PLANNING BOARD MEETING
TUESDAY, APRIL 22, 2003
41 South Main Street
Members Present: Jim Horgan, Gerald White, Charlie King, Norm Russell, Hiram Watson, Ann Alexander
Selectmen's Rep: Barry Elliott and Matthew Scruton (Alternate), Bill Tsiros called in absent
Staff Present: Paul Charron (CEO) and Fran Osborne, Secretary
Public Present: David Berry (Surveyor), Chris Berry & Dave Berry (Berry Surveying & Engineering), Dan
Cutter, R. Quiron, David DeJager, Uel Gardner, Jane & John Wingate, Ray Hamel, Susan
Pretty, Brad Anderson, Robert Musick, Sterling Grondin, Jr.
· Chairman Horgan brought the meeting to order at 7:00 p. m. Chairman Horgan asked if the Planning Board wanted to vote to seat or not seat Mr. Anderson..
Brad - quoted Susan Slack and RSA 41:3 (that he certainly does have a right to sit on the board). The town administrator had informed Fran that this does not apply to Brad. He mentioned board decisions being put in questionable order. Discussion with the board.
Barry Elliott - this discussion is not appropriate. The Board of Selectmen and Town Administrator should listen to what was said through the town attorney. Barry does not feel this is the proper place to argue about seating Brad. Jim Horgan - Brad was asked to remain off the board this evening.
Norm Russell - discussion on previous appointments to the boards.
Chairman Horgan - we have three applications to the planning board before the Board of Selectmen now.
Norm Russell - past practice has been to review these applications before consideration by the Board of
Selectmen.
Barry Elliott - discussion that this year the Board of Selectmen are trying to follow rules of procedure.
Maybe they haven't in the past, but this year we hope to get on track.
Chairman Horgan seated Charlie King for vacant seat, Gerald White for Troy Robidas's seat and Ann
Alexander for Brad Anderson's seat.
· Chairman Horgan asked for review and approval of Planning Board Minutes of April 8, 2003. Barry Elliott made a motion to approve the minutes, Ann Alexander 2nd. Discussion as follows: Secretary, Fran Osborne said after she listened to the recorded tape, on page 4, Bill Tsiros motion for (Huckins) said: Bill Tsiros made a motion to accept the waiver as presented, Gerry White 2nd, Lot Line Revision contingent on (1) wetlands scientist stamp being acceptable, (2) CEO verify that wetlands are Class III, motion carried. She asked the board if they wanted to reflect this change. Hiram Watson
made a motion to change wording to: Lot Line Revision contingent on wetlands scientist stamp being verified, Ann 2nd, Norm abstained, motion carried.
· Chairman Horgan - Fran asked Chairman to remind board members of the Board of Selectmen's meeting on April 28, 2003 and board members were asked to stay after the meeting for a legal briefing by town counsel of "Right to Know" law at 7:00. Norm Russell said he will attend. Mail was reviewed and chairman said information is available in Code Enforcement Office on several upcoming meetings/workshops/conferences from these meetings. An updated Planning Board Schedule is also available.
· Chairman Horgan asked for an update on the ZAMPS Subcommittee. Norm Russell and Brad Anderson are present. Brad will give overview (attached). Originally there were 3 PB members, 2 ZBA members and private citizens. Currently Brad Anderson, Norm Russell, Hiram Watson and Paul Parker are members. The town contracted Planner (Mike Garrepy) is attending as requested. Our consensus is to resolve problems and bring to the PB for review and ratification. We are working on operating principles, tasks in each section, work plan (Findings of Fact for Interim Growth Ordinance). We have information from SRPC, planner,
town counsel & Dept. Heads. We need to get public input for readying rewrite of the Master Plan with input from PB, ZBA, CC, CEO, etc. A hit list was developed in order of importance and
Planning Board Meeting April 22, 2003 (continued) Page 2
was not completed in time for the PB to review appropriately. We are presently working on a Zoning Ordinance priority list.
Chairman Horgan - asked what the main focus was now.
Brad - Facts on Interim Growth Ordinance and Master Plan. He hopes in 2 weeks to have recommendations from the planner and town counsel.
