PLANNING BOARD WORKSHOP MEETING
TUESDAY, AUGUST 19, 2003
41 South Main Street
Members Present: Jim Horgan, Don MacVane, Charlie King, Hiram Watson, Troy Robidas, Gerald White,
(Bill Tsiros called in to be absent)
Selectmen's Rep: Barry Elliott & Matt Scruton (Alternate Selectman)
Staff Present: Ernest Creveling (Town Administrator), Paul Charron CEO, & Fran Osborne, Secretary
Public Present: Brad Anderson (CC), town counsel Attorney Tim Bates, Mike Garrepy (Planner), TV
coverage (Graven Images), Packy Campbell
· Chairman Jim Horgan called the meeting to order at 7:00 p. m. Minutes of July 30, 2003 were motioned for approval as presented by Hiram Watson, Charlie King 2nd, Don MacVane abstained, no discussion, motion carried. Motion by Hiram Watson to approve as presented minutes of August 5, 2003, Gary White 2nd , Troy Robidas & Don MacVane abstained, no discussion, motion carried.
· Chairman Horgan seated Gary White and Don MacVane for Bill Tsiros and Ann Alexander.
· Chairman Horgan presented 3 memos as follows:
(1) Guidance: Zoning & Master Plan SubCommittee - Designated Chair: Brad Anderson (see attached).
Discussion on expenses (planner & legal). Back up what we state, we need supporting documents. Work with what we are given as it comes in. Get aerial photos - paint a picture of zones. Define quality of life and how we can influence to prevent shoddy contractors, development, etc.
Subcommittee - define what you want in Farmington and bring to the Planning Board for approval & review. Negotiate issues before the boards. We need some flexibility and enforcement capability - seek legal counsel on enforcement issue.
(2) Research Subcommittee - Designated Chair: Don MacVane (see attached).
Collect and organize statistical data for a library. Identify resources. Discussion on coordinating with ZAMPS Subcommittee.
(3) Request for Assistance to Planning Board from Chairman Jim Horgan (see attached)
Charlie King - presented a 2003/2004 Planning Activity for ZAMPS Subcomittee (see attached).
Discussion on completed ordinances and regulations vs. drafts. Charlie asked PB members to review outline presented for next meeting. We are not telling you how to run the subcommittees. We need as many people as we can get for the Research Committee. Discussion on ZAMPS members and need for more members.
· Special Town Meeting Process with legal counsel, Tim Bates & Town Administrator, Ernest Creveling.
CEO Paul Charron - how does the town go about it? Will it be special ballot or vote by show of hands?
Tim Bates - Selectmen have the responsibility to call the Special Town Meeting. There's flexibility. Official ballot must be used as in annual Town Meeting in March. A less certain question - business portion before voting is un-chartered territory. There is nothing concrete - the official ballot is for the zoning amendments & election of officials. Ballot is mandatory. Polls must be open 8 hours. This timeframe is to be decided by the Board of Selectmen. Keep this as familiar as we can. Are you going to have deliberative session before the meeting? You can debate & discuss it. My take is it isn't required. You can have just the vote, but it is not illegal for a 2-part vote. Discussion on 2 days for Special Town
meeting. The Planning Board can make a recommendation to the Board of Selectmen. It is their call. Discussion by chairman on other articles being added.
Tim Bates - the PB can add articles as long as they are not financial in nature. The Planning Board's recommendation on the Interim Growth Ordinance to the Board of Selectmen is necessary, the Board of Selectmen could add articles if not financial. Zoning amendments can only be done at the annual town meeting in March.
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CEO Paul Charron - when can this meeting happen.
Tim Bates - discussion on 90 days from July 30th or from July 16th.
Mike Garrepy - RSA 674:23 on page 261. Discussion on 90 days from original posting on July 3rd or what is 90 days from?
Tim Bates - 90 days from the final version on July 30th. Discussion on tabling major subdivision from July 3rd public hearing Planning Board meeting (this is the ultra conservative date to avoid any issue at all).
CEO Paul Charron - should the Planning Board ask the Board of Selectmen at the next Selectmens meeting? Town Administrator will schedule this on agenda.
E. Creveling - deliberative session discussed before vote. Planning Board can forward recommendation on this to the Board of Selectmen. The Planning Board could have a public hearing for informational discussion on the IGO before vote.
Don MacVane - recommended same voting hours as annual Town Meeting. Discussion.
Don MacVane made a motion to recess at 7:55 p. m., Hiram Watson 2nd, motion carried. Meeting reconvened at 8:05 p. m.
· Chairman Horgan read & accepted a letter of resignation Ann Alexander brought in effective this evening as Ann has moved to Milton.
