PLANNING BOARD MEETING MINUTES
TUESDAY – SEPTEMBER 6, 2005
356 Main Street – Farmington, NH
Members Present: Charlie King, Jim Horgan, David Kestner, Charles Wibel-Alternate, Mark Paulin, Don MacVane
Absent: Hiram Watson - with notification
Late Arrival: Jason Lauze-Alternate
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: George Meyer, Lorraine Meyer, Simone LaRoche, Wayne LaRoche, Joanne Shompe, Brian and Sarah Palmer, Jim Moore
(please note that although the attendance sheet requests that names be printed, the public continues to write and
some of the writing is not legible therefore spellings could possibly be wrong.)
Chairman King calls the meeting to order 6:11 p.m.; seats Charles Wibel for Hiram Watson, seats Mark Paulin for Gerald “Gary” White who did send to Chairman King an email letter with his regrets of resignation.
OLD BUSINESS:
Review and approve meeting minutes of 08-02-2005; Jim Horgan motions to approve as written, 2nd Charles Wibel, no further discussion, all those in favor, Don MacVane abstains, motion passes.
Review and approve meeting minutes of 08-16-2005; Jim Horgan motions to approve, 2nd Charles Wibel, discussion; Paul Parker comments that on page 6 of 8; 14th typed line down; change Paul Proulx to Paula Proulx; no further discussion, all those in favor, Don MacVane abstains; motion passes.
Paul Esswein – reviews with the Planning Board the Earth Removal Permit Renewal that was received from Barron Brothers as excavators for Dorothy Bean Property located on Meetinghouse Hill Road, Tax Map R21, Lot 15; Paul Esswein further explains that the excavation regulations are not clear and reads the write-up of the site inspection report by the BI/CEO who determined that they are in compliance. Paul Esswein is looking to the board for direction in handling these types of approvals.
Don MacVane replies – as you’ve done the site review and approval has been made that it should just be entered into the minutes; if there is a problem then that should be addressed, the only issue he could foresee would be with the grad or slope that would need to be addressed.
Chairman King comments that in the last 1½ years’ the Town of Farmington had only 1 renewal; Paul Esswein replies 1st one since I’ve been here, Chairman King recommends staff doing a site review.
Jim Horgan questions if any discrepancies have been noted, Paul Esswein – none to his knowledge.
Don MacVane asks about a reclamation plan; Paul Esswein advises that proper reviews need to be completed.
Chairman King asks for any further comments from the board.
Mark Paulin asks who did the review and what are his/her qualifications to conduct the review. Paul Esswein states that there is no one individual on staff that has an environmental background; the BI/CEO only completes a visual inspection/review to determine if there are any problems/issues.
Paul Parker – comments that if there were / are any environmental concerns who would you contact; Paul Esswein – the appropriate DES Division and the Conservation Commission. Paul Parker also questions reports that are kept on the excavation amounts. Paul Esswein – only what the Planning and Code Office keep on file, and that I (Paul Esswein) would recommend approval of the permit, also we are in the process of developing an ACCESS type of data base to enter and track such permits.
Jim Horgan motions to approve, 2nd Don MacVane, discussion; Mark Paulin I’m sure everything is fine I’m just not sure about the CEO review and his knowledge of excavation and reclamation. Paul Parker I’m sure he’s done a good and thorough job. Chairman King – take some of this discussion we’ve had here and put into proper policy. No further discussion, all those in favor, motion passes.
Chairman King has a couple of items under New Business that he would like to address; (1) New business conferences – promoting the boards attendance at such seminars (2) Passes around the letter from Troy Robidas (3) Shares with the other board members the invitation to the estuaries project and comments on it’s 3-hour tour (4) Talks about the S.R.P.C. information memo.
Paul Esswein brings 2 matters to the boards attention; (1)Cell Tower notification abutter letter and (2) Sub-division notification abutter letter, typically we receive these notices when we are within a 20-mile radius of such proposed developments from surrounding towns.
Jim Horgan and Don MacVane both question the validity of notifying the Town of Farmington when these surrounding town proposals come up and feel the board should be notified, as it’s great neighborhood knowledge. Chairman King agrees it’s great to know what is going on.
