PLANNING BOARD MEETING
TUESDAY, AUGUST 5, 2003
41 South Main Street
Members Present: Jim Horgan, Hiram Watson, Charlie King, Bill Tsiros, Ann Alexander, Gary White
Selectmen’s Rep: Barry Elliott and Matt Scruton
Staff Present: Paul Charron and Fran Osborne
Public Present: Ed & Linda Mullen, John Huckins, John Theriault, Jean Abell, Peter Rizzo, Ron Howard,
Chris Berry (Berry Surveying & Engineering), John & Cindy McKenna, Randy Tetreault
(Norway Plains Surveying & Engineering), Pete Landry (Landry Surveying/Engineering),
Brad Anderson (CC), Gibson Hearn, and others who did not sign in
· Chairman Horgan called the meeting to order at 7:10 p.m. Hiram made a motion to accept the July 15, 2003 minutes as presented, Charlie King 2nd, Ann Alexander abstained, motion carried. Chairman Horgan - the July 30, 2003 minutes will be approved on August 19, 2003.
· Chairman Horgan asked if there were any members of the public present who expressed an interest to serve on the ZAMPS Subcommittee. No candidates present.
· Building Permits on Private Roads – CEO, Paul Charron said he had only one building permit for Fouad Elotmani (Tax Map R6, Lot 208) at Lancelot Shores for a seasonal vacation home 28’ x 36’ single-story on Merlin Road. There is an approved septic system. Hiram Watson made a motion to recommend the Planning Board forward this application for a building permit to the Selectmen for their approval, Charlie 2nd, Barry Elliott opposed, motion carried.
· Discussion/review/comment John Huckins on Chestnut Hill Rd. (Tax Map R2, Lot 54), possible 20-lot subdivision. Chris Jacobs of Crown Point Surveying/Engineering is representing John Huckins (narrative read & attached). Chris has been working for several months on this subdivision which is a deep parcel. Chris pointed out property lines and a wetland area on a plan he brought for the board to see. I understand there is a growth ordinance before the Planning Board. We could have one lot released in the interim. We will work on wetland issues, test pits have been done, topography (the 20 house lots have 1 acre
to 6 acres). Wetland is one lot with the upland area where Mr. Huckins will build a home to be near his family. John Huckins business is building homes so he will be building on these lots. He has met the 40,000 s. f. of contiguous uplands. Chris – I would call this a conceptual plan.
Mike Garrepy – does the length of the road meet the requirements for subdivision?
Charlie King – how far does the road go back. Chris – the road is planned to go in and around the lots 500 – 600’, for a total of 1,500’ and not to a cul de sac. There is an existing woods road (deeded easement across the property for someone else). Because of the wetlands issues, this is what we have proposed (out of the 50 acres, 7 ? acres are wetlands.)
Mike Garrepy – questioned if this was premature development.
Chris Jacobs – when I come back in 30 days for a 2-lot subdivision, I want to subdivide one lot in the corner of the plan from the whole piece. Discussion on existing home and rebuilding it. The wetlands are in the process of being determined as far as Class I, II or III.
John Huckins – beavers have caused a lot of the wetlands by damming up the wet area.
· Discussion/review/comment on procedural points for Perreault Auto Body, Ten Rod Rd. (Tax Map R23, Lot 11), by Randy Tetreault, Norway Plains Surveying & Engineering. A narrative was presented and read (attached). There is an existing Auto Body Shop and they are looking to increase the size of the business to include a new service area. They need a determination how to go. Issues are: (1) expansion of a non-conforming commercial use, (2) building setback requirements and (3) potential special use permit?
Planning Board Meeting August 5, 2003 (continued) Page 2
Discussion on PB granting expansion of a nonconforming use. They can meet the dimensional requirements.
Mike Garrepy – the use exists (expansion of a non-conforming commercial use), an accessory building in the AR zone is allowed.
Randy Tetreault – discussion of drainage ditch/swale for storm water runoff, question on class III wetlands because it carries water. Randy referred to page 14 of the Zoning Ordinance definition of a water body and Limited Development Zone. Setbacks discussed. He doesn’t think setback here is an issue.
Mike Garrepy – discussion on whether Special Use Permit is needed. Randy – there is no crossing.
Hiram Watson – access? Access is off Ten Rod Road.
