PLANNING BOARD MEETING
TUESDAY, MAY 4, 2004
356 MAIN STREET
Members Present: Charlie King, Norm Russell, Gerald White, Bob Talon, (Don MacVane, Troy Robidas &
Hiram Watson called to be absent)
Selectmen’s Rep: Paul Parker
Staff Present: Fran Osborne
Public Present: Peter Cicolini & Chip Williams
· Chairman Charlie King called the meeting to order at 7:05 p. m. Review of April 20, 2004 minutes. Bob Talon made motion to accept the minutes as written, Norm Russell 2nd, all in favor, motion carried.
· Building Permits on Private Roads: Charlie King has re-cused himself from the board for Morris Pigeon.
(1) Morris Pigeon (Tax Map R6, Lot 80), Tristan Drive, new 2-BR cape home 28’x32’ with plan of home, approved septic design, letter from Lancelot Shores Improvement Association, Inc. approving driveway location & no need for culverts, Private Road Acknowledgment filled out, CEO reviewed and sees no problems with the application.
(2) Morris Pigeon (Tax Map R6, Lot 81), Tristan Drive (next to above application), new 2-BR cape home 28’x32’ with plan of home, approved septic design, letter from Lancelot Shores Improvement Association, Inc. approving driveway location & no need for culverts, Private Road Acknowledgment filled out, CEO Jack Dever reviewed and sees no problems with the application.
Bob Talon – I would still like to see the road agent, Clark Hackett review, but these permits probably do not need a culvert. Discussion of test pits. No drainage problems seen on septic designs. Norm Russell agreed he would like to see Clark check out driveway locations. Bob Talon – people coming to the PB will be coming for driveway placement & someone qualified (Clark Hackett) should look at these locations. Discussion on CEO doing this – the board feels CEO would not have time to accomplish this task. Paul Parker agrees.
Bob Talon made a motion to accept these building permit applications (Morris Pigeon, Map R6, Lots 80 & 81) as submitted and recommend to the Selectmen for their approval, Norm Russell 2nd, all in favor, motion carried. Charlie King is back on the board.
· Appointment Procedure for Town Boards and Committees – Chairman Charlie King said because it is close to 7:30 p.m. we will address this after the public hearing portion of the meeting. Gerald White made a motion to recess for 5 minutes, Bob Talon 2nd, motion carried. Meeting reconvened at 7:30 p. m.
Public Hearing 7:30 p. m.
· Site Review Application by Peter Cicolini (Brookside Properties Services, Inc.), Tax Map R20, Lot 19
N. H. Rte. 11. Lease building for automotive repair and spray-on bedliners. Peter Cicolini & Chip Williams are representing this hearing. This building used to be Dalphe Machine Shop. Peter has someone under agreement to lease the shop. We have been to the TRC twice. The review by the TRC dated May 4, 2004 was read (attached). Discussion on storage – oil is stored in containers, there will be no empty drums or containers left on site – our rental agreement includes these items. Discussion on “fire suppression equipment and an alarm connection with the Fire Dept.
Chairman opened to PB member comments. Norm Russell – application is to perform light motor vehicle repair & bedliner application.
Peter Cicolini – primary function will be truck bedliners, motor vehicle service will be oil changes, exhaust, tune-ups, etc.
Planning Board Meeting May 4, 2004 (continued) Page 2
Norm Russell – Table of Permitted Uses – made distinction between motor vehicle repair & motor vehicle service purposely. Discussion on repair motor vehicles in CC zone & motor vehicle service in CC zone only. This is more of a service oriented business. Discussion on interpretation of the Zoning Ordinance.
Paul Parker – that’s pretty much as it was. Repairs would be transmission replacement/repair, etc. I agree with Norm Russell.
Bob Talon – the service question arose in my mind also – repair vs. service aspect.
Charlie King – where would you put the bedliner? Norm Russell – that’s a service. The Table of Permitted Uses is not defined enough. Discussion.
