PLANNING BOARD MEETING
TUESDAY, JUNE 3, 2003
41 South Main Street
Members Present: Jim Horgan, Charlie King, Troy Robidas, Hiram Watson, Gerry White, Don MacVane,
Ann Alexander, Bill Tsiros
Selectmen's Rep: Barry Elliott and Alternate Matt Scruton
Staff Present: Paul Charron and Fran Osborne
Public Present: Morris & Walter Pigeon, Jane & John Wingate, Randy Orvis, Sterling Grondin, Alex
DeSteiguer, Brad Anderson (CC,ZAMPS), Margaret & Norm Russell, John Huckins,
Nancy Grondin, Robert Moholland (ZBA), Suzanne Pretty-Hamel, Raymond Hamel,
(Randy & Bob Talon, David Woodman - 500 Boys & Girls Club)
· Chairman Horgan called the meeting to order at 7:00 p. m. Minutes of May 20, 2003 were reviewed. Barry Elliott made a motion to approve minutes as presented, Bill Tsiros 2nd, Gerry White & Troy Robidas abstained, motion carried.
· SEA Consultants, Inc. - Jim Bolduc. Jim is here to discuss and review their fee schedule with board members. Jim said he was under contract with the Town of Farmington to provide engineering reviews for Subdivision & Site Review applicants coming before the PB & ZBA. He suggested telling the customer when they come in the door to apply what fees they might have to come up with. The fees are as quoted in the amended contract. Site Plan fees vary depending on the situation (complexity, zoning issues, nonconforming issues, etc.). Site plans vary in complexity. Accept each project as individual and we'll review and
provide a price to be passed along to the applicant. This would give the customer an idea of his cost up front.
CEO Paul Charron - $750.00/acre & $325.00/each additional acre after that seems high and asked how that could be adjusted if the applicant had only a minor change. Jim Bolduc - if during the initial application you tell us it is a complex issue or a less complicated issue (traffic, drainage, etc.) we'll try and give a review fee for the engineer. Each project is authorized by the PB on a project by project basis. It could vary up or down from the $750.00 per acre. Discussion on an example. The dollar amount is used for estimating purposes (see attached fee schedule for discussion).
CEO Paul Charron - we wanted to collect the fee up front to be held in escrow.
Mike Garrepy - I'm comfortable with this if you are. The escrow is a good way to go.
Bill Tsiros - questioned if SEA was under contract with the town. Jim Bolduc said yes, based upon projects which are sent to me.
Bill Tsiros - discussion on a building permit on an already approved lot. CEO Paul Charron gave him the present cost for a building permit and informed Bill the Board of Selectmen approved the amount set for building permit fees. These costs are not changing. This is basically the engineering costs for applicants with subdivisions and site reviews.
Don MacVane - discussion on types of projects and fees which would vary.
Barry Elliott - questioned cost per hour. Jim Bolduc said $45 - $150/hour depending on classification of employee and job done. We have registered engineers. We have site, subdivision and water & waste engineers with 25-30 years experience. Discussion on $750.00 fee. Barry feels a per hour price would be appropriate.
Mike Garrepy - I would make a recommendation as to whether engineering review is needed and how complex it needs to be before sending to SEA Consulting for review.
CEO Paul Charron - discussion on funds paid up front in escrow. The fee is based on lineal footage of road on subdivisions. The site review is a little more complicated. If there is no road involved, it may not even have to go for engineering review.
SEA - Jim Bolduc - we would do a breakdown bill for work that is done. The applicant has a right to look at the breakdown of our time on an invoice at any time.
Planning Board Meeting June 3, 2003 (continued) Page 2
Barry discussed applicant having to pay for 2 engineering reviews, (drainage particularly). What are we going to send to the engineer?
Mike Garrepy - the PB is here to protect the town. There are many different ways to engineer roads. The town has outside engineering to protect their interests.
Jim Bolduc - feels there are always things that might be overlooked with any engineer. It ultimately saves the applicant dollars. He may pick up a problem the original engineer didn't see.
Don MacVane - I'm concerned about the client and the fees they must pay. Some things are complicated enough for engineering review, but not all.
