PLANNING BOARD MEETING
TUESDAY, NOVEMBER 4, 2003
41 South Main Street
Members Present: Jim Horgan, Charlie King, Gerald White, Bill Tsiros, Hiram Watson (Don MacVane
called in absent)
Selectmen’s Rep: Barry Elliott
Staff Present: Paul Charron and Fran Osborne
Public Present: Packy Campbell, Don Rhodes (Norway Plains), Attorney Malcolm McNeill, Peter Rizzo,
Jenn Abell, John Law, Gerald Mylroie (planner SRPC), John Theriault, Roger Maurice,
Norman & Milena Turcotte, John & Cindy McKenna, Brian & Sarah Palmer, John Symes,
John & Diane Frost, Tom Demers, Bob Talon (surveyor)
· The meeting was called to order by Chairman Horgan at 7:00 p. m. Minutes of October 21, 2003 were reviewed. One correction on page 4 under View Shed Area – 2nd line first word – change to want. Hiram Watson made motion to approve minutes as corrected, Bill Tsiros 2nd, all in favor, motion carried.
· Peaceful Pines Mobile Home Park Connector Road: CEO Paul Charron – Lilac City Parks & Sales (Dave Jacobs & Kevin Grondin) has not made a decision yet. The TRC recommended the road be opened year round. Discussion on jumpable curb, plowing in winter and maintenance of road in winter. Park owners are concerned about safety & security of home owners in the park. It was stressed the road
should be accessible year round. Hiram would support them doing a gravel road. CEO Paul Charron – they don’t seem to have a problem with paving. The Police Dept. & Fire Dept. feel it should have access year round. We are waiting for their decision.
Barry Elliott – discussion on request for street lights, guard rails, etc. on connector road. Who says they have to maintain their road? Maybe they need to come back for a full site review. Can we do this? This should have been handled at the initial site review.
CEO Paul Charron – the road was to be paved with crash gates. We shouldn’t be requesting changes now.
Jerry Mylroie (planner) – this was forwarded to the TRC & in review these additional requests were made by the Highway Dept. & Police Dept. I would suggest you define what the PB approved, if there are other concerns, state them to Lilac City Parks & Sales.
Charlie King – I don’t feel the applicant should be responsible for new things not originally approved.
Bill Tsiros – if the PB minutes show paving, it should be so.
Jim Horgan – we referred this to the TRC because they were close to final issuance of Occupancy Permits. Issue of liability was an issue with park owners. Discussion on emergency access on the connector road. CEO feels it needs to be maintained also.
John Law – discussion on Fire Dept. maintaining connector road and a crash gate.
Jim Horgan – have Lilac City send us in writing what they want to do. If there is an issue of safety, the town may have a right to maintain.
Jerry Mylroie – suggested meeting to resolve issues with the applicant and possibly suitable alternatives.
Jim Horgan – let them tell us what they will do. Make it legal – when they are ready, put them back on the agenda.
· Chairman Horgan read 2 letters from Gerald White. One on the OSP Conference he attended and found very informative. The other letter was on the ZAMPS Subcommittee meeting he attended on 10/23/03 and was impressed by interest of those in attendance. Gerald White has also been sworn in as a regular member.
· Lot Line Revision Corrected Plan for Daniel Cutter, Tax Map R22, Lot 1-1 and Tax Map R22, Lot 10. The intent of this plan is to correct the previous plan recorded at Strafford County Registry of Deeds as Plan #72-74. Revision #3 on 10/30/03 is noted on the plan to revise frontage to meet the original intent of 250’ & the areas affected. Fran had called the Registry of Deeds & was told by Registrar Leo Lessard
the plan
Planning Board Meeting November 4, 2003 (continued) Page 2
had to be corrected with a note on the plan that it is a corrected plan & have the PB chairman sign the corrected plan and record it at the registry. Charlie King made a motion to recess at 7:25 p. m., Gerald White 2nd, meeting reconvened at 7:35 p. m.
