ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday – October 1, 2009
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Joanne Shomphe, John David Aylard and Paul Parker.
Members Absent: Joe Pitre
Public Present: Norman Arcand, Del Vermette and Lisa Dimaro, Troy Dean and Donna Dean.
Chairman Barron called the meeting to order at 6:35pm.
Business Before the Board:
Chairman Barron seated Joanne Shomphe and Paul Parker in the vacant seats.
Review and approve the Meeting Minutes of 10-1-09:
John Aylard motioned to accept the minutes of 9-3-09 as presented, 2nd Joe Pitre. Motion carried.
Continued Cases:
None.
New Cases:
Application for an Area Variance Approval By: Norman and Nancy Arcand (Tax Map U10, Lot 53) To allow for a pool and deck to remain on the property, in the Urban Residential (UR) Zoning District. Parcel is located at 40 Mooney Street.
The Board reviewed the application. Paul asked for a brief description of the pool and Mr. Arcand explained it is an above ground pool that is metal with a liner and the deck is pressure treated wood. Paula questioned if a similar variance was given for this lot in September of 2004. Mr. Arcand explained that the previous owner received a variance allowing him to place a 2’ wider mobile home on the property than what was previously there. He then showed photos of the site prior to the new home and what it looks like now.
Butch stated that this is a continuation of a non-conforming use but he is not convinced that the pool and deck are make the use more non-conforming because the back side of the house is 4” from the boundary just like the house and garage. The pool does not extend further into the setback than the house and garage. Paul pointed out that the pool encroaches 4’ into the rear setback. Joe asked if there is anything in the rear lot and Butch replied that area is for the park and it cannot be built on.
Del Vermette and Lisa Dimaro of 52 Winter Street, stated that they feel the existing garage is 1 ½ feet on their property and that they are currently in court to establish this. They also pointed out inconsistencies in the measurements of the lots within several documents. Butch responded that he is familiar with the properties and deeds are like tax maps and not 100% accurate. He further added that the ZBA cannot pass judgement on where the lot lines are especially since there are multiple pins.
Troy and Donna Dean of 36 Mooney Street, claimed that the previous speakers should have identified that they are not the property owners of 52 Winter St. Ms. Dimaro identified herself as the owner’s daughter. The Deans continued to state that they are direct abutters to the Arcand property and have no issues with the pool and that the lot is kept impeccably clean and it looks 100% better since the original variance was granted.
Butch reiterated that the Board cannot become part of a land dispute and also cannot use the fact that there is litigation to base a decision on. At this point, they have to use the information in front of them and the tax maps to help render a decision. He then noted that he is not sure if the encroachment of the rear setback diminishes the value of the abutting property. Paul stated he feels the owner has reasonable use of the lot without the pool so a variance is not viable.
Butch Barron motioned to continue the application for an Area Variance by Norman and Nancy Arcan (Tax Map U10, Lot 53) to January 7, 2010 so the application can be considered pending the outcome of the lot line litigation, 2nd Joe Pitre. Motion carried.
John Aylard motioned to adjourn, 2nd Joanne Shomphe. Motion carried with all in favor.
Chairman Barron adjourned the meeting at 7:35pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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