PLANNING BOARD MEETING
TUESDAY, SEPTEMBER 7, 2004
356 Main Street
Members Present: Charlie King, Hiram Watson, Don MacVane, Bob Talon, Norman Russell, (Gerald White
called to be absent), Troy Robidas absent
Selectmen’s Rep: Paul Parker
Staff Present: Fran Osborne
Public Present: Randy Tetreault, Peter Cicolini, Chris Berry (Berry Surveying & Engineering), Michael
Sievert (MJS Engineering), Tom Huse, Wendy & Scott Drew, Donna & John Doyle,
David DeJager, Randy Orvis (Orvis & Drew Surveying/Engineering), Harold Butt, others
not signed in
· Chairman Charlie King called the meeting to order at 7:10 p.m.. Minutes of August 17, 2004 were reviewed and Hiram Watson made motion to approve, Bob Talon 2nd, Norm Russell asked for amendment on Page 4 – last sentence of XXL (5) – Norm Russell I don’t recall any towns that did this, Don MacVane abstained from voting, motion carried as amended.
· Chairman Charlie King – discussion with Town Administrator (E. Creveling) on adding two additional meetings for ZAMPS Subcommittee for work on changes being done to the Zoning Ordinance, Subdivision Regulations and Site Review Regulations for the upcoming special town meeting.
Don MacVane – suggested the Planning Board receive drafts on what is being worked on.
Charlie King - work is being done on the Site Review, Subdivision and Zoning Ordinance to clean up changes being made, Master Plan rewrite is in process with AER (Applied Economic Research) and Jeff Taylor. Discussion.
Don MacVane – the subcommittee should report back to the Planning Board. We need drafts to be able to meet and discuss changes. We’ve had nothing since January 2004.
Bob Talon – there is still a lot of research going on and to do.
Norm Russell – discussion on Master Plan being worked on.
Paul Parker – we’ll get as much information together as possible shooting for a draft ASAP.
Charlie King – address Zoning Ordinance changes, draft on Site Review Regulations and Subdivision Regulations. Discussion on special meetings and dates.
Paul Parker – asked Planning Board members and members of the public to attend these subcommittee meetings.
Paul Parker made motion to schedule special planning board meetings for proposed changes to the Zoning Ordinance, Subdivision and Site Review Regulations, Norm Russell 2nd, with dates of September 14 and September 28, 2004 being added to already scheduled meetings, Hiram Watson and Don MacVane opposed, motion carried.
Paul Parker – recommended Planning Board members attend the Municipal Law Series.
Public Hearing 7:30 p .m.
· Site Review Application continuation – Elm St. Farmington LLC (David DeJager) for 24 Elm St. – add commercial space for CHANCES office in barn section basement of apartment building. Dave said he was asked to clean up the plan, he presented drainage calculations, he doesn’t have the deed easement document showing the agreement with Barry Elliott. Updated plans were given to board members. Discussion on these plans, arborvitae has been added several places. Paving areas shown on new plan including entrance on Elm St. which has been corrected. Parking in back of the building – existing edge of
pavement shown. Entrance to new business is in the center of the back of the building. Drainage calculations were done by Crown Point Engineering.
Planning Board Meeting September 7, 2004 (continued) Page 2
Hiram Watson – asked what size propane tanks were – Dave DeJager – they are the largest we can put according to code (probably 200 – 250 gallons). There are three and they are used for heating. The tanks will be relocated according to code to the rear of the building.
Paul Parker – concern about entrance and exiting traffic.
Dave DeJager – there will be arrows marking the way to enter and exit as well as parking spaces designated.
Children coming to CHANCES will be teenagers. Parents will bring them or they will walk. Discussion on area to walk and making a sidewalk near the porch in the back. Dave – there’s a break in the fence. I would not want to encourage this because of residents nearby. Kids are 14 year old and up.
Bob Talon – parking spaces discussion. Traffic – will go to the right behind the Laundromat and back out on the left of the Laundromat.
Norm Russell – suggested a “Do Not Enter” sign or arrows in opposite direction to improve traffic flow. Discussion on these options.
Paul Parker – asked about paving handicap parking spot. Dave DeJager – this will be paved toward summer. Discussion on this being graveled or stonedust. David was asked to add another handicap spot.
