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Planning Board Meeting Minutes 01/13/2005
PLANNING BOARD MEETING
THURSDAY, JANUARY 13, 2005
356 Main Street – Farmington, NH

Members Present:        Charlie King, Troy Robidas, and Hiram Watson

Absent:         Robert Talon
                        Gerry “Gary” White (On leave of absence)
                        Norm Russell -Absent with notification
                        Don MacVane - Call in absent

Selectmen’s Rep:        Paul Parker

Staff Present:                  Paul Esswein, Doreen T. Hayden

Public Present:         George Meyer, Lorraine Meyer, Randy Orvis

Chairman Charlie King called the meeting to order at 7:11 p.m. regarding the proposed zoning changes.

The original submitted packet also needs to include those 3 articles as previously approved on November 18, 2004 (1) Location of Sexually Oriented Businesses, (2) Cluster Subdivision Developments by issuance of a Special Use Permit and (3) Phasing Schedule.  Each of these recommendations was derived from meetings with members of the ZAMPS Sub Committee and planners that were hired from the outside.

Under section 1.10 Innovative Land Use Controls – Under item (4) “to be applied in accordance with the Performance Standards within this Ordinance pertaining to each innovative land use control technique” move this statement directly at the end of section (A) under 1.10 Innovative Land Use Control.  Paul Parker motions to move this statement, 2nd Troy Robidas, all those in favor, motion passes.

Under section 3.10 Private Road Standards – At the end of the sentence add “or as may be authorized by the Planning Board” Paul Esswein makes a suggestions for the wording to be “or as otherwise approved by the Planning Board”. Paul Parker motions to accept the suggestion of Paul Esswein, 2nd by Chairman Charlie King, with discussions on road standards under subdivision regulations and site review regulation.  Randy Orvis-public discusses options of the road radius and variations that might come before the board under road approvals.  Paul Esswein comment about the regulations for commercial site plan requiring 1 egress and 1 ingress, not referenced in either the subdivision or site review regulations. Chairman Charlie King makes a friendly amendment to not reference either the subdivision or site review, Paul Parker 2nd the motion, all those in favor, motion passes.

Paul Esswein presents the Flood Plan Adoption write-up for the Town of Farmington, as suggested by the FEMA Flood Maps of Strafford County, which will take effect 05/17/05.  This is being suggested to the Town of Farmington to insert this language into our ordinance; our present ordinance does have some of this language however there are some changes that need to be incorporated.  Chairman King opens for discussion. Randy Orvis-public; understands why it’s done, but between now and when it’s being published and the map changes there might be some problem.  Paul Parker and Troy Robidas have discussion about the effective date of the Flood Plan Ordinance and suggests that an addition to section 4.05 be added under (A), that being “(B)” Effective May 17, 2005. Paul Parker motions to add this paragraph B, 2nd by Troy Robidas, all those in favor, motion passes.

Chairman King discusses the Manufactured Housing ordinance.  Currently at 45% for Farmington and the percentage is getting higher, he would like to see a curb in the trend of mobile home usages as listed under the table off permitted land uses.  Would recommend considering limiting those to “not allowed on own lots of record, not allow expansion of mobile home parks. Discussion – should we curtail major expansion, should we curtail own lots of records? The reasoning to questions these are that the Town of Farmington has a disproportionate share of lower income housing according to the Strafford Regional Planning figures. Chairman King opens the floor for public comment.

Randy Orvis-public; would rather see a mobile home park and not a mobile home next door to his residence.  Mobile homes on individual lots deter from individual residences as far as the value is related.  He does not believe that a doublewide mobile home should be located across the street from a mansion in a downtown area.

George Meyer-Public; Suggests to add language to the ordinance to allow the Town of Farmington to get to their end point. He feels mobile home parks are better than individual mobile home on single lots.

Discussions continue with the board members and public about the depreciation in value with mobile homes on own land in comparison to mobile home parks.  The value of the doublewide versus the value of the land is part of this discussion.  Hiram Watson comments that he would go either way, mobile home park or individual lots.  

Paul Esswein comments that an option in some communities is to develop a design standard to follow, such as a Class A manufactured home, on a permanent foundation, having a certain roof pitch, with certain exterior dimensions, etc….with such a design standard in place it would allow for automatic improvements in the tax base.

Troy Robidas could never support taking away someone’s option as a landowner to put a mobile home on 1 lot of land.

George Meyer is not in favor of disallowing people to put a mobile home on individual lot.  Lorraine Meyer comments about Summer Street – really old trailer being removed and putting in a newer one, but going in as modulars.

Paul Parker makes a motion that under the Table of Permitted Uses - II Residential to remove PR (permitted with review) in all zones.  2nd by Troy Robidas, no further discussion, all in favor, motion passes.