Charlie King – based upon the TRC memo, the CEO & TRC have interpreted this as being allowed. Discussion on this not being allowed.
Norm Russell – CEO made the right decision on motor vehicles being repaired.
Peter Cicolini – my discussion with the TRC was to hone back repair due to fluids. I did what I could to minimize repairs. The tenant could do repairs of transmissions & I could broaden that use.
Norm Russell – when boundaries are created, it encompasses the entire site.
Charlie King – based on Mr. Cicolini’s input, would it be in our best interest to change his description? Discussion. Peter Cicolini - tenant wanted to ad automotive repairs to diversify his business.
Paul Parker – asked about a parts washer.
Charlie King – where do you define bedliner?
Norm Russell – I believe it is a service. It’s not a repair. I see no loophole around this.
Paul Parker – he needs to go to the ZBA for a variance.
Charlie King – definition of lot – bulk of lot is in the IB zone. Work will be in the front where the building is in the IB zone.
Peter Cicolini – the bedliner is a repair. I don’t see anything that would specifically define repair. My ultimate goal would be to have this defined as CC zone property. If the specific use needs rezoning, I would like to start the process. My immediate concern is the tenant being able to operate his business. Is there a way to obtain approval?
Paul Parker – apply for a variance – proposal is “for a service” not permitted in the IB. Repair is allowed. Discussion on repair vs. service. Peter Cicolini – I will expand “repair.”
Charlie King – we should decide whether CEO/TRC is correct or should we?
Motion by Paul Parker, 2nd by Gerald White to send Peter Cicolini to the ZBA for a variance. Discussion. Bob Talon – I feel it is compatible to an extent – I’m undecided. Norm Russell is also undecided. Bedliner could be considered a repair.
Charlie King – bedliner is more suited to the IB zone. Use is consistent with that district. Process is consistent with IB based on business being fronted in the IB.
Norm Russell – discussion on this property being right on Rte.11, repair process, and request that there be no vehicle storage. Modify application to say new truck bedliner installation.
Charlie King – the CEO & TRC have recommended this – in the future we should be more specific.
Vote on motion for Peter Cicolini to be sent to ZBA for a Variance was (1) for – Paul Parker and (4) against going to the ZBA for a variance, motion failed.
Charlie King – questions on his review of package mailed to board members for this application. He questioned how Components A&B of bedliner & coloring agent (is coloring agent added prior to receiving it?). What is the use of this in the process? Discussion on this being a quick-drying agent added as an accelerant. What would quantity be at the facility?
Peter Cicolini – it comes in 55-gallon drums & is activated when heated as far as I know, but I can certainly find out.
Charlie King – what quantity of the drying agent (polyurethane component) would be on site? I have concern with the Fire Dept. (foam fire requirement & self contained masks). Is the Fire Dept. aware & properly equipped to handle this type of product in the community? The accelerant concern would be spillage into drains – contaminant to ground water. Part A of the solution has similar concerns. The EPA
Planning Board Meeting May 4, 2004 (continued) Page 3
considers it a toxic chemical. Need area to be stored properly. Is it a concrete floor or what? Upon site assessment – it is probably gravel or wet area. The town well aquifer is also close by. Discussion. Dale has made an assessment. Proper storage is a concern & not recommended on a concrete floor. Containment storage should be a sealed floor to prevent spillage. Peter Cicolini – an overspray booth will be provided. The process could be done to seal the concrete. Charlie King - I think it would be in the best interest to be approved by the Fire Dept. & see how it is to be stored. It is good you have limited storage on the property of chemicals.
Peter Cicolini – he suggested the fire alarm system & I would install this if requested. He had the sheets & looked at them. The building will have 2 fire extinguishers on site.
Paul Parker – mentioned pressure, self-contained fire equipment to fight a fire if it happened. Spillage – what would be used for this? Fumes – questioned when heated emission of odors. Is it easily dispelled?
