ZONING BOARD OF ADJUSTMENT
THURSDAY – APRIL 6, 2006
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, John David Aylard, Randy Orvis, Barry Elliott-Alternate, Joanne Shompe-Alternate,
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Wayne A. Sorrentino, Linda I. Micale, Donald Sullivan, Lisa Beede, Joseph Renzullo, Doris Young, Dora Shakya, Jane Longchamps, Russell Longchamps, Todd Cain, Julie Bisson, Gloria Ruiz, Fred Pitman, Gary Bates, Kimberly Lampros, Byrl Short – Habitat for Humanity, Nelson Walter – Habitat for Humanity, James Callmeyer, John Morganti,
Chairman Barron calls the meeting to order at 6:11 p.m. and seated Barry Elliott-Alternate.
Review and approve meeting minutes of 03-02-2006; John David Aylard comments that on page 3 of 4, 2nd
paragraph from the bottom the word card should be car; Randy Orvis motions to accept the minutes as
amended, 2nd Joanne Shomphe, no further discussion, all those in favor, motion passes.
Chairman Barron calls for any other business to come before the board.
Application for a Special Exception from Article 2.03 (C) of the Farmington Zoning Ordinance By: Donald Sullivan and Lisa Beede (Tax Map R48, Lot 10); Property known as 268 Charles Street; Located in the (SR-1) Suburban Residential 1 Zoning District. Special Exception to allow the operation of a sign service and installation business on the same parcel as a residential use.
Donald Sullivan addresses the board in that he’s back tonight for pretty much the same thing as he came before the board last month. Chairman Barron summarizes that Mr. Sullivan is applying for a Special Exception for his sign business to be operated out of his home that is located in a Residential Zoning District. Randy Orvis states that as he recalls from the last meeting he feels this could fall under a home business, having 1 employee parking their car is no different than parking a vehicle and car-pooling to work; he also states that this application should go to the Planning Board for Site Review once the ZBA has given approval. We’ve also spoken to him about cleaning up his property. Joanne Shomphe states that most of the complaints are too clean-up the area. Mr. Sullivan advises that the
last 2-weeks they have been cleaning up their yard. Joanne Shomphe asks how long have the trucks been on the property? Donald Sullivan – 3 years.
Chairman Barron calls for comments from the public;
Jane Longchamps – 170 Waldron Road – their concern is the look of the property; trash and other unsightly items are in view all over the property; she also states they have purchased 174 Waldron Road and have been cleaning that parcel; they do not have any issues with people making a living or having a business out of their home, one of their concerns is the unsightliness of the property and the other is the backing of trucks out onto Route 153; David Sullivan advises that they are now backing their trucks into the parking spots so that they pull out forward and go up or down Route 153.
Barry Elliott interjects his concerns and thinks we’re in a catch 22 situation if we allow a Special Exception; he feels the property is pretty unsightly, storage buildings, sign trucks, doesn’t think it adds any additional value, there are large trucks entering and exiting the property. He suggests and option to build a building to hide the unsightly stuff; he is also concerned that if the board gives them permission to operate this business without setting standards / conditions he’s concerned just what would happen.
Chairman Barron reads into the record a letter from Jean Pease who resides at 249 Charles Street; stating her concerns over the look of the property. Chairman Barron advises that in order to grant a Special Exception all of the standards should be met, Chairman Barron reads through all of those criteria.
Randy Orvis interjects he believes that (b) of the Special Exception General Standards do not apply, but that (d) could pose an immediate hazard.
Chairman Barron states that the property value and surrounding property values and traffic issues must be overcome / accomplished to move forward.
Barry Elliott asks the number of parking areas/space; Donald Sullivan replies – 4 trucks of which 3 are the businesses sign trucks and 1 is his personal registered vehicle; Barry Elliott further states that he is not sure the applicant could meet the required parking requirements and he also does not see any additional evidence from the applicant showing their intention to build an enclosure for the business vehicles.
Randy Orvis interjects driveways are for residential use anything other than residential use needs State approval which could include various State requirements including the addition of curb cuts.
