PLANNING BOARD MINUTES
TUESDAY, DECEMBER 2, 2003
41 South Main Street
Members Present: Jim Horgan, Hiram Watson, Charlie King, Bill Tsiros
Selectmen’s Rep: Barry Elliott
Staff Present: Paul Charron and Fran Osborne
Public Present: Gerald Mylroie (Planner SRPC), David DeJager, Packy Campbell-RSA Development,
Peter Rizzo, Jenn Abell, Paul Parker (ZBA), John Huckins, Peter Landry (Landry
Surveying, Brad Anderson (CC), Allison Leahy
· Chairman Horgan called the meeting to order at 7:04 p. m. and read the agenda for this meeting to those present. Minutes of November 18, 2003 were reviewed. Barry Elliott made motion to approve minutes with amendment as follows, Bill Tsiros 2nd,
Page 3 – under ZAMPS Subcommittee – 6th line – after There was a meeting held, add before the
Page 3 – 10th line from bottom, add after invited to the meeting before the October 23rd meeting,
motion carried.
· Chairman Horgan introduced Jerry Mylroie as the planner with SRPC. Jerry Mylroie – I am Senior Land Use Planner with SRPC and serving as Planning Advisor for Subdivisions & Site Review Applications before the PB. A letter sent to the Planning Board by Jerry Mylroie was discussed regarding Tom Demers Application review by the TRC. Chairman Horgan –
discussion did take place with board members and applicant. Jim Horgan thanked Jerry Mylroie for his letter.
· Peaceful Pines Mobile Home Park Connector Road. Jim read letter from Lilac City Parks & Sales owners Kevin Grondin & David Jacobs. They requested approval of modifications to the original approved request as follows: 1. Install guard rails where needed – winter 2003/spring 2004
2. Pave road spring/summer 2004 when paving plants re-open
3. Re-landscape where needed after paving.
Discussion on this road being open all year to allow passage of residents as well as emergency vehicles to use this connector road and keep it maintained in a manner
acceptable to allow access at all times.
Barry – this looks like they are going to do what asked.
Jim – modify to include the above 1., 2., 3. per the TRC Committee recommendation.
Hiram – I think they are doing more than required. I recommend approval.
CEO – I would motion the PB accept access as open year round for emergency access.
Bill Tsiros made a motion to approve modifying the Peaceful Pines Mobile Home Park Connector Road to include: (1.) Install guard rails where needed; (2). Pave connector road in spring/summer 2004; (3). Re-landscape where needed after paving, motion carried.
· “Sexually Oriented Business Ordinance” draft. Chairman Parker, ZBA and on the ZAMPS Subcommittee asked about age (18 vs. 21) in the ordinance. He mentioned RSA 571-B:1 “Exposing Minors To Harmful Materials,” Definitions (copy attached) and RSA 571-B:2, Offenses (copy attached). Paul Parker said the town has nothing now and he thinks this will protect townspeople regarding this type of business.
Discussion on where – 1st amendment says we have to deal with it & provide access – you can’t zone them out. There are limited places for them in Farmington. We’ve provided for situations. This protects us. The PB should pass this on for public hearing. Discussion on word slug (token/coin operated) machines.
Jim Horgan – I like it.
Charlie – has reviewed and it is a very good start.
Bill Tsiros made a motion to advertise this for public hearing January 6, 2004 if the ZAMPS Subcommittee provides the final copy, Barry 2nd, motion carried.
Planning Board Meeting December 2, 2003 (continued) Page 2
· Packy Campbell (RSA Development) regarding bonding for 60-unit Cluster Development. Packy asked to speak on the bond issue. He referenced 11/4/03 PB Meeting minutes on conditions of approval (4 items). He has been able to complete all but the bond challenge - the PB designated the Selectmen to resolve the bond. I have a bonding amount which I do not dispute ($1,037,000.00. I’m a small business owner & a bond for a million
dollars is difficult. I do have a legal right to start road work but am trying to proceed as per the process by the town. Pike Industries has filed an intent to cut and hopes to start work ASAP. I can put the road in under PB approval. I don’t have a signed mylar plan, this usually happens after infrastructure for the road is done. I would like to post a bond for the road when I pull a building permit. I’m asking to be able to do $500,000 road work & then bond the remainder. Phasing concept was lost somewhere between the PB & Selectmen. I need phasing to start the project. Would the PB let the Selectmen know if phasing is O.K. I would like to break down the total bond into 2 phases. The phasing allows me to complete 80 – 90% of Phase I and make sure Elm St. to Sycamore Blvd. is done 1st , that it is passable, at least graveled & plowed to get all the way through for egress issue.
