PLANNING BOARD MEETING MINUTES
TUESDAY – APRIL 4, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Hiram Watson, Jim Horgan, David Kestner, Charles Wibel,
Absent: Jason Lauze, Alternate – with notification
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Betty Mros, Jean Pease, Helen Constantine, George Meyer, Lorraine Meyer, Joan Dock, Betty Vachon, Bill Vachon, James Spaulding, John Huckins, Myron Stern, Dianne M. Leary, Paul Zuzgo – Eckman Engineering, Greg Gaudreau, Richard Lundborn – Norway Plains Associates, M. Jane Lantier, Frederick F. Lantier, Chet Bryant, Jon Berry – Berry Surveying & Engineering, Bill Butterfield – Hillbilly Builders, David Wihel, Malcolm McNeill – Attorney, Louis Caron – L. C. Engineering, Bill Keating – T.F.Moran, Deb Brewster – T. F. Moran, Steve Mayo – EquiVise
(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.)
6:03 p.m.
Chairman King called the meeting to order.
Review and approve meeting minutes of 03-07-2006; Jim Horgan motions to approve, 2nd Charles Wibel, discussion; Paul Parker – Page 9 of 9 – 1st paragraph change the word viable to questionable.
Paul Esswein – A number of places refer to Attorney Michael (Farmington Ridge section of minutes only) should be Attorney McNeil.
Charles Wibel – Page 3 of 9 – 2nd paragraph - 3rd line - Dream Hill Terrace should be Dick Dame Lane.
Jim Horgan – Page 3 of 9 – 3rd paragraph – 2nd line – add an s to the word home. 5th paragraph from the bottom – 2nd line add the word Association after Home Owners.
Hiram Watson – Page 8 of 9 – 4th paragraph from the bottom – add an s to the word house and add closing of the gate rule and how wide is the road.
Chairman King calls for any further amendments, no further changes, all those in favor of accepting the minutes as amended, motion passes.
Review and approve meeting minutes of 03-21-2006; Jim Horgan motions to approve, 2nd Hiram Watson, Paul Parker abstains, no further discussion, all those in favor, motion passes.
Chairman King announces that Charles Wibel would like a few moments to summarize his seminar attendance. Charles Wibel explains that he attended an OSP (Office of State Planning) seminar on Saturday April 1st in Manchester; he briefly reviewed and commented on the contents of the 3 sessions he attended. Chairman King questions the Cluster Sub-Division segment of his session for which Charles Wibel addressed. Chairman King thanked Charles Wibel for his personal time in attending this seminar.
Chairman King calls for any other business to come before the board.
Paul Esswein reads a letter from John Huckins who is looking for the board recommendation on the upgrading of Haywagon Road; his intentions are to build a home. Chairman King asks John Huckins to step forward and present to the board his concerns / questions. John Huckins gives out handouts to each of the board members. Discussion on the Limits of Liability requirement. Paul Parker comments there are 6 or 7 other parcels on Haywagon road and suggests that those citizens should be included / contacted to allow them the opportunity to voice their concerns.
Chairman King asks Paul Esswein how far in advance a posting must be done; Paul Esswein – 14 days prior to a hearing.
David Kestner discusses the utility placement and also making the abutters aware of his intentions / plans.
Chairman King states that based upon the time tonight, the board might want to make notice to other land owners on Haywagon Road. Jim Horgan does not feel that is a problem and makes a motion to continue this discussion to the next Planning Board Meeting of 05-02-2006 and to also post notice and notify abutters on Haywagon Road to ensure they are aware of John Huckins plan, 2nd Don MacVane, discussion; John Huckins and board members entertain further discussion on this subject, Hiram Watson recommends that everyone on the board take a ride out and look at the site, no further discussion, all those in favor, motion passes. Comment made that the Town of Farmington is responsible for notices.
6:40 p.m.
Consideration for Jurisdictional Acceptance: Application for a Lot Line Adjustment and a 2-lot subdivision By; Dianne M. Leary (Tax Map R52, Lot #14 and R53, Lot #1): Property known as 454 Hornetown Road; Located in the (AR) Agricultural Residential Zoning District.
