ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday – June 4, 2009
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Joe Pitre, Joanne Shomphe and Paul Parker.
Members Excused: John David Aylard
Town Staff Present: Director of Planning and Community Development, Daniel Merhalski
Public Present: Andy Tobin
Chairman Barron called the meeting to order at 6:47pm.
Business Before the Board:
Chairman Barron seated Paul Parker for Randy Orvis and Joanne Shomphe in the vacant seat.
Review and approve the Meeting Minutes of 5-7-09:
Chairman Barron asked for an explanation of the red type on the draft minutes and Dan explained that the red type is his suggested amendments to the Board. Butch noted that he was not in favor of having them amended prior to the Board reviewing them.
Joe Pitre motioned to accept the minutes of 5-7-09 as presented in black without the red type, 2nd Paul Parker. Joe Pitre amended his motioned to accept the 5-7-09 minutes as amended by the red type except for the change in the motion, Paul Parker accepted the amendment. Motion carried.
Continued Cases:
None.
New Cases:
Application for Use Variance (Section 4.01) By: North and South Investors, LLC (Tax Map R-20, Lot 1-2) To construct a 1,250 sq. ft. addition to the existing office building within the Aquifer Protection Overlay District (Section 4.01); Property is located at 27 Main Street in the (CB) Commercial Business Zoning District.
Paul Parker recused himself from the application because it is going back to the Planning Board of which he is Chairman. Chairman Barron then asked the applicant if he is comfortable with proceeding without a full board and Mr. Tobin replied yes.
Dan informed the Board that this parcel has been before the Planning Board three times and it was overlooked the first two times that they do not have a permitted use within the Overlay District and therefore a prohibited use according to Town Counsel. Dan noted that the Overlay District regulation supercedes the Commercial Business (CB) District regulations and that it was not the intent of the Planning Board to limit this type of business. He also stated that the Planning Board will be reviewing the ordinances and has continued this application contingent upon awaiting a decision by this Board. Butch indicated that he was not sure a Use Variance was needed because the CB allows the use and the Overlay District can not restrict the underlying zone, nor should it take anything away from it. The
Board decided to proceed on the application per Legal opinion.
The Board reviewed the application for the Use Variance and agreed that the application satisfied all five questions on the application satisfactorily. Mr. Tobin informed the Board that when the site was originally designed this expansion was planned for in terms of the parking lot, detention basins and septic. He also stated that the Conservation Commission voted to write a letter in favor of the project.
Joe Pitre moved to grant the Use Variance from Section 4.01 of the Farmington Town Zoning Ordinances for North and South Investors, LLC (Tax Map R-20, Lot 1-2), 2nd Joanne Shomphe. Motion carried.
Joe Pitre motioned to adjourn, 2nd Joanne Shomphe. Motion carried with all in favor.
Chairman Barron adjourned the meeting at 7:27pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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