PLANNING BOARD MEETING MINUTES
TUESDAY – JUNE 6, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Hiram Watson, Jim Horgan, David Kestner,
Edward Weagle-Alternate, Stacey Gilman-Alternate
Absent: John Law – Leave of absence
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present at Site Walk and Public Hearing: Richard Lundborn, P.E. Norway Plains Assoc.; Malcolm McNeill, Attorney McNeill, Taylor & Gallo; Mark G. Phillips, Partner Farmington Ridge Mobile Home Park; Packy Campbell, RSA Development, LLC; Chet Bryant, Don Rhodes, Norway Plains Assoc., Gary White
Public Present: Randy Orvis, Orvis/Drew LLC; Paul Zuzgo, Eckmann Engineering / Hillbilly Builders;
M. Jane & Fred Lantier, James S. Locker, Warren Merrill, Gail Merrill, Dina Evans, Ernest Foster, Mae &
Claude Ellis, Stanley & Douglas Gray, 3-D Auto Sales; Judy Heath, Donald Howard, Sr. Ray Couch, Richard
Weimirt, Peter Alfe, Ronaldo Mria, William Robinson, Gary C. Rogers, Norman Russell, David Wiles, Tami
Mousseau, Bonnie Bilcustra, Bill Butterfield
(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.)
5: 30 p.m.
SITE WALK: Rick Lundborn walked the attendees through Mahogany Road to the proposed Willow Street,
Apple Street and Cedar Street. A site walk was conducted on the lower section of Dick Dame Lane. Rick
Lundborn explained the road upgrades.
6:58 p.m.
Chairman King reconvened the meeting in Chambers from the Site Walk and seated Edward Weagle for John Law.
Review and approve meeting minutes from 05-02-2006; Don MacVane motions to approve as written; 2nd Paul Parker; discussion; David Kestner comments that on page 7 of 8; 1st paragraph the word loomed should be loamed; no further discussion; all those in favor to accept the minutes as amended; motion passes.
Review and approve meeting minutes from 05-23-2006; Chairman King motions to approve as written; 2nd Don MacVane; discussion; Jim Horgan comments that on page 1 of 5; 4th paragraph to remove the word at and replace with the word like; no further discussion; all those in favor to accept the minutes as amended; motion passes.
Chairman King asks if there is any other business to come before the board
Tom Sevigny addresses the board stating he is here this evening to get a feel from the board prior to his full application review; he has a 28-acre parcel on Chestnut Hill Road with 432’ of road frontage that he wants to subdivide off 2 1-acre lots and leave the balance open space. He indicates that there is a 1991 plan of the wetlands; he states that he does not want to do a full boundary survey only the 2-parcels in question and asks if that would be acceptable to the board or will the board require him to complete a full survey.
Paul Esswein states that his thought is since he’s only subdividing off 2-lots on front that it is not a necessity to have boundaries all the way back to the river, but that a full boundary with topo’s on the 2-parcels would be required; discussion regarding the remaining uplands.
7:10 p.m.
Application for a 2-lot Subdivision by: William A. Jr. and Martha E. Robinson (Tax map U11, Lot #32) to create (1) 3.03 acre parcel and (1) 2.58 acre parcel; located in the (SR) Suburban Residential Zoning District; Property known as Bay Road.
Randy Orvis; Orvis/Drew, LLC presents on behalf of the applicant.
Chairman Kings asks Paul Esswein if this meets all of the requirements; Paul Esswein replies that all the materials submitted meet the requirements. Randy Orvis indicates that the Robinsons began this project over 1-year ago to subdivide their land. There is no state subdivision approval required.
Chairman King polls the board members for input; Jim Horgan, Hiram Watson, Don MacVane – no comment; David Kestner asks if there are any test pits; Randy Orvis advises not need Town Sewer is available and that the wetlands have been delineated; Edward Weagle, Paul Parker – no comment.
Chairman King asks for any motions; Jim Horgan motions to accept the application as complete; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Paul Parker approaches the subject of following through with the application, he’s still not comfortable with the “testing” of the new review process and feels that the applicant and the abutters that are here should be heard; Jim Horgan motions to move on the application now; 2nd Don MacVane; discussion; Chairman King asks for comments from any abutter; Claude Ellis states that he has been a neighbor of the Robinsons for 16 years, they are fine neighbors, friendly, quiet and he is blessed to be their neighbor and is all for their project.