Troy Robidas - likes the idea of a 2nd set of eyes reviewing projects, but doesn't know about the $750.00 fee.
Hiram Watson - is in favor of up front fees in escrow.
Ann Alexander - I agree. We have to protect the town's best interests.
Charlie - asked Mike Garrepy if he can make recommendations, but the PB would have the ultimate decision. The $750 should be asked for after determining the review is necessary and what is needed.
Gerry White - ask for dollars up front. This might help "interim growth management."
Bill Tsiros - the CEO would notify the applicant per the PB that the applicant pays such and such.
Jim Horgan - we need to decide how much in writing and produce this for review.
Barry Elliott - have any modifications been made? Would you submit documentation to the Board of Selectmen as to who is on your staff and the charge per hour. Jim Bolduc said he has a standard rate table and will fax it. We will review SEA charges at the June 17, 2003 meeting.
· Application for Subdivision Review continuation by Governors Road Realty, LLC (Tax Map R1, Lot 1-1), for 16-lot subdivision on the easterly side of Governors Road. Richard Marsh is owner of the development and is here with Don Rhodes of Norway Plains Surveying/Engineering. Don MacVane is seated for Troy Robidas who is excused as an abutter. Richard brought the changes recommended from the last meeting by Mike Garrepy and the PB and has indicated these changes in red on a plan he presented. He has also filed requested waivers. He was asked to make a list of changes which he has done. Norway Plains was requested to do a
drainage study which is given to you in the written report. Don Rhodes will answer questions on technical things. Discussion on drainage. Plans have been amended to show easements to accommodate drainage issues, one of which is at the Rochester boundary and the other at the northerly end. Don Rhodes has also done the traffic study requested and presented here. The required plan changes are done and noted. Wetlands are noted and delineated - some lots have no wetlands. Richard pointed out these areas to the PB in green on the plans. Plan certification has been done. A note has been added that no further subdivisions can be done without first coming back to the PB. The access road at the southerly end of the project has changed to avoid wetlands crossing. This did not change the lots square footage.
Barry Elliott asked Mike Garrepy if all issues appeared O.K. He feels he's answered questions asked of him and made changes on the plans as requested.
Don MacVane - they will be roughly the same as those across the street to be compatible. Richard Marsh said he has protective covenants in place. Don said he would be interested in knowing the square footage of homes. Richard said homes would be in the $200,000 price range. Discussion on square footage of homes. Ranches are 1,200 s. f. & 2-story homes about 2,000 s. f. Don asked about a sidewalk easement for the town if and when a sidewalk might be possible in the future on Governors Road. Richard Marsh said it could be between the road and the stone wall.
Hiram Watson - asked about water runoff. Richard Marsh said the water runs south of the crest of the road. Discussion on lots involved on the northerly side. There will be culverts on these lots.
Ann Alexander - asked about moving stone wall if need be. Don Rhodes - probably 2 lots will be involved where the stone wall is near the road - this would be for driveways.
Gerry White - have you done perc tests for wells? He explained he lived here for 7 years and ran out of water at the apartment house on this property. Richard Marsh said each lot will have its own well. Discussion.
Planning Board Meeting June 3, 2003 (continued) Page 3
Bill Tsiros - concern about impact to town, safety concerns, services (police, fire, ambulance, etc.). This will be a strain on the town's services. He suggested a "good will" donation to the Fire, Police Depts. of $2,000 to $2,500 a lot. Discussion on this.
Don MacVane - historically, large developments have contributed to the town on their own. If you are in a situation where you could do this, it would be the gentlemanly thing to do.
Ann Alexander - I don't think this is appropriate coming from this board. Charlie King agrees.
Richard Marsh - the town has collected about $60,000 in taxes because of the original subdivision and I will have to pay again this year because I did this after April 1st. The homes will be $200,000 homes which will increase the tax base.
Ann Alexander - asked about open space. About 25 acres came out of the original project. Richard Marsh feels there will be ample area.
Barry Elliott - discussion on driveways needing culvert drainage. How will water be directed? Don Rhodes - it will run in an established ditch there today and water will slightly increase in this drainage area. Driveways & culverts will be a case by case basis based on driveway location. Drainage easements on lots 2 & 3 on the southerly end were discussed.