Jon Berry – Berry Surveying and Engineering presents; advises this is a combination Lot Line Adjustment and Sub-Division; Jon Berry reviews the color-coded plan on the easel that defines the Lot Line and Sub-Division proposal.
Paul Esswein reviews; received on 03-02-2006 and have reviewed against the checklist; fees have been paid and I believe it’s within your authority to proceed.
Don MacVane motions to accept the application as complete, 2nd Jim Horgan; discussion; Chairman King questions the denotation of contiguous uplands that are showing 40K requirement; parent parcel needs to show topo’s and the wetlands also need to be shown; Paul Esswein comments – up to interpretation; Chairman King states the applicant needs to request waiver. Charles Wibel states the plan should show the R. O. W. (right-of-way) into the cemetery, a state requirement on historic preservation. David Kestner wants to see list of surrounding property owners on the plan. Jon Berry advises that Dianne Leary owns both lots. Chairman King would like this application continued to the 1st meeting in May (05-02-2006); Jim Horgan questions why we can’t continue this tonight; Chairman
King states that there are 2 substantial applications waiting to be heard this evening and time will not permit; Jon Berry asks if the board is waiving the topo’s; Chairman King would accept a letter as reasonable; Don MacVane would like the house placement shown and note any wetlands; no further discussion, all those in favor, motion passes.
6:51 p.m.
Consideration for Jurisdictional Acceptance: Application for a Lot Line Adjustment By; Richard & Beatrice Lawrence (Tax Map U2, Lot #59 & 65); Property known as 151 Central Street; Located in the (UR) Urban Residential Zoning District.
Jon Berry – Berry Surveying & Engineering presents on behalf of the applicant; there are 2 existing lots of record; lot 59 is served by Town water and sewer, Lot #65 has no frontage has mobile home and state approved septic; is served by Town water.
Paul Esswein reviewed a number of items on check list that are not applicable, is a complete application; Don MacVane motions to accept as complete, 2nd Jim Horgan, Don MacVane again motions to accept and approve as presented, 2nd Charles Wibel; Don MacVane withdraws 1st and 2nd motions as does Charles Wibel. Paul Parker is not in favor of going into Public Hearing; Jim Horgan comments that the policy also states that you can go into Public Hearing; Chairman King motions to go into Public Hearing on the Lot Line Adjustment, 2nd Jim Horgan; Chairman King calls for public input – no comments heard – public comment portion closed. Don MacVane motions to approve as presented, 2nd Jim Horgan, no further discussion, all those in favor, motion
passes.
7:03 p.m.
Consideration for Jurisdictional Acceptance: Application for a 2-lot subdivision By; Scott & Jean Newton (Tax Map R59, Lot #31); Property known as the North side of Ridge Road; Located in the (AR) Agricultural Residential Zoning District.
Rick Lundborn – Norway Plains Associates presents on behalf of applicant Rocky Newton who is applying on behalf of his parents Scott and Jean Newton. Rick Lundborn states that the waiver on the topo’s being submitted is written by Randy Tetreault (note this for the record).
Chairman King turns the floor to Paul Esswein; he comments that this is a pre-existing use on lots, meets the requirements, thinks it is complete. Jim Horgan motions to accept as complete, 2nd Don MacVane, no further discussion, all those in favor, motion passes. Jim Horgan motions to accept the waiver, Don MacVane read the waiver into the record; and 2nd the motion, discussion Chairman King – favorable to accept; no further discussion, all those in favor, motion passes.
Jim Horgan motions to go into public hearing, 2nd Don MacVane; Chairman King polls for any public input, no comments heard, closes public hearing portion; Jim Horgan motions to approve as presented, 2nd Don MacVane; discussion; Hiram Watson asks if the land is in current use; Newton replies has been taken out, no further discussion, all those in favor, motion passes.
7:11 p.m.