Charlie King – discussion on 3 waivers submitted, adequate drainage calculations by Crown Point Engineering, agreement with Barry Elliott and Dave DeJager for easement around Laundromat to cross Barry’s property.
Norm Russell – motion to accept Drainage Calculations by Crown Point Engineering, easement for passage with Barry Elliott, arrows or “Do Not Enter” sign, add handicap space, discussion on easement. Dave said document was made up by attornies and is recorded at Strafford Registry of Deeds, 2nd by Bob Talon, Norm withdrew motion.
Don MacVane is seated for Gerald White.
Hiram Watson made a motion to approve plan for Elm St. LLC (David DeJager) for 24 Elm St. contingent on (1) pending easement agreement with Barry Elliott, (2) entrance and exit arrows painted or “Do Not Enter” sign, (3) handicap space addition, Bob Talon 2nd, Don MacVane abstained, motion carried.
· Application for 2-Lot Subdivision Application by Wendy & Scott Drew (Tax Map R49, Lot 9, Colonial Circle Drive. Randy Orvis is representing the Drews. The Drews want to separate the home on its own lot. State Subdivision approval has been submitted. An “easement deed” has been drawn up by legal counsel.
Paul Parker – questioned setbacks. Randy Orvis – structure meets setbacks but the porch sticks out a bit. It is an existing nonconforming lot. The lot being subdivided can meet setback requirements. Test pits are done and O.K. There is town water and sewer.
Norm Russell – discussion on 40,000 s. f. of contiguous uplands. Lot size requirement is less because it has town water and sewer. There is potential for further subdivision. Discussion. No waiver request needed.
Don MacVane made a motion to accept the plan as complete, Bob Talon 2nd, motion carried. Discussion on Colonial Drive which is the new E-9-11 name for Trotting Park Rd.
Charlie King – discussion on 10’ setback from easement and septic being within 10’.
Chairman King opened the meeting to the public.
Tom Huse – spoke in favor of the subdivision. Public portion closed as no further comments received.
Don MacVane made a motion to accept the plan as presented for Wendy & Scott Drew, amend to include legal counsel recommendation that easement is executed with the Town of Farmington and the Drews and recorded at Strafford Registry of Deeds, Hiram Watson 2nd, all in favor, motion carried.
· Application for 2-Lot Subdivision by Stephen Brunelle (Tax Map R37, Lot 6), Pound Road. Chris Berry of Berry Surveying & Engineering is representing Stephen Brunelle. Chris Berry – this is a minor subdivision, the Brunelle’s are subdividing 5.29 acres off the 43.18 acres parcel. Focus of the development is in front, setbacks have been met. This is a Class VI road. We are proposing if this lot sells, the road be
Planning Board Meeting September 7, 2004 (continued) Page 3
brought up to a standard approved by the town. Mr. Brunelle understands proper drainage would be needed and the road would need to be done properly to avoid runoff on Mr. Hall’s property.
Don MacVane – questioned any kind of letter from Mr. Brunelle on what he would be doing on the road.
Hiram Watson – asked how far this property is off Paulson Road – Chris Berry – it’s probably a mile in.
Norm Russell – this is a Class VI road, frontage of 250’ on a street is needed. Norm read definition of Street from the Zoning Ordinance. I do not feel this application is allowed by our Zoning Ordinance. Lot layout is fine, test pits fine, but it is not allowed by our Zoning Ordinance.
Bob Talon – the road is an issue.
Paul Parker – one lot has close to 600’, the other 250’+ - discussion on “street.”
Charlie King – this is a Class VI road, plan was not reviewed by the TRC (Chris Berry did ask to go before the TRC but was advised to go direct to the PB by the CEO), road needs to be brought up to some sort of standard (whose jurisdiction), distance is an issue, discussed bonding of the road work and review by the Superintendent Highways & Maintenance. Discussion on required 4-rod right-of-way. We need to look at this carefully. We should recommend TRC review. Chris said he had wanted to go to the TRC. Discussion.
Don MacVane made a motion to accept the application for Stephen Brunelle as complete, Hiram Watson 2nd, Norm Russell does not feel a Class VI road qualifies as a street. Norm read page 15 of the Subdivision Regulations (4.17 Classification of Streets) and Class VI definition.
Chris Berry – there are other houses on this street. Discussion. Mr. Brunelle would like to bring this road up to the same standard as to the Hall’s home.