· Packy Campbell - comments on IGO and Planning Board process. (see attached). Discussion on the Planning Board writing what they want on the ballot.
Tim Bates - responded that he would write up the ballot.
Packy Campbell - I've done an informative piece and typed in under the IGO in bold my remarks (attached). Discussion.
Charlie King - I wish you had brought this to our open public hearing meetings before the final document was decided on.
Packy Campbell - I was told August 19th was to be the last meeting on the IGO. As a local landowner, I'm drastically affected by this. My moral values and integrity is important. Packy particularly referenced items (1) Is this a truthful statement? The Master Plan was last updated November 26, 2002, not 1998. Discussion.
(2 & 6) Discussion. These two statements are in direct conflict with each other.
(3) CIP, Master Plan & Zoning Ordinance do not adequately address public impact fees per RSA 674:21.
We have impact fees, but not defined as such. There are water & sewer fees saved for related costs to these systems.
(4) Discussion on student population increase in schools. In 4 years, 68 or .3 increase in students over a 4-year period. Use the current tax rate posted before this document. Discussion on adding more houses on water & sewer in town diversifying costs. The outlying septic & well homes (2600) do not pay these associated costs as they are private homeowner costs on wells & septic systems.
Packy - the only people who will show up at informative IGO meeting are the extremists.
Discussion on Attachment "A" on the Town Warrant at last town meeting (attached), particularly Section 4.04 Waterfront Protection Overlay District & accompanying map to show confluence. Packy felt the diagram does not represent the law - it is contrary to the CEO, Paul Charron's interpretation. He is charged by state law to make this interpretation. The diagram is a misinterpretation. Discussion of "on" waterways.
Charlie King - this is not the forum for this discussion.
Packy Campbell - all public meetings are open to the public. Unintentionally or intentionally, things were changed before the voters. I think this could be put before the voters.
Charlie King - I object for the record that this is not the place for this.
Don MacVane - as an elected official, we should let him speak.
Packy Campbell - discussion on "Cluster Regulations." This was rescinded by the Planning Board. It should be a part of your ordinance. You could put other items - Section "E" of the cluster regulations isn't perfect - the word "area" was lacking in this document. Discussion on flexibility - you the Planning Board
Planning Board Meeting August 19, 2003 (continued) Page 3
have complete flexibility. Discussion on other developments creating "sprawl." He gave examples of 2 developments across the street from each other on Governors Road. Chairman Horgan thanked Packy Campbell for coming and asked him to attend the subcommittee meetings.
Discussion on Special Town Meeting: chairman defined issues to be dealt with: (1) ballot all-day process; (2) have legal define question to the Selectmen on the Special Town Meeting; (3) can't have any money; (4) July 3rd start date for setting Special Town Meeting; (5) need motion from the Selectmen to hold a deliberative session for the town's people prior to Special Town Meeting.
Tim Bates - you can't change the IGO at this point, to my knowledge.
Charlie King - I think we could have a Planning Board deliberative session.
Hiram - I would like the Planning Board to meet with the Selectmen.
Ernie - informational town meeting could be held to talk about this ordinance to be followed by vote on such & such a date. Discussion.
Hiram - questioned the cost - discussion on this.
Tim Bates - I think it would be a mistake to not hold either a Planning Board informational session or formal deliberative session.
Town Administrator - you have a selectman here. I would think you would want to have a deliberative session.
Barry Elliott - Board of Selectmen meetings are open & we will talk about it at a meeting. Mr. Campbell feels strongly about his feelings. Barry doesn't agree with the document for many of the reasons Packy Campbell has stated and didn't vote in the affirmative on the IGO. This does not have to be addressed at an open meeting.
Charlie King & Gary White agree deliberative session to allow public comments for & against is a good idea.
Charlie King made a motion to recommend to the Board of Selectmen the deliberative session per Jim's recommendations (1) ballot all-day process; (2) have legal define question to the Selectmen on the Special Town Meeting; (3) can't have any money; (4) July 3rd start date for setting Special Town Meeting; (5) need motion from the Selectmen to hold a deliberative session for the town's people prior to Special Town Meeting, Don MacVane 2nd, 5 in favor, 1 opposed, motion carried.
