PLANNING BOARD WORKSHOP MEETING
TUESDAY – APRIL 19, 2005
356 Main Street – Farmington, NH
Members Present: Charlie King, Gary White, Hiram Watson, Don MacVane,
Jim Horgan-Alternate and David Kestner-Alternate
Absent: Troy Robidas - with notification, Robert Talon - Absent
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Ethel Shave, Brad Anderson-C.C., E.D.C., and ZAMPS, Pat & Joseph Roy, Kathleen Langley, N. McMillan, Linda M. Gray, Larry Major-Pike Industries, Marc Laurion, Denneth W. Lee, Jill Tozier, Jeanne Blinlassip, Walter Pigeon, George Brand, Thomas F. Johnston, Kenneth B. Garry, Carl & Kay Fernald, M. Jane Lantier, Frederick F. Lantier, Ruby S. Pond, Thomas Salvetti, Phyllis Salvetti, Sharon Johnston, Marilyn Robicheau, Ed & Annette Syvinoki, Sheila McMillan, Bambi Moore, Ronald Brown, Fred Lantier, John Nola-Rochester Times
(Please note that some of the Public signed versus printed their names so therefore determining the spelling was a little challenging and possibly have errors).
Chairman Charlie King called the meeting to order at 6:11 p.m. and seats Alternates - Jim Horgan and David Kestner.
First on the docket; Chairman King would like to have a vote on the Vice Chairman position; Jim Horgan nominates Don MacVane, Hiram Watson relinquishes his nomination from past meeting; Don MacVane believes Gerry "Gary" White should remain Vice Chairman, Gary White accepts nomination and stated that he would be here at least until November 2005.
Hiram Watson voted for Don MacVane as Vice Chairman
Don MacVane, Paul Parker and Jim Horgan voted for Gerry "Gary" White as Vice Chairman, David Kestner - abstained.
Chairman King questions Paul Parker as to the status of Bob Talon, he understands that due to personal issues Bob Talon will be resigning from the Planning Board, Paul Parker confirms and comments that he has suggested to Bob Talon on numerous occasions that he submit a letter in writing to the Planning Board of his desire to resign and by doing this would allow the Planning Board Members the ability to nominate an Alternate Member as a Regular Member to replace Bob Talon. Chairman King motions to create a letter to those facts and to allow the re-appointment of someone in Bob Talon's place, Don MacVane 2nd the motion, no further, discussion, motion passes unanimously.
6:18 p.m. - Chairman King recuses himself from the next two Public Hearings as he is an abutter to both of the applications for re-considerations and turns the chair over to Gary White, Vice Chairman.
David Kestner - recuses himself from Paul Ramsey application 117 Places Crossing Lane as he's had years of business dealings with Mr. Ramsey.
Vice Chairman White - seats Mark Paulin-Alternate.
Reconsideration of road requirements by: Paul Ramsey - 117 Places Crossing Lane (Tax Map R04, Lot 012; 5.6 acre parcel).
Paul Ramsey states that he is before the board once again requesting the approval of a building application permit to construct his home on Places Crossing Lane.
Paul Parker summarizes to the Planning Board Members, the Ramsey requirement and status of a meeting from a previous Selectmen's session.
Don MacVane - what is the width of the road now?
Paul Ramsey - 9.5'
Hiram Watson - this is a bad road, feels a 20' width of road is too costly to impose upon the applicant, he's looking for a building permit to replace a structure that was there previously and since burned to the ground the parcel also has water, septic and electricity.
Paul Parker - suggests site walk.
Don MacVane - against site walk, road agent has specified 20' width, someone should have said too costly to Clark Hackett before.
Paul Parker poses question to Paul Esswein who replies, pre-existing houses up in that area. It is a private road, not laid out at all. Paul Parker questions how many residents? Jim Horgan there are mailboxes labeled A, B, C, D, and E.
Paul Ramsey - 10'-12' wide would be accessible and I would do it right.
Jim Horgan - road is beyond terrible. Mr. Hackett has reasonable request, but believes it is unreasonable and unpractical to have Mr. Ramsey build the road himself from Route 11 to top of Mountain, feels Mr. Ramsey should only be responsible from the beginning of his property line to top of hill.
Don MacVane - asks where other homeowners are?
Paul Esswein - suggests long-term solution would be revisions to Zoning Ordinance or Road Standards changes, however really at the discretion of what the Planning Board wants.
Don MacVane - Questions the possibility of a road association, which would then allow a building, permit to be issued and then have Mr. Ramsey along with other neighbors on Places Crossing Lane bring road up to standards.
Jim Horgan - doesn't believe that would happen.
Paul Ramsey - addresses the Road Association comment, and does not believe that the bunch of them as a group could pull together all the dollars required to build such a road.
Vice Chairman White asks for comments from the public, no public here to respond.
