ZONING BOARD OF ADJUSTMENT
THURSDAY - MAY 5, 2005
356 Main Street – Farmington, NH
Members Present: Neil Gosselin Jr., Gerald McCarthy, Elmer Barron, III,
Barry Elliott-Alternate Seated, John David Aylard-Alternate Seated,
Absent: Donna Gorney - with notification
Joanne Shompe - with notification
Randy Orvis - recused - presenting for an applicant
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Robert Ferland, Eileen Ferland, Stephen Henry, Dennis Lepene, Charles Goss
Vice Chairman Gosselin called the meeting to order at 6:08 p.m.
OLD BUSINESS:
Vice Chairman proposes to continue consideration of the minutes of 03/03/2005, 04/07/2005 as well as the Findings & Order for EquiVise, LLC to the next regularly scheduled meeting of June 2, 2005.
NEW BUSINESS:
Motion for Rehearing by WCV, INC., (Tax Map R53, Lot 13) regarding the decision that was rendered on March 24, 2005.
Butch Barron recuses himself from the board, has direct business association with applicant.
Gerald McCarthy feels that we have spent lots of money with attorneys and we should listen to their advice.
John David Aylard - agrees we do pay them a lot.
Barry Elliott - abstains "due to conflict of interest"
Paul Esswein - this is the same request as the board had previously turned down.
Vice Chairman - motion to deny rehearing of WCV, Inc., 2nd "Gerald McCarthy", Barry Elliot abstains, any discussion, all those in favor, motion passes
Vice Chairman Gosselin - would like to put on the 06-02-2005 agenda the vote and nominations for the positions of Chairman, Vice Chairman and Secretary. ALL ZONING BOARD MEMBERS PLEASE BE IN ATTENDANCE FOR THE JUNE 2, 2005 ZBA MEETING TO ALLOW FOR THE ELECTION OF NEW OFFICERS.
Barry Elliott - questions if someone did not want to go from Alternate to Regular than would it be up to the Selectmen to appoint an individual to the full time regular member to fill the open position.
Vice Chairman Gosselin - motions to adjourn to 6:30p.m., 2nd John David Aylard, no further discussion, all those in favor, motion passes.
6:30 p.m. Vice Chairman Gosselin calls the meeting back to order.
Application by Route 11 Ridge Road Farmington LLC; (Tax Map R50, Lot 47-3): Requesting a variance from section 2.08 (C) of the Zoning Ordinance "parking within the front setback" property known as NH Route 11.
Butch Barron - recused himself
Randy Orvis - Orvis/Drew presenting on behalf of the applicant and makes comment that there should be other people coming.
He opens his presentation by noting that this is in the IB District and that part of the ordinance calls for parking to be located to the sides and rear of the primary structure to meet the set-backs; they're proposing parking within the setback. The building on the left is conforming, the building on the right is proposed as a rental or condo used as commercial units for light manufacturing, wholesale distribution. There will be no retail, no strip mall type outlet units; building will be divided into individual units. Parking in front because of wetland and step ledged slopes in back. Land to the rear received a variance 1 year ago to become residential and the area between would account as a buffer. The reason for this request is to allow delivery access as well as dumpster placement to the rear, does
not have room to allow for everything out back. They intend to put a burm of 2'-3' high with plantings in the front as a view buffer, the building will be seen above tree line, but the front is covered by the plantings shielding most all of the building and front parking spaces. This request would not affect any of the surrounding property values. It would balance residential/commercial use within the Town of Farmington. Randy Orvis addressed each of the variance criteria's they are asked to meet.
Vice Chairman Gosselin - how far back are parking spaces? Randy Orvis - 12' from edge of R. O. W., which is 100'; which equates to 50' from center, line.
John David Aylard - is there enough parking for that size building? Randy Orvis - 42 spaces exact requirement for that square footage of a building. Also mentions underground propane and underground septic.
Gerald McCarthy - zoning was to allow for expansion on Route 11; if allow parking within front setback than it would infringe on center of road for future of Route 11 expansion.
Barry Elliott - rear parcel beyond brook would that exceed steep slope ordinance? Rand Orvis - with our ordinance the way it is does not now allow for expansion.
6:50 p.m. Vice Chairman Gosselin - opens the floor to the public for comment
Robert Ferland - abutter, all zoned industrial, no leans towards commercial, stretching this facility as Industrial, he considers plumbing business as commercial. What is the other building going to be? Does it meet zoning for industrial? I thought we're trying to keep commercial off of Route 11, how do you get there from an Industrial parcel? What would the hours of operation be?
Paul Esswein - uses proposed are allowed in the Industrial Business District and reads the uses allowed section of the Zoning Ordinance. Paul Esswein comments that we are here tonight for a variance request only on the setback requirement for parking.