Jim Horgan motions to approve, 2nd Hiram Watson; discussion; Chairman King makes an inquiry to the access of the 50’ and asks if they will be using the existing driveway or adding and additional driveway; Randy Orvis explains that this is an existing easement for the lot out back; after some back and forth discussion; William Robinson addresses the board regarding the easement for the back 2-lots; the members of the board and the applicant discuss driveway placement and curb cuts; David Kestner argues on the benefit of the applicant making particular reference to the utility pole that would be required to be removed and the high cost of doing that; no further discussion; all those in favor; motion passes.
7:26 p.m.
Application for a Site Review by: Stanley F. Gray (Tax Map R03, Lot #004): For the operation of an auto retail sales facility; Property known as 115 N. H. Route 11; in the (ORB) Office, Research, Business Zoning District; Use Variance previously approved at the 02-02-2006 Zoning Board of Adjustment Meeting.
Application for Site Review by: Peter Alfe (Tax Map R03, Lot #004): For the operation of a retail/wholesale exotic & domestic wood flooring, granite and marble showroom; Property known as 115 N. H. Route 11; in the (ORB) Office, Research, Business Zoning District. Use Variance previously approved at the 12-01-2005 Zoning Board of Adjustment Meeting.
Paul Esswein addresses the chair and asks if he could suggest that both the above applications be heard concurrently as they are both on the same parcel, this will be 1 large building with 2 different businesses operations; Chairman King indicates that is a good idea and asks Mr. Gray to please come forward and address the board; Douglas Gray states that they 3-D Auto Sales is looking to put in a used retail auto dealership, with an office and an area to display the vehicles; parking (in 1A and 1B) would be shared between both businesses; Peter Alfe then has his opportunity to address the board on his vision for the operation of his retail/wholesale exotic & domestic wood flooring business.
Chairman King asks Paul Esswein for his input on this project; Paul Esswein states that for a point of reference Mr. Alfe received approval from the ZBA with stipulations as did Mr. Gray receive approvals with stipulations; Chairman King asks Paul Esswein if it meets all of the Site Plan Review Regulations; Paul Esswein indicates to the board that these applicants are just proposing a change in use of a previously approved site plan; Chairman King asks if this is reasonably complete and further suggests that it may be prudent to continue these applications; Jim Horgan motions to continue these applications to another / additional meeting; 2nd David Kestner; discussion; David Kestner indicates there is too much information that is still needed; Douglas Gray addresses the board that they are
not making any changes from previously approved plans and that they 3-D Auto Sales have been trying to get before the board since last October and that they are going bankrupt in trying to get this business up and running,
Don MacVane questions if they have been before the TRC; Paul Esswein states yes, but neither applicant showed up for the meeting; Don MacVane suggests moving this application to the workshop meeting of 06-20-2006; Jim Horgan asks what is on the agenda for that meeting; Doreen T. Hayden reads what has been booked thus far; Chairman King suggests a special additional meeting to accommodate the applicant; Don MacVane tells the applicant that he is sympathetic to his plight but there are issues such as lighting and landscaping that are required under Site Review; and further explains that although the same use was once there; that use has fallen out due to time passing; Paul Parker states that he is not going to repeat anything, and feels that the application is incomplete; Chairman King advises both applicants to get
together with Paul Esswein and each other and prepare a more defined Site Plan.
Jim Horgan motions to amend his previous motion to re-hear this application at the next regularly scheduled Planning Board Meeting of 07-11-2006; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
7:48 p.m.
Application for Site Review by: Nelson Affordable Storage, LLC (Bud & Sue Nelson) (Tax Map R64, Lot #003); For the operation of a retail/office space comprised of 3-buildings; located in the (CC) Commercial Center Zoning District; Property known as 1172 N. H. Route 11.
Sue Nelson presents to the board on her on behalf and that of her husband Bud Nelson; she opens with the explanation that this was previously known as N. H. Route 11 Mini Storage near the New Durham line; she and her husband purchased the parcel 1 year ago and have been trying to upgrade the property.
Chairman King turns to Paul Esswein for a summary review; Paul Esswein indicates that this is an expansion of a conforming use allowed in the commercial district; it is the expansion that has triggered the Site Plan Review.
