ZONING BOARD OF ADJUSTMENT
THURSDAY – OCTOBER 6, 2005
Farmington High School Auditorium – 40 Thayer Drive – Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Randy Orvis, Barry Elliott-Alternate, John David Aylard, Gerald McCarthy, Donna Gorney-Alternate, Joanne Shompe-Alternate
Absent: Neil Gosselin, Jr.
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Paul Weston-Farmington Town Administrator, Manny Krasner-Attorney/Public,
Lynda S. Peaslee, John A. Raluheau, Robert Gagnon, Jay Bisson, Jill M. Tozier, David F. Tozier,
U.T.E.M. Peaslee, Michael A. Morin, Denny J. Morin, Ernest Richards, Diane Leocha, Rodney Thompson,
Paul E. Glazer, Mark Hilton, Victor Piekarski, Gloria Swisher, John Wingate, Jane Wingate, Rachel Burke, Norman Sonier, Patricia Sonier, Joyce White, Gary White, Pat Taylor, Nelyina Leary, Ken Leary, Bill Rodgers, Susan Snow, Denise C. Houde, Jacqueline D. Capello, Ron Gehl, Brad Anderson-Conservation Commission; Economic Development and ZAMPS, Judy Thompson, S. Ryan, Joel Wright, Clifton Wright, Anne Campbell, Arlene Joan Chabot, Jean P. Peare, Jeanne Blinkinsop, Troy N. Taylor, John L. Taylor, John Borg, Carol Borg, Noelle M. Diome, Jean Huppe, Barbara Dionne, Kristen Gordon, Maris Gordon, Leanne Fournier, Jason Buote, Joan A. Funk-Public/Selectman Chair, Matt Scruton-Public/Selectman, Diana Jansen, John Nolan-Rochester Times/Fosters Daily, Stephanie Piso Nolan, Bill Baxter, Patience Taylor, Thomas Taylor, Mr. &
Mrs. Elmer W. Barron-abutter 102 Aiken Road, Mr. & Mrs. Paul Cameron, Sr.-215 Hornetown Road, Leslie Kelly-837 Meaderboro Road, Marilyn Robicheau, Charlie Bodwell, Sandy Bodwell, Lee C. Russell, Barbara Russell, Benson Baillojean, Richard Pelkey, Dottie Bean, Susan Lokr, Mary Barron, Stephen Cahill, Marianne Cahill, Jeff Harrison, Jeffrey F. Harrison, Honorable Sam Cataldo, Alonzo W. Henderson, Jr. Jean M. Aylard, Elaine Aylard, Cathleen Joy, Peggy Stevens, Linda Losee, Richard Maloon-Public/NewDam, Tarina Newcomb, April Sciacca-Conservation Commission, Annette Cook, Lura Jackowski, Matthew McConnell, Gina Lussier, James Lussier, Carrie McCarthy, Joe McCarthy, Siobhan Cardinal, Paul S. Cardinal, Tom Salvetti, Phyllis Salvetti, Jim Horgan-Public/Planning Board, David Kestner-Public/Planning Board, Eric Almanzan, Mark Filion-RSA Development, LLC,
** Please note that although the attendance sheet requests that names be printed, the public continues to write,
some of the writing is not legible therefore spellings could possibly be wrong, also there are 4 names that are
not even legible to make a guess **
Chairman Barron calls the meeting to order at 6:08 p.m.;
Randy Orvis motions to approve the meeting minutes of 09-01-2005 as written, 2nd John David Aylard.
Chairman Barron calls for a motion on the Amended by-laws that changes the meeting session start time to 6:00p.m. from 6:30p.m.; Barry Elliott motions to make this amended change, 2nd Gerald McCarthy, no further discussion, all those in favor, all respond I, motion passes.
Chairman Barron announces that the attendance sheet is on the side table as you exit the gymnasium and if you have not registered, please insure that you do.
6:15 p.m.