Barry Elliott - are you looking for subcommittee members? Are you missing private members of the public? Discussion.
Brad - Subcommittee meetings are all noticed. Charlie King said he was interested in being a member.
Brad is chairman of the subcommittee, we have no vice chair. The town planner will be at the Thursday meeting.
Barry - is there any plan on how we will use the planner? Discussion. CEO Paul Charron - bills from Planner go directly to the town administrator and we review those that apply to specific PB applicants.
Norm - applicants can be charged for plans? He clarified appointments for subcommittees are made by the PB chairman. Ann Alexander is also interested in being on the subcommittee. If Charlie and Ann become members there will be 6 members. Discussion. Chairman Horgan appointed Charlie King and Ann Alexander to the ZAMPS Subcommittee. Meetings will be held 2nd & 4th Thursdays. There will be a meeting Thursday for ZAMPS with the planner. Discussion.
· CIP Subcommittee - Chairman Horgan asked Hiram Watson to obtain a list of members for this subcommittee to the next meeting.
Public Hearing 7:30 p. m.
· Lot Line Revision (2), Exchange protected/open space, create water/sewer easements (Tax Map U6, Lot 62) by David DeJager d/b/a D. J. Trust, for Garfield St. David DeJager is representing himself on this application. Barry Elliott is off the board. Matt Scruton is seated as alternate selectman in Barry's place. David DeJager - it was brought to my attention there might be a better way to present this and preserve the knoll on Garfield St., so the hill remains intact. Our thought was for a park and I moved away from this to a preservation/protected area. The 4th lot originally had a house and a fair amount of soil
would be excavated. There is a ridge behind the open space area. The 2nd lot line adjustment (U6, Lot 67 Barry Elliott's lot will have space added to his lot.) We took part of lot 1 to do this. We exchange some open space from Lot 3 and added it to Lot 4 (dotted line on lot 4.) Open space originally 25,000 s. f. will now be 19,400. Existing features are preserved with added space to this feature. Discussion on notification of abutters. David DeJager spoke to the surveyor and he hasn't actually surveyed the property physically. CEO - this plan is stamped by a licensed surveyor and at this time we must go by the plan submitted. The most recent plan shows Map U6, Lot 64 (Jennifer Batchelder) who was not notified as an abutter. Fran explained David came in to the office to make up an abutter list using the town tax maps which did not show the same configuration as the plan that was submitted. She did not
show as an abutter on town maps and was therefore not purposely left out of the abutter list. 'Fran will mail a certified abutter notice to her.
Ann Alexander - we may be doing the remaining abutters a dis-service by not hearing this tonight.
Charlie King - would we be best served to continue discussion.
Norm Russell - discussion on lot line adjustment between 62 and 67. Dave DeJager - we are not affecting this line. Discussion on abutter notifications.
Ann Alexander - I would motion we proceed and inform her she can listen to recorded tape and read the PB minutes of this meeting, Hiram 2nd. Discussion. If we don't proceed, everyone has to come back.
Matt Scruton - if legal requirement is to notify an abutter, then we should do that. Norm Russell supports Matt's suggestion. Discussion on plan originally submitted.
Ann Alexander - on the original plan there is a 30' space between Jennifer Batchelder's lot & U67 or U63. Discussion.
Chairman Horgan - there is a notification requirement to an abutter.
Planning Board Meeting April 22, 2003 (continued) Page 3
Ann Alexander - the original plan was legally notified. Her legal rights (U6, Lot 64), will not be denied.
Charlie - the issue is we haven't done what is correct.
Hiram and Ann (2) in favor, 4 against, motion failed.
Motion was made by Charlie King to continue David DeJager to May 6, 2003, Gerry White 2nd, motion carried. Barry Elliott is back on the board. Matt Scruton is off the board.