I’m prepared to do this Phase I & bond it, but at that point I would be looking to bond the remainder of. There may be small things (detention pond or other items not completed which would not interfere with those living in a house there). Mark Filion, a NH licensed engineer who works for me, provided the breakdown figures on the bonding. These figures are broken out per phasing. Notes are on the mylar as requested in 4 conditions remaining. Packy explained he was working with SEA & there’s been a problem with personnel there, the SEA engineer working on the
project actually brought up the phasing and that I should have it. I presented a performance bond for $1,037,000.00 provided by Pike Industries. Packy requested Pike Industries to do the road bond the way the town wants it through the town attorney, the town wants a bond from Packy Campbell. I don’t disagree
wholly with that. I need to place a cash bond or irrevocable letter of credit from N.H. bank per town counsel – this bond is good as long as I pay Pike. I need a letter to say I can start the road work. I realize you need the bond before mylar is signed. My bank is willing to do that at some point in the future if the town acknowledges I have the right to do the work putting the road in & bond a lesser amount sometime down the road to get the mylar signed. I need (1) letter of acknowledgment to start the road, (2) letter of recommendation to your
designees & (3) wish list bond for phase I you will sign mylar once I spend $500,000 on road work hopefully. When I post this bond for Phase I, building permits will be issued only for Phase I. I would have to post a bond for Phase II before I could get building permits. This lot (mylar) really does not exist until the mylar is
signed. I can’t close or buy this land until the mylar is recorded. This encompasses 3 lots with different legal descriptions. Is there a possibility to get this mylar signed & an agreement for bonding to be recorded at the registry, worked out through the attorneys, but no building permits be issued until the road is complete. I’m trying to find a resolution.
Bill Tsiros – discussion on bank closing and need for signed mylar. Bill – either solution would be acceptable according to letter from town counsel, question of authorizing PB
chair to sign mylar. I don’t know if the bank will allow me to go forward without signed mylar. I need mylar signed because of legal description of property.
Bill Tsiros – we did talk about 2 phases and Phase I 1st to have egress issue resolved. I guess the PB wasn’t clear recommending this to the Selectmen. Charlie asked to hear from Jerry Mylroie.
Gerry Mylroie. Would the applicant be in a financial position to be able to post a drainage erosion bond when doing the road to stabilize the project. My suggestions are as follows:
(1) Planning Board approve phasing 1 & 2 improvements.
(2) Approve signing of the mylar, contingent upon execution of a performance agreement to provide for erosion control and that in Phase I, no building permits shall be issued or lots sold prior to the execution of an additional performance agreement to cover infrastructure improvements in Phase I & Phase II.
(3) Execution of a performance agreement/bond for infrastructure improvements on phase I & II prior to the sale of any lots or issuance of any building permits.
Barry Elliott – the reason Selectmen were not aware of phasing was because it was not presented to them.
Packy Campbell – I would be willing to post $400,000 bond right now. I would sign agreement on no
Planning Board Meeting December 2, 2003 (continued) Page 3
building permits until road work is complete and would post a bond if road is not complete for building
permits with $400,000. I’m willing to do erosion control bond if you sign the mylar.
Barry Elliott – you still need a bond on phase I because that’s your access route. Packy has wetlands & DES permits.
Discussion on dollar amounts proposed by Mark Filion - $655,211 for Phase I includes off site work, removal of French drain, etc. Phase II is the difference of total bond amount.
Retain bond for Phase I entirely contingent on no selling of lots, no issuance of building permits, and a carryover bond for Phase I if not completed, then bond remainder of project for Phase II.
Packy – I think we’re going in the right direction. I’d prefer you sign the mylar & have me do a bond with the condition of no building permits until road is complete (Elm St. to Sycamore Blvd.), sell no lots until bond for Phase I is posted.
Hiram Watson – I’m comfortable phasing & erosion control bond for $400,000 & everything else he said & signing of mylar. Our attorney needs to look at it.