Chairman Barron recuses himself from the next application hearing and seats Gerald McCarthy as Chair; Gerald McCarthy seats Barry Elliott as replacement for Chairman Barron, seats Donna Gorney for absent Neil Gosselin, Jr.; Joanne Shompe not seated but remains at the table for discussion purposes.
Paul Esswein opens the meeting by reading his written introduction of what a Special Exception is and its requirements. He also reads through the application content that describes the N.A.T.L. operation as well as the applicants’ answers to each of the criteria’s under the Special Exception Application.
Acting Chair Gerald McCarthy explains to the applicants and the audience the process that this meeting will follow with regards to calling for abutters to speak for the application, and then rebuttals to those comments, then on to abutters to speak against the application and then rebuttals to those comments, and this process will continue until all has had the opportunity to speak.
Acting Chair McCarthy turns the floor over to John Daley – Pierce Atwood Counsel for the applicant. Mr. Daley proceeds to explain how they will conduct their portion of the meeting with Mr. Gifford giving the primary overview of the intent of the operation.
William Gifford – President begins his presentation explaining the position of the N.A.T.L. who they market their services to, which are primarily military and law enforcement professionals, he anticipates picking up federal work, a significant investment has been made at 2.3 million dollars, gave the assurance that the cliental will be of a professional nature, the 2.3 million dollar investment will bring substantial revenue to the Town of Farmington. The U. S. Navy is their primary target for use. With us this evening is retired Navy Seal Mr. Glen Andrews from Tran Systems with corporate headquarters located in Kansas City, Missouri. There is also an office in Norfolk, Virginia that also does lots of work with the U. S. Navy. I (Mr. Gifford) have asked for their assistance with the conceptual
design we are showing here today which is the basic concept and what the plans for the project are. Mr. Gifford turns the presentation over to Mr. Andrews;
Glen Andrews provides the board members and audience with a Power Point Presentation, this presentation details what the operation will consist off; Site Plan Details, Outdoor Ranges, Indoor Range, Judgmental Training Facility, Concept, Outdoor Ranges, Residential Units, Environmental Issues, Traffic Congestion, Acoustics, Sound Levels, Inverse Square, Acoustic Footprint : all of this presented and comments made that N.A.T.L. is required to meet strict guidelines, adhere to all regulations, safety is their 1st item on the list, use will be for Military and Law Enforcement only. Defines 5120’ equaling 1 mile; decibel level is the same as speed, slides of decibel levels presented in various formats.
Mr. Ron Blackburn presents next summarizing his 20-years as a Navy Seal Team member, his insight to what the Navy Seal Teams requirements are as well as working on similar Naval Units. Makes comments about the Naval Special Warfare Training Facility. Addresses the fact there are 38 shooting facilities in New Hampshire.
Mr. Gifford – as the facility matures the possibility of having competitive shooting available will be reviewed as developing relationships in the Town of Farmington grows we also envision the facility to be used by the Boy Scouts and R.O.T.C.
Acting Chairman McCarthy opens the floor to the public for those that are in favor of the application, No comments.
Acting Chairman McCarthy poses several questions to William Gifford; What kind of weapons; small 22 long and large 50 caliber. Will there be night training; yes. Will there be tracer weapons; no. Will there be helicopter drops; is a possibility at night – so potentially yes; 1-2 evolution of aerial not more than 2-3 drops, 2-hour capacity. Will there be flares; no. What is the use of the golf course; maintain affordability, an idea is for later development of golf course, only used by the individuals at the training facility, it takes 2 months to train Navy Seals who cannot play rough games where they might become injured, this golf course for use in their down time as it is a minimal infraction to getting hurt. What about growth; the projections to grow into the site plan as indicated on the presentation,
will take a full 7-years for complete development. Will there be barracks or separate rooms; we are looking a homes with wings off the side of the house, anticipate 12-16 people per home. What is the learning center; there will be 6 offices, classroom for 28 students designed as a residential center.
Acting Chairman McCarthy polls each of the board members to address their questions to the applicant.