Motion above failed for lack of vote to accept the application as complete. Recommendation was made to go back to CEO and TRC for further review.
· Application for 2-Lot Subdivision by Jason Buote & Jeffrey Buote (Tax Map R59, Lot 22, Hornetown Road. Randy Tetreault is representing the Buote’s. There are 30.7 acres of land. New plans were presented. Discussion. No changes are made to the first 3 pages. Location of parcel is Hornetown & Trask Averill Road across from the horseshoe pits. A 3-acre lot is proposed to be subdivided from the main parcel and it meets the 40,000 s. f. of contiguous uplands. The 2nd sheet gives site data (soils, test pits, etc.). Note 6 is made referencing the 100’ limited development
setback. Trask Averill Rd. research shows it is a discontinued Class VI road. The property boundary of this property is this side of Trask Averill on the northerly side. Any future work would have to come before the Selectmen on this road. I had my application in to the TRC also, but was recommended to the PB. The last sheet of the plans shows the 40,000 s. f. of contiguous uplands. Discussion on what was proposed in 1987 to show further subdivision potential. There is a mobile home with a septic on the remaining land. Discussion.
Tom Huse – in 1987 there were 3 lots established and they were taken off the tax maps.
Randy Tetreault – state subdivision has been applied for and is pending.
Motion by Don MacVane to accept the application as complete, Bob Talon 2nd, motion carried.
Discussion on boundary plan submitted. Norm Russell is concerned about the boundary survey.
Charlie King – aren’t we required to show existing structures within 100’ and existing roads?
Randy Tetreault – discussion on remaining land and showing structures.
Charlie King questioned 75’ setback on well and septic radius discussion.
Charlie King opened the public hearing to the public.
Tom Huse – there are wetlands, seasonal streams, problems with septics because of high groundwater table. The land does not perk well. I am concerned about groundwater protection. Trask Averill is still on an approved Class VI town road.
Randy Tetreault – he may be correct on the road. The wetlands delineation was done as well as test pits and areas would have to be addressed further depending what was done in the future. In that soil type on a 3-acre lot this was not an issue as it is on the upland portion of the land.
Tom Huse – we need to protect our groundwater. I’m not against the subdivision, but am against polluting our groundwater.
Planning Board Meeting September 7, 2004 (continued) Page 4
Paul Parker – test pit was done in the middle (100’ in). Randy Tetreault – if the 1st test pit was not good, we would do further, but results on 1st test pit were within limits.
Norm Russell – who gave lot definition. Randy – the Buotes did. Considering future potential, more detail might have allowed for future subdivision in the future. I wonder about access and disturbing more wetlands to subdivide in the future. I’d like to see bounds of adjacent lot.
Randy Tetreault – I discussed other sections to subdivide this lot. In this case it may hinder useable land in the future. They may have to cross wetlands to get to the other uplands anyway. I looked at giving them more. Anything in the future would have to have complete wetlands delineation.
Norm Russell – discussed future subdivision as a concern.
Charlie King – waiver of future subdivision potential as a major subdivision discussion.
Norm Russell – Section 2.15 – because he can’t do a major subdivision now, he asks for a waiver.
Don MacVane – there are no wetlands delineation issues, topo, etc.
Norm Russell – 40,000 s. f. of uplands was shown. Discussion of waiver of Section 2.15.
Motion by Norm Russell to continue review until after the next scheduled public hearing tonight, Paul Parker 2nd, motion carried.
Bob Talon motioned for 5 minute recess at 9:35 p. m., Norm Russell 2nd, motion carried. Meeting reconvened at 9:40 p.m.