· Jones Brook LLP Lot Line Adjustment, Governors Rd. (Tax Map R1, Lot 2 & R16, Lot 13). Brian Berlin of LandTech is representing Jones Brook. George Szirbik of Jones Brook LLP is also present. Brian – this is a simple application. There are 265 acres with frontage on Dodge Cross Rd., Chestnut Hill Rd., & Governors Rd. Wayne Cardinal an abutter owns 2.8 acres shown on map he presented. A portion shown on block R1, Lot 2, 2nd lot R16, lot 13 (no
new lots created), 1.4 acres will be transferred to Wayne Cardinal from the existing large portion of land. Waivers were presented as follows to the Subdivision Regulations:
(1) Section 2.18 Boundary Adjustments: lot line adjustment is greater than 10,000 s. f. – will be about 60,000 s. f.
(2) Section 4.07 Soils Data: no new buildings created, so soils not applicable.
(3) Section 4.08 Preliminary Layout: scale of 100 feet to the inch.
(4) Section 4.08 J – P. Discussion.
CEO Paul Charron – lot line adjustment seems straightforward. Waivers seem appropriate.
John Frost – discussion on location of lot line revision. He was given explanation for receipt of abutter
letter.
Hiram Watson made motion to accept the application for Jones Brook LLP Lot Line Adjustment on
Governors Rd., Barry Elliott 2nd, all in favor, motion carried.
Hiram Watson made a motion to grant the 4 waivers as presented, Bill Tsiros 2nd. Discussion. Charlie
King is against accepting all 4 together. The board went over all waivers. Brian Berlin pointed out they are
not changing lots, must increasing lot size for Cardinal’s lot. The Cardinals would have to come back to the
PB for any further changes to their land. Soil tests would be needed only if individual septic systems are
proposed – none are proposed. Waive scale 100’ to 1”. CEO Paul Charron read items Section 4.08, J. – P.
of the Subdivision Regulations. The board members all agreed items J. – P. are self-explanatory.
All in favor to grant 4 waivers as presented.
Bill Tsiros made a motion to accept the Jones Brook LLP Lot Line Adjustment on Governors Rd.,
Hiram Watson 2nd, motion carried. Discussion on no further subdivision of the Cardinal lot as it will now
Be enlarged (R16, Lot 13). This portion was part of the remaining lot that was subdivided by Jones Brook.
Jim Horgan & Bill Tsiros felt it would be unfair to request a note on the plan “no further subdivision” as it
Would be unfair to the applicant at this time.
· RSA Development, Cluster Development continuation – Compliance Hearing of 28 Conditions of Approval for 60 units Elm St./Dick Dame Lane (Tax Map R34, Lot 1-8 & U9, Lot 18 & 19). Attorney Malcolm McNeill is representing Packy Campbell. We hope this is the last meeting. The TRC review & SEA Consulting review has been accomplished. We have complied with conditions of approval. Bonding issue is incomplete at this time. I’m not here for a signed plan, but to resolve the bonding issue. Legal items from Sharon Somers (attached). Attorney McNeill said she is satisfied per her letter. The ZBA meets 11/6/03 to act on finalizing of the lawsuit of the ZBA vs. PB. When this & bonding is complete, we hope the PB Chairman can sign the plans as complete. The ZBA Chairman has to sign off on moving of the roadway into the site. Discussion on original crossing, ZBA lawsuit on road crossing
& resolution of road
being moved. A docket marking was prepared, but DES Wetlands Bureau has final say on crossing – they moved it further up the Kicking Horse Brook. This has been forwarded to the ZBA for the 11/6/03 meeting. The new proposal is even further away. We have moved away from the Dames Brook & DES has approved. A component of approval is to have the PB approve movement of the road. We feel the PB has to act on this as a
continuation of the hearing. I don’t feel it is necessary to go through the 28 conditions & planners comments. We can discuss if necessary. We have done warranty deeds, easement to Sycamore Blvd., development agreement to be responsible with infrastructure improvements, (we will be responsible for overseer on the project.) Attorney Somers has provided condo & development agreements documents
Planning Board Meeting November 4, 2003 (continued) Page 3
in writing). Sharon Somers has approved documents incorporating TRC suggestions & concerns. If the PB wants a different developer agreement we’ll work on it. Easement is for emergency agreement. This is not a shortcut for Farmington Ridge MHP. Final conditions of approval (#2 – ZBA vs. PB) – if the ZBA signs off – case is settled. Bonding – the ZBA lawyer is now working for town law firm & a new lawyer has been assigned. The PB does not sign the plan until ZBA approves the settlement agreement 11/6/03 &
selectmen decide on bonding & movement of road by DES which is required because of engineering issues.
