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Planning Board Meeting Minutes 04/06/2005
PLANNING BOARD MEETING MINUTES
WEDNESDAY, APRIL 6, 2005
356 Main Street – Farmington, NH

Members Present:        Charlie King, Don MacVane, Jim Horgan

Absent:         Hiram Watson  - Absent w/notification
                        Gerry “Gary” White - Absent w/notification
                        Troy Robidas - Absent w/notification
                        Robert Talon - Absent

Selectmen’s Rep:        Paul Parker

Staff Present:                  Paul Esswein, Doreen T. Hayden

Public Present:         None

Chairman Charlie King called the meeting to order at 6:15 p.m. for the special Public Hearing on the Town of Farmington Flood Plain Development Ordinance and the Zoning Ordinance referencing the same.

NEW BUSINESS:

AMENDMENT TO THE TOWN OF FARMINGTON FLOOD PLAIN DEVELOPMENT ORDINANCE: PRESENTED BY PAUL ESSWEIN, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT - TOWN OF FARMINGTON:

Paul Esswein opens the meeting describing the reason for this meeting.  Every 20 years or so, the Federal Emergency Management Administration reviews flood plain areas throughout the country.  In 2004 and 2003 they performed a re-evaluation of Strafford County New Hampshire and looked at where current flood plains are, based on elevations, they did a complete elevation study on all the watersheds within the county and for every watershed (noting such and such feet) profiled certain feet within rivers identification of where flood levels are.  For every foot of river they identified at what elevation above sea level that flood was, from this they could tell from what elevation along any point of the river that would be prone to flooding. They then took that information and applied it to aerial photographs and identified for all the areas in the Town of Farmington what areas are in the flood location, all available in the Town of Farmington Municipal Offices, however do not include the aerial photos.  The Town of Farmington only verifies that the information looks correct.  They have their own Hydrologists and Engineers reviewing this for years, and are fairly certain of the flood prone areas, these were reviewed against the previous edition and there were very few modifications.  They only changes are to where there has been major work done to the flood plain, which has actually changed the shape of the flood plain.  This whole process is to allow the Town of Farmington to participate in the National Flood Insurance Program, without adopting the map and a set of regulations to go along with the maps, then the citizens of the Town of Farmington who live within the floodplain would not be eligible for flood insurance.  It is important that we adopt the flood insurance, floodplain maps and the floodplain regulations in order to allow residents of the Town of Farmington the opportunity to participate in the National Flood Insurance Program.  When a property is located within the floodplain "and only within a floodplain" does the ordinance come into effect, which regulates the types of structures that can be, the mitigation that has to be applied, the elevation of the 1st floor.   If it is determined that you are not in the floodplain then the regulations do not apply to you at all.  We are not making any reference to change the Zoning Ordinance only to the map, this is strictly about the map, no buffers, no setbacks, all this data has been determined by the Federal Government.

Chairman King - the only change that would take place would be the change to the 1st paragraph as referencing the new map dates and the new studies.  The last Flood Plain Ordinance that was adopted was March 14, 2001, which has been amended, but not adopted by the Town of Farmington would only change the 1st paragraph of that document. Paul Esswein - correct that is the only change.  Chairman King asks what is the timetable to adopt this new statement. Paul Esswein - the Town of Farmington must adopt the ordinance and maps by May 17, 2005.  Tonight's meeting was scheduled, as it was the last night the public hearing could be held for a special town meeting on May 16, 2005 to have the Town of Farmington voters adopt this Ordinance.  Chairman King - that will be the only thing that will be on that ballot.  Paul Esswein - Yes

Chairman King asks the board members any questions / comments?

