PLANNING BOARD MEETING
TUESDAY, JULY 15, 2003
41 South Main Street
Members Present: Jim Horgan, Hiram Watson, Jerry White, Charlie King, Don MacVane, Troy Robidas,
Bill Tsiros
Selectmen's Rep: Barry Elliott & Alternate Matthew Scruton, Selectman Jerry McCarthy also present
Staff Present: Paul Charron, Fran Osborne & Town Administrator Ernest Creveling
Public Present: John & Jane Wingate, John Huckins, Dave Mott & Chris Jacobs of Crown Point Surveying
& Engineering, Randy Orvis of Orvis & Drew, Norman & Margaret Russell, Victor Lapierre, Nancy Theriault, Ann & Bruce Hardy, Joyce White, Melissa Herrebrugh, Brian Sayers, Matthew MacVane, William & Betty Vachon, John Nolan, Marilyn Robicheau, Edmund Demers, Norman Morse, Louise & Richard Hoage, Dorinda Howard, Alicia Sprague, Cynthia Paulin, R. Hamel, Susan Pretty, Ruth & Jeff Vaughn, Bob Frizzell General Contractor, James & Sylvia Spaulding, Brad Anderson (CC), Paul Parker (ZBA), Diana Appel, Gary Tremblay Contractor and others not signed in
· Chairman Horgan called the meeting to order at 7:00 p. m. The agenda for this evening was read to those present. If the room becomes too crowded meeting will be moved to the Firehouse. The PB minutes of July 1, 2003 were reviewed, motion by Hiram Watson to approve as presented, Charlie 2nd, motion carried.
· New Business: Chairman Horgan seated DonMacVane for Ann Alexander. CEO Paul Charron presented 5 building permits on private roads for PB consideration. CEO explained Robert Pomerleau has 4 contiguous lots he will be building (1) home on at Lancelot Shores. Question was asked where home would be located on the property. CEO - he may do a voluntary merger after locating his home. Setbacks have to be met. Lancelot Shores has an association, Hersom Lane off Dick Dame Lane does not.
Charlie King - aren't they required to have an association? CEO - I don't know if we can make them have an association. There are 3 homes there now on Hersom Lane. Discussion.
Bill Tsiros - Hersom Lane back in the early 70's had a special agreement with the town that the people there would maintain that road - there should be town records of it. Building permits submitted include 2 for Morris Pigeon (Map R6, Lots 56 & 57) Lancelot Shores, he is building 2 small homes; David Balkus, (Tax Map R6, Lot 123), 180 Camelot Shore Dr., he is building a seasonal home; Robert Pomerleau (Map R6, lots 196, 197, 205 & 206) building a log home; Brian Sayers (Map R34, Lot 3), Hersom Lane, he is building a modular home. Discussion on procedure for approval - doing all at once or individually.
Hiram Watson made a motion to recommend these building permits to the Selectmen for their approval, Don MacVane 2nd, discussion on Hersom Lane permit, motion did not carry. Board members decided to do permits individually. Hiram made motion to approve Morris Pigeon's (2) building permits, Don MacVane 2nd, Barry Elliott opposed, motion carried.
Don MacVane made a motion to accept Brian Sayers building permit application for Hersom Lane and recommend to the Selectmen, Hiram Watson 2nd, 3 opposed, 3 for, Jim Horgan voted to break the tie making the vote 4 to 3 in favor of recommending to selectmen for their approval.
Troy Robidas made a motion to recommend 2 building permits for David Balkus & Robert Pomerleau to the selectmen for their approval, Hiram Watson 2nd, Charlie King amended to include location of building on 4 lots owned by Robert Pomerleau be provided, motion carried.
