PLANNING BOARD MEETING MINUTES
TUESDAY – MARCH 7, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Hiram Watson, Jim Horgan, David Kestner, Charles Wibel, Jason Lauze - Alternate
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Joan Doke, Terrie Nickerson, George R. Meyer, William Hussey, Lorraine Meyer, Helen Constantine, Brian Salas – Public Service of New Hampshire, Betty Mros, Betty Vachon, Bill Vachon, Gary White, Joyce White, Gregg Balser, Chet Bryant, Bruce Woodruff, Jim Spaulding, M.J. Lantier, Malcolm McNeil, Attorney for Farmington Ridge LP, Mark Phillips – Farmington Ridge LP, Arthur Nailor, Paul Zuzgo – Eckman Engineering, Tami Mousseau, Bill Butterfield, David W. Hill, Richard Lundborn – Norway Plains Associates, (1 attendee signature is not legible)
(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 called the meeting to order at 6:05 p.m.
Review and approve meeting minutes of 02-07-2006; Jim Horgan motions to approve as written, 2nd Don MacVane, discussion; Charles Wibel – Page 7 of 8; last paragraph add - it was explained that the lot line was 250’, Paul Parker – Page 3 of 8; 2nd paragraph from the bottom – add - all those in favor, motion passes to “not recommend”, no further discussion, all those in favor, motion passes.
Review and approve meeting minutes of 02-21-2006; Jim Horgan motions to approve as written, 2nd Charles Wibel, no further discussion, all those in favor, Hiram Watson abstains, motion passes.
Discussion of procedural changes RE: Acceptance of Applications:
Chairman King explains that the 1st and 2nd applications on tonight’s agenda will be heard for their completeness, if these applications are complete after the boards initial review then they will be continued to the next Planning Board Meeting of 04-04-2006 as the 4th item under Public Hearings Site Plan Review By: Farmington Ridge Limited Partnership is going to be taking up most of this evenings allotted time. Chairman King turns the floor over to Paul Esswein to elaborate on the legality of this process. Paul Esswein advises that technically under the law the board has to accept an application within 30 days of receipt or by the 1st meeting after receipt of the application, once an application is received it triggers a 60-day period. Farmington Ridge Limited
Partnership will be taking up most of this evening’s time and we do not want the new applicants to be waiting around until the review of this application is done as it could mean that these new applications will not be heard due to time constraints.
Jim Horgan motions to move on the suggested agenda as proposed; 2nd Don MacVane, discussion; Paul Esswein advises that in Chapter 4 of the procedures in the new Planning Board Handbook that was passed out recommends this procedure; he furthers explains the details of this recommendation; Charles Wibel asks how much authority can we (the members of the board) give Paul Esswein to ward off applications in saving time for both the members of the board and the public that attend; Paul Esswein replies that you (the members of the board) can designate members of the board or another individual to sit down and review applications are they are received. Don MacVane questions the ability of the TRC Meeting / Committee; Paul Esswein replies that the TRC can review within a 1-2 weeks period but not thoroughly enough
to allow time to send out application packages to the members of the board; Hiram Watson asks if it is mandatory for all applications and how will this new procedural requirement effect Hillbilly Builders; Paul Esswein states that at 6:30 we will begin the public hearing portion of the meeting and review the applications for completeness; Paul Parker questions imposing this change in the agenda tonight where we have a room full of people that have come to hear those applications; Jim Horgan asks if we adopt this new procedure, where do we make the change; Chairman King advises within the Rules of Procedure for the Planning Board; no further discussion; Chairman King calls for vote on the motion; all those in favor, Paul Parker opposed, motion passes.
Any other business to come before the board:
Chairman King reminds the members of the board of the upcoming OEP Meeting being held on April 1, 2006 and reminds the members of the board that their applications need to be into the Planning Department by the 24th of March.
Chairman King motions to adjourn until 6:30 p.m., 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
6:34 p.m.
Chairman King calls the meeting back to order;
Application for a 7-lot Subdivision By: Bill Butterfield of Hillbilly Builders; (Tax map R34, Lot 9): Property known as Dream Hill Terrace; owned by Frederick F. and Jane Lantier; located in the (SR) Suburban Residential Zoning District.
Chairman King reminds the board and members of the audience of the motion that was previously carried to review the application for its’ completeness and continue application review at the next regularly scheduled meeting as tonight there is not sufficient time to hear all applications.