Jim Horgan - issues are open space (10 acres) and an easement for a sidewalk.
Richard Marsh - why have there been no sidewalks requested on the other project (Jones Brook) in the area? Discussion.
Jim Horgan - it appears he has met all the issues presented.
Barry Elliott - motion to continue until Mike Garrepy has time to review and bring back to the June 17, 2003 PB meeting, Hiram Watson 2nd, motion carries. Richard Marsh asked for conditional approval subject to Mike Garrepy's review.
Ann Alexander - give conditional approval, Charlie agrees as well as Hiram.
Barry Elliott - I think Mike Garrepy needs time to review as a result of this all being in front of us at this meeting and no time to review. Bill Tsiros agreed to allow Mike time to review.
Hiram Watson made motion to recess at 8:25 p. m. for 5 minutes, Ann 2nd, motion carried. Meeting reconvened at 8:35 p. m. Troy is seated back on the board. Don MacVane is off the board.
· Application for Site Review by 500 Boys & Girls Club, Paulson Road (Tax Map R36, Lot 1-2), owned by Pike Industries, for recreation (3 new ball fields/lights/structures). Surveyor Bob Talon is here working with the project to come to fruition. He has put together layout plans showing boundary easement, drainage, final grades. Narrative was read (attached). Recreation use is proposed (baseball, softball, soccer), buildings for dugout, storage, bleachers, etc. Use will be seasonal with 28-30 vehicles expected for games/practices. No abutters present.
Barry Elliott - a public hearing was held because of funding issue and this project was well supported at that hearing.
Troy has no problem with this project and thought it was a good project, done well and good for the town.
Ann Alexander asked where the 6.5 acres of easement was. Bob Talon showed her on the plan. It will be left natural as much as possible.
Bob Talon - there will be walking areas and gates for closed times to keep vehicles/ATV's off the grounds.
Charlie King - thinks it’s a great addition to the town, Gerry White as well.
Jim Horgan - this public hearing is more or less a formality.
Ann Alexander asked where leach field was. Bob Talon said it will be in front of the clubhouse.
Troy Robidas - waivers were presented (see attached) to waive fees with exception of cost of postage, waive requirement for small-scale location plan & approximate true north, reduce fee of $9.00 to $4.42 actual cost of certified notices to abutters, and waive fee requirements.
Bill Tsiros made a motion to grant the waivers, Troy 2nd, no discussion, all in favor, motion carried.
Bill Tsiros made a motion to accept the plan as presented, Hiram 2nd, motion carried.
Planning Board Meeting June 3, 2003 (continued) Page 4
· David DeJager d/b/a DJ Trust, Garfield St. (Tax Map U6, Lot 62), proposed language for Note 6 on DeJager plan and proposed deed language (see attached letter from Attorney Sharon Somers). Ann Alexander and Barry Elliott are off the board. Don MacVane is seated for Ann Alexander and Matt Scruton, Alternate Selectman for Barry Elliott.
Dave DeJager said a stipulation of the approval was easement language. Discussion with Sharon Somers and CEO resulted in the attached letter from legal counsel, Sharon Somers. Dave said they have taken out what was causing the problems with deed language - see attached letter. The three changes are: Note 6, Note 9, and Note 12 which are on the plan. If the PB is O.K. with this, we'll go forward and complete the plans. Discussion on "conveyance."
Mike Garrepy clarified this is to individual lot owners.
Bill Tsiros - motion to accept the plan revisions per legal counsel Sharon Somers recommendation, allow chairman to sign plan when revised, Troy 2nd, motion carried. Bill is leaving at 8:55 p. m.
· Building Permit Applications on Private Roads - Don MacVane is seated for Bill Tsiros. Charlie King made a motion to proceed to the "Building Permit Review," Don MacVane 2nd, motion carried. The interim growth management regulation will be addressed after building permits have been processed.
CEO Paul Charron presented the board with a narrative on the (12) building permits submitted on private roads.
(1) Healey, 347E Ten Rod Rd. (R13 Lot 11) - see attached narrative. The PB has no problem with this as it is a replacement home.
