PLANNING BOARD MEETING
TUESDAY, FEBRUARY 11, 2003
41 South Main Street
Members Present: Jim Horgan, Hiram Watson, Troy Robidas, Brad Anderson, Charlie King, Marty Chagnon,
Gerald White, Ann Alexander
Selectmen's Rep: called in to be absent
Staff Present: Paul Charron and Fran Osborne
Public Present: Jane & John Wingate, Margaret Russell, Matt Scruton, Joyce White, Craig Lancey, Don
Rhodes (Norway Plains Surveying & Engineering), Packy Campbell (RSA Development),
Attorney Malcolm McNeill for RSA Development, David & Dean Grondin, Chris Berry
(Berry Surveying & Engineering), Bradley Wingate, Fern Perkins, Ben Locke, Nick
Manzaro (SRPC), Dave DeJager and others not signed in
· Chairman Horgan called the meeting to order at 7:00 p. m. Minutes of January 28, 2003 were reviewed. Marty Chagnon motioned approval, Brad 2nd, and amended as below after discussion, all in agreement. Chairman asked for comments from the board. Jane Wingate passed out a letter of what she felt were errors in the minutes. Brad asked to set some standards for what is included in the minutes
Page 4 - Brad asked that his motion be corrected to read after Cluster Regulations to the Zoning Ordinance subcommittee where Planner Mike Garrepy can work to review and to make it part…..
Page 7 - Jane Wingate asked to have her comment changed to include after kids, etc. to not do this is unconscionable.
Page 7 - Margaret - stated she did not say what is recorded. Her statement is corrected as follows: I think your Rules of Procedure state every other meeting should be a workshop meeting. The applicant could bring plans in before you actually have a meeting so you can review them appropriately. Strike out Why can't the applicant provide packets for each member beforehand?
Page 8 - Strike out last sentence Brad explained to allow development consistent with what is already there.
Chairman seated Charlie King & Ann Alexander for Norm Russell and John Fitch.
· Review Notice of Decision dated August 27, 2003 and revised plans for Craig Lancey at 53 Glen St. Applicant presented revised plans for 53 Glen St. which now consists of a 4-unit apartment building and the existing building. He has removed the 3-unit building. CEO Paul Charron said the 11 reasons for denying the previous plans are now not relevant to this plan. The drainage and other notes if approved by the PB would be stamped by the engineer before the mylar is signed by PB chairman. CEO feels items are covered. There is also less of an intensive use now. No slope is now created because of the change. The
Conservation Commission wetlands designation is not an issue because of where the buildings are now located. There may be 3 bedrooms in total by use of a basement bedroom which may be added. Four new plans represent and take care of reasons for denial. They are now in compliance with the Site Review Regulations. Parking space dimensions are 9' x 18'. Discussion on the entrance being too narrow. Craig and CEO discussed an apple tree which is a good buffer and Craig really does not want to remove this tree as it is aesthetically pleasing to the lot.
CEO - there are now only 8 parking spaces and this tree may possibly not need to be removed. Discussion on this. The wetlands do not impact building of the parking lot.
Brad - is this going to be approved based on this plan? Can he add more units in the future?
Paul Charron CEO - the open space could not be used.
Craig Lancey showed the open space designation on the plan to the board. Craig said the CC objected to us using the wetlands as open space at one of their meetings on this subject.
Brad - will notes be on final plan?
Craig Lancey - the parking lot as it is presented, shows the removal of the apple tree. You the PB should articulate if you want the apple tree to stay where it is. I would not be objectionable to reducing the parking lot entrance.
Paul Charron CEO - all other notes on the plan are from the list of items given Craig Lancey for completion.
Planning Board Meeting February 11, 2003 (continued) Page 2
Craig Lancey - the plan is now limited to a 4-unit building and an existing home. I don't want to restrict my options in the future.
Item #9 - width of access entrance to parking spaces (9'x18') was discussed with the board. All other items have been addressed.
CEO Paul Charron - schedule a Public Hearing with notice to the paper and abutters per the court asking us to schedule the public hearing as soon as possible.
Charlie King - this plan is to be revised per this conceptual plan presented by Craig Lancey. He will present a final plan for the public hearing on February 25, 2003.
Troy Robidas made a motion to accept the plan with all 11 items noted on the plan with the exception of Item #9 (designate the number of feet on the plan for 2/25/03). Plan is to be signed by the engineer with pertinent notes. Please eliminate handwritten notes. Brad abstained, Gerry abstained, motion carries.
