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Planning Board Meeting Minutes 04/06/04
PLANNING BOARD MEETING
TUESDAY, APRIL 6, 2004
356 Main Street

Planning Board Members Present:  Charlie King, Troy Robidas, Hiram Watson, Bob Talon, Gerald White, Jim Horgan
                         (Don MacVane called in to be absent)
Selectmen’s Rep:    Paul Parker
Staff Present:          Fran Osborne
Public Present:       Kevin Willey & Cathy Brown (NSCJCDP/CHANCES), Kellie & Jeffrey Gilman,
                         Randy Orvis (Surveyor), Herbert Portigue, Willis & Gloria Berry, Jim Langis, Terrie
                         & Clarke Bertrand, David DeJager

·       Chairman Jim Horgan called the meeting to order at 7:00 p.m.  The minutes of March 2, 2004 were reviewed.  Chairman Horgan acknowledged new Selectmen’s Representative Paul Parker and Bob Talon as new member.  Another new member Norman Russell was not present.  Chairman Horgan said he was offered a position as alternate board member and he is declining this position.  Hiram Watson made a motion to accept the March 2, 2004 minutes, discussion on clarification, Charlie King amended “for further clarification review the tape,” (insert on page 2 – 15th line from bottom after meeting reconvened at 7:55 p. m.), Gerald White 2nd, Bob Talon, Paul Parker & Troy Robidas abstained), motion carried.

·       Election of Officers:
(1)     ChairmanTroy Robidas nominated Charlie King as Chairman, Jim Horgan 2nd, Charlie King accepted the nomination.  Vote unanimous in favor of Charlie King as Chairman, motion carried.
(2)     Vice Chairman Charlie King nominated Hiram Watson for V.Chairman – Hiram declined because of obligations on other committees.  Troy was asked – he felt he could not be as available as he would like to be for this position, but would serve as Secretary.
Charlie King nominated Gerald White as Vice Chairman, Gerry White accepted nomination, Bob Talon 2nd.      vote unanimous in favor of Gerald White as V. Chairman, motion carried.
(3)     Secretary – Jim Horgan nominated Troy Robidas as Secretary, Hiram Watson 2nd, Troy accepted this position.  Vote unanimous in favor of Troy Robidas as Secretary, motion carried.
Charlie King motioned for a 5 minutes recess at 7:15 p. m., Troy Robidas 2nd, motion carried.     Meeting reconvened at 7:30 p. m.

·       Cluster Ordinance – will be mailed out to board members for review.

·       Building Permits on Private Roads:  (2 new building permits presented for review & recommendation by the PB for Lancelot Shores.
(1)     Randall & Holly Bemis,  (Tax Map R6, Lots 61 & 62), Lancelot Road.  New 2-story home is proposed, “private road acknowledgement” has been completed, approved septic design, letter from Lancelot Shores Improvement Association, Inc. on driveway location, building permit application in place.
(2)     Mark & Avis Bennett (Tax Map R12, Lot 4), Camelot Shore Drive.  New 3,763 s.f. home & 3-car garage proposed, “private road acknowledgement” has been completed, approved septic design, letter from Lancelot Shores Improvement Association, Inc. on driveway location, building permit application in place.
Process for private road building permits was explained for new members of the board.  Code Enforcement Officer Jack Dever recommended the 2 building permits to the Planning Board for their review.  Jim Horgan made a motion to recommend the above 2 building permits (Bemis & Bennett) to the Selectmen for their review and approval, Troy Robidas 2nd, motion carried.
Planning Board Meeting April 6, 2004 (continued)                                                        Page 2

