ZONING BOARD OF ADJUSTMENT
THURSDAY - July 12, 2007
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliot, John David Aylard, Randy Orvis
Members Absent: Joanne Shomphe - Alternate - with notification
Public Present: Donna Goslin, Wayne Jenness, Kim Jenness, M. Jenness, Stanley Freeda, Kim Vachon, Pat Cremen, David DeJager, Su-Ann Stickles, Paul Cardinal and Ron Tebbetts.
Chairman Barron called the meeting to order at 6:37pm.
Old Business
Chairman Barron calls for a motion on the previous months minutes; Barry Elliot motioned to approve the minutes of June 7, 2007 as amended with one word change to strike the word "not" from the first paragraph of the first application, 2nd Randy Orvis; Motion carried with all in favor.
New Business
Chairman Barron motioned to accept the revised Zoning Board of Adjustment By-Laws reflecting the change in start time from 6:00pm to 6:30pm, 2nd Ramdy Orvis. Motion carried. All members signed the revised ZBA By-laws.
Continuation of Application from 02-01-2007, 04-05-2007 and 06-07-2007 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.
Chairman Barron read a memo from Contract Planner, Julie LaBranche that stated Town Counsel stated that the ZBA is not legally able to grant this waiver request because the allotted time for appeal of a Planning Board decision had passed.
Chairman Barron informed the applicant the she has the right to wait for a full board to discuss his application and have it voted on since the ZBA is missing one member tonight. Ms. Stickles said she was ready to proceed tonight.
Chairman Barron motioned to deny the 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) based upon information given to the Board by Town Counsel, 2nd John David Aylard. Motion carried with all infavor. Barry Elliot commented that it is too bad that it took so long to get this information and it would be nice to get it a little quicker.
Continuation of Application from 05-03-2007 and 06-07-2007 for an Area Variance from Article 2.04, Section B of the Zoning Ordinance: By: Ronald & 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.
Chairman Barron informed the board that the applicants were not present. Barry Elliot suggested moving this item to the bottom of the agenda in case the applicant were running late.
Continuation of Application from 04-05-2007 and 05-03-2007 for a Use Variance: By: A.J. Foss (Paul Cardinal) (Tax Map R19, Lot #24); Requesting a Variance to permit the extension in size of an existing stock-pile area; filling in of a large hole (left by previous owner); "maybe" in the future to relocate main business entrance; "maybe" erection of another garage; and also the use as a sand pit. Property is located in the Rural Residential Zoning District at 100 Cocheco Road.
Mr. Cardinal explained that he is really not sure why he is here tonight. He was told that it was probably better to combine the three lots into one but is really not sure what to do right now. He questioned the board as to whom he should seek for assistance and Chairman Barron recommended that he speak with Julie LaBranche.
Chairman Barron motioned to deny the application for a Use Variance by AJ Foss (Tax Map R19, Lot #24), 2nd by John David Aylard. Motion carried with all in favor.
Continuation of Application from 06-07-2007 for a Use Variance (previous special exception application was in error) from the Town of Farmington Zoning Ordinace; Article 2.02 C (1); 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 allow the operation of a lunch wagon from this site.
Chairman Barron read a letter from Julie LaBranche dated June 11, 2007 and informed the Board that if the ZBA approves this Use Variance then the applicant will need a minor site plan review by the Planning Board.
Chairman Barron informed the applicant the he has the right to wait for a full board to discuss his application and have it voted on since the ZBA is missing one member tonight. Mr. Jenness said he was ready to proceed tonight.
The Board reviewed the application. Barry questioned why Mr. Jenness stated in his application he would like to place two picnic tables when at the last meeting he stated that he was not when asked by Randy Orvis. Mr. Jenness stated that the picnic tables were his wife's idea and that he had no problem not adding them to the site if it was going to hold him up.
Chairman Barron read a letter from abutter, Sally Fontineau that requests the Board consider the amount of noise, traffic/parking issues and trash this type of business may bring to a residential area. Chairman Barron also read a letter from Ernest LaPierre and K & D Cleaning Company into the record. The Board also received a letter from Fire Chief Richard Fowler stating that the lunch cart meets all fire department standards.
Randy Orvis commented that he was glad Mr. Jenness remembered his abutters concerns and reduced his hours of operation to be considerate.
In going through the application the Board decided that granting the variance would not be contrary to the public interest. Barry read Section 1.01 from the SR zoning ordinance. Chairman Barron noted that non-residential uses in the SR have a 50 foot setback which would be another issue to contend with.
Randy Orvis motioned to deny the application for a Use Variance from Article 2.02C; Section C (1) of the Zoning Ordinance by Wayne Jenness (Tax Map U7, Lot #004) because the ordinance as applied to the property does not interfere with the reasonable use of the property, 2nd Barry Elliot. Motion carried with John David Aylard opposed.
Application for a Use Variance from Article 2.08; Section A & D of the Zoning Ordinance: By: Kim Vachon (Tax Map R34, Lot #002); Parcel owned by Arthur Cardinal; located at 673 NH Route 11; Located in the (IB) Industrial Business Zoning District; Requesting approval to operate a mobile lunch wagon from this site.
