TOWN OF FARMINGTON
ZONING BOARD OF ADJUSTMENT
THURSDAY - June 7, 2007
356 Main Street - Farmington, NH
Members Present: Chairman Elmer W. "Butch" Barron III, Barry Elliot, John David Aylard,
Randy Orvis and Alternate JoAnn Shompe.
S.R.P.C. Julie LaBranche, Sr. Land Use Planner, Strafford Regional Planning Commission
Public Present: Donna Goslin, Wayne Jenness, Kim Jenness, Meleigha Jenness
Chairman Barron called the meeting to order at 6:03pm and sat Alternate Joanne Shompe for Gerry McCarthy.
Chairman Barron calls for a motion on the previous month’s minutes; Randy Orvis motioned to approve the minutes of May 3, 2007 as amended, 2nd John David Aylard; no further discussion; motion carried.
Continuation of Application from 02-01-2007 and 4-5-2007 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
Donna Goslin informed the Board that Abbey Lane construction is complete, with the cul-de-sac in place. She is just waiting for the Road Agent and the Code Enforcement Officer to sign off on the project. Ms. Goslin stated that she is requesting this waiver so she does not have to move her driveway as it is conditioned with a Planning Board decision when they granted her daughter her building permit and subdivision in May of 2005. Chairman Barron questioned why Ms. Goslin did not present a plan to the Planning Board in 2005 that showed her driveway in its current position. Ms. Goslin responded that the Planning Board was insistent that the driveway be moved, so she agreed so that her daughter could obtain her permit.
Chairman Barron read the Notice of Decision from the Planning Board dated 5/2/05 into the record with one of the conditions of approval being that the current driveway would be removed and a new one put it. Chairman Barron stated that the applicant is now in non-compliance of moving the driving and is requesting that the ZBA override a condition of approval by the Planning Board for a subdivision. He explained that the ZBA couldn’t really do anything for the applicant because it has been two years since the Notice of Decision.
Chairman Barron motioned to continue the discussion by Su-Ann Stickles (Tax Map R5, Lot 9-2) until the July 12, 2007 meeting and pose this question to the Town Attorney for recommendation, seconded by John David Aylard. Discussion followed in that Julie LaBranche questioned why the Board needs to question Legal. Chairman Barron responded that the waiver does not apply in which she is applying for, but she would like to leave her driveway where it is. Motion carried with all in favor.
Seeing no representation from Ronald & Melissa Goslin for their application for (Tax MapU02, Lot #51), Chairman Barron moved the item further down on the agenda.
Application for a Special Exception from the Town of Farmington Zoning Ordinance Article 2.02C; Section 2.00 Prohibited Uses; By: Wayne Jenness; (Tax Map U7, Lot #004); Property owner Ernest E. LaPierre; Property located at 297 Main Street; in the (SR) Suburban Residential Zoning District; for the approval to operate a lunch wagon from this site.
Wayne and Kim Jenness informed the Board that they are seeking approval to operate a lunch wagon at Ernie LaPierre's property. Mr. Jenness stated that they have been approved by the Fire Inspector and have received all the necessary State Licenses.
Julie LaBranche explained to Mr. Jenness that in reviewing his application she discovered that the property he is proposing to place his lunch cart is in the (SR) Suburban Residential Zoning District not the (UR) Urban Residential Zoning District and therefore he will need a variance not a special exception. She apologized to Mr. Jenness for the confusion. Chairman Barron stated that because this was a clerical error the Board was going to try to address the issue of a variance request tonight and that the applicants would need a Use Variance from Article 2.02C; section 2.00 Prohibited Uses.
Julie informed the Board that she contacted Legal for some clarification if the lunch cart would be considered a "take-out" or an "accessory use" and their response was that it would be considered a take-out. Randy Orvis stated he believes this would be an accessory use because the property is primarily a garage (Ernie's Tire). Julie responded that according to the Zoning Ordinance it could not be an accessory use and asked Mr. Jenness how long he plans to operate his lunch cart. Mr. Jenness responded he has a one-year lease from Mr. LaPierre.