· Mike Garrepy Fee Schedule (see attached). Mike Garrepy suggested taking our existing schedule and refining it. Revamp the Subdivision & Site Review Regulations to include recommended changes with $500.00 fee up front to be put in escrow (to be worked out with Town Administrator & Board of Selectmen). Discussion on fee schedule. CEO Paul Charron brought up 3.02 (c ) $1.00/ft. of proposed
Planning Board Meeting July 15, 2003 (continued) Page 2
roadway - SEA's fee is $1.25/ft. Will check into this and Mike Garrepy will make changes and try to get changes back to us ASAP.
Jean Pease questioned Planner Mike Garrepy asking him what his purpose is here. Chairman Horgan explained the PB needed input assistance to bring Farmington's regulations & ordinances up to standards as well as provide assistance with Subdivision & Site Review Applications and whatever else may be required. Fees have been developed per an hourly rate. Discussion of Class VI roads. Chairman explained we have a "Class VI Road Acknowledgment and Notice of Limits of Municipal Responsibility" for these as well as private roads which is signed by property owner and recorded at Registry of Deeds to absolve the town of liability issues.
Troy Robidas - discussion on 3.02 (c ) $500.00 fee will be required. Discussion on this.
Mike Garrepy - the developer should bear the development cost, not the tax payers or town. Fees may be returned if not needed. If no outside review is necessary, the whole fee would be returned.
Bill Tsiros - referenced 3.02 (c ) - who decides if Special Investigative Studies are needed? Subdivision fees - who decides what fees to be charged and for what? Mike Garrepy said the escrow fee may be used for other studies other than planners fee. Discussion on this.
Barry Elliott - I thought we were going to keep Special Investigative Costs separate from planner costs. I'd rather see planning review separate from Special Investigative costs.
Mike Garrepy - I can break this out into (c) & (d) to cover these as separate and establish separate fees.
Barry Elliott - this would give us a good idea of what we are spending and be able to track expenses.
Charlie - agrees with Barry. Applicant should only pay Special Investigative Costs after it is established they are necessary.
Mike Garepy - I will tighten up the language and get this changed and back to you.
Hiram Watson made a motion to continue Mike Garrepy Fee Schedule to August 5, 2003, Don MacVane 2nd, motion carried.
· Standards for Building Permit Process for Private Roads in accordance with RSA 674:41/amend subdivision regulations - add new section 4.19 to include these standards - accept as official document.
Charlie King made a motion to continue this to after the Interim Growth Management Ordinance to be heard this evening, Bill Tsiros 2nd, motion carried.
· Site Plan Review Application continuation by Barry & Angela Elliott (Tax Map U6, Lots 68 & 68-1), Elm St., expansion of car wash - wash bays & new office. Barry Elliott is off the board and Matt Scruton is seated for Barry Elliott. Chris Jacobs & Dave Mott of Crown Point Surveying & Engineering are representing Barry. Chris presented new plans as well as copies of the completed drainage analysis. He went over the items on Mike Garrepy's list to be completed:
(1) Delineate on the plan where gravel is limited and paving is to be. Paving will be past dumpster to the handicap area and around back to paving that is there (which will be replaced). The remainder is gravel.
(2) Car wash finished floor elevation is shown, parking spaces for the apartment building - 13 spaces required or 1 1/2 per unit - we have proposed 17 spaces shown
(3) Drainage - 2 dry wells with perforated pipe & stone will be used. On the low spot just over the line, we have agreed with DOT to put in a catch basin. There is also a catch basin in the corner of the parking lot wrapped in stone for slow filtration rate. Water will be stored in the basin. Curbing will be used to direct the water flow.
CEO Paul Charron had no comments as he did not have time to review the plans and drainage analysis.
Charlie King - I looked it over quickly and everything seems to be consistent.
No abutter comments.
Don MacVane - discussion on gravel area and if same process would be used as for paved area. Chris said
it would and it would work fine.
Hiram Watson - looks fine.
Planning Board Meeting July 15, 2003 (continued) Page 3
Charlie King - I have no concerns if the engineer is confident of calculations and that they will work.
Troy Robidas - locate dumpster on plan. Chris Jacobs explained page 3 shows the dumpster pad and fence.