Paul Zuzgo of Eckman Engineering is here tonight on behalf of the applicants; he advises Paul Esswein that the builder is delayed and won’t be able to get here due to the fatal accident at exit 9 on the Spaulding Turnpike, the builder is also carrying all the plans and paperwork.
Chairman King asks Paul Esswein for his input on this application; Paul Esswein states that he has reviewed the application package and it conforms to the preliminary application of a 9-lot subdivision and that portions of the property will be served by Town Water and feels that the application I consider to be complete.
Hiram Watson sees that there are changes in Lots’ 7-Lots vs 9-Lots on different pages and wants to insure corrections are made; he further asks if the 1-acre parcels can be reduced by 25% because of the availability of water. Questions the 2 separate wells and the 7-lots to be served by town water.
Charles Wibel directs a question to Paul Zuzgo regarding page #2 of the lot layout showing no frontage and no indication of water or hydrants, he elaborates further on the potential for development of 155 lots that are past this proposed subdivision and states that those will be dumping out onto Dick Dame Lane and that the builder should consider this situation as he develops this 9-lot subdivision including the upgrading of Dick Dame Lane being brought up to standards.
Don MacVane confirms that Dream Hill Terrace is a private road and would like that noted on the plan(s) as well as any restrictions that can be foreseen. Paul Zuzgo states that this builder builds very nice homes and that there will not be any mobile homes on those lots.
Chairman King advises Paul Zuzgo that the Planning Board has adopted new Road and Driveway Standard Regulations that this application would be required to apply to.
David Kestner questions the 50’ R.O.W. (right-of-way) crossing over property owned by Joel Plante and that the original subdivision had this on the outside of the property. Paul Zuzgo advises the applicant is going to do a lot line adjustment that will square off his lot in the back portion and understands that this will need to be added to the plan.
Paul Parker asks Paul Esswein if he has the comments available from the TRC Meeting, and asks if the TRC was aware of the R. O. W. being on someone else’s property, asks if the design of the roadway was discussed, Paul Esswein replies that those issue were discussed by TRC, but does not have a written statement from that meeting.
Chairman King states he is more comfortable with the water line extension, wants a statement from Dale Sprague that there will be no problems caused, as Mr. Wibel had indicated previously his concerns on this issue.
Chairman King further asks for an easement from Paul Zuzgo on the R. O. W., Don MacVane wants the intent detailed in the easement.
Don MacVane requests that a notice to the people that will be buying homes on Dream Hill Terrace be included in the Home Owners of this being a private road.
David Kestner wants the builder to insure that the Deed clearly indicates that Dream Hill Terrace is a private road within a Home Owners Association and that additional fees could be incurred further down the road.
Hiram Watson questions the Plante property and lot line adjustment should be done prior to application for subdivision.
Charles Wibel poses some questions regarding lot 9 and the boundary lines.
Hiram Watson asks if lot 9 will have the turnaround in that area.
Paul Parker questions lot 8 and the existing well; Paul Zuzgo explains that was a trailer and that the well will be removed.
Don MacVane motions to accept application as substantially complete and move to continue this application until the next Planning Board Meeting of 04-04-2006, 2nd Jim Horgan; discussion; Paul Parker voices his concern of accepting the application as substantially complete when in fact there a quite a few items missing and that moving forward to next application when there are still unanswered questions, not to mention that the people from the Town of Farmington have come out to hear this application, does not agree that this should be done; Chairman King advises that most of the requirements have been met with minor omissions; no further comments, all those in favor, Paul Parker and Charles Wibel opposed, motion passes.
Application for Subdivision By: Equivise, LLC (Tax Map R14, Lot 22); Property owned by George & Lorraine Meyer; to create 2 commercial parcels of which (1) will be 11.88-acre and the other will be 5.5-acre both located in the (IB) Industrial Business Zoning District as well as a 114-acre residential parcel located in the (AR) Agricultural Zoning District for the development of a proposed active adult community of 140 single family residential 2-bedroom homes; Property known as N. H. Route 11.
Paul Parker recuses himself from this application; and comments that other board members should think about also recusing themselves; Chairman King seats Jason Lauze – Alternate for Paul Parker.
Attorney Greg Michaels begins the presentation by offering a summary of past visits to this board and that tonight they are looking for acceptance of this application that will have no more than 140 single family homes.
Chairman King turns to Paul Esswein who has handed out some notes; advises that this is being considered under the Town of Farmington subdivision regulations section 4.06; and that basically the board should accept this application. Discussion about the delineation of waivers to a later dates; the applicant is requesting formally the required waivers of boundary and wetlands.
