ZONING BOARD OF ADJUSTMENT
THURSDAY - JULY 7, 2005
356 Main Street – Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Gerald McCarthy, Randy Orvis,
John David Aylard, Donna Gorney - Alternate Seated,
Absent: Barry Elliott-Alternate - with notification
Neil Gosselin, Jr. - without notification
Joanne Shomphe-Alternate - without notification
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Attorney Robert Herman, Barbara Elliott, Frank Barbarisi, Mark Hillsgrove, Joan Hillsgrove, M/M Hillsgrove Attorney (did not register on attendance log), David DeJager
Chairman Elmer W. "Butch" Barron III, called the meeting to order at 6:31 p.m.
Review and approve ZBA Meeting Minutes of 06-02-2005; discussion; Randy Orvis changed wording "direct interest" to "possible conflict" on page 1 of 6 under NEW BUSINESS 1st line of 1st paragraph.
Elmer W. "Butch" Barron, III seats Donna Gorney for Neil Gosselin, Jr.; Randy Orvis motions to approve the minutes as amended, 2nd Donna Gorney, no further discussion, all those in favor, motion passes.
Elmer W. "Butch" Barron, III polls the board members if any of them have concerns/problems or issues with his signing of previous minutes to meetings that he did not sit in on as a board member or chair, all board members unanimously agree that it would be agreed to have Elmer "Butch" Barron, III sign the past meeting minutes.
Elmer W. "Butch" Barron, III asks for any other business to come before the board, no comments from the board members or the public.
Continuation from 03-03-2005 ZBA Hearing for Appeal of an Administrative Decision By: Frank Barbarisi: (Tax Map U13, Lot 039); In re: the 15-foot set-back re: Tax Map U13, Lot 038):
Randy Orvis and John David Aylard recused themselves from this portion of the meeting as they have a conflict with hearing this case.
Frank Barbarisi Attorney Herman opens the discussion stating there is a consensus of both parties that there is a boundary dispute and that they want to get this boundary dispute resolved. Attorney Herman further states that he on behalf of his clients Barbarisi/Elliott he has made efforts to resolve with M/M Hillsgrove and their Attorney, but have not been able to come to an agreement.
Elmer W. "Butch" Barron, III - Advises Attorney Herman & M/M Hillsgrove Attorney that the Zoning Board has no power to make a decision on boundary disputes. The building permit was issued in good faith, does meet the set-backs and feels there is no business in the case to come before the ZBA.
Attorney Herman replies that they are contesting the issuance of the Occupancy Permit, as it does not meet the boundary set-backs, does not feel that the survey is an official documented survey as it has not been recorded.
Elmer W. "Butch" Barron, III - advises the Attorney's that this board does not approve surveys, and that this boundary dispute is a matter for the courts to handle. This board only addresses if the Permit was rightfully or wrongfully issued.
Randy Orvis does step up to interject that the boundary evidence would be on the plan, it would be indicated, he is fully available to do this, and further notes that he does not have a recorded copy. Randy Orvis and Attorney Herman have discussion defending boundary line and fencing placement.
Gerald McCarthy questions Attorney Herman.
M/M Hillsgrove Attorney comments they have not been able to have meeting of the minds over this dispute.
Elmer W. "Butch" Barron, III once again states that he does not believe that this issue belongs in front of this board.
Paul Esswein states that the building permit was issued and abutter failed to appeal within the 30 days, appeal was not done until Certificate of Occupancy was issued, the appeal was based on statement that setbacks have not been met.
Attorney Herman interjects that they are appealing the issuance of the Certificate of Occupancy.
Gerald McCarthy - asks, how does the board make a decision when the boundary decisions need to be rectified.
Elmer W. "Butch" Barron, III adamantly states this issue is about being a boundary dispute issue and this is not an issue for this board to decide.
Mark Hillsgrove comments that he previously submitted his survey which shows he should be in at 148', he's actually in at 153'.
Elmer W. "Butch" Barron, III once again reiterates that this boundary dispute is not for this board to make a decision against, Gerald McCarthy interjects that he is in agreement with the Chairman. Elmer W. "Butch" Barron, III further states that he does not know who's mistake it is and believes the parties need to sort this out between themselves or within the jurisdiction of the courts.
Randy Orvis comments that Mark Hillsgrove has presented evidence of meeting the required setback and Frank Barbarisi has not provided any evidence in support of his claim.
Gerald McCarthy motions to take no action on the appeal of Frank Barbarisi, Elmer W. "Butch" Barron, III interjects that he doesn’t believe "no action" is an acceptable motion, Gerald McCarthy restates his motion to
deny further hearing, 2nd Donna Gorney, no further discussion, all those in favor, motion passes.
7:04 p.m.
Application for Appeal for a Variance by Elm Street Farmington, LLC (David DeJager) (Tax Map U6, Lot #4): Requesting a variance to the terms of "permitted density" (units/square foot) to permit remodeling of existing unit at 19 Mechanic Street.
David DeJager is presenting for himself; he is proposing to remodel Peg's Keg into a Duplex that would make it a much better looking and attractive building. David DeJager reads and responds to each of the criteria's in his request for variance. He would like to focus mostly on #7; he has gone back and researched the Village Center District Zoning Ordinance under 2.05 and what the purpose of the spirit and intent of the ordinance is.