· Application for Site Review & Special Use Permit by Claremont Properties, LLC (Tax Map R20, Lots 20 & 21). Val Somers, owner of the property and Mike Sievert of MJS Engineering will make presentation. Mike Sievert – Norway Plains (Randy Tetreault) and myself have worked on this plan. We are proposing to put the new building behind the existing building. We will gain access off the back paved area where the land slopes. This is completely for Lot #21. This will be a climate-controlled building with same paved access, doors on outside with a corridor down the center for inside access. I have been to
the TRC. A Special Use Permit has been applied for expansion of a nonconforming use. The zone has changed since the original approval. I have an amended plan. I spoke with the Wetlands Soil Scientist – it is not a jurisdictional wetland. A boundary survey was done by Norway Plains on what is affected on this proposal and one done by Linden Design Associates. The plan can be signed by Wetlands Soil Scientist. Waiver 2) is withdrawn. Discussion on 2nd waiver of Section 6.02 (C) regarding slopes in excess of 3H:1V in grade. Slopes will be 22H:1V to minimize impact to wetlands. There is 700 s. f. impacted area. A letter has been sent to Roger Garland, Division 6 of NH DOT asking for amendment. A letter to DHT Association regarding wetlands – have letter received as part of the file. A wetlands application will be submitted before the end of the week. Discussion on UPS
service as part of the business. Approval was received from CEO as accessory use. UPS picks up once a day.
Val Somers – the average stay for storage units is 7 months, we have 171 units now and are proposing to add 125 to 140 units depending on how configuration works out. People come in and come back 7 months later. Most units are rented to people waiting in transition to move. The entrance is more visible now – brush has been cleared out. There is a security gate there now – the main entrance. We do not feel a need for further security as this is the only way in. The road to the back is 20’ wide. The building is 100’ from Rattlesnake Brook (Limited Development Zone).
Paul Parker – traffic is a concern. What would traffic volume be? Mike Sievert - DOT said the full 10’ shoulder is adequate. Discussion on adding 14,400 s. f. space which is not retail, therefore does not generate that kind of volume. P. M. trips would be 4 to 6.
Discussion on completeness of application and Special Use Permit – Norm Russell – this is a reasonable request to ask for a variance because warehousing and mini storage is not allowed in the CC Commercial Center. Discussion of Special use Permit requirement, concern for Aquifer Overlay Protection District, 10% impervious surfaces, category 2 wetlands concern. In the Waterfront Overlay Protection Zone the use is not permitted.
Val Somers – I have a letter stating PB Site Review approval would be necessary.
Planning Board Meeting September 7, 2004 (continued) Page 5
Bob Talon – discussion with Randy Tetreault – depending where boundary line was originally makes a difference.
Don MacVane – I am sure this was one lot at that time. There was a Special Use Permit at that time. Discussion on the original plan, a Special Use Permit on the road and warehousing . Items for concern:
(1) Aquifer Protection Overlay District – 10% of permeable lot area – specifically prohibited
(2) Special Use Permit if needed 100’ Limited Development Zone – the Conservation Commission needs to review 30 days prior to public hearing.
(3) Wetland is not class 2 wetland – question if class 3.
(4) Interpretation of Zoning Ordinance whether a variance is needed
(5) Mini storage not permitted in the CC zone per the Table of Permitted Uses.
Discussion on Conservation Commission reviewing the plan and moving the road and impacting more wetlands.
Motion by Don MacVane to continue this public hearing for Claremont Properties, Inc. to October 5, 2004 to research issues, schedule to go to TRC September 16, 2004, Paul Parker 2nd, motion carried.
Motion by Bob Talon to extend the meeting 10 minutes at 10:10 p.m., Paul Parker 2nd, motion carried. Meeting reconvened at 10:20 p.m.
· Application for 2-Lot Subdivision review by Jason & Jeffrey Buote (Tax Map R59, Lot 22), Hornetown Road. Randy Tetreault has done a waiver to Section 2.15 and submitted it in writing to the board.
Bob Talon made a motion to accept the waiver to Section 2.15 as submitted, Norm Russell 2nd, Paul Parker against waiver, waiver granted, motion carried. Charlie King also not in favor of this waiver as there are too many other issues – wetlands, etc.
Motion by Norm Russell to approve the plan as presented conditional upon receipt of State Subdivision approval, Bob Talon 2nd, no further discussion, motion carried.
Discussion on IGO (Interim Growth Ordinance) with reference to minor and major subdivisions, road frontage and road development and site features
Randy Tetreault – asked what level the board was looking for on remaining land available to subdivide. Site features should be able to project what might be done in the future. Discussion on applicant’s coming back every couple of years to subdivide one lot.
· With no further business to discuss, Bob Talon made a motion to adjourn at 10:45 p. m., Paul Parker 2nd, motion carried.
APPROVED
___________________________ ___________________
Charlie King, Chairman Date
Planning Board
Town of Farmington
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