· Resource Plan for David DeJager d/b/a D. J. Trust for 6-lot subdivision on Garfield St. (Tax Map U6, Lot 62). Mr. DeJager had presented plans to the CEO for review and presented these plans to the PB for this meeting (3 pages). CEO Paul Charron also made a checklist for completion of needed items (15). Paul said this was taken out of the Zoning Ordinance. He read the list of what is needed (see attached). He said the PB has assessed impacts at previous meetings. Lot #4 is the only lot to be considered for the resource plan. The Notice of Decision with conditions was presented.
Chairman Horgan suggested a motion to approve with conditions as brought up.
Brad - one of the things that was discussed was changing the shape of the original planned lots and consideration of alternative shaped lots.
CEO Paul Charron said this had been considered at previous PB meetings. The resources are at the top of the hill thus the houses are at the bottom of the hill because this was the area asked to be preserved. The open space also designated where the homes were to be located.
Brad - I feel the submission of the subdivision plan could have been designed better. I'll just abstain from voting.
Ann Alexander made motion to accept the resource plan as presented, Brad and Jim abstained, motion carried.
· Cluster Development Review Application continuation by RSA Development, LLC for Dick Dame Lane (Tax Map R34, Lot 1-8 and U9, Lots 18 & 19). Public Hearing started at 7:55 p. m. Marty Chagnon and Ann Alexander are recused from this hearing.
Chairman Horgan - we are here to discuss business and to stick to issues and not personality clashes.
CEO - we need to summarize where we are and what needs to happen. I reviewed the application and material received so far. We have 18 pages of plans showing driveways, roads, lots, etc., impact studies, condo documents, agreement with Farmington Ridge MHP, etc. We are waiting for State Wetland and DOT permits which could be included in conditional approval. The bond, easement agreement with Farmington Ridge MHP may need to be discussed.
Attorney Malcolm McNeill - Mr. Rhodes and myself are here and I see little has changed since our last meeting. We had discussion last time about what was to be completed. There were no concerns raised about the Cluster Plan presented last meeting, and nothing on the Condo documents from your legal counsel one way or the other. In the interim we have gone to court (February 6, 2003) on the ZBA vs. PB suit. The Special Use Permit was granted in good faith. I have prepared what I thought was a list of conditions of approval. If you do not have a planner, these are issues I see:
State permits are outstanding
Municipal sewer permit is needed.
The condo documents are being gone over by Town legal counsel
Access easement for emergency vehicles to be approved by legal counsel for Farmington Ridge MHP.
Bonding is being looked at. My understanding was this was to be done by the selectmen.
Planning Board Meeting February 11, 2003 (continued) Page 3
Phasing - the applicant is willing to do that. The project can't be built out in the 1st year so the 1st year
Phase will include 38 units, 2nd phase 22 units.
These are the issues to be resolved through CEO or administratively. As long as the Special Use Permit is in court, it doesn't really affect what we are doing here with the PB. I'm asking for conditional approval or make us a list of what is needed. In my discussions with your lawyer I thought we'd be more advanced in the process. I thought we were beyond that. Every time I'm here prolongs the process. I have talked with your legal counsel. Consider or put us on a track where we know what your intentions are.
Brad - the minimum lot size is an issue - I'm not sure it's resolved. What constitutes a lot? I'm interested in what legal counsel says on this. This is a core issue to this whole application. I would recommend we review the PB minutes and come up with a final list for conditional approval plus the ZBA vs. PB court suit is not resolved and is still awaiting the judge's decision. We also need to get a legal opinion on the "lot size."
CEO - lot designation. The limited common areas would not create lots according to legal counsel.
Troy Robidas - a licensed engineer can oversee the project to see that elevations are being properly followed as well as road construction within the development.
CEO - this is allowed under the regulations. The applicant and engineer have objected to this.
Hiram - asked about infrastructure improvements being bonded.
Charlie King - if this is a 2-phase project how does this affect the road to the project and completing the infra road structures.
CEO - the Selectmen approve bonds for this purpose.
Attorney McNeill - the limited common area is a common process your legal counsel is familiar with. With regard to an engineer oversight, Mr. Rhodes is a licensed engineer and his license dictates his work as a licensed engineer. Is Mr. Campbell being chosen uniquely, or is this a common practice? There will be oversight. I agree you have that authority but apply this in a fair manner to all applicants. I think a laundry list is great. On the Phasing issue - the road is included there. The bond is controlled with building permits being issued. You have the weapons - building permits, bond, etc.
Charlie - make sure we have bond timing.
Attorney McNeill - we will do bond a year at a time.
