PLANNING BOARD MEETING MINUTES
TUESDAY – MAY 2, 2006
356 Main Street – Farmington, NH
Members Present: Don MacVane, Hiram Watson, Jim Horgan, David Kestner, John Law, Edward Weagle,
Absent: Charlie King – with notification
Jason Lauze, Alternate – without notification
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Russell Newell, John Huckins, Cheryl Huckins, Paul Weston – Farmington Town Administrator, James Spaulding, Gregg Balser, Tom Huckins, Jon Berry, Malcolm McNeill – Attorney, Dianne M. Leary, Cliff Burnap, Steve Goodwin, Chet Bryant, Donald Howard, Judy Heath, Leslie Leary, Virginia Leary, Eugene Edwin, Willa Goodwin, Richard Lundborn – Norway Plains, Gary White, Laurie Bourgoine, Mark Phillips – Farmington Ridge Limited Partnership, Packy Campbell – RSA Development
(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.)
Don MacVane – Vice Chairman calls the meeting to order at 6:02 p.m.
Review and approve meeting minutes of 04-04-2006; Hiram Watson motions to accept the minutes as written, 2nd Paul Parker; discussion; Hiram Watson comments that on Page 4 of 10; 3rd paragraph; 4th line change Walker to Watson; no further discussion; all those in favor, Edward Weagle abstains; motion passes to approve as amended.
Review and approve meeting minutes of 04-18-2006; John Law comments that correction needs to be made on page 2 of 4; 3rd paragraph; change the word live to line; John Law motions to approve as amended, 2nd Hiram Watson, no further discussion; all those in favor, Edward Weagle abstains; motion passes to approve as amended.
Vice Chairman MacVane turns the floor over to Paul Esswein to open meeting; Paul Esswein summarizes the contents of Attorney Bates comments on his research regarding Dream Hill Terrace Project relating to the 1976 subdivision having a condition that no further approvals until the road is accepted by the Town of Farmington. The Town of Farmington recently received an application for subdivision on this street and the Planning Board had asked what legality would be imposed. Paul Esswein advises that the board can reverse a previous condition and that the applicant needs to submit this request in writing and bring to the next Planning Board Meeting of June 6, 2006. Paul Parker requests a hard copy of the Attorney letter.
Paul Esswein reads letter from EquiVise regarding the number of driveways requests. Paul Parker technically recuses himself from the discussion but does not remove himself from the table; Vice Chairman MacVane requests a motion; Paul Parker interjects that he will now remove himself from the table since a vote will be taken. Hiram Watson discussion the statement of not more than 140 units; Paul Esswein replies that topo’s must be done to determine the exact count; Vice Chairman MacVane comments that shouldn’t it say age restricted; a board member asks what is CAROW; David Kestner replies Controlled Access Right of Way; Vice Chairman MacVane motions to accept as written with corrections by Paul Esswein; 2nd Hiram Watson; no further discussion; all those in favor; John Law opposed; Edward Weagle
abstains; motion passes.
Vice Chairman MacVane reads into the record a request from Wiggin & Norrie regarding Terrace View Estates, the EquiVise project stating they are waiving their rights in regards to timely processing under the appropriate RSA and requesting and extension to September 15, 2006; Hiram Watson motions to accept the letter; 2nd Jim Horgan; discussion; Paul Esswein updates Edward Weagle on why they are asking for the extension; discussion ensues between Vice Chairman MacVane, Paul Esswein, and Edward Weagle.
The members of the board are made aware of the upcoming Land Use Seminar at Primex in Concord on May 18, 2006; Vice Chairman MacVane suggests car pooling; Paul Parker rejoins the board and asks when the registration deadline is; Paul Esswein replies now. Paul Esswein also address the point that the Regional Planning Commission has once again requested to have at least one member of the Planning Board from Farmington join as a representative; they are enticing the offer by free dinner and there will be a well known architect as the evenings speaker; Paul Esswein further defines to the Planning Board Members what the Regional Planning Commission is all about. John Law would like Paul Esswein to find out the date(s) they meet and he would be happy to join if his work schedule allows; John Huckins interjects he believes
they meet the 3rd Thursday of the month.
