PLANNING BOARD WORKSHOP MEETING MINUTES
TUESDAY – JULY 19, 2005
356 Main Street – Farmington, NH
Members Present: Charlie King, Hiram Watson, Don MacVane, Jim Horgan, David Kestner, Charles W. Wibel, Alternate - Seated for Gerald "Gary" White
Absent: Gerald "Gary" White - without notification, Mark Paulin, Alternate - without notification,
Jason Lauze, Alternate - with notification
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Randy Orvis, John Huckins, Steven Chasse, Arvard Worster, Caroline Worster,
Lura Jackowski, Frank Jackowski, Norman Russell, Margaret Russell
Chairman King begins with the plaque presentation at 6:08 p.m.
Plaques presentation to Troy Robidas and Robert "Bob" Talon.
Neither of these past Planning Board Members were in attendance to receive their plaques, however; Chairman King did read the inscription on each of the plaques and held them up for TV viewing audience to see (no sound - technical difficulty).
Chairman King states that before the meeting begins he would like to introduce Charles W. Wibel, the Planning Boards newest Alternate Member.
6:11 p.m. Chairman Kings seats Charles W. Wibel for absent Gerald "Gary" White and comments that the Board will wait a few more minutes to allow Mark Paulin to arrive.
6:15 p.m. Chairman King - Since Mark Paulin does not seem to be attending I am calling the Planning Board Meeting of July 19, 2005 to order.
OLD BUSINESS / NEW BUSINESS:
Election of Planning Board Secretary - (Replacement for resigned Troy Robidas)
Hiram Watson nominates Don MacVane, 2nd Paul Parker, Don MacVane accepts nomination.
Chairman King nominates Jim Horgan, 2nd Don MacVane; Jim Horgan does not accept nomination.
Vote taken by Planning Board Members unanimously approve the appointment of Don MacVane as Secretary to the Farmington Planning Board.
Second review / reading for changes and issuance of final draft to the Farmington Planning Board Rules of Procedure, section "B" Board Action.
Jim Horgan motions to accept those changes to the Planning Board Rules of Procedure, 2nd Paul Parker, no further discussion, all those in favor, motion passes.
Master Plan Chapter 3 review; (Chapters 4, 5, and 6 are still under construction).
Jim Horgan states that the copy that was presented this evening has the same voids in it as previous hands-outs and I would be very inclined to move this review to another meeting until such time as the Map information that is missing throughout the document is included. Jim Horgan recommends getting the documents in hand that include this map information possibly via disk?
Chairman King - certainly agrees with Jim Horgan and based upon other items on the agenda he suggests that we continue with this item to after the Public Hearing Portion of this meeting, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Conservation Commission Presentation: Criteria used in development of the setbacks for Class II to Class I Wetlands.
Randy Orvis - Orvis/Drew, LLC is here for discussion as Chairman of the Conservation Commission and regretfully informs the board members that he does not really have anything to present as the Conservation Commission has been unable to attain quorum status and only just last week have they held an official meeting. As far as the setback issues to be addressed he said 1 is easy and actually just look at the wetlands and see what it should be. He would like the Planning Boards help to develop a system that triggers the Conservation Commission "when" to look at wetlands, and "what" procedures are for them to follow. Randy Orvis would also like to see if he could talk a Planning Board Member into becoming the liaison to the Conservation Commission Member Roster.
Don MacVane - none of these gentlemen have close scrutiny.
Randy Orvis feels that the Planning Board and Conservation Commission should be working together; other Towns have appointed Planning Board liaisons to their Conservation Commissions. Randy Orvis - the way the ordinance is written, not all applicants go to the Planning Board, only to the Conservation Commission, the Conservation Commission at one time did have a Selectmen as the liaison. Paul Parker confirmed that this should be a requirement.
Chairman King questions Paul Esswein if we have anything in place that triggers the Conservation Commissions input, Paul Esswein - we review at the TRC Meetings if the Conservation Commission would need to be involved.
Discussion amongst the Board Members, John Huckins, Paul Esswein and Randy Orvis on the subject of buffers in and around the wetlands.
Jim Horgan volunteers to join the Conservation Commission as an Alternate Member, Don MacVane formally recommends, 2nd Hiram Watson, no further discussion, all those in favor, motion passes.