Continuation of Application from 02-07-2006; for a Lot Line Adjustment By; Thomas E. Huckins (Tax Map R15, Lot #8): Property known as 282 Chestnut Hill Road, Located in the (SR-1) Suburban Residential 1 Zoning District.
Don MacVane motions to continue this application as the applicant is not here, Jon Berry steps up and advises that he can represent the applicant, was not prepared to do, but has brought the plans for the lot line adjustment with him; Don MacVane withdraws his motion.
Jon Berry states this is a simple lot line adjustment; discusses in detail the lot line adjustment and lot size(s). Paul Esswein states that there is no letter from Pike Industries agreeing to this lot line adjustment and since they own a piece of the land that they will need to indicate their agreement to this.
Chairman King motions to accept as complete, 2nd Hiram Watson; Paul Parker states not complete; Paul Esswein states no written document from Pike Industries giving authority; Jon Berry states he received a request from Pike Industries to do the survey; no further discussion; all those in favor; 5-oppossed; 2-in favor Charlie King and Hiram Watson, motion fails. Don MacVane motions to continue by moving this meeting to the next Planning Board Meeting of 05-02-2006 and requests documentation from Pike Industries authorizing this Lot Line Adjustment; 2nd Charles Wibel, no further discussion, all those in favor, motion passes.
7:16 p.m.
Paul Parker motions for a 5-minute recess; 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
7:26 p.m.
Chairman King re-convenes the meeting.
Continuation of Application from 03-07-2006; for Site Plan Review By: Farmington Ridge Ltd., 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.
Malcolm McNeil represents the applicant and introduces Rick Lundborn of Norway Plains Associates and the Town of Farmington Engineer Lou Caron of L. C. Engineering. Malcolm McNeil reviews the previous months meeting and states that at each meeting we’ve extended the 65-day deadline, which we will more than likely again do at the end of this meeting. Discusses the survey work on Dick Dame Lane that is not completed as yet, Mr. Caron’s off-site improvement issue reduction as a continuation tonight and states they are not completely ready this evening and hopefully next meeting will be ready to discuss Dick Dame Lane, Sky View Drive access and Winter Street.
Chairman King comments that at last meeting Charles Wibel made a motion to the legal status and asks Paul Esswein for input, Paul Esswein states he has asked the Town Attorney to provide current status on the material that he submitted to him for review.
Chairman King advises that he has a copy of the 2001 Town Report referring to Dick Dame Lane and that it was accepted, listed under Article 24.
Malcolm McNeil asks if the Town Attorney received a copy of the referenced Article 24; Paul Esswein – Yes along with a package of materials.
Chairman Kings polls the board members for any questions to Paul Esswein; Don MacVane states that there is a written notation on the bottom of the document that they received tonight; Paul Esswein states that was his note to himself. Chairman King asks if discussions should be continued at the next meeting; Don MacVane requests legal opinion at that time as well as more information on the wetlands.
Chairman King asks Paul Esswein if he is planning on making any suggestions on off-site improvements; Paul Esswein replies when information is received on Dick Dame Lane, the Town Staff would review and make recommendation on Dick Dame Lane in addition to Elm Street / Main Street intersection being discussed.
Charles Wibel suggests a site walk for a show and tell type explanation, David Kestner asks if we shouldn’t wait until Dick Dame Lane improvements are addressed, Paul Parker asks when will we get survey; Rick Lundborn explains that the site survey lead indicated it should be soon, will cover edge of pavement, aerials, verify utility poles, not necessarily a full survey.
Chairman King opens the meeting to the public for comment.
James Spaulding – has concerns on the letter received regarding the road acceptance; his neighbor has a R. O. W. (right-of-way) through; he has a court order to stop the widening of Dick Dame Lane; concerns also about the existing overburden of the road and does not think there should be any more development until traffic on Dick Dame Lane and road conditions are addressed.