Discussion on height of fence. Chris suggested 8'.
Mike Garrepy - has not reviewed the plan as it was just received
Don MacVane made a motion to accept the plan as presented with the caveat that an 8' high fence be
noted on the plan for the dumpster, Bill Tsiros 2nd, Don amended 8' high fence be changed to 6' high
fence after discussion with Bill Tsiros on potential problems with an 8' high fence, motion carried.
Matt Scruton is off the board.
· Hiram Watson made a motion to recess at 8:00 p. m., Bill Tsiros 2nd, motion carried. Meeting reconvened at 8:15 p. m.
· Interim Growth Management Ordinance. Chairman Horgan - it is the PB's purpose to hear this tonight and then decide whether to advertise for Special Town Meeting. Chairman Horgan asked who is on the ZAMPS Subcommittee - Brad Anderson, Charlie King, Hiram Watson Ann Alexander, Norman Russell and Paul Parker. Brad will be presenting an information packet on the Farmington Interim Growth Ordinance to the public and PB (copy attached).
Joy Howard asked if the PB will be making a decision tonight. Chairman Horgan - yes.
Charlie King - suggested another subcommittee may be formed for just updating the Master Plan. Use help from Coop Extension Service (community statistics). The ZAMPS Subcommittee will continue to work on the Zoning Ordinance and other regulations & ordinances. The Master Plan should define how the community wants Farmington to grow. Utilize a "conference committee" to do the final coordination of new provisions. We have reviewed items in order of - critical, medium and least critical concerns. Discussion on 3 things prohibited for a year in the proposed ordinance are:
(1) New residential subdivisions
(2) New condominium development
(3) New multi-family development
Discussion on what is exempt as follows:
(1) annexation & boundary line adjustments, wherein additional parcels or lots are not created
(2) subdivision of 1 lot into 2 within the period of this ordinance
(3) development proposed within existing structure
Charlie King - discussed updating of the Master Plan. If we do not stop development we may be faced with growth we will not be happy about.
Chairman - this will be put up for a Special Town Meeting if so voted at this meeting. Discussion on whether to put this before the town. This is an interim measure. Meeting opened to public input.
Jerry McCarthy - is the subcommittee in agreement to submit this to the PB. Answer was yes.
Jim Spaulding - I've lived here 10 years on Dick Dame Lane & the PB has been going through the back door. I'm glad to see something is finally being done.
Norm Russell - (see attached letter which was read at the meeting).
John Wingate - presented a petition received with 250 signatures.
Cindy Paulin - PB composition changes frequently. I support building in time for people on the PB to work on changes and town's vision.
John Nolan - Page 7 #19, discussion on a bottling plant and regulating the possibility here. Another is #2 - Sexually Oriented Business. This is needed. Discussion of procedure to post for public hearing.
Marilyn Robicheau - I don't see a downside to bringing this to the community. Bring in all the people at the Special Town Meeting.
Jean Pease - discussion on building permits being out of control at this time. Discussion on 65 units off Elm St. and conditional approval of this development.
Chairman Horgan - if the PB votes to approve this tonight, then it will take effect.
Planning Board Meeting July 15, 2003 (continued) Page 4
CEO Paul Charron - Farmington Ridge & Cherub Estates were discussed as places where there are multiple lots.
Randy Orvis - no disrespect intended to any board members, but statements in this document are misleading. Discussion on #9 - subdivision approval vs. building permits. This document is poorly written as are other regulations and ordinances. It doesn't limit building permits - they will build on lots of record. It's counter productive. It gives developers a year to develop their plans and we'll have 72 plans here in one meeting at the end of the year. Let the planner make recommendations to the PB. Attend other local towns meetings & see how they operate. Write regulations & ordinances & review subdivisions without getting into it at the PB meetings.
