ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday – August 5, 2010
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, John David Aylard, Joe Pitre and Paul Parker.
Members Excused: Joanne Shompe
Town Staff Present: Town Planner Kathy Menici
Public Present: Kathy Condon and Franklin Condon
Chairman Barron called the meeting to order at 7:02pm.
Business Before the Board:
Review and approve the Meeting Minutes of 6-15-10:
John David Aylard motioned to accept the minutes of 6-15-10 as amended, 2nd Joe Pitre. Motion carried with all in favor.
NEW CASES:
Application for Variance Approval By: Kathy & Franklin A. Condon (Tax Map U09, Lot 27-1): Application for Variance from Table 2.02B – Space and Bulk Standards – Suburban Residential District to allow an in-law apartment. In the Suburban Residential (SR) Zoning District. Parcel in located at 116 Elm Street.
Chairman Barron informed the applicants of their right to a full Board and Mr. and Mrs. Condon both agreed to proceed tonight with the four members tonight. The applicant would like to create an in-law apartment in their single family home. Chairman read a memo dated 7/28/10 from Dennis Roseberry in regards to this application that stated the location was cited in 2005 for the creation of the 2nd dwelling unit, in violation of Zoning and without proper approvals and permits. Paul asked the applicants why this application is coming forth at this time since the apartment was present in 2005. Mr. Condon replied that in 2005 the Code Enforcement Officer told him if he removed the stove from the second apartment he would sign off. Then when they had their home assessed last year because
they were trying to get another mortgage they were told they were in non-compliance and Dennis Roseberry came back to see them.
Chairman Barron reviewed the application. In this first question the application read that the second apartment will be for an in-law apartment and Mr. Condon added that they do not collect rent for this apartment and will not in the future. It was discussed that this is an allowed use in the zone if the criteria is met. Kathy informed the Board that in order for the Board to grant a variance under RSA674.33V (authority to grant a variance without a finding of hardship) the applicant needs to provide proof of a recognized physical disability, as well as proof that the single family home on the property cannot accommodate the recognized accessibility needs. Mrs. Condon stated that the bathroom is not handi-capped accessible which causes an issue and the in-law apartment has facilities to accommodate
a wheel chair.
Joe Pitre motioned to grant the variance under RSA 674:33.V and its provisions, 2nd Paul Parker. Discussion followed where Chairman Barron offered an amendment that stated the applicant needs to apply for an after-the-fact building permit and the related inspections within 60 days. Paul offered another amendment that stated the apartment needs to be reverted back to a garage or make arrangements with the Code Enforcement Officer when it is no longer needed as an in-law apartment for the applicant’s father. Joe accepted the amendment. Joe Pitre and Paul Parker accepted both amendments to the motion. Motion carried with all in favor.
Joe Pitre motioned to adjourn, 2nd John David Aylard. Motion carried with all in favor at 7:58pm.
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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