Chairman King does open discussion about this motion, stating the intent is not to give current ones additional use, Paul Esswein refers to section 1.11 Non-Conformity and comments continue on manufactured housing having clear guidelines, Paul Esswein feels that the board should leave the manufactured housing as a PR (permitted with review) status.  Discussions amongst the board members on the permitted use of manufactured housing parks. Paul Parker requests from Paul Esswein a definition of Manufactured Housing Parks.

Randy Orvis-public; feels the Town of Farmington should meet their goals and curb the growth by filling the Mobile Home Parks first.  He questions-how many Mobile Home Parks in Farmington have not met capacity yet?

Chairman King-Should consider design standards and acceptable settings for Mobile Homes that would not diminish individual lots of record.  Chairman King feels that the PR should be left under the Table of Permitted Uses – II Residential and also believes that the expansion of existing Manufactured Housing needs some more review and work before a determination on a change is made, the need to be cautious exists in limiting and preventing any large scale new parks.

Zoning Permits under “old ordinance” section 1.08 has been removed under the new Zoning Ordinance.  Paul Esswein-There is a number of instances where Zoning Permits are issued.  Chairman King-Thinks the Zoning Permits should be put back in.  Troy Robidas motions to add back in as amended on 03/11/2003, Paul Park 2nd the motion, no further discussion, all in favor, motion passes.

Chairman Kings-Questions or discussions by any board member on the proposed changes in this present document Section 2.00 Base Zoning Districts; Chairman King believes it should be just under “A”.  The SR-1 District has been changed to Rural Residential District (RR).  Chairman King motions to revert back to AR and the zoning code to be AR District, and all codes to be consistent throughout the document adding the word “district” where applicable.  2nd by Paul Parker, any discussion, all those in favor, motion passes.

Paul Parker motions to change description of 2.03 Suburban Residential District (SR-1) to Rural Residential District, 2nd by Troy Robidas, no further discussion, all in favor, motion passes.

Paul Esswein and members of the board have discussions on the definition of Manufactured Housing Parks. Chairman King motions to add definition as described by Paul Esswein, 2nd by Troy Robidas,

Chairman Kings asks if there are any general questions from the public relating to the proposed Zoning Ordinance.

Randy Orvis-Public questions the permitted use of off road vehicles, motor vehicles sales & service, boats, etc., where is the use listed or not?  Paul Esswein under the Motor Vehicle Sales & Services definition.

Discussions between the members of the board regarding the definition of heavy equipment and where use allowed and motor vehicle and where use allowed.

Chairman King asks for other points or questions from the public. No response. Chairman Kings asks for other points or questions from members of the board. Troy Robidas questions the elimination of the “catch-all” phrase under the Table of permitted Uses in the old version of the Zoning Ordinance versus the new version of the same.  Paul Parker sees the advantages and disadvantages, and thought that at an earlier date the board had agreed to the removal of the “catch-all” phrase.  Paul Esswein commented that one reason for removal was to leave it up to the CEO to interpret and if it did not fall under the Permitted Use it allows the application for a variance.  Randy Orvis-Public believes that the Special Exception allowed uses by performance standards and that the Variance has the allowance to break the law. Commercial and business uses are more concerned with the use and the non-clarifications of detailed “uses”.  Discussions continue about the various criteria of the Zoning Districts and the interpretations and how much detail of uses should be listed.

Chairman King-The document that was posted for Public has had no voiced opinion on the changes.

Troy Robidas motions to add back in the “catch-all” phrase – special exception under each category, 2nd by Hiram Watson, Paul Parker has 50/50 feeling on this and feels that a criteria for each district should be added.  Paul Esswein-If you leave it in, it gives the ability to apply the standards.  Discussion about the pros and cons of taking it out or leaving it in.  Paul Esswein is willing to assist in the interpretation when it comes to the “catch-all” phrase.  Chairman King asks for any final discussion, none, all in favor, motion passes.

Section 3.01 Paul Parker motions to delete the whole paragraph, by doing so it would eliminate the 2nd dwelling on a single lot, 2nd by Chairman King, any discussion; Chairman King wants to discuss-he is not prepared to get rid of it in the 11th hour, it would be a major change in the Zoning Ordinance, all those in favor of taking out, vote is 2 to 2, motion dies, Section 3.01 remains.

Chairman King-All changes and all renumbered by next Tuesday the 18th of January. Present it at the March Town Meeting as all-inclusive with the 3 previous Articles from November 18, 2004 added.

Chairman King motions to forward the document as amended to the Planning Department to be formally amended and re-numbered and to then forward to legal for their review of the legal implications and review the warrant article with the adopted changes and re-adopt any necessary sections, 2nd by Troy Robidas, any discussion, no further discussion, motion passes.

Paul Parker motions to adjourn, 2nd by Hiram Watson, motion passes, meeting adjourned 10:07p.m.



APPROVED AS WRITTEN 02/01/2005
 
_____________________________           ______________________
Charlie King, Chairman,                                 Date
Farmington Planning Board