Manny Krasner – no particular client; just information and question; when you consider approval take into consideration the original Rancourt approval that was done with a number of conditions and that approval should be brought forward. Mr. Rancourt and the Selectman had agreed on $280K for a Clarifier for the sewer (Paul Parker interjects that is correct) in addition to a hammerhead on Winter Street; those homes in the park were to only be 2-bedroom max under the Rancourt approval; based on the current work in the park some homes could have more than 2-bedrooms; would like to see a letter format summarizing those previous approval / conditions; there also was a condition for $1000 each on hook-up fees in the park; Paul Esswein confirms $1000/per unit; Chairman King wants conditions pulled out from the
past.
Bill Vachon – questions survey, doesn’t agree with last months meeting, asked how wide road is and also width at the gate.
Chairman King states he will not close the public hearing portion.
Paul Parker discusses his desire to have Rick Lundborn talk about the wetland points and Mr. Caron to talk about his points and their differences in resolutions.
Malcolm McNeil interjects that Mr. Philips is not here tonight, had to be at a meeting in Vermont.
Rick Lundborn discusses the wetland impact, mitigation; wetland permits, and advises he still needs to meet with the conservation committee.
Malcolm McNeil asks if they might be allowed to submit agreements / disagreements 1 week before the next meeting; he also states that test pits can be dug and observed by the Town of Farmington Engineer; Malcolm McNeil summarizes; information 1 week prior to next meeting on outstanding issues; survey of Dick Dame Lane, borings along road, and make a presentation to Mr. Parkers request.
Jim Horgan states that he doesn’t believe access in and out of Winter Street is wise or safe and is not good for the residents; suggest review of Sky View Drive gate requirement, suggests some type of connectivity out of the back development to Route 75 or to where ever that might happen to the South or West; Rick Lundborn indicates that he can make that provision.
Chairman King closes the public comment portion of the public hearing.
Charles Wibel motions to move / continue this to the next Planning Board Meeting of 05-02-2006 providing all the information is received; 2nd Don MacVane; discussion; Hiram Watson wants to know the width of Winter Street; Paul Esswein states he will provide; no further discussion, all those in favor, motion passes.
8: 24 p.m.
David Kestner motions for a 5-minute recess, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
8:30 p.m.
Continuation of Application from 03-07-2006; for a 9-Lot Subdivision By: Bill Butterfield of Hillbilly Builders (Tax Map R34, Lot #9); Property known as Dream Hill Terrace; owned by Frederick F. & Jane Lantier; Located in the (SR) Suburban Residential Zoning District.
Paul Zuzgo of Eckmann Engineering presents the project; explains that 7 lots will be on town water and all lots will be on individual septic; each meets the 50’ setback.
Paul Parker questions squaring off and what does that mean; Paul Zuzgo explains just making the lot square.
Paul Esswein – a couple of things have come out; 1 ½ acres on lots 8 & 9 that were in the aquifer overlay protection zone now has the possibility of joining lots 8 & 9 make 1 lot within the aquifer zone; has a letter from Dale Sprague on his opinion.
Chairman King asks what is that aquifer for; Paul Esswein #3 Town Well which has been abandoned due to contamination, but well is still there; the state does not view as an operating well, Dale Sprague thinks boundaries should be kept around the aquifer.
Paul Zuzgo thinks the line can be move and make the lot a 2-acre parcel. Paul Esswein states that originally in 1976 this was referred to as Live Free Recreation Inc and given Planning Board approval; Paul Esswein reviews conditions of approval and discusses contents of this approval.
Paul Parker asks for copies of the letters; Chairman King agrees and wants to review before this board makes a decision on overturning a previous boards decision; Don MacVane agrees; Paul Esswein has Dale Sprague’s suggestions in writing and that additional support to Dick Dame Lane is needed once determination of fix has been decided.
Chairman King asks if they are putting in expansion of the water to get the density bonus; questions infrastructure would be owned by whom; Paul Esswein advises applicant and have a letter from Mr. Sprague as well.
David Kestner questions the public water going in 1000’; see sheet C-2; Chairman King asks about Homeowners Association and how would the money to be set aside for this be determined; Paul Zuzgo – I don’t know that answer; Paul Parker remarks that Home Owners Associations have a tendency to dwindle over the years as changes in development / ownership are made and asks who then would be responsible.
