PLANNING BOARD MEETING
TUESDAY, APRIL 8, 2003
41 South Main Street
Members Present: Jim Horgan, Hiram Watson, Charlie King, Bill Tsiros, Gerald White, Ann Alexander
Selectmens Rep: Barry Elliott
Staff Present: Paul Charron and Fran Osborne
Public Present: Randy Orvis (Orvis & Drew Surveying), Bob Leary, Nelzina Leary, Debbie Leary,
Attorney Richard Marsh, Chris Berry (Berry Surveying & Engineering), Dan Cutter, Jr.,
John & Cheryl Huckins, Peter Demetin, Bernard & Pauline Baillargeon, Brad Anderson,
Terry DeMeritt, Attorney Malcolm McNeill, Attorney Jim Shannon, Don Rhodes (Norway
Plains Surveying & Engineering), Al & Nadeen Henderson
· Acting Chairman Jim Horgan brought the meeting to order at 7:10 p. m. He seated Charlie King for Troy Robidas, Bill Tsiros for Brad Anderson, Gerry White for vacant seat, Ann Alexander for Norm Russell.
· Election of Officers: Barry Elliott motioned to nominate Jim Horgan as Chairman (no other nominations), Charlie 2nd nomination, Hiram complimented Jim for doing a good job as acting chairman in Norm Russell's absence, Gerry White abstained, all in favor, motion carried. Bill Tsiros motioned to nominate Hiram Watson as Vice Chairman (no other nominations), Barry Elliott 2nd, motion carried. No secretary was nominated. Bill Tsiros made a motion to allow chairman to hold an election to elect a secretary at a later date, Hiram 2nd. Discussion. Barry Elliott - the secretary must be elected
vs. appointed, all in favor, motion carried.
· Planning Board Meeting/Workshop change of date and time from 2nd and 4th Tuesdays to 1st and 3rd Tuesdays at 7:00 p. m. Chairman Horgan informed those present the change of meetings was to allow the contracted Planner (Mike Garrepy) to be able to attend PB meetings, which would enable the board to process applicant's requests with the planner present. Barry Elliott motioned to change Planning Board meeting/workshops from 2nd & 4th Tuesdays to 1st & 3rd Tuesdays, Gerry White 2nd, motion carried.
· Voluntary Merger David H. & Eileen M. Paluszek (Tax Map R45, Lot 9 & R45, Lot 10), 6 Morning Dove Lane. After discussion and location on tax maps was shown, Bill Tsiros made a motion to accept the Voluntary Merger as presented, Gerry White 2nd, all in favor, motion carried.
· Chairman Horgan asked board members to review the minutes of March 25, 2003. Bill Tsiros & Barry Elliott - motion to approve with the following amendments, Gerry White 2nd, all in favor, motion carried.
Page 3 - Line 6 - He questioned conflict of interest again. Change to - In the town's best interest,
there is a conflict of interest with Brad Anderson using town resources and equipment for
private use.
Page 1 - Barry Elliott (new Selectmen's Rep and Matthew Scruton Alternate Rep.)
Page 4 - line 16 - starts with Mike Garrepy - change to CEO - Mike Garrepy suggested staying
· CEO Paul Charron - Site Review Plan for Hawg's Pen (Scott White) Rte.11 - plans were reviewed by SEA Consulting and Mike Garrepy. They have recommended the Planning Board sign the plan. Bill Tsiros made motion that the PB should vote to have the chairman or vice chairman sign applicants plans in the absence of a full board after conditional approval, Hiram 2nd , discussion, motion carried.
· CEO Paul Charron - David DeJager would like to schedule a public hearing for a revision of his subdivision on Garfield St. (Tax Map U6, Lot 62). This is in regard to changes he is proposing to this subdivision from the March 25, 2003 Planning Board meeting. Would the Planning Board allow this to take
Planning Board Minutes April 8, 2003 (continued) Page 2
place? Chairman Horgan said David is confident he has everything in order and is presenting a new concept. Ann Alexander made a motion to schedule this for public hearing on April 22, 2003, Hiram 2nd, Barry Elliott abstained, motion carried. Hiram made motion to recess to 5 minutes at 7:25 p. m., Ann 2nd, meeting reconvened at 7:35 p. m.