Jerry Mylroie – I concur with what the Attorney has said and we have memo of concurrence from Sharon Somers. From the TRC review item #12 – clarify
#22 – clarify difference
Malcolm McNeill - #12 – as built drawings on plan as built drawings – infrastructure for what was being built showing infrastructure to a particular lot; #22 – phasing – we agreed to phasing. Condition of approval was 23 the first year & 37 2nd year with any left over from 1st year applied to 2nd year. We would like to note this was an obvious error. We would like the 1st year to be 37 units from Skyview Drive to the emergency connector to run along the roadway to provide alternative access (lots 1-34,
58, 59 & 60); 2nd year to be 23 units – buildings on the back lots & carry over lots not built on from year 1 to 2.
Jerry Mylroie – per town counsel’s letter page 2A. Discussion on note – no development in open space & no further lots developed without PB approval.
Malcolm McNeill – Note on plan: No further subdivision for buildable lots. Discussion.
Jerry Mylroie – counsel is comfortable with this language. Discussion on condo document. Any change of plan will need PB approval. Recommend approval of the plan and authorize PB Chairman to be able to sign plans on approval of court case and bonding issue.
CEO Paul Charron – the TRC, SEA Consulting, Dept. Heads & town counsel all approve and are in agreement conditions of approval have been met. No public input.
Bill Tsiros – motion to approve RSA Development Cluster Development & Compliance Hearing for 60 units Elm St./Dick Dame Lane (Tax Map R34, Lots 1-8 & U9, Lot 18 & 19); with condition of approval on bonding by Selectmen, resolution of ZBA vs. PB court docket marking, corrected copy of plan, easement document and other documents being duly signed & change in phasing requirement (note #6 on plan); as built requirement (note #5 on plan) and authorize PB
chairman to sign the plans. On Note #3 – strike out “without PB approval”, Hiram Watson 2nd, Charlie King & Gerald White recused from voting Discussion on transfer of development rights, restrict property from further development.
Barry Elliott – motion that addressed TRC findings, #29, 30 & 31 – is this something to be addressed? Jerry Mylroie explained these were on an earlier TRC meeting and referenced the later memo from the TRC 10/30/03. All conditions have now been met.
Charlie King made motion to recess at 8:40 p.m., Gerald White 2nd, meeting reconvened at 8:50 p.m.
Barry Elliott – discussion with Dale Sprague and issues with pump station. Who’s responsible for sewer pump station failure? Suggestion was made to have Condo Association do a bond to cover this. This to me is an outstanding issue which can be discussed at the bonding meeting.
Packy Campbell – we will make sure this plan development is built to town specifications.
Attorney McNeill – maintenance & repair performed by Condo Association (in condo documents). If the Town of Farmington feels their services are necessary, the Condo Association will be billed (see condo documents). If the selectmen want to, this can be taken up with the bonding document.
Barry Elliott – questioned the billing process if town needed to bill the Condo Association. The Condo Association will establish a budget. Discussion on what Dale recommended for sewer pump and how to determine the bond.
Attorney McNeill – we can’t build any more than phase I the 1st year – bond is for each phase of the infrastructure – bond should be in phases. The project will be done in phases. The full amount of the bond has to be established up front by the Selectmen.