Randy Orvis – What is your traffic support plan – daily, weekly, monthly; Mr. Gifford - will consist of FedEx, UPS type deliveries an occasional motor delivery; potentially 2 tractor trailers per month. You stated no flares, how about smoke vents; Mr. Gifford - those would be used in the shooting house.
Barry Elliott – What is the square footage of the shooting range; Mr. Gifford - what you see is a very preliminary idea, size approximately 80 acres used of the 174-acre lot. Question to Ron Blackburn – you mentioned 2 primary uses in an AR Zoning District – could you repeat those locations; Mr. Blackburn –
1-Missouri, 1-North Carolina and this location is in a neighborhood of surrounding rural homes. What about environmental issues – who else does self-monitoring; Mr. Blackburn - these are self regulated businesses as other gun clubs in surrounding areas, OSHA is also involved we have significant guidelines to abide by.
John David Aylard – You stated that you will have 1800 – 2500 trainees that indicates a 30% increase, what is it going to take to staff; Mr. Gifford - we are looking at 14-full time staff members and some adjunct instructors, based upon our experience now we are under a preliminary review, we do not have any contracts, the units that we deal with cannot sign contracts it is a U. S. Law, in the Mid-South facility the staffing is 3. John David Aylard - Will you be storing any gasoline or fuels; Mr. Gifford no – only contractor type equipment, lawn mowers, etc. John David Aylard - Other than helicopters, what would be the noisiest issue; Mr. Gifford - gunfire and minimum explosives.
Donna Gorney – Do you have your own medical team; Mr. Gifford - no. Donna Gorney - Then medical services would be required; Navy Seal Glen Andrews responds that typically the Army Special Forces have their own medical staff, law enforcement and SWAT teams have their owned trained staff for medical services, the only services would be ambulance transportation. Donna Gorney - What about psychological evaluations; Navy Seal Glen Andrews explains the psychological regimen that each go through prior to officially becoming a Navy Seal.
Joanne Shompe – You commented about minimal explosives can you elaborate; Mr. Gifford - it will be ¼ lb or less to allow the entrance through a steel door or window. Joanne Shompe - Terrorism attacks – live agents used; Mr. Gifford - absolutely not, smoke screens are used under certain conditions.
Randy Orvis – On the topographic map appears a few places that may be 1-2 miles higher looking down onto the grass or gravel or concrete areas; Mr. Gifford - the ranges will be surrounded by burms I doubt very much that you would be able to see anything.
Joanne Shompe – One more questions - how close is the closest residence; Mr. Gifford - approximately 1500 feet from our property line.
Acting Chair McCarthy now opens the floor to the public for their rebuttals.
John Cardinal – How far from Ridge Road; Mr. Gifford – less than 1 mile. How far from end of road to the beginning; Mr. Gifford – 1780’ on Class VI R. O. W. How farm from Ten Rod Road; Mr. Gifford – Approximately 1930’ to the property line.
Representative Sam Cataldo – Valid concerns I’m sure, will this be controlled by a range office; Mr. Gifford – It follows standards and procedures – yes.
Steven Jansen – 17 Gerry Lane – I’ve been a police officer at the shipyard and in the Military, I have been on firing ranges for 15 years, the range master does not take any crap, I’ve never seen anyone shooting randomly, I’m for this.
Public (?) – What type of economic gain are you proposing; Mr. Gifford – the tax based on 2.3 million project would yield 40,000 – 50,000 dollars in tax revenue, the clientele of 1500-1800 would be frequenting the local facilities, when they have down time they tend to go off the range and go out, this would also impact positively the local trades, all building trades would be effected in a positive way, use of locals to build the development.
Marilyn Robichaud – How did we get so lucky to have you choose our Town of Farmington, when we can’t even get a grocery store, we have no recreational facilities, the people on this road put there land into conservation land, horses can not stand that type of noise, our property values will go down, not to mention that we did not even allow a skeet shooting range in when they wanted to come in.
