PLANNING BOARD WORK SHOP MEETING
TUESDAY, JULY 20, 2004
356 Main Street
Members Present: Charlie King, Hiram Watson, Norman Russell, Don MacVane, Gerald White, Bob Talon
(Troy Robidas called in to be absent)
Selectmen’s Rep: Paul Parker
Staff Present: Fran Osborne
· Chairman King called the meeting to order at 7:10 p.m. seating Don MacVane for Troy Robidas and completed roll call of members present listed above.
· Chairman King will continue presentation of plaques to Bill Tsiros and Jim Horgan to the August 3, 2004 meeting as both Bill and Jim were unable to attend this meeting.
· Minutes of July 6, 2004 were reviewed. Hiram made a motion to approve as presented, Gerald White 2nd, Don MacVane abstained, motion carried. Fran Osborne suggested that on page 3, line 12 - change to “building permit on a Class VI road, Hiram made motion to amend this change, Gerald White 2nd, Don MacVane abstained, motion carried.
· Chairman King gave letter board members a letter from the Conservation Commission to review.
An invitation from Town Administrator to have Planning board members attend a Roads Workshop July 28, 2004 at 6:00 p. m. was read. Bernie Waugh, Paul Brown and Dave Fluharty from T2 at UNH will attend to provide answers. (see attached for discussion topics).
· Chairman King - Town Administrator, E. Creveling has requested 3 to 4 planning board members attend the July 26, 2004 Selectmen’s Meeting for a non-public session to determine interview hiring process and questions to be asked of applicants for the Planner position. Paul Parker – we’ve got some very good candidates, knowledgeable and experienced with very good qualifications. Gerald White, Charlie King, Bob Talon and Norm Russell will attend this meeting.
· Rules of Procedures for the Farmington Planning Board – after discussion, Bob Talon made a motion to accept this document as complete, Norm Russell 2nd, no discussion, everyone agreed it is complete, motion carried, board members signed the Rules of Procedures for the Farmington Planning Board. Troy Robidas will need to sign when available.
· Building Permit on a Private Road: Jay & Leigh Ann Michitson (Tax map R6, Lot 76) continuation of building permit application for driveway location by Clark Hackett, ownership of 2 lots and ruling on setbacks letter from Manny Krasner. Clark Hackett physically reviewed the driveway location and said the location as it was flagged by the owner is all set. Applicant is owner of the two lots according to the tax record listing printed for review by the board.
Bob Talon – two nonconforming lots with common ownership discussion. Bob feels they should be voluntarily merged. A variance should be applied for.
Paul Parker – this could result in a taking - discussion.
Norm Russell – if they went to the ZBA, possibly a better location could be determined. Discussion.
Charlie King – Town Administrator conversed with town counsel about the letter from Attorney Manny Krasner and may have an opinion - no reply has been received.
Don MacVane – I think if it went to the ZBA, maybe it could be determined if a better location was available. Discussion.
Planning Board Workshop Meeting Tuesday, July 20, 2004 (continued) Page 2
Bob Talon – discussion on nonconforming lot and approved septic design and not meeting today’s standard. They still have to meet setbacks. Discussion on being a lot of record.
Gerald White – what if they do a voluntary merger. Go to the ZBA for a variance.
Charlie King – the issues are the driveway location, setbacks and lots ownership.
Norm Russell – nothing tells me the driveway meets our Zoning Ordinance and nobody has said it meets this. They can move that driveway and it should be no closer than 25’ per our Zoning Ordinance.
Bob Talon – it is near or at 25’. Driveway should be at least 15’ south of the telephone pole.
Charlie King – is a Voluntary Merger required? Discussion on meeting setbacks.
Norm Russell – discussion on lot size requirements of the current Zoning Ordinance. The lot is still buildable if it supported a well and septic. I had to meet setbacks or apply for a variance on a lot I had in Middleton. I was granted a variance. This lot in question could meet setbacks. Discussion.
Paul Parker – it could better meet setbacks if voluntarily merged. Discussion on question of legal opinion.
Charlie King – unfortunately, to be consistent, we should follow with consistency until we have a further legal opinion. We should not change direction so quickly without legal opinion. Discussion.
Bob Talon – lot size is the point here. Be as conforming as possible.
Don MacVane – discussion of septic on the other lot and placement of house to meet present zoning.
Charlie King – forward to the Selectmen to decide if they should go to the ZBA or whether the applicant should just be issued the building permit.
Norm Russell – we don’t see the building permit showing the location of the home. We shouldn’t be straying in this area. We shouldn’t withhold the recommendation – base it on the driveway location.
Paul Parker – could motion be made for setbacks to be met.
Charlie King – it’s up to the applicant to meet setbacks. Discussion on Private Road per RSA compliance requirements.
Bob Talon made a motion to forward to the Board of Selectmen with agreement on the driveway to be located 15’ south of the telephone pole (25’ from the intersection), application doesn’t recommend applicant meet current setbacks, voluntary merger should be done, Hiram 2nd, 4 in favor, 3 against, motion carried.
Bob Talon made a motion to request legal counsel opinion on vested subdivisions and meeting dimensional setback requirements , Norm 2nd , motion carried, 6 in favor, Don MacVane opposed. Discussion.
· Norm Russell – CEO was to review “automotive service facility” definition and recommend to the ZAMPS Subcommitte any changes in this definition he might recommend. Fran will write memo and Charlie King will sign for Jack Dever to review and make recommendation.
Bob Talon made a motion to recess at 8:15 p. m., Gerald White 2nd, motion carried. Meeting reconvened at 8:20 p. m.
· Chairman King received a letter from Mike Garrepy regarding the “Open Space Cluster Ordinance.” He is waiting for legal opinion. Schedule for the August 17, 2004 Workshop Meeting. With no further business to discuss, Don MacVane made a motion to adjourn at 8:30 p. m., Bob Talon 2nd, motion carried.
APPROVED
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Charlie King, Chairman Date
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