Randy - the existing buildings all front on Ten Rod Road. We are not making an impact. Setback in the AR zone are 50’ front, 15’ sides. Discussion on Site Review Regulations having different setbacks (1 foot for every foot in height.) I need that clarified. Discussion on 50’ front setback. This will be a metal building with 3 bays facing the road. Discussion on placement of building and how to face it. How would the PB feel on this issue.
Charlie King – access off Ten Rod Rd. for new building. Will there be a connector to existing buildings?
Randy – there will be no entrance from the existing business, it will be separate because of drainage area.
Bill Tsiros – questioned any trees from the building to the road.
Barry Elliott – discussion on putting building further back to go along with what’s there.
Bill Tsiros – discussion on bays facing west. Randy discussed parking requirements. He referred to page 30 of the Zoning Ordinance. Existing parking is on site adjoining existing buildings.
Mike Garrepy – has not seen the plan.
Barry Elliott - asked about the building being accessible to the handicapped.
Charlie King – discussion on 14’ eave height as well as height of new building. Randy - Site Review Regulations say 30’.
Mike Garrepy – a waiver could be requested. Discussion on access to other buildings, waiver for front setback.
Bill Tsiros – the further from the road the building is, the better. He asked about the septic system. Randy – they have their own septic system. They want to separate the auto body shop from the auto service section. Discussion on landscaping the new building.
Randy – discussion on swing of building and setback connection. We’d try to keep the 50’ setback in front and 15’ sides. Ann – try to keep the rural look with landscaping.
Jim Horgan – get with CEO Paul Charron on parking.
· Discussion for Tom DeJulio on 3 waivers (engineering, survey, existing paving situation), Site Review for Tom DeJulio, wants to change status of existing duplex to a 4-unit building on Pearl Lane (Tax Map U12, Lot 16). CEO Paul Charron explained he has looked at this duplex on Pearl Lane. It is set up to convert it to a 4-unit apartment building. Almost nothing will change and most everything has already been worked out. He would like to waive the full-size engineered plans. He has provided a plan 20’x30’ in scale. It is all existing. He can do to-scale plans, but not engineered, stamped plans. There is no drainage problem. He has 12 parking spaces existing and paved. There is exterior lighting, he may need to stripe the lot (10-12 spots). This is a town maintained road. Discussion on work to be done.
Hiram Watson – asked about city water & sewer – yes. Discussion on number of bedrooms – there will be 3 – 1 bedroom and 1 two bedroom apartments. The building is a 3-story building. Work on this building has previously been done.
Barry Elliott – does he meet the 5,000 s. f. bonus for each unit (lot is 21,580 s. f.). CEO said he meets the requirement.
Jim Horgan – asked about drainage. Clark was present and lives across the street and said there are no problems in this area. There is a town maintained drain 50’ from DeJulio’s property.
Planning Board Meeting August 5, 2003 (continued) Page 3
Public Hearing 8:00 p. m.
· Application for Site Review by Tom Demers continuation, 516 Rte. 11 (Tax Map R31, Lot 25), change of use for residential mobile home to drive thru coffee & donut shop, retail/office space. Tom Demers presented a letter asking for a continuance after the ZBA meeting on August 7, 2003. Bill Tsiros made a motion to continue this hearing to September 2, 2003, Ann Alexander 2nd, motion carried.
· Application for Lot Line Revision by David & Linda Delpozzo continuation, Knotty Knoll Circle (Tax Map R44, Lots 29 & 30). Attorney Emmanuel Krasner is requesting continuance until after the ZBA meets on August 7, 2003. Bill Tsiros made a motion to continue this hearing to September 2, 2003, Charlie King 2nd, motion carried.
· Subdivision Review Application continuation by Peter Rizzo, 9-lot subdivision, Phase III (Tax Map R61, Lot 5). Pete Landry (Landry Surveying) is representing Peter Rizzo. At this point we would like to request a waiver for the 100’ tangent. SEA doesn’t want to support the waiver nor does Mike Garrepy, Planner. An additional 75’ wasn’t enough to protect the wetland. I disagree and would like the board to act on the waiver.
Jim Horgan to CEO Paul Charron – questioned the bond required for this project. CEO – there is not a bond right now as it expired in May this year.
Pete Landry – We’ve been talking to the Conservation Commission. We have a 9 ? acre parcel which we are dealing with the town to offer a trade in lieu of the current use penalty. We would be able to eliminate 3 wetlands crossings and provide a 20’ access to the Murray Estate. Assuming the 9 ? acre parcel goes through to the Town, we would eliminate a crossing. We like the roadway as it is designed - to keep traffic down and minimize wetlands crossings.
