ZONING BOARD OF ADJUSTMENT
MEETING MINUTES OF
THURSDAY - DECEMBER 6, 2007
356 MAIN STREET - FARMINGTON, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott and John David Aylard
Members Excused: Randy Orvis, Joanne Shomphe and Gerry McCarthy
Town Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Gail Ellis, Chris Berry and Randy Toussaint.
Chairman Barron called the meeting to order at 6:32pm.
Chairman Barron calls for a motion on the previous months minutes; Barry Elliott motions to approve the minutes of November 1, 2007 as presented, 2nd John David Aylard; no further discussion; all those in favor; motion carries.
Continued Cases:
Continuation of Application from 09-06-2007, 10-04-2007 and 11-01-2007 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.
Chris Berry of Berry Engineering and Survey explained that the applicants’ original request was for a variance to remove gravel material from 25% slopes and to place a road on 25% slopes. Mr. Berry explained that since the last meeting he came up with a gravel pit design, planned the road overlay and showed areas of 25% slopes on the map that are proposed to be disturbed. He also figured the square footage for slope disturbance to be approximately 3.5 acres with the gravel pit disturbance at about .5 acres. He also looked at feasible road alternatives and really feels the proposed road placement is the best for many reasons including abutters, wetlands, drainage, etc. Lastly, Mr. Berry expressed that denial of the application would result in the inability to use the real property on the
parcel which the applicant considers valuable.
Barry questioned the quantity of the materials of the total 25% slopes on the property to be utilized on site and to be removed. Mr. Berry stated that he does not have the numbers now, but could work them out for another meeting. Butch requested a "best guess" estimate of how much materials will be exported and utilized on site.
Butch asked how many lots are proposed on the subdivision and Mr. Berry stated currently there are 31 lots with 130 acres total.
Butch opened the meeting to the public. Randy Toussaint, abutter, stated that he is concerned with that there will be a commercial mining operation on the property. Butch replied that mining operations are a permitted use in this zone though the Town can control the hours of operation. Mr. Berry responded that the applicant live up the road and has no intention of running a gravel pit to make money but is more interested in removing the materials so she can develop the property.
Barry stated that he is concerned that if this variance is granted and the development moves forward than future lot owners will be back asking for the same variance to build their driveways. Mr. Berry responded that he does not believe that would be so because the applicants are hoping to address all those issues with this one variance for the impacted lots.
Barry asked Dan if there is any history for granting this variance. Dan replied that this would be a precedent setting decision because it is the first time this ordinance has been challenged. Chris added that the state of NH is thoroughly riddled with 25 % or greater slopes and believes the reason why this ordinance has not been challenged is because it is a difficult process but more importantly because the slopes were not recognized in the plans.
John stated that it appears the variances requested are contingent upon each other. Mr. Berry replied that they are not necessarily but it would make the project less of an impact if they were both granted.
Butch Barron motioned to continue the application for a Use Variance by Gail Ellis (Tax Map R22, Lot #10) to January 3, 2007 and to set the meeting to start at 7pm so the Board can meet with legal counsel at 6:30pm, 2nd John David Aylard. Motion carried with all in favor.
John David Aylard motioned to adjourn; 2nd Barry Elliot; no further discussion; all those in favor; motion carries.
Chairman Barron adjourns the meeting at 7:41pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS WRITTEN 01-03-2008
_______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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