Paul Esswein had one more item for discussion; he feels that this subject will happen frequently, particularly with EquiVise coming before the board; When an alternate is to sit for the Selectmen Representative we first must have that individual be appointed by the Selectmen.
Jim Horgan questions the signing of plans by the Chairman or Vice Chairman; Paul Esswein review the Rules of Procedures and replies that it is okay for the Vice Chairman to sign any plans that he/she sat on as the Vice Chairman assumes all the duties of the Chairman when the Chairman is not in attendance.
Paul Weston speaks to the board and the audience inviting them to this Sunday’s (May 7, 2006) Grand Opening of the Town Hall from 2pm – 5pm.
6:23 p.m.
Jim Horgan motions for a 10-minute recess; 2nd Hiram Watson, no further discussion, all those in favor, motion passes.
6:30 p.m.
Vice Chairman MacVane reconvenes the meeting.
Consideration for Acceptance: Application for a 1-Lot subdivision By: Butternut Land Holding, LLC (Tax Map R11, Lot #2): Property is cornered at Poor Farm Road and Meaderboro Road; Located in the (AR) Agricultural Residential Zoning District.
Edward Weagle recuses himself from this application, as he is a direct abutter.
Jon Berry – Berry Surveying is representing Butternut Land Holding, LLC; Jon Berry reviews the plans to the board, covers all the outlined areas as presented on the plan, covers the wetlands on the parcel as well as the State approvals for subdivision.
Vice Chairman MacVane directs the opening statement to Paul Esswein who gives the board members a summary of his staff report; Hiram Watson motions to accept the application as complete; 2nd Jim Horgan; discussion; Paul Parker interjects that there is much confusion on this new procedure, Hiram Watson retracts his motion; Hiram Watson states the applicant has been here, the people that are effected by the project have been here and thinks we should go ahead; Vice Chairman MacVane agrees; Paul Parker feels the abutters should be allowed to express their opinion; David Kestner agrees with Paul Parker; Jim Horgan states that if the abutters have been notified they should be here; Jim Horgan motions to move forward with this application; 2nd David Kestner; John Law expresses his opinion about this new
procedure; board members have detailed discussion about this new procedure. Jon Berry states that he has submitted a waiver to the Topo’s, wetland delineation and soils on the remaining 27-acre parcel that he’s submitted in writing; Jim Horgan motions to accept the waiver; 2nd John Law; Paul Esswein states 1st need to go into the public hearing portion; Jim Horgan withdraws his motion; Hiram Watson asks about the 40K contiguous square feet on the remaining 27-acre lot; David Kestner motions to accept the plan, 2nd Hiram Watson, no further discussion; all those in favor; Paul Parker is opposed; motion passes.
Consideration for Acceptance: Application for Site Review for Multi-Family Residential Units, By; RSA Development, LLC (Tax Map U12, Lot #23); For the development of 13 residential units in 4 buildings; Property known as 61 Charles Street; Located in the (UR) Urban Residential Zoning District on 1.51-acre parcel.
Edward Weagle reseats himself and rejoins the board.
Malcolm McNeil – Attorney from Dover is representative for the applicant. Attorney McNeil indicates that they are only here tonight for acceptance of the plan; they have no problem listening to public input and feel this process is pretty complete; what they have is 3-3 units and 1-4 unit of 3-bedroom townhouses with 1 ½ baths average units are 1575 Sq. Ft. in size; they meet all the density requirements; have not addressed the landscaping and lighting issues as yet; they will be having further contact with the TRC; Attorney McNeil also indicates that Don Rhodes – Norway Plains and Rick Lundborn – Norway Plains are part of the representation of this project.
Vice Chairman MacVane directs to Paul Esswein for opening comments; Paul Esswein advises that he’s reviewed the plan(s) and other than the landscaping and lighting issues that have not been submitted he feels that it is most complete and the this project will be undertaking many more reviews that will be addressing the landscaping and lighting requirements.
Hiram Watson asks if there is Town water and sewer and at final review will the applicant have pictures of what the intended units will look like.