Chairman Horgan - list reflects last meeting, the board would not be doing the wrong thing to continue this meeting for legal counsel opinions. The list is complete.
Attorney McNeill - the ZBA case has nothing to do with this process here. There is no "stay" from the court regarding us being here. You have made your decision issuing the Special Use Permit. The only thing here is, did you act appropriately on this case?
Jane Wingate - discussion on issuance of Special Use Permit and CEO's interpretation and his reasoning.
Chairman Horgan - I think we should leave that alone. We are able to give conditional approval.
Margaret Russell - asked about the "footprint". Get opinion from the legal counsel if he can do what he is planning. Several meetings ago you requested an opinion from legal counsel. Isn't this premature to granting this conditional? Also the court thing is still an issue.
Ben Locke - the only reason we are having this discussion tonight is because the ZBA wasn't listened to. At the last meeting I raised concern about this development relating to traffic, impact on my house, etc. I have not been contacted and will be impacted by this development. You are being forced through the process and not proceeding properly.
Margaret Russell - discussion about the Special Use Permit being granted and that he needed a variance as suggested by the CEO. Packy didn't challenge this. The ZBA denied the variance, then he went back to the PB. There were 2 variances applied for with the Special Use Permit being granted by the PB in between these 2 variances. Public portion closed
Attorney McNeill - the Special Use Permit has been granted. The court will decide the issue. We're not enjoined from going forward. If you had a professional planner we could go forward. I hoped the court would render a quick decision, they didn't. If you have internal issues, let us know now.
Ben Locke - the road could possibly be moved 25 or 30' to the west.
Planning Board Meeting February 11, 2003 (continued) Page 4
Brad - I agree with these people. We should be giving them a finite list. I propose we collectively make up a list at workshop session, go through the list and get it to the applicant. I know we are under the clock. I think conditional approval is premature. There is public input. Conditional approvals are not the best avenue and whether public comments have been resolved is questionable. Get "lot" definition from lawyer.
Charlie - I agree with Brad. Give a proper list to the applicant to resolve issues.
Chairman Horgan to CEO - give discrepancies from last meeting.
(1) No legend or detail to offer explanation
(2) No details on electric utilities
(3) Farmington Ridge MHP easement agreement
(4) Setbacks of homes
(5) Sidewalk along Elm St.
(6) Bonding
Brad - motion to review Planning Board minutes and create a list of open issues for the applicant to be reviewed at a workshop meeting, Troy 2nd with amendment to schedule a special meeting to come up with this punch list on February 18, 2003 at 7:00 p.m., Jim abstained, motion carried.
Attorney McNeill - can I presume you will get me a list of what you come up with. When will the next public hearing be?
Brad motioned to continue this public hearing for RSA Development, LLC for March 11, 2003, Hiram 2nd, motion carried.
Motion by Brad to recess at 8:50 p.m., meeting reconvened at 9:00 p. m.
· Subdivision Review Application by Bradley Wingate for 4-lot subdivision on Meaderboro Rd./Poor Farm Rd. (Tax Map R24, Lot 2). Chris Berry is here from Berry Surveying & Engineering and representing Bradley Wingate. He presented 6 updated plans for the board's review. He is proposing to make 3 new lots from the existing lot which will now be reduced. The new lots meet Zoning Ordinance requirements. Lot 2-3 showing wetlands line does not have the finishing line - there is now a 100' line from the home.
CEO - N. H. Soils did the soils survey study on the wetlands and they have included an updated report to reflect the changes on the plans presented.
Hiram - was it discussed about opening the Old Meaderboro Road?
CEO - driveways and locations of same was discussed as well as the percentage of slope off the existing Meaderboro Road. CEO talked with Clark Hackett and also talked with somebody from Berry Surveying & Engineering. These driveways would have to be designed in a specific way to prevent drainage problems.
Hiram - asked about test pit 2.
Charlie - what is existing on the right-of-way on Meaderboro Rd. Shouldn't we be asking for passage over that?
Chris Berry - there is 66' wall to wall road width which is sufficient.
Charlie - questioned the utility right-of-way for service poles.
Hiram - there is a 250' road frontage which should be sufficient to allow this to be done.
Chris Berry - driveway access on lot 2-3 is because of slope.
Marty Chagnon - wetlands line. Only the front is delineated which is the drier area. We were not looking to develop the rear area. The stream goes northwest from the property. Contours (topos) are on the 2nd sheet.
Charlie - what about uplands area?
CEO - there is a 100' setback on wetlands.