Charlie King – discussion on length of road & egress. Phase I will include the emergency exit.
Bill Tsiros – the amount will be bonded in total & must include egress.
Planning Board Meeting November 4, 2003 (continued) Page 4
Motion carried for RSA Development Cluster Development (60 units), Elm St./Dick Dame Lane.
· John Law – Chairman asked him if he was still going to be a member of the Research Subcommittee. John said he could not be as he has no job now.
· Chairman Horgan – Donna Gorney has said she would be a member of the Research Subcommittee per Fran who had talked with her. Bill Tsiros made a motion to approve Donna Gorney for the Research Subcommittee, Hiram Watson 2nd, motion carried.
· Site Review Application continuation Tom Demers, Box 516A, Rte. 11, change of use for residential mobile home to drive through coffee & donut shop, retail/office space (Tax Map R31, lot 25).
Tom Demers & Bob Talon are representing this application. The latest plans dated 11/1/03 are presented for board review. No new TRC reports since 9/25/03. Bob Talon – plan represents changes requested at the last PB meeting per TRC review; leaching catch basins noted; grass swales & stone lined swale; level spreader; landscaping; concrete 6” raised island; lights on building; finished floor elevation; grease trap; entrance & exit arrows; existing building locations; pavement, etc.
Hiram Watson – asked about stop sign on southeast side for traffic.
Gerald Mylroie – TRC reviewed prior plan. We have not reviewed the plan presented here tonight.
CEO Paul Charron – looked at plan and went over details with Bob Talon.
Bill Tsiros – recommendation was for the 6 items recommended in last meeting’s motion. Tom Demers read the previous minutes with conditions of approval.
Barry Elliott – questioned landscaping of island on Rte.11, drainage report & being done by an engineer.
Bob Talon – an engineer is not a requirement on a project of this size. Discussion on drainage calculations. CEO Paul Charron said it does not have to be done by a licensed engineer. Barry Elliott stressed the need for consistency on engineering requirements.
Charlie King – there is a future catch basin. Discussion on elevation to back & drainage flow. Back side goes down. The 1st entrance toward Meetinghouse Hill Rd. appears as an area of congestion – turn radius for drive through into Donut Shop off Rte.11 or access road to back – turns are tight.
Bob Talon – Farmington regulations say 18’ width – we have made it 20’. Discussion on width of access & turn radius. Discussion on 33 parking spaces and reducing for more space.
Charlie King – I would entertain a waiver for 32 parking spots from 33 spaces.
CEO Paul Charron – elevation of 288’ front, finished floor elevation of 288.5 – discussion on concern of water running into the building. Bob Talon said obviously the island and floor elevation have to be the same for handicap access. There should be no water problem. Spots 1 – 5 if filled with large cars & other vehicles (delivery) could be a problem – how do you get to 1 – 4? Discussion on deliveries and making area work. CEO questioned level spreader. Discussion on water
running off the parking lot area to level spreader (6’x35’).
Tom Demers – I have been there 14 years & I know how water runs off the area. It has not been a problem. Discussion on traffic flow & parking problems.
CEO – internal traffic pileup may cause customers to go somewhere else.
Barry Elliott – discussion on spaces 1-5 being exit only (outbound only) and making concrete island smaller. This would give another 6’. Try to relocate 1 or 2 parking spaces in #1 – 5. Move delivery/handling area (one more car width).
Tom Demers – I will only have once a week deliveries for materials. Donuts will be made on site. Discussion on moving/adding 1 parking spot near #27 & alternatives.
Jerry Mylroie – someone should confirm 20’ between access ways & parking spaces.
Barry Elliott – thinks he has pretty much met the criteria asked for.
Charlie King – have applicant’s plan reviewed by outside engineer on drainage & turning access in & out of site. CEO – town engineer could do both.
