ZONING BOARD OF ADJUSTMENT
THURSDAY – MAY 4, 2006
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, John David Aylard, Randy Orvis, Barry Elliott,
Joanne Shompe-Alternate,
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: John Morganti, Byrl Short – Habitat for Humanity, Nelson Walter – Habitat for Humanity, Darren Powers, Tom Daly
Chairman Barron called the meeting to order at 6:07 p.m. asks for a motion for the Zoning Board of Adjustment Meeting Minutes of 04-06-2006; Barry Elliott motions to accept the minutes as written; 2nd John David Aylard; no further discussion; all those in favor; motion passes.
Election of Officers:
Barry Elliott nominates Elmer W. Barron, III for the Chairman’s seat; 2nd John David Aylard; Elmer W. Barron,III is opposed; no further discussion; all those in favor; motion passes for Elmer W. “Butch” Barron, III as Chairman for another year.
Randy Orvis nominates Barry Elliot for the Vice Chairman’s seat, 2nd John David Aylard; Barry Elliott accepts nomination; no further discussion; all those in favor; motion passes for Barry Elliot as Vice Chairman for 1 year.
Barry Elliott nominates Randy Orvis for the Secretary seat; 2nd John David Aylard; Randy Orvis accepts nomination; no further discussion; all those in favor; motion passes for Randy Orvis as Secretary for another year.
Continuation of 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.
Paul Esswein advises the board that he had spoken with the applicant this day and that the Planning Department has received the State DOT driveway request notification; the Sullivans/Beedes have not supplied a site plan so therefore they are not ready and Paul Esswein suggested to them to continue this application request to the next Zoning Board of Adjustment meeting on 06-01-2006.
Barry Elliott motions to continue this application to the 06-01-2006 Zoning Board Of Adjustment meeting; 2nd John David Aylard; no further discussion; all those in favor; motion passes.
Continuation of Application from 04-06-2006 for an Area Variance from Article 2.04 (2) of the Farmington Zoning Ordinance: By; South East New Hampshire – Habitat for Humanity (Tax map U11, Lot #56-4 & 56-5); Property known as Berry Court; located in the (UR) Urban Residential Zoning District; The Variance would allow 2-lots to be split into 4-lots for the construction of 4-single family homes.
Chairman Barron recuses himself from this application and asks Vice Chairman Elliott to sit on this proposal for an Area Variance.
Nelson Walter presents on behalf of Habitat for Humanity; begins discussion by summarizing the previous months meeting and what he was required to bring back to the Zoning Board for clarity; those being the Condo Associations documents and water and sewer requirements. John David Aylard poses the option of continuing or not to the applicant as the applicant is entitled to a full board; and tonight there are only 4 on the board which could leave the application in deadlock on the vote; Nelson Walter prefers to move forward; Nelson Walter presents to the board a letter from their Attorney describing the Association documents; Paul Esswein reviews the contents of the letter; Randy Orvis reviews with the applicant why they are back again this month; Vice Chairman Elliott asks if he might have a few minutes to review the
Condo documents as this is the first he’s seen them. Nelson Walter explains the responsibility of the 4-house condo responsibility; Paul Esswein interjects that the owners have a common responsibility and that the homes will be fee simple. Discussion continues on the associations’ responsibilities.
Vice Chairman Elliott asks if they have something from the Water Department that explains who is responsible for what. Nelson Walters explains that he has spoken with the Water Department and it has been explained who is responsible for what connections.
Randy Orvis discusses the subject of potentially selling of one of the homes further down the road and how it will be maintained as an affordable home for low income buyers; Nelson Walter and Byrl Short explain to the board how the Habitat for Humanity holds mortgages.
Vice Chairman Elliott states that he doesn’t feel that the documents provide enough “meat & potatoes” on the details of where the responsibility lies.
6:33 p.m.
Vice Chairman Elliott seats Joanne Shomphe for Elmer W. Barron, III
John David Aylard reviews the plans, asks questions about the road maintenance; Joanne Shomphe interjects that these are very small lots to sit 4 houses on.
Vice Chairman Elliott asks for comments either for or against this application from any abutters; none heard.
Vice Chairman Elliott reviews the applicants Area Variance Application of questions and comments.
(1) There (would – would not) be a diminution in value of surrounding properties as a result of the granting of this variance because:
Joanne Shomphe states that building 4-houses won’t diminish value of surrounding homes; John David Aylard agrees that construction of 4-simple houses on a small area should not diminish; Randy Orvis states it will not effect other homes values; Joanne Shomphe asks how large are the homes; Bryl Short replies 1100 sq. ft. 3-bedroom homes; Vice Chairman Elliott agrees with the board in that this will not diminish the surrounding values.
(2) The granting of this variance (would – would not) be contrary to the public interest because:
John David Aylard – there is no one here stating they feel contrary to this and that this has been previously approved for 4-house; does not think against this; Randy Orvis does not feel this is contrary to the public interest; Vice Chairman Elliott states it may be contrary due to the Town of Farmington interactions versus the lot owners.
