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Planning Board Workshop Meeting Minutes 05-17-2005
PLANNING BOARD WORKSHOP MEETING
TUESDAY – MAY 17, 2005
356 Main Street – Farmington, NH

Members Present:        Charlie King, Hiram Watson, Don MacVane, Jim Horgan-Alternate for Gary White
David Kestner-Alternate for Troy Robidas, Mark Paulin - Alternate for Bob Talon,

Absent:         Troy Robidas, Robert Talon, - no notification
Gary White - with notification

Selectmen’s Rep:        Paul Parker

Alternate:              Jason Lauze

Staff Present:                  Paul Esswein, Doreen T. Hayden

Public Present:         Margaret Russell-ZAMPS, Norman Russell-ZAMPS, Chris J. Pond, Joseph C. Roy, Patricia A. Roy, Paula Proulx-ZAMPS, Ruby Pond, Walter Pigeon,

(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 6:13 p.m. and seats Alternates - Jim Horgan, David Kestner and Mark Paulin.

Chairman King - turns the floor over to Paul Esswein who opens the meeting with a discussion on the Lancelot Shores / Baxter Lake requirement(s) with regard to the authorization and process of issuing building permits for that development.  He handed to each board member, a written memo outlining his suggestion, as well as a newly developed "Policy On Issuance of Building Permits on Class VI and Private Roads".

Chairman King refers to RSA 674:41 state instituted policy for building on a Class VI and/or Private Road. He further stated that it has been rumored that Section 2 of the Lancelot Shores / Baxter Lake Sub-Division Plat was signed, but that the signature does not show up on copies made of the recorded deed.

Don MacVane would like to see a 1-2-3 policy instituted; building permit and all required documents submitted; copy of waiver; town liability with registry seal.

Jim Horgan motions to forward this recommendation to the Selectmen, 2nd Don MacVane, for Phase II Lancelot Shores; Paul Parker thinks it's a good idea, no further discussion, all those in favor, motion passes.

Paul Esswein discusses building permits on Class VI and Private Roads.

Jim Horgan questions the official map and shouldn't each member have a copy.

Chairman King - road standards should be in sub-division regulations and zoning ordinance should be changed to say road standards in sub-division regulations.
Paul Esswein brings up the Cherub Drive road concerns and notes that measurements will need to be taken, as it stands now does not appear road was finished.  

Chairman King - basically a non-compliant issue.  

Jim Horgan - going back to the developer to solve the issue and then must come back to the Planning Board, it was a condition upon infrastructure being complete.

Chairman King would now like to start the question and answer session to the Conservation Commission regarding the follow-up of Class II to Class I Wetland(s) Meeting from last month.  Jim Horgan feels we need to move to Class I; referencing the Fosters Article and your (Brad Anderson) reply, also take into consideration two things (1) good thing to do and would like to hear what kind/type of imposition is being implied to residents and (2) what are owners rights / property rights.

Brad Anderson feels that Paul Esswein should speak on the regulatory issues. Each situation is handled on a case-by-case basis. The discussion continues back and forth between Jim Horgan and Brad Anderson with questions being asked and answers given by both parties.

Don MacVane thinks its' sad that more of the Conservation Commission Members are not in attendance. He asks who has the Cocheco Study? Paul Esswein replies I do.  Don MacVane further comments about issues surrounding the Town of Farmington with respect to various E-Coli issues in the water as well as having more information available on prime wetland areas.

Hiram Watson - Class I wetlands - what can people expect to be done on their land.

Chairman King - a special use permit can be applied for.

Hiram Watson - who issues permits?

Chairman King - Planning Board does.

A lengthy discussion continues with Chairman King, Mark Paulin, David Kestner, Jim Horgan, Paul Parker and Conservation Commission Representative Brad Anderson on the Class II to Class I Wetlands as well as the definition and identification of what and where are the Prime Wetlands and if the Conservation Commission is required to go to the Town for a vote on such matter.

7:00 p.m.  Chairman King opens the floor to the public for comment.

Walter Pigeon - This type of taking has been challenged in court previously, has documentation he can show, refers to the Bill-of-Rights statement "cannot take land without justification / compensation".

Paul Esswein - Courts have said justifiable to protect water resources.

Brad Anderson - discusses the wording "taking of the land".

Joseph Roy - Baxter Lake - Wants to know where it starts and where it stops (buffer)? Questions compensation due?
Joseph Roy, Paul Parker and David Kestner have discussions about the buffer.

