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Planning Board Meeting Minutes 1-6-04
PLANNING BOARD MEETING
TUESDAY, JANUARY 6, 2004
41 South Main Street

Members Present:  Jim Horgan, Charlie King, Hiram Watson, Troy Robidas, Gerald White (Don MacVane
                         called in to be absent), Bill Tsiros on vacation
Selectmen’s Rep:    Barry Elliott
Staff Present:          Fran Osborne, Ernest Creveling
Public Present:       Cynthia Copeland & Gerald Mylroie (SRPC), John Huckins, Pete Landry for Pete Rizzo,
                          Helen Constantine, Equivise Reps. (Steve Mayo, Eric Pearson, & Herbert Peterson),
                          Alyssa Copeland-Will, Brad Anderson, Cindy Poulin, Kathy King & others not signed in

·       Chairman Horgan called the meeting to order at 7:00 p. m.  Minutes of December 16, 2003 were reviewed and motioned for amended approval by Hiram Watson & 2nd by Troy Robidas as follows:
Page 3, line 20 – correct after Hiram to read – discussion on a goal I suggested at the October 23rd public hearing to have a paving program for unpaved roads and NOT seeing this included as input on the questioneer – this was wrong.  People need to be recognized, not be shut out.
Page 2, change Clarement to Claremont.
     Vote was in favor with amendments and carried with Gerald White abstaining from vote.

·       Cynthia Copeland, Executive Director of Strafford Regional Planning Commission.  Cynthia has been executive director since July 1999.  She is here to discuss the basis for their fees for dues paid by the Town.  Cynthia and Gerald Mylroie, Senior Planner gave an overview outline for the board members (see attached).  Cynthia emphasized their mission and goal is to plan and act to achieve sustainable development means balancing economic progress with environmental protection & community well being.  We are 1 of 9 regional planning commissions.  SPRC includes 18 communities in Strafford County, 3 in Rockingham and 2 in Carroll County, the region comprises 517 sq. miles, has about 133,000 residents and $8.3 billion assessed valuation.  SRPC serves in an advisory role to local governments & organizations working to coordinate local planning strategy implementation, promote orderly growth & efficient land use & transportation systems, addressing issues of area concerns.  They have gathered & collected information for GIS Systems in the Strafford region which is a water resource working with Lee & Madbury area.  Work has been done in adding value, improving quality of life, transportation and project implementation strategies (growth, infrastructure planning).  Information is collected & disseminated & education done through outreach activities, add to market value of properties, conservation of thousands of acres, protect water resources improve transportation of goods, people & services & quintupled financial resources available for the region.
Financial resources discussion:  SRPC Operating Costs are $503,000; $398,700 is received from revenue sources (external grants, contracts & federal, state, other sources); $19,000 from private contracts, grants municipal, nonprofits, (GIS Maps, etc.), $85,607 received in local dues with $49,250 used for match for  $281,000 in external grant matching funds from EPA, Coastal grant (OCEANA), etc.
Farmington’s SRPC dues for 2004 will be $4,640.00 which is 78¢ per capita and $4,900.00 in 2005 which is 81¢ per capita.
Hiram Watson – how many are on your staff.  Cynthia Copeland – about 11 people.  Cynthia said they have a long-term working relationship with the community including the University of NH.  
Troy Robidas – asked about system for determining dues.  Cynthia Copeland – we have a 3-tier system for determining dues:  (1)  full time staff (over 10,000 population), (2) under 10,000 population but over 5,000 which Farmington comes under, and (3) 5,000 and under population.  Only 5 communities have full time planning staff.  
Charlie King – asked if Gerry Mylroie’s services are additional above dues paid and Cynthia said they were.
Discussion on Rte. 11 Access Management Study which involved Rochester, New Durham and Farmington which seem likely partners.  Part of the process is looking at where the need is.  We are looking at our next