Jim Horgan states he has not problem, Paul Parker discusses for completeness and Attorney McNeil indicates that yes, they will be back before the board.
Jim Horgan motions to accept as complete, 2nd Hiram Watson; Vice Chairman MacVane opens the floor to the public for comment either for or against this application; 8 Mount Vernon Street abutter – has concerns over water and sewer and where will it be picked up from. The citizen spoke about septic failure and indicated he had spoken with Dale who had allowed sewer to be carried to his house although no water being brought up to his house; he believes wetlands are in the area, just below his parcel there is a pool area, and even in the summer it is mushy; the water pressure is terrible and only getting worse.
Ray Couch – 18 Mt. Vernon – asks if they are going to be condo’s or rental units; Attorney McNeil replies they will be condo’s; Mr. Couch replies that’s 13 units equaling 26 cars, feels that is too many and also feels that down the road units will turn into rental; recommends that some type of fencing around the complete parcel be installed.
James Locke – 21 Mt. Vernon – dogs and kids heavy activity; already spoke with Packy Campbell about the potential activity and endless amount of traffic that is going to be generated; feels fencing would be a good thing.
Mr. Howard – I live at 25, and own 28, 22, 24, and 35 Mt. Vernon; I have lived there many years; there is no water pressure as it is; I also own 70 Charles Street and had to dig for well as I had no pressure there; 13-units are too many.
Jim Horgan feels that this should be continued to June 6, 2006 Planning Board Meeting; 2nd Hiram Watson; no further discussion, all those in favor, motion passes.
Continuation of Application Discussion from 04-04-2006; 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.
Thomas Huckins addresses the board regarding his lot line adjustment; relays that he understands that Jon Berry represented him at the last Planning Board Meeting and states that the board at that time requested a letter from Pike Industries indicating their agreement to the lot line adjustment; Thomas Huckins reads the letter into the record.
Hiram Watson motions to accept the lot line adjustment; 2nd Jim Horgan; no further discussion; all those in favor; Edward Weagle abstains; motion passes.
Continuation of Discussion from 04-04-2006; for a proposed development of Haywagon Road to allow construction of a new home; By: John Huckins: Property located in the (AR) Agricultural Residential Zoning District.
John Huckins represents himself for this discussion explains that the parcel fronts on both Meaderboro and Haywagon Road and wishes to use Haywagon Road as his access to the parcel. He has met with the road agent and Paul Esswein; has reviewed the road standards that have recently been adopted; he does not have a formal application before the board; tonight is preliminary at the request of the Selectmen to get the Planning Boards approval to move forward.
Laurie Bourgoine – I live on Blue Job 20 years; I am all for upgrading of the road even though it is a Class 6 road it is heavily used. The public tears up the road; they have no idea how to drive on a dirt road, when mud season arrives it is terrible; I would be thrilled to have neighbors.
Russell Newell representing Dana Belden Inc; asks John Huckins how far in; John Huckins replies about 700’ into the road.
Vice Chairman MacVane asks Paul Esswein what he thinks; Paul Esswein states it was the Selectmen that wanted the Planning Boards input.
Jim Horgan motions recommending that we forward a strong recommendation that the Selectmen accept this; 2nd Hiram Watson, discussion; Paul Esswein discusses the minimum width suggesting a 50’ R.O.W.; Vice Chairman MacVane suggests that the abutters sign some type of an agreement on exactly what the improvements should be; Paul Esswein refers to the Waiver of Municipal Liability that will get signed and comments that we could send another letter along with Joel Moulton’s suggestions and advise each of the land owners of the next Selectmen’s meeting that this proposal will be reviewed at; no further discussion; all those in favor; motion passes.
Continuation of Application Discussion from 04-04-2006; 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 presenting on behalf of the applicant; he relays that the application was accepted as complete at the last meeting and was asked to return tonight to follow-up on a couple of issues the board wanted addressed. He is submitting waiver requests on behalf of R52, Lot #14 and R53, Lot #1; topos, soils and wetlands; he comments that R52, Lot #14 has the required 40K contiguous uplands; has received State approval on the septic; State subdivision is not required due to the existing State septic approval already in place.