Bill Tsiros – I think we have a professional here with an engineer that can come up with that amount. Jim Horgan – the original wording does require the Selectmen’s acceptance.
CEO – bond what’s necessary, sign the mylar, and allow Packy to begin construction. Work out details with attorney’s. There is a section of state law that says once a road has been bonded, I cannot refuse a building permit. The bond would cover the portion of the road work not completed & once mylar is signed, bond in place, the road started, and the other conditions of approval would protect the town and allow Packy to issue Packy his building permits.
Packy Campbell – C/O’s could be tied to specific performance. Before you issue a C/O the amount of the bond would be higher than the remaining infrastructure to be completed. Discussion.
Bill Tsiros – motion to recommend to the Board of Selectmen that the project should be in 2 phases (1 and 2), PB sign the mylar & the PB adopt recommendations of Jerry Mylroie (SRPC planner) from page 2 of these minutes: (1) Planning Board approve phasing 1 & 2 improvements; (2) Approve signing of the mylar, contingent upon execution of a performance agreement to provide for erosion control and that in Phase I, no building permits shall be
issued or lots sold prior to the execution of an additional performance agreement to cover infrastructure improvements in Phase I & Phase II. (3) Execution of a performance agreement/bond for infrastructure improvements on Phase I & II prior to the sale of any lots or issuance of any building permits, Hiram 2nd, motion carried.
Barry Elliott - discussion on condo documents & bonding of pump station – verbage needs to be in documents.
Charlie King – I am in favor of phase bonding but phase I should be complete. What is dollar amount?
Jerry Mylroie – explained erosion control to be done prior to full bond for Phase I when lots can then be sold, building permits to be issued after completion of Phase I.
Public Hearing 8:00 p. m.
· 9-Lot Subdivision Review Application continuation by Rizzo Enterprises, Phase III, Cherub Estates (Tax Map R61, Lot 5). Peter Landry is representing Peter Rizzo’s continued application. Special Use Permits has been received from the PB. Phase I & II have pretty much been taken care of with CEO Paul Charron. He brought revised prints for PB review. We have not received a reply from our letter to SEA
Consulting. I have SEA’s letter of concerns & my engineer’s response to his comments. We added 50’ cross sections; typical road cross sections; cross sections brought to town standards, modified road requirements; and sidewalk detail. Notation on roadway side slopes has been indicated; limits of roadside drainage (clearer picture of swales alongside the road). Added roadway cross sections. Discussion. Added match lines from Section I & II, drainage swales, driveway culverts added to planning profile. Detail on slopes, culverts (36” culvert modified
#9 – to two 24” culverts), added detail. Guardrails added in areas of concern on last sheet of plans (where culverts cross wetlands). Phase II detail – added note “not a thru street.” See more silt fencing detail and outfall protection. Subdivision approval is waiting wetlands
Planning Board Meeting December 2, 2003 (continued) Page 4
approval. DES is waiting for Phase II Site Specific. When we get the number they will issue wetlands & subdivision numbers. Engineer has provided drainage & storm water drains – sketch provided. We staked
all back corners. Front will be done when road is complete. Have not heard from the TRC. Conservation land is being dealt with (10’ wide path increased to 20’). Need feedback from town engineer. Performance bond is awaiting roadway approval.
Jerry Mylroie – TRC reviewed. We are waiting for SEA Consulting comments. Other issues being resolved with applicant. A pond for fire protection has been discussed. The Conservation Easement is still being discussed. Overall, most issues from TRC perspective are acceptable per issuance of state permits, performance bond & fire water supply.
CEO – SEA Consulting (Jim Bolduc) has left SEA - we found out today from Ray Corbett of SEA. When SEA reviews Peter’s letter, hopefully they’ll find no problems with it. They have responded to all concerns. Ray Corbett didn’t mention receiving Peter Rizzo’s correspondence and new plans.
Barry Elliott – discussion on paving (2” bituminous course & 1” wear coat). CEO Paul Charron – Phase I & 2 changes are about 95% done after check with Peter Rizzo on site yesterday. Detention pond is being proposed as Fire Dept. draft pond in that area. The rest has been addressed.
Charlie King – asked about sidewalks on Holly Lane.
CEO – Peter Rizzo widened the shoulder up to Holly Lane – flat area of gravel right now. This is not required, but proposed by an easement for sidewalk area.
