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ZONING BOARD OF ADJUSTMENT
THURSDAY - APRIL 7, 2005
356 Main Street – Farmington, NH
Members Present: Neil Gosselin Jr., John David Aylard-Alternate Seated, .
Donna Gorney-Alternate Seated,
Absent: Randy Orvis - with notification
Joanne Shompe - with notification
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Lorraine Meyer, Joann Doke, George Meyer, Jean Pease, Sue Ducharme, Mary Ahearn, Bernie Ahearn, John Law,
Vice Chairman Gosselin called the meeting to order at 7:08 p.m.
OLD BUSINESS:
Review and approval of the ZBA meeting minutes of February 12, 2005; John David Aylard motions to approve as written, 2nd by Neil Gosselin, Jr., no discussion, all those in favor, all respond I, motion passes.
Review and approval of the ZBA meeting minutes of March 3, 2005; Vice Chairman Gosselin motions to remand these minutes to the ZBA meeting of May 5, 2005 to allow further review, 2nd by John David Aylard, no discussion, all those in favor, all respond I, motion passes.
Review and approval of the ZBA meeting minutes of March 17, 2005; John David Aylard motions to move these minutes to the May 5, 2005 meeting as the members that were in attendance for the March 17, 2005 meeting are not at this evenings meeting to allow for review and approval - discussion between the board members and Paul Esswein as to the right of approval of these minutes, now John David Aylard motions to approve these minutes as written, 2nd by Donna Gorney, all those in favor, all respond I, motion passes.
Review and approval of the ZBA meeting minutes of March 24, 2005; Vice Chairman Gosselin motions to approve as written, 2nd by Donna Gorney, no discussion, all those I favor, all respond I, motion passes.
NEW BUSINESS:
Motion for re-hearing on the Special Exception for EquiVise, LLC:
Paul Esswein asks Vice Chairman Gosselin if he (Vice Chairman) would like him (Paul Esswein) to read the motion for re-hearing from the Attorney that is representing Margaret Russell, Norman Russell, Paul Parker and Paula Proulx, on Monday April 4, 2005 requesting a re-hearing on the EquiVise, LLC decision of March 3, 2005; after review by the Town of Farmington Attorney and myself (Paul Esswein) we determined that filing was late and in order to comply with the statutory requirements of 30 days, it needed to be submitted by Friday, April 1, and it did not make the statutory requirement. It is our opinion (Town Attorney and Paul Esswein) that you (ZBA Members) have no choice but to deny the hearing because the filing deadline was not met. We would recommend that you issue an order denying the motion for
re-hearing. Each of you has received a copy. There is discussion between the board members and Paul Esswein about the specific dates of receiving the motion.
Vice Chairman Gosselin motions to deny due to the rules to follow and not submitting on time, 2nd by John David Aylard, all those in favor, all respond I, motion passes.
REVIEW, CONSIDER AND APPROVE - LETTER TO CHANGE MEETING START TIME:
A letter from Doreen T. Hayden was submitted to the members of the ZBA requesting that the start time of 7:00 p.m. be changed to a start time of 6:00 p.m. (note that same was also submitted and approved to the Planning Board Members). Vice Chairman Gosselin agrees with the letter as did the Planning Board Members, Donna Gorney also thinks it is good, John David Aylard, thinks they should meet 3 times a month (joking); Vice Chairman Gosselin motions to approve Doreen's letter to change the start time, 2nd by John David Aylard, all those in favor, all respond I, motion passes.
Vice Chairman Gosselin motions to take an 8-minute recess until 7:30p.m., 2nd by Donna Gorney, all those in favor, all respond I, motion passes.
Vice Chairman Gosselin calls the meeting back to order 7:28p.m. and also would like to seat Donna Gorney and John Aylard for this public hearing portion of the meeting. Paul Esswein comments - to be on the safe side I would recommend that you re-vote on the previous motion to deny the re-hearing of EquiVise, LLC now that the 2 board members have been formally seated.
Vice Chairman Gosselin makes a motion to deny the motion of re-hearing dated April 2, 2005 in the matter of EquiVise, LLC, 2nd by John David Aylard, all those in favor, all respond I, motion passes.
Application by Sue Ducharme: (Tax Map U06, Lot #77); Variance request from section 2.04 (B); as one of the two lots for sub-division is short by 480 square feet, property located at 6 Freedom Drive.
Vice Chairman Gosselin advises the applicant that she has the right to continue her request to next month to allow for a full board hearing, as there are only 3 members in attendance this evening or continue with her Variance request with the 3 board members present. The applicant replies that she is thrilled that the 3 members showed and to go forward.
Paul Esswein addresses the board with his staff report with a summary of the application.
