ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday - December 4, 2008
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott, Joe Pitre, Paul Parker and John David Aylard
Members Excused: Randy Orvis and Joanne Shompe
Town Staff Present: Director of Planning and Community Development, Daniel Merhalski
Public Present: Charlie Karcher, Bill Tsirois and Steve Edwards
Chairman Barron called the meeting to order at 6:32pm and opened the public hearing.
Business Before the Board:
Review and approve the Meeting Minutes of 11-6-2008: Barry Elliot motioned to approve the minutes of 11-6-2008 as written, 2nd Joe Pitre. Motion carried with all in favor.
Chairman Barron seated Paul Parker for Randy Orvis.
Dan provided the Board with a draft ZBA application checklist and fee schedule that he would like to include with all applications to make it easier for the applicants to know the requirements that the ZBA have in reviewing applications. The ZBA requested a note be place on the bottom of the application that informs the applicant that the application is available in PDF format online. Butch Barron motioned to accept the application requirements with the addition of the PDF format note being included, 2nd John David Aylard. Motion carried with all in favor.
Continued Cases:
None
New Cases:
Application for a Special Exception (Section 2.00 (D)) By: Linda Lecoq and Steve Edwards (Tax Map R-49, Lot #3); To allow for use of a portion of the parcel as a grocery store in the Industrial Business (IB) Zoning District. Parcel in located at 1063 and 1067 NH Route 11 in the IB Zoning District.
Barry noted that he may be in conflict because Mr. Edwards briefly discussed the project at his work place, plus Mr. Edwards frequently visits his business. Barry recused himself.
Butch asked how long ago the store was there and Mr. Edwards replied from 1990-1996 it was a store and he is looking to put it back in. The Board reviewed the application. The special exception would allow for a 14’ x 40’ store building, which is an 8’ extension of the currently approved building. The primary use of the building would be for a grocery/convenience store with a secondary use for take-out. Paul questioned if the traffic should be taken into consideration due to public safety and the fact that there are no sidewalks or parking indicated on the plan. Butch explained that if a plan is going on to site plan review with the Planning Board the ZBA has not historically concerned itself with these on-site issues. Joe and John both agreed with Butch’s
comments.
Paul asked for an explanation of the take-out plan of his business. Mr. Edwards responded he would like to have a grill with a fryolater to make burgers, fries and subs with no eating in facility and no take-out window, plus it would only be made to order items.
John asked what side the addition was added to and Mr. Edwards replied it was put on the back. John asked if the banking was disturbed in the area and Mr. Edwards explained that he did not disturb the banking it is at least 60’ away. He then presented the Board with letters from Stoney Ridge Environmental that stated he did not have an impact on the back slope or wetland area.
Butch asked if the entrances and exits are clearly marked and Mr. Edwards replied that they are not marked but that there are two entrances. John asked if the entrances meet or if there is a gravel area between them. Mr. Edwards explained that it was once all paved but in the last rain event a culvert was washed out and had to be replaced so there is a gravel area there which he plans to repave after all construction is done.
Paul asked if Mr. Edwards planned on selling beer and wine and he said yes with the appropriate licenses. Paul then asked what the current condition of the building is. Mr. Edwards explained that the outside walls are all complete except for the siding and the interior all needs to be done.
Dan commented that Paul would need to decide between rendering a decision on this board or the Planning Board on this application because he is currently sitting on the Planning Board with an application from this applicant for this project before that Board, and it could constitute a conflict of interest by deliberating on the current ZBA application. Paul recused himself from the discussion. Butch asked Paul if the planning board is currently working on rezoning Rte. 11. Paul said yes and they are potentially rezoning this particular area to be Commercial Business.
John Aylard motioned to accept the application for a Special Exception under Section 2.00 (D) by Linda Lecoq and Steve Edwards, Tax Map R-49, Lot 3, 2nd Joe Pitre. Discussion followed in which Butch opened the floor to public comment and there was none. Motion carried with all in favor.
· Application for a Use Variance By: Donnell and Jacqueline Howard (Tax Map R-6, Lot 210); From Article 2.01 “Agricultural Residential – Space and Bulk Standards and 4.04 “Waterfront Protection Overlay District”, of the Town of Farmington Zoning Ordinance; To permit construction of a single-family home in the Agricultural Residential (AR) Zoning District within the front setback and the Waterfront Protection Limited Development Zone. Parcel is located on Excalibur Road.
Paul Parker and Barry Elliot were reseated for this application.
Charlie Karcher from Norway Plains presented for the applicants. Dan explained that two variances are needed for this application; one is from the 50’ front setback and the other is from the waterfront overlay protection setback. Dan further explained that the ordinance is for limited development (section c) within 100’ of waterfront.
Butch questioned if the applicant has the right to rebuild because a camp was pre-existing. Mr. Karcher explained that the applicants torn down the camp this past summer after a series of microbursts damaged it. Dan explained that the applicants could rebuild the exact building but the Shoreland Protection Act would be triggered and they are not proposing the same building on the same location. Joe asked if they build the home according to the plans presented tonight would they be in accordance with all the state regulations. Mr. Karcher said the lot was designed to meet all state requirements.
The Board reviewed the application. Joe Pitre motioned to grant the Use Variance from Article 4.04”Waterfront Protection Overlay” to Donnell and Jacqueline Howard (Tax Map R-6, Lot 210), 2nd Barry Elliot. Discussion followed in which Dan informed the Board that the applicant could request a special use permit from the planning board that they would most likely meet the requirements listed in the Ordinance for a Special Permit. Motion carried with Paul Parker abstaining.
John Aylard motioned to grant the Area Variance from Article 2.01 “Agricultural Residential –Space and Bulk Standards” to Donnell and Jacqueline Howard (Tax Map R-6, Lot 210) as presented, 2nd Joe Pitre. Motion carried with all in favor.
· Other Business:
Barry stated that he is concerned with a member of the planning board sitting on the ZBA because he feels it is a bad precedent to set. Butch agreed and recalled that many of the seminars he has attended all shared this same opinion that the two boards should not be mixed. Dan stated that a legal opinion was requested for this question stating that if there was an application that was pending between both boards the member would have to choose which board to sit on and recuse himself from the other. Paul commented that there used to always be a liaison from the planning board on the ZBA and he does not see a problem with it but that he would review this further.
Barry Elliot motioned to adjourn, 2nd John Aylard. Motion carried with all in favor.
Chairman Barron adjourns the meeting at 7:33pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
_______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
| 
