ZONING BOARD OF ADJUSTMENT
THURSDAY – JUNE 1, 2006
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott, Randy Orvis, John David Aylard, Joanne Shompe-Alternate,
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Russell & Jane Longchamps, Lisa Beede & Donald Sullivan, Jean Pease
Chairman Barron called the meeting to order at 6:18 p.m. Calls for review and approval of meeting minutes of 05-04-2006 and seats Joanne Shomphe for resigned Gerry McCarthy; Randy Orvis motions to approve the minutes as written, 2nd John David Aylard, no further discussion, all those in favor, motion passes.
6:21 p.m.
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.
Chairman Barron indicates that at this point we have received the applicants’ driveway permit, it is simple and straightforward. Chairman Barron asks for interested abutters to speak; no comments heard; Chairman Barron asks the board members if we should begin discussion.
Paul Esswein explains Use Variance; Doreen T. Hayden advises this is a Special Exception; Randy Orvis indicates that the board is still waiting for Site Review Plans to go before the Planning Board after / if the ZBA approves the Special Exception; Barry Elliott indicates that a Site Plan was to be supplied to the ZBA for their review of the applicants proposed use.
The applicant Donald Sullivan addresses the board making them aware of his plans that his 1st option is to install fencing along Waldron Road and then square off a section for the 3 boom trucks.
Chairman Barron asks for a total number of vehicles on the parcel; Donald Sullivan indicates there are 6; 3 work trucks, his truck, family vehicle, and 1 antique car that are not registered.
Barry Elliott again states that the applicant was to provide some type of plan to get the vehicles off of the road; discussion continues regarding the screening of the work vehicles.
Randy Orvis states that this Special Exception could be conditional upon the Planning Board approval and condition that the vehicles must turn around on his property and not using the road a the turn around.
John David Aylard states that he likes this plan better than the 1st one although the applicant has not given the winter time much thought when it comes to snow plowing and snow removal.
Randy Orvis has another thought; that by doing business in / on a residential property, that the property will not only be viewed for a business but also as a personal use and that both business and personal items will need to be kept in a neat and orderly manner.
Chairman Barron asks Paul Esswein “By Special Exception use what would be permitted and what section of the T.O.P. (Table of Permitted Uses) is this located under”; Paul Esswein replies Section 6 – Commercial Industrial Contractors; Page 24 of the Zoning Ordinance.
Barry Elliott asks Paul Esswein that the notice states SR-1; and Paul Esswein replies this SR-1 Zoning District has changed to RR (Rural Residential) Zoning District. Barry Elliott further questions Paul Esswein “isn’t the applicant asking for forgiveness in a way” so that the scenario is we grant a Special Exception; then it is to go before the Planning Board and once we grant this Special Exception there is no clock ticking and the applicant could take 3-6-9 months or even longer to complete. Paul Esswein advises that if the ZBA grants the applicant their Special Exception the board could make it conditional to meet a certain time frame; Barry Elliott interjects that it could be month “potentially”; Paul Esswein states by law cannot be more than 65 days. Paul Esswein states the
applicant is making a good faith effort towards getting to the Planning Board for Site Review.
Jean Pease asks if she may address the board. She indicates that she has lived at 249 Charles Street for 23-years and that historically speaking by summing up in a few words that her land has 3 original buildings which was the Charles Currier Senior land; and that only 3 permits were given by the State of NH for driveways and why is it that they have 1 driveway permit with 50’ span and have multiple vehicles in and out of 1 driveway, she can appreciate this young mans effort to make a living but he has been before this board for the past 2-months and he has not changed how he uses his land, I believe the whole area can be circled with fencing to hide the unsightliness.
Lisa Beede became very agitated yelling to the abutter(s) to keep your nose out of my business, I pay my bills and pay my taxes, this is my land and you can not tell me what to do with it.
Chairman Barron gaveled the table calling this meeting back to order and that if there were any more outbreaks he would close this meeting.
Donald Sullivan indicated that there are no abutters here in objection to his use of the land, Chairman Barron told him to turn around and see that there are abutters, Donald Sullivan stated that there are about 7 or 8 other abutters that have not showed up to the meeting(s); Chairman Barron stated that their no show has nothing to do with this discussion, the abutters have the option to show or not.
Randy Orvis interjects that he wants to make sure that the board covers all the things that are required under the permitting of a Special Exception.
Paul Esswein reads what is involved in granting of a Special Exception; Randy Orvis motions that it does meet that requirement as Paul Esswein read; 2nd Joanne Shompe; no further discussion; all those in favor; motion passes.
Chairman Barron asks Paul Esswein for the remainder of the criteria, Paul Esswein advises to refer to page 20; and Chairman Barron read the criteria as listed on page 20 to the public and asks that this be entered into the record that the criteria was read out loud.
Randy Orvis believes any approval needs to be conditional with screening; Barry Elliott states that as a Special Exception we can set conditions; isn’t the whole situation a forgiveness of an action; if the applicant hadn’t gone forward already we would be able to address the issues prior, but his business is in a working state; Barry Elliott also disagrees with no hazard and feels the trucks pulling in and out onto Route 153 are a hazard; feels the 50’ R.O.W. (right-of-way) is a dangerous situation and is surprised the state allowed, comments from other board members made reference to it “was at one time only a 40’ R.O.W.”.
Randy Orvis states that he already to approve this conditionally, but is concerned with making the conditions and imposing the correct wording to condition the screening requirement; he would like to see hedging along the property line but that takes too long to grow; Paul Esswein advises that the board could say nothing over “so many feet” and also state nothing related to the business should be visible from “such and such” a point; he further states that an item of concern is about screening and that it could impede the traffic views of trucks going in and out of the property.
Barry Elliott agrees with Randy Orvis in that if this application were denied he’d be asked to move his equipment and that if this application is approved screening and moving around of trucks would be required, items C & D I’m not satisfied with those statements; as for the characteristics of the property I’d vote no, they have changed.
Randy Orvis motions to approve this Special Exception with the following conditions:
(1) No turning allowed on the State Road, proceed to the traffic circulation area on your property
(2) All activities, equipment, and vehicles shall be screed from view from any adjacent home
(3) Operation of business shall be screed from Route 153 and Waldron Road
(4) Make application to the Planning Board within 90 days
2nd Barry Elliot for discussion; John David Aylard asks about the number of employees and number of vehicles; Randy Orvis states not concerned with the numbers; more concerned with screening; Randy Orvis doesn’t want the adjacent homes to see any business activities; no further discussion; all those in favor; 3 in favor-Joanne Shomphe, John David Aylard and Randy Orvis; 1 opposed-Barry Elliott, 1 abstention-Chairman Barron; motion passes.
7:30 p.m.
Randy Orvis motions to adjourn; 2nd Joanne Shomphe, no further discussion; all those in favor; motion passes.
_______________________________________________ _______________________
Elmer W. “Butch” Barron, III, Chairman Date
Farmington Zoning Board of Adjustment
APPROVED AS AMENDED 07-06-2006
Page 2 of 3; changes noted in bold; last paragraph add; “and Chairman Barron read the criteria as listed on page 20 to the public and asks that this be entered into the record that the criteria was read out loud”.
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