DRAFT COPY ONLY - FOR POSTING
ZONING BOARD OF ADJUSTMENT
THURSDAY - JUNE 2, 2005
356 Main Street – Farmington, NH
Members Present: Gerald McCarthy, Elmer "Butch" Barron III, Randy Orvis, Barry Elliott-Alternate Seated, Donna Gorney - Alternate Seated, Joanne Shomphe - Alternate Seated, John David Aylard-Alternate Seated,
Absent: Neil Gosselin, Jr. - with notification
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Margaret Russell, Norman Russell, Bruce Larrabee, Lynne Larrabee, James Melchionda, Todd Cain, David DeJager, Kelly Gilman, Jeff Gilman
As the most senior member of the board Randy Orvis calls the meeting to order 6:21 p.m.
The first order of business - board nominations and elections.
Barry Elliott nominates Elmer "Butch" Barron for Chairman; Gerald McCarthy questions the ability of an alternate to nominate; Elmer "Butch" Barron asks if there are any vacant seats to appoint? Paul Esswein - reviews status of regular and alternate board members. Gerry McCarthy nominates Elmer "Butch" Barron for Chairman, 2nd Randy Orvis; no further discussion, all those in favor, 2 in favor - Randy Orvis and Gerald McCarthy; 1 opposed Elmer "Butch" Barron. Elmer "Butch" Barron opens the floor for nominations and nominates Gerald McCarthy for Vice Chairman, 2nd Randy Orvis, no further discussion, all those in favor, motion passes. Elmer "Butch" Barron nominates Randy Orvis for Secretary, 2nd Gerald McCarthy, no further discussion, all
those in favor, motion passes.
Elmer "Butch" Barron - officially seats Donna Gorney, Joanne Shompe and John David Aylard.
6:31 p.m.
NEW BUSINESS:
· Application by Lynn and Bruce Larrabee (Tax Map R6, Lot 005): Property known as Camelot Shore Drive; Requesting a variance from Section 2.01 (B) of the Zoning Ordinance to allow construction of home, including deck, 4 inches into the required setback.
Randy Orvis recused himself from hearing applicants request as he has a direct interest in this application. Elmer "Butch" Barron indicated that he has a possible conflict as well, applicant has approached him for work to be done; he questions the board members - do they have concerns if he sits in on this application, no problems/concerns addressed from any other board member. Lynn Larrabee represents herself for this application; she addresses the 4" into the required setback. Paul Esswein comments that it is the rear corner of the house, the deck in okay into the setback. Elmer "Butch" Barron asks if there are any questions from the board members? Gerald McCarthy asks if the 5-step procedure must be addressed each time a variance request is brought before the
board? Paul Esswein advises the board members on the process that must be gone through to grant a variance.
Elmer "Butch" Barron goes through each of the "criteria's":
(1) No diminution of surrounding property value: No comments from the board members.
(2) Not contrary to public interest: Gerald McCarthy thinks it's a stretch; No other comments from the board members.
(3) Unnecessary hardship: No comments from the board members.
(4) Use Variance: No comments from the board members.
(5) Area Variance: Donna Gorney questions surrounding land; No other comments from the board members.
(6) Do substantial justice: No comments from the board members.
(7) Consistent with the spirit of the ordinance: No comments from the board members.
Paul Esswein reads what the definition on #2 is and the Attorneys' interpretation - no burden - no harm
Elmer "Butch" Barron calls for any other comments from the board - No response. Public Comments - No response.
Gerald McCarthy moves to grant the variance, 2nd John David Aylard, any further discussion, Elmer "Butch" Barron abstains, all others in favor reply I, motion passes.
6:50 p.m.
Donna Gorney steps aside to allow the seating of another member;
· Application by Todd Cain (Tax Map R6, Lot 205): Property known as Viviana Drive; Requesting a variance from Section 2.01 (B) of the Zoning Ordinance to reduce 50' setback requirement to 27'.
6:52 p.m.
Todd Cain is representing himself in the request for variance. Gerald McCarthy comments that he's taken a look at the lot and 23 feet is needed. Elmer "Butch" Barron - 49 feet in back, can't you move your house location. Todd Cain - septic system and well systems have distances that must be met, provides board members with septic plan. Elmer "Butch" Barron - questions Randy Orvis on how far is septic system from house; Randy Orvis thinks 25 feet. Discussion continues about the septic systems and the potential run-off.
Paul Esswein comments about other items that must be considered if the house gets moved.
Elmer "Butch" Barron - Calls for any other questions from the board members - No response. Public comment/input - No response.
Elmer "Butch" Barron goes through each of the "criteria's":
(1) No diminution of surrounding property value: Gerald McCarthy - everyone on that road must maintain setback. Todd Cain - Actually 26' and I own the yellow house across the way and was granted a variance previously for the same situation. No other comments from the board members.
(2) Not contrary to public interest: No comments from the board members.
(3) Unnecessary hardship: No comments from the board members.
(4) Use Variance: Randy Orvis discusses the relationship between the ordinance and the sub-division regulations in the AR Zone. No other comments from the board members.
(5) Area Variance: Randy Orvis doesn't see how the majority of homes were built before setbacks.
