TOWN OF FARMINGTON
ZONING BOARD OF ADJUSTMENT
Meeting Minutes
Thursday, March 4, 2010
356 Main Street, Farmington, NH
Board Members Present: Butch Barron, Joe Pitre Joanne Shompe and John David Aylard
Board Members Absent: Paul Parker
Town Staff Present: Director of Planning and Community Development Kathy Menici.
Public Present: Amanda Haynes
At 6:30pm, Chairman Butch Barron opened the meeting and seated Joanne Shompe in the vacant seat.
BUSINESS BEFORE THE BOARD:
- Review and Approve Meeting Minutes of 2-04-2010
Joe Pitre motioned to accept the minutes of 2-04-2010 as submitted, 2nd John David Aylard. Motion carried with all in favor.
CONTINUED CASES:
NONE
NEW CASES:
- Application for Special Exception Approval By: Hillside Enrichment, LLC/ Amanda Haynes (Tax Map R31, Lot 026): To allow for property to be used as a Licensed Daycare and a home residence, in the Commercial Industrial Business Overlay (CIBO) Zoning District. Parcel is located at 6 Main Street.
Amanda Haynes, co-owner and director of Hillside Enrichment, said they would like to move their present home child care business to what was previously known as Farmtown Barbeque. There would be no major construction besides a fence outside for a play yard and the kitchen would not be used it would be blocked off to daycare use. They would be leasing the property. Joe asked what type of fence would be installed and Ms. Haynes replied she is not sure yet but it would not be taller than six feet and the positioning of the fence would be determined by the NH Child Care Licensing Bureau. Kathy stated that daycare is an allowed use and the purpose of this meeting is for a special exception to have a residential use on the second floor so they can maintain their home
daycare license. Butch asked what is upstairs currently and it was explained that there is a pre-existing apartment there though it is unsure of its approved status.
Butch asked how the apartment upstairs is accessed and Ms. Haynes explained that it has a separate entrance. Butch then asked who would be living in the apartment and Ms. Haynes explained that she would most likely be living there but if not it would be her business partner Matt. Kathy explained that if the Board grants the Special Exception then it runs with the land and not the business. Butch asked if the ZBA can stipulate the Special Exception goes with the business and Kathy explained that she is only aware of being able to set stipulates under a variance associated with a physical need of a person such as a ramp.
Butch reviewed the requirements of granting a Special Exception that states the Board needs to ensure the proposed use is consistent in character with other uses allowed within the CB District and listed in the Table of Permitted Uses as P or PR and is consistent with the purpose of said district. A residence is an allowed use with a Special Exception. Butch commented that a residence seems to also be acceptable because it is allowed by Special Exception even though it is not in the Table of Permitted Uses as a Permitted or Permitted with Review. Kathy interjected that there would be a mixed use of the property with the primary use of the child care business being permitted. Kathy then stated that the Board could set the stipulation that the owner or director of the
business needs to be in the residence.
Joe Pitre motioned to grant the Special Exception to allow the property to be used as a Licensed Daycare and home residence (Tax Map R31, Lot 026) with the stipulation that the owner of the business be the only allowable occupant of the residence, 2nd Joanne Shompe. Discussion: The Board strongly recommended that the fenced in area not be constructed on the Rte. 11 roadside or front of the building along with the unloading or loading of business not be along the road as well. Motion carried with all in favor.
At 7:17pm, John David Aylard motioned to adjourn, 2nd Joanne Shompe. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Elmer “Butch” Barron
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