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Planning Board Meeting Minutes 06-07-2005
 PLANNING BOARD MEETING MINUTES
TUESDAY – JUNE 7, 2005
356 Main Street – Farmington, NH

Members Present:        Charlie King, Hiram Watson, Don MacVane, Jim Horgan, Mark Paulin-Alternate Seated for Troy Robidas,

Absent:         Troy Robidas, Robert Talon, David Kestner, Gary White = without notification
                         Jason Lauze - With notification

Selectmen’s Rep:        Paul Parker

Staff Present:                  Paul Esswein, Doreen T. Hayden

Public Present:         Paul Beasley, Kathleen Peterson, Steven Chasse, Katherine Welch, John Huckins, John Peter Davis, Lura M. Jackowski, Frank Jackowski, Randy Tetreault-Norway Plains Associates and Arvard Worster.

Chairman King called the meeting to order at 6:14 p.m.

OLD BUSINESS:

Review and approve Planning Board Minutes of 05/03/2005; Jim Horgan motions to approve the minutes with amendments on page 2 of 8 rephrase "Attorney Michaels responds current traffic count per day 20,000" "the estimated increase spread out over a day approximately 600-800 trips per days." Also on page 2 of 8 "Hiram Watson asks; if the land that is not used, would that be available for the "general" public use?" 2nd by Don MacVane, no further discussion, all those in favor, motion passes.  

Review and approve Planning Board Minutes of 05/17/2005; Hiram Watson motions to approve the minutes as written, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.

Paul Parker motions to re-open discussion on the 05/17/2005 minutes; 2nd Jim Horgan, page 4 of 4 rephrase shouldn't it refer to the Town of Farmington Recreation Center to "Paul Parker comments that Section 3.8 should read Outdoor Recreational Resources" motion by Don MacVane to accept the amended change, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.

Chairman King motions to continue the "continuation of application review by Packy's Investment Properties, LLC (Tax Map U5, Lot 117); property known as 15 Summer Street" to the end of this evenings meeting, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.

Chairman King wants to open the discussion on the Class VI roads and how we are to move forward, as well as the suggested changes to procedures as submitted by Paul Esswein who addresses the board regarding motions being made in the acceptance of projects and that each type (1) precedent and (2) subsequent conditions are addressed.  Don MacVane and Paul Esswein discuss the contents of the application checklist Chairman King and Jim Horgan join in the discussion adding items to the application checklist.

Paul Esswein addresses the board about revising the Planning Board Rules and Procedures; Jim Horgan motions to task Paul Esswein to re-write those, 2nd Don MacVane, discussion to take recommendations and incorporate, no further discussion, all those in favor, motion passes.

Chairman King discusses the Bruce Cartwright Plat from 2000 and notes that Don MacVane was Planning Board Chairman at that time, Chairman King states he would not feel comfortable signing the plat as he was not chair at that time, however; if the board members are in agreement tonight to give authority to have Chairman King sign he will sign the plat; Jim Horgan motions to have Chairman King sign the 2000 Plat, 2nd Hiram Watson authorizing Chairman Charlie King to sign, no further discussion, all those in favor, motion passes.

Paul Parker requests a couple of minutes to address the board; he summarizes his attendance at a seminar designed for municipality board members, he was provided with various brochures and hands out that contained interesting facts, he was able to grab a few extra copies for hand outs and would like the board members input and comments and forward those to Paul Esswein for his review and compilation.

Jim Horgan motions for a 5-minutes recess, 2nd Chairman King, no further discussion, all those in favor, motion passes.

6:40 p.m.

Chairman King called the meeting back to order 6:45 p.m.

Paul Parker makes announcement to the board of the hiring of a full time / 5-day, 40-hour per week Building Inspector / Code Enforcement staff member Dennis Roseberry from Rochester, New Hampshire.

Paul Esswein comments that he could not recommend a completed application by Aaron Allen as the survey for the parcel has not been submitted showing the property boundary lines as well as the 1-lot for sub-division.  Chairman King calls for modification of the presented agenda to allow applicant Aaron Allen to be heard 1st versus 2nd on the agenda; Jim Horgan motions to modify the agenda, 2nd Don MacVane, no further discussion, all those in favor, motion passes.