Paul Esswein hand out a list of important dates of upcoming Town of Farmington meetings and discussion ensues about these dates and when items need to be submitted to meet those dates.
Chairman King asks Paul Esswein if he has had the opportunity to speak with the Town of Farmington Legal to find answers to his questions from last meeting. Paul Esswein – I did speak with the attorney and until the applicant submits application nothing is binding, the Planning Board can entertain any discussion, questions about the Planning Board having any authority to determine density, in the Attorneys’ opinion the Zoning Board Of Adjustment can defer discussion to the Planning Board and must use the Zoning Ordinance to make final decision.
Discussion continues in regards to the EquiVise application and Paul Parker recuses himself from discussion.
Don MacVane questions the density and the Zoning Ordinance and what decisions the board would have to make.
Chairman King and Paul Esswein discuss the upcoming EquiVise, LLC application.
Jim Horgan motions to have EquiVise, LLC come in under a conceptual meeting at the Planning Board Workshop Meeting of 10-18-2005, 2nd Charles Wibel, Don MacVane makes a friendly amendment to make the applicant the 1st on the agenda.
Paul Parker rejoins the board members.
Chairman King makes a commitment to meet in the Planning Department on Tuesday, September 13, 2005 at 4:00p.m., to discuss Cherub Estates.
6:47 p.m.
Application for Lot Line Revision By: Matthew Chagnon (Tax Map R61, Lot 50 and Tax Map R61, Lot 50-1 Roland & Imogene Chagnon): To move 2.65 acres from parcel 50-1 to parcel 50; Properties known as 47 & 47 Silver Street.
Matt Chagnon represents himself for this lot line adjustment application, he will be taking the back of his Dad’s property of 1.23 acre and adding o his own land, he is not trying to sub-divide nor is his father.
Paul Esswein reads from the sub-division regulations; Chairman King refers to section 2.18 waiver is requested for less than 10,000 square feet.
Don MacVane – asks why not merge the properties; Paul Esswein replies not trying to combine lots only trying to adjust the lot lines.
Charles Wibel asks why he wants to do this lot line adjustment.
Matt Chagnon – to just add some additional land to my existing property and to insure that down the road / in the future he has access to his back lot.
Don MacVane – asks how much land will you have?
Matt Chagnon – 12.35 acres
Don MacVane motions to accept the wavier of the 10,000 square foot rule, 2nd Jim Horgan, Chairman King opens to the public for comment either for or against the application, no responses, Don MacVane motions to accept the application for the lot line adjustment, 2nd Jim Horgan; Paul Parker questions if this is in the SR1 Zone as it is not stated on the application, Paul Esswein – yes; Chairman King – motion passes.
Matt Chagnon asks what is his next step? Paul Esswein – provide a Mylar of the revised lot-line to the Planning Department and the Planning Board Chairman will sign, you will then need to bring the signed copy to the Registry of Deeds for recording and return 2 full sized, recorded copies to the Planning Department.
6:56 p.m.
Continuation of Application Review for sub-division By: John Cardinal (Tax Map R18, Lots 10 & 11): Property was known as Hillside Drive, now known as Great Pine Circle; request for waivers are to be presented to the board.
John Cardinal addresses the board with concerns about the previous months inquiries from the board. Chairman King replies.
Bruce Pohopek presenting the 5-lot sub-division for the Cardinals.
Paul Esswein reviews from the last meeting on the discussion of the existing line, and suggests that the plan show the existing boundaries, the Town of Farmington Attorneys’ opinion is that you may include as many parcels as you want as it is at final plan and the lots themselves that would reflect on the final plat.
Bruce Pohopek states that the drainage patterns will be added and the State sub-division approval will also be added.
Don MacVane questions the waivers and would like to see that added.
David Kestner would like to add the additional contours.
Paul Parker – adequate
Chairman King – additional areas delineated – no additional wetlands in that area; Bruce Pohopek – discusses the additional areas and shows Chairman King the overland flow on the plan.
