PLANNING BOARD MEETING MINUTES
TUESDAY – JULY 5, 2005
356 Main Street – Farmington, NH
Members Present: Charlie King, Hiram Watson, Don MacVane, Jim Horgan, Mark Paulin-Alternate Seated for Gerald "Gary" White, David Kestner, Jason Lauze-Alternate - not seated
Absent: Gary White - without notification
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: William Robinson, Aaron Allen, Arvard Worster, Carolyn Worster, Packy Campbell, Tom Varney, LuAnne Varney, Randy Tetreault-Norway Plains Associates - Surveyor, Lura Jackowski, Frank Jackowski, Steven Chasse
Chairman King called the meeting to order at 6:08 p.m.
OLD BUSINESS:
Review and approve Planning Board Meeting Minutes of 06-07-2005; Don MacVane motions to approve the minutes as written, 2nd Mark Paulin, discussion; Jim Horgan notes that on page 2 of 7; 2nd paragraph; 4th line; change the word top to read to, no further discussion, all those in favor, motion passes.
Paul Parker motions to recess until technical difficulties with the video equipment can be fixed, 2nd Jim Horgan, no discussion, all those in favor, motion passes, 6:10 p.m.
Chairman King calls the meeting back to order 6:12 p.m. there will be no televised viewing of this evenings meeting due to video equipment failures.
Review and approve Planning Board Public Hearing and Site Visit Meeting Minutes of 06-09-2005 relating to 62 and 65 Central Street (Tax Map U1, Lot 9); Don MacVane motions to approve the minutes as written, 2nd Paul Parker, no further discussion, all those in favor, motion passes.
Review and approve Planning Board Workshop Meeting Minutes of 06-21-2005, Don MacVane motions to approve the minutes as written, 2nd Jim Horgan, discussion and motion by Paul Parker to add his statement of "making a motion to add a special meeting of July 12, 2005 for discussion on road standards implementation" 2nd Jim Horgan, this should be included on page 4 of 5 of the 06-21-2005 Meeting Minutes prior to the paragraph beginning with "Jim Horgan motions to continue this topic", Don MacVane adds a friendly amendment to include the review and approval of the Public Hearing & Site Visit minutes of 06-21-2005, no further discussion, all those in favor, motion passes.
Chairman King advises board members of the Plaques that are to be presented to past Planning Board Members Troy Robidas and Robert "Bob" Talon that will take place at the boards next Workshop Meeting of 07-19-2005.
Jim Horgan motions to consider this presentation to the "Special" Planning Board Meeting of 07-12-2005, 2nd Mark Paulin, no further discussion, all those in favor, only 2 - Jim Horgan and Mark Paulin, motion fails, plaques to be presented at the July 19, 2005 Planning Board Workshop Meeting.
6:24 p.m.
Chairman King motions to recess to 6:30 p.m. 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
6:32 p.m.
Chairman King calls the meeting back to order.
Continuation of Application review by: Packy's Investment Properties, LLC (aka: PIP, 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 asks Packy Campbell if he has any additional input to provide the board; Packy Campbell replies not at this time for this application.
Paul Esswein updates the Planning Board Members on the status of this application as well as giving his recommendations and noting the items that have been received from the applicant as requested; waster storage and screening, building elevations, drainage study for the potential run-off, landscaping plan and the re-orientation of the building as to not having parking in the front. Paul Esswein recommends to the board to accept the application as complete.
Chairman King polls the board members for questions; Jim Horgan - none, Don MacVane - questions the entrance to the units - Paul Esswein replies, Hiram Watson - none, Mark Paul - none, David Kestner - questions the drainage on level pavement or a burm to be installed to drain downwards towards the river.
Packy Campbell replies - a small detention pond with 10"-12" burm going to the water; the drainage analysis details all information.
Chairman King questions the low area - Packy Campbell - showed slight elevation.
Don MacVane - interjects that if they had a worksheet he would be able to note all this on the form.
Don MacVane - motions to accept plan and the application; 2nd Jim Horgan; any discussion; Chairman King makes a friendly amendment to the motion to allow him (Chairman King) to sign the plat when complete, 2nd Hiram Watson, there is more discussion between applicant Packy Campbell, Paul Parker and Don MacVane with regards to concerns of the 9-unit to 13-unit multi-family, as well as it meeting the standards. Chairman King interjects that he doesn't disagree with Paul Parkers opinion and the Zoning Ordinance, no further discussion, all those in favor, motion passes.