Peter Cicolini – Chief Roberge talked to one of these types of facilities.
Paul Parker – Rattlesnake Brook is close by. Will this affect water quality? Peter Cicolini – site is pitched away from Rattlesnake Brook. What type of absorbant material will be used?
Charlie King – Mr. Cicolini is trying to limit materials on site. How many barrels are we looking at?
Peter Cicolini – I can find out. My understanding is, it is heat activated.
Norm Russell – in what volume will new oil be stocked. Peter Cicolini – quarts. Norm – how many~? You may need a container to hold them, depending how many.
Paul Parker – MSD sheets – provide to the Fire Dept. Peter Cicolini – Ed Robinson has the same set you have here.
Paul Parker – what kind of containers will materials come in? Peter Cicolini – 55 gallon drums. Discposal will be handled by tenant (possibly the manufacturer)? Peter will find out for sure.
Charlie King – track “Bill of Laden” for disposal to cover liability.
Paul Parker – lease agreement is for one year (trial basis). Suggested Dale Sprague check every year instead of every 2 years.
Bob Talon – how long has the building been empty? Peter Cicolini – since December 2003. Discussion on contours at back of the building. Bob Talon questioned 6 parking spaces defined – I honed them back. These parking spaces were there. I added one as a handicap spot. The plan submitted from 1987 shows parking spaces in front. Discussion.
Charlie King – the TRC is trying to make it more in compliance. The buffer to the river was discussed. Bob Talon stressed as a licensed professional, this plan submitted constitutes plagiarism. This board cannot stamp a plan that is someone else’s. Discussion on this plan being signed by a deceased professional. We should not accept this plan as part of the record as the signature does not reflect the professional engineer’s signature on the plan as being done by him.
Charlie King – this information even though not correct is part of the record. We can vote to not accept it as complete. It needs to be resubmitted by the applicant.
Bob Talon – I make a motion that we cannot accept this plan as an engineered plan, Paul Parker 2nd, all in favor, motion passed.
Charlie King – submit changes from the 1987 plan on a separate plan and submit a waiver for updated engineered plan. Peter Cicolini stated he only used the plan to show what was there and what is proposed. He never had any intention of any harm to the plan engineer. Charlie King – discussion. Consider request for waiver of surveyors/engineer’s stamp.
Bob Talon – take the original plan with no changes from 1987 as the plan of record showing the existing conditions. Make the recommended changes as a separate attachment to the plan from 1987. Discussion.
This will eliminate conflict.
Gerald White – questioned control parameters being in Germany. Discussion. Is this in compliance with USA standards requirement? Charlie King – Isonites – are toxic to the human body – the body becomes desensitized to it the more you are around it. I am concerned about having a filtered ventilation system used in the bedliner spray booth. Size of business may be a consideration (amount used).
Planning Board Meeting May 4, 2004 (continued) Page 4
Norm Russell – asked about sign for business. Will it conform to our sign ordinance? Peter Cicolini – it will be smaller than the sign ordinance requirement. Norm said you could have a banner as long as it meets sign ordinance. Norm reiterated items to be brought to the PB. You will be doing new truck bedliner application, tuneup and minor automotive repair business, no storage of dis-assembled vehicles. At this point, a motion was made by Paul Parker, 2nd by Norm Russell for 5 minutes recess at 8:55 p. m., motion carried. Meeting reconvened at 9:00 p. m.
Discussion on modifications to Peter Cicolini’s narrative. Parking spaces in front of the building (leave as is on stamped drawing as existing parking). Do not change parking. See the following list for Peter Cicolni to bring back:
(1) No motor vehicles to be placed or stored outside the building.
(2) No disassembled motor vehicles/parts.
(3) 55 gallon drums – elevated corrugated pallet with space for spillage containment.