Attorney Greg Michaels summarizes that after discussion with the Planner they agreed this should be a 3-phased project review of the entire project of 3-lots; 2 lots being commercial and 1 lot being residential; look at the phasing as; 1st – initial subdivision, 2nd – preliminary review, 3rd – final plat review.
Chairman King poses a question to Attorney Greg Michaels “your desire to 1st look at the 3-lot subdivision” Attorney Michaels replies that the waivers they are requesting are temporary not permanent, this is to allow time for the weather to get better to afford the completion of the delineation on the land, once this can take place waivers will be completed.
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Hiram Watson asks if they have the waivers with them; Chairman King replies they are part of the application.
Charles Wibel makes a comment that at 1st he was totally confused; I know that you want 2 commercial and 1 residential lots however we cannot make a lot without knowing if the lot is buildable.
Paul Esswein reads a definition of preliminary from the subdivision regulations.
Chairman King comments that we could accept the applications as substantially incomplete to the size.
Paul Esswein states that you can request information at different steps, as this is difficult to request information all at once on this project.
Don MacVane asks the applicant when they think they can have these items completed.
Paul Esswein thinks that you can accept and asks the applicant when the other pieces can be done.
Discussion – on the acceptance of the application as complete, substantially complete, or not complete.
Don MacVane would like an outline of the waivers.
David Kestner would like the commercial area defined.
Chairman King advises that the Planning Board has adopted new Road and Driveway Standards that the applicant would need to adhere to and he particularly addresses the grades at certain intersections on the plan.
Paul Esswein states this is a real conceptual layout and until the wetlands and other items are delineated the actual layout of the roadway will need to wait, Attorney Michaels confirms that these are temporary roadway layouts. Paul Esswein reads the waivers; temporary boundary established, requirement of waivers of topographies and wetlands.
Jim Horgan asks if we can accept as substantially complete, with waivers being temporary and we could agree to a mutually convenient date for the continuation of this application that we can then accept as complete and deliberate on the waivers.
Don MacVane refers to the letter of 2/3/2006 - item # 2 request for waiver – temporary waiver.
Don MacVane motions to approve temporary waiver for the topographical and boundary survey, 2nd Charles Wibel, discussion; Deb Brown makes a comment to submit this during the initial review and that those be preliminary, Chairman King makes friendly amendment to allow 2-months for submittal at the 05-02-2006 Planning Board Meeting; Don MacVane further motions to grant the temporary waiver(s) until final survey complete on drainage and storm water management to allow a more accurate model, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
Don MacVane motions to accept the application presented, but not as substantially complete and to continue with the application process to the next Planning Board Meeting of 04-04-2006, 2nd Jason Lauze, discussion; Charles Wibel makes a friendly amendment to define a 3-lot subdivision by creating 2-commercial lots of which (1) will be 11.88-acres and the other 5.5-acre; and the residential lot to be 114-acre, Jason Lauze accepts the friendly amendment.
Attorney Greg Michaels interjects that he feels this is a confusing motion, accepting the application but then not as complete, Attorney Michaels refers to statutory regulations that the board is required to follow when accepting applications.
Paul Esswein suggests to the board that they accept the application as presented with waiver(s) as approved by the board; Chairman King asks Jason Lauze if he would accept this friendly amendment; Jason Lauze does accept the friendly amendment, no further discussion, all those in favor, motion passes.
David Kestner motions for a 5-minute recess; 2nd Jason Lauze, no further discussion, all those in favor, motion passes.
Chairman King notes for the record that Jason Lauze has left 7:50 p.m., and his is re-seating Paul Parker for the balance of the evening.
Public Hearing RE: Application of Public Service of New Hampshire (PSNH) to conduct line maintenance including tree trimming and removal within the PSNH easement on River Road, a designated scenic road in the Town of Farmington. This notice provided pursuant to the requirements of RSA 231:158.
Chairman King turns the floor over to Paul Esswein to give a brief review of this request.
Brian Salas PSNH representative is presenting in place of Dave Crane the individual who originally submitted requisition. Brian Salas advises the members of the board that they (PSNH) have contacted all but 2 of the homeowners and they have all agreed to this, he adds that River Road is a scenic road and they will be removing 3-trees and trimming of all limbs.
Chairman King asks Paul Esswein if there is anything written on this matter that the board will require to follow on; Paul Esswein replies that he has been unable to locate any criteria to allow / disallow this.