Chairman Barron read through the application with the Board and a letter from Arthur Cardinal stating he granted Ms. Vachon permission to operate her lunch truck on his property. Barry stated that the setback in this zone is 50 feet so the proposed truck would need to be moved further back on the property. Barry asked if the truck would be parked or removed daily. Ms. Vachon responded that she would like it to be stationary. Barry asked if the truck is self-contained or would need to be plugged in. Ms. Vachon responded that it would need to be plugged in.
Ms. Vachon stated that there is no area in the ordinance that allows the consideration of lunch carts and is under the impression that this is a gray area in which the ZBA can make a judgement call. Chairman Barron explained that this Board is tasked with the job of authorizing not-permitted uses and such according to State Law. Barry stated there are three zones in town which specifically allow lunch carts.
Chairman Barron informed the applicant she has the right to wait for her application to be heard in front of a full board because there are only four members present tonight. Ms. Vachon responded she is okay with moving ahead with just the four members.
The Board could not decide how denying this variance would interfere with the reasonable use of Mr. Cardinal's property. Randy Orvis motioned to deny the application for a Use Variance from Article 2.08; Section A & D of the Zoning Ordinance by Kim Vachon (Tax Map R34, Lot #002) because the zoning restriction as applied to the property does not interfere with the reasonable use of the property, 2nd John David Aylard. Motion carried with all in favor.
Application for an Area Variance from Article 2.04; Section B of the Zoning Ordinance By: Stanley Freeda (Tax Map U10, Lot #24); to allow an addition to be constructed without meeting the required setbacks; Property located at 569 Main Street; in the (UR) Urban Residential Zoning District.
Chairman Barron informed the applicant the he has the right to wait for a full board to discuss his application and have it voted on since the ZBA is missing one member tonight. Mr. Freeda said he was ready to proceed tonight.
Randy Orvis asked why the applicant applied for a variance not a special exception. Mr. Freeda explained that he was told he needed this variance. Chairman Barron stated that unfortunately these types of things are going to continue to happen until the Town hires a full time Planner. The Board decided to proceed with this application.
Barry asked what purpose the addition will have. Mr. Freeda explained that the home is very old and has no closets and storage areas. By adding this addition he will gain this. Barry asked if there would be a change in the number of bedrooms with this addition. Mr. Freeda responded the addition will be a bedroom but he plans on re-utilizing the old bedroom for something else.
John asked if the addition will keep in line with the current home and stay five feet away from abutter. Mr. Freeda responded yes, his plan is to match the current home to maintain the aesthetics of the neighborhood. John asked if the abutters home goes beyond his and if so are there windows on the side facing his property that would be blocked by this addition. Mr. Freeda responded that the abutters home does go back further now and that there are no windows on that side of the abutters home.
The Board was in agreement that the applicant met all the requirements of the variance. Randy Orvis motioned to grant the Area Variance from Article 2.04; Section B of the Zoning Ordinance as presented by Stanley Freeda (Tax Map U10, Lot #24), 2nd John David Aylard. Motion carried with all in favor.
Barry Elliot motioned for a quick recess, 2nd Randy Orvis. Motion carried with all in favor.
Chairman Barron recessed the meeting at 9:10pm.
Chairman Barron reconvened the meeting at 9:18pm.
Application for an Equitable Waiver of Dimensional Requirements from Article 2.03; Section B of the Zoning Ordinance By: McJager Properties, LLC (Tax Map R49, Lot #7) (David DeJager); to allow the existing home to remain on existing lot located in the (RR) Rural Residential Zoning District; Property located at 997 NH Route 11.
Chairman Barron informed the applicant the he has the right to wait for a full board to discuss his application and have it voted on since the ZBA is missing one member tonight. Mr. DeJager said he was ready to proceed tonight.
David DeJager explained that he requesting this variance because he is five feet to close to Trotting Park Rd. Barry asked if Mr. DeJager has an agreement with the Town to purchase the property. Mr. DeJager responded that he has already paid for the land and that the agreement is contigent upon him getting this waiver approved.
Randy stated that in reviewing RSA674:34(a) he believes this application meets the requirements. Randy Orvis motioned to grant the Equitable Waiver of Dimensional Requirements from Article 2.03; Section B of the Zoning Ordinance as presented by McJager Properties, LLc (Tax Map R49, Lot #7), 2nd Barry Elliot. Motion carried with all in favor.
Continuation of Application from 05-03-2007 and 06-07-2007 for an Area Variance from Article 2.04, Section B of the Zoning Ordinance: By: Ronald & 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.
Chairman Barron motioned to deny the application for an Area Variance from Article 2.04, Section B of the Zoning Ordinance by Ronald & Melissa Goslin (Tax Map U02, Lot #51) based on the fact that they have not made a presentation in the last two meetings, 2nd Barry Elliot. Motion carried with all in favor.
Chairman Barron motioned to adjourn, 2nd John David Aylard. Motion carried with all in favor.
Chairman Barron adjourns the meeting at 9:42 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS AMENDED 08-02-2007 (typographical / grammatical changes) and verification of a memo from Contracted Sr. Land Use Planner Julie LaBranche.
_______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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