(2) Cardinal, 10 Great Pine Rd. (R18, Lot 10) - there is 500' of frontage. Discussion on road and Lot 10 being approved in a previous subdivision before the PB. Mike Garrepy informed the board no other town in the state has approached this "private road" requirement. This is unchartered territory. Troy Robidas - motion for the town to enlist the services of an engineer to see that the road does meet town specifications, Don MacVane 2nd, Barry Elliott opposed, motion carries.
(3) David A. Delpozzo, Yonder Ridge (R44, Lots 29 & 30). Discussion on 6 building permits having been previously issued from recommendations of the PB here in Yonder Ridge. This is a 1 1/4 acre lot per Randy Orvis. Don MacVane - since we've approved 6 building permits there, we should issue these building permits, Troy 2nd, no issues. CEO - an association document is on file, he sees no issues and said the roads here are in good shape as he frequently travels them. Barry Elliot - part of push for this is to develop road standards - am I right? We are working on road standards. Discussion on
road standards that haven't been developed.
Ann Alexander made a motion to take the 4 building permits presented (see attached list - 1 on Polliwog Lane and 3 on Chipmunk Lane) all at once, Don MacVane 2nd, 1 opposed, motion carried. CEO has no problem with roads in this development.
Ann Alexander made a motion to recommend the 4 building permits and forward to the board of Selectmen for approval, Troy 2nd, Barry Elliott opposed, motion carries.
(4) Morris Pigeon, Lot #44, Lancelot Shores (R6, Lot 141). CEO Paul Charron said there is an Association at Lancelot Shores. There are approved septic designs on file and approximately 60 homes are there now. Discussion on roads in this development.
Barry Elliott - we need to do something on these substandard roads.
Don MacVane - road has historically been a concern. The road has periodically been maintained by the town but the town has decided to not continue maintaining this development. Discussion. Don asked Mike Garrepy his opinion. Mike said if there are questions on the quality of the road, we should ask Clark's opinion. A Private Road Liability Agreement needs to be signed absolving the town from liability on these roads.
CEO Paul Charron - all building permits have "Private Road Liability Agreements." If there is a question as to access, you may not want to add to the risk.
Hiram - the steepness and width of these roads is also a concern.
Planning Board Meeting June 3, 2003 (continued) Page 5
CEO Paul Charron - the state law says you can issue a building permit on a street in an approved subdivision. Randy Orvis said Lancelot Shores, Golden Circle and Yonder Ridge were approved back in 1989 when Randy was working for Durgin & Schofield who drew the official road map.
Charlie King - discussion on approval of subdivision in the 1960's. We should be careful about not approving.
Don MacVane - do some research on what RSA 674:41 really says.
Mike Garrepy - its still a private road. RSA 674:41 governs building permits on private roads whether on town map or not. This was originally a subdivision approved for summer camps or homes. Put off until the next meeting and do research.
Barry Elliott - the Fire Dept. has some issues there, especially in winter. We need a standard to agree upon. We need road standards in place.
Ann Alexander made a motion to continue these 4 building permits in Lancelot Shores to July 1, 2003 to allow information from Fire Dept., Road Agent & Police to be received, Don 2nd, 2 opposed, motion carries.
Discussion - Troy - if they have been paying taxes on these lots 30 years and we tell them they can't build, we're apt to end up in court. Discussion. We need ironclad language to make sure legal counsel is comfortable with what we do.
CEO Paul Charron - the law gives certain rights to properties that have been there many years. Discussion on variables in the RSA 674:41 and emergency vehicles being able to get there.
Charlie King - get input from the Fire Dept., Road Agent, Police, etc. We should be fair and consistent and forward their recommendations to the Selectmen.
Paul Parker - The ZBA has had somewhat similar issues with Lancelot Shores. We were not required to see an applicant every time a building permit was issued.
(5) Michael Stewart, Old Downs Road (R4, Lot 10). Charlie King is recused from this parcel. CEO Paul Charron explained Michael Stewart wants to form a homeowners association and rebuild the road in stages. He would begin a phased schedule on fixing the road and C/O's would be tied to fixing this road. There are about 22 acres on his piece of property and it is about 1,000' in off the road. Discussion on road standard to be used. Drainage is an issue as well as rocks. Length was discussed. Association was discussed. Mr. Stewart is related to the Richardsons who own most of the property on the
road. Discussion on making a road definition "passable."