·       Site Review Application Review David DeJager, 18 Civic St. (Tax Map U5, Lot 18).  Application to move location of Northern Strafford County Juvenile Court Diversion Services from 11 Summer St. to 18 Civic St.  David DeJager is representing his project.  He has met with the TRC to discuss the project.  He is relocating the Northern Strafford Juvenile Court Diversion Services/CHANCES offices to 18 Civic St. (formerly 12 E. Grove St.).  A narrative and requests for waivers are presented for inclusion this evening, a letter of assurance from neighbors at 11 Summer St. location, letter from Clark Hackett, Dale Sprague, Fire Dept. & Police Dept., all of whom have been consulted (copies of all are attached).  A picture of the proposed property taken during rain is provided.  Discussion on location of property.  Names of abutters have been provided and abutter letters sent.  Lot dimensions, landscaping, how currently being used, parking spaces (3), traffic flow and close up of actual lot information also provided & attached.  Deed shows boundaries as written into the deed.  Letters of support were given to board members for review & attached.  There are 3 part-time employees.  Most juveniles using services do not have transportation, 80% of applicants are from Farmington.  TRC comments are attached & were read.
Chairman King opened public hearing to public comment.
Lt. Kevin Willey – is now President of Northern Strafford Court Diversion Program.  He has been with the program since 1998.  This is an important program to Farmington and the surrounding area.  We provide services to juveniles & parents who would not otherwise have access because of costs (insurance, therapy, etc.).  We obtain referrals from Dr.’s offices, school counseling services, teachers, police department, local people, etc.  Services run mid morning to not later than 7:00 p. m. (last appointment at 6:00 p. m.).  We are a restorative justice program which makes juveniles responsible for their actions.  Remediation is involved.  We are moving because relocation is necessary as present building at 11 Summer St. is being renovated.  We are low impact.  We have only been called twice by the Police Dept. (for advice - not a problem.)  Most neighbors at 11 Summer St. did not know we were in existence.  This is a necessary program and needed here.  We have an 80% success rate at minimal cost to the community.  
Charlie King – how are you funded?  Kevin Willey – we are funded by grants, community, incentive funds from the county, other sources & some revenue from insurance.  
Troy Robidas – asked where juveniles come from.  Kevin Willey – 80% of residents are from Farmington.  The success rate of 80% is determined by taking into consideration if the juvenile has been through the court system within the following year after we see them.  There is an age out (18) of the program for tracking.   
Paul Parker – are clients drug, alcohol, domestic abuse, etc?  Kevin Willey – intake is done & very few are ever declined.  Juveniles could be in a secure facility or foster home if at risk juveniles.  We try not to turn anyone away.
Jeffrey Gilman, 17 Civic St. – I oppose this as I have relatives in this type of work & they have said there are problems.  I’m a neighbor & would like to see it stay a residential home.  I do not want to see this.  I have a young son, equipment for my business, & dogs.  I feel this would jeopardize my property.  I find it hard to believe his previous abutters are happy with him there.  We also run a beauty salon on our property.
David DeJager – I’m hoping to resolve issues.
Jeffrey Gilman – I’m looking out for my family and my best interests.  Discussion on options.
David DeJager – I tried to make a place available to make this work.
Terrie Bertrand – 22 Civic St. – I believe strongly in social services, but I have a 9-year old daughter.  We send our daughter to a Christian school.  We protect her mind, body & soul.  When push comes to shove, I will do anything to protect her.  I feel this is an endangerment to the community.
Clarke Bertrand – 22 Civic St. – there are children who have used drugs.  Being in the military service, I’ve seen the problems that arise.  I have tools as a mechanic.  I’m not comfortable with the 20% of juveniles success rate we don’t know anything about.  I talked to Mr. DeJager.  We are not sure exactly where the line is.  Is there any way to mark this out?  
Charlie King – we will take this under review.
Stewart Grubb – 6 E. Grove St. – I’ve seen this area go from rough to quiet.  It’s quieted down a lot.  I have 2 teenage girls.  I realize this is an important program but I don’t want to see trouble.  

Planning Board Meeting April 6, 2004 (continued)                                                        Page 3

Cathy Brown – I’ve been a resident in Farmington and work on this program.  A day at “CHANCES” starts at 10:00 to 10:30 a. m. with office time (intakes, referrals from high & middle school as well as K-3 school.)
We do not work with adults.  The majority of clients are ages 9 – 14.  Less than half are seen through the courts. The remainder are victims of neglect, sexual & domestic abuse. We are an insurance provider.  Usually after school, kids come – tobacco offenders included.  We are not a drug or alcohol preventive center.  We provide services regardless of income.  We are mostly 1 on 1 services.  We are 3 women (no restraint kids).  Kids come because they want to, sometimes we are the only safe place for them.  We see a lot of young children.  Guidance counselors, teachers, school nurse, etc. refer (1st time offenders).  Appointments are 1 at a time.  Our kids come because they want help.  I’m there the majority of the time.  No foul language, no drugs, alcohol, weapons or these type problems are dealt with.  There is no hanging around.
Paul Parker – asked if it is a home.  Cathy Brown – we are not a respite center.  
Randy Orvis – (speaking to abutters) – maybe your neighborhood is quiet now because of this program.
Paul Parker – questioned upgrades to the buildings.  Dave DeJager – we’ve addressed the inside through the winter.  The outside will be painted and spruced up.  The parking area for 3 cars will be gravel.  The barn will be upgraded.
Bob Talon – will you provide any type of screening?  Dave DeJager – there is some screening there.  Everything takes place inside.
Hiram – asked about waivers.  Letters for waivers have been presented.  Discussion on what was being done to the 11 Summer St. building.
Jim Horgan – questioned application being accepted as complete.  He is opposed to waiving the boundary survey.  Jim has confidence David DeJager will do what he says.  He is concerned about abutter concerns.  There is a new fear now.  I don’t know that we should instill fear in our residents.  The program is good, but we shouldn’t be allowing “fear.”  This should be taken into consideration.  
Troy Robidas – are you grading out front?  David DeJager – the tree will not be taken down, 3 parking spaces will be added.  The graveled parking area will be close to the house.  How will parking lights shine?  Discussion on lighting.  A right-of-way was discussed.  No problems with people coming through.  The house is being renovated since October 2003 when I bought it.  
Charlie King – what is the time frame of the lease agreement.  Dave DeJager - they could move any time.  Some of the waivers asked for (licensed land surveyor) should not be waived.  Drainage analysis was brought up.  Abutter issues also discussed.  It would be best to continue to the  May 4, 2004 meeting.  We need to make an informed decision on waivers.  Try to resolve issues with abutters (fencing, etc.). Applicant could use some more time.
David DeJager I’ve seen the program from the inside.  I’m going to consider withdrawing my application.  I know there have been no problems, but I would feel the same as you do (abutters).  I would have the same fears.  Jim Horgan made a motion to continue Dave DeJager Site Review for 18 Civic St. to May 4, 2004 PB meeting, Gerald White 2nd, motion carried.  Troy commended Dave DeJager for his decision.  Discussion on this being classified as a professional business use.  
Paul Parker – questioned need to go to ZBA for Special Exception.