Packy Campbell couple of ending comments; 1) compliments the board on their efficiency and quickness tonight; 2) comments that he was told to be here at 6:00 p.m. for continuation of review, which did not begin until just after 6:30 p.m.; Chairman King advised that actually the items on the agenda should have been listed under the 6:30 p.m. public hearing portion not under the 6:00 p.m. start time; 3) Packy Campbell comments that he's had discussions with the Planner on the requirement of packages being in the office 30-days prior to the Public Hearing and that the board members should have plenty time for review and not have to review items at the hearing; 4) Lastly the applicant notes that 3 weeks ago he sent an email to have his report submitted to board members.
Don MacVane makes statement that the applicant has some good points.
Continuation of Public Hearing Application By: Arvard & Caroline Worster (Tax map U1, L#9: Property known as 58 Central Street; to sub-divide 6.9 acres into 3 parcels.
6:48 p.m.
Randy Tetreault - Norway Plains presenting for applicants Arvard and Caroline Worster. Randy Tetreault reviews from last months Planning Board Meeting and the Site Walk that was held on June 9, 2005. He updates the board on his meeting with the DOT and reviews to the board the revised and submitted driveway plans.
Hiram Watson asks about the size of the pipe - Randy Tetreault replies that it will be minimum of 15" as the state doesn't like anything less.
Jim Horgan, Don MacVane and Hiram Watson all compliment on the good review and good drainage as presented. Mark Paulin has a question from the Site Walk in regards to the culvert area.
Randy Tetreault comments that it was quite a pull from the DOT to allow the culver of such size in the states R.O.W.
David Kestner questions the use of hay bale - noting that it will be in place quite some time; Randy Tetreault advises it is only a temporary barrier and will be removed once the stabilization is completed. Silt fencing, pea stone and other items discussed. David Kestner also questions the individual houses that are going in, each to have culverts; Randy Tetreault - all will match the 15".
Paul Parker feels the man hole will take care of all water concerns and will be a big help, Randy Tetreault - whether it will take care of all Central Street it is not the Worsters problem.
Randy Tetreault explains to the board members the water run-off path as shown on his plan.
Chairman King calls for any questions, comments or discussion.
Paul Esswein - at the site walk was asked driveway or roadway conditions, he has done research and determined that 3 houses should be considered a road, sub-division regulations should clarify. He would recommend waiving 50 ft R.O.W., pave driveway to eliminate slope erosion that is what is being proposed; the homeowners would be maintaining the road.
Chairman King agrees with Paul Esswein's interpretation. Chairman King asks Paul Esswein - based upon what is being asked to be waived what are your thoughts on how many waivers would we be requesting. Paul Esswein - 50' R.O.W.; 20' minimum pavement; road radius on corner referring to section 4.17 sub-division road design standards. Randy Tetreault interjects with his interpretations, Paul Esswein agrees with Randy Tetreault interpretation and suggested road standards waivers.
Chairman King opens the floor to the members of the board for discussion; Jim Horgan - damn good idea, Don MacVane - pass, Hiram Watson - asks about road cross section - Randy Tetreault - sheet C3, David Kestner - not 100% in agreement to waive only swaying 90%, his issue is pavement where it should go to the end and not stop and continue with gravel, he's fine with the width and the R.O.W. Paul Parker agrees with the suggested waivers and notes that we should make sure it does happen as so stated and refers to Section 4.7. Paul Parker also questions the sidewalk requirement for this application. Randy Tetreault debates Paul Parker's suggestion for sidewalk requirement, comments that there is plenty of room for walking.
Chairman King opens the floor to the public for comments and discussion on this application. 7:20 p.m.
Lura Jackowski - refers to her Deed that references the R.O.W.; she's comments that she is glad that the culverts will be 15" and feels those will be sufficient to carry the run-off; she also mentions a brook-way that passes through her property.
Steven Chasse - comments on the waiver for hardship, doesn't believe there is a hardship, believes access should be and can be from another point, he states that he is suing for quite title, has requested a restraining order to be filed to not allow any development and states that this is not a good plan and should not go ahead with the project.
Frank Jackowski - 15" culvert is a good idea; refers to the Emerson side of the property and states that the Worsters Deed does not mention R. O. W.