David Kestner comments that lot 10 has a house, lot 10-8 has a house under construction with driveway in, there are piles of debris everywhere, no swale, no fencing, the area is a construction mess.
John Cardinal states that there is only 1 house on the lot and the land is divided right down the middle.
Paul Parker – comments about lots 10-6 and 10-5 noting that lot 10-5 might have an encroachment on the 100 foot setback.
Chairman King and Paul Cardinal discuss the seasonal runoff; Paul Cardinal explains that there is no standing water and it is only wet when it rains or the when snow melts, Paul Esswein – does not apply, however does show up on the map as a stream.
There is discussion between Bruce Pohopek and the members of the board relating to the slope of the land.
Chairman King polls the board members for any further comments, Mark Paulin – none; Charles Wibel – none; Jim Horgan – none; Don MacVane – asks how many lots are you creating? Bruce Pohopek 5-lots; Don MacVane then states that falls under the major sub-division regulations.
Chairman King – no new infrastructure to present.
Paul Esswein – reads from the Limited Development Zoning Ordinance and explains its meaning.
Chairman King asks Paul Esswein if he has been out to the sight? Paul Esswein – Yes and it was dry, not sure if I would classify this drainage as a water problem.
There is discussion amongst the board members and Paul Esswein regarding the ordinance section on development as well as the septic and house site plan.
John Cardinal asks the board why are we talking about the existing house, already been there for 3 years; Chairman Kings explains, entered into discussion, Paul Cardinal replies 2000 – 2001 and year 94 – 95 the 1st part of the development, there are multiple discussions between John Cardinal, Paul Cardinal, and Chairman King regarding infrastructure.
Chairman King reflects originally 2-lot, now a major 5-lot and questions the future plans of the lot(s) which is still quite a bit and what ever is proposed for infrastructure will be required in the future sub-division of the land.
John Cardinal advises that the lots to be sub-divided will be done incrementally 2-3 lots at a time; they are not big time developers.
Chairman King - have a plan that the Planning Board would be happy with and that the Town of Farmington would prefer small developments, and wants the Cardinals to have a concept for future development of the land.
Charles Wibel – although small sub-division now, will eventually be large and should look at the future of the roads.
Don MacVane questions the width of the road, John Cardinal 20 feet wide.
Paul Parker – On R16, Lot 11 there is a small indication of a road; appears larger, John Cardinal advises it is a paved/tarred driveway.
Waiver is presented as part of the application; reference Paragraph #2 under section 7 – boundaries.
Chairman King motions to accept that waiver noting that full delineation of entire parcel must be indicated, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Discussion continues on the application aspect requirements; i.e. uplands, solids, etc as well as lots 10-6 and
10-8 as already being sub-divided.
Chairman King opens the floor to any abutters either for or against this application, no comments.
Don MacVane motions to approve application for sub-division, Chairman King any conditions to be noted, Paul Esswein - might determine a water way and if not take back the 100’ set-back, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
7:47 p.m.
Chairman King motions for a 5-minute recess; 2nd David Kestner, no further discussion, all those in favor, motion passes.
8:00 p.m.
Chairman King calls the meeting back to order and notes that there are still 3 items left on the agenda.
Application for Site Review By: Wayne & Simone LaRoche (Tax Map U02, Lot 026) to add 2 Duplex units for a total of 4 units; each are a 30x60 modular home, Property known as 29 High Street.
Wayne LaRoche presents for himself and outlining his proposal to add 4 more units (2-Duplexes) for a total of 6 units.
Paul Esswein – summarizes in the UR District, allows for 1 unit every 5000 sq. ft. they have ¾ of an acre approximately 35,000 +- sq. ft. and they will be adding 4 residential units to the lot, there will be adequate parking, there are also a number of components requiring waivers for.
Chairman King – this falls under our newly developed Site Plan Requirements, Paul Esswein – yes.
Chairman King also notes that we did not properly notify abutters, the abutter letter refers to a sub-division when it is a site review application, Paul Esswein confirms Chairman Kings finding and states that it was an error in wording and that the description that follows does clearly indicate the intentions of the applicant. It will be the Planning Departments responsibility to re-notify at their own expense and not at the expense of the applicant.
