPROVED
_______________ ___________________
Margaret Russell, Chairman Date
Zoning Board of Adjustment
Town of Farmington
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