Matt Scruton – I don’t think the issue is patriotism, economic, etc; the issue is a Special Exception that meets those criteria, there is only 1 violation that is needed to deny the application and I feel that this facility meets 1 if not all and I request that this application be rejected, please don’t turn our agricultural zone into a war zone.
Public (?) – 42 Blueberry Drive – Your corporation was formed in April, how many officer and who are they? Are there any sub-corporations, any public land, will there be alcohol on site, I am not in favor.
Manny Krasner – Based on what Mr. Scruton said this project should be dead, I have also checked with other realtors “Betty Walters” and she has provided evidence beyond what the applicant has that the burden to meet has not be done. I have neighbors that are 400’ away and on a clear night like tonight I can hear their conversations. You would be surprised how the bedrock takes sound all around; I don’t believe that 1-2 helicopter flights per night are not going to impact sound. Manny Krasner enters quite a dissertation on why we should not allow a Special Exception; in closing he believes based on the information before you tonight that you cannot make a finding that this is going to go through under a Special Exception.
Siobhan Cardinal – 1355 Ten Rod Road – I don’t believe this is the place for you, reads the future land use from the Zoning Ordinance relating to West of Route 11; I am opposed to this; I have signed petitions to enter into the record, I’m ready to raise a family and don’t want to hear helicopter and gun shots, I am opposed.
Jeffrey Harrison – Ridge Road – I have no questions, just want to make a point, Mrs. Gifford stated, people will just have to get use to the noise, since when do we have to just get use to it?
Susan Locke – We have 150 acres on Hornetown Road and are within 1 mile from the site, we own and operate Sundance Christmas Tree Farm, most of our business is in the month of December when we see approximately 1000 – 1500 customers and their families, choosing and cutting down their Christmas Tree and enjoy the value of this peaceful and rural area, Mrs. Gifford please do not insult us with “you will get use to it”.
Brad Anderson – Sheepboro Road – this measure should be defeated, points to many flaws in the application, can you break down into hours and minutes how many shots fired with 2-3 million rounds of ammunition. When the weather is right I can hear the tires on Route 11, this sound testimony is not valid. Are the applicants aware of how many residential homes, there are 136 residential and 6 that are current use properties. Have you owned any other companies, do you own an aviation business.
Mary Barron – Ridge Road – I have a letter from the Real Estate Office of Hourihane Cormier confirming that the value of my property would be impacted negatively with the development of this type facility; roads are posted 6-ton load limit in the winter months how will motor deliveries make it up the hill.
Ron Gale – New Durham Selectman – I’ve heard many of the same questions from New Durham; mostly questions regarding the regional impact, RSA 36:54 – 58 state statues development of surrounding referenced 672:7.
Judy Gary – New Durham abutter – generations have lived in the surrounding area, does have an impact on neighboring communities, I am opposed.
Bill Baxter – 1139 Ten Rod Road – noise levels of helicopters, guns and explosives, guns are small in nature compared to helicopters.
Jill Tozier – 10 Rod Road – Fosters referred to anti-terrorists and homeland security, I have contacted Bob Pragoff and Captain Jeff Noyes and they have not heard of such an entity.
Clifford Bergoine – New Durham – Ridge Road – Makes an opinion about helicopters and their size and noise.
Jane Berkesstock – Ten Rod Road – asks is this will be for training terrorist as an attack site.
Acting Chairman McCarthy opens to the applicants to rebut and comment on any of the publics input just heard.
Attorney John Daley – This is a start up business, my clients are not trying to hide anything, Mr. & Mrs. Gifford will live on the site and are the sole owners of the operation. The Zoning Ordinance does permit “a use not specified” it is not illegal use.
Mr. Gifford we indicated helicopters at 2-3 times per month.
Attorney John Daley – If my clients do not get contracts, then there will be no business. Mr. & Mrs. Gifford and there child are going to live on the premises. As for the Blackwater facility that is federal contracts, are there going to be South Africans and Chileans, I can’t tell, their business is used for training.
Mr. Gifford comments / answers some of the citizens opposing questions.
Ron Blackburn – adds comments regarding the sound decibels and the impact on the surrounding areas.