Don MacVane - look into paving 1500' of road.
CEO Paul Charron - 15 - 25% slope would be extremely difficult to pave. It would be difficult to bring up to town standards.
Barry Elliott - what's the difference between this and others we've approved? Discussion on new homeowners association to be developed and willingness to cooperate with town requirements for the road.
Ann Alexander - motion to recommend to the Board of Selectmen per CEO Paul Charron's recommendation. See if he can improve the road for 2-wheel travel, no 2nd, motion failed. Discussion.
Don MacVane - made a motion to go along with the applicant's suggestion on the road association and bring the road to some sort of town standard, Troy 2nd (return with Association Agreement for PB review), and spell out road improvements, Barry Elliott opposed, motion carries.
Hiram made a motion to extend the meeting to 10:30 , Ann Alexander 2nd, motion carried.
Hiram made a motion to recess 5 minutes at 9:50 a. m., Don MacVane 2nd, motion carries. Meeting reconvened at 10:00 a. m.
· Interim Growth Management Regulation continuing discussion. Chairman Horgan asked Brad Anderson to give an overview of the amendment to the Farmington Zoning Ordinance to add a new Section entitled "Interim Growth Management Regulation." Brad discussed how this came about through a subcommittee developed by the PB. The Master Plan goals and objectives were addressed, reviewed and
Planning Board Meeting June 3, 2003 (continued) Page 6
adopted. Public input is needed. Too much work has not been accomplished. No real planning work was done with few exceptions the last year. There is not enough time for the PB to do planning. There is a state law which allows the town PB time to get solutions to problems in place. This can be done up to one year. This interim growth management regulation will go to the voters at a public hearing. Take revisions suggested to the public hearing. New subdivisions, condominiums and multi-family development will not be allowed with exceptions per the attached Interim Growth Management Regulation.
Brad - this is not a "no growth" recommendation. If we decide not to bring this to Public Hearing, then we won't be dealing with making our regulations and ordinances effective.
Jim Horgan - this is a continuation. We want input from the public.
Suzanne Pretty (public) - I think its rather foolish to proceed helter skelter. Just looking at the roads is not going to solve problems.
Margaret Russell - discussed accomplishing what the State requires to meet the Master Plan requirements. She feels the interim growth regulations would allow this.
Mike Garrepy - every 5 to 10 years is the recommendation on updating the Master Plan.
Brad Anderson - most people think the Master Plan doesn't represent public input, he suggested doing a re-run on the survey previously sent to the public.
Jane Wingate - see if Findings of Fact presented here are agreeable to the PB.
Brad Anderson - this is a model legal counsel, John Radigan used. Mike Garrepy and the subcommittee have gone over this (see attached).
Items 1. & 2. - no discussion.
Item 3. Barry Elliott - the CIP and Master Plan don't address what is needed to develop impact fees.
Item 4. The tax rate increased because of school funding budget. Barry said this area was definitely part of the problem. The year before water rates increased 28%. Margaret Russell - the CIP Committee has repeatedly asked for figures from the School Dept. Brad Anderson - the point is, we need to plan better.
Item 5. no discussion.
Item 6. Don MacVane - extension of water & sewer lines in certain areas of town - this has been an ongoing problem to us. Barry Elliott - discussion on expansion of wells down Rte.11. It is being investigated at this point.
Item 7. Brad - this deals directly with the wastewater. Barry Elliott - The sewer plant has been approved for an upgrade next year which will increase rates. In 2005 we have to remodel our wastewater plant. Discussion. Input is needed from town officials.
Item 8. No discussion.
Item 9. Don MacVane - what is an acceptable growth rate? Discussion on interest rates being low which promotes new homes. John Huckins - growth is not a PB function, it is a marketing function. The PB can direct the growth. This "Interim Growth Management Regulation" is premature. Another factor is response time for services to developments. Direct where growth is going. Don MacVane asked what the ideal is.
