ZONING BOARD OF ADJUSTMENT
THURSDAY - NOVEMBER 1, 2007
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott, John David Aylard,
and Joanne Shomphe - Alternate
Members Excused: Randy Orvis and Gerry McCarthy
Town Staff Present: Director of Planning and Community Development, Daniel Merhalski
Public Present: Gail Ellis, Chris Berry, Randy Toussaint, Patricia Bowen, Charlie King, Fred Pitman, Cathy Place, Gail Pitman, Robert Place, Cathy King and Rene Toussaint.
Chairman Barron called the meeting to order at 6:33pm and seated Joanne Shompe for Gerry McCarthy.
Chairman Barron calls for a motion on the previous months minutes; Barry Elliott motions to approve the minutes of October 4, 2007 as presented, 2nd John David Aylard; no further discussion; all those in favor; motion carries.
Chairman Barron advises the members of the board that there is a meeting draft 2008 meeting schedule and asked if members have any comments. Barry Elliott suggested changing the July 3, 2008 meeting to July 10, 2008 due to the holiday. Butch Barron motioned to change the meeting date from July 3, 2008 to July 10, 2008, 2nd Joanne Shompe. Motion carried with all in favor.
Continued Cases:
Continuation of Application from 09-06-2007 and 10-04-2007 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.
Chairman Barron reminded the board that Mr. Berry presented the plans at last months meeting so he opened the floor to the board for discussion. Chairman Barron asked what the proposed density is. Mr. Berry responded 31 single family home on 3 acre lots. Chairman Barron asked if there is another way to construct the road so that it will not affect the 25% slopes. Mr. Berry explained that he discussed other viable solutions with Dan Merhalski and created a pro/con list of the options for the board to consider. In reviewing the other options it was discussed that by moving the road up on the property one would have significant wetland issues and in moving the road down on the property there would be more disturbance of the 15% slopes and would force development closer to the wetlands. Mr.
Berry explained that his client feels the least amount of impact comes from their current road proposal.
Chairman Barron inquired if the bulk of the 25% slopes they are proposing to impact are a large result of the mining/gravel pit. Mr. Berry responded yes and that the road is proposed where it is mostly at its natural state. Mr. Berry added that the slopes in their current condition cause storm water run-off problems and have the potential for flooding downhill. He explained that by removing the slopes (which is what they want to do) there would be a greater amount of infiltration, therefore slowing down the rate of infiltration as well.
Mr. Berry explained that the total of square footage his client wishes to disturb is hard to calculate at this point because they do not have a concrete plan as of yet due to the fact they wanted to know if they could even start the project first. What the applicant is seeking is an okay on the use variance on the slopes and then will go to the planning board with more concrete plans and back to the ZBA for final approval.
Chairman Barron stated that he is concerned that the applicants will disturb whatever is needed in order to get the 31 lots and that he will not allow. Mr. Berry explained that the ordinance allows 15% slope disturbance as long as it is not greater than 10 vertical feet and that the applicant has no problem with changing or removing lots as the process moves along. Mr. Berry stated, "for example lot 10 might be completely deleted." Chairman Barron replied that he needs a more concrete plan for the grade of the road and where and what materials will be removed from the knoll and the pit, plus what will happen with the materials.
Mr. Berry asked if it would make the process easier if he had proposed a grading plan for the knoll and then came back in after the approval/denial with a specific grading plan/conceptual design for the slope disturbance for the road. Chairman Barron replied that it is not necessary at this time to separate the two, however, he would like the location and area of disturbance of the unreclaimed gravel pit now with an overlay of the proposed road. He would also like a "ballpark" idea (with a few feet) of what the intent is for slope disturbance. Mr. Berry asked if the Board would like a revised simplex analysis and Chairman Barron replied yes.