· Planning Board Review Process with Town Administrator and legal counsel. Town Administrator presented an outline of "Timeframe for (TRC) Technical Review Committee" to review applications to go before the Planning Board. The outline (attached) is legal. This is a draft. The Zoning Ordinance allows this to be done. On August 14, 2003 the TRC met and reviewed 4 projects - 2 engineers and applicants were also present. The Town Administrator presented a "Site Review" he had done for Ron Howard as an example of what should/can be done. Discussion on this process. The TRC will include Dept. Heads
(Water & Sewer, Police, Highway, Fire, Town Administrator, CEO Paul Charron, Engineer (applicants & possibly town consulting engineer SEA Consulting), Planner, and applicant if desired. There is a 6-8 week time frame for the TRC to see that the applications are substantially complete enough to go to the Planning Board. All decisions are left to the Planning Board with TRC & Planner recommendations. Maybe an engineer representative could be available if needed. Input from the August 14th TRC meeting was positive.
Jim Horgan - to the extent it can, the plan would be complete when it comes to the Planning Board. Discussion on Site Review Regulations & using at TRC meetings. Going through the Site Review process allows review beforehand to deal with issues.
Jim Horgan - additional information - will it go to the TRC or bring to the Planning Board? The TRC will meet and decide on completeness of the application & plans.
Mike Garrepy - my read of the statutes goes against this process. The statutes say you have 30 days to make a decision after submission of an application. This is a different kind of process. Discussion on this & legal
issues.I've seen this process in Exeter & other towns & it can take months & months. The process takes too
long. The TRC under RSA 674: is required to meet a time frame. If it is set up as a voluntary option it
Planning Board Meeting August 19, 2003 (continued) Page 4
could be worked out.
Jim Horgan - I believe it is a recommendation of the CEO to go through this process. It is not being imposed on them. It's in the best interest & the clock doesn't start until the CEO submits the application to the PB for public hearing.
Tim Bates - this is not a Site Plan Review Committee & this is not the 2 informal preliminary conceptual review or the design meeting. We're talking about a committee that says it is or isn't O. K. Under 676:1,
there is authority to set up the TRC. There has to be a requirement by the PB and not voluntary by the applicant and it needs to be spelled out in the Rules & Procedures. Discussion on the 30-day time frame. I would like to see the 6 - 8 weeks cut back. RSA 676:4 - refers to "completed" application being acted on in 30 days. I would like to see a couple of changes on the flow chart presented. The ultimate decision by the Planning Board starts after staff (TRC) has done their review. TRC staff review takes place, then PB - 30 days starts when the application is substantially complete. This has been done in many large towns. It is in the applicant's best interest and benefit. If the applicant objects, the applicant would
probably have his application rejected by the Planning Board. A lawsuit could happen, but I've not seen it happen.
Mike Garrepy - RSA 676:4 has changed in how I read it - the applicant can submit a napkin plan, but the Planning Board can deny it as complete. Discussion on TRC & what constitutes a completed application as well as 30-day time frame. I don't think the court will interfere with it if it is done the right way rather than by the seat of your pants.
Tim Bates - this is to have applicants brought to the Planning Board with a complete application and plans. The preliminary consultation phase is not good, no discussion should take place unless your comments are confined to a very general discussion. Plan details should not be discussed per the statute unless abutters have been notified of a public hearing. If you move to the design review and change with notice to abutters, it can be done. Discussion on completed application & 1st meeting of design review. This would require double notification.
Barry Elliott - any community where there was a review process, shows it takes less time as each Dept. Head has their expertise. If this was in place years ago we would be ahead. Discussion. We would be much more informed with this process.
Brad Anderson - questioned requirement of Planning Board accepting the application.
Tim Bates - that's step 1. If application is complete per the TRC recommendation, the PB votes on acceptance or not. The PB decides what level of scrutiny after TRC review.
Brad Anderson - does compliance with the Master Plan have anything to do with this.
Tim Bates - this is not a document to regulate. Discussion on Master Plan and Zoning Ordinance.
Brad Anderson - design review question.
Jim Horgan - engineering plans submitted are reviewed by the TRC for guidance based on the town's ordinance about how the plan can be improved before coming to the PB. TRC is objective - is everything here subjective? Can we make this plan better? Discussion on applicants coming to the TRC & making this part of the PB "Rules & Procedures."
Charlie King - I agree with the concept. Discussion on TRC determining a "good planning approach."
Town Administrator - you are dealing with Site Review & 4 lots or less subdivisions. Does the application meet the letter of the law? Discussion. This is basic - we can pin it down.
Tim Bates - where I have worked, it applies to Site Reviews & Subdivisions.
Mike Garrepy - in your Rules of Procedure it strongly encourages technical, conceptual review, then 30 days before the PB public hearing the TRC will meet & review for comments to the PB. Continue if necessary for TRC to review for completeness. Discussion. I think 30 days is enough time to meet twice before the PB meeting.
Barry Elliott - we need to develop zoning to put proper things in the proper zone. We shouldn't instruct somebody how they can use their land.