Mike Garrepy - the Interim Growth Management Regulation can be set in motion for a year. Updates in the CIP, Master Plan and Zoning Ordinance can be done, or set up an actual Growth Management Ordinance. Look at and do a regional analysis and set your growth rate on this. State law allows you this time to get these things in place. Jane Wingate - put a cap on building permits. Discussion.
Mike Garrepy - you need to have a good ordinance in place.
Norm Russell - discussion of an issue on growth ordinance without numbers - in terms of what the region is doing.
Mike Garrepy - indicators of growth which are monitored can be used, infrastructure improvements, etc. There are varying legal issues on this. We would need to have town counsel on board to look at it. It is a constant monitoring switch. Stratham does it every 6 months. Developers can work with the town on phasing. Discussion on percentages, master plan revisions, etc.
Item 10. No discussion.
Item 11. Discussion on "no protection" of view sheds, agriculture - particularly prime farmland soils. Aquifer protection has been in place.
Planning Board Meeting June 3, 2003 (continued) Page 7
Item 12., and Item 13. No discussion.
Item 14. Barry Elliott - you need to continually update your Master Plan, Subdivision and Site Review Regulations and not just enact a growth ordinance.
Item 15. This has been reviewed by Mike Garrepy and town counsel. We do have unusual circumstances. Barry Elliott - the disproportionate rate of business vs. residential rate increase is hurting our tax base. Another detriment is the value of some of our housing that doesn't generate much tax value. Some homes house several students which ups our costs of schooling.
Discussion of the UR District. Charlie King suggested putting incentives in place to improve properties (renovations, replacement, mobile home upgrades, etc.).
Hiram Watson - this interim growth management regulation does not pertain to industrial or commercial. It is intended to be on residential development.
Troy Robidas suggested limiting the number of building permits. Why don't we address it from this approach? Brad said the intent was to have PB involvement. There are 495 lots or about 33% not built on. Norm Russell - the idea is to not stop people from building. It is to have time to "plan." Mike Garrepy - you could restrict building permits too. Norm Russell - take stock of what planning we've accomplished since 1998 - not a lot if you look at goals and objectives. Discussion. The PB needs to do their work properly. The CIP was done well but there are many areas to come up with good solutions.
Paul Parker - what do we want Farmington to look like in 10 years? What are the tools we need?
Barry Elliott - informed those present of a STOT Community gathering on June 21, 2003 between 1:00 - 5:00 at the old Town Hall to prioritize issues and get community input. Before we go too far, we need to look at the budget. Jane Wingate - it's worth blowing $30,000 when you look at 60 new units. Discussion. The SWOT meeting is important for input. We need 30 days notice to hold a Special Public Hearing.
Mike Garrepy - the PB needs to post the Zoning amendment 90 days prior. At the time of posting is when this takes effect.
Brad - 90 days before Town Meeting build a comprehensive work plan. Can't we still use SRPC. Don MacVane - we've used the free services offered to us in the past. If you're going to do this, spend the dollars.
Brad - we're asking the PB to approve this for public hearing to allow for changes. This would freeze subdivisions being applied for. Discussion.
Ann Alexander - look at building permits and the regional numbers.
Mike Garrepy - our legal counsel has advised he supports this interim growth ordinance as presented.
Brad - we're asking you just to post this until the next public hearing.
Barry Elliott - concerned about the funding aspect. This is a little premature. Discussion.
Charlie King made a motion to post the Interim Growth Management Regulation for public hearing on July 15, 2003, Ann Alexander 2nd, 4 in favor, 2 opposed, motion carries.
· CIP - Hiram passed out the Farmington School District Capital Improvement Plan. Ann Alexander made a motion to accept this and withdrew her motion. Discussion. Mike Garrepy suggested holding a public hearing to adopt the CIP properly.
Don MacVane made a motion to post the Farmington School District portion of the Capital Improvement Plan for public hearing on June 17, 2003, Troy 2nd , all in favor, motion carried.
· With no further business to discuss, Hiram made a motion to adjourn at 11:35 p. m., Troy 2nd, motion carried. Minutes recorded by Fran Osborne.
APPROVED
______________________________ ___________
Jim Horgan, Chairman Date
Planning Board
Town of Farmington
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