ZONING BOARD OF ADJUSTMENT
THURSDAY - AUGUST 4, 2005
356 Main Street – Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Randy Orvis, Barry Elliott-Alternate - Seated,
John David Aylard
Absent: Gerald McCarthy - without notification
Neil Gosselin, Jr. - without notification
Joanne Shomphe-Alternate - with notification
Donna Gorney - Alternate - with notification
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Deborah Quisumbing, Tim Bates - Mitchell & Bates - Town of Farmington Counsel, John E. Aylard, Elaine Aylard, Scott Drew, Jean Aylard, Eric Almanzan, Wendy Drew, Kathy King,
Chairman Elmer W. "Butch" Barron III, called the meeting to order at 6:15 p.m.; seats Barry Elliott for Donna Gorney.
Review and approve ZBA Meeting Minutes of 07-07-2005; Randy Orvis motions to approve the minutes as written, 2nd John David Aylard, no further discussion, all those in favor, 1 abstention = Barry Elliott, motion passes.
Chairman Barron turns the floor over to Town of Farmington Counsel - Tim Bates to engage some dialect with the board members for training purposes on the roles of the ZBA and the explanation of the criteria's that are used to determine the applicants' variance request.
Randy Orvis does not have a particular question, just wants to talk about the Spirit of Intent; as he questioned this in a past meeting that was held with different board members and Tim Bates who did define, Randy Orvis would like to have that discussion again, since we do have new members on the board.
Barry Elliott - appears to me that there are times people have to read in to it and basically use your own common sense; it is not a black and white issue. Tim Bates - you're right in that matter, almost every one of the applicants that come before the board are determined by every individual differently. They're really aren't any cut and dry answers. The judge is only supposed to look at the judgments that the board made as long as it stays within the law.
Chairman Barron - doesn't the court look at us as lay people. Tim Bates - yes, but they take that into account as a procedural error. Tim Bates discusses with the members of the board various scenarios and their outcomes.
6:42 p.m.
Chairman Barron now opens the public hearing portion of this meeting.
Application for Variance By: John David Aylard, (Tax Map R58, Lot 7) on 9.69 acre parcel: To the terms of Section 3.01 of the Zoning Ordinance to allow construction of 2nd home at 239 Hornetown Road with less than 250' of frontage per dwelling unit.
Chairman Barron suggests temporarily tabling this application and moving on to the next application to allow the showing of two other board members so that a full board would be present to hear the Aylard application, since John David Aylard is on the Zoning Board as is Randy Orvis who must recuse himself. John David Aylard is in agreement with this suggestion.
Application for Variance By: Scott & Wendy Drew, (Tax Map R49, Lot 009-1) on 2.83 acre parcel: To the terms of SR1 Zoning to allow for a 3-lot sub-division.
Randy Orvis recuses himself, leaving only 3 members on the board. Chairman Barron explains to the applicants that they have the option to go forward tonight with their variance request which could render them a deadlocked decision by the board, being that there are only 3 members on the board, all 3 members would have to be in agreement to grant the variance otherwise it would get denied; their other option is to continue this variance request to the next regularly scheduled Zoning Board Of Adjustment meeting to be held on September 1, 2005, however there is no guarantee, that meeting will have a full board. Wendy Drew so you mean we could go to the next meeting and still not have a full board, she asks where are the members? Chairman Barron 1 called in sick, 1 is on vacation and 2 are no shows; the applicant
comments that she came back from her vacation specifically for this meeting and why don't the board members schedule vacations around meetings, they are only once a month, Chairman Barron does apologize to the applicant and explains to her that the board is made up of volunteers, non paid citizens and sometimes people do get sick and issues arise that are not in their control. Wendy and Scott Drew have discussion between them and determine that they would like their application heard this evening. Wendy Drew begins by describing that originally they wanted to subdivide into 4-lots and were told at that time they met all the qualifications by both the Planning Board and Surveyor and it was approved; however that approval was in the wrong Zone, she continues that if the error had not occurred in the Zoning they would have been able to subdivide.
Chairman Barron calls for questions from the board members.
John David Aylard - does the Town of Farmington plan to extend water down to that area? Paul Esswein - water is already there, sewer / septic would need to be installed.
Chairman Barron - reviews the subdivision plat from original lot #9; advises the applicants to read through each of the 5 criteria.
Everett Stevens - presents a letter signed by the 5 abutters of Trotting Park Road development, extracts from the letter include; stresses on existing road, original time of subdivision, the Planning Board made a requirement to widen the road and the Drews said no, more homes have been added, stresses on the water system and loss of water pressure, an additional 3 homes in the development certainly would rather crowded.
Brian Peters - he is presenting on behalf of his wife, landowner Charity Iglupas-Peters and is opposed to the granting of this subdivision, by doing so it would raise their property taxes and diminish the property values in the development, he feels the Drews are short of dishonesty to add 3 more homes, there have been no changes to the road to allow accommodation of 3 additional homes, the esthetics of the property would be diminished by squeezing in 3 more new homes.
Randy Orvis would like to address the board and applicant to clarify the only error on the original plan, Zone was marked SR and not SR1 and the difference is SR reduces the lot size with on site utilities whether the error was know or not, they would not have been able to get 2 acres, it still would have been short and a house would have been between 2-lot lines. Town of Farmington did not require widening of road; perceptive easement only gave to the Town of Farmington. This is the only SR1 area in Town of Farmington that has Town of Farmington service.