Vice Chairman MacVane calls for comments from the public either for or against this application; no comments heard. Vice Chairman MacVane turns to Paul Esswein for comments and he advises that last month we had quite a bit of discussion; wetlands delineation was one issue and topo’s delineation for the entire site was another; and they (applicant) have requested waivers; discussion ensues in more detail regarding the waiver request.
Vice Chairman MacVane asks for any motions on parcel R52, Lot 14 and R53, Lot 1; Jim Horgan motions to accept; 2nd David Kestner; no further discussion; Vice Chairman MacVane asks for any discussion on the approval; David Kestner motions to approve; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
7:31 p.m.
Paul Parker motions for a 10-minutes recess; 2nd David Kestner; no further discussion; all those in favor; motion passes.
7:41 p.m.
Vice Chairman MacVane reconvenes the meeting.
Continuation of Application Discussion from 04-07-2006; 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 proposed development is via Dick Dame Lane.
Malcolm McNeil – Attorney from Dover representing the applicant summarizes last months attendance with reviews of the requirements that they have met as requested by the board and that 64-acres will remain open space. Discusses conservation easement and states no development on the Milton side of the parcel. Has reviewed the suggestions for the improvements on Dick Dame Lane and states that improvements should be at the 91st unit and they will speak on those improvements including the ingress/egress of another area – referring to the Sky View Drive as an assistant; also discusses Winter Street that the public has clearly voice a no to; he feels they have 3 access points – Winter Street, Sky View Drive and improvements to Dick Dame Lane.
Rick Lundborn – Norway Plains – also representing the client; reviews the addition of 70 units over 2 phases and indicates that 90 units vested in total; discusses wetlands impact area; Rick Lundborn reviews line items on the letter dated 04-20-06 from L. C. Engineering - Lou Caron; reviews road 1 & 5; road 2 & 1 intersections; road 3 & 1 intersection; consistently 12’ problem which is not a big deal; can move around to meet Mr. Caron’s suggestion; monumentation discussion as per Mr. Caron suggestions; reviewed the street lighting requirements in the Manufactured Park Housing Regulations; there are lamp posts on each lot now and they would like to continue with that and that can be shown on the plan.
John Law thinks the board should take a night drive through to see how well lit; Mark Phillips interjects that the lamp posts are all on auto; individual homeowners do not have an off/on switch; if a bulb burns out someone there within 1-hour to replace.
Rick Lundborn – touches on the subject of landscaping; Malcolm McNeil interjects that the park owners do not own home and individual landowners lease land and do their own landscaping; a waiver for landscaping could be provided.
Edward Weagle asks if there are common areas to be landscaped or intersections that will have landscaping.
Rick Lundborn finishes the L. C. Engineering review letter of the last few items of Mr. Caron’s concern; Lou Caron discusses the concrete piping requirement versus the plastic piping.
Hiram Watson makes reference to the Peaceful Pines Mobile Home Parks recreation area and suggests the similar type to be created within Farmington Ridge Mobile Home Park. Jim Horgan supports the idea of a recreational park; Paul Parker adds it adds to the aesthetics. Hiram Watson asks about landscaping; Mark Phillips indicates that the lawn areas are loamed and seeded; lanterns on all property; some properties will have shrubs and adds that the residents of the Mobile Home Park are not allowed to rent out their units.
Vice Chairman MacVane asks for any questions from the members of the board; Jim Horgan states he has a list of questions; one items is that it is his opinion that at intersections there should be lighting; wants landscaping; and where homeowners land and intersections meet include ornamental identification; concerns about drainage in the lower part of the park and feels that those citizens are inconvenienced; he is opposed to going into Bunker Street and Winter Street; doesn’t like Dick Dame Lane and is opposed to Sky View Drive.
John Law asks about gravel drip edges and channeling water to lawns; asks about some type of container for retention.