Paul Parker asks Randy Orvis if there is room / slot open / available on the Conservation Commissions Board. Randy Orvis - there is definitely an Alternate Position open. Paul Parker comments that this has been a long standing problem with filling and maintaining positions on the Conservation Commissions Board as well as individuals applying for positions then not showing up for meetings. Randy Orvis advises the Planning Board Members that letters have been sent out to a couple of individuals who regularly are "no shows" requesting that they resign their positions which would allow for new appointments.
Chairman King asks Paul Esswein to think about and come back to the board with ideas for "triggering" Conservation Commissions input into Planning Board matters. Randy Orvis interjects that Strafford, Wakefield, Lee, Madbury, Wolfeboro, and most all of Rockingham County have implemented some type of wetland buffer setback requirements.
Jim Horgan feels and motions that the Conservation Commission needs to get together for meeting and discussions to prepare criteria triggers and that the Planning Board should continue this discussion to the next Planning Board Workshop Meeting of 08-16-2005, 2nd Don MacVane, no further discussion, all those in favor motion passes.
Handouts to be available - (1) Priority list summary, (2) Application check list, (3) Planning Board work plan.
Chairman King motions to remove all these items to a "future" Planning Board Workshop Meeting, 2nd Hiram Watson, no further discussion, motion passes.
Chairman King motions for a 5-minute recess, 2nd Jim Horgan, Don MacVane states that we are past the
6:30 p.m. Public Hearing Portion and that he motions to continue the meeting without a 5-minute recess, no further discussion, all those in favor, 3 in favor of no 5-minute recess and continuation to Public Hearing portion - Paul Parker, David Kestner, Charles Wibel, this motion passes, Chairman King's motion fails.
Continuation of Public Hearing Application By: Arvard & Caroline Worster (Tax Map U1, Lot #9): Property known as 58 Central Street; to sub-divide 6.9 acres into 3 parcels.
Don MacVane reads letter received 07-19-2005 from Attorney Donald Wittman out of Rochester, New Hampshire as representative of Steve Chasse and wife Michelle, relating to the 33 foot R. O. W.
Chairman King questions Paul Esswein about the receipt of the motion for Quite Title.
Chairman King, Jim Horgan and Don MacVane comment - stick to the plan and that if any information is received it should be noted for the record, date stamped and signed by the Planning Board Secretary as officially received, it is the Boards obligation to perform that duty. Hiram Watson asks if Arvard Worster has received a copy of the Quite Title as referenced.
Charles Wibel states Attorney Bates comment in paragraph 2 of the email should be written as a condition of approval. David Kestner agrees with Charles Wibel comment as well as the contents of the 2nd paragraph in Attorney Bates email to Paul Esswein. Paul Parker states that he did and still does have reservations about the approval of the sub-division and also comments that the Town of Farmington does pay for an Attorney for legal advise and we should heed wording from the Attorney. Chairman King reads the 2nd paragraph of Attorney Bates email to Paul Esswein referring to "attach a condition to any subdivision approval - contingent upon the accuracy of the boundaries shown on the plat".
Chairman King opens the floor to comments from the applicant Mr. Worster; first of all with regard to the letter from Mr. Chasse Attorney we also have hired an Attorney to pursue anything that Mr. Chasse presents them with.
Paul Esswein reminds the Planning Board Members that the applications before them has been signed by a licensed surveyor and he would further agree with the Town of Farmington Attorney that the Planning Board Members are not Title Attorneys and feel that they should act upon the application solely.
Jim Horgan feels that they should approve the plan contingent upon the accuracy of the boundary lines and make it a stipulation that an approval would be pending based upon the accuracy of the valid boundary lines.
Chairman King and Members of the Board discuss the lawsuit pending for Quite Title.
Arvard Worsters Attorney addresses the board members in what is legal or not.
Chairman King opens the floor to the public for comments either for or against this application.
Mrs. Lura Jackowski talks about what is written on her deed with respect to her rights of passage, she also addresses the fact that she has been going to the Town of Farmington for years on this R. O. W. and no one it seems can do anything about it.
