ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday – July 15, 2010
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, John David Aylard, Joanne Shompe, Joe Pitre and Paul Parker.
Town Staff Present: Town Planner Kathy Menici
Public Present: Catherine Natale, Jim Shannon, Mike Dent and Dave Mott
Chairman Barron called the meeting to order at 6:42pm.
Business Before the Board:
Review and approve the Meeting Minutes of 6-3-10:
Paul Parker motioned to accept the minutes of 6-3-10 as amended, 2nd John David Aylard. Motion carried with Joe Pitre abstaining.
- Other Business Before the Board: Butch asked if the members would be amendable to changing the time of the meeting to 7pm. Butch Barron motioned to change the meeting time to 7pm, 2nd Joe Pitre. Motion carried with all in favor.
New Cases:
- Application for Variance Approval By: Catherine Natale (Tax Map R29, Lot 12-4); To allow for a 576 sq. ft. structure to house a small scale retail store. In the Agricultural Residential (AR) Zoning District. Parcel is located at 576 Ten Rod Road.
Butch explained this application is for a Variance from Section 2.00 of the Farmington Zoning Ordinance to allow a residential and commercial use on a single parcel. Paul Parker recused himself from the application.
Attorney Jim Shannon described the parcel as 64 plus acres on Ten Rod Road. They are proposing an additional building to house the retail store and enlarge the driveway and create a small parking lot for four vehicles. The zoning ordinance allows the both a mixed residential and small scale retail but it does not allow the mixed use which is why they are requesting a variance at this time. The proposed retail store will sell convenience store-type items as well as gardening, pet and fishing supplies. Hours of operation are expected to be 5:30am to 10:30pm and the owner proposes to employ up to three people. Mr. Shannon explained that they would not like the approval tied to the 576sq. ft. but the limit of the Zoning Ordinance of 2500sq.ft. for a small scale retail store. Butch
asked if there is plans to create a larger store than the 576sq. ft. and Mr. Shannon replied no, but the applicant might decide to put a small greenhouse on the lot so she can grown her own plants.
The Board reviewed the application. John asked if they could subdivide the property and it was noted that there is not enough frontage on the lot to subdivide. Butch asked Paul Parker if he recalled why the Planning Board chose to not allow a mixed use in the AR and Paul replied he could not recall the reasoning but the Planning Board did discuss allowing farmers to sell their crops on their lots. Butch informed the applicant of their right to a full board and the applicant agreed to waive this right and proceed with the application.
Butch asked if the applicant would be selling fertilizer or other chemical materials on site and Ms. Natale replied no, she has pets and would not doing anything to harm the environment or her pets. Butch stated the applicant should be mindful to not have pallets of fertilizer or rock salt and such on site. John asked how the applicant will advertise her business and Ms. Natale replied she will have a sign. Mr. Shannon stated the proposed building will look like a garage.
Kathy informed the Board that the variance will follow the land. The Board discussed the application and agreed the applicant met the requirements for the variance. Butch asked the Board if they wanted to apply any restrictions to the variance. Joanne stated that she feels the hours of operation are a little excessive for a residential area. Butch opened the hearing for public comment. Mike Dent, of 584 Ten Rod Road, (abutter) questioned what direction the vehicles will be entering the lot in and Ms. Natale replied that the parking spaces are proposed to be in the same parking area she has presently. Mr. Dent stated that he would not mind the small store in his neighborhood.
Butch closed the public hearing. The Board discussed that they feel the hours of operation need to be addressed and decided that 7am to 9pm would be more agreeable to the residential area.
Butch Barron motioned to grant the application for a Variance by Catherine Natale for Tax Map R29, Lot 12-4 and limit the hours of operation from 7am to 9pm though this does not restrict the planning board from further restricting the hours, 2nd Joe Pitre. Motion carried with all in favor.
- Kathy informed the Board that she located a copy of the ZBAs By-laws and provided each member with a copy. It was noted that the meeting time will need to be changed to 7pm and she will make that change.
Joe Pitre motioned to adjourn, 2nd John David Aylard. Motion carried with all in favor at 7:43pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
______________________________ _____________________
Elmer W. "Butch" Barron III, Chairman Date
Zoning Board of Adjustment
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