Chris Jacobs - I'm a resident of Milton. I'm concerned about the ordinance being approved by the local legislative body for Special Town Meetings and these are not easily granted. I am a licensed land surveyor and professional engineer. Concern - limit time PB spends on new subdivisions before the PB. Discussion on previously approved lots being built on, #2 Sexually Oriented Business would affect me being only 3 miles away from Farmington. The ordinance does not prohibit this or a drinking water company from coming here. Are we in some respects missing the boat? I agree with Randy Orvis. It won't stop growth in Farmington. Establish a CIP, impact fees, etc. Discussion.
Brad - we tried to limit the PB's work load. This is not intended to be a solution, but just to give the PB time for work load. Our use of the planner's consulting services is now about 6 months. We have not been using work session meetings.
Bill Tsiros - I see here a debate. Let people form their own mind.
John Huckins - have you interviewed any consultants for the Master Plan.
Brad - there is a budget of about $20,000 for the Master Plan alone. Discussion on true facts being presented. What research is in place? You're putting the cart before the horse.
Norm Russell - we also have a staff planner to help with planning tasks. This was to provide planning expertise.
Tom Brennan - supports the Interim Growth Management Ordinance. The idea is to rewrite "poorly written documents." What's to say we can't limit building permits?
Charlie King - implement permanent growth ordinance to do that. Triggers would have to be in place. We would have to do comparisons with other surrounding towns.
Margaret Russell (see attached letter read at the meeting).
Joyce White - if this comes to vote at a Special Town Meeting, can we bring it up again if it does not pass.
Chairman - yes.
Jerry McCarthy - I think you ought to listen to the subcommittee on their recommendations.
Brad - the draft of this was done by the planner & legal counsel input. I want to urge the PB to give this to the voters.
Hiram made a motion to recess at 9:15 p. m. for 10 minutes, Charlie King 2nd, motion carried. Meeting reconvened at 9:30 p.m.
Chairman Horgan - officially accepted a petition from John Wingate signed by 250 petitioners in town. "The undersigned residents of Farmington, NH, urge the PB, at the Public Hearing on July 15, 2003, to immediately put before the voters, by ballot vote, the Interim Growth Management Regulation, and to call for the ballot vote ninety days after the July 15th hearing."
Cindy Paulin - how do you involve the community in the Master Plan?
Brad Anderson - meetings like SWOT. We would like to do a survey for ideas and public input. Cooperative Extension input may also help and be involved with community profiling.
E. Creveling - gave an explanation on public input through a community profile process - they come to town and meet with the group. On July 21, 2003, they will come and talk with the Board of Selectmen. There is the possibility they will do 3 evening meetings. These meetings will be similar to the SWOT meeting but more intent. Regional town area meetings were also discussed.
Margaret Russell - concerned about growth in town.
Matt Scruton - who would do revisions to the Master Plan?
Planning Board Meeting July 15, 2003 (continued) Page 5
Chairman Horgan - explained that the subcommittee would present these revisions to the PB for their consideration. Discussion on fine tuning the subcommittee and possibly a new committee.
Paul Parker - I'm feeling we are up for a lot of growth. The IGO would allow us the time to enhance what we have and allow a better town. Allow citizens to vote how the town should go.
Bob Frizzell (Contractor) - I'm a developer. Two homes out of six we've put in Farmington have 2 children coming into town schools. If every town in the Seacoast did what Farmington is doing, there would be major layoffs in the area. This would hurt many people. I don't think this is the way to handle growth.
Margaret Russell - just because you buy a large piece of land doesn't mean you have the right to develop it the way you want.
Randy Orvis - the voters of this town should have the right to vote, but not this document. We need something that will actually work.
Bob Frizzell - discussion on Milton's Master Plan and its inadequacy (response/input was limited).
Jane Wingate - give equal weight to those who have a vested interest at our expense. The 250 people who signed the petition want this to go to the voters.
Margaret Russell - go through Findings of Fact as to why you voted the way you did.
Chairman closed public portion of meeting.
Troy Robidas - feels this should go to town vote. How do we collect community input? We need a better way of getting to the public. Will it be a questionnaire?