Don MacVane motions to approve this request and to allow PSNH to cut and trim as so indicated, 2nd Jim Horgan, discussion; David Kestner questions the 2 landowners that PSNH have been unable to contact; Brian Salas advises they (PSNH) are still attempting to contact those 2 landowners and if they are unsuccessful then they will not touch any trees or limbs. Charles Wibel asks about stump removal; Brian Salas replies no stump removal, do not have that type of equipment, cut down and chip as much as they can. Paul Esswein interjects that legally they are required by law to have this removed; however the Town of Farmington could consider criteria but we have no criteria to work from.
Chairman King opens the floor to the public for comment either for or against this application.
Jim Spaulding asks about wood removal and they removed limbs from where he lives and he was never notified; Brian Salas advises that the state does give the homeowner a form to fill out and there is a section for them to check off if they do or do not want removal of the stumps.
Continuation of application for Site Plan Review By: Farmington Ridge Limited Partnership; (Tax map R47, Lot 5): Site Plan Review of 70-unit manufactured home development on approximately 130-acres. Access to the proposed development is via Dick Dame Lane.
Attorney Malcolm McNeil opens discussion by introducing Don Rhodes, Traffic Engineer-Norway Plains Associates; Rick Lundborn-PE-Norway Plains Associates and Mark Phillips-General Partner, Farmington Ridge Mobile Home Park. Attorney McNeil feels there are 2 issues for discussion; (1) Traffic issues and (2) general matters. Attorney McNeil discusses safe and sensible access into and out of the park; comments they are working on a reciprocal easement to provide Sky View Drive as a use.
Chairman King directs to Paul Esswein for information; he replies they only thing I can tell you is that we asked Lou Caron of L. C. Engineering to review and submit his findings on the traffic study as provided by Norway Plains.
Lou Caron revisits a letter dated 01-27-2006 from Paul Esswein with an outline of questions from the Planning Board Members. Lou Caron states that he concurs with the methodology, feels Don Rhodes was a bit conservative however Don Rhodes did a real good job. Lou Caron continues his discussion on his findings on the traffic count, Dick Dame Lane findings and the road-way rehabilitation that should be completed, talks about the diversion of traffic to Sky View Drive and that roadway not designed to accommodate that amount of traffic; Lou Caron offered not using Sky View Drive to Sycamore Blvd to keep it a gated one-way; consider opening Winter Street to Mooney Street to Farmington Ridge.
Charles Wibel makes a comment to the other application / project on Dream Hill Terrace that could have the potential of adding 160 lots that would dump out onto Dick Dame Lane. Elm Street and Main Street will see a lot of congestion whereas Dick Dame Lane onto Elm Street will see significant traffic congestion.
Don MacVane asks if L. C. Engineering is promoting an emergency gate on Sky View Drive and do you see the same scenario of gates in other areas; Lou Caron replies that in some areas yes.
Don MacVane asks Lou Caron - width of widening Dick Dame Lane – Lou Caron – 20’ for an 800’ to 900’ section of the road.
David Kestner asks what structural deficiencies were seen and is there water across; Lou Caron – yes we looked at all of that.
Paul Parker asks if the report looked at traffic conditions; Lou Caron we did look at Dick Dame Lane for structural integrity. Paul Parker further questions on Elm Street and Main Street with the congestion of residents coming out what would you (L. C. Engineering) recommend; Lou Caron directs the board to item #4 of his report which answers that question.
Chairman King opens the floor to the public for comment either for or against this application.
James Spaulding – I will try to be polite, I am pretty upset, I’m calling for a cease and desist order; I’ll go to court and have this stopped if I have too, You must not let this application go through.
Chairman King poses one question to Paul Esswein asking if the Town of Farmington accepted the road; Paul Esswein replies that he is not able to answer that question right now, although the Selectmen do accept roads on their own accord. That’s an empowerment by the Town of Farmington at the Town Meeting.
Bill Vachon asks Lou Caron how he measured the road Winter Street for a one-way; Lou Caron advises that one-way streets only need to be 12’; Bill Vachon further states that the kids from the trailer park come down through the park and walk Winter Street, there are no sidewalks on Winter Street so they must walk in the road.
Gary White only wants to preface that RSA Development bought all the land that abuts Dick Dame Lane, and asks how much profit are they going to make, and can’t they by access, that’s all I have to say.
Chet Bryant, I have lived on Dick Dame Lane for 12 years, wouldn’t Sky View Drive have option of gate, there is the emergency gate on Winter Street; Ivy Lane, Sycamore, Hersom, Dream Hill Terrace, all those road dump out onto Dick Dame Lane.
