ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
Thursday – October 7, 2010
356 Main Street - Farmington, NH
Members Present: Elmer W. "Butch" Barron III, John David Aylard, Joe Pitre, Joanne Shompe and Paul Parker.
Town Staff Present: Town Planner Kathy Menici
Public Present: Norman Arcand
Chairman Barron called the meeting to order at 7:02pm.
Business Before the Board:
Review and approve the Meeting Minutes of 8-5-10:
Paul noted that he felt the minutes were lacking in thorough information and felt they could have been more detailed. The Board reviewed the minutes and felt they were sufficient. Joe Pitre motioned to accept the minutes of 8-5-10 as amended, 2nd Butch Barron. Motion carried with Joanne Shompe abstaining because she was not present at the meeting discussed.
- Any Other Business Before the Board:
Paul asked if the Board is willing to accept the 2011 schedule as presented. John stated the July meeting should be moved because most people are on vacation the 4th of July week. Butch suggested scheduling the July meeting for July 14th and John suggested June 30th. John David Aylard motioned to change the July 7th meeting date to June 30th, 2nd Joe Pitre. Motion carried with all in favor.
Joe Pitre motioned to accept the 2011 meeting schedule as amended, 2nd John David Aylard. Motion carried with all in favor.
NEW 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.
Butch noted that the applicant has received a court decision. Mr. Arcand noted that the judge ruled the landowners split the land in dispute. Butch asked if there is a survey to show where the boundary pins are and Mr. Arcand explained there is not a new survey, just a pre-court survey that was completed. Kathy stated that the assessing office has the early survey but it does not appear to match the current depiction that the applicant supplied. Mr. Arcand explained that the shed was moved, which is why the picture does not appear the same. The abutter (owner of the lot abutting the Lot 53 where the boundary dispute was), stated that a retaining wall was built between the two lots and the picture presented is an accurate depiction of the parcel.
Butch asked what the frontage is on the Arcand property and Kathy explained it is 46.5 feet now. The setbacks for this property are 15 feet on the side and the pool in question is 21 feet in diameter. The pool meets the setback from the back of the property and the presented sidebacks are 13’ and 12”Paul stated he is having a difficult time proving there is a hardship on the property. Butch noted that the lot has a pre-approval and he sees a hardship because 2/3 of the property is taken up by setbacks and therefore the owner cannot reasonably use his property. The Board came to a consensus that a hardship does exist.
The Board then reviewed the rest of the application and found it to meet all the remaining requirements. Kathy informed the Board that there was never a building permit approved for the pool and deck and she would recommend that a permit be applied for.
Joe Pitre motioned to accept the Area Variance for Norman and Nancy Arcand (Tax Map U10, Lot 53) contingent upon the applicant filing for a building permit for the pool and deck and meeting all the necessary permitting conditions within 30 days, 2nd John David Aylard. Motion carried with all in favor.
John David Aylard motioned to adjourn, 2nd Joe Pitre. Motion carried with all in favor at 7:48pm.
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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