Charlie King – asked about parcel A (Lot 1) being accepted by the town.
Barry Elliott – we are pretty much clear on all of that. Concept was approved by the Board of Selectmen.
Bill Tsiros – questioned lighting issue (maybe a street light in new Phase 3 section). Peter Rizzo - if Phase III people want street lights, they can put them up. Bill Tsiros - if the town takes it over we need lights – this is a concern. We are asking developers to address this for safety, consider for the future.
Peter Rizzo – you can put lights on the telephone poles.
Brad Anderson – asked making approval contingent on the applicant issuing memo of understanding. Don’t make contingent on signing of conservation easement, because of legal stuff, it may be awhile.
Bill Tsiros – there must be a way, an agreement this road is private & if petitioned to be accepted by the town that home owners provide lighting on Phase III.
Peter Rizzo wants to do final layer of paving after project is complete on Holly Lane – now feels he would like to leave it as is with base coat until Cherub Drive is completed.
CEO Paul Charron – fire pond was not a requirement, but a suggestion of a retention pond to draft from by the Fire Dept. Jim questioned safety factor. Possibly some sort of cover could be used, this will be looked at and addressed.
Jim Horgan – we need update from SEA Consulting.
Charlie King – update plan showing changes.
Barry Elliott made a motion, Hiram 2nd to continue this 9-lot subdivision application by Peter Rizzo until January 6, 2004 if final word from SEA Consulting is received, Bill Tsiros opposed, motion carried.
Jerry Mylroie – there is an option of approving with receipt of state permits, bond amount and SEA Consulting review comments.
Hiram Watson made motion to recess at 8:45 p. m., Charlie King 2nd, motion carried. Meeting reconvened at 8:50 p. m.
· Site Review Application by BU Rentals (David DeJager), 11 Summer St. (Tax Map U6, Lot 117), to increase number of units from 6 to 9 units within the existing building. David DeJager presented a conceptual written plan and narrative of intent. He wants to increase 6 units to 9 (4 commercial & 2 residential). He has met with Fire Dept. and CEO Paul Charron & they feel it is a reliable project. I’ve also met
with Dale Sprague & Clark Hackett. I have letter from Dale stating water & sewer will be fine. We may have to increase water line from 1” to 1 ?” . Dave asked TRC to review items – waivers need to be granted for (1) stamped surveyor design (there is no change to building exterior); (2) finished floor elevation
Planning Board Meeting December 2, 2003 (continued) Page 5
(not changed); (3) grade contours (not needed, no changes); (4) engineering report on runoff (not needed, no changes per Clark Hackett.) TRC recommended waivers be granted. Abutter property lines are shown,
water & sewer connection, parking, fire alarms, etc. Dave showed the board where the lot is located. Dave outlined this area in yellow for them on tax map. Contour elevations discussed. All abutters were notified. Fran has receipts. All green open space areas will stay. Dave presented plan showing walkways, impervious surfaces, lighting, water & sewer entrance, trees, parking, building, etc.
Bill Tsiros questioned changing 4 commercial to residential units – CEO explained this is in the UR zone and is allowed. He asked if he needed to go to the ZBA – CEO Paul Charron – no. Bill questioned the Army Corps of Engineers regarding the Cocheco River behind Dave DeJager’s property – Dave spoke with them. He took his calculations from the edge of the river. Dave spoke to Clark about an
easement to the bank – Clark said he would dissolve the easement if that were necessary. Bill is concerned about using the bank as part of the easement.
Charlie King – he still is the owner and it should be O. K. to do that.
Bill Tsiros – a survey should be done.
Jerry Mylroie – questioned lot coverage – the lot coverage is way under the requirement for impervious surfaces. Discussion.
Bill Tsiros – concerned about a stamped survey plan. We have no documents. Discussion. Waivers are written.
Barry Elliott – made board aware he had previous dealings with David DeJager but that they have been completed. We approved Tom DeJulio’s plan and required no boundary survey. This is no further than the scope of the building. We should be consistent.
Dave DeJager showed the building as it exists today. There is no greater impact on the area. I will actually lessen the impact. I’m leaving architectural features as are. No exterior changes are needed other than painting.