Planning Board Meeting November 4, 2003 (continued) Page 5
Bill Tsiros – last meeting the decision was not to go to outside engineer. I would like to see CEO Paul Charron address these 2 concerns. CEO – could not issue permits until resolved (parking turning radius.) CEO Paul Charron feels he can get quality information on answers to specific questions (verification of 20’ width drive thru & turning radius).
Hiram Watson – solve by moving parking spot to add needed frontage.
Charlie King – allow less parking spaces to allow better traffic flow. Parking spots 1 & 16 – extend width of southeast side, push concrete island back or eliminate parking spot #1. Pick up 3’ by streetlight. Move 10’ on westerly side to increase delivery & parking flow.
Tom Demers – agrees if it makes it safer.
CEO Paul Charron – a raised painted island could be used. Discussion on utilizing parking at machine shop (2 spots).
Charlie King – discussion on island, entrance sign, increase radius to 15’ minimum – move sign accordingly.
Hiram Watson made a motion to approve Tom Demers Application for Site Review, Rte. 11 change of use for residential mobile home to drive through coffee & donut shop, contingent on 4 items: changing radius’s per marked up plan by CEO Paul Charron, authorize chairman to sign mylar after CEO approves the changes, Bill Tsiros 2nd, 4 in favor, Charlie King opposed, motion carried.
Charlie King – brought up drainage calculations and outside engineering to be added as an amendment. There was no vote to amend the motion.
Hiram Watson – we try to encourage business. I support what’s here without drainage engineering.
Bill Tsiros – establish a policy when engineering for drainage calculations are needed.
Barry Elliott – be consistent. I don’t think they need a drainage calculation or traffic study.
Jim Horgan – we established a drainage report by an outside engineer was not needed.
· 9-Lot Subdivision Review Application continuation by Rizzo Enterprises, Phase III Cherub Estates, (Tax Map R61, Lot 5). Peter Rizzo is representing himself as engineer Peter Landry could not be here. A waiver was presented on the road. Discussion on 100’ vs. 50’ for cross sections requirement by SEA Consulting.
Bill Tsiros – refer to letter attached from Conservation Commission.
Barry Elliott – cross sections requested by SEA Consulting. He feels it should be included. Drainage & road profiles are really connected. A lot of issues are picked up on cross sections (see attached). Discussion on 50’ cross sections vs. 100’ cross sections. Would SEA be comfortable with 50’?
Bill Tsiros – discussion on 50’ cross section – culverts, slope, drainage, buildings, etc. SEA has not commented on this.
Charlie King – we would only accept if there is no change between 50’ markers. Discussion. Ask for only where intersection, drainage or whatever appears.
Barry Elliott – check with SEA Consulting and see if they are agreeable. Discussion.
Charlie King – have applicant show changes on road profile.
Bill Tsiros – get recommendation from SEA on 50’ vs. 100’. Discussion. CEO will get in touch with SEA Consulting.
Bill Tsiros – motioned that waiver be granted when CEO has affirmative answer from SEA Consulting, authorize chairman to approve, Charlie King 2nd, no discussion, all in favor, motion carries.
Special Use Permit – CEO Paul Charron – used the Dredge & Fill Permit to DES. There was to be a memo from the Health Officer (not yet), CEO (not yet), Conservation Commission (letter is attached). I don’t see a problem.
Bill Tsiros – I make a motion to accept the Special use Permit upon receipt of letters from the CEO Paul Charron & Health Officer, Hiram 2nd, motion carried.
Charlie King – motion to continue Rizzo Enterprises 9-lot subdivision application for Phase III Cherub Estates to December 2, 2003, Bill Tsiros 2nd, motion carried.
Planning Board Meeting November 4, 2003 (continued) Page 6
· Motion to adjourn was made by Barry Elliott at 10:30 p.m., Gerald White 2nd, motion carried.
APPROVED
____________________________________________ _____________________________
Jim Horgan, Chairman Date
Planning Board
Town of Farmington
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