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Planning Board Workshop Meeting Minutes 12-20-2005
PLANNING BOARD WORKSHOP MEETING MINUTES
TUESDAY – DECEMBER 20, 2005
356 Main Street – Farmington, NH

Members Present:        Charlie King, Don MacVane, Hiram Watson, Charles Wibel, Jim Horgan, David Kestner, Jason Lauze,

Absent:         Mark Paulin - without notification

Selectmen’s Rep:        Paul Parker

Staff Present:                  Paul Esswein, Doreen T. Hayden

Public Present: Betty Vachon, Tony Alcorn, Bruce Cartwright

Chairman King opens the meeting at 6:12 p.m. and notes that there will be no broadcast for this evening,
FCTV/Metrocast is having technical difficulties, however the meeting will be recorded.

Discussion / Action: Waldron Woods Conservation Easement:

Chairman King turns the floor over to Paul Esswein for introduction regarding the Waldron Woods Conservation Easement and answers to the questions regarding the 11-lot subdivision approval, which includes the conservation area including all of the Waldron Pond area.  Discussion on the calculations of the non-buildable 41%.  The question is does it meet the spirit and intent of the Planning Board approvals.  Don MacVane comments that if you calculate out the pond you are left with 35%, Chairman King comments about the 8-9 contingencies that were noted as well as the conservation easement approval.  Paul Esswein states that the applicant has supplied sufficient dollars to cover the infrastructure for the roadway between lots 7 & 8 that is based on a contractor’s evaluation. Paul Parker asks what is it calculated on?  Bruce Cartwright comments that they met the original non-buildable that included the whole pond.  Chairman King asks if this has been properly noticed, Don MacVane states this meeting is for clarification issues only, Paul Esswein states this is a discussion on the subject for clarification.

The members of the board have a lengthy discussion on the 35% requirement set-aside.

Tony Alcorn gives his opinion on the percentage of the requirement of the buildable land.

Paul Esswein reviews the Notice of Decision and the 6-8 contingencies listed including the additional requirements prior to approval of the plat and prior to the issuance of building permits and certificates of occupancy.

Chairman King asks Jim Horgan when is the next Conservation Commission Meeting, Jim Horgan 1st Monday of each month, next meeting January 2, 2006 and hopes that they will have a quorum and that the Chairman will be in attendance, which would allow the signing of the easement.  Paul Esswein will check with Town Counsel to see if the Selectmen will accept the easement without the Conservation Commissions approval.

Discussion of implementing a fence ordinance:

Paul Esswein advises there are several issues to address in adding language to the Zoning Ordinance. Jim Horgan asks why do we want to deal with it.  Paul Esswein has checked with the Town Counsel and they have said that adding language into the Zoning Ordinance is appropriate.

The members of the board have a lengthy and comical discussion regarding the height, styles, materials, positioning and a multitude of other issues regarding the implementation of a fence ordinance.

Jim Horgan motions to table this request by the Selectmen due to the complexity and time restraints for implementing into March 2006 Town Meeting, 2nd Don MacVane, no further discussion, all those in favor, motion passes.

Paul Esswein asks Chairman King for a moment to make a comment; he advises the board that one item (Road and Driveway Regulations and Design and Construction Standards) was left off tonight’s agenda however it was properly noticed in the paper.  Chairman King reviews the suggested changes with the board members and Paul Esswein. Chairman King suggests transferring over some of the information from exhibit 3 to exhibit 6.

Jim Horgan motions to approve as amended (removing “elementary” and “exhibit 6”); 2nd Charles Wibel, discussion on the title of the document, Chairman King comments to accept as a regulatory document, Paul Esswein comments to be included in the Subdivision and Site Plan Regulations as well as the Zoning Ordinance.

Chairman King opens the floor to the public for comment either for or against, no comments heard, floor closed.

Chairman King offers a friendly amendment; Jim Horgan accepts friendly amendment, 2nd Charles Wibel, no further discussion, all those in favor, motion passes.

Chairman King motions to have this document “Road and Driveway Regulations and Design and Construction Standards” re-posted for the January 3, 2006 meeting, as well as posting in 2 public places, requests an effort be made to try and get the Public Hearing Notice published in fosters classified noting this January 3, 2006 meeting, 2nd Don MacVane, no further discussion, all those in favor, motion passes.

Discussion of the requirement of developers to erect signage advising of private road development:

Chairman King motions to hear the above agenda item next; 2nd Don MacVane, no further discussion, all those in favor, motion passes.  