(3) Since (a) the following special conditions of the property make an area variance necessary in order to allow the development as designed; and (b) the same benefit cannot be achieved by some other reasonably feasible method that would not impose an undue financial burden because:
Randy Orvis has the hardest time with this item; applicant can still develop; I do not see how having to for a condo associate would cause any burden and that a variance is not necessary to develop the houses; Vice Chairman Elliott thinks the answer (b) is pretty close to the same as (a) and agrees with Randy Orvis; John David Aylard would like to see a better answer than not large enough to produce 4, ½-acre lots; Nelson Walters defends his reasoning.
(4) By granting this variance substantial justice (would – would not) be done because:
No discussion.
(5) The use contemplated by petitioner as a result of obtaining this variance (would – would not) be contrary to the spirit of the ordinance because:
No discussion.
Randy Orvis motions to deny the variance based on #3(b) does not met hardship requirement and feels that this could be achieved without a variance, further believes under #5 that it is contrary to the ordinance; the Zoning Ordinance calls for ½-acre lot sizes on individual ownership; 2nd Joanne Shomphe; no further discussion; all those in favor; motion passes.
6:55 p.m.
Chairman Barron rejoins the board and re-seats Joanne Shomphe as an Alternate filling a vacancy slot.
Application for an Area Variance from Article 2.08 (B) of the Farmington Zoning Ordinance By: Darren & Tara Powers (Tax Map R49, Lot 001); Property known as 1083 N H Route 11, located in the (IB) Industrial Business Zoning District. The Variance would allow for replacement of an existing non- conforming Mobile Home with a new residential structure with a 15-foot encroachment into the side setback.
Chairman Barron asks for the long and short of the application; Darren Powers explains his intentions of replacing the mobile home with a new colonial residential structure.
Randy Orvis states this appears to have an existing non-conforming on one side replacing with a non-conforming on other.
Paul Esswein interjects that if the applicant puts a home in the existing spot he would not need a variance.
Chairman Barron asks if this is swapping the existing encroachment from one side to the other; applicant replies yes.
Chairman Barron reviews the applicants Area Variance Application of questions and comments; and once again states this is basically swapping the encroachment. Chairman Barron calls for comments from any abutter; none heard; Randy Orvis asks if we set a condition to occupancy; you could get a temporary occupancy on the colonial; Randy Orvis asks the applicant how long does he anticipate it will take to remove the mobile home; Darren Powers – around 30-days for removal; Barry Elliott reminds the applicant he will need to get a demo permit to remove the mobile home; the applicant is very well aware of this permit and has reviewed the paperwork that outlines the requirements when asbestos is present.
Barry Elliott feels it meets all the tests and we will add the condition(s); Randy Orvis motions to approve the Area Variance with the conditional approval that upon the new structure being complete, the applicant will receive a 45-day temporary certificate of occupancy to allow sufficient time for removal of the mobile home and then apply for permanent occupancy; 2nd Joanne Shomphe; discussion; Barry Elliott voiced his concern over the time frame for 2 house on 1-lot for years to come; Paul Esswein advises that the building permits have an 18-month from beginning to end completion date; no further discussion; all those in favor; motion passes.
7:15 p.m.
Application for an Area Variance from Article 2.01 (B) of the Farmington Zoning Ordinance By: Thomas M. Daly (Tax Map R6, Lot #216); Property known as Squire Road; Located in the Lancelot Shores / Baxter Lake Development that is located in the (AR) Agricultural Residential Zoning District. The Variance would allow a 15-foot encroachment into the front setback.
Thomas Daly represents himself; introduces his plan of building a single family house; asking for relief of the 15’; foundation would be 35’; this parcel is located on Squire Road in the Lancelot Shores / Baxter Lake Development.
Chairman Barron makes a statement that he feels the houses seem a bit bigger when you drive through the development then when they are presented to the board for approvals.
Chairman Barron reviews the applicants Area Variance Application of questions and comments. Chairman Barron asks the applicant what the size of his house will be; applicant replies 40’ x 26’ and shows the members of the board a facsimile of what the house will look like with slight changes to the front.
John David Aylard asks if we can set the house size as a condition; Chairman Barron states we can set any conditions; this is a variance request; Randy Orvis is happy with the 35’, most variances are 25’.
Chairman Barron calls for any motions; John David Aylard motions to accept as presented with the conditions of a 35’ setback and that the house is no larger than the 40’ x 26’ as shown on the submitted application and further that a foundation certification is required; 2nd Barry Elliott; no further discussion; all those in favor; motion passes.
7:33 p.m.
Randy Orvis motions to adjourn; 2nd Barry Elliott; no further discussion; all those in favor; motion passes.
APPROVED AS WRITTEN 06-01-2006
________________________________________ _____________________
Elmer W. “Butch” Barron, III, Chairman Date
Farmington Zoning Board of Adjustment
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