Siobhan Cardinal – The applicant has not met the tests of the Special Exception, they fail.
April Shavot – April Lane – You are asking that we take your work, you already have an aviation business and I understand that people grow there businesses but we do not think this business will work.
Brad Anderson – Glad the relationship was brought up, made reference to the definition of a permanent use, feels the board should deny on behalf of the community.
Arthur Cardinal – 1365 Ten Rod Road – spoke about not ledge, spoke about the sides of Mad River and being ½ mile down road he can hear the ducks.
Elaine Aylard – 239 Hornetown Road – 1500’ ft proximity, the gentleman are missing the point on the sound, I rebut the applicants request.
9:20 p.m.
Acting Chairman McCarthy closes the meeting for public comment and addresses the board members in discussion of a training facility definition. Acting Chairman McCarthy reviews each of the criteria of the Special Exception and takes input on each one from each board member so that a conclusion could be made.
#1 – This does not apply
#2 – Barry Elliott – cannot be 100% sure; John David Aylard, Donna Gorney and Randy Orvis all agree that this does not meet the requirements.
#3 – Barry Elliott – with the evidence presented I believe that it would diminish the surrounding property values in addition to the general characteristics being affected, no evidence provided that the noise levels could be obtained. Gerald McCarthy – agrees that the property values would be diminished. John David Aylard – on a clear night the sound travels very well. Donna Gorney – agrees with the board members and does not believe that any amount of trees would deter the sound. Joanne Shompe – agrees the property values will go down.
#4 – Randy Orvis – not sure that Aiken Road could be improved to grade for delivery trucks to negotiate road. Barry Elliott – that is an issue that could be addressed by the Planning Board, the evidence provided did not give a good count of traffic. Gerald McCarthy – no traffic studies submitted, certainly not enough information as evidence has been provided. John David Aylard – agrees that traffic studies need to be addressed. Donna Gorney – agrees with the other board members findings.
#5 – Randy Orvis – will give them that. Barry Elliott – the road is in no condition to bring in services. John David Aylard – no opinion. Donna Gorney – the strain would be on the ambulance services.
#6 – Randy Orvis – sure that it could be engineered to cover, could be a lot tougher that they think, it is a very tough road to get to. Barry Elliott – applicant has not done a site study, cannot determine storm water run-off. Gerald McCarthy – agrees, John David Aylard – agrees, Donna Gorney – agrees.
Barry Elliott motioned to deny the application as it did not meet the criteria of #3, #4, #5 and #6; as follows;
#3 - Property value would be diminished, general characteristics would be changed, no evidence
provided of noise abatement or levels to be ascertained.
#4 - Quantity and type of traffic could be hazardous.
#5 - Condition of road hinders police, fire and emergency medical staff service.
#6 - No evidence exists whether storm water run-off would be contained.
2nd John David Aylard, any further discussion; Gerald McCarthy still has an issue with the motel/school as proposed. Paul Esswein informs the board that there is a 2-step process in handling the application which they have just down backwards; 1st you must make a determination if it is a commercial use not specified and 2nd then to go through the process of evaluating each of the criteria. Barry Elliott recinds his previous motion, 2nd John David Aylard.
Barry Elliott motions this is a commercial use not specified, 2nd John David Aylard, any further discussion; Randy Orvis adds condition commercial use not specified, 2nd Barry Elliott.
Barry Elliot motions to re-instate his previous motion to deny the application as it did not meet the criteria of #3, #4, #5 and #6; as follows;
#3 - Property value would be diminished, general characteristics would be changed, no evidence
provided of noise abatement or levels to be ascertained.
#4 - Quantity and type of traffic could be hazardous.
#5 - Condition of road hinders police, fire and emergency medical staff service.
#6 - No evidence exists whether storm water run-off would be contained.
2nd John David Aylard, any further discussion, Randy Orvis this is not in harmony to the AR Zoning District, no further discussion, all those in favor, none, all those opposed, 5-0 unanimous, motion for a Special Exception denied.