Don MacVane asks for clarification on the letter to Paul Esswein from Dale Sprague regarding the wellhead area; is that only on the last 2 lots?
Charles Wibel asks if the applicant heard the previous comments regarding the roadway with the last applicant and how / what are your intentions on the impact of Dick Dame Lane; Discussion ensues regarding the R. O. W. (right-of-way) and the access.
Charles Wibel asks how deep is the retention pond – Paul Zuzgo 2-21/2 feet depth; Charles Wibel asks if there will be any fencing – Paul Esswein replies the Town has no requirements for fencing; Hiram Watson asks how far from Route 153 I mean Route 75; Paul Zuzgo 1000’ up roughly;
Chairman King opens the floor to the public for comment.
Jane Lantier – owner – making it clear that the Deed states could not be sub-divided if road is not brought up to Town standards / specifications. She’s had discussions previously with Clark Hackett on the requirements of the road upkeep.
Chairman King questions a 50’ paper road through the back property then going through Town property; asks if that would be agreeable; Jane Lantier – absolutely agreeable.
Discussion by board members on road placement.
James Spaulding – suggests a Town stipulation for a 3-way stop to help the traffic stop and from speeding through the intersection; another point - if anything happens on Dick Dame Lane the will be no access to Dream Hill Terrace.
9:06 p.m.
Hiram Watson motions to extend the meeting to 10:00 p.m.; 2nd Don MacVane, no further discussion, all those in favor, motion passes.
Chairman King reviews the 4 points of concern and suggests that the application be continued to allow time for the questions posed to be answered; Charles Wibel would like to see where Dream Hill Terrace could exit from another access other than Dick Dame Lane; wants the applicant to think about the Home Owners Association; using an example that if only 2 people by in the Association and it costs $50K to fix the system if it goes down; this must be divided and who’s going to come up with around $10K to fix; Jim Horgan would like to see a copy of the Home Owners Association documents for review for the boards and Mr. Sprague’s satisfaction as well as going before the Selectmen for their approval for the possible bonding of the infrastructure; David Kestner discusses gate valve placements; Discussion on water
supply – cistern versus hydrants.
Chairman King closes the public comment portion of the public hearing.
Chairman King summarizes that there are a lot of issues and questions to be addressed and makes a motion to continue / move this application to the June 6, 2006 Planning Board Meeting; 2nd Don MacVane, no further discussion, all those in favor, motion passes.
9:24 p.m.
Continuation of Application from 03-07-2006; for Subdivision By: Equivise, LLC (Tax Map R14, Lot #22); Property owned by George & Lorraine Meyer; to create 2-Commercial parcels of which (1) parcel will be 11.88 acres and the other will be 5.5 acres; both located in the (IB) Industrial Business Zoning District as well as a 114-acre residential parcel; located partially in the (AR) Agricultural Zoning District and the (IB) Industrial Business Zoning District for the development of a proposed active adult community of 140 single family residential 2-bedroom homes; Property located on the West side of N. H. Route 11.
Paul Parker recuses himself from this application; Jason Lauze not in; only a board of 6 for this application.
Deb Brewster, P.E. of T. F. Moran presents on behalf of the applicant EquiVise, LLC (Steve Mayo); she thanks the board for extending the meeting until 10:00 p.m. to allow her sufficient time for her presentation; Deb Brewster indicates preliminary stages; bound by the IB / AR Zoning districts; sub-dividing into 3-parcels. She indicates that they have met with the DOT who said that only 1 access would be acceptable, but the board wanted 2 accesses; She asks that the Planning Board write a letter to the DOT asking for the 2 points of access on Route 11 to the attention of Alan Gardner; this is also a request of the DOT to have this letter by the Planning Board
Deb Brewster gives a detailed overview of the access points and various impacts to the development.
