DRAFT COPY FOR INTERNET POSTING ONLY
ZONING BOARD OF ADJUSTMENT
THURSDAY – NOVEMBER 3, 2005
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott-Alternate, John David Aylard, Gerald McCarthy, Donna Gorney-Alternate,
Absent: Randy Orvis – with notification, Neil Gosselin, Jr. – without notification,
Joanne Shompe – without notification
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Scott Drew, Wendy Drew, Art Hoover-Attorney, Gail N. Trask, Larry M. Trask,
Shirley Emuson, Arthur Emuson
(please note that although the attendance sheet requests that names be printed, the public continues to write and
some of the writing is not legible therefore spellings could possibly be wrong.)
Chairman Barron calls the meeting to order at 6:16 p.m.; and seats Barry Elliott for Randy Orvis and Donna Gorney for Neil Gosselin, Jr.
John David Aylard motions to accept the minutes of 10/06/2005 Zoning Board of Adjustment meeting, discussion, Gerald McCarthy notes that Page 2 of 9; 1st paragraph should be re-worded to show that Gerald McCarthy seated Barry Elliott and Donna Gorney; Chairman Barron add wording to Page 8 of 9; 5th paragraph “shelled and then we stopped construction when non-conformity was discovered” and also on page 9 of 9 change the wording “Chairman Barron motions” to read Chairman Barron comments”, no further discussion, all those in favor, motion passes.
Chairman Barron has those in attendance execute the revised by-laws of the Zoning Board Of Adjustment and advises Doreen T. Hayden that she will need to get the two others Randy Orvis and Neil Gosselin, Jr. signatures.
Barry Elliott would like to find out if and when Neil Gosselin, Jr. will be returning to the board, if this is a long term or short-term absence. This would then allow one of the alternates to be appointed to a full time position.
Re-hearing of request for Variance By: Scott and Wendy Drew, (Tax Map R49, Lot 009-1): To allow sub-division of 2.83 acres in the (SR-1) Suburban Residential 1 Zoning District, into 3-residential house lots.
Attorney Hoover representing Scott and Wendy Drew in the application; he hands the members of the board a prepared statement so they may follow along with his presentation. Attorney Hoover details the events from the original time of purchase up until present time, covering the 4.58 acres, referring to Colonial Drive a.k.a. Trotting Park Road, the Town of Farmington Easement that was granted from Mr. & Mrs. Drew to the Town of Farmington in relation to their property. Attorney Hoover defends that an error was made initially by the Planning Board when the applicant 1st went to them for sub-division. At that time the Town of Farmington implemented an IGM Ordinance and subsequently Mr. & Mrs. Drew could not sub-divide all of their land only 2 lots and were told to come back after the IGM
is lifted for further sub-division. Attorney Hoover reviews that the plan was approved as SR Zoning and that the Drews’ waited until the IGM was lifted at which time they hired another surveyor Dave Benson who advised them the Zone on the plan was wrong. Attorney Hoover debated his and their reasons for allowing a 3-lot sub-division; talks about density allowable with water provided. Refers to the grounds for a variance will not be detrimental to the public, lot will be served by municipal water, lot size will be consistent with ¾ acre zoning. Attorney Hoover goes through each of the criteria and debates each topic. Attorney Hoover then summarizes that the applicants had purchased the land as an investment and at the time understood that they would be able to sub-divide into 4-lots. The applicants have changed there living conditions and jobs because of this.
Gerald McCarthy points out to Attorney Hoover that he stated SR & SR-1 are practically same, Gerald McCarthy begs to differ with the Attorney on that statement and reads from the Zoning Ordinance the definitions of both SR and SR-1 Zoning Districts.
Attorney Hoover responds to Gerald McCarthy interpretation and gives his own interpretation of the districts. Gerald McCarthy then responds again with his interpretation and adamantly states there is a distinction between the 2.
Chairman Barron – gives his opinion that the intent of the Ordinance is for 2 different zones and the explanation of what Gerald McCarthy is trying to say, Chairman Barron agrees with the SR definition no for SR-1 with regard to the water and density issues.
Chairman Barron comments that he’s not as familiar and trying to come up to speed on all of this.
Wendy Drew speaks about the original time when she spoke with Randy Orvis and the Town of Farmington Attorney with regard to the road being part of and included in the dimensional measurements.
Donna Gorney says she is confused how this change SR to SR-1; Chairman Barron advises it was a mistake that was made, Donna Gorney reads from page 31, Chairman Barron advises the zone breaks right at their property line.
Barry Elliott we have been talking about dimensional variances, I am more inclined to view as an area variance; Chairman Barron it is an area variance and I believe that the Attorney is making that distinction. Chairman Barron re-states it is an area variance plain and simple.
Chairman Barron advises each of the board members that they will now review and vote on each of the criteria.
All board members are in agreement with criteria 1 and 2 no diminishing and not contrary; criteria 3 the board members have many different views/opinions; Attorney Hoover and board members discuss back and forth criteria 3; what must be met; Mrs. Drew interjects that it is a hardship, they’ve lost land, financially impacted, they have 4 children, have made life changes, her husband has devoted himself to this project. Chairman Barron understands financial situation, the land is the hardship not the person affected, Chairman Barron having a hard time drawing the line to make the distinction.