Chairman Barron asks if the applicant has applied for their Site Review; Paul Esswein interjects – Not yet; Paul Esswein advises the board members that they can establish criteria that the applicant will need to meet in order to allow a Special Exception; Barry Elliott states we would need a plan.
Randy Orvis states that he is inclined to grant a Special Exception making it conditional upon receiving a Driveway Permit approval from the State in addition to approval from the Planning Board on landscaping and any other conditions that the Planning Board might invoke.
Joanne Shomphe states that she does not think that the applicant fully understands which way to go.
Donald Sullivan advises he works 9 – 5.
Chairman Barron asks Paul Esswein for any suggestions; Paul Esswein replies that you could have the applicant come back with a site plan; Chairman Barron agrees with that statement and adds that it to be site specific.
The board members continue with their discussion in detail on where they should go with this application; Barry Elliott replies that he is adamant about the applicant not providing any evidence of plan; Chairman Barron asks the applicant if they would be willing to bring forth a site plan.
John David Aylard motions to continue this application to the next ZBA meeting of 05-04-2006 to allow the applicant to provide something from the State regarding an access in and out of their property; plan for fencing, screening, landscaping and traffic circulation; Randy Orvis comments they should get together with the TRC to see what they suggest; Chairman Barron feels this is appropriate; Paul Esswein advises if the applicant gets a plan we can have a department head meeting for discussion; Barry Elliott suggests the applicant get a copy of the Site Plan Regulations and review them and then bring his check sheet and review comments back to the board at the continuation meeting of 05-04-2006, 2nd Barry Elliott; no further discussion, all those in favor, motion passes.
6:41 p.m.
Chairman Barron seats Joanne Shomphe for Neil Gosselin, Jr.
6:45 p.m.
Application for an Area Variance from Article 4.04 “Waterfront Protection Overlay District” By: Diana Lampros & James Callmeyer (Tax Map R6, Lot #158); Property known as 173 Camelot Shore Drive; Located in the (AR) Agricultural Residential Zoning District. Variance would allow construction within 36’ of Baxter Lake.
James Callmeyer presents on his own behalf.
Randy Orvis states that he designed the septic system 2-3 years ago, Mr. Callmeyer is not using him now and Randy Orvis has not done anything for the applicant and asks the board members if they feel he has any conflict, all replies are no, only if you feel that you do. Mr. Callmeyer states that he is trying to put up a 2-car garage to house his 2 antique cars that are presently stored off-site; he had Mr. Roseberry, Town of Farmington CEO check the set-back(s) as he was not sure he had enough room or that location was correct; it was determined the placement was too close to the lake. Barry Elliott asks where on the lake, applicant replies it’s on the inside; proposal shows 42’ from the backside. Paul Esswein states the frontage is okay, house is already encroached; he cannot encroach on the lake
anymore. Randy Orvis thinks it is in the Shore Land Protection area. Paul Esswein and board members have discussion on “how many feet from the water”.
Chairman Barron reads through the questions and answers on the application.
Chairman Barron calls for any abutter’s comments either for or against this application, no comments heard.
Chairman Barron motions to approve this Area Variance with the condition that the permitting is verified from DES on the Shore Land Protection requirements, 2nd Barry Elliott, no further discussion, all those in favor, motion passes.
Application for an Area Variance from Article 2.01 (B) of the Farmington Zoning Ordinance By: Wayne Sorrentino and Linda Micale (Tax Map R6, Lot #220); Property known as Squire Road in the Lancelot Shores Development; Located in the (AR) Agricultural Residential Zoning District. Variance would allow construction within 50’ front setback.
John David Aylard and Randy Orvis each state that they have worked for this applicant in the past but have no immediate conflict; asks the board members if they feel they have any conflict, all replies are no, only if you feel that you do.
Wayne Sorrentino presents on his own behalf and advises that he is in the process of purchasing the parcel and want to insure that a variance would be granted prior to buying, he wants to put up a nice house on the lot.
Chairman Barron asks how many feet on the Area Variance are you looking for; Wayne Sorrentino replies 25’. Randy Orvis interjects that this area of Lancelot Shores / Baxter Lake has never been developed and that the road is very messy.
Chairman Barron reads through the questions and answers on the application.