CEO Paul Charron – letter from SEA Consultants, Inc. (see attached). Discussion on this waiver.
Mike Garrepy – why can’t you change the road? You could meet the regulation then. I wouldn’t see it as an issue then. I support SEA Consulting’s remarks.
Charlie – discussion on wetlands and road change.
Ann Alexander – questioned safety on road curves.
Pete Landry – the curve would keep the traffic slower and is aesthetically more pleasing. This road does not go through – discussion.
CEO Paul Charron – discussion on chronology of Cherub Estates asked for at last meeting – presented at this meeting. Paul said the balance of work on Phase I could be done in 2 weeks to close this and bring Phase II up to snuff.
Charlie King – I think we should consider the waivers as submitted. I disagree with SEA’s recommendation. There is a possibility this one day would become a town road.
Barry – where is the detention pond? CEO Paul Charron – where Waldron Cross Rd. & Cherub Lane meet. Discussion on what was done. Nothing major enough that it couldn’t be ready in 2 weeks.
Barry Elliott – is SEA Consulting going to release a compliance list? CEO – yes.
Ann Alexander – length of road – adding an additional 900 – 1900’ total in the shape of a “T”.
Bill Tsiros – discussion on engineering by SEA Consultants. Talk with Clark Hackett. Bill asked the Conservation Commission for their input on this.
Pete Landry – the main focus was the 9 ? acre parcel which fronts on Bay Road.
Bill Tsiros – discussion on current use tax on the 2 parcels they want to trade off to the Town of Farmington at 10% of fair market value. The whole area is in current use.
John Theriault – displeasure on issues. He said Peter is trying to get issues resolved and I’m happy he is communicating with me. I feel Phase I & II should be completed. We would like to pave, but after his work is done. The builder is using a system that is hard because of subcontractors he is using. I’m behind the Phase III expansion, but after Phase I & 2 are complete.
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Brad – the 9 ? acre piece is between two town forest parcels which could tie the two together.
Ann Alexander – the 9 ? acre parcel is the one to the town. Completion of Phase I & II is necessary before starting Phase III. Discussion on waiver issue, less impact to wetlands, question of wetlands, town standards on the roads and curves on the road.
Charlie King – discussion on ruling on the waivers – continue to next meeting to complete Phase I & II.
Bill Tsiros – discussion on engineering and DOT standard for roads.
Pete Landry – discussion on process.
Barry Elliott – there are issues outstanding to be resolved. Phase I & II need completion. I’m not in favor of granting the waiver. I would like to see what happens with the 9 ? acre parcel. He questioned pedestrian walks. Pete Landry – there will be an easement when the road is worked out).
Barry Elliott – I make a motion to decline the waiver on the request for the 100’ tangent for the road, Ann 2nd, vote 4 yes, 1 opposed, motion carried.
Charlie – I make a motion to continue Peter Rizzo to October 7, 2003, Bill Tsiros 2nd, to allow applicant to complete work in Phase I & 2, Mike Garrepy’s list letter & finalization of the 9 ? acre parcel the Town of Farmington is considering to purchase in lieu of current use tax, motion carries.
· Barry Elliott made a motion to recess at 8:40 p. m., Bill Tsiros 2nd, motion carried. The meeting reconvened at 8:50 p. m.
· Scenic Road Tree Cutting/Maintenance Work Reservoir Road by the Town of Farmington. Clark Hackett (Road Agent) is present and said based on input by the Board of Selectmen and residents, they would like to see improvements made. The Highway Dept. needs permission to cut trees 15” in diameter or better, 4 feet from ground level & brushy vegetation to be able to reconstruct ditch lines on the Reservoir Rd. on both sides of the road from the intersection of Meaderboro Rd. down Reservoir Rd. about ? mile. Clark stressed he wants to do it right the 1st time (see attached letter from Clark Hackett). He needs to
remove a small section of Hearn’s retaining wall and replace with 120’ of closed culvert. This will allow 2-way traffic. The water will still go the way it is. Next year we will possibly hydro seed and then bush hog for maintenance. The grass will slow water runoff. At present heavy rain allows water to run with large rocks. The silt gets carried downhill and blocks drainage. Our intent is not to rape the land. In time you will get the umbrella effect. I have met with the Hearn’s family and he was agreeable to what was to be done. Mr. Hearn later called the Town Administrator with concerns. I will stay away from his lamp post. The town’s right-of-way is 49 ?’.
