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ZBA Minutes 11/06/2008
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday - November 6, 2008
356 Main Street - Farmington, NH

Members Present:        Elmer W. "Butch" Barron III, Barry Elliott, Joanne Shomphe, Joe                                 Pitre and John David Aylard

Members Excused:        Randy Orvis and Paul Parker

Town Staff Present:     Director of Planning and Community Development, Daniel                                  Merhalski

Public Present:         Cheryl Bonar and James Horne

Chairman Barron called the meeting to order at 6:30pm and opened the public hearing.

Business Before the Board:
Review and approve the Meeting Minutes of 5-1-2008:  Barry Elliot motioned to approve the minutes of 5-1-2008 as written, 2nd John David Aylard.  Motion carried with Joe Pitre abstaining because he was not present.
Continued Cases:
None

New Cases:
Application for an Area Variance by: Cheryl Bonar (Tax Map U-4, Lot 18); From Article 2.02, Setback Requirements for the Suburban Residential Zoning District of the Town of Farmington Zoning Ordinance; To permit construction of a pool in the Suburban Residential (SR) Zoning District.

Ms. Bonar explained that her ex-husband installed the pool 10 feet off her property line but according to the zoning setback it is suppose to be 15 feet.  Butch asked how far off the property line the fence is and Ms. Bonar explained that it is 4.5 feet from the line to the fence and 5 feet 10 inches from the fence to the pool.  Barry asked how long the pool has been installed and Ms. Bonar replied 18 months.  Joe asked for the total size of the lot and Ms. Bonar replied it is 110 by 100.  Butch then asked if a permit was acquired to install the pool and Dan replied no.

The Board reviewed the application and then opened the hearing for public comment.  James Horne, abutter, stated that he had no issue with the pool as it stands.  Joanne asked why this is coming up now since the pool has been up for over a year.  Ms. Bonar explained that an abutter complained because they thought they owned up to her fence but have since found out they do not.  Joe asked how long the fence has been up and Ms. Bonar replied she has owned the home for 16 years and it has been there at least that long.

Barry Elliot motioned to grant the area variance from Article 2.02 of the setback requirements for the SR to Cheryl Bonar (Tax Map U-4, Lot 18) for the pool as it sits today, 2nd Joanne Shomphe.  Discussion followed in which Joe noted that he is going to abstain because the school is an abutter and he is a school board member.  Motion carried with all in favor.

Barry Elliot motioned to adjourn, 2nd John David Aylard.  Motion carried with all in favor.

Chairman Barron adjourns the meeting at 7:03pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary



_______________________________                 _____________________
Elmer W. "Butch" Barron III, Chairman                                   Date
Zoning Board of Adjustment