ZONING BOARD OF ADJUSTMENT
THURSDAY – JULY 6, 2006
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, John David Aylard, Joanne Shomphe-Alternate,
Absent: Barry Elliott, Randy Orvis
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Edgar “Butch” Swain and Carolyn Garvey-Swain
Chairman Barron called the meeting to order at 6:20 p.m.; Seats Joanne Shomphe-Alternate for absent Barry Elliott; Calls for review and approval of meeting minutes of 06-01-2006; Joanne Shompe motions to approve the minutes; 2nd John David Aylard; discussion; Chairman Barron suggests that verbiage be added to the last paragraph on page 2 of 3 to read; “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”; no further discussion; all those in favor; motion passes.
6:26 p.m.
Application for an Area Variance from Article 2.06; Section B; of the Farmington Zoning Ordinance By: Edgar & Carolyn Swain (Tax Map R50, Lot #39); to allow construction of a garage within the required 15 foot boundary setback; Property located at 9 Swain Court in the (CC) Commercial Center Zoning District.
Mr. Swain presents on his on behalf; indicates that the back wall is 3.5 to 4 feet away from railroad line and 16 to 17 feet from the sideline of the Berniers; he intends on building a 24 x 24 garage; will be re-routing the driveway straight to the barn and eliminating the asphalt from the front of the house and adding a grass area; there is an old barn, 2-story that sits on their leach field, it is dilapidated and needs to be removed.
Chairman Barron asks the distance between house and garage and Mr. Swain states it is about 30 feet; Mr. Swain further adds that the only encroachment will be to the railroad on the corner (as shown on the sketch) and will not be touching the stonewall.
Chairman Barron calls for input from the public, no one in attendance.
Chairman Barron reads through the applicants Request for an Area Variance Application; (1) no comments; (2) no comments; (3) (a) no comments; (b) Joanne Shomphe asks – your land in only 0.39-acres; Mrs. Swain replies yes and the driveway takes up most of the land; (4) no comment; (5) no comment.
Chairman Barron reads through the Area Variance Criteria’s and no discussion ensued other than Chairman Barron stating that he doesn’t feel this will affect property values in the neighborhood and that it is not contrary to the public interest; John David Aylard agreed.
Mr. Swain offered for the members of the board to come out to his property and take a look at his pie shaped lot to gain a better understanding of what he is trying to accomplish. He further adds that the changes he will be making cannot be seen from any neighboring property.
Chairman Barron asks if the applicant has a physical dimension of the house to the lot line.
Applicants and board members discuss various options, railroad trusses, trees and sightings from abutters.
Chairman Barron motions to grant the Variance based on the plans; discussion ensues regarding distance to the foundation; Chairman Barron indicates that he has issues with the 3 feet as expressed by John David Aylard and asks the applicants if they could live with 5 feet; some further discussion regarding the 3 feet and 5 feet issues; Mr. Swain concurs that he could live with the 5 feet; Chairman Barron adds to his motion that the garage is not to be closer to the foundation than the 5 feet as agreed; 2nd John David Aylard; no further discussion; all those in favor; motion passes.
Chairman Barron asks if there is anything further to come before the board; Joanne Shomphe advises that she will not be here for the August 3rd ZBA Meeting.
6:53 p.m.
Joanne Shomphe motions to adjourn; 2nd John David Aylard; no further discussion; all those in favor; motion passes.
APPROVED AS WRITTEN 10-5-2006
_______________________________________________ _______________________
Elmer W. “Butch” Barron, III, Chairman Date
Farmington Zoning Board of Adjustment
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