· CEO - Paul Charron said the Planning Board has decided to have planner, Mike Garrepy, review all plans presented before the board. The Selectmen for all applications, the applicants will pay the fees for planner review by Mike Garrepy. Discussion followed on setting up fees for this process. Applicants before the board this evening were informed of this decision.
· Cluster Development Review Application continuation, RSA Development, LLC for Dick Dame Lane (Tax Map R34, Lot 1-8 & U9, Lots 18 & 19). Attorney Malcolm McNeill, Don Rhodes, Norway Plains Surveying and Attorney Jim Shannon are present to represent Packy Campbell. Mr. McNeill gave an overview for 2 new board members who were not present at last meeting. He explained he had asked for a 60-day extension on March 11, 2003 which will take them into mid May. Mr. McNeill thanked secretary for good minutes. A review of the 40+ items raised by the CEO and Mike Garrepy, Planner were grouped into 3 categories - legal, engineering and
Planning Board issues. He asked a decision be made on public access to the project. Attorney McNeill explained the 60-unit condo site with common open space would be owned by a Homeowners Association. Discussion on public access with no ownership in the project. No decision was made on this. There was to be further investigation as to commitment by the applicant. I met with Sharon Somers and Mike Garrepy at their request, and we researched the records on this public access issue. I sent a letter to Mike Garrepy and explained there was little reference to a commitment by the applicant regarding public access. The September 10, 2002 minutes show a general discussion on the public access (copy of letter attached). We would like you to consider the letter from Mr. Garrepy of April 5, 2003.
(1) We will have engineering review with final plans for Friday, April 11, 2003.
(2) We have talked with Ben Locke about working out a buffer and this is continuing.
(3) We are O. K. with SEA engineering review, but are concerned about the scope of their review. It isn't appropriate for the engineer to be reviewing the Zoning Ordinance. We will discuss this with Mike Garrepy and SEA.
(4) Time Clock - we believe this can and should be processed in mid May. We don't feel an extension is necessary. The issues should be clear. Mr. Garrepy doesn't feel there are significant issues.
(5) Graded Play Area - the raised play area was questioned and the gravel operation (reclamation). Plans will show the gravel area to be taken down. There will be significant buffers. Gravel will be used on site. The play area will be the size of a soccer field. This should be an adequate area. We are providing a grading plan. The reclamation for the other area is in the area where houses will be built. We will take Mr. Garrepy and the engineer to see the site when available.
(6) Public Access - the applicant does not want "prescribed" public access to the site. The owner of units should have reasonable security in a housing area. There are issues of liability, road, etc. They would like to control what is to be done at the site. They are paying fees for the control area. There will be kids coming to play, people walking on roads, people looking at the brook, etc. There is no objection to that, but the applicant does not want it mandated. There is nothing mandating this in the Cluster Regs. Discussion. In some communities there is a density bonus for designated public access
open space, but Farmington has no density bonus for this.
Mr. McNeill would like the Planning Board to vote on "mandated public access". No public comments. Public portion closed.
Barry Elliott - questioned access of waterways throughout the state. Is there a state requirement on being able to work on this area?
Mr. McNeill - I don't have an answer to a brook vs. a lake. I am not aware of a public requirement. We're concerned about public rights to land.
Planning Board Minutes April 8, 2003 (continued) Page 3
CEO - 4th order streams are up to town.
Mr. McNeill - we're not claiming rights of ownership to the brook.
Barry - can kids fish? Charlie King said not if its posted.
Mr. McNeill - we are agreeable to allowing fishing in the headwater area.
Bill Tsiros - discussion on the PB decision and effect on waterway.
Mr. McNeill - State Law will apply. Discussion.
Hiram Watson - I'm in favor of not mandating public access. They should be able to post it.