Chairman Barron calls for any abutter’s comments either for or against this application; John Morganti, a Member of the Lancelot Shores Home Owners Association Board want to insure that there is sufficient road width, explains the typical road width within the development.
John David Aylard motions to accept / grant this Area Variance as presented, 2nd Barry Elliott, no further discussion, all those in favor, motion passes.
Application for an Area Variance from Article 2.04 (2) of the Farmington Zoning Ordinance By: Southeast New Hampshire Habitat for Humanity (Tax Map U11, Lot 56-4 and 56-5); Property known as Berry Court; Located in the (UR) Urban Residential Zoning District. Variance would allow 2-lots to be split into 4-lots for the construction of 4-single family homes.
Chairman Barron advises that he is conflicted on this application and recuses himself and asks Randy Orvis to chair for this application; Randy Orvis graciously accepts.
Nelson Walter presents on behalf of Southeast New Hampshire Habitat for Humanity and introduces one of his associates that are also on the board, Byrl Short. Randy Orvis advises both gentlemen that there are only 4 members of the board present this evening to hear their application and that by RSA rule they are allowed to have a full board, Randy Orvis gives Nelson Walter the option of going forward with hearing or postponing until such time a full board would be available, Nelson Walter opts to continue with a 4-person board. Nelson Walter explains their request – 2 lots of record that was previously approved for sub-division by the Planning Board that they now want to take those 2-lots and split into 4-lots however they do not have sufficient square feet, Nelson Walter also details to the board the
drainage paths, emergency vehicle access, water line installation and a fire hydrant as well. John David Aylard questions the parking and Nelson Walter directs him to the 2nd page of the plan. Board Members and Nelson Walter discuss specifics of the site. Nelson Walter indicates to the board his discussion with Dale Sprague; Paul Esswein explains that it is the Town of Farmington policy to provide connection up to the property line and then the property owner is responsible for the balance. Randy Orvis and Barry Elliott suggest that a Home Owners Association should be required to address the plowing of the road and the maintenance of the sewer/water lines.
The Board Members and applicant discuss the Private Road being paved or graveled.
Barry Elliott asks if there are any Association Documents ready for submittal; Randy Orvis interjects that the applicant is still required to go back to the Planning Board for approval for making 4-lots from 2; and adds those are very small lots.
Nelson Walter explains to the board what Habitat for Humanity is all about.
Paul Esswein explains that a bond/escrow account be established to ensure maintenance of the water/sewer lines for the future.
Randy Orvis states that before he opens the floor to the public for comments either for or against this application he asks if the members of the board have any further questions, no comments from the board.
Dora Shakya – 11 Berry Court – she has no problem with the development only concern is this turning into a through road or cul-de-sac and there is no street lighting and the road is very bumpy; Barry Elliott suggests that for those type questions she address the Board of Selectmen.
Randy Orvis closes the floor to the public.
Barry Elliott states that he would like to see more information on where the liability is going to fall including Home Owners Association Documents; John David Aylard agrees with Barry Elliott. Nelson Walter asks if this is a Planning Board or ZBA issue and that he would prefer a condition approval from the board; Barry Elliott indicates that he is not ready to make a note on something he knows nothing about. Randy Orvis asks if they have made an application to the Planning Board yet, Nelson Walter – not yet. Joanne Shomphe interjects that she knows what the applicant is trying to do, but they just don’t have enough room to accomplish.
Barry Elliott motions to have the applicant gather more information specifically sewer and water issues and to continue this application to the next ZBA meeting of 05-04-2006; 2nd Joanne Shomphe; discussion; Nelson Walter summarizes the boards request of items; no further discussion, all those in favor, motion passes.
Application for an Area Variance from Article 2.01 (B) of the Farmington Zoning Ordinance By: Todd Cain (Tax Map R6, Lot 64); Property known as Lancelot Road in the Lancelot Shores Development; Located in the (AR) Agricultural Residential Zoning District. Variance would allow construction within the front setback.
Todd Cain presents on his own behalf.
Randy Orvis states that he has worked for this applicant in the past but is not working on anything now and has no immediate conflict; asks the board members if they feel it’s a conflict, all replies are no, only if you feel that you do.