Chris Pond - I live on Spring Street; home size 85'x110' which sits right in the middle of the buffer.

Brad Anderson - No effect; all things still allowed, not intended to remove anything in existence.

Chairman King - Expansion is only the issue.

Don MacVane - Would like to see the Cocheco results.

Chairman King - Would like to see things happen in Town of Farmington with the water quality issue; believes the enforcement issue is not pro-active.

Jim Horgan - Are we going to table this until more information can be provided.

Don MacVane - Motions to recommend the continuance to next workshop meeting of 06/21/2005, 2nd by Jim Horgan, Chairman King - does not disagree, but thinks it is up to the voters and should to vote and the Planning Board should make that recommendation.  There is more discussion between the board members on the motion that's on the floor; questions about the criteria used to determine the buffer, Mark Paulin - is it simple or just a checklist or more complicated? Brad Anderson - Thinks a Wetland Scientist should give the criteria's on how the wetland will be evaluated, no further discussion, all those in favor, motion passes to continue to next workshop meeting of 06/21/2005.

Don MacVane - Suggests inviting Cocheco River Study - Laurie Chase to the next meeting.

Jim Horgan - Motions for a 5-minute recess, 2nd Don MacVane, no further discussion, all those in favor, motion passes. 7:30 p.m.

7:36 p.m.

Chairman King calls the meeting back to order.

Hiram Watson - Motions by suggesting moving the last 2 items on the agenda up to this position to allow the board to get through them and move on to the Master Plan Chapter Reviews, 2nd Don MacVane, no further discussion, all those in favor, motion passes.

Saving suggestions on collated packages discussion; Jim Horgan suggests a check list be developed for package contents and this list will be given to each board member along with "ONLY" the pertinent pieces of the application package and the Chairman will receive all of the documentation as it is up to the Chair to determine that the package is complete.  Paul Esswein agrees as does each of the board members that this is a good suggestion and should be implemented.  Paul Esswein to develop such checklist.

Discussion / nomination for 2 positions on the Regional Commission Board - Mark Paulin questions when they meet, Paul Esswein - 3rd Thursday of the month and discusses what the responsibilities of the S.R.C. entail.  Suggestion was made to put this notice on the FCTV Channel 26 as well as the Town of Farmington Web Site.

7:55 p.m.  Master Plan handouts given; next work session to go over "priority list summary". Paul Parker asks if any member of the Planning Board would be interested in becoming a member of the ZAMPS Committee, he's thinking about stepping down, has too many commitments.

Chairman King - Comments that the Master Plan has to be a priority.

Jim Horgan, Chairman King and Paul Esswein - Discuss the various chapter's completeness and previews.  Brad Anderson comments to the board members about the outstanding chapters.

Chairman King - Asks each board member for any further input to the reviewed Chapters.

Brad Anderson talks about Chapter 4-Demographic Housing and Economic Trends and why A.E.R. is making that recommendation of the Mobile Home Parks.

Paula Proulx - Based on tax base vs. standard of own property.

Chairman King - 2 paragraphs we're discussing, should be implemented in Chapter 2. Paul Parker - Motions to accept as written with changes, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.

Don MacVane - Motions to accept Chapter 7 as written, 2nd Mark Paulin, discussion - Mark Paulin comments that the sign in Edgerly Memorial Park is missing and should be replaced, as well as the location changed from Gray Avenue to Intersecting V at Bay Road and Charles Street. Don MacVane - under 3.6 wants the name of the street added "Cocheco Road" versus "near the entrance to the landfill".   Paul Parker - shouldn't "section 3.8 read Outdoor Recreational Resources versus referring" to the Town of Farmington Recreation Center? Comment made from the ZAMPS Committee - the Recreation is listed under 3.2, all concurred that 3.8 should read Outdoor Recreational Resources, Jim Horgan motions that his motion to accept with noted changes be withdrawn, no further discussion, all those in favor, motion passes.

Paul Parker motion to adjourn, 2nd Don MacVane, no further discussion, all those in favor; 6 in favor or adjournment, 1 against = Chairman King.

Meeting adjourned 9:03 p.m.

APPROVED AS AMENDED WITH CHANGES NOTED IN "BOLD" 06-07-2005
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Charlie King, Chairman                                                          Date
Farmington Planning Board