ZONING BOARD OF ADJUSTMENT MEETING
THURSDAY, NOVEMBER 4, 2004
356 Main Street – Farmington, NH
Members Present: Margaret Russell, Russell Stoakes, Randy Orvis, Neil Gosselin, Jr.
Absent: Tom Brennan
Staff Present: Paul Esswein, Doreen T. Hayden,
Public Present: Paul Parker, Selectmen’s Rep-Planning Board, John D. DeJevel-(last name spelling)Zoning
Board Alternate, Bill Rogers, Donna Goslin, Attorney Craig Solomon
· Chairman Margaret Russell called the meeting to order at 7:11 p. m. There was nobody to seat. Roll call was completed with those present as above. Tom Brennan was absent.
OLD BUSINESS:
· Minutes of October 7, 2004 were reviewed. Russell Stokes motioned to accept previous minutes of October 7, 2004 and Neil Gosselin 2nd the motion.
NEW BUSINESS:
· Randy Orvis brought before the board that he had mentioned to the Planning Board to follow-up on the issuance of a Certification for the foundation on Lancelot Shores (Mitchison property). Surveyor needs to be hired to accomplish this certification.
· Paul Esswein briefly explained the legal court rulings on variances and handed each of the above board members a brochure entitled “Local Government Center : Municipal Law Lecture Series 2004”.
· Neil Gosselin motioned to adjourn the meeting until 7:30 p.m. as there was no further old or new business to be brought before the board. Randy Orvis 2nd the motion.
· Chairman Margaret Russell recalled the meeting back to order at 7:30 p. m.
Public Hearing 7:30 p.m.
· Application for Variance, 3rd continuation on behalf of WCV, Inc. to the terms of the Zoning Ordinance, Section 3.01 to permit the construction of a 2nd dwelling on Tax Map R53, Lot 13, Hornetown Road.
Randy Orvis, recused himself due to a conflict of interest. Attorney Craig Solomon was asked if he wished to proceed with this hearing as there was not a full board to hear this application and further the fact at the last ZBA meeting he requested that a full board be in attendance to hear the request. The ZBA board and Attorney Craig Solomon agreed to continue the hearing to a special meeting on 12/09/04 at 7:00 p.m.
· Randy Orvis now rejoins the board 7:33 p.m.
· Application for Variance by Donna & Randall Goslin to the terms of the Zoning Ordinance in the AR District regarding frontage requirement to be able to subdivide property into 2 lots on Ten Rod Road.
There are 9.6 acres they would like to divide in half. Request variance for frontage. They would like to build a log home for their daughter (log home kit already on land) and family to reside. Daughter and family are presently residing on lot in a camper. They are lacking an 85’ foot frontage that makes sub-dividing non-conforming. Neil Gosselin asks where the home will be located on the lot. Donna Goslin refers to the map she brought and shows Neil the lot. Chair opened public hearing. No public comment. Chair closed public hearing. Margaret Russell explains that the board will now have discussions amongst themselves to grant or deny this variance. She further explains that all members must be in agreement to grant variance.
Randy Orvis suggests that Donna Goslin go before the Planning Board and present her case with regards to the non-conforming road frontage and the possibility of putting in a turnaround at the lot frontage. Also discusses that the planning board could wave the requirement for Town road specs and that would make it easier to move forward. Further discussions to review the bottom of page 59 of brochure (provided by Paul Esswein), Randy Orvis reads rules, focusing on the spirit and intent versus hardship of meeting the ordinance. Only meets 1 of the hardship requirements, Donna Goslin speaks to the board about having more than 3 acres close to 4 acres of interior land for log home, all being set-back with interior of land being finished. Donna Goslin could meet the 250’ setback
for additional home by giving up her frontage that then would bring her frontage to 187’. Discussions further indicate that granting a variance would provide a much better view and that it would also be beneficial to the Town of Farmington as there would be an increase in taxes.
Margaret Russell asks if there are any abutters to this lot of land that would like to speak in favor or against. No attendance from abutters, Margaret Russell then closes this to the public.
Randy Orvis makes motion to deny request for variance, based upon not being in the spirit of the ordinance and the belief that this does demonstrate a hardship.
Margaret Russell motions all in favor of Randy Orvis decision. All agree variance denied. Margaret advises the applicant of 30 days of right to appeal this decision.
· Application for Variance by William J. Rodgers to the terms of the Zoning Ordinance regarding front setback requirement on Meaderboro Road.
Margaret Russell calls William Rodgers of Meaderboro Road to the front of board. William Rogers pleads his case for this variance, explaining that his barn is 31’ from road and has been at this setback since 1970. He was told by the CEO to stop work immediately as he did not meet the 50’ setback as defined in the ordinance. He is seeking to put a covered porch on the front of house; this is a replacement to the existing 3-slab step that is presently there. The existing steps have caused William Rodgers undue injuries in that these slab steps have caused him to slip and injure himself. William Rodgers provided a picture clarification of the stone/retaining wall that at present sticks out further than the porch he is revamping. Randy Orvis asked about the type
of roof that will be on the porch. William Rodgers stated that it is asphalt shingle. Ed Mullen, Farmington Community Television, interjected as there was no one from the public to comment on this. Ed said the improvements have significantly enhanced the look of the lot, they have given the area a safer and more aesthetic appearance. Randy Orvis comments that this appearance change has helped out each of the neighbors on Merrill’s corner that made for a better public vision and has afforded the increase (however slightly) to the Town of Farmington for added taxes. Further, each abutter to William J. Rodgers property is much closer than the 50’ setback. Margaret Russell calls for public comments, no public in attendance with regard to this parcel. Margaret Russell closes the open discussion while the board reviews the ordinances.
Russell Stokes motions to approve this variance, Neil Gosselin, Jr. 2nd the motion. All in favor.
Variance granted.
Margaret Russell asks if there is anything else that needs to be heard. No comments heard. Margaret Russell motions to adjourn meeting, Neil Gosselin, Jr. 2nd the motion. Meeting came to close at 8:45 p.m.
APPROVED
______________________________ ___________________________
Margaret Russell, Chairman
Zoning Board of Adjustment
Town of Farmington
Approved as written 01-06-2005
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