Jerry Mylroie – discussion on completeness of application – recommend waiver requests. Action on project – sidewalk discussion with highway director (no planned sidewalks). Options (1) leave sidewalk the way it is; (2) upgrade sidewalk & reset granite curb the way you might want to see as a standard; (3) remove existing curb for no obstructions. The rest of the road is flat. There are no other sidewalks in the area. The 6” curb would complicate it for the plow.
CEO Paul Charron – discussed all changes being on the inside of the building. He suggested on the sidewalk a memo of understanding – work with the town if future sidewalks may be desirable.
Five written waivers received as one document.
Hiram – accept all 5 waivers dependent upon submission of individual waiver letters discussion.
Bill Tsiros – discussion on boundary survey. The right-of-way being dissolved by Clark Hackett was discussed.
Charlie King – made motion to rule on waivers individually, Hiram Watson 2nd, Bill Tsiros opposed, motion carried.
Steve Yurick asked to speak. He is on Central St. Has property boundary plan done to center of the river. If you do the calculation according to the deed, Dave DeJager only has 28,500 s. f. I have a recorded plan. There are 4 additional properties also affected. I think you need to resolve this issue. The easements are right-to-access. Essentially I’d caution you on giving up an easement. The area of calculation is wrong. The riverbank goes up
to the back of 4 lots, but not mine.
Hiram Watson – are you lot #229 – yes, Steve Yurick, plan 41, drawer 96, recorded 4/22/93 at registry of deeds.
Allison Leahy – question on exterior change, concern about increase in traffic, would like barrier or something to separate or buffer her home from apartment building.
Steve Yurick – discussed water rights on the river extending to the Cocheco River in Dover. He questioned s. f. density. Look at original land (about 28,500 s. f.).
Planning Board Meeting December 2, 2003 (continued) Page 6
Charlie King – due to conflict here with easement, don’t grant waiver (1) Application Requirements G. Stamped N.H. Surveyor; (2) Site Development Standard #13. Stamped N. H. Surveyor, Bill Tsiros 2nd, motion carried, Barry opposed.
Barry Elliott made motion to waive (3) floor elevations, Hiram 2nd, motion carried; (4) Charlie made motion to grant waiver for grade contours, Hiram 2nd, motion carried; (5 Barry Elliott made motion to grant waiver for engineering report regarding runoff, Hiram 2nd, all in favor, motion carried.
Bill Tsiros – mentioned some kind of buffer for abutter, sidewalk for safety.
Charlie King – agrees on sidewalk 6” curb. Responsibility may be town or developer.
Jim Horgan – suggested memo of understanding from David DeJager.
Hiram – mentioned board stop by and look at sidewalk at site.
Barry Elliott – sidewalk – street is not wide enough to accommodate a sidewalk. The only piece left that wasn’t removed is in front of Dave DeJagers. I might suggest a 5’ easement in front of his property. There is a lot of traffic to the park. A sidewalk would be a problem, that’s why you don’t see one.
Dave DeJager – I pulled posts at either end of the sidewalk curb. Leave sidewalk where it is, it’s on my property, but I don’t want the area deducted from my s. f. Leave as it is. The curb is there and sidewalk is there, I’m not removing it.
Bill Tsiros – questioned impact of apartment rentals on schools.
Brad Anderson – state law protects landowners regarding sidewalk liability to property owner.
Charlie King made a motion to continue BU Rentals proposed 9-unit apartment building at 11 Summer St. to January 6, 2004, Bill Tsiros 2nd, motion carried.
· ZAMPS Survey Mailing – Brad Anderson said 210 surveys were returned. Discussion on how information was interpreted for the survey. Focus information. Some questions were repetitious. Brad mentioned the next meeting on input for Master Plan and Zoning Ordinance to throw out ideas from the public will be held
December 4, 2003 at 7:00 p.m. Jim stressed making sure information is interpreted and totaled correctly. CEO Paul Charron said we also have a ZBA meeting on December 4, 2003 at 7:00 p. m.
· Chairman Horgan thanked volunteers for providing TV coverage on Channel 26 for the public.
· With no further business to discuss, Bill Tsiros made motion to adjourn at 10:05 p. m., Charlie 2nd, motion carried.
APPROVED
_________________________________ __________________________________
Jim Horgan, Chairman Date
Planning Board
Town of Farmington
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