Randy Orvis continues that basically this application is similar to the Wayne Sorrentino application in that Todd Cain can not meet the 50’ frontage requirement and is asking for 25’ Area Variance on the front, meets the side setback okay; Todd Cain states that actually without the front deck it is 33’.
Paul Esswein explains the Zoning Ordinance that does allow projections into the setbacks for overhangs, decks, stairs and similar structures.
Chairman Barron reads through the questions and answers on the application and comments that he does not like this grandfathered working should be pre-existing, non-conforming.
Chairman Barron calls for comments from the public either for or against this application.
John Morganti – 254 Camelot Shore Drive – He addresses the board with his concerns with the water when this parcel of land gets filled in, he owns the 2-lots that abut this property; he feels that when the land gets filled in the water will run directly onto his property and indicates that the leach field to this parcel is closer than the 15’ allowable. Todd Cain states that the leaching bed in 15’ in front of the house, John Morganti re-iterates his feeling that after this land is back filled his property is going to get flooded. There is much discussion between the members of the board, Todd Cain and John Morganti concerning the placement of the house, where the water is going to run-off from the house, and various options to alleviate the run-off onto the Morganti property. Chairman
Barron suggest a swale along the boundary line to alleviate this potential run off. Randy Orvis questions which way the roof is pitched, specifically for the water flow. Discussion continues regarding water / rain run off going where?
(Un-identified abutter) addresses the board stating that all your (Todd Cain) water is running toward my house, I’ve heard from Towns People that say the Lancelot Shores is going to be cesspool; there is too much building going on in Lancelot Shores. John David Aylard asks about an the Association; the abutter replies that their Association changes hands every year and then it takes time to get the new board members up to speed. Barry Elliott comments that is has always been a problem over a Lancelot Shores and that the Association needs to step up to the bar and make the road improvements that are necessary.
Barry Elliott makes a motion to approve the Variance, 2nd Rand Orvis; discussion; Chairman Barron advises the applicant to be mindful of the water runoff problem; John David Aylard asks about the swale for water; Chairman Barron asks for ideas; Randy Orvis gives his view on the subject; no further discussion, all those in favor, motion passes.
Application for an Area Variance from Article 2.04 (B) of the Farmington Zoning Ordinance By: Gary Bates (Tax Map U2, Lot #47); Property known as 11 High Street; Located in the (UR) Urban Residential Zoning District. Variance would allow property to be subdivided without the required ½-acre lot size.
Gary Bates presents on his own behalf; advises that the lot is less than the 1-acre requirement to allow for a sub-division; he has spoken with Dale Sprague and they can pick up water and sewer.
Chairman Barron asks how many units are on this .75-acre; Gary Bates – 4-unit; Randy Orvis advises that the Tax Maps do not provide for any exact dimensions; Gary Bates offers to make it contingent upon an official survey.
Chairman Barron reads through the questions and answers on the application. Chairman Barron states that quite frankly the ordinance says ½-acre lot; density is allowed to be higher, does not feel that creating ½ acre lots is right, granting of a Variance is not to allow any applicant the ability to cut up a lot to increase their profits, a Variance is made to make a wrong a right.
Randy Orvis states that he cannot vote on granting this, I am not convinced by looking at this drawing there is an acre. John David Aylard asks how much yard will be left behind the unit; Gary Bates a 75 x 75 section that goes down the hill to the back line. Chairman Barron agrees with Rand Orvis in that a formal survey with actual numbers be provided to the board, he is not comfortable granting a Variance without the exact lot dimensions.
John David Aylard motions to continue this application to the June 1, 2006 ZBA Meeting to allow the applicant sufficient time to have the lot surveyed, 2nd Joanne Shomphe; no further discussion, all those in favor, motion passes.
Chairman Barron suggests the postponement of Election of Officers until the next ZBA Meeting of 05-04-2006; 2nd John David Aylard.
8:30 p.m.
Barry Elliott motions to adjourn, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
APPROVED AS WRITTEN 05-04-2006
_________________________________________ ________________________
Elmer W. “Butch” Barron, III, Chairman Date
Farmington Zoning Board of Adjustment
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