Chairman King reviews the plan that the Nelsons submitted and comments that this is the original plan showing their marked up version; Chairman King asks Paul Esswein if this is a minor or major application; Paul Esswein feels that this could be a minor application however the placement of the modular homes on site for a period of 2-3 years as indicated by the applicant could drive this to a major site review.
Chairman King polls the board members for comments; Jim Horgan – no comment; Don MacVane asks if water and sewer are available – Sue Nelson replied no; Don MacVane also asks if the driveway will be paved; Sue Nelson replied no the driveway had been graveled and it has held up quite well, there has been no wash out or run off from the past heavy rains; David Kestner asks if the modular homes are going to be used as office; Sue Nelson advises no; they will be renting an office square; she is also proposing a 6’x8’ additional sign on the parcel; Edward Weagle asks if the homes will get changed; Sue Nelson indicates that those modular homes will be onsite for 2-3 years and then get changed out; Jeff McGuire from Your New House is her with the Nelson this evening and could also answer any questions the
board might have.
Chairman King advises the applicant that their application is substantially incomplete and that she should work with Paul Esswein to cover any other concerns; Chairman King indicates that a clean set of plans are required and explains to the applicant the procedures that must be followed on hearing applications; Hiram Watson interjects that he also would like to see a clean set of plans; Don MacVane advises the applicant that they should submit a waiver request for not asphalting the driveway and the reason why.
Chairman King motions to move this application to the next regularly scheduled meeting of 07-11-2006 to allow the applicant time to meet with the Planner and complete the requirements of Site Review; motion fails for lack of a 2nd; Sue Nelson asks for a contingency / conditional approval as she anticipates her tenants to enter into rental agreements on the 1st of July; she also states the board has given out conditional approvals in the past and why can’t she have one now; Jim Horgan advises that we need to make sure it is in compliance with the minor site review regulations; items of concern to be addressed are lighting, landscaping, hours of operation, that are still needed; discussion amongst the board members for an additional meeting to be added to the schedule
to accommodate overflow of applications.
Jim Horgan motions to continue this application to an additional Planning Board Meeting, Board Members concur that will be scheduled for 06-27-2006; Don MacVane indicates that he will not be here for that meeting; Chairman King adds a friendly amendment to convene the meeting on the site at 1172 N. H. Route 11 at 6:00 p.m. to complete a site walk and then reconvene back at the Municipal Office in Chambers and deliberate the application; no further discussion; all those in favor; Don MacVane – abstains; Edward Weagle – opposed; Paul Parker, David Kestner, Chairman King, Hiram Watson and Jim Horgan in favor; motion passes.
8:19 p.m.
Voluntary Merger of (Tax Maps U08, Lot #1 and Lot #6 and R32, Lot #014): Property owned by Farmington Country Club located at 181 and 289 Main Street; Located in the (SR) Suburban Residential Zoning District.
Chairman Kings asks if the applicant or a representative is here to present; No one here to discuss; no abutters here to discuss; Jim Horgan motions to approve the Voluntary Merger; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
8:20 p.m.
Chairman King calls for a 5-minute recess; 2nd David Kestner; no further discussion; all those in favor; motion passes.
8:25 p.m.
Chairman King wants it noted for the record that Edward Weagle has left the meeting for the evening and Chairman King now seats Stacey Gilman in place of John Law.
8:31 p.m.
Chairman King reconvenes the meeting
Continuation of Application Discussion from 04-07-2006 and 05-02-2006; 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 represents applicant, introduces Rick Lundborn and Don Rhodes both from Norway Plains and Mark Phillips, Farmington Ridge Mobile Home Park; his opening remarks are to thank the members of the board for their time on the site walk; and reviews letter as of 5/5/2006 that established the Dick Dame Lane road requirements; Malcolm McNeil reviews in summary form the previous months meeting details; Rick Lundborn addresses the board and discusses his revisions as requested by the board from the previous meeting(s); he has chosen and added to the plan potential names for the new streets within the development; Mahogany Blvd., Willow Street, Apple Street and Hickory Lane; he has included an active recreation area and has chose this to come off of Ivy Lane and Sycamore Blvd; there will be a gravel path and
footbridge to a nice upland area with picnic tables; have added horseshoe pits, and a mesh cage for driving range or batting cage.