Application for Sub-Division by Aaron Allen (Tax Map R17, Lot 068); property known as Dodge Cross Road - to sub-divide a single parcel of 1 1/2 acre from the existing 84 acre parcel:

Chairman King asks the applicant to come forward and states his request; Aaron Allen trying to go forward in obtaining a building permit while the survey is still in process and to be completed soon.  He has received state approval and asking the board for approval pending the completion of the survey.  He has already significantly funded out quite a bit of cash for the survey and septic design / permits.  The board briefly reviews what has been supplied to date and comments until such time as a complete package is presented for review this session is just being presented as a brief review and we will move to continue this application.   Don MacVane discusses a previous scenario where a building permit was issued and the parcel of land was not correctly surveyed and now there is a questionable boundary issue.  Don MacVane also discusses with applicant options; one of the options would be to have the building permit issued as he has plenty of acreage and frontage to have 2nd house on 1 lot; until such time as the survey is done and the lot can be sub-divided.

6:58 p.m.

Chairman Kings opens the floor to the public for discussion either for or against this application, no public comment heard, Don MacVane motions to continue this application to the 7/5/2005 Planning Board Meeting,
2nd Jim Horgan, no further discussion, all those in favor, motion passes.





7:00 p.m.

Application for Site Review: By John P. Davis (Tax Map R63, Lot 4): Property known as Spring Street - for the operation of a Lumber Mill located at the junction of Route 11 and Spring Street.

Paul Esswein presents his findings and staff report to the Planning Board Members; opens the discussion noting that in June 04 a temporary electrical permit was issued and that Jack Dever - the Town of Farmington previous Building Inspector noticed that this mill was in operation and issued a cease and desist order; after which he then issued a zoning permit as the activity being performed meets the zoning ordinance, however some components are missing, i.e. scope of operation and hours of operation.  Paul Esswein further comments that any approvals should be conditioned upon septic approval.

Chairman King comments that this application falls under a past site review and not under the present.  

Hiram Watson asks if it needs to be rezoned since it's not a manufacturing facility.

Chairman King reads through the Table of Permitted Uses and in that district some uses are not permitted and the applicant might have to go before the Zoning Board Of Adjustment.

Chairman King opens the floor to the applicant - John P. Davis and his Engineering Representative Tom Varney of Varney Engineering.  Tom Varney does most of the presentation on behalf of John P. Davis and addresses some of the concerns that were discussed during a TRC meeting.

Chairman King questions the type and how many vehicles that will be entering and exiting the property; John P. David - 1 or 2 a month, possibly 40' straight rigs, in 2002 spoke with Paul Charron prior to John P. Davis purchase of the parcel and Paul Charron indicated the operation would be okay. Chairman King - So in 2002 the CEO led you to believe you could operate a business without a building permit on site, John P. Davis - I had a portable building on site not a permanent building, there is a trailer on the parcel which is leaving this Saturday (6-11-2005), would like to get a roof on building as well as keeping log storage on Spring Street Side, the elevation would keep sound in the lot.

Chairman King reminds the applicant of missing requirement in his plans.  Chairman King opens the floor to members of the public for comment either for or against the application, no public comment.

Jim Horgan voices his concern that no application for a septic system has been submitted yet, also has potential to include a manufacturing site that would need to go before the Zoning Board Of Adjustment, he also sees a requirement for the conservation commission to become involved.  Jim Horgan feels this site looks like hell, stock pile is a mess, the slope and trees on the Route 11 side do hide a lot, would like to see landscaping done on the perimeter of the property.

Don MacVane agrees with much of the same concerns as stated by Jim Horgan. Don MacVane asks what they will due with the material that is being chipped? Compliments the applicant on volunteering the information on his vision of the site, i.e.; materials to be used, color of roofing, above ground storage, what mills are being used, the addition of some paved parking, driveway being a certain width, the removal of the existing trailer. If manufacturing was done on the premises it would only include sheds and picnic tables, a sign would be on site posted with the hours of operation.

Hiram Watson agrees with Jim Horgan and Don MacVane and would also like to see the setback line from the brook.  Questions how much fuel - 1000 gallon? John P. Davis - do not know exactly how much at this time.  Hiram Watson asks about plans for the Route 11 side.

Mark Paulin - asks about future in the upper left corner with existing crossing and also is there useable land.

Paul Parker - all other members did a fine job and asked most of the questions that he was going to ask. Asks if it is a portable sawmill unit, thinks it's a great business, has the ability to manufacture other items.  Paul Parkers asks if the unit broke would the applicant consider replacing with the same.  John P. Davis - same brand kept - portable on wheels.

Chairman King feels that some of the proposed uses should be removed and taken off the plan.  However, there is not traffic flow addressed.  Chairman King asks Paul Esswein if there are regulations about paving, Paul Esswein - yes there are requirements.  Chairman Kings questions stump pile and what the applicant plans on doing with it.  Applicant would like to clean up log storage / stump pile prior to having the site walk.

Chairman King feels that the board has addressed quite a few issues that need to be addressed before they come back to the board.  