Mr. Steve Chasse wants to roll back a bit and talk about the Map Reference of 58 Central Street as well as the abutter notices that referenced it as 58 Central Street which is incorrect so he is not sure that this meeting and the previous meetings were legally held. Mr. Chasse reviews (1) separate parcel of land not on his property, (2) make sure we are all on same page, (3) last meeting discussed street versus driveway, (4) if we are going to throw out all rules than why are we working on the Master Plan, (5) he would like to know what the RSA referenced is to that he can read for himself.
Chairman King - Sub-division regulations.
Charles Wibel - questions R. O. W. and how deed is written; Mr. Chasse has furnished the board with all the data that has been required.
Mr. Steve Chasse makes comments about his land being cut out of the 33' strip R. O. W.
Mrs. Lura Jackowski - she's spoken with 3 people that use the same R. O. W., she steps behind the Planning Board Members and points out on the Map she's provided where she is referencing.
Randy Orvis Surveyor - every piece of land is owned by someone, tax maps are not boundary maps and are not to be construed as non-existing.
Mr. Frank Jackowski - we have given the Board copies of tax maps and other documentation, Mr. Jackowski relays the discussion he had with Norway Plains.
Chairman King questions Paul Esswein on the posting of the sub-division notice as well as the tax map and lot number. Paul Esswein - notice Tax Map U1, Lot 9 sub-division is U1, Lot 9; U1, Lot 2 also owns as addressed at 58 Central Street.
7:25 p.m. Chairman King motions for a 5-minute recess to allow Doreen T. Hayden to make photo copies, 2nd Hiram Watson, no further discussion, all those in favor, motion passes.
7:35 p.m. Chairman King calls the meeting back to order.
Mr. Chasse questions if all the correct abutters had been noticed - specifically across the street, Chairman King and Paul Esswein reply that yes, abutters directly across street had been, U2, Lot 96 and U2, Lot 97 and both Chairman and Director are confident about notification.
7:35 p.m. Mr. Worsters' Attorney - follow-up on notices as well as survey as presented by Norway Plains, he believes Randy Tetreault findings are correct. Has reviewed all of the documented facts as described on the certified documentation.
Chairman King allows for brief comment from Public; Mrs. Jackowski - refers to the R. O. W. all the way down for passage of cattle and future of the road.
Mr. Chasse comments that as stated survey doesn't convey title, survey only measures.
7:45 p.m. Chairman King closes the meeting to the public to allow the Planning Board Members discussion time.
Charles Wibel asks about the private road and who will maintain; Chairman King an association will be devised.
Charles Wibel wants the board to consider 5 years down the road and what's going to happen when residents petition the Town of Farmington for road acceptance. If 3 people bought and stayed all the years of their life that would be great, however that is not the real world.
Charles Wibel asks if they will be paving the road; Chairman King replies that the applicant has asked for waiver of partial pavement on inclined portion of the road.
There is discussion amongst the board members on the driveway and roads as presented on the plan.
Paul Parker still has a concern about Lot 1; talks about bringing water down through and swales. Chairman King replies in subsequent plan the water was directed down the road and along Lot 3, and further comments that the road placement and road width has not changed.
Hiram Watson suggests a raised system.
David Kestner - Randy Tetreault addressed swale in last meeting and indicated Lot 1 would get most of the water.
Paul Parker - Sub-division Regulations under 2.15 Minor Sub-division requirements are for no road; asks what is this applications classification.
Paul Esswein - Applicant is asking for review under Major, they have satisfied all the requirements for Major Sub-division, I have given my report dated 6/1/2005 and identified meeting requirements. Paul Esswein reads waiver requirement and section 4.17 of the Sub-division Regulations.
Chairman King - applicant is requesting multiple waivers.
Chairman King polls each of the members for discussion on their thoughts / input / comments / concerns on this application.
David Kestner - would like some discussion on paving down a ways towards the slope, generally in favor of the application.
Charles Wibel - not sure; how familiar with application; against giving waiver; primarily there is another alternative of taking 50' from another; show favoritism to one - must show to all.
Chairman King advises Charles Wibel that the Planning Board is working on the road standards for the Town of Farmington.
Hiram Watson - no issues - in favor as granting as a whole.
Don MacVane - pavement issue, should be paved - just like Central Street being paved, no other comments.
Jim Horgan - road should be paved.