Sue Ducharme shows the board the larger maps she has brought that will give them a better view of what it is that she is trying to accomplish and asks the board what it is they want to know? Vice Chairman Gosselin replies - you tell us what it is you want. Sue Ducharme - I have property that by deed and tax map show that is a whole acre lot, however by survey it is short 480'; what is true about the lot it is Elm Street and Freedom Drive. The deed is an old deed and when written Elm Street was a Town road and Freedom Drive was a private road, the lot has 460' of frontage. Front Route 75 here (showing the map) her lot line is a fair piece off of Elm Street and also off of Freedom Drive (again showing on the map). What she believes has happened over time, is that as the status of the road has changed,
which has then caused her lot line to change by survey. Neighbors lot line surveyed in 1994, the property on the other side (this is a dead end cul-de-sac) was surveyed in 1982 and as of that date for a sub-division her lot still showed a full acre. Iron rods were set, which have since vanished, there is town water and sewer available on both lots. I am asking for a variance that will allow me to sub-divide my lot of 1 acre. The property has been for sale since January and I have had 1 person interested. She believes that its market for a 2-bedroom 1-bath house is towards 1st time buyers, which cannot afford a full acre, it is tax assessed as of 2003 re-assessment at $72,000.00; the market value of the property and the market value of the house are very different. She has used this property for 17 years for her horses. The back-lot is open and level, there are no wetlands, it is a very big acre, and there are no parts of the property that
are not useable. She believes it makes sense that it would provide 2 useable building lots. The applicant Sue Ducharme continues with her detailed presentation referencing the survey that has been done and the shape / triangle of the lot and the step footage versus the triangle. She also addressed the board with her meeting with the Planning Board and how they felt about her request / inquiry. There is some question from a board member about a 2nd variance she would have to request if she was approved on this application. Paul Esswein clarifies that she is asking for a variance for a sub-division to create 2-lots where the lot line is - is a Planning Board issue, the set-back is something the planning board cannot adjust, what she is asking for is a variance to sub-divide and a variance to allow for a minimum set-back. There is also discussion about the raised bed garden, the hay shed and the beautiful maple tree and the barn and what has been done in the
past by moving the shed and how it was moved into the 15'. Vice Chairman Gosselin, says that could be moved completely, but the applicant states it would be a diminution of property as it is a beautiful shed. John David Aylard asks what is being done with the sheds? The other lot? The applicant answers.
Vice Chairman Gosselin opens the floor to the public for comment either for or against this application.
Bernie Ahern - 20 Freedom Drive is opposed to the variance, he feels that the neighborhood has reached its carrying capacity as far as residential dwellings go, too crowded to put another dwelling in. There are 4 other residents on the road, each having about the same amount of acreage and they can't put another dwelling on their land, so they are basically being denied partial uses of their land, he feels it is inherently unfair to deny variance to all other residences when now here's Sue Ducharme asking for the same thing. Bernie Ahern asks the applicant if she had not moved to E. Wakefield and stayed at Freedom Drive would she have still requested a variance? Sue - No. Bernie Ahern feels that it is over burdensome to allow another house to be built on that 1-acre lot.
Vice Chairman Gosselin asks how many houses are on Freedom Drive - Bernie Ahern - 5. Vice Chairman Gosselin asks any questions - Donna Gorney asks if all the houses on Freedom Drive are 1 acre in size? Bernie Ahern - believes pretty much so, give or take. I've been there 21 years now and nobody has been able to build any type of dwelling other than a garage or pool miranda, which I have across the street. Vice Chairman Gosselin asks if he knows of anyone else that has come up for a sub-division? Bernie - no I don't believe they have, I live next to Alan Drew and he's pretty much told him the history of the place, Vice Chairman Gosselin asks if anybody has come in front of the board to have their land sub-divided? Bernie - Not to my knowledge. John David Aylard - how much property do you have? Bernie- right
around an acre. Donna Gorney - do you have the frontage necessary to sub-divide? Bernie - I believe I do yes. Donna Gorney - asks where it is he's located on the map? Sue Ducharme interjects that she has a copy of the subdivision for Riverside cul-de-sac that was done in 1982 and shows her property in relation to other properties. Sue Ducharme believes what made the difference between being a private road and a public road was in 1975 town water and sewer was put in which made it a town road at that point. She also enlightens the board about the 1982 subdivision and how most of the properties were divided by the cul-de-sac, from the housing on the river side and the land that was part of the sub-divisions that is across the street, those properties had deed restrictions that were imposed against to ever sub-divide or build dwellings - as a matter of fact Mr. Ahern put up a dwelling in violation of his deed 2-years ago, Bernie Ahern - excuse me Sue it is not a
dwelling - Sue - it is not a garage - there is bantering back and forth between Sue Ducharme and Bernie Ahern on what it is that Mr. Ahern constructed, Paul Esswein asks to drop it, it has been taken care of. Vice Chairman Gosselin asks if Sue Ducharme has her original deed with her tonight - Sue - No; Vice Chairman Gosselin asks Mr. Ahern if he has anything further to add, he believes that it has always been divided for those 4 houses, once again I don't see where it would be fair to grant Sue a variance where they deny full access / use to the other residents on that road. Vice Chairman Gosselin asks - denied full access - what have we denied on? Bernie Ahern - I can't build a dwelling which I don't have one there, and the other residents down the road can't either, Vice Chairman Gosselin - another dwelling; Bernie Ahern - correct; Sue Ducharme that was a deed restriction of the 1982 sub-division, Bernie - I believe that restriction has always been there according to Alan
Drew who was a Selectmen back in the 40's and was brought up when I applied for a pool miranda; so as far as it just coming about in 1982, I don't think that is wholly accurate. Sue Ducharme - I was there at the 1982 sub-division. John David Aylard asks how wide the road is now. Vice Chairman Gosselin asks if there is or was a restriction from sub-division, never for Sue Ducharme. Vice Chairman Gosselin asks if there is anything else, Bernie Ahern - if she is granted the variance he would like the opportunity to address the full board, Vice Chairman Gosselin explains to Bernie Ahern the procedure once the variance is granted and confirmed by Paul Esswein who also notes that although the ZBA might grant the variance the applicant will still need to go before the Planning Board for final approval.