7:32 p.m. Chairman King motions for a 10-minute recess; 2nd David Kestner; no further discussion, all those in favor, motion passes.
7:40 p.m. Chairman King calls the meeting back to order and turns the floor over to Randy Tetreault who summarizes; as in the 1st meeting not to be adversarial, professional opinions are done by licensed surveyors, boundary lines tough spot, has more than adequately surveyed lot, other issue outstanding is the sub-division approval that is still pending, and that is about all he has to ad.
Arvard Worster feels that paving all the way down is not necessary, he has bent over backwards to accommodate the requirements, the gravel that will be laid is going to be as good as you can get - comparable to any other, does not feel that sidewalks should be an issue, there are only going to be 3 houses, does not feel a need to have a 16' wide road. The reference to lawyers and issues about restraining orders and suing for quite title will not be discussing will talk about that outside of this meeting and he feels that they (Worsters) do own the land in question.
Lura Jackowski - Asks Mr. Worster about a buffer between the properties and who would be responsible to maintain. Chairman King replies Association Documents; Mr. Worster also confirms that there will be an Association document draw up to cover the 3-house lots.
Paul Esswein notes that there is no requirement for a buffer, as for questions on Deeds and whether or not Mr. Worster owns the piece of land in question is a court matter. The Planning Board has a plan before them that they are obligated to act upon.
Chairman King - shouldn't we have a review of what is presented and have legal look at. Paul Esswein questions who's going to pay for legal. Discussion ensues with Paul Esswein and members of the board regarding the legal actions that Mr. Chasse has indicated he is pursuing.
Paul Parker indicates that he has a concern with Mr. Chasse presentation and thinks that legal might have some input on this as a cautionary plan.
Jim Horgan asks what would make Chairman King feel comfortable to approve this application and come back to the next regularly scheduled meeting to review presented documents and then come back with recommendations to the board.
Hiram Watson asks Paul Esswein how he feels, Paul Esswein replies does not have a problem asking the Attorney for his input.
Mark Paulin, David Kestner and Paul Parker each state they are being cautious on moving forward with the new information that has been presented.
William Robinson - I have been in this situation before, shouldn't Mr. Chasse be presenting his surveyors findings?
Aaron Allen - I own a large parcel on Dodge Cross Road and I have lost a couple of parcels due to similar circumstances as being presented here.
Lura Jackowski - Presents survey she had done showing the brook way and the R. O. W.
Jason Lauze - The Planning Board should be consistent - same dispute as previously presented with property line issue.
Steve Chasse - No personal vendetta against Mr. Worster, but I truly believe in my heart that's my property.
Jim Horgan motions to move this application review to the next Planning Board Workshop Meeting of Tuesday, 07-19-2005, 2nd Paul Parker, any discussion; Don MacVane asks Steve Chasse if that would provide him enough time for research, Jim Horgan - re-iterates his feelings on this application, Hiram Watson - recommends that Steve Chasse come in on 07-19-2005, Paul Esswein - Lura Jackowski should have her survey ready for the Planning Board meeting, no further discussion, all those in favor; 1-opposed - Don MacVane, motion passes.
Continuation of Application 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.
8:14 p.m.
Tom Varney, Varney Engineering presents for absent applicant John P. Davis.
Paul Esswein advises the board members that new material has been submitted today.
Tom Varney notes that he has added 3 addendums to the plan that were submitted on 07/05/2005.
Don MacVane comments that he would like to see specific hours of operation listed on the recorded plan i.e.; Monday through Friday 7:00 a.m. to 5:00 p.m.; Saturday 7:00 a.m. to 5:00 p.m. selling lumber only, not sawing; Sunday closed or by appointment only.
Jim Horgan noted that a couple of months ago there was a statement made of the potential for sales of manufactured lumber.
Don MacVane - questions the new 500-gallon diesel holding tank versus the 1st proposed holding tank of 125 gallons.
Jim Horgan - comments cheaper by volume.
Chairman King - opens the floor to the public for comments and/or questions.
Aaron Allen questions if this is in the Agricultural District? Paul Esswein - No it is commercially zoned.
Paul Esswein has no issues with the narrative as furnished, does have an issue from the site walk review regarding sawmills hydraulic fluid spillage underneath the sawmill; would like to see some type of catch basin installed. Should be put underneath to avoid spillage onto / into the ground.
Jim Horgan still has issues with the fuel not being under lock and key when the business is not in operation.