Chairman Barron opened the meeting to the public for input. Randy Toussaint, abutter, questioned if there is any number available for the amount of materials being removed form the site. Mr. Berry replied not yet. Mr. Toussaint asked if the proposed road is going to be a town approved road. Mr. Berry replied that the Town requires all roads to be built to Town standards though it will remain a private road until and if the Town accepts it. Mr. Toussaint stated he is concerned that lots like 10-28 will fill their wetlands without permission. Chairman Barron explained that they legally cannot fill the wetlands, though the ZBA does not police it, the Code Enforcement Officer would. Lastly, Mr. Toussaint questioned if any study has been done or proposed to see how this development
will affect landowners downstream with flooding and erosion issues. Chairman Barron explained that the planning board would consider this type of work during site review.
Butch Barron motioned to continue the application for a Use Variance by Gail Ellis (Tax Map R22, Lot #10) to December 6, 2007, 2nd Barry Elliott. Motion carried with all in favor.
New Cases:
Application for a Use Variance By: Patricia Bowen (Tax Map R49, Lot #77); (Owners of record Joseph and Michelle Henry); To allow the operation of a Dog Training Business from a residential parcel; located at 144 Bay Road, Farmington, NH 03835; in the (SR) Suburban Residential Zoning District.
The applicant Patricia Bowen explained that she would like to operate a pet dog training facility out of this home. Dan Merhalski stated that this application is for a commercial/ industrial use not specified in the SR so it would require a special exception. Butch questioned if it would be considered a school and Dan replied no.
Joanne asked if the plan is for a kennel or keeping (daycare) of dogs. Ms. Bowen explained no, she would just before offering classes. Those classes would consist of no more than 4 dogs at a time with their owners.
The Board reviewed the application. Butch asked if the trainings would be held in the fenced in area that already exists. Ms. Bowen responded that most of the trainings would occur in the home and on walks because she is doing pet training and that the fence area would be used for exercising and a play area for the dogs.
John asked if there is room at this location for 4-5 vehicles. Ms. Bowen expressed that she believed one could park up to 8 vehicles in the driveway due to its size.
Barry questioned if the applicant is proposing overnight training. Ms. Bowen explained that she is unsure at this time but that if she did it would only be for 1-2 dogs that would be kenneled at night and treated like pets not a kennel.
Butch opened the floor to the public for comment. Fred Pitman, abutter, stated that he would like more information on the number of dogs, hours and whether or not there will be attack or defensive training offered, added to the applicants plan. Butch asked Dan if the plan requires site review. Dan replied no. In response to Mr. Pitman's comments Ms. Bowen expressed that she will only offer one on one lessons or lessons with a maximum of 4 dogs, that the hours would be daylight hours, and that there would only be obedience training.
Cathy Place, abutter, expressed that she is terrified of dogs and is concerned that the specific plans need to be outlined as discussed and that the number of dogs should be kept under control.
Gail Pitman, abutter, asked if the zoning change (if approved tonight) would stay with the property or the particular business. Butch explained that the approval would be for the specific type of business and it lapses for one year than the approval is rescinded.
Barry asked Dan what would make this application require a site review by the planning board. Dan stated that it is an incidental commercial use with a residential use so would not require a site review. Charlie King, planning board chair, added that if the application were for a business in an outside building separate from the home it would require a site review. Dan apologized for the confusion but in researching the zoning ordinance he discovered that the application would require site review from the planning board if received approval from the ZBA.
Butch informed the applicant that she has the right to wait for a full board before a decision is rendered due to the fact that they are missing a member tonight. Patricia Bowen agreed to proceed tonight with a decision.
Butch Barron motioned to grant the use variance for Patricia Bowen (Tax Map R49, Lot #77) contingent upon the following conditions; 1. Limit to 4 dogs in training that are not registered to the applicant; 2. hours of operation to be from 8am to 8pm or sunset; and 3. no guard or attack dog training on premises. 2nd by John David Aylard. Motion carried with Barry Elliott opposed.
Joanne Shompe informed the Chair that she would not be present at the December meeting.
Barry Elliot motioned to adjourn; 2nd Joanne Shompe; no further discussion; all those in favor; motion carries.
Chairman Barron adjourns the meeting at 8:26pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS WRITTEN 12-06-2007
_______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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