Planning Board Meeting January 6, 2004 (continued)                                                      Page 2

project which will be the Rte. 125 study.  We write grants and have been successful with our grant writing which provides additional dollars.  We set up projects and administer them.  
Gerry Mylroie – many technical questions are answered over the telephone.  “How To” series are sent to Conservation Commissions, ZBA and PB as well as Selectmen in towns.  We just released a “Housing Needs Assessment Study Report” which will be available this month.  It is a valuable tool for assessing needs in the community.  Transportation, water quality, updating regional Master Plans (with input from area Planning Boards.)  We constantly have sources we try to make available to communities through mailings.  The Main St. Program is very strong and we work with CDFA.  This brings in financial input.  We are working with Somersworth and Newmarket on Downtown Initiative.  We look at increasing downtown upper floor rental space available and filling them if vacant.  We want to make the downtown productive.  
Gerry Mylroie – we have SRPC staff who attend PB meetings every month.  Input has been strong for upgrades of ordinances and regulations this seems to be a common problem area in many communities.  The 3rd Thursday we schedule a meeting where you can come and talk about common problems in communities.  We worked with 6 communities last year on DES source water and a 1500-acre project involving Barrington and the headwaters of the Bellamy River.
Cindy Poulin – how does Farmington get involved?
Cynthia Copeland – in looking in the region, workforce housing and conservation planning is looked at.  A newsletter went out.  We see how we can help.  We try to market the community when we see an interest from the community – we will shop it.
Main St. Program – we call communities and we see if they are ready and interested to be involved.  We then commit our resources to it.
Gerry Mylroie – things are available on our SRPC website.  We use our website extensively.
Discussion on transportation.  Chuck Wise who was our Transportation Planner worked with intermodal transportation, DOT and Governors Office to take projects to the legislative hearing process.  Transportation Enhancement was worked on by Chuck Wise in Farmington on a multi-use trail from the School and other areas in town.  Development of low-cost, low tech wetlands crossing was done as part of this project.  We even worked with the Board of Selectmen walking boundaries.  This is a competitive funding source.  We missed the last cycle by 1 or 2 points.  We are committed to these projects.
Gerry Mylroie – discussion on transportation access study – maintaining traffic flow, population growth, demographics, greater service and results by adding economic development.  Chairman Horgan thanked Cynthia Copeland and Gerald Mylroie for their presentation.

·       9-Lot Subdivision Review Application continuation by Rizzo Enterprises, Phase III, Cherub Estates, (Tax Map R61, Lot 5).  Peter Landry of Landry Engineering is representing Peter Rizzo.  Discussion on 1” of paving and changing to requirement of 2” – this will be done.  We’ve narrowed this latest memo down to comments of newest engineer.  There are 4 items on memo of December 24th from SEA Consulting.  Pete Landry presented a letter dated January 5, 2004 (attached) to the Town of Farmington from Rizzo Enterprises stating he is 85% complete.  According to the SEA engineer they are asking for more detail  (discussion on 4 concerns, driveway culvert crossings for roadside ditches – crossing detail size, length, inlet & outlet details.  SEA engineer, Rick Fink needs information on calculations, level spreader and outlet protection to insure no erosion will take place.  Pete Landry – two 24” culverts will be installed.
Gerald Mylroie – it may be helpful if we go through items one by one with SEA to see if it is resolved. According to Rick Fink of SEA items 1 – 7 have been satisfactorily met in Phase III.  Rick Fink will be the engineer following up on town projects in front of this board.  Some of Jim Bolduc’s comments as far as detail on plans did not go far enough.  Need grading around inlet and outlet.  Concrete headwalls is additional information.  Discussion by Rick Fink, SEA on stoned area at end of pipe – water will move quickly – I am concerned about thickness of stone materials.  I need more information on this (calculations).
Gerry Mylroie – I think this is ready for conditional approval .  I would suggest it is possible to reach a satisfactory resolve between SEA as a condition of final approval on #8.  
Planning Board Meeting January 6, 2004 (continued)                                                      Page 3