Attorney Hoover debates the loss of land of the applicant being a hardship and special condition. Chairman Barron and Attorney Hoover have lengthy discussion on distinction.
Gerald McCarthy notes that he missed the last meeting with the applicant and their Attorney and sees from the last minutes issues from the abutters were addressed and asks if Chairman Barron could respond, Chairman Barron advises that he is not really able to address that and to speak for the abutters who are not here, Gerald McCarthy acknowledges.
Barry Elliott comments that he keeps trying to look at different lights and he keeps coming back with the same conclusion, he’s reviewing it as applicant never coming before the board.
Scott Drew – I don’t like pointing fingers, but originally we hired this gentleman who sits on the ZBA and by sitting on the ZBA he knows, so could of...would of...should of…
Chairman Barron advises that does not matter, mistake was made, who he is and where he sat has no bearing on this hearing.
Gerald McCarthy advises that it is his responsibility to the board and the ordinance, he doesn’t believe that the previous mistakes have any bearing now, he reads the definition of a hardship and feels that does not apply.
John David Aylard would like the opinion of legal.
Chairman Barron 75% doubt, Gerald McCarthy 25% doubt in my mind, Barry Elliott agrees.
Chairman Barron motions to continue this meeting to the next regularly scheduled Zoning Board Of Adjustment meeting scheduled for 12/01/2005 at 6:00p.m. and is seeking input from legal counsel, 2nd Gerald McCarthy, no further discussion, all those in favor, motion passes.
Application for a Special Exception By: Ralph Atkins, (Tax Map U13, Lot 28): Property known as 67 White Birch Lane; located in the (SR) Suburban Residential Zoning District. To operate an Auto Repair Shop and to lease out the 2-bedroom home on the same parcel.
Chairman Barron opens the floor to the applicant Ralph Atkins.
Ralph Atkins details what his intentions of the operation will be, defines he business Atkins Auto Repair and Performance presently located in Milton, New Hampshire. Mr. Atkins gives details of the property and his goal to have the board approve the relocation of his business, a very successful business comprised of; auto repair, complete inspection facility, there would be 5-10 cars per day, pick-ups mostly after 5:00 p.m. they don’t hang around, sometimes cars are parked 2-3 days sometime longer, we have 1 ramp truck for towing, also looking for approval for signage on White Birch Land and Hemlock. The real estate lady he spoke with said she’s spoken with the abutters but you can’t always believe realtors. Presently his assets are $174K, Newmarket home is $300K, another in Sanbornville at
175K, his business in assessed at 150K and he has approximately 30K in his garage in Newmarket. Advises that he and his son also partnered in the Farmington Mobil for about 1-year.
Gerald McCarthy asks what was the business that was previously located on White Birch Lane, Mr. Atkins – it was Fred’s’ RV.
Barry Elliot interjects that the facility was off-site and just used White Birch lane as storage.
Chairman Barron asks how long the parcel has been vacant; an abutter announces that the previous owner has passed away this past summer and that the business was located in Wakefield.
Gerald McCarthy asks if it was a full service; reply was made – no storage only.
Ralph Atkins advises that he’s been approved by the EPA to have a Connecticut Company come in and pick up motor oil and anti-freeze.
Chairman Barron opens the floor to any abutters who wish to speak.
Gail Trask addresses the board as representation for WBH Land homeowners association. First she advises the board that she feels the association should have been notified and they were not.
Chairman Barron at this point you being here clearly indicates that you were aware of this meeting, so the point of not being notified as an abutter is mute. There is an abutter who was notified who sits on the homeowners’ association board who advised you of this meeting and all of you are here so you were aware of the meeting.
Gail Trask comments that they hold nothing personal against Mr. Atkins of his son, we all pay over and above for plowing, grading, sanding, and insurance. The traffic down there will not help a bit. There were a lot of campers up and down the road and they’ve torn up the roads we are trying to keep businesses out of there, it is a residential area.
Chairman Barron asks if land association has rules; reply made that the board of directors makes the laws, Chairman Barron asks if they have anything that precludes what the zone says residential. Chairman Barron further asks if there is a specific statement in the by-laws that states no businesses. Mrs. Trask – no commercial business, keeping residential.
Chairman Barron asks how do they share costs; Mrs. Trask – we all pay $200 - $250 now; will be going up to $300 which is over and above what they pay in taxes. Chairman Barron comments that private roads are really an issue.
Gerald McCarthy questions the business that was there never approved previously; comment made that the road is owned by an association.
Discussion between Chairman Barron and Gerald McCarthy about private roads and businesses.
The board members discuss amongst themselves some of the criteria; greater harm to the applicant or public, adverse effect to the abutter, John David Aylard feels we should speak with someone.
7:50 p.m.
Mr. Atkins speaks that he is withdrawing his application; he doesn’t want any hardship, understands the opinions of the residents, not taking it personal.
Meeting ended at 8:00 p.m. – No board member called for adjournment.
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Elmer W. “Butch” Barron, III; Chairman Date
Farmington Zoning Board of Adjustment
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