Chris Berry - your regulation requires this for poorly drained soils or where there is a perennial stream.
Brad - driveway slope - see that pavement to setback does not exceed 13%?
Chris Berry - I can provide that.
Brad - I think you need to do that. He referred to Section 3.12E of the Zoning Ordinance - Steep Slope Conservation.
CEO - Clark Hackett suggested driveways be completed prior to sale of lots so that work would be properly completed.
Planning Board Meeting February 11, 2003 (continued) Page 5
Brad - questioned the dirt road and scattered and premature constraint. How do we regard this?
Ann Alexander - what is this land used for now? How much grassy area around homes is planned?
Chris Berry - it is wooded?
Bradley Wingate - we will take out the minimum trees only.
Charlie - lot 2-3 - the house and leach field looks like about 15'.
Chris Berry - they know future test pits for a relocation of septic system is required.
Brad - is the application complete? CEO - it appears to be.
Charlie - questioned the Old Meaderboro Road and whether it can be used by landowners. CEO explained the town may have advocated its responsibility. What about future development of back lots?
Chris Berry - this piece of land cannot be developed later because of extensive wet areas.
Brad - I'm uneasy about the through way. This road comes out on Meaderboro Road. It goes through a swamp.
Hiram made a motion to accept the application as complete for Bradley Wingate, Marty Chagnon 2nd, all in agreement, motion carried.
Hiram - asked Brad for figures on driveway slope that it meets the ordinance requirement. Can we approve the plan conditionally?
Brad - details or design on driveway slopes as per Section 3.12 need to be addressed.
Brad made a motion to continue this subdivision review for Bradley Wingate to March 11, 2003 pending receipt of steep slope driveway design. Put statement on plan, Charlie 2nd, 1 abstention, motion carried.
CEO - Clark Hackett was concerned about the right-of-way.
· Site Review Application by David Grondin/D&D Builders, LLC for contractor custom/modular home building business and office at 530A Rte. 11. David Grondin presented 12 sets of his application & plans for the board's review. He explained he wants to do the same thing as Charles Brown had previously done on this property with selling modular homes. He presented the 1988 approved plans for Charles Brown. He wants to put up 2, possibly 3 model modular homes. There is a home existing on the property plus an auction barn there now.
Ann Alexander - you are reselling these homes? Dave Grondin - yes. Are they available to walk through?
David Grondin - yes. They would be on display about 1 year as they become messed up after that amount of time and newer models will be placed in their place. Homes will be a 28'x48' ranch, a 28'x36' cape and maybe a colonial.
Charlie King - are you manufacturing homes on this site.
David Grondin - no. They are made in Maine. We might stock parts at the barn there now.
Brad - what about existing buildings?
David Grondin - I'm not planning on using it, I'll probably rent the home. There are 6 total acres. It is pretty clear cut. Map R14 Lot 16 is Charles Brown's residence property.
Ann Alexander - discussed the snow mobile trail.
Troy Robidas - how will homes be set up?
David Grondin - they will be set and have fake looking basement around the homes with landscaping.
CEO - he provided a complete package as well as 12 complete packages for the board.
Brad - asked about selling landscape trailers.
David Grondin - Mr. Brown wants to be able to do this for 2 years. Homes will be locked and shown by appointment only. I would like to put a sign out like the Raccoon Realty sign and possibly use that sign.
Troy - there are sign regulations on Rte. 11. Check Zoning Ordinance and with CEO.
Chairman - signage, lighting, access, drainage are concerns. Do we need to be concerned? Discussion.
Brad - questioned lighting.
Brad - I motion we accept the application as complete, Ann 2nd, all in favor, motion carried.
Brad asked CEO if there was an issue about anything missing. CEO - no, not that he could see.
Planning Board Meeting February 11, 2003 (continued) Page 6
Lorraine Meyer - I'm an abutter and I think it is a great plan. She also asked about the "access' road off Rte. 11 and if anything were being done to extend it.
Chairman to CEO - is there information needed which is not on the plan. Drainage was dealt with.
Chairman - are there any problems with previous owner that need to be dealt with?
CEO - explained there were approvals on a similar plan approved back in 1988.
Public portion of the meeting was closed.
Troy Robidas made a motion to approve the plan as presented, Brad 2nd, chairman abstained, motion
carried.
· With no further business to discuss, Marty Chagnon made a motion to adjourn at 9:45 p.m., Troy 2nd, motion carried.
APPROVED
_________________________________ ___________________
James Horgan, Acting Chairman Date
Planning Board
Town of Farmington
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