Charles Wibel indicates that he likes the concept of 3 accesses and a broad boulevard; makes reference to an area on Cape Cod with an over 55 development; makes suggestion that walking paths/sidewalks be hooked up to the common area for residents use. Members of the board have various discussions referring to the commercial use of the development, emergency vehicle access, and not hindering the future development of the Route 11 commercial corridor. Chairman King review 3 total accesses into the development and that the 3rd is for commercial access only; he likes the boulevard concept, would like less pavement and more pedestrian access, advises the applicant to account for utilities; David Kestner has slight disagreement to Chairman Kings opinion and feels the boulevard should be a 24’ width, agrees with
sidewalks being added.
Discussion on road width, access widths and the potential for commercial traffic entering in the wrong way and having sufficient width to accommodate. Don MacVane gives his opinion on the access points that have been addressed and points to it being aesthetic to the eye.
Deb Brewster asks if the board would be inclined to write a letter to the DOT(s) Alan Gardner expressing their requirement for 2 access points; Don MacVane states yes at the appropriate time and Chairman King states if we are inclined; Deb Brewster advises the members of the board for them to go forward this letter is needed and she would need to include this letter with their traffic study. Don MacVane motions to have Paul Esswein write the letter to the DOT(s) Alan Gardner, 2nd Charles Wibel; discussion; Paul Esswein asks who is to sight the letter; Chairman King is to sign the letter as the Chairman of the Planning Board, no further discussion, all those in favor, motion passes.
2nd Item for review: Deb Brewster explains the profiles she’s brought and shows the members of the board the in(s) and out(s) of the development, the network of the roadways going around through the development; advises that all intersections carry a 3% grade; Deb Brewster goes into a detailed discussion about the various grades and roadway profiles in the proposed development, she suggests to the board to think about 3% to 6% versus 3% to 10%. Chairman King asks if the road agent has given any thoughts to this proposal; Paul Esswein
replies he has concerns about the 10% grade; Chairman King suggests a waiver request will be required; Paul Esswein agrees a constant 6% is better than varying 10%.
Chairman King polls the members of the board for any further input on this; Jim Horgan, Hiram Watson are okay with the proposal; Charles Wibel suggests speed bumps on the road; Paul Esswein comments correct terminology is speed tables; David Kestner not impressed with speed bumps, agrees with less varying percentage of grades.
Chairman King opens the hearing to the public for comment either for or against the application.
Mr. LaPierre comments that he has been traveling that road for over 50 years and that we should be helping these people along.
Charles Wibel suggests a wood chip base for a walking path; there should be some type of waling area down to the community center.
Jim Horgan asks what the maximum speed will be; Deb Brewster replies 15 MPH; Don MacVane asks about some type of Bus Stop shelter, advises that the Town of Farmington has an agreement with Coast Transportation; Don MacVane also asks when the applicant would like to come back; Deb Brewster replies 3-months; Don MacVane would like a letter in writing to this effect.
Jim Horgan motions to continue this application to the 08-01-2006 Planning Board Meeting; 2nd Charles Wibel; discussion; Paul Esswein interjects that given the length of time between tonight’s meeting and the next meeting of 08-01-2006 a re-notification should be made. Chairman King revisits the point / issue from the meeting at the conceptual discussion meeting on the density requirement; Jim Horgan is in favor of the original proposal to not exceed 140 units; Jim Horgan makes a motion to not exceed 140 units comprised of 2-bedroom, single family homes/units; 2nd Charles Wibel, all those in favor; Chairman King is opposed; Jim Horgan, Hiram Watson, Don MacVane and David Kestner in favor, motion passes.
Jim Horgan motions to continue this application to the Planning Board Meeting of 08-01-2006; 2nd Charles Wibel, no further discussion, all those in favor, motion passes.
10:15 p.m.
Don MacVane motions to adjourn, 2nd Jim Horgan, no further discussion, all those in favor, motion passes.
APPROVED AS AMENDED 05-02-2006 – Change is noted in bold text.
Page 4 of 10; 3rd paragraph; 4th line; change Walker to Watson
___________________________________ ______________________
Charlie King, Chairman Date
Farmington Planning Board
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