Gibson Hearn, 6 Reservoir Rd. – questions on taking his whole wall. The lamp post is 18’ from my house. My house is close to the road. I’m concerned about how close he will come to my house. As it is, the whole project needs to be looked at.
Clark Hackett – water percolates right in the middle near his and Manny Krasner’s house. A rock basin will be built. Ditches will be dressed up and will run to sides, culvert set back 4 – 5’ outside his lamppost, a small section of his wall (4 – 5’) will be removed, his lawn landscaped and culvert installed to give him access to the rear of his home. He wasn’t opposed earlier, but is now. Discussion on correction and major safety issues (school bus, large vehicles, 2-way traffic). My concern is someone has to stop at the top for someone to go through. We will remove 4 – 6’ of the wall & dress up the lawn & enclosed drainage structure to allow 2-way traffic. Ed Mullen, speaking for Manny Krasner –
don’t move our culverts, don’t cut the big ash (Clark said it won’t be cut). He wants cut wood over 14” in diameter. What about paving? In 1995 Dick Magnifico talked about paving in 2004. What’s going on?
Ed Mullen – it is a dangerous situation on this road here & it needs to be corrected. I would like to see as little of the wall taken as possible, but whatever is necessary for correction is needed. There’s a mixed bag as far as paving goes. Discussion of geo-textile fabric with gravel on top to help water situation.
Discussion on roads being worked on this year & next (Hornetown Rd.to Ten Rod Rd. and Meaderboro to Merrill’s corner to Rochester Rd. next year). I don’t know if we’ll continue maintenance of dirt roads that
Planning Board Meeting August 5, 2003 (continued) Page 5
dirt roads that we’ve done since 1990 – this has been discussed at Board of Selectmen’s meetings. I think it would be good to continue paving projects as well as maintain what we have – no decisions have been made yet.
Karen Knights, 62 Reservoir Rd. – they’ve done a good job on Reservoir Rd. It is a terrible road, especially in the winter. It is dangerous at the top of the hill & something needs to be done. What effect will ditching have on my culvert?
Clark Hackett – once we’re done we’ll lay a mat next to the Reservoir & cut a ditch on your side & continue to the corner of Sheepboro Rd.
Ed Mullen – I hope when you pave it you do from the top to the Sheepboro Rd. (9/10’s of a mile). Discussion.
Brad Anderson – Reservoir Rd. is narrow at the top. I understand people’s concerns. The groundwater bubbling up is a concern. Clark – we are going to fix that. Brad – what about the stone wall across from Hearns? Clark – we will only take trees spaced out to keep aesthetics. In the winter it is tough to plow – we are almost rubbing Hearns wall. Brad – questioned being able to cut a jog on Brad Wingate’s property. Is this possible? Clark – we have not been in contact with Mr. Wingate nor has he attended meetings. Discussion on width of Reservoir Rd. and people driving 45 – 60 on this road.
CEO Paul Charron – discussion on Bradley Wingate giving up some of his land on the corner of Meaderboro Rd. & Reservoir Rd. In 1817 – 1876 deeds indicate a 3-rod width of road on Reservoir Rd. This is a legal question and complicated. Discussion on centerline & 24’ either side.
Bill Tsiros – the homeowner should initiate to come to the town and correct. Clark knows these roads and is addressing concerns and what needs to be done.
Hiram Watson – Clark will be doing the work – Clark showed Mr. Hearns and those present what he is proposing on his property. Discussion on people driving on top of the new culvert.
Barry Elliott made a motion to allow the Town of Farmington to complete the work required per the letter submitted to the Planning Board which involved safety concerns and needed maintenance to Reservoir Rd., Ann Alexander 2nd, motion carried. Discussion on agreement between landowner & Clark Hackett as to what will be done. Bill Tsiros – I wouldn’t add this condition.
· Site Review Application by Mary, Jeffrey & Jason Buote, Hornetown Rd. (Tax Map R59, Lot 15), 2-lot subdivision. Randy Tetreault, Norway Plains is representing the Buotes. He presented plans & a narrative (attached). CEO Paul Charron – application is complete. Randy – this is a 2-lot subdivision. A one 3-acre lot on Hornetown Rd. across from Peaslee’s property will be subdivided from the remaining 125 lot. Mary Buote wants to subdivide a lot to include the existing home. Randy explained the 40,000 s.f. of uplands is met. Mike Garrepy’s review of comments August 4,
2003 (attached) were reviewed with the PB. A waiver of Section 4.08 B & C of the Zoning Ordinance (full boundary plan for entire parcel & location of all buildings within 200’ of the site, intersecting roads & drives within 200’ of the site. The property to be subdivided has the 250’ frontage requirement. Randy would request waiver of the boundary survey. Change spelling to “Buote”, land sheet should accurately depict location of abutting land R59/14 to the southwest of the proposed lot.