Chairman King - agrees with Don MacVane and Jim Horgan that the road should be paved.
Hiram Watson - does not see a problem with good gravel road. If making road to be paved it would be sealing up the road.
Chairman King asks if anyone would like to make a motion.
Don MacVane motions requesting acceptance of application dated 07-05-2005 with the road being paved prior to Certificate of Occupancy being issued, per each lot and that under Section 4.17 with exception of paving entire street, 2nd Jim Horgan, no further discussion, 5 in favor; 2 against - Charles Wibel and Hiram Watson, motion passes.
Chairman King once again asks the Planning Board Members if they have any other comments.
Paul Parker still has concerns with Lot 1 and the wet issue.
Paul Esswein suggests contingent of paving road by issuance of bond.
Don MacVane - any approval of accuracy of boundaries shown on the plat as well as any association paperwork.
8:30 p.m. Chairman King opens the meeting back to the public for additional comments.
Mrs. Jackowski - concerned about the water run-off; states that the Town of Farmington was to fix the culvert that is in front their home, she commented that the Town of Farmington had a plan to fix the drainage issue in that area and questions if Mr. Worster is going to pick up the drainage culvert issue.
Don MacVane suggest Mrs. Jackowski bring this subject up with Dale Sprague when project moves forward.
Mr. Chasse wants the board members to ensure that the proper permits and street cuts on Rte 75 are completed as well as the subject of a road or driveway.
Chairman King asks Paul Esswein to review the State of New Hampshire DOT permit for Mr. & Mrs. Worster.
Don MacVane motions to accept the application subject to the following contingencies, 2nd Jim Horgan,
(1) That the applicant post a bond in an amount to be determined by the Board of Selectmen adequate to ensure completion of project infrastructure, including paving and drainage structures.
(2) That a statement to the effect that the approval is contingent on the accuracy of the boundaries shown on the plat be added to the plat.
(3) That the shared driveway maintenance agreement be reviewed and approved by the Town Attorney.
(4) That the Drainage Analysis dated June 5, 2005 be revised to reflect the expansion of impervious surface occasioned by additional paving, and modifications to drainage structures as warranted. Such revision to be reviewed and approved by the Director of Planning and Community Development or other competent authority selected by the Director.
(5) That State Subdivision Approval be obtained for each lot.
(6) That the Plan be revised to reflect any changes warranted by any of the conditions listed above.
Don MacVane enters into discussion with Attorney Hoover, Chairman King interjects that is not allowed non-planning member to enter into discussion during motion; Don MacVane does not want to withdraw his motion; Hiram Watson - a new plan being brought up with requirements should allow the Worsters Attorney to speak; Paul Parker - no comment; David Kestner - can we withdraw the motion temporarily, Chairman King - no - Don MacVane does not want to withdraw his motion, Charles Wibel - questions voting on the plan; Paul Esswein suggests a friendly amendment to add the drainage study review be handled by the Planning Department, Don MacVane accepts the friendly amendment suggestion, 2nd Jim Horgan, no further discussion, all those in favor 6; 1 - against David Kestner "friendly amendment".
Conditions of approval as motioned by Don MacVane and 2nd by Jim Horgan, no further discussion, all those in favor; 3 - Chairman King, Don MacVane, Jim Horgan, those opposed - Paul Parker, David Kestner, Charles Wibel, Hiram Watson - motion fails.
The board members go into discussion on various topics; Attorney Hoover asks if the application is not approved will the sub-division not go through. Paul Esswein based on Attorney Bates statement, a building permit would not be held up.
Chairman King - RSA 676 - revocation of recorded approval, Paul Esswein - basically not in compliance with conditions.
Mr. Chasse - since a dispute of ownership of the separate piece of land, I suggest that the board postpone their decision until court case in final.
Mr. / Mrs. Jackowski - argues about others properties
Chairman King - any further public comment, no comments, Chairman King closes Public Hearing portion of this meeting.
Paul Esswein recommends approval based on Town of Farmington Attorneys statement on plat, it is up to a court that has such jurisdictions on boundary disputes it is not the Planning Board authority to solve those disputes. Town of Farmington Attorney suggests contingent upon boundary definitions on Plat.