(6) Do substantial justice: Gerald McCarthy questions frontage. Randy Orvis covenants of 20' back from road, overridden by the Town of Farmington Zoning Ordinance. Paul Esswein comments.
(7) Consistent with the spirit of the ordinance: Joanne Shompe questions the lot size. Randy Orvis comments pretty typical of other lots. Todd Cain very close to other lots in the development.
Elmer "Butch" Barron - Calls for any further questions from the board members; John David Aylard - questions acceptance of the road and what the R.O.W. will be. Elmer "Butch" Barron - Calls for any comments/questions from the public. No public comment. Elmer "Butch" Barron asks if anyone cares to make a motion. Randy Orvis motions to grant the variance as it meets the tests of the requirements, 2nd John David Aylard. Elmer "Butch" Barron - any further discussion, Gerald McCarthy - It's a tough decision to make, but will go along with it, he would like someone to come and tell him more about the Lancelot Shores Sub-Division and the requirements. Elmer "Butch" Barron - calls for any further discussion, Randy Orvis amends his motion to include a
Certified Foundation Plan to ensure boundaries are in place, 2nd John David Aylard, no further comments, all those in favor reply I, motion carries.
7:16 p.m.
7:18 p.m.
· Application by Elm Street Farmington, LLC (David DeJaeger) (Tax Map U6, Lot 4): Property known as 19 Mechanic Street; Requesting a variance from Section 2.05 (B) to increase the allowed density within the Village Center District from 5,000 sq. ft. per dwelling unit to 3,451 sq. ft. per dwelling unit.
Elmer "Butch" Barron comments that he possibly has a conflict and Randy Orvis adds that he also might have a conflict; both of these board members have had business dealings with the applicant in the past. Both board members address the other board members and ask if they have concerns with either of them sitting in on this application. No problems addressed.
David DeJager presents on his own behalf. His discussion opens with his vision of change for Peg's Keg. He notes that one condition of his purchase was to close Peg's Keg which has been met and his intent now is to convert into residential duplex however by doing that is puts him over the allowable density.
Gerald McCarthy - asks all 1 lot now; applicant replies yes there is 1 5-unit; 1 3-unit; a mobile home; a duplex; by converting Peg's Keg into a duplex, it would now be 13 units on 1 lot.
Elmer "Butch" Barron - when did the mobile home go in, applicant - along time ago. Elmer "Butch" Barron - what about the parking, applicant - next to the trailer for the front unit and outback for the other unit.
Randy Orvis - tends to believe a variance was granted 15-20 years ago for a 5-unit and questions if there were any conditions to that approval. Paul Esswein - goes to assessing office and looks, could not find anything.
Elmer "Butch" Barron goes through each of the "criteria's":
(1) No diminution of surrounding property value: Randy Orvis can't disagree with that.
(2) Not contrary to public interest: Randy Orvis - benefit public interest, won't let it fall into disrepair.
(3) Unnecessary hardship: No comment from the board members.
(4) Use Variance: No comment from the board members.
(5) Area Variance: No comment from the board members.
(6) Do substantial justice: No comment from the board members.
(7) Consistent with the spirit of the ordinance: Randy Orvis looking at the floor plan, if you were to look
at this as just 1 very large unit you would end up with a 6-bedroom unit or something very huge. Gerald McCarthy asks what is average size of mobile home? Elmer "Butch" Barron - 14'-16' x 7. Gerald McCarthy further comments not in spirit of ordinance - density bulk standards up to 5000 square feet and doesn't want this to end up like Lawrence, Mass; doesn't think it is a benefit as the proposed density cuts it almost in half. David DeJager comments - was specifically designed as on Garfield Street.
Discussion continues regarding parking and property lines.
Elmer "Butch" Barron has mixed feelings and issues; side street does not support, the density is 5000 sq. ft., there are sidewalk issues and other infrastructure that needs to be addressed.
Randy Orvis - similar feelings as Elmer "Butch" Barron; but the nice part would be no more bars, and it would not fall further into disrepair.
David DeJager - speaks about the existing drainage and plumbing for Peg's Keg, which served food as well as beverages, and drainage and plumbing handled the load fine, also with water and sewer being pre-existing that also held the load, this type of facility used much more than the proposed 2-bedroom units will use.
Elmer "Butch" Barron - Calls for any other questions from the board members - No response. Public comment/input - No response.
Elmer "Butch" Barron asks for a motion. Joanne Shompe questions the parking situation, Randy Orvis answers - 26 spaces, which is 6 extra than what is called for. David DeJager comments that he has spoken with Chris Jacobs about parking and Chris Jacobs indicated there were plenty.
Gerald McCarthy moves to deny the variance request, based on # (7) "Consistent with the spirit of the ordinance"; he does not feel it conforms to spirit of intent; 2nd Randy Orvis - for discussion purposes. Randy Orvis doesn't completely agree or disagree. Randy Orvis reads the Zoning Ordinance for the Village Center District and what those standards are.
Gerald McCarthy - not in favor; 4 abstentions; motion to deny carries.
Randy Orvis - adds a comment, I wasn't ready to vote in favor or against.