Charlie King - I disagree with Barry. We should encourage developers what they can do to improve their plan for the community. A perfect example was the last meeting. Suggestions were made by the PB to
Planning Board Meeting August 19, 2003 (continued) Page 5
make it better for the applicant and community when they come back for conceptual & design review by the TRC before going to PB review.
Jim Horgan - Rules of Procedure are being worked on by legal counsel. TRC is good, mixed reviews on starting point for the PB. Where does it all start - TRC before the clock starts. Discussion. Get good definition of "completed application."
Troy - this TRC is a cost to the town indirectly as Dept. Heads will be here & not on their job.
Barry Elliott - I think it is part of their job and & Town Administrator agrees.
Hiram Watson made a motion to recess 5 minutes at 9:30 p. m., Charlie King 2nd , motion carried. Meeting reconvened at 9:45 p. m. Don MacVane left at 9:45 p.m. with Tim Bates.
Hiram Watson made a motion to continue Private Road Standards to the September 16, 2003 Workshop meeting, Charlie King 2nd, all in agreement, motion carried.
Jim Horgan - discussion with Brad to stay on as chairman of the ZAMPS Subcommittee. He asked that he not be the narrator of these documents and to break up into groups. I recommend you help other groups get through their ordinances. Discussion on responsibilities, meeting schedules. Split into 2 groups (Zoning Ordinance & Master Plan). We will discuss how they will work with ZAMPS & PB. Discussion on Goals, Tasks & prioritizing.
Jim Horgan - when you get through with an ordinance, you are done with it. It comes back to the entire committee, then Planner and legal. Planner will not be there at the meetings.
Brad - at some point we need to talk with planner. If we can't talk to the planner, we can't do the job then. I don't see this.
Hiram Watson - why are they not using the planner at the meeting?
Brad - we predicated our whole process on availability of the planner.
Charlie King - we need to review & see if there are major issues we can nail down & make recommendations.
Mike Garrepy - if it is simple changes, the subcommittee may come up with a list. We want a new ordinance, or whatever, to go forward.
Jim Horgan - we need to cut the planner's time down.
Brad - the reason you got this was because you asked for it tonight (ZAMPS Planning Activity attached). Discussion on the task list we would give to the PB. The subcommittee would get prioritized list from you. We will be working on Cluster Regulation.
Jim Horgan - the language will be drafted by the subcommittee, then hopefully have planner input.
Brad Anderson - I would like the planner to review goals & objectives.
Jim Horgan - I want you to do it & find time for the planner. We need to get things moving.
Brad Anderson - we have lay people without enough education to put them together. Discussion on process. We need the planner involved.
Hiram Watson - I'd like to see the planner be able to help us - we need him to streamline the process. We have seen a big difference since working with him.
Jim Horgan - define Farmington & create the document that defines this. You need to be working on the ordinances. Discussion on use of the planner & when to use him.
Charlie King - we gave you our thoughts in the ZAMPS Planning Activity report provided - Please review.
Hiram Watson - I would like to recommend Casey Howard for appointment to the ZAMPS Subcommittee. He is Ron Howard's brother. Hiram made a motion to accept Casey Howard as a member of the ZAMPS Subcommittee, Charlie 2nd, motion carried.
Barry Elliott - you've got technical issues to deal with, but the broader scope is what can the research subcommittee do to gather information. You may have to ask how do we get from A to B.
Brad - challenge of public input - a diagram was presented showing "flowchart" of Subcommittees, Planner & PB. Discussion on this. Brad will get a copy of this to Fran.
Charlie King - if we're going to do this, we need to do it right.
Brad Anderson - our next agenda is the Cluster Regulation.
Jim Horgan - I want you to work that out with Don MacVane.
Planning Board Meeting August 19, 2003 (continued) Page 6
Discussion on Paula Proulx being on the subcommittee.
Hiram Watson made a motion to approve Paula Proulx for the ZAMPS Subcommittee, Charlie King 2nd, motion carried.
Jim Horgan - we need to be frugal where our funds are spent. I'm concerned about over tasking PB members and staff. We need to watch our funds for 6 months.
Brad Anderson - we are developing goals & objectives for Cluster Regulations.
CEO Paul Charron - suggested we work out a schedule at the old courthouse with Ernie Creveling & Lynn as to how access will be granted to bring data to the courthouse for a data library so that it is accessible to all committee members.
· With no further business to discuss, Hiram made a motion to adjourn at 10:25 p.m., Troy Robidas 2nd, motion carried. Minutes recorded by Fran Osborne.
APPROVED
______________________________________ ___________________________________
Jim Horgan, Chairman Date
Planning Board
Town of Farmington
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