ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday – January 7, 2010
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, Joanne Shomphe, John David Aylard, Joe Pitre and Paul Parker.
Town Staff Present: Town Planner Kathy Menici and Code Enforcement Officer Dennis Roseberry.
Public Present: Norman Arcand, David Haycock, Randy Orvis and Ms. Frost.
Chairman Barron called the meeting to order.
Business Before the Board:
Chairman Barron seated Joanne Shomphe for Randy Orvis and Paul Parker for Gerry McCarthy.
Review and approve the Meeting Minutes of 10-1-09:
Paul Parker motioned to accept the minutes of 10-1-09 as amended to reflect Joe Pitre was present and grammar change, 2nd Joe Pitre. Motion carried.
Continued 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.
Chairman Barron informed the Board that a continuance was requested based on the premise that the court case was continued. Joe Pitre motioned to continue the application for an area variance by Norman and Nancy Arcand (Tax Map U10, Lot 53) to May 6, 2010, 2nd Joanne Shomphe. Motion carried with all in favor.
New Cases:
Application for Appeal from an Administrative Decision by: David Haycock (Tax Map R47, Lot 005): Determination that a logging/tree service company is not a Home Business. Parcel is located at 96 Bunker Street in the Urban Residential (UR) Zoning District.
Paul Parker recused himself from the discussion. Chairman Barron informed the applicant of his right to a full board and the applicant agreed to continue with the application. Randy Orvis of Geometres Blue Hills, LLC represented David Haycock in his application.
Mr. Orvis presented that the applicant would like to move forward with site review with the Planning Board but was told what he does as a logger and tree service is not considered a home business so they are seeking an appeal to that decision. Mr. Orvis argued that in NH loggers are generally home businesses because they leave their equipment on the job site and move it from site to site and not back to a home base. The only work they are proposing on the home lot is repairs to equipment. They are not proposing any wood processing or storage on the lot and a home business is an allowed use in the zone with review.
Butch commented that customarily a home business does not allow for additional employees and Randy replied that the ordinance does not say you can’t have employees it just says the person operating the business needs to reside in the home. The Board was in consensus there was some ambiguity here and moved on to the next question of whether or not the business would alter the residential character of the neighborhood. Mr. Orvis commented that the applicant would have to go to the Planning Board for site review and would definitely have to maintain the rural character with their requirements. Butch stated that he is not sure how this business would not alter the residential character with the additional traffic and trucks going to and from the property. He then added he does not feel the Code
Enforcement Officer, Dennis Roseberry made an error in his decision and a variance would probably be needed to proceed. Mr. Orvis disagreed stating he does not agree because it is a home business and he only has one additional employee with six sub-contractors. Butch asked Dennis for his opinion. Dennis explained that when he looks at a Home Business his concern is whether or not the business is recognizable from the street and if it is then it would alter the residential character of the neighborhood.
Butch reminded the Board that the ZBA’s responsibility is to decide if the Code Enforcement Officer’s decision was incorrect in that the proposed business does not meet the definition of a home business. He then opened the public hearing. Ms. Frost, abutter, commented that she feels the traffic generated each morning and evening is over and above the “normal” and the business does alter the neighborhood with it. Mr. Haycock explained that he has six guys come each morning (most carpool) and then they all get in one vehicle and drive to the job site because their equipment is generally on-site. The Board was in consensus that the business is too large to not alter the residential character and they believe Dennis made the correct decision.
Butch Barron motioned to not grant the appeal from the administrative decision for David Haycock (Tax Map R47, Lot 005) because a business of this size does not meet the definition of a home business, 2nd Joanne Shomphe. Motion carried.
Paul Parker rejoined the meeting.
Other Business to Come Before the Board
Kathy explained that the Board received a revised meeting calendar because the date for the May meeting was incorrect and should have been the 6th.
Kathy explained that new legislation passed last year and became effective on January 1, 2010 which prompted her to draft a revised variance application for the Board’s approval. The new legislation changed the criteria for a variance to five standard questions with a definition of unnecessary hardship. John noticed a grammar error on the application and Kathy will update the form. Joe Pitre motioned to accept the variance application as submitted with the amendment for the spelling change, 2nd Joanne Shomphe. Motion carried.
Paul Parker motioned to adjourn, 2nd John David Aylard. Motion carried with all in favor.
Chairman Barron adjourned the meeting.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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