Charlie - I agree with Mr. McNeill's assessment per Mr. Garrepy's letter. There has been no PB requirement for public access. I don't believe a vote is required because it has not been mandated by the PB. I agree with Hiram. I would encourage "limited public access" though.
Hiram - this keeps coming up. We need to deal with it.
Mr. McNeill - I think we should narrow this important issue to us. If you mandate this, it is a problem.
Hiram Watson made motion to not require public access to the open space, Bill Tsiros 2nd. Discussion. Barry Elliott said he understood Mike Garrepy's letter. We don't have Mr. McNeill's letter and what class of waterway is this? I would like some sort of access for whatever reason. What does the state say about those waterways?
Mr. McNeill - we'll abide by the State's requirements. Chairman Horgan asked Mr. McNeill to read the letter he wrote to Mike Garrepy (copy attached). Bill Tsiros made motion to amend the above motion to include - the Planning Board shall not impose or change the RSA's interpretation of access to the waterways, Barry 2nd, Charlie King abstained, motion carried.
CEO Paul Charron - schedule a site inspection with Mike Garrepy so the Planning Board members can attend.
Charlie King asked Mr. McNeill if the three areas of breakdown on the list of 49 items could be spelled out as to what is included in each group. Mr. McNeill will go through Mike Garrepy on this breakdown and the site inspection.
Mr. McNeill - we would like to come back to the Planning Board ASAP.
Bill Tsiros made a motion to continue the RSA Development Cluster Development Application to May 6, 2003, Hiram 2nd, motion carried.
· Application for Lot Line Revision/Subdivision (Tax Map R57, Lot 2-1 and 3), Robert M. Leary and Nelzina M. Leary, Hornetown Rd. (change 2 lot sizes - no new lots created). Randy Orvis is presenting this plan. Gerry White and Ann Alexander are seated back on the board. Randy presented a request for waiver on Subdivision Regs., Sections 4.08 B, C, D, F, G, and 4.09 I and J. (copy attached). A letter from Mike Garrepy was reviewed by board members on his recommendations for this project. Randy stated this was a simple project of 240+ acres on Hornetown/Meaderboro Rd. It is estate planning to swap land within the family. About 20 acres from the 240+ acres will become part of R57, Lot 3 to Ken and Celeste Leary. Pins will be set when approved. A boundary marker will be corrected now that the snow is gone. It does not change the overall acreage. An abutter at 65 Ten Rod Rd. asked if land would be properly surveyed as to where lines are. Randy Orvis will show where
exact line is. Public portion closed.
Charlie - is this land in current use? Mrs. Leary - yes. If all goes well, when transferred, it will be in current use. Randy Orvis said he has to apply within 6 months to transfer (10-acre minimum) to current use.
Bill Tsiros - explained the process for current use.
Bill Tsiros made a motion to accept the waiver as presented regarding Subdivision Regs. Sections 4.08 B, C, D, F, G and 4.09 I & J, Hiram 2nd, all in favor, motion carried.
Hiram made motion to accept the lot line revision as presented, Ann Alexander 2nd, motion carried.
· Application for Subdivision Review (Tax Map R16, Lot 7, John & Virginia Huckins, Chestnut Hill Road, 3 lot subdivision. Randy Orvis is representing John & Virginia Huckins. Randy presented a waiver for Subdivision Regs. Section 4.08, F & G, I & J (copy attached). Plans were given to board members.
Planning Board Minutes April 8, 2003 (continued) Page 4
· This is an 82 1/2 acres parcel. They would like to take off 2 lots for their kids. A boundary survey was done and this went to the planner. We are taking off 2 lots (1.39 and 3.25 acre parcels.) We have applied for State subdivision approval. No abutter comments. Public portion was closed by Chairman.
Hiram - asked frontage on 2 lots (192' and 216').
Ann Alexander - wetlands - Class III?
Randy Orvis - there are no Class II wetlands on these lots. The National Wetlands Inventory doesn't show these, therefore they are Class III.