(4) Additional information on storage/handling of chemicals on site. Manufacturers recommendation on grounding requirements.
(5) Safety precautions as far as spills or fire (notify the Fire Dept.).
(6) Show delineation on plan where chemicals are stored in the building with issues of chemicals as well as where oil is stored and how much.
(7) Is ventilation required for chemical sensitivity?
(8) Amount of drums stored on site.
(9) Disposal of drums – how disposed of?
(10) Letter from Fire Dept. being able to handle chemicals and self-contained breathing apparatus being
available for use.
(11) Include hours of operation.
(12) Revised plan showing 1987 original conditions & attachments with changes proposed.
(13) Request of waiver by licensed land surveyor/engineer.
(14) Add 2nd paragraph after “Light motor vehicle repair and new truck & repair bed liner installation.
2nd sentence at end after motor oil changes, tune-ups & exhaust repairs.
Motion by Norman Russell to continue Peter Cicolini Site Review Application to May 18, 2004 at the
workshop meeting, Gerald White 2nd, all in favor, no discussion, motion carried.
· Application Procedure for Town Boards and Committees:
Paul Parker – add a sentence “the new applicants need to be interviewed by Selectmen.” The previous members did not have to go through another interview by the Selectmen.
Charlie King – performance – for re-applicants, determine how effective they are in carrying out their duties and how.
Norm Russell – we have a Selectmen’s Rep who can report to the Selectmen on an evaluation. Charlie – it is still one person’s opinion. If it is a differing opinion it could be biased. Norm Russell – the board itself could rate applicants. The boards can discuss it among themselves. Discussion on performance and attendance. Norm said Fran could keep an attendance log. A suggestion was made to Fran to have the PB Secretary keep an attendance log at meetings. Have Selectmen consider this as an option.
Charlie King – the Selectmen need to make as educated a decision as possible.
Bob Talon – brought up self-evaluation of each other. Submit to the Selectmen. Discussion.
Charlie – we can add this to the Rules of Procedure.
Paul Parker – attendance is important and having a form is good. I’m reluctant on self-evaluations. We don’t want to scare people away – we need volunteers.
Charlie King – discussion on vacancies on boards. Some may not attend as many meetings, but contribute at a high level when they do attend.
Norm Russell – discussion on appointment of alternates and alternates participating full bore by being at meetings.
Planning Board Meeting May 4, 2004 (continued) Page 5
Paul Parker – alternates are encouraged to participate even though not seated to vote. Discussion on Sr. member who attends regularly. In every case the person would have to apply.
Charlie King – the Selectmen should interview all applicants as well as re-appointments. Discussion.
Paul Parker – everyone was dealt with on an equal plane. That may be correct or incorrect. Discussion on “where do you start with appointments.”
Charlie King – I’d like the Selectmen to consider re-appointments before new members.
Norm Russell – they should formally evaluate active board members first. Put recommendations in writing to the Selectmen.
Charlie King – motion to have a procedure in place for appointments, reappointments should be first by Seniority, then new applicants by date of application, Bob Talon 2nd, no discussion, Paul Parker abstained, all in favor, motion carried.
· Other New Business: Norm Russell asked that the PB receive the TRC report from the TRC before the day of the meeting, not at 6:45 p. m. before the meeting. Ask CEO to review wording for Peter Cicolini and suggest wording that would clear this up. I want to make sure our Zoning Ordinance is clear.
Norm Russell made a motion to have clarification on the definition of motor vehicle repair and motor vehicle service with any recommendations to make it clearer, Bob Talon 2nd, all in favor, motion carried. Discussion on mistakes possibly being made by TRC.
Charlie King – I consider it part of my duties to get this to people beforehand.
· With no further business to discuss, Bob Talon made motion to adjourn at 10:30 p. m., Paul Parker 2nd, motion carried.
APPROVED
_______________________________ ___________________________________
Charlie King, Chairman Date
Planning Board
Town of Farmington
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