Chairman King comments that he is inclined to decline waiver on 2 points; (1) abutter form (2) visibility from Route 11 and that there are things required under site review that need to be provided.
Jim Horgan is opposed to the waiver requests from the applicant; a couple of issues that need to be addressed are the draining, landscaping and lighting requirements.
David Kestner agrees with the board members.
Chairman King – feels this is an extensive development and also is not inclined to grant the requested waivers and not accepting the application as complete, we must be consistent as we are with all applicants.
Wayne LaRoche asks what drainage would be required.
Simone LaRoche asks if anyone has gone up and looked at the lot.
Paul Esswein – yes I have, the lot is relatively flat; but without calculation I cannot determine what runoff would be.
Chairman King opens the floor to the public for comments either for or against this application, no comments.
Paul Parker motions to deny the request for waivers, 2nd Charles Wibel, no further discussion, all those in favor, motion passes.
Jim Horgan asks for a list of items in the waiver request, Paul Esswein reads through each A through F.
Don MacVane motions to continue site-review to enable the applicant to accomplish fulfillment of the requirements to the next Planning Board Meeting of 11-01-2005 and that re-notice at the Town of Farmington expense to correct the wording from sub-division to site review, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
There is discussion amongst the board members and Paul Parker interjects that there is a letter from Dale Sprague to the applicant to encourage the applicant to comply.
8:30 p.m.
Application for Site Review By: Elm Street Farmington, LLC (David DeJager) (Tax Map U06, Lot 4): For the placement and relocation of a newer mobile home to the rear location which would allow for more green space, Property known as 17 Mechanic Street.
David DeJager presents for himself and opens with a summary from the ZBA meeting in regards to this property on Mechanic Street which is known as Peg’s Keg, for which the terms of his purchase entailed the closing of Peg’s Keg. He advises the board members that he would be creating greenspace by demolishing the existing mobile home and replacing it with a newer mobile home to the back of the lot.
Chairman King asks the applicant what he was granted at the ZBA Meeting; Paul Esswein responds that he was granted a variance to increase the density to 11 units that is contingent upon several conditions that Paul Esswein reads aloud.
Don MacVane asks the applicant if those conditions are on the plan, David DeJager replies that they are and the plan is at Strafford being recorded now.
Chairman King to Paul Esswein are those conditions part of and binding to this application?
Don MacVane feels that all of those contingencies should be delineated on this plan before us tonight.
David Kestner asks what buildings are noted, David DeJager replies 15 and 19.
Chairman King to Paul Esswein regarding the contents of his staff report, and Paul Esswein replies that there are several missing components and lists each of those off. Chairman King further asks if David DeJager has asked for any waivers, Paul Esswein – No.
Charles Wibel interjects that we just turned down the last folks for the same items and questions the speckled area outline on the plan, David DeJager have not decided that as yet, Charles Wibel – should be determined. Charles Wibel asks how many bedrooms in the mobile home, David DeJager – 3.
Chairman King replies that he is not inclined to grant waivers.
David Kestner questions the runoff, storage, drainage and the number of units.
Paul Parker asks about the line shown on the plan, looks like it goes right through, David DeJager – yes and it is an encroachment and I haven’t quite decided how to address that.
Public Comment: Where the trailer comes out are your widening Peg’s Keg and also questions the apartments.
Don MacVane motions to continue this application to the 11-01-2005 Planning Board Meeting, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
8:50 p.m.
Paul Parker addresses Chairman King about the time; motions to continue for ½ hour, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Application for Subdivision By: Jones Brook, LLP (George Szirbik) (Tax Map R1, Lot 2): For the development of 37 single family home lots; Property known as Chestnut Hill Road 262.99acre parcel; abuts Governors Road and Dodge Cross Road.
