ZONING BOARD OF ADJUSTMENT
THURSDAY – FEBRUARY 1, 2007
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott, John David Aylard,
Randy Orvis
Absent: Joanne Shomphe-Alternate – without notification
Staff Present: Doreen T. Hayden
Public Present: SuAnn Stickles, Randall Goslin, Charlie King,
Chairman Barron called the meeting to order at 6:15 p.m.; Chairman Barron calls for review and approval of meeting minutes from 10-05-2006; Barry Elliott motions to approve the minutes as written; 2nd Randy Orvis; no further discussion; all those in favor; motion passes.
Chairman Barron notes that he is signing the Notice of Decision for Elm Street Farmington, LLC also from the October 5, 2006 Zoning Board Meeting.
Chairman Barron calls for any other business to come before the board, no comments heard.
1st order of business:
· Application for an Equitable Waiver of Dimensional Requirements: From Article 2.01; Section (B) of the Zoning Ordinance; By: Su-Ann Stickles, (Tax Map R5, Lot 9-2); Requesting a Variance for a pre-existing violation of a dimensional requirement of the Zoning Ordinance. Property is located in the (AR) Agricultural Residential Zoning District; known as 20 Abbey Lane.
Chairman Barron asks the applicant who is going to come forward as representation, Ky Goslin came forward to present; he begins by indicating that he is presenting on behalf of 154 Ten Rod Road as representation for SuAnn Stickles on Abbey Lane; he makes summary of the last 2-years when the applicant came before the board as she was missing approximately 80 feet of frontage for a legal subdivision to allow his daughter SuAnn Stickles to build a home on their (Goslin’s) almost 10-acre parcel; Ky Goslin makes reference to the 135 foot long, 22 foot wide new road that was put it; and explains to the board they are asking for a Variance of the 80 feet they are short and his intentions are they will finish the driveway as required; the reason it is not done now is because of money. Chairman Barron summarizes
what has just been discussed noting that the applicant has not classified it as a Class V road; Rear Lot Subdivision Ordinance became the subject of discussion and Randy Orvis read into the record the definition; there was much discussion between the board members regarding the actual frontage of the parcel; it was stated that they Planning Board did waive the requirement of paving; Chairman Barron requests Doreen T. Hayden to go and retrieve the plans of the Stickles from the Assessing Office so the board can review and get a complete understanding of what is being asked; Ky Goslin commented about going straight in at 135 feet instead of a round the cul-de-sac; SuAnn Stickles addressed the board stating that as the road/driveway is now, she can pull into her driveway/roadway and make a big U going out her parents driveway and they can do the same coming in from their driveway making the big U and going out her driveway/roadway. Ky Goslin explained that at the end of his driveway
it drops down and he’s sunk his equipment right down into, he also stated his septic system is located downhill from the cul-de-sac and that he has a perfectly good driveway and doesn’t understand why they have to abandoned it; indicating the basic problem with this is having to have us (Goslin’s) get rid of the 200 year old driveway; Chairman Barron reflects that because of the road neither lot now has the required 250’ of frontage requirement and that both lots are now non-conforming; SuAnn asks why can’t they keep their driveway and we can keep our driveway and we also keep the cul-de-sac; Chairman Barron summarizes what the applications refers to “Equitable Waiver of Dimensional Requirements” meaning that dimension is frontage; John David Aylard asks if the other person is still going to own ½ the cul-de-sac; SuAnn Stickles replies yes; Ky Goslin addresses the ledge on the property and how much fill it would be required; Randy
Orvis interjects they are asking us to override a Planning Board condition; Ky Goslin states that is all they are asking and adds the cul-de-sac will be in by Spring;
There is lengthy discussion whether or not the applicant should actually be before the Zoning Board as what they’ve applied for is dimensional and since they don’t have the required frontage now they can’t ask for that what they need to ask for is relief from the Planning Board Condition #3 to remove the requirement of abandoning, seeding and loaming the existing driveway to the applicants parents house and leaving that driveway with the 2 large light pillars and their daughters driveway that then connects both driveways via a cul-de-sac.
Chairman Barron suggests to the applicant that they go back before the Planning Board and request the removal of the condition, but he’s noting that this Zoning Board will continue this meeting to the next Zoning Board of Adjustment Meeting on 03-01-2007 if it is required they come back, if this meeting is not continued to the next meeting and just adjourned here and the applicant finds they need to come back they would be required to reapply fully. Chairman Barron formally motions to continue this meeting to the next Zoning Board of Adjustment Meeting on 03-01-2007; 2nd Barry Elliott; no further discussion; all those in favor; motion passes.
7:03 pm
Randy Orvis motions to adjourn; 2nd Chairman Barron; no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 03-01-2007
Page 1 of 2; 1st paragraph under Application for an Equitable Waiver of Dimensional Requirements; change the word as to asks.
___________________________________ _______________________
Elmer W. “Butch” Barron, III; Chairman Date
Zoning Board of Adjustment
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