Randy Orvis - the floor plan that is being proposed now has 2-1 bedroom units versus previously submitted plan of 2-2 bedroom units; David DeJager - correct as it provides for better density.
Elmer W. "Butch" Barron, III questions the existing mobile home's number of bedrooms; David DeJager - there are 3.
Gerald McCarthy questions the square footage of each unit; David DeJager - roughly 36x20. Gerald McCarthy also asks what is total square foot of the building; David DeJager - roughly 4500; still same square footage as previous, only the number of bedrooms has changed.
Elmer W. "Butch" Barron, III - you are still asking for the same variance; David DeJager - yes, however I've reduced the number of bedrooms, have proposed off-street enclosed parking and allowed for greenspace.
Randy Orvis poses a question to Paul Esswein - If we should grant approval for 1-bedroom units, what is to prevent the applicant from turning them into 2-bedroom units, Paul Esswein - theoretically a building permit would be issued for a duplex each having only 1-bedroom and stipulations would be noted on the plan that they could only be 1-bedroom units. Randy Orvis notes that there are no abutters here for this application.
Gerald McCarthy questions a statement made by David DeJager about "bar trouble" and wants to know where that came from; David DeJager - from police records, a bit more discussion between Gerald McCarthy and David DeJager relating to police record information.
Elmer W. "Butch" Barron, III comments that the character of the street has been changing over the years.
Randy Orvis - believes new court rulings on hardship does meet the spirit of intent. Paul Esswein reminds each of the board members that they must make findings on each of the Variance Criteria.
(1) No diminution of surrounding property value:
Randy Orvis - no diminishing of property values; benefits public interest because of greenspace and off street covered parking offered.
Donna Gorney - questions the mobile home moving to the back and making greenspace available; suggests making a condition of approval.
(2) Not contrary to public interest.
Randy Orvis - zoning ordinance does interfere with the property
Paul Esswein - area variance requested is different than what Randy Orvis is reading.
John David Aylard - by scrapping trailer, will bring down density.
Elmer W. "Butch" Barron, III - if we consider his financial impact it's only a gain of 1 lot.
Discussion between the board members about the conversion of a bar to residential, Gerald McCarthy comments that people buying property know what the regulations are and come to the board requesting a variance (this comment was made as a rebuttal to a statement made earlier)
(3) Unnecessary hardship.
John David Aylard and Randy Orvis feel that this request is for a reasonable use.
Gerald McCarthy - no saying for or against it.
Donna Gorney - has not met the criteria for #3.
(4) Do substantial justice.
Randy Orvis - does substantial justice, meets all other criteria, in my mind is substantial justice.
Elmer W. "Butch" Barron, III - 20% change in density from last proposed use.
John David Aylard - does meet spirit - allows for more feasible use and improvements. Doesn't like density, but would be a common sense use of it.
(5) Consistent with the spirit of the ordinance.
Randy Orvis motions to find that this application does not diminish surrounding property, it benefits public interest because property will be rehabilitated, and there is no other financially feasible alternative to develop and does meet spirit of ordinance in rehabilitating downtown, does substantial justice, will be no benefit to Town of Farmington if variance is denied, lastly does doe substantial justice, 2nd John David Aylard, any discussion; Gerald McCarthy - does meet the spirit of the ordinance, does not meet reasonable uses, in his opinion there are other uses, "just my opinion", no further discussion, all those in favor, 2 in favor Randy Orvis, John David Aylard, 2 opposed - Gerald McCarthy, Donna Gorney, Chairman Barron is in favor.
Randy Orvis motions to grant the variance upon conditions:
Replace existing mobile home or move (must meet all set-back requirements) to another location to allow the creation of greenspace, create in-door parking spaces, rebuild sidewalk and work with the Town of Farmington on the R.O.W. and indicate on plat that the 2-units are to remain 1-bedroom duplexes, 2nd John David Aylard, further discussion, Gerald McCarthy would like to see the trailer removed completely, by doing so would create more greenspace.
David DeJager appreciates the point made by Gerald McCarthy, however by losing the trailer he would be looking at a loss of around $100K.
Paul Esswein suggests a friendly amendment wording of "removal or replacement of Mobile Home, as long as the greenspace is created", John David Aylard 2nd - the friendly amendment wording, Elmer W. "Butch" Barron, III not sure what Randy Orvis is trying to do. Discussion ensues about the greenspace and where mobile home is located, Randy Orvis accepts friendly amendment wording suggestion, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
Elmer W. "Butch" Barron, III calls for any other business to be brought before this board.
Randy Orvis makes a suggestion that we have a meeting with the Town of Farmington Attorney - Tim Bates at the next regularly scheduled ZBA Meeting of 08-04-2005; Chairman Barron agrees with the suggestion.
John David Aylard motions to adjourn, 2nd Randy Orvis, no further discussion, all those in favor, motion passes.
8:18 p.m.
APPROVED AS WRITTEN 08-04-2005
______________________________________ _____________________________
Elmer W. Barron, III, Chairman Date
Farmington Zoning Board of Adjustment
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