Barry Elliott – asked if a drainage calculation report was done.  Discussion.  Need specific detail on what is intended to be done.  Put this on plans so construction can move forward.  He wants to see calculations related to pipe size (inlets & outlets).  Need to see some continuity.
Gerry Mylroie – staff could recommend approval conditional on items 8, 9, 10, & 11 being addressed and allowing mylar to be signed by PB Chairman.  Discussion on crash guard rail.  Pete Landry doesn’t feel this is a requirement of our subdivision regulations.  Discussion on guard rail issue.  SEA Consulting – questioned post spacing – 6’ 3” vs. 10’ on design put forth.  Timber rail crash worthy design includes posts 4 to 5’ apart.  There is a question on life safety here.  If what is proposed can be shown as sufficient I’d look at it.  Also spacer blocks should be used to keep a vehicle away from the posts if hit.
Pete Landry – rail is not designed for safety (it’s only about 5’ at end of culvert headers).  Rail is designed for aesthetics only.  
Charlie King – it should meet approved design standards.
Gerald White – is this going to eventually be a town road?  If so, let the developer deal with it at that point.
Pete Landry – the road will be private until the town takes it over.  Discussion on this process.
Jim Horgan – do we want higher standards now or later?
Hiram Watson – can you meet with SEA and work it out to get things going?  Discussion.  I’m comfortable with Gerry Mylroie’s suggestion.
Gerry Mylroie – I would recommend Phase III be approved subject to resolution (items 8, 9, 10 & 11 on 12/24/03 letter) by the town engineer and applicant.  Allow the PB chairman to sign the mylar plan.  
Charlie King – we do not have specific requirement, but SEA has a valid recommendation.  Work with the applicant on a minimally acceptable standard on steep embankment of culvert inlet or outlet.  SEA Rick Fink – I would prefer flattening of the slope.  It might not be feasible for only 7 houses, but I don’t want o make that determination.  
Barry Elliott – we need to let them work it out.  Has drainage detail been addressed and is it on the plan or in the drainage calculation analysis?  Address this.  Phase I & II concerns – are they resolved?  SEA has not seen the project since snow fell and can’t determine if this is complete or not.
Gerry Mylroie – this is a code issue.
Barry Elliott – if this affects Phase III it should be addressed.
Jim Horgan – the pond being turned over to the Fire Dept. to be developed as a water resource is between the applicant and Fire Dept. and not an issue here.  Discussion.  Issues in Phase I & II are pretty much a done deal.
Pete Landry – we will work with Mr. Fink on issues.
SEA Rick Fink – discussion on culverts for driveways.  They are not on the plan.
Pete Landry – 12” culvert with added inverts is added on profile sheet.
Charlie King – motion to accept the plan for 9-lot Subdivision Application by Rizzo Enterprises, Phase III of Cherub Estates (Tax Map R61, Lot 5), approve conditional on resolution of SEA Consulting’s issues in memo of December 24, 2003 specifically items #8, 9, 10 & 11 (including driveway details) and allow Chairman of the Planning Board to sign the final mylar plan, Troy Robidas 2nd, all in favor, motion carried.  At 8:30 p. m., Gerald White made motion to recess for 5 minutes, Charlie King 2nd.  Meeting reconvened at 8:45 p. m.

·       Site Review Application by BU Rentals (David DeJager) continuation (Tax Map UI6, Lot 117) to increase number of units from 6 to 9 units within the existing building.  Gerry Mylroie spoke with David DeJager and David would like to continue this to the next meeting to be able to prepare necessary information.  Troy Robidas made a motion to continue this to February 3, 2004, Gerry White 2nd, motion carried.  

·       Pursuant to NH RSA 675:3, 675:6 & 675:7, notice for consideration of the following amendments/additions to the Zoning Ordinance:
(1)     Add Section 4.06 entitled “Elderly Housing.”
Planning Board Meeting January 6, 2004 (continued)                                                      Page 4

(2)     Amend Section 2.09 (Boundary Description of Districts,” specifically:
* Industrial Business District (IB)
* Commercial Center District (CC)