·       Lot Line Revision, Ruby G. Hooper, Spring St. (Tax Map R49 Lots 24-1 and R49, Lot 25).  Randy Orvis is representing the applicant.  Randy – this land was bought many years ago & it was found a few years ago through a survey that the Curtis property (R49, Lot 25) was a problem.  The line comes through the corner of the house.  Approximately 1,640 s. f. will go to the Ruby Hooper lot to clear the corner.  These are 2 nonconforming lots.  The bigger lot will be made smaller & the smaller lot made larger.  We didn’t have a quorum for the ZBA meeting to take place April 1, 2004.  I would like to request the PB consider conditional approval.  This is a 1-acre zone.  The larger lot is .85 acre & will be reduced to .81.  The other is .25 acre & will go to 1/3 acre.  There is town water but not sewer.
Charlie King – this is a lot line revision.  Randy Orvis – yes.
Paul Parker – I don’t see where this would be a problem.

Planning Board Meeting April 6, 2004 (continued)                                                        Page 4

Jim Horgan – I have a problem taking action on this prior to ZBA hearing, however, I would make a motion to accept the lot line revision contingent upon granting of the ZBA Special Exception to be heard by the ZBA on April 15, 2004, Bob Talon 2nd, motion carried.  
Paul Parker – I wouldn’t make a habit of conditional approval, but in this case I would recommend it.  Discussion with landowners.  Do we have a signed agreement from property owner?  Randy Orvis – they are part of this application.  This is just a lot line revision.  
Jim Horgan – this is not unreasonable.
Randy Orvis – Farmington is the only town that has an ordinance that addresses this.

·       Old Business:  Charlie King referenced letter from Norman Russell dated March 2, 2004.  No one from the public is here to discuss this letter.  This is not in the best interest to discuss this as a board.  It will be a part of the record.

·       Open Space Cluster Ordinance:  Charlie King will get the final draft to Fran for mailing to board members for next meeting April 20, 2004.  We’ve incorporated Gerry Mylroie, Mike Garrepy and public comments into it.  

·       Planning Board Rules of Procedure:  Charlie King said this procedure needs to be looked at.  The last time it was addressed was October 2003.  Look at TRC procedure – discuss at future meetings.  He questioned if we should have By-Laws for the Planning Board.  Talk about administrative concerns in a separate document.  Discussion on time for meetings, 6:00 p.m. rather than 7:00 p.m.  Consensus was 7:00 p.m. was the better time.
Randy Orvis asked about having meetings put back to 2nd & 4th Tuesdays because of 1st & 3rd Tuesdays conflicting with so many other towns in the area.  Discussion on TRC procedures and abutters being present at TRC meetings.
Jim Horgan – don’t mix apples & oranges.  There are 2 separate functions here.  The more you put in writing, the more obligated you are.  Jim thanked all the board for their support.
Paul Parker – is anyone interested in becoming the ZBA/PB Liaison person?  Discussion.  Randy Orvis said the ZBA is an important function because it is the appeals board.  He was hoping to be televised to ask the public if anyone might be interested in becoming a member of the ZBA.  
Charlie and all board members thanked Jim Horgan for his service to the Planning Board for so many years and hoped he would be involved in some manner in the future.  Fran also thanked Jim for his coming in to review plans before meetings and reviewing agenda to be mailed to board members for upcoming meetings.

·       With no further business to discuss, Jim Horgan made a motion to adjourn at 9:30 p. m., Gerald White 2nd, motion carried.  

APPROVED



______________________________________                          __________________________      
Charlie King, Chairman                                                  Date

Town of Farmington