Randy Orvis asked the applicant how he was going to dispose of his wastewater. Mr. Jenness responded he has a holding tank in which he plans to take home nightly and dispose of there.
A resident of 302 Main Street spoke that he was concerned with his property value being diminished by this lunch cart and the rubbish they might be created. Another abutter, Richard Cope was also concerned with his property value being diminished. Chairman Barron read a letter into the record from Sally Fontneau, an abutter, who was concerned with the increase in traffic, diminishing property value, trash, the parking along Rte. 153.
Randy Orvis questioned if Mr. Jenness is proposing tables and chairs on the site. Mr. Jenness responded this is to be soley take out so he will not have tables and chairs. The applicant also added that he has plans to repaint the outside of the lunch cart and then put skirting all around the bottom to enrich the appearance of it. He also has plans to have 2-3 large trashcans on the premises that he will be taking home daily to empty. Barry Elliot questioned what his proposed hours of operation would be and Mr. Jenness responded he would be closed either Sunday or Monday and then open Tues- Thurs. from 10am to 7pm and Fri through Sat. from 10am to 10pm.
Randy Orvis questioned where the rental units park on this property and Mr. Jenness responded behind the building. Chairman Barron questioned what the hours of operation were for Ernie's Tire. It was stated that Ernie's was open from 9am to 5pm but that he has closed his business right now for medical issues.
Randy Orvis stated he was concerned with traffic control along Rte. 153 and could see the possibility of people parking in front of the lunch wagon and/or backing on to Rte. 153. Mr. Jenness stated that he plans to put up white poles to prohibit parking in front of the lunch wagon.
Chairman Barron questioned why this variance would not go to the Planning Board after a decision by this Board for site plan review. Julie LaBranche responded that the Zoning Ordinance does not require it but it could be a condition of approval from this Board or the ZBA could apply their own conditions to the approval. Julie added that in previous conversations with the applicant she recommended that he submit a management plan citing his hours of operation, proposed signage, delineated parking, traffic control, trash placement, wastewater issues, lighting and the distance of the cart from the road, however he did not supply any of this information.
Chairman Barron stated he sees no way around the applicant filling out the appropriate variance application and providing a detailed narrative as discussed above. Chairman Barron motioned to continue the application by Wayne Jenness (Tax Map U7. Lot #004) until July 12, 2007; and have no further fees assessed by the Planning Office; and the applicant supply a proper Variance application and a detailed plan for his business; 2nd Barry Elliot. Discussion was held that Julie LaBranche would like a detailed letter sent to Mr. Jenness explaining what he will need to do for the next meeting, the Board was in agreement. Motion carried with all in favor.
Continuation of Application from 05-03-2007 for an Area Variance from Article 2.04, Section B of the Zoning Ordinance: By Ronald and Melissa Goslin (Tax Map U02, Lot #51); Requesting a Variance from the density requirements of 10,000 square feet per residential unit; for a proposed conversion from an assisted living facility to a 3 family residential unit; Located at 31 Tappan Street, in the (UR) Urban Residential Zoning District.
Barry Elliot motioned to extend the Application by Ronald and Melissa Goslin (Tax Map U02, Lot #51) to July 12, 2007 due to lack of representation, seconded by John David Aylard. Discussion followed that the Board would like a letter sent to the Goslins explaining this will be the last continuation without response from them. Motion carried with all in favor.
Other:
Chairman Barron asked the Board how they felt about moving the meeting time up a little because it is very difficult to get here on time. The Board was in consensus to move the meeting start time to 6:30pm commencing on July 12, 2007. Chairman Barron motioned to change the ZBA meeting time to 6:30pm commencing on July 12, 2007, 2nd by John David Aylard. Motion carried with all in favor.
.
Randy Orvis motioned to adjourn; 2nd John David Aylard. Motion carried.
Chairman Barron adjourns the meeting at 7:45 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS AMENDED 07-12-2007
1st paragraph, 1st line beginning with Donna Goslin – remove the 11th word “not”.
__________________________________ __________________
Elmer "Butch" Barron III, Chairman Date
Farmington Zoning Board of Adjustment
| 