Charlie King - questioned the Soil Scientist stamp. Randy said he would stamp with his "certified wetlands scientist stamp".
CEO - my interpretation on wetlands is the same as Randy's. Discussion. No Class II wetlands. Paul will check as condition of approval.
Barry Elliot - questioned Section 4.08 regarding slopes.
Randy Orvis - the buildable area on lot 2 is limited but will work - there are no real steep slopes out there.
Barry Elliott - where is the septic area? Randy pointed this out to Barry on the plan. Randy explained there are no building setbacks with Class III wetlands.
Bill Tsiros made a motion to accept the waiver as presented, Gerry White 2nd, contingent on (1) wetlands scientist stamp which is acceptable, (2) CEO verify Class III wetlands, motion carried.
· Application for Lot Line Revision by Dan Cutter (Tax Map R22, Lot 10 and Robert Quinn, Tax Map R22, Lot 1-1), (No new lots to be created - 340 Ten Rod Road). Chris Berry of Berry Surveying & Engineering is representing Dan Cutter. Jim Horgan is off the board. Hiram as Vice Chairman, will conduct this hearing. Discussion on 11"x17" size copies of plans being acceptable. Chris Berry explained there are two lot-line revisions. There is an existing right-of-way through it. It has no frontage to 100 acres. He will be given proper frontage by Robert Quinn (Tax Map R22, Lot 1-1).
Abutter Terry Demeritt - came and looked at the plans in the office yesterday. She wrote a letter asking that this hearing be put off as she has a problem with one of the boundaries to the applicant's property. She read her letter (attached). If the surveyor feels it is accurate, I would like him to show documentation of this at this, or a future meeting.
Chris Berry - I am a licensed land surveyor and I feel I have made a right choice and don't feel this public hearing should be tabled. Discussion on the rock wall which Mrs. Demeritt says the surveyor took as the boundary and it isn't according to her.
Mrs. Demeritt - there is no mention to specific footage and direction. As a reference, I used the Farmington tax map. It was explained to Mrs. Demeritt the tax maps are not always accurate records. How did the surveyor come up with footage? Chris Berry said they have rules and feel they were followed. The previous survey should show this (done by Berry Surveying & Engineering). Mrs. Demerit said the area she is talking about is approximately 40' across and about 330' to the road, according to the tax map.
Van Hertel who sold the land to Dan Cutter looked at the boundaries 2 years ago with Dave Berry of Berry
Surveying & Engineering and he came up with this plan. Mr. Cutter received a deed based on Mr. Berry's survey. Mr. Berry is also an engineer.
Mrs. Demeritt - I would like to see the 2000 plan that was done.
Bill Tsiros explained rules regarding the Planning Board to Mrs. Demeritt.
Dan Cutter - we have not changed the original survey.
Barry Elliott - if you look through Mike Garrepy's comments, there are a pile of comments on problems with this plan. We need to deal with these and we can then deal with Mrs. Demeritt. A copy of Mike Garrepy's letter was made for Chris Berry. CEO Paul Charron apologized for not getting this letter to Chris Berry right away.
Dan Cutter - Mrs. Demeritt's lot line has nothing to do with my lot line revision. I need to rectify this for financing.
Barry Elliott made a motion to recess at 9:00 p. m., Bill Tsiros 2nd, meeting reconvened at 9:08 p. m.
Chris Berry went over the issues in Mike Garrepy's letter as follows:
Planning Board Minutes April 8, 2003 (continued) Page 5
(1) All property lines to be abandoned (TBA) should be keyed as such.
Chris Berry - I have addressed this
(2) All proposed property lines should be labeled as such- not just keyed to the legend.
Chris Berry - Solid lines are property lines and stone walls are typically shown as boundary lines.
(3) Boundary dimension along frontage of Lot 1-1 is incorrectly described as 166.85'. Correct
measurement should be approximately 183'. Surveyor should recheck all boundary measurements
for accuracy.