Paul Parker discusses requirements as written by Clark Hackett in a letter dates August 2004, stating from Route 11 all the way to the top.
Jim Horgan - once again should only be from the Ramsey property line to the top of the peak.
Paul Parker motions to create road from Route 11, to top of hill at a 15' width, Vice Chairman White asks for vote, no yeah-motion fails.
Don MacVane motions to send to the Selectmen for approval with the stipulation to improve the driveway from the property line to the top of the peak according to Clark Hackett's recommendations, 2nd by Jim Horgan, with discussion that Mr. Ramsey will work with others to improve from Route 11 up, no further discussion, all those in favor, 3 in favor - Hiram Watson, Don MacVane and Jim Horgan; 1 opposed - Paul Parker, Mark Paulin - abstains, motions passes.
Reconsideration of the #8 Condition of Approval by: Donna Goslin; 154 Ten Rod Road to remove the #8 condition "no future sub-division"; (Tax Map R5, Lot 9).
7:03 p.m. Mr. Goslin appears for applicant Donna Goslin.
Paul Esswein re-states part of the 03-15-2005 meeting minutes where the conditions of approval were set as a requirement "statement on subdivision plat that the property cannot be further subdivided". Paul Esswein further states - the applicant feels this is an unreasonable requirement to impose on them because if the Zoning Ordinance changes in the years to come then all of their surrounding neighbors would be entitled to subdivide their land, and this applicant (Goslin's') would not have the same opportunity.
Vice Chairman White - seats David Kestner for the Goslin application.
Paul Parker - under section 2.15 of the sub-division regulations a minor sub-division states that there be no further subdivision and a 2 lot sub-division falls under the definition of "minor" if "major" than that definition has more criteria to adhere to and argues the point of "minor" versus "major".
Hiram Watson - thinks that the ZBA should have granted the variance and has forced the applicant to go before the Planning Board.
Paul Parker - interjects - mute subject.
Hiram Watson - motions to remove the contingent item "no further sub-division", 2nd by Jim Horgan, any discussion, Don MacVane - references 4.10 page 11 minor sub-division under the Land Use Sub-Division Regulations, where 4.09 states it may be waived, no further discussion, all those in favor, 4 in favor - Hiram Watson, David Kestner, Don MacVane and Jim Horgan, 2 opposed - Paul Parker and Mark Paulin.
7:20 p.m.
Jim Horgan motions for a 2-minute break, 2nd by Hiram Watson, no further discussion, all those in favor, motion passes.
7:25 p.m.
Chairman King called the meeting back to order and re-takes the Chairman seat.
Nancy Rendall - Blue Moon Environmental and Associate Nancy Mitchell - Give a PowerPoint Presentation on the results and recommendations of the wetlands study for recommending reclassification of Eleven (11) Class II Wetlands to Class I Wetlands.
Presentation on wetlands areas of Farmington and the Cocheco River that run down to the Ocean. This PowerPoint Presentation shows all their studies documenting certain criteria that their investigation applied to those certain areas of Farmington.
Brad Anderson - defines Class II and Class I wetlands by Zoning Ordinance definition.
Paul Esswein - elaborates on Brad Andersons definition and the differences between Class II and Class I, particularly the buffer - means only certain uses are permitted, Paul Esswein reads all uses permitted and not as well as the special use permits being issued for certain criteria's.
The following individuals from the public pose questions to the staff of Blue Moon Environmental as well as Brad Anderson.
John Cardinal, Walter Pigeon, Marilyn Robichaud, Sandy McMillian, Jill Tozier and John Nolan - Rochester Times.
Jim Horgan asks if there are recommendations from the Conservation Commission and suggest this presentation be continued to another meeting. There is further discussion between Chairman King, Jim Horgan and Don MacVane regarding the follow-up to the next workshop meeting to allow the Planning Board time to review and to request that members of the Conservation Commission be in attendance to answer any questions.
Paul Esswein - the way the ordinance reads is that the Conservation Commission can act on this on their own, but will have to go through public hearing process to accomplish, but they can act on this reclassification, but the ordinance also gives the Planning Board some input into that process.
Paul Parker did direct questions to Nancy Rendall about specific parts of her presentation for clarification purposes and definitions of some of her terminology.
Chairman King motions to continue this presentation / discussion to our next workshop meeting of Tuesday May 17, 2005 at 7:00p.m. with the hope that the Conservation Commission comes to answer any questions and also at that point hopefully the planning board having reviewed the information supplied being in a position to have a question and answer session with the Conservation Commission, then hopefully this Planning Board will be in a position to make a public recommendation either for or against this requested reclassification, 2nd Paul Parker, any discussion, no further discussion, all those in favor, motion passes.
8:52 p.m.
Chairman King motions to take a 2-minute recess, 2nd Jim Horgan, no discussion, all those in favor, motion passes.