Brian Peters - when he and his wife bought the house, he asked the Drews are you going to build homes, Mr. Drew replied, don't hold your breath.
Wendy Drew asks if we can rebut to the comments made, she implies that the surveyor they have says they can adjust lot line, Wendy Drew feels she has certainly given the Town of Farmington what they wanted and not to mention the monies they've spent on attorneys already, Wendy Drew also comments that her abutters say she is opposed to changes in the road, but in fact they were in agreement to the road maintenance.
7:15 p.m.
Chairman Barron calls for a 5-minute recess to allow Paul Esswein to locate the original subdivision plan for Wendy & Scott Drew.
7:20 p.m.
Chairman Barron calls the meeting back to order.
Barry Elliott - just looking at the original submittal it appears that there were 3 test pits done, not sure of the intention of why 3 test pits done.
Randy Orvis - comments based on barn, doesn't look like you gained appropriate square footage.
John David Aylard - no comments at this moment.
Chairman Barron and the members of the board discuss and respond to each of the criteria as listed on the applicant's request for variance. Chairman Barron advises the applicant's that the mistake that was previously made has no bearing on the subject before us. Chairman Barron asks Paul Esswein if this application would be considered a Major or Minor subdivision, Paul Esswein - Major.
Everett Stevens once again approaches the microphone to address the members of the board to advise the reason the Town of Farmington's water hook-ups were put in were due to the lot originally purchased by the Drews having a contaminated well and that the State of New Hampshire paid the Town of Farmington to run the water to her original house.
Chairman Barron recollects that the Town of Farmington water that was installed was done by him and before that it was individuals wells when the Blaisdells owned.
Brian Peters - addresses the members of the board in questioning the paving of the road; he is advised, that subject would be discussed at a Planning Board hearing not at Zoning Board hearing.
Paul Esswein advises the only issue remaining that has not been addressed in the use of the property requiring a variance.
Barry Elliott motions to deny the request for variance, based on the fact that the board is not denying the use of the property, the property is still a valuable 2 lot subdivision and just not 3-lots, 2nd Chairman Barron, no further discussion, all those in favor, 1 abstention = John David Aylard, motion passes.
Application for Variance By: John David Aylard, (Tax Map R58, Lot 7) on 9.69 acre parcel: To the terms of Section 3.01 of the Zoning Ordinance to allow construction of 2nd home at 239 Hornetown Road with less than 250' of frontage per dwelling unit.
John David Aylard must recuse himself, Randy Orvis recuses himself, leaving only 2 board members to hear the applicant; Chairman Barron as does Paul Esswein advise the applicant John David Aylard that since there is not a full board available to hear his variance request they suggest that this application be continued to the next Zoning Board of Adjustment Meeting to be held on September 1, 2005; John David Aylard asks if there might be a special meeting within the next 2 weeks as his Approval for Construction from the state DES for the septic design is soon to expire. Chairman Barron explained to the applicant that there is no guarantee that all the board members will show in 2 weeks and that he might have a better chance of waiting until the next regularly schedule meeting. Some discussion continues between
the applicant, the board members and the applicants' wife Jean Aylard. Final decision by applicant, continue to the next regularly scheduled ZBA meeting. Chairman Barron motions to continue this application to the next Zoning Board Of Adjustment Meeting scheduled for 09-01-2005, 2nd Barry Elliott, no further discussion, all those in favor, motion passes.
7:45 p.m.
Randy Orvis is reseated onto the board.
Application for Variance By: Eric Almanzan (Tax map R6, Lot 219) on .21 acre parcel: To the terms of Section 2.01 (B) Space and Bulk Standards - Agricultural Residential District regarding setbacks and Section 3.12 Steep Slope Development Standards.
Chairman Barron apologizes to applicant Eric Almanzan for the delay.
Eric Almanzan presents on his own behalf requesting a front setback variance.
John David Aylard asks how big is the home he is proposing to construct? Eric Almanzan - 26'x36' house with 2-Bd.
Chairman Barron goes through each of the 5-variance criteria and the members of the board discuss each. There are some questions posed by the members of the board and answered by the applicant Eric Almanzan.
Barry Elliot motions to grant the variance, 2nd John David Aylard, no further questions, all those in favor, motion passes.
Chairman Barron has one last comment to the applicant to make sure that the house is built as is stated on the application, no deviations.
Paul Esswein has discussion with the members of the board advising of his anticipated presentation to the Planning Board regarding the Lancelot Shores / Baxter Lake Subdivision consideration to change the Zoning in that Subdivision only, as there are 60 more lots to be built upon which would mean 60 more applications to come before the Zoning Board Of Adjustment of Variance Approvals.
Chairman Barron asks if there is any other business to come before the board, Randy Orvis questions the driveway handout that was placed at each of their seats, Paul Esswein explains it was given as an FYI handout, no bearing on any cases before the Zoning Board Of Adjustment.
Barry Elliott motions to adjourn, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
8:00 p.m.
8:01 p.m.
Tim Bates - Mitchell & Bates Town of Farmington Counsel spends the next 1-hour discussing in great detail interpretations of the various Variance Criteria, as well as the Zoning Board of Adjustment Handbook.
Meeting end time 9:05 p.m.
APPROVED AS WRITTEN 09-01-2005
___________________________________ _____________________________
Elmer W. Barron, III, Chairman Date
Farmington Zoning Board of Adjustment
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