Chairman Kings asks about lighting of the intersection at Dick Dame Lane and Mahogany Blvd as well as open space and how that will be handled; Rick Lundborn indicates a proposed conservation easement; Chairman King replies there is no draft of such an easement and would this be deeded into perpetuity; Malcolm McNeil interjects that it would state no further development of site would be better than an easement stating who would hold the easement.
Paul Parker states he has the same question as Chairman King and also feels that lighting in a four way is appropriate; his other concern is children going to school; Chet Bryant states that most of the children from the park walk down Dick Dame Lane and are picked up at Route 75 by the school bus; Chairman King asks if that answered Paul Parkers question; Paul Parker advises yes, but I still have concerns with the children; Don MacVane suggests a school bus stop with in the park and also to construct some type of structure for shelter for the children during inclement weather; Steve Durrance interjects that he believes there is a 2-mile radius that the children have to walk to school if they live in that radius.
Paul Esswein relays his discussions with Lou Caron, L. C. Engineering and is satisfied that it meets his requirements.
Chairman King asks for any further comments from the abutters;
Chet Bryant has concerns about Dick Dame Lane and the drainage coming out of the park and down the road; he also feels that 3-years until the 91st build out happens is too long of a wait for road to be fixed; he also asks if those new homes will be 2-bedroom homes and not 3-bedrooms as only 2-bedrooms were approved in the past; he believes that there are 3-bedroom homes in the park now and those are not allowed.
Gary Rogers I live in the 1st house on Dick Dame Lane and I ask with the new homes that are going in how are the lawns being put in; are they hydro seed or what; some of the lawns that are in the park are in pretty sad shape.
Rick Lundborn addresses the loam topic.
Jim Horgan asks if the solo lights will be sufficient for intersection; Mark Phillips replies I would think so; Jim Horgan asks about the street names and asks about the water diversion and not flooding down below; Jim Horgan states that they have showed the recreation park area defined and asks if there are any others; Rick Lundborn shows on the plan 2 others.
9:18 p.m.
Chairman King notes that we are into overtime; Jim Horgan motions to continue to 10:00 p.m.; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Don MacVane motions to have no monumentation; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Paul Parker asks about the roof drains; Don MacVane motions to have the roof drainage design at the applicants discretion; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Discussion on the subject of lighting at each unit and at intersection of Dick Dame Lane and Mahogany Blvd; Don MacVane motions to let the applicant give the board guidance on the lighting at the intersection; a suggestion of standard street lighting was made; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Chairman King asks for any motion(s) regarding the landscaping criteria; no motion heard; Paul Parker approached the subject of the recreational area and stressed that something is needed for the children of the park; Malcolm McNeil suggests they will work with the Town of Farmington Recreational Director to come up with some various suggestions for children’s recreational area; Chairman King motions to add the recreational area for children as a condition; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Chairman King opens discussion on the access and the Dick Dame Lane overflow down Sky View Drive; Chairman King states that Dick Dame Lane needs to be repaired prior to development, not at the 91st unit; David Kestner also comment that from their site walk it is very evident that Dick Dame Lane needs to be repaired; Stacey Gilman and Paul Parker both agree with statements made regarding the condition of Dick Dame Lane as well as the Sky View Drive and Winter Street access issues.
Malcolm McNeil states they are willing to make conditions to fix Dick Dame lane, but his client wants to open the gate on Winter Street; Packy Campbell address the board regarding the gate situation on Winter Street and wants the gate removed.
Chairman King summarizes that Mr. Campbell has asked us to reconsider the gate and open the gate to allow access from the park; Malcolm McNeil summarizes the items that are requiring some follow-up; access Sky View Drive and Dick Dame Lane; Bonding; Conservation Easement/Open Space; Potential compliance hearing requirement; School Issue/Children Drainage Issues.
Chairman King motions to continue this application to June 27, 2006; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
10:00 p.m.
Jim Horgan motions to continue the meeting until 10:30 p.m.; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
10:05 p.m.
Chairman King motions for a 5-minute recess; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
10:14 p.m.
Chairman King reconvenes the meeting and motions that the last application on the agenda (see below);
Continuation of Application Discussion from 05-02-2006 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.