9:02 p.m.
Chairman King calls the meeting back to order and notes we are now into overtime with 2 more items on the agenda; those being discussion public hearing and schedule for adoption of site review regulations, discussion with Planning Board Members on the work plan schedule per the listed items. Chairman King asks for a motion to continue.
Jim Horgan motions to extend the meeting for 30 more minutes as we are into overtime now, 2nd by Gary White, no discussion, all those in favor, motion passes.
Chairman King turns the floor over to Paul Esswein to discuss item 1; adoption of Site Review Regulations which has already been adopted, but I've had concerns that we're not exactly correct and that we are all working with the correct version; Paul Esswein looked into those procedure to adopt regulations and determined there was not adequate notification of the proposed Site Plan Review Regulations, so there needs to be 1 more public hearing, a notice is going in on Friday the 22nd of April noticing the May 3 Planning Board Meeting, at the completion of the public hearing you can vote to adopt the Site Plan Review Regulations as long as no major changes.
Chairman King takes a roll call vote from the board members to see if any member feels that there are substantial changes to be made to the Site Plan Review Regulations dated 06-07-2004.
Jim Horgan - wasn't at that meeting but wants to make sure that we are talking about and working from the draft copy dated 06-07/2004.
Don MacVane - I haven't seen it, I was on a little hiatus, but there are new alternates and doesn't see where any changes are needed, I'm in favor or going forward. Hiram Watson - go forward. Paul Parker - go forward. Gary White - go forward. David Kestner - abstains.
Jim Horgan motions to review at the May 3, Planning Board Meeting for a public discussion, 2nd by Gary White, no further discussion, all those in favor, motion passes
Jim Horgan motions to issue a memo that the standing committee to be dissolved and remand all unfinished work back to the Planning Board, 2nd Hiram Watson, any discussion, Paul Parker comments not a good idea, the ZAMPS committee is still hard at work finishing up and they are nearing the end of it for the Master Plan, and feels that they should be given the time necessary to complete the Master Plan.
David Kestner - passes
Gary White - not a good idea to cut them off from finishing
Hiram Watson - agrees that they are hard at work and needs time to finish their tasks and asks once again to see the questionnaires that have been submitted with responses
Don MacVane - asks when was the last time we received input from the ZAMPS - as he's never received a copy; Paul Esswein replies that each of the members have received DRAFT copies of the Master Plan and Doreen T. Hayden confirms as she did the mailing.
Chairman King - strongly not in favor of the motion for several reasons; 1st previous chair had established these committees to be tasked with there work plans and the Master Plan Committee has been doing a good job going through their work plan and need to see it through, the Zoning portion we have had several different task, my opinion is we should receive a report of what was left on their work product and the Planning Board to re-task them with that work or none of it. Dissolving those committees is not appropriate at this time.
Chairman King asks for any further discussion.
Paul Parker feels it would be a disservice to cut them off.
Chairman King - hearing no further discussion, all those in favor of the motion; Hiram Watson and Jim Horgan in favor, Paul Parker, Don MacVane, Gary White and Chairman King - opposed, motion failed.
Chairman King motions that those 2 sub-committees report back to the Planning Board at our next work session regarding what tasks are unfinished that they have been tasked with either providing it in writing or in person.
Don MacVane - friendly amendment to receive an updated copy of what they are working on including anything in draft form, Hiram Watson asks once again if they would include those questionnaires, Chairman King - that is a separate issue, Paul Esswein - knows where they are, has not had the opportunity to get them as yet.
2nd by Don MacVane; no further discussion, all those in favor, motion passes.
Paul Esswein - would like to start off by saying what he has proposed on this list is predicated on the adoption of the Master Plan and any changes we make to the Zoning Ordinance, really needs to be supported by the Zoning Ordinance - actually it's the changes. He's met with the ZAMPS committee last Thursday and discussed at length the implementation plan and how they should go forward with that and then finalizing the review and eventual adoption of the Master Plan. There are still a number of pieces that the ZAMPS committee is still waiting for from the consultants, I will be talking with the consultants this week, to review materials that are crucial to the actual document. We should schedule review of at least 1 chapter at every meeting and then we wait to the end of review for adoption of the
Master Plan Document.
Jim Horgan feels that we should pursue this task a little more aggressively by tasking the board with more than 1 chapter at each meeting and those chapters that we were not able to address should be continued to the next Planning Board Meeting. He feels that ZAMPS needs to fine and send to Planning Board for discussion.
Jim Horgan motions to review the 1st 3 chapters of the Master Plan beginning at the May 3, 2005 Planning Board Meeting, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Gary White motions to adjourn, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
9:38 p.m.
APPROVED AS WRITTEN 05/03/2005
___________________________________ _____________________
Charlie King, Chairman Date
Farmington Planning Board
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