Martin Shagnon - lives on the Easterly side - 57 Elm Street, lot 76, he is an abutter and does not have a problem as long as it can be done legally. It has been stated that you need a 1/2 acre, that is the zoning law and I understand what I don't appreciate is what I'm hearing here tonight about somebody is doing something they shouldn't be doing, well let's be quite about it, has been taken care of - I don't know what that's all about. Just want to make sure it's done legally. Vice Chairman Gosselin - that is why we have variances, so that if someone has a hardship on a piece of property or something else. Mr. Shagnon - doesn't know what the issue is on frontage, was told by Mr. Esswein that he could do the same thing on his property, I have 135' along the front, I think everybody in this building needs
to get on the same page before you come to a decision. One other thing which I don't think is a problem through sub-division but on the southern edge of that property there is a cemetery, I don't know if it's a Zoning Board or Planning Board that would decree set backs and how much area is needed to build a house, but there is a legal set-back for building within a cemetery location that being 25' from any single grave or graveyard under RSA 289:3. I'm the only physical abutter to that property and as I said, as long as it is done legally, I don't have a problem with it. Vice Chairman Gosselin asks the applicant if this is the cemetery (pointing to a location on the map), the applicant responds yes and sadly to say that there is a swimming pool on it now. Vice Chairman Gosselin asks if we have anything to state the setback now, Paul Esswein replies the RSA would state that. The applicant answers questions posed from the Vice Chairman about the sale of her
property, she explains she has moved to East Wakefield, NH and is now carrying 2 mortgages, sale on Freedom Drive is pending the 2-lot sub-division approval as the potential new owner as first time home buyer cannot afford to purchase the whole acre.
Vice Chairman Gosselin closes the hearing to the public 8:05 p.m.
Paul Esswein refreshes the board members on the procedures for granting a variance; the board members need to make findings on 5 separate criteria, if you find that any of the criteria is not met than you cannot grant the variance. He suggests that each criteria be gone through separately to determine if the applicant has met that criteria or not and then make your decision that way.
Vice Chairman Gosselin asks Paul Esswein if he would start by reading each of the criteria(s)
1st criteria - Vice Chairman Gosselin motions that it does not decrease the value, 2nd by Donna Gorney, no further discussion, all those in favor, all respond I, motion passes.
2nd criteria - Vice Chairman Gosselin motions to approve, 2nd by Donna Gorney, no further discussion, all those in favor, all respond I, motion passes.
3rd criteria - Vice Chairman Gosselin motions to approve A & B, 2nd by John David Aylard, no further discussion, all those in favor, all respond I, motion passes.
4th criteria - Vice Chairman Gosselin motions to approve, 2nd by Donna Gorney, no further discussion, all those in favor, all respond I, motion passes.
5th criteria - Vice Chairman Gosselin motions to approve, 2nd by John David Aylard, no further discussion, all those in favor, all respond I, motion passes.
Vice Chairman Gosselin - also would like to make the following stipulations that all the requirements of the Urban Residential District be held, do not want to variance any of that except the fact that she lost a little bit of square footage to conform with the 15' and 25' and also with the cemetery and other peoples property. John David Aylard would like to also add that he would like the back lot of 1/2 acre to the one done over and the other lot as the remainder.
Vice Chairman Gosselin - would like to make an approval to grant the variance for sub-division with the criteria that the applicant follows all the guidelines set for the minimum lot size of the Urban Residential District and that the newer lot is .5 acres and meets all the setback requirements.
John David Aylard motions to accept those as stated, 2nd by Vice Chairman Gosselin; no further discussion, all those in favor, all respond I, motion passes.
Bernie Ahern - for the record granting of the variance for an appeal - Vice Chairman Gosselin advises he has 30 days to file for an appeal - Bernie Ahern - I don't want to see a bulldozer over there tomorrow - Vice Chairman Gosselin - she now needs to go before the Planning Board for final approval, this meeting was just a step to have her variance approved to go forward to the Planning Board for approval.
Vice Chairman Gosselin motions to adjourn, 2nd by John David Aylard, no further discussion, all those in favor, motion passes. 8:30p.m.
___________________________________ ___________________
Neil Gosselin, Jr., Vice Chairman Date
Farmington Zoning Board Of Adjustment
APPROVED AS WRITTEN 07-07-2005
ELMER W. "BUTCH" BARRON, III, CHAIRMAN
FARMINGTON ZONING BOARD OF ADJUSTMENT
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