·       The Board of Selectmen have recommended the above changes.  
Gerry Mylroie – this has a great potential of being beneficial to the town of Farmington.  Review as part of the Master Plan.  Equivise has a presentation and I’ve presented a memo regarding amendments to zoning.
George Meyers – I’m half owner of this subject property.  He gave an overview.  Handouts were given out to board members.  We are trying to get as much exposure as possible.  For 20 years I’ve worked to try and sell this property which is just before Voith Sulzer going into Rochester.  Discussion on topo of this property and difficulties this presents (labor force, set up, etc.).  The Zoning Ordinance amendment was proposed for economic development.  A possible supermarket and a cluster housing approach for Elderly Housing on the back property with 30% of open space conforms to town’s regulations.  We have a detailed plan for the 55+ elderly housing which will bring in $1.2 million in tax revenues (if supermarket is added it will be $2 million).  All services will be maintained by the community being built.  There will be very little necessity for the town’s services.  
Equivise – Steve Mayo, Eric Pearson and Herbert Peterson are here to do a presentation.  We are a small development company.  Last November 17, 2003 the Board of Selectmen voted to sponsor a zoning      amendment to allow us to do a 55+ cluster housing project.  We are here to ask the PB to support this amendment for inclusion on the town warrant in March 2004.  This is a 140-acre parcel off Rte. 11.  The front will be in the Commercial Center and consist of 40 acres, with 100 acres in back 400’ back from Rte. 11.  We hope to attract a supermarket and retail stores, bank or whatever.  A 200-unit cluster development behind the supermarket is planned for 55+ people.  Engineering will be done by Norway Plains if we go forward with this proposal.  Features of possible building designs were shown.  A double boulevard will be going up one way and back, there will be 3 miles of walking paths connecting to the commercial area, pedestrian crossways and a clubhouse on 2 acres.  Typical plans were brought to show the board.  Price will be in the $200,000 range.  This community is governed by RSA’s and covenants of ownership.  They will be over 55 residents, little town services will be needed, roads will be maintained by the Association, no kids and private garbage removal.  The proposed zoning change would help.  Because this is now in the IB which would require trailer trucks, you can’t turn a tractor trailer well on steep slopes.  We propose to extend the Commercial Center zone to the end of the proposed property with an Elderly Housing overlay.
Gerry Mylroie – supported with some good ideas (see attached.)  We can work together with SRPC and tailor the zoning amendment to what is beneficial.  There is low impact use of land, good tax benefits and studies show these communities do not require town tax dollars, but bring in tax dollars.  
Charlie King – how many pieces of land are affected by the proposal?  Has the other property owner been contacted?  The answer is “no.”   The amendment is specifically addressing this piece of property.  It should be the responsibility of the town to look at all landowners affected.  We need to do our homework on this change.
Barry Elliott – discussion on zoning change. There is a small piece of land in addition to this proposed project.  Look at the way the land is situated and what it is acceptable for.  This project helps us to be flexible to an   opportunity to let a good project happen.  Don’t pigeon hole properties.
     Kathy King, Ten Rod Rd. – is it 100% 55+?  Equivise – yes.
Cindy Poulin – would these folks be banned from raising grandchildren if they needed to?  Equivise – they are not allowed to have school children in the schools.  What about a traffic light on Rte. 11?  Equivise – that would be up to state DOT.  
Brad Anderson – concerns on traffic light and getting in and out of project.  This is happening in an independent vacuum.  What about safeguards?  Care needs to be taken with the Elderly Housing Ordinance.  There is a recommendation to avoid strip malling.  I’m not opposed to this.  It needs to be coordinated with the planners.  A grocery store would impact downtown stores.
Steve Mayo (Equivise) – we have cooperated with all town boards.  
Planning Board Meeting January 6, 2004 (continued)                                                      Page 5