· Application for Lot Line Revision continuation by Dan Cutter, 230 Ten Rod Rd. (Tax Map R22, Lot 10 & Robert Quinn (Tax Map R22, Lot 2-2). No new lots are to be created. Chris Berry is representing Dan Cutter. Chairman Jim Horgan is recused from the board and Hiram Watson, Vice Chairman will chair this application. Hiram said the board needed to vote on the application as being complete. Barry Elliott made a motion to accept the application as complete, Charlie King 2nd, motion carried. A waiver is presented from Mike Garrepy's list of points (attached). Chris Berry summarized these
points from Mike Garrepy's letter. For any changes in the future, existing contours of the remaining land would have to come back to this board. Chris Berry and Dan Cutter - a new plan is presented with changes reflecting Mrs. Demeritt being given the portion of land that was requested by her at the last Planning Board Meeting. Minor changes have been made with notes: #13 - referencing portion to Demeritt
#11 - this is not a subdivision
#12 - stone wall in front - boundary line Mike Garrepy wanted to see.
A boundary survey was also presented from Dave Berry. Chris Berry asked the board for comments.
Mrs. Demeritt was shown the plan and given a copy of the plan and survey.
Chris Berry - bounds to be set after approval (3 pins). This will clear up any future dispute.
Barry Elliott - motion to accept the waivers as presented, Ann Alexander 2nd, motion carried.
Barry Elliott - motion to accept the revised plan as presented, Gerry White 2nd, motion carried.
Hiram stated Dan Cutter did well to work this out so well with Mrs. Demeritt.
Hiram made a motion to recess at 8:10 p. m., Gerry White 2nd, motion carried. Meeting reconvened
at 8:20 p. m.
· Old Business:
Barry Elliott - discussion on appropriate procedure when recusing a board member. He felt a board member should physically remove themselves from the table and questioned the procedure being followed.
Jim Horgan - this makes sure you are quiet for the duration. We haven't pushed the issue.
Brad Anderson - discussion on the CC (Conservation Commission and their policy on recusing board members and allowing them to participate in discussions before the board.
· New Business:
(1) Norman Russell brought up the 4/8/03 PB minutes and the meeting/workshop change of date. The meeting does not reflect the change of address in the minutes as the public notice does. He also said the workshop change was not in the minutes. Discussion. Fran pointed out to the board all public notices are posted with address for meeting and the minutes did say meeting/workshop, not just planning board meetings.
(2) Norman Russell - discussion on appointment procedure for board appointments.
(3) Norman Russell - letter from Jane Wingate and copy of Town Administrators letter of 3/25/03 sent to Norm regarding appointments to the PB.
(4) Norman Russell - made a motion to send a letter to the Board of Selectmen stating the PB does not endorse the 3/25/03 letter from Chairman Horgan to the Board of Selectmen, Gerry White 2nd, (copy attached). Discussion.
Norman categorically denied members have met unofficially before meetings.
Hiram - I think we should stay with the letter that was sent without muddying up the waters anymore.
Planning Board Meeting April 22, 2003 (continued) Page 4
Charlie - I agree with Hiram. I think we would be changing procedure.
Hiram - the letter received back in December from Jane Wingate to the board started this.
Ann Alexander - it is important that the Board of Selectmen asked the Planning Board chairman to respond.
Norman - he was the acting chairman. Brad's entire tenure was under my chair. It is noteworthy this is the 1st time the Board of Selectmen have followed their procedure. There were several appointments made without recommendations. The adopted procedure is subject to review. I have serious issues with the procedure itself. It would merit discussion, but not at this forum. Why was it developed in the 1st place? "I was chairman at the time."
Charlie - I would like to state Jim Horgan was acting chairman and is now chairman. I do feel Brad is important to the board, but Jim is chairman and made a recommendation. The selectmen should consider that. As a member of the board, we should not usurp the authority of the chairman. If my opinion is offensive to those who might appoint me, don't appoint me. Brad does have a lot of input and balances out discussion in the town.
Norman - only person in favor, motion failed for lack of majority vote.
· Brad - mentioned a book from the OSP conference "Smarter Land Use," and asked if the PB would like to purchase it from him for $20.00. Discussion on material in this book that would be useful in developing a Site Review Committee.