Don MacVane motions to accept the application subject to the following conditions:
(1) That the applicant post a bond in an amount to be determined by the Board of Selectmen adequate to ensure completion of project infrastructure, including paving and drainage structures.
(2) That a statement to the effect that the approval is contingent on the accuracy of the boundaries shown on the plat be added to the plat.
(3) That the shared driveway maintenance agreement be reviewed and approved by the Town Attorney.
(4) That the Drainage Analysis dated June 5, 2005 be revised to reflect the expansion of impervious surface occasioned by additional paving, and modifications to drainage structures as warranted. Such revision to be reviewed and approved by the Director of Planning and Community Development or other competent authority selected by the Director.
(5) That State Subdivision Approval be obtained for each lot.
(6) That the Plan be revised to reflect any changes warranted by any of the conditions listed above.
(7) That the Chairman is authorized to sign the Subdivision Plat on behalf of the Farmington Planning board upon completion of Conditions 1 thru 6 above.
2nd Jim Horgan, no further discussion, all those in favor; David Kestner, Hiram Watson, Jim Horgan, Charlie King, Don MacVane, opposed; Paul Parker, Charles Wibel, motion passes.
9:00 p.m. Jim Horgan motions to continue the Planning Board meeting for and additional 1/2 hour to 9:30 p.m. with a 5-minute recess, 2nd Paul Parker, no further discussion, all those in favor, motion passes.
9:10 p.m. Chairman King re-opens the meeting
Master Plan Chapter 3 Review; (Chapters 4, 5, and 6 are still under construction):
Jim Horgan has concerns - in the text it refers to Map….which we still do not have, his understanding some time ago Maps were available, he believes we need them, doesn't care who pays or how we get them, we should have these for our Master Plan.
Paul Esswein - anyone that knows differently please speak up; at some point when ZAMPS started to develop this plan, it was agreed to do a series of maps to go along with the Master Plan because it was Natural Resource - Conservation Commission was going to contract with whom? For Inventory and Mapping. Brad Anderson has done Maps and there was an amount agreed upon to be paid to Brad Anderson for this, question has been who's going to give the money, it was stated that Brad Anderson has a wealth of information, Jim Horgan states it is well worth the money to get this information from Brad Anderson.
Paul Parker - every time I think this is resolved another unsolved issue arises. Chairman King comments that there was some grant money to be used as payment for Brad Anderson.
Paul Esswein - grant would not allow payment of money, Randy Orvis feels it should be paid, If the Conservation Commission contracted the work to be done that it should come out of the Conservation Commissions budget. Paul Esswein - we need to address the Master Plan and get it out of the way, doesn't care where the money comes from, he has a consultant line item in the budget with dollars available to pay and he would just as well use this budgeted amount to pay.
Jim Horgan recommends taking those dollars from Paul Esswein budget and have the Planning Board go to the Conservation Commission for partial re-imbursement.
Don MacVane suggests we get a copy of the agreement and make sure you get what you paid for.
Paul Parker asks what is left in the Master Plan fund to take from there.
Paul Esswein says 1st payment of 2500.00 and 2nd payment of 2500.00 for $5,000.00 fee.
Chairman King motions to authorize / request Paul Esswein to resolve issue with Planning Board budget and any dollars left over from the Master Plan to be used at his discretion, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Paul Esswein - talks about chapter 3 - page 3.2 chart.
David Kestner questions page 3.10 section 6.5 - who's going to determine land capability? Chairman King - state requirements on poorly drained soils.
Paul Parker thinks we'll be opening a Pandora's Box. David Kestner we discussed earlier a similar situation as indicated here.
Norman Russell - all soils within this community have been identified soil types.
9:32 p.m. Chairman King motions for 10 more minutes, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Jim Horgan wants to continue discussion of this Chapter 3 to the next meeting.
There is discussion regarding vernal pools amongst the board members.
Norman Russell comments that Chapter 5 has been reviewed and submitted, Paul Esswein will send to the board members.
Chairman King motions to move Chapters 3 and 5 to the next Planning Board Workshop Meeting of 08-16-2005, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
9:53 p.m. Chairman King motions to adjourn, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
APPROVED AS WRITTEN 08-02-2005
________________________________________ ___________________
Charlie King, Chairman Date
Farmington Planning Board
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