7:57 p.m.
· Application by Elm Street Farmington, LLC (David DeJaeger) (Tax Map U6, Lot 12): Property known as 20 Mechanic Street; Requesting a variance from Section 2.05 (B) to increase the allowed density within the Village Center District from 5,000 sq. ft. per dwelling unit to 2,396 sq. ft. per dwelling unit.
David DeJager presents on his own behalf. This unit is across the street from Peg's Keg and follows pretty much the same format, this is known as the old Ajax Building.
Elmer "Butch" Barron - asks the old garage? only building on lot across street from Peg's Keg; it's a wood frame building.
David DeJager - Will be a very large 2-unit; 1-unit upstairs and 1-unit downstairs; both units would have 1 indoor and 1 outdoor entrance. Building is near end of its' life, I have restored many buildings and feels it's a landmark building for the Town of Farmington. This large size building does not justify the purchase to convert into a 1 unit.
Randy Orvis - Agrees it's a big building on a small lot.
David DeJager can see Gerald McCarthy point on public interest, others that he's spoken with about this building just want to level it. The only addition to this building would be a dormer, which does not increase the building only adds head room to the 2nd floor.
Gerald McCarthy questions the 105' on the frontage and if it has a 50' frontage from the street setback as required.
Elmer "Butch" Barron goes through each of the "criteria's":
(1) No diminution of surrounding property value: Elmer "Butch" Barron historic not a word to use - no
comment.
(2) Not contrary to public interest: Randy Orvis questions word landmark - architectural property with a
dormer.
(3) Unnecessary hardship: Joanne Shompe - questions apartments, condos', or selling units. David
DeJager, right now just refurbishing, not sure what the next owners intentions will be. Joanne
Shompe questions lot 13 next door. David DeJager - it's a bar
(4) Use Variance: No comment from the board members.
(5) Area Variance: No comment from the board members.
(6) Do substantial justice: No comment from the board members.
(7) Consistent with the spirit of the ordinance: Randy Orvis having read the purpose of same, the
purpose is to revitalize, the numbers look worse than last case; this is a large building.
Elmer "Butch" Barron - Calls for any other questions/comments from the board members - No response.
Public comment/input - Kelly Gilman - Civic Street; the Ajax Building abuts her property and is right in her back yard, permission would have to be asked to come into her yard to do any type of work. She questions David DeJager about what type of units they will be. She questions the window that faces her property as this gives direct view into her home and when renovations are complete and more windows added particularly on the second floor they will have no privacy at all.
Randy Orvis - questions Kelly Gilman about her backyard and looking at this how would that affect her privacy. She explains that the Ajax Building is so close to her property line that looking out 2nd floor windows gives direct view into her home. She would like to see David DeJager fix up the area as it is an eye sore she's been living with for many years as the bar creates weekend noise and music that makes it almost unbearable to open their windows, she is all for the renovations, it's their privacy that is in question.
Jeff Gilman - Civic Street he comments that the home is no more than 25' from building; his concerns are very similar to Kelly's. The back bedrooms look directly into their house. He also voices concern over it being a historic building that hasn't been considered as well as 2nd floor fire exits.
Elmer "Butch" Barron asks for any further questions from the board.
Gerald McCarthy - #5 is a concern of his. Paul Esswein reads commentary to #5 and what the courts descriptions is.
Elmer "Butch" Barron asks about where the Gillman's windows are and what they see out of them. He asks if a stipulation for frosted windows and planting along the boundary line would be a valid condition. Paul Esswein doesn't think that you could condition it to someone else's property.
Jeff Gilman - wants to add that he believes it's a good idea to fix up the eye sore and wants to insure that the cupola on the building will remain looking the same.
Elmer "Butch" Barron - Calls for any other questions/comments from the board members - No response. Any further public comment/input - No response.
Elmer "Butch" Barron - motions to accept as presented with stipulations that the 2nd floor windows - bottom panes have frosted glass installed and that the upper floor have no more than 6 windows, the placement of those windows can vary, but not the amount; also a stipulation to work out a means of privacy between the 2 lots, to include the planting of upright arborvitaes; this part of the stipulation is only if the abutters are in agreement to having these trees planted, if they are not then the planting of these trees is not a stipulation; 2nd Randy Orvis, Gerald McCarthy votes in favor even though this is similar to the previous application, no further discussion, all those in favor, all reply I, motion passes.
8:55 p.m.
Review and approve meeting minutes of 02-03-2005
Elmer "Butch" Barron - unseats Joanne Shompe and reseats Donna Gorney and John David Aylard.
Randy Orvis motions to approve the minutes as presented, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
Review and approve meeting minutes of 04-07-2005; John David Aylard motions to approve as presented, 2nd Donna Gorney, all those in favor, motion passes.
Elmer "Butch" Barron - unseats Donna Gorney and seats Barry Elliot for the vote on review and approve meeting minutes of 05-05-2005, Gerald McCarthy motions to approve as written, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
Gerald McCarthy motions to adjourn, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
9:30 p.m.
________________________________ _____________________
Elmer "Butch" Barron, III - Chairman Date
Farmington Zoning Board Of Adjustment
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