Brad Anderson - everyone has complained there wasn't enough public input. Community profile process and SWOT are possibilities.
Troy Robidas - do we need professional help? It was explained we have Stafford Regional Planning Commission (SRPC), Cooperative Extension Service and Planner - Mike Garrepy.
Don MacVane - discussion on 10% who replied to our last questionnaire.
Charlie King - this is a proposal that Mike Garrepy and legal counsel had input to. I would like someone like Randy Orvis to bring forth his suggestions. We need to get our homework done, but need community input. We need all input we can obtain. We are volunteers trying to make a difference.
Bill Tsiros - I agree the subcommittee did a lot of hard work being volunteers. I'm not part of the "good old boys", just the "old boys." I haven't made up my mind how to vote yet. Where's the facts? I only see probabilities. If we pass this, what's the effect on elderly housing possibilities, possible university of whatever. Discussion on taxes, building permits, building more classrooms, existing buildings. Work on the Master Plan, Zoning Ordinance, then the PB. These things need to be addressed.
Hiram Watson - I'm one of the "old boys" not the "good old boys." I respect everyone on this board. Everyone working together gets things done. Use Mike Garrepy more. I'm on the ZAMPS Subcommittee so you know what my vote is going to be.
Barry Elliott - we have $6 - $14,000.00 to fund this process. No town can ever say we've perfected regulations and ordinances. The town constantly changes. The same people come meeting after meeting so you always have the same people attending. Look at the SWOT brainstorming results - it coincides with the list by ZAMPS. I have concerns if this will really change things. I don't think it will affect growth in this town. The voters need to decide, but we need more people attending - new and old residents.
Don MacVane - I don't think this is the right document to do what we want. We need to do research. If we do this tonight, we may be sending the wrong message. We need people commitment, support to pull this off. We can put this on the ballot next March as a normal course of business to avoid extra costs to the town.
Gerry White - we need this because we haven't been using our "workshop sessions."
Chairman Horgan - we need to qualify some of this stuff. Time line - it's going to be tough. Building permit limits need to be considered also. This may be taken care of by other administrative procedures.
Mike Garrepy - 90 days from posting of the ordinance, a Special Town Meeting needs to be held. You could continue this public hearing process to fine tune the language.
Brad Anderson - Kathy Seaver said she could pull it together.
Charlie King - can we basically recommend this to the public?
Planning Board Meeting July 15, 2003 (continued) Page 6
Mike Garrepy - once it goes to the next public hearing, it can't be changed. No new subdivisions can be accepted since public hearing notice on July 3, 2003 if the ordinance is approved. Discussion. RSA Development (Elm St.) and Cherub Estates would be exempt from this.
Special Town Meeting would have to be on or before October 1, 2003 which is 90 days. Notice - bring back to about September 1, 2003. Discussion on dates.
Mike Garrepy - consider changes for next meeting on August 5, 2003. Post in final form for 2nd meeting in August (August 19, 2003). Discussion on meeting date. Each public hearing has to be noticed in the paper.
Discussion on options. Redefine what we are restricting. Discussion on list of items to be worked on.
Charlie King - get input from valuable sources.
Bill Tsiros - I need time to review this as I haven't been able to look it over.
Barry Elliott made a motion to continue to a special meeting the "Interim Growth Management Ordinance to be held July 30, 2003 at 7:00 p. m. for the sole purpose of discussing revisions to this document only," Bill Tsiros 2nd, all in favor, motion carried.
· Barry Elliott made a motion to continue the "Standards for Building Permit Process for Private Roads in accordance with RSA 674:41" to August 19, 2003, Bill Tsiros 2nd, all in favor, motion carried.
· With no further business to discuss, Bill Tsiros made a motion to adjourn at 10:30 p. m., Charlie 2nd, motion carried. Minutes recorded by Fran Osborne.
APPROVED
__________________________________ ___________________________________
Jim Horgan, Chairman Date
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