9:57 p.m.
10:10 p.m.
Chairman Barron reconvenes the meeting and resumes the Chair from acting Chair Gerald McCarthy.
Application for Equitable Waiver of Dimensional Requirement By: RSA Development, LLC (Tax Map U9-19, Lot #45): To correct a 5” error in the location of a foundation within the 25’ front setback. Property known as 8 Whippoorwill Ridge Road, in the Suburban Residential Zoning District.
Mark Filion, Project Engineer for RSA Development, LLC – presenting on behalf of RSA Development; I have been the project engineer for the Sky View Drive sub-division where we have built 38+ homes and have not come across this issue in any one of the new developments; we are requesting this Equitable Waiver from the 25’ setback as we are short on the foundation by 5”.
Barry Elliott – don’t you usually stake out the lot; Mark Filion – yes we do, these are fairly tight lots, as I said we’ve done 38 foundation lots to date and have not had any problems, we use green stakes to lay out the foundation, there is the possibility that the stakes could have gotten moved, we don’t know why we’ve come up 5” short.
Chairman Barron – was the non-conformity discovered when you went to the bank; Mark Filion – this has not gone to the bank yet; construction has begun on the lot – shelled and then we stopped construction when non-conformity was discovered.
Barry Elliott motions to accept the application, no 2nd heard, motion died.
Randy Orvis – should they be applying for an Equitable Waiver? Are we sure this is the proper application?
Paul Esswein – out of all the ZBA Application the most properly is the Equitable Waiver request.
Chairman Barron asks Paul Esswein if this is part of our application or is it part of the statue?
Discussion ensues regarding the applicability of the Equitable Waiver application being the correct application to submit.
Chairman Barron goes through each of the criteria to ensure the requirements are met, Randy Orvis motions to approve the application for an Equitable Waiver, 2nd Gerald McCarthy with a note that the waiver to be no more than 6”, no further discussion, all those in favor, motion passes.
10:25 p.m.
Application for Variance By: Eric Almanzan (Tax map R6, Lot 90); Property known as Lot 90 in the Lancelot Shores Sub-Division, in the AR Zoning District, requesting a variance to the front setback requirement to allow construction within 22 feet of the front lot line.
Eric Almanzan presenting for himself noting that his parcel does not meet the 50’ frontage and that is why he is here for the variance; all lots in the Lancelot Shores Development are non-conforming.
Randy Orvis asks what size the house will be; Eric Almanzan – 26x36.
Gerald McCarthy – if you move the house back wouldn’t that give you the 50’ frontage requirement; Eric Almanzan – if I moved it back there would be no backyard and I’d like to put a deck on the back.
The board reviews and discusses each of the criteria for a variance, John David Aylard motions to accept the 22’ of the front lot line request for variance, Chairman Barron comments that he complies with the Zoning Ordinance Regulations, 2nd Randy Orvis, no further discussion, all those in favor, motion passes.
Considerationi of motion for rehearing by Scott and Wendy Drew on application for a 3-lot sub-division (Tax Map R49, Lot 009-1); Denied on 08-04-2005; Property known as Trotting park Road in the SR1 Zoning District.
Chairman Barron comments that he feels that the board should give the Drews the opportunity to re-hear their application for variance, John David Aylard motions to re-hear the application, 2nd Donna Gorney, no further discussion, all those in favor, motion passes.
10:40 p.m.
Non public session on legal matters, per RSA 91-A:3 II (e)
11:01 p.m.
Motion to adjourn – John David Aylard, 2nd Donna Gorney, no further discussion, all those in favor, motion passes.
APPROVED AS AMENDED WITH CHANGES NOTED IN BOLD TYPE ON THE FOLLOWING PAGES:
Page 2-of 9; 1st paragraph
Page 8 of 9; 5th paragraph
Page 9 of 9; 2nd paragraph
____________________________________ ____________________________
Elmer W. “Butch” Barron, Chairman Date
Farmington Zoning Board of Adjustment
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