Barry asked if there were any wetlands. Randy – it’s steep land.
Randy submitted waivers (attached). No abutters were present.
Charlie King made a motion to accept the application as complete as well as the waivers, Bill Tsiros 2nd, motion carried. Bill Tsiros made a motion to accept the plan as presented, Charlie King amended to add with minor changes per Mike Garrepy’s memo of August 4, 2003, Ann Alexander 2nd, motion carried.
· Application for Site Review by Ron Howard (Tax Map R32, Lot 22-6), Sarah Greenfield Business Park, to construct a 5,000 s. f. building for marble/stone work. Chris Berry of Berry Surveying & Engineering is representing Ron. He presented narrative (attached). Chris Berry apologized for points in M. Garrepy’s memo that were not addressed on the plans and narrative. The proposed well and septic plan
Planning Board Meeting August 5, 2003 (continued) Page 6
have not received approval yet. Electricity will be underground to the building. There will be low traffic volume with ample parking & 2 handicapped spaces. There will be ramps. Chris Berry asked if he could get M. Garrepy’s comments sooner than 3 hours before the PB meeting. Discussion on requirements in IB zone (250’ frontage & 35’ sides & rear.)
Bill Tsiros – there are special covenants at Sarah Greenfield Business Park. There are special circumstances on each lot. The Town of Farmington is the only one who can change requirements. Discussion.
Chris Berry – if there are special covenants, I would ask waiver of 50’ to 20’ which was existing when the lot was prepared. Discussion on these being lots of record and building being closer than 50’. Since this was subdivided in 1997 the lot is grand fathered as a substandard lot of record. You may have to go to the ZBA. Driveway permits and pavement are shown on the plans & where the gravel will meet the pavement. There will be no outside sign structure. When this parcel was originally subdivided, there were no wetlands. We do not feel we should have to be required to delineate and go through that expense. There are no wetlands on this lot. Discussion on lot. I will show utilities running to the building.
Dave Berry (Engineer) will stamp overall plan. Grass on sides and front and hedging between his and storage facility will be done. Discussion on addressing covenant issues, wetlands and landscaping. There are no proposed drainage structures. Sheet flow will be sucked up by gravel and curbing is not recommended. Water will run to the back of the property which is sloped. DES subsurface approval is necessary. Discussion on gravel turnaround into bay of the building, also in the back. Ron Howard said the biggest truck coming & going to his business will be 25’ long.
Ann Alexander – asked about retail sales. He will be selling wholesale products. No retail.
Discussion on storage of excess materials out back. Look at the covenants.
Mike Garrepy – designate area on plan for dumpster pad. Drainage needs to be reviewed. That’s why the engineer looks at it. Discussion on elevations and drop off.
Ann asked about dust. Ron explained he has a system using water to deal with dust.
Ron Howard – I intend to fence the back side.
Discussion on drainage – look at the original subdivision and see if there is a drainage study/analysis. This will determine if SEA needs to engineer the plan..
Jim Horgan – get with the CEO Paul Charron and check covenants, landscaping, soundproofing, safety, etc.
Barry Elliott made a motion to continue Site Review Application for Ron Howard at Sarah Greenfield Business Park to September 2, 2003, Bill Tsiros 2nd, motion carried. Discussion on submitting an additional drainage analysis. Mike Garrepy suggested having SEA review the drainage analysis submitted. Barry Elliott – originally a drainage analysis was done but not after building have been put in place.
· CIP Update – Hiram said a CIP Subcommittee has been suggested as follows:
Hiram Watson, Ernest Creveling, Troy Robidas, Sylvia Howard, Joan Funk & Gibson Hearn.
Bill Tsiros made a motion to approve the above nominees to the CIP Subcommittee, Charlie King 2nd, motion carried. Hiram said a letter will be sent out August 12, 2003 requesting input for the CIP.
· With no further business to discuss, Bill Tsiros made a motion to adjourn at 10:35 p. m., Hiram Watson 2nd, motion carried.
APPROVED
_____________________________________ ___________________________________
Jim Horgan, Chairman Date
Planning Board
Town of Farmington
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