ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday – January 8, 2009
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Barry Elliott, Joe Pitre, Paul Parker, Randy Orvis, Joanne Shompe and John David Aylard.
Town Staff Present: Director of Planning and Community Development, Daniel Merhalski
Public Present: Packy Campbell and Attorney Jim Shannon
Chairman Barron called the meeting to order at 6:30m and opened the public hearing.
Business Before the Board:
Review and approve the Meeting Minutes of 12-4-2008:
Barry Elliot motioned to approve the minutes of 12-4-08 as written, 2nd Joe Pitre. Motion carried with Joanne Shompe and Randy Orvis abstaining because they were absent.
Continued Cases:
None
New Cases:
Appeal from Administrative Decision By: RSA Development (Tax Map U-12, Lot #23; Appealing an Administrative Decision to Deny a Building Permit based on the Town’s Sewer Moratorium to allow issuance of a Building Permit for a single-family dwelling on the site.
Packy Campbell informed the Board that he feels he was unjustly denied a building permit at Ian’s Way. He provided the Board with copies of the Planning Board Decision that included town water and sewer connections and further stated that the Code Enforcement Officer (CEO) based his denial on the Board of Selectmen’s Sewer Moratorium. Butch stated that the ZBA cannot act on a decision made by the Selectmen because they do not have the authority to do so. Attorney Jim Shannon (Mr. Campbell’s attorney) stated that the ZBA cannot overrule an action of the Selectmen but it does allow overturn on a secondary level because the CEO’s decision was subject to interpretation of construction. Butch replied that this appeal is not on an interpretation of construction by the Selectmen.
Mr. Campbell explained that he is asking the Board to determine that his lot on Ian’s Way is not a new sewer connection but actually an existing lot of record with an approved sewer connection. He further noted that the lots on Ian’s Way could never get individual septics because they were designed to be on town water and sewer. Mr. Campbell then stated that the moratorium is not an ordinance in his opinion because it did not go through the proper steps to become an ordinance under RSA49.1 and he referred to the Selectmen’s minutes of 8-23-07. Then Mr. Campbell stated that the moratorium does not identify a duration or public safety or emergency concerns and that reliance upon the Planning Board’s approval of his site plan provided him with vested rights in his property.
Attorney Shannon added that interim ordinances are only legal for a year and this moratorium was approved 18 months ago. He then cited the 2005 case of Derring vs. the Town of Derring that determined a ZBA has the jurisdiction to override a CEO’s decision.
Butch explained that he does not feel the CEO had any choice but to deny the building permit because he has no choice on whether or not to follow the Board of Selectmen’s directives.
Barry Elliot motioned to deny the appeal from administrative decision by RSA Development (Tax Map U-12, Lot #23) due to lack of jurisdiction, 2nd Joe Pitre. Motion carried with all in favor.
Randy Orvis motioned to adjourn, 2nd John David Aylard. Motion carried with all in favor.
Chairman Barron adjourns the meeting at 7:12pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
_______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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