Chris Berry - I will correct to 183'. That is my error and I will take responsibility.
(4) Boundary monuments should be placed along all existing and proposed lot boundaries to remain.
Chris Berry - It is impractical to set drill holes - we do at corners and ends of new boundary lines.
I will do re-rod and note on the plan or drill if necessary.
Chris Berry - there is one major structure on the 100-acre parcel and one mobile home he is living in until the home is completed.
Charlie King - give the applicant time to review with the CEO and Mike Garrepy and review boundary dispute.
Chris Berry - I would like the Planning Board's comments on the lot line per Dan Cutter's request.
Mrs. Demeritt - my mobile home will be possibly less than the required feet from the boundary.
Chris Berry - if you choose to upgrade on the lot, it will have to meet zoning requirements. The line in question does not affect the motion.
Ann Alexander - comments on boundary line. We hired a planner to follow exact requests by our planner. With that being said, the iron pins need to be found.
Barry Elliott - I agree with Charlie. There are issues to be dealt with. Mike suggested waivers (Section 4.08 C.). I would suggest that not be part of a waiver.
Chris Berry - I spent 16 hours looking for pins, barbed wire, every source, and I could not find any. The oak tree in front was used as a marker.
Hiram - I sympathize with Mr. Cutter and recommend to continue this public hearing to April 22, 2003.
Charlie King - motion to continue this to April 22, 2003 and give Mike Garrepy's letter received April 7th to Chris Berry for review and to review the boundary dispute with Terry Demeritt, letter on waiver for 4.08C, Barry 2nd, Hiram abstained, motion carried. Chairman Horgan is back on the board.
· Chairman Horgan - asked if there was any unfinished business. He talked about Planner/Engineering fees being updated on April 28, 2003 at Selectmen's Meeting (standard fees by Planners/Engineers - a base fee to be deducted from the total bill). This will be an initial fee. In March the PB authorized the CEO to bring these fees to the Selectmen. Discussion. CEO will present a letter to the Planning Board on April 22, 2003 for the board to evaluate and give to the Selectmen for their review and approval.
Hiram - $20,000 was appropriated for one year's consulting for planner Mike Garrepy. This started in December 2002. We will also have a contract with SEA Consulting.
· Chairman - Randy Orvis was upset/concerned about change of PB meeting dates. It was voted on to facilitate work on the review with the Planner, others, and the applicant involved.
Charlie King - our concern is for our board and making informed decisions.
Barry Elliott - Mike Garrepy should have gotten letter to Berry Engineering so they could be ready for the meeting.
CEO Paul Charron - Mike sends his comments and we then send to the engineer. SEA deals directly with the applicant's engineer.
Charlie King - are we going to get information on a schedule so all who need a proper timetable, have it?
CEO - Town Administrator, Ernie Creveling said all plans will go to Mike Garrepy. There will be 4 sets of everything for the office, SEA, Mike Garrepy and PB review. Applicant will turn in 10 copies for the board.
Planning Board Minutes April 8, 2003 (continued) Page 6
· Brad Anderson - the $20,000 was supposed to be to help with planning tasks started and completed. We are still waiting for Selectmen to make recommendations to the various boards. The Selectmen asked for
recommendations from the PB to the Selectmen. Barry Elliott - discussion on Selectmen's process for appointments and re-appointments of various applicants to the boards. Applicants will need to be available for interviews in this process. The RSA states certain conditions that must be followed regarding review and re-appointment which should be done. Brad asked if the PB had made recommendations on re-appointments to the PB and Fran said the PB Chair must do this and it has been done - recommendations are included with the applications which were given to Selectmen's secretary. Discussion on appointments and who had been recommended. Chairman Horgan said he recommended 2 and 1 was not recommended which was Brad and Chairman Horgan sent a letter regarding same.
· Ann Alexander - discussion on OSP Conference scheduled for April 12, 2003.
· With no further business to discuss, Gerry White made a motion to adjourn at 10:00 p. m. and Ann Alexander 2nd, motion carried.
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