Chairman King asks again for Public Comment, no public comment, Chairman King closes comment to the public. 7:40 p.m.

Don MacVane motions to continue application and have a site walk completed on 06-21-2005 at 5:30 p.m., 2nd by Chairman King, no further discussion, all those in favor, motion passes. Drafts of the revised plan shall be provided at site-walk.

Application for Sub-Division: By: Arvard and Caroline J. Worster (Tax Map U1, Lot 9; property known as 58 Central Street; to sub-divide 6.9 acres into 3 parcels.

7:45 p.m.

Randy Tetreault - Norway Plains presents on behalf of applicant Arvard and Caroline Worster  (Arvard takes a seat at the boards table).  Randy Tetreault reviews previous months attendance for the preliminary as well as conceptual presentations, here they have tried to address those concerns that were brought forth, he will give a brief overview tonight for the members that were not at the previous meetings.  Randy Tetreault speaks about the shared driveway with 40' easement, the covenants that will be incorporated for the lots, the various grades of the lots, answering of questions on the drainage as previously questioned as well as detailed discussion on the plans he is presenting this evening.  

Paul Esswein - only determined 1 discrepancy, which he has defined in his staff report, he questions lot 1, and on sheet 2 the septic area does not leave room to build.  Randy Tetreault - septic sizes can vary 15 x 25 or 30; new technology 6x30; you could fit normal size septic system, yes that is the tightest lot.

Don MacVane questions if the driveway will be paved or gravel, Randy Tetreault - we have indicated that it would be gravel all along, the conceptual discussion was not binding, we have minutes from previous meeting that state about the road requirements.  There is much discussion amongst the Planning Board Members, the Applicant and the Surveyor about what exactly are the road standards.

Jim Horgan - aprons are his only issue.

Hiram Watson - nothing further.

Mark Paulin - enough acreage to be sub-divided again in the future, Randy Tetreault - theoretically you're right, ask the landowner his intentions, as far as DES is concerned that would be there decision.  The largest lot is for the applicant's own personal building project which will be down the road.
Paul Parker - same concern as Paul Esswein with lot 1 and the septic; questions if the driveway is to be tarred as that could pose a problem.  Paul Parker also has concerns with snow storage as on any other road; Randy Tetreault indicates there is plenty of room for snow piling.  Discussion continues about the run-off and water when the grading is done and to insure that when the grading is done it is pitched properly as well as the landscaping to be done.

Chairman King opens the floor to the public for comment either for or against the application: 8:14 p.m.

Steven Chasse - 64 Central Street - questions why we are made to have certain frontage when not using that as condition.  He's lived there for 16 years and was led to believe that there was a public R.O.W. which is how he has accessed his barn for the last 16 years and how's he going to access once this sub-division is done.

Paul Esswein discusses frontage and explains that the licensed surveyors are responsible.  Randy Tetreault shows on the map the Worster property and discusses as does Chairman King the Tax Map and the incorrectness on those maps.  A detailed discussion between abutters and Randy Tetreault, Chairman King comments with his concerns.

Lura Jackowski - 62 Central Street - would like to see road done properly; her deed doesn't state anything about Arvards land, she's talked to someone about having a catch basin put in. The abutter talks about gravel and what will happen with the drainage.

Frank Jackowski - 62 Central Street - looks good on paper, gravel driveway will wash out, road is 3 ft higher than driveway, snow removal also proposes a problem.

Chairman King asks Mr. Worster if he has any comments; Mr. Worster has lived here for 50 years, doesn't see a drainage issue, the way the driveway designed with take away runoff, snow plowing on own land, not into areas of others property. Mr. Worster was advised by PSNH 2 poles for the property, does not feel a danger in driving out, hasn't seen any accidents.

Frank Jackowski - jumps in - there have been multiple accidents, they have almost lost their front stairs due to an accident.

Chairman King thinks maybe the members of the board should go out for site walk and review the area.

Jim Horgan - no comment

Don MacVane - issue with driveway - telephone poles and the downtown impact area.  Agrees with site walk.

Hiram Watson agrees with Chairman King and should look at site; Hiram Watson believes abutter has valid concern to access his barn.

Mark Paulin - site walk would be a great help, doesn't know the area enough to make a decision.

Paul Parker - shares some of the same concerns as well as concerns with a gravel driveway and snow removal. Suggests some type of association.  

Paul Esswein - suggests board initiate a review or the town could possibly claim ownership, could have a 2nd review.