· Chairman Horgan brought up the "Findings of Fact" for the Sexually Oriented Business Ordinance. He asked board members to get acquainted with the one that was handed out at a previous planning board meeting. As a town, we have to accept the "Findings of Fact" and what was lacking and provided was incomplete for public presentation. Mike Garrepy has worked on revising this document. We need to define the zone where this type of establishment could possibility be located. The IB district was discussed with 1,000' setback, Rte. 11 was also suggested, but this is the "gateway" to the Lakes Region. Chairman
Horgan mentioned joggers, bikers, pedestrians, etc. use this area. How we define the zone is a concern. The CC district was suggested. We don't want women, kids, adults, etc. being exposed to this type of business. Age - 18? Do we need to define age. Discussion on percentage (15%) of adult material and this being exposure - if walking in on this type of material. Jim feels it is exposure in his opinion. We need to address this soon. The Findings of Fact is separate from the ordinance. He asked board members to do their homework and make sure we have adequate reference for the public. Discussion - getting something on the books.
Ann Alexander - we need to pick the lesser of the evils. It may not be in line with our community values. Maybe we shouldn't specify a certain area without specifying zoning.
Brad - discussion on the overlay map - Mike Garrepy said don't do the overlay. Leave as it is. Leave the description as it is.
Ann - we only need to make it so that legally they can do it.
Jim Horgan to CEO - why do we have to do it in this town? The bottom line is how we do it. We need to design a building so its not visible to not pigeon hole a certain area. Make sure the area is adequate. Limit signage. Impose additional restrictions. The 1st amendment says we have to do it. My concern is age. Discussion.
Brad - can we take this in chunks? Discussion. Pick some areas and whittle it down and why.
Chairman Horgan - what's important is to get a grasp on the "Findings of Fact." Jim asked if there was any way to check on final deadline date schedule for amendments before the 2004 Town Meeting.
Sterling Grondin asked if we were going to use the town attorney on legal stuff. Chairman - we as a board will consult with town counsel.
John Wingate - I suggest these establishments be allowed only on the Cocheco River. Discussion.
· Town of Farmington Landfill - Chairman Horgan - since we went through drafting a letter, we would like
Planning Board Meeting April 22, 2003 (continued) Page 5
the courtesy of coming before the Planning Board as a whole to decide if we want to accept this in some form to send to the Board of Selectmen. Norm Russell asked is someone initiated this letter without board approval. Jim said he authored it for the board's review. Discussion.
Ann Alexander made a motion to send the draft Jim presented in some form to the board of selectmen, Charlie King 2nd.
Barry Elliott - you bring up a lot of good points. We have not accepted any Casella proposal. Casella has now presented a new proposal. There is an issue before Superior Court called pre-emptive and DES may control language and licensing of landfills which may result in a landmark decision. The federal government may end up making these decisions. Discussion on money. This would have to go to public meetings and be noticed. The Board of Selectmen has several proposals and is discussing them now. We would look at many things, nothing is cast in concrete as a proposal at present. There are many things to be considered and looked at. I think your letter wants to make sure the town is protected through the loop of this board. Discussion.
My viewpoint is that I consider the board's input as valuable. Circumventing this issue is not our intent. The town owns our landfill. In other areas, this is not so. Discussion with Brad Anderson and Jane Wingate on landfills and Jane pointed out the list of Casella's offenses and trouble caused. Ms. Wingate feels the Board of Selectmen should give them "the boot."
Charlie King made a motion to amend Ann's motion to include input from the Planning Board members and bring these to CEO for review at the 5/20/03 PB meeting, Gerry White 2nd, motion carried as amended. Barry Elliott abstained from both motions.
· Planner/Office procedure/fee schedule. CEO - letters & fees for planner have been sent to PB applicants letting them know that they were responsible for certain fees. The chart I made up will have to be revised per Mike Garrepy's suggestions which were received late today. This would be available upon an applicant submitting an application. Discussion on procedure. There is a transition period and we are not collecting money up front right now. The PB sets its own fees according to Mike Garrepy. A public hearing must be held to put this in as a policy. There are amendments to the Site and Subdivision Reviews to be
done. Mike Garrepy, Fran and I need to work this out. The PB must adopt a fee schedule. My understanding is all plans go to the planner. The initial review could entail 1, 2 or 3 hours. We may have put the horse before the cart here. An up-front cost is difficult. The fee could be based on the size of the plan and length of the road, etc.