Jim Horgan asks what doe we have to do to make it legal? Paul Esswein – add this to the Subdivision Regulation.  

Discussion on the verbiage to be used on signage.

Paul Esswein suggests that the board members allow him to develop the language for the Private Road sign, Jim Horgan makes a motions to this request, 2nd Don MacVane, no further discussion, all those in favor, motion passes.

Discussion of citizens petition for lot size increase from ¼ acre to ½ acre:

Chairman King asks Paul Esswein if the Town Clerk was notified of the petition by the citizens to increase the lot size and to decrease density.

Betty Vachon – I initiated the petition to change from ¼ acre to ½ acre.

Chairman King asks Paul Esswein what was the cut off date for submission, Paul Esswein – 12/14/2005, and it will be on warrant and that the board could if it so chooses could write their own warrant for this change.

Chairman King reads the petition to the members of the board.

Discussion on the ¼ acre and density issues within the Village Center District.  Chairman King comments that as this petition is drafted it might not have full impact.

Chairman King comments that he is not at a point to make a motion.  Jim Horgan motions to forward on as not recommended, 2nd Charles Wibel, Chairman King – does not feel it was requested by timeline to meet required date.  

Paul Esswein you could set a Public Hearing date for each petition amendment notice; Jim Horgan withdraws his motion as does Charles Wibel for 2nd; Chairman King motions to recommend petition amendment to 02/07/2006 regularly scheduled public hearing, 2nd Charles Wibel, no further discussion, all those in favor,
1 opposed = Don MacVane, motion passes.

7:56 p.m.

Jim Horgan motions for a 5-minute recess, David Kestner 2nd, all those in favor, 1 opposed = Don MacVane, motion passes.

8:05 p.m.

Chairman King reconvenes the meeting.

Chairman King asks what shall we hear next, Jim Horgan motions to leave it to the Chairman to choose the next agenda item, 2nd Don MacVane, no further discussion, all those in favor, motion passes.

Discussion of Rear Lots:

Chairman King submitted to each of the members his draft version of Rear Lots.  Charles Wibel comments that from a Real Estate point of view, I see shared driveways as negative, would like to see wording change to allow for more flexibility.

Paul Esswein reads from the Zoning Ordinance the definition of driveways in relation to Class I and II roads.  The board has discussion on the requirements.

Paul Parker comments that he likes what Chairman King has proposed in his draft; makes a referral to Purpose & Requirement section that could conflict and create hardship, Chairman King debates his definition and comments that they could go to ZBA for relief.  

Discussion continues on the definitions and content of the proposed rear lot subdivision language.  

Chairman King requested Paul Esswein go through the dates of the timeline required to meet town meeting date.

Don MacVane – Likes the design of Paul Esswein format, Charles Wibel suggests merging “purpose” from both the Chairman and Paul Esswein’s drafts.  Paul Parker discusses the table at the bottom of Paul Esswein versus Chairman King draft, multiple discussions continue on the contents, concentrating somewhat on the table area contents.

Chairman King – make discussed changes.

Discussion of administrative changes to the Zoning Ordinance:

Chairman King asks the members for discussion on the above and regarding the proposed changes from last year; Comment about page 19 – Mobile Home Parks, “No expansion of Mobile Home Parks”; Hiram Watson, Don MacVane and Charles Wibel discuss the expansion of the existing Mobile Home Parks, consensus was no; the board members and Paul Esswein have a major discussion on this subject.

9:00 p.m.

Jim Horgan motions to continue the meeting for an additional ½ hour, 2nd Charles Wibel, no further discussion, all those in favor, motion passes.

Chairman King motions to remove “expansion of Mobile Home Parks” under the Table of Permitted Uses (page 19), 2nd Charles Wibel, additional comment made “and the one before it”; discussion; Paul Parker wants to see “uses not specified” eliminated under the areas that are not applicable to each district; Charles Wibel and Jim Horgan want to leave in the Special Exception Use in the Table of Permitted Uses.

Chairman King broaches the “increase density 5000 – 7500” subject again, Don MacVane is opposed; Discussion about the Village Center and the Downtown Area uses.

Jim Horgan motions to continue this discussion to the 01-10-2006 “additional” schedule Planning Board Meeting, 2nd Paul Parker, no further discussion, all those in favor, motion passes.






9:40 p.m.

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


APPROVED AS WRITTEN 01-03-2006

___________________________________                             _______________________
Charlie King, Chairman                                                          Date
Farmington Planning Board