TOWN OF FARMINGTON
ZONING BOARD OF ADJUSTMENT
THURSDAY - OCTOBER 4, 2007
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliot, John David Aylard and
Alternate Joanne Shomphe
Members Absent: Randy Orvis and Gerry McCarthy, both with notification
Town Staff Present: Dan Merhalski, Director of Planning and Community Development
Public Present: Gerry Kate, Joan LeClerk, Carol Keiser, Peter Keiser, Chris Berry, Gail Ellis,
Steve Currier, Denise Currier
Chairman Barron called the meeting to order at 6:33pm.
BUSINESS BEFORE THE BOARD:
Chairman Barron calls for a motion on the previous month’s minutes; Barry Elliot motions to approve the minutes of September 6, 2007 as presented, 2nd John David Aylard; no further discussion; all those in favor; motion passes.
Chairman Barron seated Joanne Shomphe for Gerry McCarthy.
CONTINUED CASES:
Continuation of Application from 08-02-2007 and 09-06-2007 for an Area Variance: By Amanda and Edward Bernier (Tax Map U10, Lot #118); Requesting a Variance from the setback requirements as detailed in Article 2.04, Section B of the Farmington Zoning Ordinance; to allow the construction of a 12' x 17' deck on the side of an existing pool without the required setbacks; Property located at 57 Glen Street; in the (UR) Urban Residential Zoning District.
Chairman Barron informed the Board that there was no presentation for this application tonight thus far. Barry Elliot motioned to move the item to the bottom of the agenda, 2nd Joanne Shomphe. Motion carried with all in favor.
Continuation of Application from 09-06-2007 for a Use Variance: By Gail Ellis (Tax Map R22, Lot #10); from Article 3.12, Section E, of the Farmington Zoning Ordinance; to allow the construction of a roadway and the removal of 25% slopes. Property located on Ten Rod Road in the (AR) Agricultural Residential Zoning District; Presented by Chris Berry, Berry Engineering and Survey.
The applicant Gail Ellis informed the Board that she is awaiting Chris Berry's arrival. Barry Elliot motioned for a ten minute recess, 2nd Joanne Shomphe, Motion carried with all in favor.
Meeting recessed at 6:37pm.
Meeting reconvened at 6:44pm.
Mr. Berry apologized for his lateness.
Chairman Barron informed the applicant that she has the right to request a continuation because this Board is short one member tonight. The applicant stated she is willing to move forward with the application anyway.
Mr. Berry informed the Board that the applicant owns two parcels between Ten Rod Road and Poor Farm Road and would like to develop them. Mr. Berry stated that his firm had a wetlands analysis and survey done and due to the fact that an administrative decision was made by the Town of Farmington (on another application), that stated that slopes greater than 25% would require a zoning variance, this applicant is requesting a variance now.
Mr. Berry explained that there are two large wetland areas on the outside of each parcel and that the applicants are proposing to develop within the center of the parcels so as to not disturb the wetlands and so that the development is well screened from the roads. He stated that an open space as been provided on the exterior of the parcels to screen the development and minimize environmental stress. Mr. Berry continued that many of the steep slopes in excess of 25% are in storm management areas and are a result of the previous development by previous owners. This applicant would like to reclamate the area. Mr. Berry added that he feels this is the best place for the road because it is away from the wetlands, on a gravel way that is already in existence and impacts the least amount of slopes.
Mr. Berry also stated that a large portion of the slope disturbance is to remove an unsafe, unpermitted gravel pit and reclaim it with the proper drainage, erosion control and improve water quality.
Mr. Berry reviewed the applications for the board by reading through all five questions on both applications. Butch Barron asked if the gravel pit was ever permitted. Mr. Berry replied he could not find any permit on file and would guess the area had been mined for approximately a year and used to create the existing graveled way. Butch asked what the applicant is proposing to do with the mined materials obtained when removing the slopes. Mr. Berry stated that it has not yet been determined but he would assume most of the materials would be used for the sub grade of the road.
Joanne Shomphe asked if the applicants have been before the planning board. Mr. Berry explained they have for a conceptual discussion and their main concern was the 25% or greater slope disturbance. Joanne also asked if they are proposing a private road. Mr. Berry replied yes.
Barry Elliot asked at what point do the lot driveways come into play with the slope disturbance. Mr. Berry displayed a map showing the areas of great slopes that would be impacted. Butch asked approximately how much land will be included in the slope disturbance and the road construction. Mr. Berry replied that the gravel pit reclamation area is about 2 acres in size and the road construction would disturb about ½ acre.
Chairman Barron opened the meeting for public comment. Peter Keiser, 48 Poor Farm Rd., asked what the intentions are in regards to the number of units. Butch stopped him and said that for tonight’s purposes the only items up for discussion are the slope disturbance and the road construction, but that his comments would be welcome at future planning board meetings regarding the application.
Denise Currier, 353 Ten Rod Road, stated that she is concerned that her back yard may become a larger swamp area due to the disturbance this development might create. Mr. Berry explained that there would be no potential impact to her lot because the slopes that are being disturbed are further down the development and she is considerably higher in elevation.
Butch commented that he has a memo from Town Counsel in which it states that the rules have changed in regards to variances due to a recent court decision and he feels that this Board may need to obtain legal advice before rendering a decision.
Barry commented that he is not convinced that the applicant meets the exception as defined in Section 3.12 E.3 of the Zoning Ordinances. Mr. Berry stated that he partially agrees and feels that Section 3.12 E. 9 of the same Ordinances also addresses this application. Mr. Barron commented that they appear to fit both in sections 3 and 9.
John David Aylard motioned for a 10 minute recess in order to read the administrative decision that Mr. Berry is basing his variance request upon, 2nd Joanne Shomphe. Motion carried with all in favor.
Meeting recessed at 7:42pm.
Meeting reconvened at 7:50pm.
Butch Barron motioned to consult with Town Counsel on this application brought forth by Gail Ellis (Tax Map R21, Lot #10) and to continue the hearing until 11-01-2007, 2nd Joanne Shomphe. Motion carried with all in favor.
Continuation of Application from 08-02-2007 and 09-06-2007 for an Area Variance: By Amanda and Edward Bernier (Tax Map U10, Lot #118); Requesting a Variance from the setback requirements as detailed in Article 2.04, Section B of the Farmington Zoning Ordinance; to allow the construction of a 12' x 17' deck on the side of an existing pool without the required setbacks; Property located at 57 Glen Street; in the (UR) Urban Residential Zoning District.
Barry Elliot motioned to deny the application from Amanda and Edward Bernier (Tax Map U10, Lot #118), 2nd Joanne Shomphe. Motion carried with all in favor.
John David Aylard motioned to adjourn; 2nd Barry Elliot; no further discussion; all those in favor; motion carries.
Meeting adjourned at 8:00pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS WRITTEN 11-01-2007
_______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Farmington Zoning Board of Adjustment
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