Randy Orvis - this application if approved would still have to go to the Planning Board for Site Review.
Robert Ferland - Route 11 corridor -tractor trailer traffic - 42 parking spaces - feels will be a lot of traffic congestion.
Chuck Goss - Marketing Manager for proposed building - uses certainly will not be high traffic, just a piece of land that needs to be brought up to commercial uses.
Steve Henry - why 2 driveways? Randy Orvis - basically for truck turning, actually they / we are allowed 3 driveways by the ordinance, and we feel that a loop style would work.
Vice Chairman Gosselin - questions on why the parking spaces are in front - Randy Orvis explains the heavy ledge and steep slope out back.
7:01 p.m. Attorney Craig Salomon - Apologizes to the Chair and Board Members - they "Route 11 Ridge Road Farmington LLC" (Phil Sirowik) were stuck in traffic. Attorney Salomon would like to address the 5 standards to granting a variance, he argues each point of the 5 in detail. Attorney Salomon also uses the Simplex case as an example.
Gerald McCarthy - questions spirit and intent; discusses parallel road from Rochester to New Durham and what the intent was years ago for the Route 11 corridor.
Barry Elliott - agrees with Gerry somewhat on that statement; discusses issues about Route 11 and what will happen in 10-15 years and how those areas will look.
Randy Orvis - argues the point that by putting in a parallel road would disallow for a building on that parcel of land as the parallel road would take up the area of where the building would be located.
Barry Elliott - disagrees with Randy Orvis
Chuck Goss asks for clarification from the board with regards to the issue that the board is having with parking spaces.
Gerald McCarthy - explains his position on the subject same as previously stated what the intent of the Route 11 corridor was to be.
7:20p.m. Vice Chairman Gosselin - closes this portion to the public
Gerald McCarthy - not in favor of variance
Barry Elliott - nothing further to add
Vice Chairman Gosselin - We will now go through each of the 5 criteria's and discuss and comment on each one.
(1) No diminution of surrounding property value:
Vice Chairman Gosselin - does not devalue surrounding properties. Barry Elliot - does not devalue surrounding properties. John David Aylard - does not devalue surrounding properties. Gerald McCarthy - does not devalue surrounding properties.
(2) Not contrary to public interest:
Gerald McCarthy - Yes it is, what it's going to do to possibly widening Route 11. Barry Elliot - Yes it is and safety as well. John David Aylard - future is hard to decide, if an offshoot came he'd be concerned. Vice Chairman Gosselin - as John stated, doesn't know what future bring, he sees Route 11 standing for putting business in and feels that is what should be done.
(3) Unnecessary hardship - Use Variance -
(a) Interferes with reasonable use given unique setting
John David Aylard - does have limitations. Barry Elliott - obvious agrees to allow business to expand. Vice Chairman Gosselin - agrees. Gerald McCarthy - agrees.
(b) No fair relationship between purpose and restriction as applied
Gerald McCarthy - yes fair. Vice Chairman - yes fair. Barry Elliott - yes fair. John David Aylard - yes fair.
(c) No injury to private / public rights
Gerald McCarthy - yes it would. John David Aylard - not injure anybody. Barry Elliott - not injure anybody. Vice Chairman Gosselin - not injure anybody.
(4) Do substantial justice
Barry Elliot - no comment. Vice Chairman Gosselin - putting businesses on Route 11 helps the Town of Farmington and he feels that is the purpose of Route 11. John David Aylard - no comment. Gerald McCarthy - Zoning is for Industrial and the rules and regulations were developed for the future of the Route 11 corridor.
(5) Consistent with the spirit of the ordinance
Gerald McCarthy - would be. Barry Elliott - no hardship, property at Planning Board Sub-Division as they new ahead of time what rules were. John David Aylard - no comment. Vice Chairman Gosselin - would not be contrary.
Vice Chairman Gosselin asks if anything else to add by any of the board members - no comments.
Gerald McCarthy motions to deny applicants request, 2 of the 5 criteria's not agreed upon #2 - not in the public interest, the future of the Route 11 corridor and #3 - not in the spirit of the ordinance - not to end up as a miracle mile. 2nd by Barry Elliott, no further discussion, all those in favor, Vice Chairman Gosselin - "not" in favor, Barry Elliot, John David Aylard and Gerald McCarthy - "in" favor.
7:50 p.m. Motion to adjourn by Gerald McCarthy, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
________________________________________ ___________________________________
Elmer W. Barron III, Chairman Date
Farmington Zoning Board Of Adjustment
APPROVED WITH CHANGES AS NOTED IN "BOLD" 06-02-2005
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