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Farmington ZBA grants reduced front setback for Spring Street lot
Summary
The Town of Farmington Zoning Board of Adjustment voted 5-0 on June 4 to grant Apex Land Solutions a variance reducing the front setback requirement on Tax Map U4, Lot 3 from 25 feet to a 10-foot minimum from the property line, with board members noting bank-protection concerns and a 30-day appeal period.
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The Town of Farmington Zoning Board of Adjustment voted 5-0 on June 4 to grant a variance allowing Apex Land Solutions, LLC to build closer to Spring Street on Tax Map U4, Lot 3 by reducing the required front setback from 25 feet to a 10-foot minimum from the property line.
Chairman John Scruton opened the public hearing and invited Ryan Heath, agent and partner at Apex Land Solutions, to present. Heath said the company bought the lot at a town auction, that a former residence and garage had been torn down and the site cleaned, and that a reduced setback would allow a new single-story, slab-on-grade house to be pulled away from a steep bank toward the pavement to reduce erosion risk. "We're asking for 15 feet of relief which would give us 10 ft. back from the setback," Heath said, describing a proposed ~1,080-square-foot, three-bedroom, two-bath ranch without a basement or garage.
Board members pressed for technical details. Heath estimated a vertical drop of roughly 25–30 feet from the top of slope to the river and said the horizontal distance from the top of slope to the river was on the order of 50–75 feet; he also said the lot runs about 360 feet in length and that sewer and water service are available but would require a forced main to a manhole at Dolan Street. Vice Chairman Larry Zampieri and others noted that many homes on Spring Street sit much closer to the right-of-way and said a house on the lot would limit dumping and informal parking.
Alternate Board Member Randy Orvis urged stronger protections for the top of the bank, saying the board should consider restrictions to keep activities (for example, raking or placing debris) away from the slope to reduce erosion. "You might want to think about restrictions keeping them from doing stuff within 5 ft. of the top of the bank," Orvis said. Chairman Scruton and other members treated Orvis's points as advisory; the board did not attach a formal condition limiting activity at the bank as part of the variance motion.
The board voted through the five required variance findings—public interest, spirit of the ordinance, substantial justice, property values, and unnecessary hardship—with motions by Chairman Scruton and seconds by Bob Morgan; each finding passed 5-0. The final motion (Scruton, second Zampieri) granted the variance to require a 10-foot minimum setback from the property line instead of 25 feet. Scruton noted that shoreland and wetland approvals are separate regulatory matters and reminded the applicant of the town's 30-day appeal window for zoning decisions.
Votes at a glance: the May 7, 2026 public minutes were approved earlier in the meeting (Motion: Bob Morgan; second: Jim Horgan; vote 4-0-1, Chair abstained). The variance for Tax Map U4, Lot 3 was granted (Motion: John Scruton; second: Larry Zampieri; vote 5-0).
The board closed the public hearing noting no public speakers and adjourned at 7:34 p.m. The applicant was advised to confirm required shoreland/wetland permits outside the ZBA process and to consider the board's guidance on protecting the riverbank.