Brian Berlandt and Nathan Fogg both present on behalf of George Szirbik. Opening comments address the approximate 280 acres, the 2002 Subdivision of Phase I and the final solution of Phase II of 37 lots as well as the 204 acres that will be conservation easement land; there is 1800 ft on Dodge Cross Road and 700 ft on Chestnut Hill Road will a significant amount of very visible green space. Mostly the land is forested; there are 3 major soil types, some wetlands and gentle sloping. These lots are entirely in the SR Zoning District and lots will be a minimum of 1 acre, with 150 feet of street frontage, 25 feet of front setback and 15 feet sides and rear setbacks. Lot 46 of 1.13 acres in the smallest, Lot 35 of 2.07 acres is the largest; there is 1 lot that has the shortest frontage of 151’ and
lot 22 has largest of 435’, each lot less than 5 acres and each will have separate septic and water well. Sheets 1 and 2 are to be recorded; Sheet 3 goes to the Environmental Services for approval and also wetland crossing for approval. Pages 5-8 show the roadway and drainage reports, hands out covenant details that include limiting the use to residential – no goats, hogs, etc will be allowed. We are still awaiting approvals on the wetlands crossing, alteration of terrain and subdivision site approval.
Nate Fogg – there are 2 roads proposed, 3600 feet long on the loop road, does follow the grade. The cul-de-sac is 575’ long with a natural slope of the land follows the grade. There are 250K of disturbance - site-specific review. Discussion of the head walls and culverts on Governors road and they are presently designing a culvert as suggested by the Planner. They do have the approvals number for Phase I, not yet for Phase II, but do not have any reasons to not believe they won’t receive them. Requesting waiver of 4.17 1A – section of road 40 feet wide versus 50 feet.
Paul Esswein reads through his staff reports and advises it meets all the requirements and would recommend approval of waivers. Paul Esswein makes comments to the head wall statement.
Don MacVane questions the 40’ under the standards, Paul Esswein – a new road under the standards are now required 50’.
David Kestner – 40’ R.O.W. impacts utilities.
Brian Berlandt explains his position on the request for waiver.
Charles Wibel – did you try to contact the property owners and ask for addition road.
Chairman King – opens the floor to the public for comment either for or against this application, no comments.
George Szirbik, Jones Brook, LLC owns the property, would not want to give up his right to post the land, wants to keep the snow mobile trail preserved, will occasionally forest the land and keep it as green space.
Jim Horgan – not opposed to the waiver, the association agreement would be required particularly for the road maintenance.
Don MacVane – feels the same way as Jim Horgan, it may be a long time before the Town of Farmington accepts roads.
Paul Parker – poses utility question to David Kestner who advises that guying and stabilizers would end up on private property within the 40’ R. O. W.
Chairman King – applicant has a feeling of somewhat uncomfortable with the waiver, let’s not to beat a dead horse.
Chairman King motions to accept the application as complete, 2nd Paul Parker and note for discussion to allow the applicant to go back and address the utility issue.
Nathan Fogg – will address the utility waiver requirement, possibility of underground.
Chairman King poses question to Paul Esswein – any issues to be addressed, how to place utilities in the
R. O. W., plan indicates ditches and would like to see some other option.
Avon Lord (?) – how is the conservation commission going to be written in? Chairman King – sell off development rights to insure no development will occur. Avon Lord (?) Water run-off of lower end of Governors Road directly into my yard and is quite wet, there is only 1 drain area on Governors Road and I don’t know how that will effect me, I can’t take any more water on my property.
Public Comment – same concerns as above, water flow run-off; retention ponds and swales I have no objection too.
Public Comment – asks about select timber cutting
Chairman King – refers to the forestry plan for timber cutting.
Jim Horgan motions to continue this application to the Planning Board Meeting of 11-01-2005, 2nd Charles Wibel, Brian Berlandt asks about the Phasing Ordinance, Paul Esswein is to advise the board members, Brian Berlandt has one other point, they will be constructing a stoned line area to allow trucks onto the land, no further discussion, all those in favor, motion passes.
9:35 p.m.
Don MacVane motions to adjourn, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
APPROVED AS WRITTEN 10-04-2005
________________________________________ _________________
Charlie King, Chairman Date
Farmington Planning Board
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