Vice Chairman MacVane and Don Rhodes discuss gutter / piping systems. Paul Parker asks how much will wetlands will be filled; Rick Lundborn replies approximately 47K; Paul Parker asks where that will be directed to now; Rick Lundborn explains the wetland permit application that he’s applied for. Paul Parker further states that he mirrors a lot of what Jim Horgan had to say; further questions the number of open lots and asks if they are all wetlands; Rick Lundborn replies some are wet but not all the time.
Don Rhodes – Norway Plains gives the Planning Board Members his detailed review of his field survey and speaks about the 33’ R. O. W; the drainage system(s) on the road side and reviews his discussion with Lou Caron.
Ed Weagle states - one way in and out; Don Rhodes explains the available ingress/egress; also adds comments about Dick Dame Lane improvements and how those would accommodate the traffic from the park.
Hiram Watson entertains discussion on the width of the gutter.
Vice Chairman MacVane opens the floor to the public.
James Spaulding – you haven’t addressed any of his previous questions. Paul Parker advises they have spoken with legal; Paul Esswein 1st discusses the receipt of the Attorney Letter then reads the letter verbatim into the record with regards to the legal status of Dick Dame Lane (copy attached for record). James Spaulding again addresses the board over his concern regarding the existing conditions of Dick Dame Lane and the overburden of traffic from the additional units in the park; taking of some residents land on Dick Dame Lane to widen the road; feels parking is already a problem only will be worse; more people, more parties; more cars parked in the road.
9:16 p.m.
Paul Parker interjects and asks if we should extend the meeting; Jim Horgan motions to extend until 10:00 p.m.; 2nd John Law; no further discussion; all those in favor, motion passes.
Vice Chairman MacVane suggests a site walk and asks when do we think it could take place; suggests at the next Planning Board Workshop of 05-16-2006 at 6:00 p.m.; Hiram Watson asks if the applicants representative would bring reduced size plans so that they can follow along through the site walk.
Bill Vachon voices his concern about a recreation park for the kids; indicates that the Campbell Commons housing development also was suppose to have a park and that’s never happened.
Chet Bryant – 96 Dick Dame Lane – asks if they are going to be 2-bedroom or 2-bedroom units; Attorney Malcolm McNeil states they are going to be double wide home; Chet Bryant states that does not answer my question and also voices his concerns over the water pressure issue; relates stories of existing water pressure issues. Rick Lundborn – Norway Plains discusses the gravity issue for sewer lines as well as the water pressure elevation.
Gary White – states that he agrees with everything everyone has said; would like to see words that would state connection on feeder road; wording for widening road specifically relating to 2-house built Butch Barron that sit up hill and now when it rains hard and spring comes a pond of water sits on his septic system; closes with his concern of the traffic flying up and down Dick Dame Lane.
Attorney Malcolm McNeil addresses the board requesting a continuation to June 6, 2006; Attorney Malcolm McNeil reviews the list of concerns raised that still need to be addressed.
Jim Horgan motions to continue to the next Planning Board Workshop Meeting of 06-06-2006; 2nd John Law; discussion; Vice Chairman MacVane requests that Joel Moulton; Director of Public Works also be in attendance; no further discussion; all those in favor, motion passes.
Vice Chairman MacVane opens discussion amongst board members on the process of the jurisdictional review; Paul Parker voices his concerns / position on this new process as does David Kestner; Vice Chairman MacVane suggests that Paul Esswein explain to John Law and Edward Weagle (newest members of the Planning Board) this jurisdictional review; Paul Esswein also suggests as per the subdivision regulations the board could review applications under the “minor subdivision” review requirement(s).
Jim Horgan motions to have Paul Esswein put some wording together on this; 2nd Edward Weagle and to have Paul Esswein “minor subdivision” suggestions including the 4-lot minor subdivision as acceptable; no further discussion; all those in favor, Jim Horgan opposed; motion passes.
Greg Balsam addresses the board on his Attorney Letter including the R. O. W. that crosses over his property.
10:07 p.m.
Jim Horgan motions to adjourn; 2nd Edward Weagle, no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 06-06-2006;
Page 7 of 8; 1st paragraph; Change the word loomed to loamed - Changes noted in bold
__________________________________________ _______________________
Don MacVane, Vice Chairman Date
Farmington Planning Board
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