Charlie King questioned the base fee of $750.00. These fees could be considerable. The PB needs to be very cautious. Discussion on reduced fees for minor subdivisions where a family might leave a lot or two to their children. CEO Paul Charron - we could ask for a "reduced fee" for a small minor subdivision. The Engineer's review is for large subdivisions involving roads, possibly steep slopes, etc.
Charlie King - what was this based on? CEO said this is their usual fee.
Ann Alexander - discussion on additional cost for a large subdivision such as the Cutter possible subdivision in the future. CEO said engineering review includes reviewing everything detailed on the plan submitted.
Norm & Margaret Russell - $3,000 cost per lot for review is not a lot of money for a developer per lot.
Charlie King - discussion on small vs. large developer review, extra costs, etc.
Brad - we've run into problems when someone comes back and wants to do more. It's difficult to find a floor where we could make something stick.
Barry - fees seem heavy. CEO - I don't think anybody realizes the amount of time Fran and I spend on an application. We are looking at a fee where the applicant is reimbursing the town. The object is to reduce the town's burden and have the applicant pay the costs.
Chairman Horgan - if the fees make the CEO self-sufficient, then that's a bonus. Our ordinance says the developer is tasked with this.
Barry Elliott - the engineering fee is substantial. How is this going to be instituted? We need some leverage with that. Is everything being reviewed on the plan necessary? Maybe certain portions of some applications would be all that is necessary, but on others maybe the whole plan would be included. Discussion.
CEO - an engineer does make mistakes. Things are picked up by other engineers.
Planning Board Meeting April 22, 2003 (continued) Page 6
Norm Russell - the fee schedule we now have was with input from Tom Rozwadowski, former CEO and Fran Osborne. That's why it was initiated by that office.
Ann Alexander - discussion of fee based on the road, not acreage. She felt the larger developer should pay more.
CEO Paul Charron will clarify and review these fees.
Chairman Horgan - establish the planning boards discretionary flexibility on some sort of standard. We need to cover what is necessary.
Margaret Russell - asked about developers submitting packages with applications. CEO Paul Charron said Fran and I have been doing this and started it right away.
Sterling Grondin - asked Fran what towns were included in fee schedule. She gave him a brief rundown of town's she had called to obtain their fees on items relating to building permits and applications before the board.
Chairman Horgan - the Building Permit process we will deal with on May 20, 2003. CEO said criteria is on the back of the "Building Permit Process on Private Roads." This is a draft and we are using it. We are checking with town counsel on Class VI roads also. Discussion. CEO stated road standards were adopted in 1976.
· CEO - Downtown Coffee (new business in town) - in my opinion there is no need for planning board review. No food will be served. Paul asked what would trigger planning board review. Many businesses have started up. Zoning Permits may need to be tuned up. Review new business procedure. Discussion. Barry Elliott said he should still have Fire Chief, Ky Goslin and CEO Paul Charron check the establishment.
· OSP Conference - Ann Alexander gave overview. She said a legislative update given by a lawyer was given with handouts (Fran will copy). Superior court cases were discussed, Zoning and Planning dates of approval, unique properties, etc. The issue of anytime there is a quorum of members, it is considered a meeting and is illegal if not talked about in an appropriate setting. Secretarial training was discussed, more to Fran's type of duties. She brought back materials on these for the board and Fran.
Gerry White - litigation issues were stressed - do what we should. If you discuss it outside the record, it can be a part of the minutes if brought before the board at the next meeting. It was stressed to "CYA."
Discussion on walking park or path, bike paths, etc. Hiram said the conference center was a beautiful place and the part on the Master Plan was excellent. Gerry White said Planning Board's should remember their duty is to the town.
· With no further business to discuss, Hiram made a motion to adjourn at 10:30 p. m., Ann 2nd, motion carried. Minutes recorded by Fran Osborne.
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