Jim Horgan asks wasn't there a reference when this went to previous Town Meeting as added to the Ordinance, referencing Overlay District.  Paul Esswein - when this was proposed at town meeting, this is part of the overall Zoning Ordinance and was included in the same warrant article with all other changes, and that article was not adopted by the voters. This one item is critical to the voters to allow participation in the flood insurance program so it was taken out and separated to vote on just this one item.  Jim Horgan asks we did an overlay district associated with this, Paul Esswein - No - it is called an overlay district but the only overlay is the areas as determined by the flood map to be within the floodplain developed by the Federal Government.  Jim Horgan - his only concern is that there will be some misunderstanding, as it will be associated with the previous Overlay District presentation.  Chairman King interjects that the warrant article that was addressed was drafted by legal counsel and very confusing and pretty unclear on what it was and wasn't changing, he had members of the community as well as his wife commenting their un-sureness of the way it sounds, as he explained "general changes that the board has been working on for the past year for the Zoning Ordinance and Flood Plain Ordinance update that we have to do".  But the article did not relay that exact statement we'll have to work on the wording in the future for clarity.  

Don MacVane - shall we hear from the public. Chairman King - it is a public meeting, so at this point we will open to the public for comments and questions.  Don MacVane hearing no comments from the public, (no public in attendance) he motions that we close this portion of the public meeting.  There is some discussion between the board members on the importance of this upcoming vote and the fact there is no majority number required to vote, this is a necessary ordinance for the Town of Farmington.   

Chairman King - seats Jim Horgan as a replacement for the absent Bob Talon.  

Don MacVane asks what do we need to do now.  Paul Esswein - we need to recommend that this be forwarded to special town meeting on May 16, 2005.

Paul Parker - recognizing the importance of having this on file and the absolute necessity for the citizens of the Town of Farmington who may be interested in purchasing flood insurance and the requirements by the Federal Government, I motion that we forward the new amended Flood Plain Development Ordinance for special Town of Farmington meeting Monday, May 16, 2005, Paul Esswein - suggests making one change to the statement; that being "amended ordinance".  Chairman King calls for 2nd, 2nd by Jim Horgan, any discussion, none, all those in favor, motion passes.  
Paul Esswein - We need one more motion - to forward the Amendment to the Town of Farmington Zoning Ordinance - Section 4.05 of the Zoning Ordinance creates a Flood Plain Overlay District which is defined as the areas on the map and now that the maps have changed we need to reflect that in the Zoning Ordinance itself, which is separate from the Flood Plain Development Ordinance.  Chairman King - 1 warrant article and the voters must vote on both.  Paul Parker - we should amend the motion to include both, Paul Esswein concurs that yes the motion should be amended to include both the Flood Plain Development Ordinance and the amendment to Section 4.05 of the Farmington Zoning Ordinance to reflect that change.

Paul Parker amends previous motion and to amend the ordinance if adopted would repeal section 4.05 Flood Plain Protection Overlay District - paragraph A and insert in its' place (A) Flood Plain Development Performance Standards.  All development within a flood plain shall conform to the Town of Farmington Flood Plain Development Ordinance (adopted September 1988, amended March 8, 1994, amended march 14, 2001, amended May 16, 2005).  Motion to amend this to his motion.  2nd by Jim Horgan, any discussion, no discussion, all those in favor, motion passes.

Paul Parker - that is the last allowable date that we can do it according to Federal Authorities in order to comply with the requested period not to lapse.

Chairman King - asks Paul Esswein if he has any other thoughts. Just to urge the Town of Farmington voters to get out and vote so that all members of the community can purchase flood insurance if they need it or would like it.  Don MacVane comments on the need and no down side of this.  If you're in a flood zone you need it, if you're not you don't.  Paul Parker we have to do this as a Town of Farmington so that it is available to the citizens.

Paul Esswein - notes mostly in the downtown area is where the flood insurance is available.  Paul Parker asks if the maps are available - Paul Esswein - yes, and smaller copies for individuals.

Don MacVane motions to adjourn, 2nd by Jim Horgan, any discussion, none, all those in favor, motion passes; 6:35pm

APPROVED AS WRITTEN 05/03/2005

______________________________                  ___________________________
Charlie King, Chairman                                                                  Date
Farmington Planning Board