ZONING BOARD OF ADJUSTMENT
THURSDAY – FEBRUARY 2, 2006
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, John David Aylard, Barry Elliott-Alternate, Joanne Shompe-Alternate
Absent: Gerald McCarthy – without notification
Randy Orvis – without notification
Staff Present: Paul Esswein
Staff Absent: Doreen T. Hayden
Public Present: Helen Constantine, Ronald Arcouette, Jr., Sylvia Arcouette, Jean P. Pease
6:04 pm Call to Order
Minutes of 1/5/06 Motion to Approve – Elliot, 2nd – Aylard
Discussion - Agenda indicates Minutes 1/15/06
All in favor – Unanimous
Application for a Use Variance By: Stanley Gray (Tax Map R03, Lot 004);
Property owned by Peter Alfe; A variance is requested from Article 2.07 and 2.09
of the Zoning Ordinance to permit the operation of a used car dealership in the
Office Research Business District (ORB). Property known as 11 N. H. Route 11.
Applicant presented description of proposed use. Discussion of discontinuance of a "non-conforming use" and effect of granting two variances on the same property. No conflict resulting from multiple use variances on the same property.
Consideration:
1. Use would not diminish property values
2. Variance would not be contrary to the public interest.
3. a. variance necessary to allow reasonable use of property.
b. no fair and substantial relationship between the general purposes of the Zoning Ordinance and the specific restriction.
c. Variance would not injure any public or private rights.
4. Granting the variance will result in substantial justice given previous uses and variances.
5. The proposed use is not contrary to the spirit of the ordinance.
Motion to approve – Elliot, 2nd – Shompe
All in favor – Unanimous
Application for a Area Variance By: Sylvia (Howard) Arcouette (Tax Map U1, 11):
A variance is requested from Article 2.02 of the Zoning Ordinance to permit the
subdivision of 2.5 +- acres into (2) 1.25+- acres, parcel is lacking the required frontage.
Located in the Suburban Residential Zoning District; Property known as 49 Hancock Street.
Applicant proposes to subdivide a 2.5 acre parcel in the SR district into two 1.25+- acre parcels. The Zoning Ordinance requires a minimum of 150 feet of frontage for each lot created, Ms. Arcouette requests a variance to allow 128-feet of frontage for each lot.
Consideration:
1. Variance would not diminish property values.
2. Variance would not be contrary to the public interest
3. Denial of the variance would present an unnecessary hardship:
a. the proportions of the lot do not allow any other method of subdivision
b. the property is bounded by the Mad River, Town property and Cemetery property.
4. Granting the variance will result in substantial justice.
5. Granting the variance is not contrary to the spirit of the ordinance. Zoning District allows minimum 1 acre parcels.
Motion to approve – Barron, 2nd – Elliot
All in favor – Unanimous
6:55 pm
Motion to Adjourn – Elliot, 2nd – Shompe
All in favor – Unanimous
APPROVED AS WRITTEN 03-02-2006
____________________________________ _________________________
Elmer W. “Butch” Barron, III, Chairman Date
Farmington Zoning Board Of Adjustment
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