Hiram Watson - no comments
Mark Paulin - Agrees with Paul Esswein on the catch basin for possible fluid spillage.
David Kestner - no comments
Paul Parker - likes the suggestions made by Paul Esswein, he feels the log storage up against trees is still an issue, would like to see that the stack of logs not piled higher than what is typically on a trailer; Tom Varney comments that 1 load truck are not overly high, Paul Parker would like a statement on the recorded plat that states "not more than what is on a trailer". Don MacVane asks just what is the height? Paul Parker thinks it was represented as 10 feet high, David Kestner comments that it is 13.6 feet over the road height, truck loads any higher would take down wires, etc. There are multiple discussions on going regarding the height requirement, the safety issues and if 10 feet is an acceptable height restriction.
Chairman King - likes what was done with the fuel storage area, he does agree that this should be under lock and key, and the flammable storage container should also be under lock and key, as for the balance of the application he is in agreement with the suggested changes to be made.
Chairman King motions to accept site plan as presented with the following conditions:
(1) Revision of the plan to include locking storage facilities for flammable petroleum, oil and
lubricants.
(2) Revision of the plan to include a concrete pad and/or containment system for spills beneath and
around the sawmill. The revision to be reviewed and approved by a competent authority as
determined by the Planning Director.
(3) Revision of the narrative description to include the following hours of operation.
Sales and Milling - Monday through Friday 7:00 a.m. to 5:00 p.m.
Sales Only - Saturday 7:00 a.m. to 5:00 p.m.
Sales by Appointment - Sunday
(4) Log Storage - Stacks shall not exceed ten (10') feet in height.
(5) Chairman authorized to sign the plan upon completion of the above conditions.
Continuation of 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 acre from the existing 84 acre parcel.
8:41 p.m.
Paul Esswein advised the board members that the requirements for sub-division are for a completed survey to be provided for review. However at last months Planning Board Meeting Mr. Allen was advised that under the current regulations he would be allowed to put a second house on the 84-acre lot as he does have the sufficient frontage requirement. Paul Esswein further stated he felt it would be allowable to show the entire parcel of 84 acres but only survey the 1 - 1 1/2 acre lot Mr. Allen is proposing to sub-divide.
Aaron Allen represents himself in this application. He advises that Tom Varney - Varney Engineering is doing the septic design.
Don MacVane motions to approve the sub-division of 1-acre parcel, 2nd Paul Parker. Chairman King interjects that a waiver is required and the applicant needs to sign for which Paul Esswein has drafted this evening. Chairman King further makes a friendly amendment to the motion made by Don MacVane to accept the applicants signed waiver. Don MacVane withdraws his motion, Jim Horgan 2nds the friendly motion by Chairman King, friendly amendment motion passes. Don MacVane motions to accept the application for sub-division, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
8:55 p.m.
Conceptual discussion By: William Robinson (Tax map U11, Lot #32): Property known as 81 Bay Road, 5.61 acres for sub-division.
The board members, Paul Esswein and William Robinson have discussion concerning this proposed sub-division, what William Robinson has for a vision of the parcel. At this point in the game plan William Robinson was just getting a heads up from the board members so that he may put the correct terminology into words for the writing of his will.
9:08 p.m.
First reading of the Planning Board "Rules of Procedure" section "B" Board Action.
The Board Members and Paul Esswein review the contents of the Rules of Procedure and take into consideration Paul Esswein's re-write of Section "B". Each of the Board Members stated they would like time for review and suggested that final adoption will be at the Planning Board Workshop Meeting of
07-19-2005.
Chairman King added that the vote for Secretary would also take place at the Planning Board Workshop Meeting of 07-19-2005.
Chairman King motions to have legal representation at the 07-12-2005 "SPECIAL" Planning Board Meeting, 2nd Mark Paul, discussion; Hiram Watson feels they each should develop a list of questions to present to legal, Jim Horgan agrees with Hiram Watson and feels we should get the most for out money, any further discussion, all those in favor, 2-Chairman King and Mark Paulin, all others in attendance opposed, motion fails.
Jim Horgan motions to adjourn, 2nd David Kestner, no further discussion, all those in favor, motion passes.
9:20 p.m.
APPROVED AS WRITTEN 08-02-2005
______________________________________ __________________________
Charlie King, Chairman Date
Farmington Planning Board
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