Greg Balser voices his concern over the widening of Dick Dame Lane no matter what surface is used, the children have to walk to Elm Street corner for the bus stop, he comments that if you’re widening 22 ft plus sidewalk installation your now 24 ft wide leaving absolutely no room on the street as some house sit right on the road.
Gary White comments that one of the conditions of approval for Sky View Drive Subdivision was to install sidewalks.
Chairman King motions to continue to 9:30 p.m., 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
Chairman King asks Paul Esswein what the status is of the sidewalk on Sky View Drive; Paul Esswein explains that the Town of Farmington has applied for a State grant to redesign Lone Star on the right side of the road to allow the installation of a sidewalk.
Attorney Malcolm McNeil addresses the board asking where they go from here and agrees with Lou Caron comments and does understand all the concerns of the residents.
Chairman King and Attorney McNeil entertain discussion on the upgrading of Dick Dame Lane and Chairman King wants the applicant to understand and to insure they are in agreement to the upgrading that is required. If they want the Elm Street / Main Street reconfigured that is another discussion.
Hiram Watson asks about the gate on Winter Street and just how close are the houses on the road, also the closing of the gate rule and how wide is the road.
Don MacVane asks Lou Caron questions on the engineering details on Dick Dame Lane. Attorney McNeil reads a statement from the 02-27-2006 letter and comments that the study done by Lou Caron is similarly close to Don Rhodes statement.
Chairman Kings thinks it is prudent for legal review of the R. O. W. and what in an envelope can we operate at Dick Dame Lane, when was it accepted, where is the beginning and where is the end.
Charles Wibel motions to have the Town of Farmington Attorney determine the legality of Dick Dame Lane and Winter Street and who owns it and the R. O. W., who has legal right to do whatever on Winter Street, 2nd Chairman King, discussion; Paul Esswein interjects that to do everything you proposed it would require a legal survey and that costs money; although it is appropriate to have legal status of Dick Dame Lane, which will cost money. Paul Esswein asks Lou Caron to determine slope and drainage easements on Dick Dame Lane, no further discussion, all those in favor, motion passes.
Paul Parker states that a big portion of this plan has not even been looked at, “the plan itself” and feels that this is questionable and needs review.
Chairman King motions to continue to 10:00 p.m, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Attorney McNeil states that he’s been authorized by Mark Phillips to offer to have a survey of the bottom of the road.
Chairman King motions to have the survey and physical condition be determined on the lower portion of Dick Dame Lane, 2nd Don MacVane, discussion; Lou Caron states that ground water and road material review would be required to make such a determination, friendly amendment - David Kestner would recommend those be made and the costs to be addressed, Lou Caron states that is the intent; Chairman King accepts this friendly amendment; no further discussion, all those in favor, motion passes.
James Spaulding speaks out – it is the aspect of the ratio for safety, can’t we open Winter Street; you have to do something about this, people go 50, 60, 70, 80 MPH, someone is going to get killed.
Attorney McNeil would like this continued to narrow the issues down to the big issue and confer with Mr. Caron on his findings in comparison to our comments.
Don MacVane motions to hear this review by continuing to the next Planning Board Meeting of 04-04-2006 in the new order of acceptance of application as suggested by Chairman King, 2nd Charles Wibel; discussion Chairman King adds motion to continue this application to the 04-04-2006 Planning Board Meeting, 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Paul Parker adds comment that he is impressed with L. C. Engineering, particularly the 2nd section of the report and that we should consider the same when we have large subdivisions for review.
Chairman King asks Lou Caron the costs that were associated with his work; Lou Caron replies approximately $7400.00.
10:07 p.m.
Jim Horgan motions to adjourn, 2nd Hiram Watson, no further discussion, all those in favor, motion passes.
APPROVED AS AMENDED 04-04-2006 - CHANGES NOTED BELOW AND ALL CHANGES WITHIN MINUTES ARE NOTED IN BOLD.
Page 9 of 9 – 1st paragraph, 2nd line; remove the word viable and replace with questionable.
A number of places within the Farmington Ridge portion of the minutes refer to Attorney Michael – the name should be Attorney McNeil.
Page 3 of 10 – 2nd paragraph – 3rd line; change Dream Hill Terrace to Dick Dame Lane.
Page 3 of 10 – 3rd paragraph – 2nd line add and s to the word home.
Page 3 of 10 – 8th paragraph – 2nds line add the word Association after Home Owners.
Page 8 of 10 – 9th paragraph – add s to the word house and add closing of the gate rule and how wide is the road.
________________________________________ ________________________
Charlie King, Chairman Date
Farmington Planning Board
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