Chairman King motions to continue application at site walk, 2nd Don MacVane, any further discussion; Paul Esswein wants opportunity to review for road / driveway determinations.  Chairman King would like to contact outside council for there definition of road versus driveway, at site review will go through details; of which drainage is important all to ensure what is being proposed: Site Walk and continuation for 06-09-2005 at 5:30 p.m. Rick Lundborn - Norway Plains will be in attendance and maybe Randy Tetreault will also be.

Randy Tetreault follows-up with (1) Continuing this Public Hearing at the site (2) Accepting Application (3) Doesn't think that Arvard is adversely trying to effect any abutter (4) Paving Road - Board Members and Worster discuss (5) Density and sub-division

Hiram Watson - After site walk can determination be made, Don MacVane RSA rule full board, Chairman King not comfortable with doing it that way.

Chairman King motions for 5-minute recess, 2nd Mark Paulin

9:06 p.m.

Hiram Watson motions to continue into overtime for an additional 1/2 hour, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.

John Huckins Plan Review (TAX Map R2, Lot 54); 48.9 Acres - Chestnut Hill Road:

Applicant John Huckins represents himself in this review; summarizes for the Planning Board Members is conditional approval in February 2005.  He's back before the board to address the retention pond that DES suggested and is looking for the Planning Boards input as to keep it where it is or move it as suggested by DES.

Don MacVane asks for a copy of the letter from DES stating this suggestion.

Don MacVane motions to allow removal of the fire pond, 2nd Jim Horgan, Chairman King would like to make a friendly amendment to still allow the future installation of fire protection in the open space area, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.

9:16 p.m.

Paul Beasley (Tax Map R37, Lot 006); Review and recommendation - Application for Building Permit on a Class VI Road - "Pound Road" - 43 Acres.

Paul Esswein - the applicant is interested in purchasing the lot, which is directly across from a developed land owned, by John and Donna Doyle; the road is not up to the town standards, but not in bad shape.  Mr. Beasley agrees to be responsible for 335' past driveway of John and Donna Doyle to improve road.  Has a letter from Tom Cox Construction on what the improvements will cost, would extend Pound Road 335' long and 14' wide.  Septic design is a state for approval now.  

Paul Parker - no comment

Mark Paulin - no comment

Hiram Watson - 4 bedroom septic; house design 3 bedroom

Don MacVane - no comment

Jim Horgan - no comment
Chairman King - abutter Tom Cox did go out to property - estimation is approximately 12 feet; doesn't feel a culvert is required due to slope, improvement will continue with ditches but culvert will be required at driveway.  Chairman King - Pound Road is a private road; what he is proposing is good but not to the town requirement standards.

Paul Esswein - Planning Board road standards revision "as use" - adequate usage based on number of trips in residential area.

Chairman King - presented good and reasonable, feels the road should be built or bonded, road would have to be build before house is built.

Hiram Watson asks if that would satisfy the bank and seller. Applicant Paul Beasley - yes.

Chairman King to Selectmen's Rep - Paul Parker; what are your thoughts on 15" as Clark Hackett always suggested.  Paul Parkers only concern would be 14"; he liked the balance of the presentation by Paul Beasley.

John Huckins - public comment; Planning Board recommends to Selectmen - Planning Board makes too much of it.

Don MacVane - suggests sending in writing to the Selectmen

Chairman King recommends motion to issue a building permit contingent on making improvements to 15' driveway, 2nd Jim Horgan, any further discussion, Chairman King wants to amend his own motion to include having the Selectmen approve, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.

Continuation of application by: Packy's Investment Properties, LLC  (Tax Map U6, Lot 117); property known as 15 Summer Street; to allow the addition of 3-units to an existing 9-unit multi-family:

Chairman King motions to continue this application to the July 5, 2005 Planning Board Meeting; contingent upon the applicant submitting in writing he or a representative will attend, 2nd Paul Parker, no further discussion, all those in favor, motion passes.

Chairman King advises the Planning Board Members that he has received a letter of resignation from Troy Robidas.

Chairman King summarizes some items for the Planning Board Workshop Meeting of 06-21-2005 to include; Private Roads and Class 6 Roads; he would like to have discussions with legal as well as the selectmen on these two topics.  Also for discussion at the 06-21-2005 meeting will be driveways and shared road.

Jim Horgan motions to adjourn, 2nd Paul Parker, no further discussion, all those in favor, motion passes.

9:50 p.m.

APPROVED AS WRITTEN 07-05-2005 WITH CHANGE ON PAGE 2 OF 7; 2ND PARAGRAH; 4TH LINE; CHANGE THE WORD TOP  TO CORRECTLY READ TO.
_________________________________                                       ________________________
Charlie King, Chairman                                                  Date
Farmington Planning Board