ZONING BOARD OF ADJUSTMENT MEETING
THURSDAY, FEBRUARY 6, 2003
41 SOUTH MAIN STREET
AGENDA
Old Business:
· Review and approve minutes of November 7, 2002 and December 5, 2002.
· Review Zoning Board of Adjustment vs. Planning Board court case.
New Business:
· Any other business to come before the board.
Paul Parker, Chairman
Zoning Board of Adjustment
Town of Farmington
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
THURSDAY, FEBRUARY 6, 2003
41 South Main Street
Members Present: Paul Parker, Gordon Grant, Margaret Russell
Staff Present: Fran Osborne
Public Present: None
· Chairman Parker called the meeting to order at 7:00 p. m. The minutes of November 7, 2002 were reviewed. Margaret motioned approval as presented, Paul 2nd, motion carried, Gordon Grant abstained. Minutes of December 5, 2002 were reviewed. Gordon motioned approval as presented, Margaret 2nd, all in agreement, motion carried.
· Chairman Parker passed out ZBA monthly schedule of meetings for 2003 to all board members.
· New Business:
(1) Letter of resignation from Gary Feroz received. Chairman Parker accepted his resignation with regret.
(2) A reminder the OSP Planning/Zoning conference will be April 12, 2003 at the N. H. Technical Institute.
(3) State Planning Newsletter was reviewed.
· Zoning Board of Adjustment vs. Planning Board, Town of Farmington court case.
Chairman Parker said February 6, 2003 will be the court hearing to dismiss the Hearing on the Merits for RSA Development, LLC.
Attorney Malcolm McNeill for RSA Development, LLC has a Motion to Intervene submitted to the court. Chairman Parker said the opinion of the ZBA Attorney Laura Spector is that the Planning Board suit is not valid, and that they overrode the ZBA decision and also granted the Special Use Permit when they shouldn't have. Ms. Spector feels the ZBA has a very good case. Chairman Parker stated Ms. Spector said the ZBA had done what they should to cover the issues in their decision. Fran gave Chairman all copies of legal correspondence on this case for review at this meeting. Members present were asked to review. Chairman Parker said he may or may not be called to testify in court, but he will be there for the hearing.
Margaret - discussion of Packy Campbell, RSA Development, LLC being at the Planning Board meeting January 28, 2003. Discussion on that meeting. The Zoning Ordinance amendments and Sexually Oriented Business Ordinance were discussed by those in attendance at the Planning Board Meetings. ZBA members Paul Parker and Margaret Russell were disappointed in the results of the final vote by the Planning Board.
Discussion followed on the RSA Development Motion to Intervene and issuance of the Special Use Permit. The Code Enforcement Officer determined RSA Development needed a variance. Mr. Campbell filed the variance, but did not appeal the decision for getting a Special Use Permit. The ZBA denied the issuance of the Special use Permit and variance. The Planning Board then overrode their decision and granted a Special Use Permit.
Zoning Board of Adjustment Meeting February 6, 2003 (continued) Page 2
Discussion followed on the Zoning Ordinance regarding Special Use Permits and wording of "shall not" and "on" the Kicking Horse Brook.
· With no further business to discuss, Gordon Grant made a motion to adjourn at 8:00 p. m., Margaret 2nd, motion carried.
APPROVED
_______________________________ ________________________
Paul Parker, Chairman Date
Zoning Board of Adjustment
Town of Farmington
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