Be continued to the next regularly scheduled Planning Board Meeting of 07-11-2006; 2nd Paul Parker; no further discussion; all those in favor; motion passes.
10:17 p.m.
· Continuation of Application from 03-07-2006 and 04-04-2006 for a 7-lot Subdivision By: Bill Butterfield of Hillbilly Builders (Tax Map R3, Lot #01): Property known as Dream Hill Terrace; owned by Frederick & Jane Lantier; Located in the (SR) Suburban Residential Zoning District; additionally the applicant is requesting the revocation of a prior Planning Board condition dated 1976 that states no further subdivision allowed until Dream Hill Terrace is accepted as a Town road.
Paul Zuzgo of Eckman Engineering, LLC presents on behalf of Bill Butterfield of Hillbilly Builders and Fred & Jane Lantier – owners of record.
Chairman King turns the floor over to Paul Esswein and asks him to address / comment on the letter from the Town of Farmington Attorney in regards to removing a previous condition applied in 1976 entitled; “Live Free Subdivision”; Paul Esswein advises that this requests was specifically noticed and that it can be considered tonight; Paul Parker interjects that the letter is from Laura Spector from Mr. Bates Office.
Don MacVane asks Paul Zuzgo if the road will be paved; Paul Zuzgo – yes it will be to the Town’s standards.
Don MacVane motions to accept and approve the request to revoke the prior Planning Board condition (see letter attached); 2nd Jim Horgan; discussion; David Kestner believes that there is a reason for the 1976 statement and shouldn’t it behoove the Planning Board to look into why that condition was put in place; Paul Zuzgo comments he would assume it was a cart road at one time and that’s the reasoning; Paul Parker asks if minutes of the meeting from 1976 are available; Chairman King asks if we can put our hands on those minutes; Doreen T. Hayden advises that all minutes are kept in the safe and the safe is locked until next morning; Paul Esswein adds comment to the board regarding his opinion and advises them of a previous court case; Chairman King offers defense to remove it; states the applicant
is willing to provide an easement for future access; more discussion about the subject 1976 document; David Kestner is opposed; Paul Parker, Stacey Gilman, Don MacVane, Hiram Watson, Jim Horgan and Chairman King all in favor of having the restriction removed; no further comments; motion passes.
Chairman King asks Paul Esswein if has conferred with the Fire Chief regarding the installation of Cisturns; Don MacVane asks Paul Zuzgo to have Mr. & Mrs. Plante document notarized; David Kestner asks if road improvements as discussed with previous applicant needs to be addressed; Jim Horgan comments about the amount of traffic increase and this is his major concern; Chairman King directs question to Paul Esswein asking what his opinion is on the applicants fair share of improvements that are due on Dick Dame Lane and how the Town of Farmington can deal with; possible percentage of costs contribution per lot; state will need to be involved for a study design; discussion continues; intersection failing due to amount of traffic flow; discussion on the applicant picking up their fair share of $$$$ for the road repair
and how that gets figured; Paul Esswein thinks that it can be a condition;
Chairman King opens the floor to the public for comment; no comments.
Don MacVane asks if Dick Dame Lane and Dream Hill Terrace meet the Town of Farmington requirements; Paul Esswein states adequate radius at turn. David Kestner would like it put in Black and White that Dream Hill Terrace is a private road; Paul Zuzgo questions the fact if the R. O. W. (right-of-way) becomes a throughway; how does that remain a private road; Comment made that Dream Hill Terrace is a private road until accepted by the Town of Farmington; Paul Parker asks if town facilities will be accessed; Paul Zuzgo – no.; A suggestion is made to the following requirements; 10% cost sharing for road improvements; satisfactory 50’ future R.O.W. to 75’ and agreement on the lot line adjustment to the Plante family; road maintenance sharing part of the final plan and written into the deed.
Jim Horgan motions to approve the application with the following conditions;
1. Revision of Plan to identify Dream Hill Terrace as a "Private Road" not subject to town maintenance
until such time as the road is accepted by the Town of Farmington.
2. Addition of a note on the Plan referencing the Private Road Maintenance Agreement to be included in
all property transfer deeds for lots within the subdivision.
3. Delivery of a notarized agreement by Joel D. and Victoria A. Plante acknowledging and agreeing to
the lot line revisions to Map U9, Lot 26 as shown on the Subdivision Plan.
4. