TOWN OF FARMINGTON
ZONING BOARD OF ADJUSTMENT
Meeting Minutes
Thursday, February 4, 2010
356 Main Street, Farmington, NH
Board Members Present: Butch Barron, Joe Pitre, Paul Parker and John David Aylard
Board Members Absent: Joanne Shomphe
Town Staff Present: Director of Planning and Community Development Kathy Menici.
Public Present: Maria Dolder, Frank Monteiro and Randy Orvis
PUBLIC HEARING
At 6:30pm, Chairman Butch Barron opened the meeting.
BUSINESS BEFORE THE BOARD:
- Review and Approve Meeting Minutes of 1-07-2010
John David Aylard motioned to accept the minutes of 1-07-2010 as amended, 2nd Joe Pitre. Motion carried with all in favor.
- Review Changes to ZBA Variance Application
Kathy explained that she went on to the OEP website today to see if they had posted any changes and there was a draft application posted that was a little different than the one she gave the Board already. The Board reviewed both applications and felt the original application drafted by Kathy was more than appropriate to fit their needs. Paul Parker motioned to accept the draft changes to the Use and Area Variance applications as presented tonight, 2nd Joe Pitre. Motion carried with all in favor.
CONTINUED CASES:
NONE
NEW CASES:
- Application for a Variance Approval by: Irving Oil Corporation. (Tax Map R20, Lot 33 & 34): To allow for the redevelopment of the site and continue the retail sale of gasoline, in the Commercial Business (CB) Zoning District. Parcel is located at 449 NH Route 11.
Paul Parker recused himself from the application noting the application will be heard at the Planning Board of which he is chair. Butch informed the applicant of their right to a full board and the applicant waived the right and decided to move forward with the application.
Frank Montiero of MHP Design Consultants, Inc, gave a summary of the project. Irving Oil is proposing to remove the present facility and construct a new, modern Circle K Convenience store and gas station with a new canopy and five dispenser islands. They are proposing two full access driveways; one on Rte. 11 and the other on Rte. 153. After preliminary discussions with the Planning Board they will make some plan changes to re-position the underground tanks and two handi-capped parking spaces. They also have plans to address the traffic safety concerns of the area.
Maria Dolder, attorney for Irving Oil, explained that they are requesting three variances in all tonight. The first variance request is from Article 4.01(D) (2) – to permit storage of petroleum products in the Aquifer Protection District where such storage is prohibited. Their arguments supporting the variance is that; 1. the lot is already a non-conforming use, 2. The storage is allowed in the underlying zone, 3. The Planning Board has put forth a proposed ordinance amendment that if it passes the use will be allowed, 4. the project would argueably increase the value and safety of the area and 5. Granting the variance will allow the applicant to install greater groundwater safety measures on the premises.
The Board reviewed the application in its entirety and were in agreement that the application met all the requirements. Butch opened the public hearing and hearing no comment closed it. Joe Pitre motioned to grant the variance from Article 4.01D.(2) of the Zoning Ordinance to Irving Oil Corp. (Tax Map R20, Lot 33 & 34), 2nd John David Aylard. Motion carried with all in favor.
Ms. Dolder then explained they would like to request a second variance form Article 4.01D (14) to allow the impervious area to exceed 10%. The proposal for the redevelopment of the existing site (R20, Lot 34) and development of the adjacent lot (R20, lot 33) results in a combined impervious area of 59.9%. The Planning Board has proposed a zoning amendment for the 2010 town meeting that will allow an impervious area up to 60% of the parcel area if “engineering designs and drainage calculations provide for sufficient treatment and recharge to render the post development condition of the site to be the same as, or better than, the existing conditions of the site.” She added that the same arguments for the first variance would apply to this
application as well.
The Board reviewed the application in its entirety and agreed it met all the requirements. (Planning Board Chairman) noted they would have to follow these practices. Butch opened the public hearing and hearing no comments closed the public hearing. Joe Pitre motioned to grant the variance from Article 4.01D (14) to Irving Oil Corp, 2nd John David Aylard. Motion carried with all in favor.
Ms. Dolder presented the third variance request for Irving Oil Corp from Section 3.09(C). She explained granting this variance would not diminish the surrounding properties because it would continue but not increase the already existing signage and non-conforming use. The Board reviewed the application and noted that there is at least the same amount of signage on the premises now if not more so it would not be increasing the non-conformity. Butch opened the public hearing and then closed it because there were no comments. Joe Pitre motioned to grant the variance from Section 3.09 (c), 2nd John David Aylard. Motion carried with all in favor.
- Application for Special Exception Approval By: David Haycock (Tax Map R47, Lot 5): To allow for a Logging/Tree Service Company on the property, in the Urban Residential (UR) Zoning District. Parcel is located at 96 Bunker Street.
Paul Parker continued to recuse himself. Randy Orvis of Geometres Blue Hills, LLC, presented the application on behalf of David Haycock. He stated that he understood the applicant has the right to a full board and they are willing to waive that right and move forward. Mr.Orvis then explained they are requesting permission to operate a logging/tree service on his lot. He provided photos of the site that depicted the business is not readily seen and can easily be screened from the public. He added that many of the other allowed uses for the area have a much larger potential for traffic impacts.
Butch commented that with the proposed hours of operation he is concerned with the potential of large trucks coming and going during school commutes. Mr. Orvis replied that they would be amendable to limiting the traffic of large trucks and equipment to not school commute hours and any other conditions the Board sees fit. Butch opened the public hearing and because there were no comments he closed it.
John asked if any complaints have been received on the business since it has been operating for many months. Kathy replied she knows of two complaints; one for noise of the vehicles and one for lost of tenant because of traffic from business.
Butch Barron motioned to grant the Special Exception for David Haycock (Tax Map R47, Lot 5) to allow a logging/tree service company with the following conditions; 1. No operation of commercial vehicles to or from the site between 7:15am and 8am and 2:30pm and 3:30pm when school is in session (the intent is not to limit to only these hours and the Planning Board can expand on these hours if appropriate but they may not lessen the requirement), 2. Hours of operation for said business is Monday through Saturday (no Sundays) and 3. No wood processing/storage on-site., 2nd John David Aylard. Motion carried with all in favor.
At 8:34pm, John David Aylard motioned to adjourn, 2nd Joe Pitre. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Elmer “Butch” Barron
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