ZONING BOARD OF ADJUSTMENT
THURSDAY – MARCH 1, 2007
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott, John David Aylard,
Randy Orvis, Joanne Shomphe - Alternate
Staff Present: Doreen T. Hayden
Public Present: Kim Cardinal, Darlene Cardinal
Chairman Barron called the meeting to order at 6:04 pm
Chairman Barron calls for a motion on the previous months minutes noting in the 1st paragraph; 3rd word as should be changed to asks; Barry Elliott motions to approve the minutes as amended by Chairman Barron; 2nd Randy Orvis; no further discussion; all those in favor; motion passes.
Chairman Barron seats Joanne Shomphe for Gerry McCarthy.
Chairman Barron advises the members of the board that he does not see representation for the first item on the agenda;
· Continuation of Application from 02-01-2007 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.
Therefore will move to deliberate on the 2nd agenda item;
· Application for a Use Variance: From Article 2.08; Section 2.00(B) of the Zoning Ordinance; By: Kim & Darlene Cardinal (Tax Map R32, Lot #019); Requesting a Variance to permit the operation of a take-out meals facility operated from a mobile kitchen, Property is located in the (IB) Industrial Business Zoning District; known as 78 Main Street.
Darlene Cardinal will address the board, she introduces her husband Kim Cardinal; Darlene Cardinal gives a summary of her catering business detailing how the operation works and the food service her business provides to the Northwood School. Darlene Cardinal explained to the board they she had called the Town of Farmington offices several times of which none of her phone calls were returned; she indicated pointing to Doreen T. Hayden that she was not the one she spoke with she believes; Darlene Cardinal then explained how she had contacted the State of New Hampshire to inquire what she would need to open such a mobile kitchen, after her discussions with them, the State gave her the go ahead. Both she and Kim explained to the board that after their unsuccessful attempts to speak with anyone from the Town of
Farmington and the go ahead from the State of New Hampshire they pursued the opening of the mobile kitchen, they both stated they would address any concerns once the Town of Farmington contacted them and they rightly did so upon receipt of a letter from the Code Enforcement Officer Dennis Roseberry dated 01-08-2007 they immediately came down to the Town of Farmington Municipal Offices and applied for the Variance.
Ensuing discussion between board members and applicant in regards to the classification of the property and that it is located in the (IB) Industrial Business Zoning District; Darlene Cardinal made reference to her side of the street being in the IB Zone and across the street it is zoned (CC) Commercial Center; she further stated that previous to the Zoning change to the IB District they operated a commercial business comprised of a soda and chip business from the garage structure adjacent to the house.
Barry Elliott interjected that his concerns are about traffic egress and ingress.
Darlene and Kim Cardinal both stated that if they are required to go before the Planning Board for Site Review they will, they further emphasized that they would do whatever is required of them to allow the operation of this 2 hour, 1 day a week business to remain open as it is their daughters vision and allows her to be a stay-at-home Mom, but yet make a little money. They only charge between $5 and $6 per meal.
Chairman Barron asks for the board members to go through the application;
1) The proposed use would not diminish surrounding property values because:
The board comments that they do not believe it would diminish
2) Granting the variance would not be contrary to the public interest because:
All board members agree this would not be contrary
3) Denial of the variance would result in unnecessary hardship to the owner because:
a) Randy Orvis asks Chairman Barron to see his Zoning Book
b) No comments heard from the board
c) No comments heard from the board
4) Granting the variance would do substantial justice because:
No comments heard from the board
5) The use is not contrary to the spirit of the ordinance because:
No comments heard from the board
John David Aylard states that as long as it remains a 2-hour operation on Thursdays he doesn’t see a big impact on the ingress and egress of the business; his concerns are if they try to expand and add another kitchen.
Darlene and Kim Cardinal both adamantly stated that is not their intentions.
Chairman Barron asks Randy Orvis what he’s looking for in the Ordinance; Randy Orvis stated that he was reviewing the fact that take-out eating places are not allowed however some other things are allowed such as a Special Exception referencing Churches that have a once a week Church dinner and those could be considered take-out. Randy Orvis also does not think this would be contrary to the ordinance.
Chairman Barron interjects asking if the Building Inspector would consider this a change of use.
Randy Orvis states that he is inclined to grant this but he’s also trying to make sure they are staying within the spirit and intent of the ordinance, primarily by using the Church as an example restating, not contrary to public interest and not diminishing surrounding property values.
Joanne Shomphe interjected that she does not think some of the answers go with the questions on the application.
Randy Orvis opinions that he thinks there’s a problem with the Zoning Ordinance and doesn’t justify the use of the property and in addition this is really no difference as if a roach coach came into the office park; Chairman Barron disagrees saying they come and go.
Chairman Barron asks if any food has ever been sold out of that parcel.
Barry Elliott asks if there would be any problems with adding restrictions to the hours of the day for operation; Kim Cardinal replied that they thought about being open all day, once a week only during the summer months and they also thought not to do it.
Chairman Barron advises that the board is attempting to make a decision that will stand up in court for the applicant and the board.
Randy Orvis thinks it interferes with the use of the property.
John David Aylard interjects that a hardship would be because they couldn’t be able to help their daughter.
Chairman Barron reflects that all along, this parcel of property has had deliveries and business that have been in operation, there is ample parking, ample site distance, does not see a problem there. Chairman Barron asks what the State held them to; Kim Cardinal believes it is 1 day a week, Darlene Cardinal believes it is a set number of hours per month, she has all the paper work at home and would have to look it up.
Darlene Cardinal adds that she would prefer to see an hour time limit per week versus being locked in to 1 day a week, sometimes her daughter might not be able to be open on Thursday’s nights due to previous appointments, this would allow more flexibility.
Barry Elliott motions to approve the application for A Use Variance to allow the operation of a Mobile Kitchen that is not to exceed 8 hours per week and only for the use of 1 kitchen; 2nd Joanne Shomphe; no further discussion; all those in favor; motion passes.
Chairman Barron reflects that there is still 1 order of business that the board needs to address and that his position is not changed regarding the variance on both properties; if they build a cul-de-sac no dimensional variance required; if they don’t build the cul-de-sac then they will need a variance for both lots.
Chairman Barron motions to continue the Application for and Equitable Waiver of Dimensional Requirements to the next Zoning Board Of Adjustment Meeting of 04-03-2007; by Su-Ann Stickles; 2nd Joanne Shomphe; no further discussion; all those in favor; motion passes.
7:05 pm
Barry Elliott motions to adjourn; 2nd John David Aylard; no further discussion; all those in favor; motion passes.
APPROVED AS WRITTEN 04-05-2007
___________________________________ __________________________
Elmer W. “Butch” Barron, III, Chairman Date
Zoning Board of Adjustment
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