Gerry Mylroie – I reviewed the proposal for the zoning amendment and change.  Copies will go to the TRC Dept. Head review on Thursday a. m.  This should be done in context with the Master Plan being worked on.  This can be designed to minimize strip malling.  The railroad right-of-way was shown – the state owns this, and they will allow traveling across this right-of-way.  I have a written letter to that effect.
Charlie King – is this considered part of the trail system being proposed?  This is intended for recreation.  Discussion.  
Gerry Mylroie – work with sponsor on further clarification of boundaries.  If the PB decides to amend the CC boundary further south along Rte. 11, make sure access management techniques for this area get
implemented as this is developed.   Elderly Housing is permitted in all districts – this is not an appropriate mixture for the IB.  It is in the CC, and could be acceptable.  Instead of overlaying this over the IB district, I would suggest to change it all to the CC with the provision to allow Elderly Housing 400’ back.  It is a good use.  Discussion on changing to AR (Agricultural Residential) instead of CC in the back portion for the Elderly Housing.  Screening or buffering can be done to make this work.  About 1000’ is in the AR zone of this property.  
Gerry Mylroie – limit to all base zones except the IB.  Change the rear of the proposed Elderly housing property to the AR or CC.  The development standards in the ordinance give variations as to intent.  Developer provided covenant restrictions.  Work with the applicant on building heighth (35’ maximum) which is consistent with zoning.  Challenge – improve Elderly Housing overlay to include design development standards to be incorporated into the town’s standards.  Condo development should be subject to provisions of the town’s subdivision and site regulations.  I would suggest modifying boundaries to be consistent with the ordinances.  Discussion of age restrictions in covenants.
Charlie King – what about willing of the individual units on the property?  This could be a concern if someone is under 55+.  
Gerry Mylroie – address this in the covenants.  They are buying property knowing the restrictions.  They are recorded restrictions and run with the property.  Discussion on site lot under homeowners association.  Change 20 to 6 acres to accommodate other areas in town where Elderly Housing might be feasible.  Discussion on #2 dimensional regulations of proposed amendment (10,000 s. f. – ? acre of property).  Discussion on condos with sidewalls (see attached recommended changes by Gerry Mylroie).  Record covenants in final approved format as part of the approval.  Recommend continuing to January 20, 2004 and review/resolve issues presented here.  At that time if the PB concurs they could recommend to the selectmen.
Hiram Watson made motion to continue this hearing of amendments/additions to the Zoning Ordinance:  (1) add Section 4.06 entitled “Elderly Housing,” (2) Amend Section 2.09 (Boundary Description of Districts,” specifically:  * Industrial Business District (IB) and *Commercial Center District (CC); (3) proposed “Sexually Oriented Business Ordinance” as part of the Zoning Ordinance of the Town of Farmington to January 20, 2004, all in favor, motion carried.
Motion by Hiram Watson to recess for 5 minutes at 9:55 p. m., 2nd Troy Robidas, motion carried.  Meeting reconvened at 10:00 p. m.  
Jim Horgan – asked about ambulance service statistics for Elderly Housing 55+.  What about percentage of 55+ occupants of a unit?  What about disabled (age)?  Discussion on minimum lot size (20 acres).  This is a significant change.  Open or green space requirement is 15% - proposed is 30%.  We recently approved a donut shop on Rte. 11 which is just outside the CC.  I would suggest the area beyond Meetinghouse Hill Rd. be considered as a change to the zoning as well.  Covenants – limit number of people in bedrooms.  Discussion on covering this use in the Table of Permitted uses.
Troy Robidas – I was thinking the same thing and I agree with rezoning on Rte. 11.  Work on this.  Maybe this is a year too soon.  
Barry Elliott – I think we need to look at properties individually.  I’m set to move forward.
Hiram Watson – I don’t see a problem to move forward.  I like Gerry Mylroie’s recommendations to amendments.  We need to look at this opportunity and not miss out on it.

Planning Board Meeting January 6, 2004 (continued)                                                      Page 6

Gerry White – I like the concept.  We need a supermarket.  We need to see what the voters say on the amendments.  
Charlie King – I disagree with what Barry said.  These zoning amendments do not involve abutters or address them and it does not include incorporating this into the Master Plan and Zoning Ordinance.  They need to work together.  This has potential impacts in other zones.  To just allow this as written would allow other developers to come in and abuse.  Going forward is not in the best interest of the town.
Steve Mayer (Equivise) – I don’t see a problem conforming to Gerry Mylroie’s suggestions.  We can spend time to make substantial changes to make it fit the needs of Farmington.
Jim Horgan – continue this to January 20, 2004 to decide whether the PB recommends this to the Board of Selectmen.  Work with the ZAMPS Subcomittee.
Charlie King – have ZAMPS review and comment for the next meeting.  Get input to Gerry Mylroie. Present problems that may arise.  
Jim Horgan – suggested getting copies to ZAMPS members to comment for the next meeting.
Barry Elliott – we may throw away a very good opportunity.
Troy Robidas – I’m not sure of the location for this.  Discussion.
George Meyers – I’m concerned about delays.  We’ve been 20 years with this property and I’ve lived here 35 years – that should account for something.
Charlie King – continue to January 20, 2004, Troy 2nd, motion carried.

·       Annual Report 2004 Planning Board.  Fran composed the annual report for review by the Planning Board.  Board members reviewed and Hiram Watson made motion to send to Town Administrator, Barry Elliott 2nd, all in favor, motion carried.

·       AER (Applied Economic Research) Funding – the Selectmen have agreed to fund AER through March at $27,000.  Town Administrator, E. Creveling will get together with AER next Wednesday at 1:30, then the first meeting with ZAMPS Subcommittee should include Planning Board members (any Thursdays).  AER will correspond with Charlie King, then let Fran know to notify the Planning Board members.

·       With no further business to discuss, Gerry White made a motion to adjourn at 10:35, Barry Elliott 2nd, motion carried.

APPROVED



____________________________________                    ____________________________________
Jim Horgan, Chairman                                            Date
Planning Board
Town of Farmington