ZONING BOARD OF ADJUSTMENT
TOWN OF FARMINGTON
THURSDAY - OCTOBER 5, 2006
356 Main Street - Farmington, NH
Members Present: Barry Elliot, Randy Orvis, Elmer "Butch" Barron III, John David Aylard and JoAnne Shompe
Staff Present: Paul Esswein, Town Planner
Public Present: David DeJager
Chairman Barron called the meeting to order at 6:08pm.
Old Business
1. Review of Minutes: Barry Elliot moved to accept the minutes from July 6, 2006 as written, Randy Orvis seconded. Motion passed with all in favor.
2. Chairman Barron stated that JoAnne Shompe is seated as a member of the board in the vacant spot.
New Business
1. Application for a Use Variance from Article 2.05 and the Table of Permitted Uses of the Farmington Zoning Ordinance: by: Elm Street Farmington, LLC (Daved DeJager); (Tax Map U6, Lot #4); Requesting permission to locate a manufactured home at this location within the Village Center Zoning District. In discussion it was noted that Mr. DeJager laid a slab for the manufactured home and had it placed on the site without a building permit and without the knowledge that he could not put another manufactured home on this lot. He made the assumption because there are other manufactured homes around and on the lot this would not pose a problem. However, when Paul Esswein reviewed the site plan he pointed out to Mr. DeJager that the zoning ordinances would not allow for a new manufactured home to be
brought in. Mr. Barron questioned Mr. DeJager on how he got an inspection for the slab without a building permit and he responded that he, as well as the inspection officer were under the assumption the permit would be forth coming. Paul Esswein noted that at no time did his office issue building permits for either of the two manufactured homes on the lot. The ZBA was in agreement that at this time the plan would not diminish the surrounding property values and that Mr. DeJager does have a hardship, though a self-inflicted one but the purpose of this zoning ordinance was to increase the value of the Village Center Zone by the eventual removal of all manufactured homes.
Barry Elliot moved to approve the request for a Use Variance from Article 2.05, Randy Orvis seconded. Discussion followed as to what the public interest would be on this variance. Paul Esswein stated that by granting the variance the ZBA is opening the door to many future issues and does not see any hardship as it relates to the property. Mr. Esswein also stated that the intent of the zoning ordinance is to upgrade the value of homes within this zone. Motion failed for lack of votes in the positive or negative.
Randy Orvis moved to approve a Use Variance from Article 2.05 with the special conditions that the siding is continued to a masonary facade around the botttom of the manufactured home. Barry Elliot seconded. One in favor (Randy Orvis), one oppose (Barry Elliot) and three no votes. Motion failed.
Barry Elliot moved to deny a Use Variance from Article 2.05 based on reasoning 3a. of the application that Mr. DeJager could have built a home on the property and the manufactured home he did put there was placed without a permit. Elmer Barron III seconded. Discussion followed: John Aylard asked to amend the motion to include reasoning 5 from the application that the plan would not be in the spirit of the public interest. Barry Elliot and Elmer Barron III agreed to the amendment. Motion passed with all in favor.
2. Chairman Barron noted to members that there are upcoming Municipal Law series Workshops and Forestry Seminars coming up and urged any members to attend if they are able. If any ZBA member can attend please see Paul Esswein so that the Town can pay for the registration fees.
Barry Elliot moved to adjourn, John Aylard seconded. Motion passed.
Meeting adjourned at 7:40pm
Respectfully Submitted
Brandy Sanger
Recording Secretary
APPROVED AS WRITTEN 02-01-2007
___________________________________ ____________________
Elmer W. “Butch” Barron, III, Chairman Date
Farmington Zoning Board of Adjustment
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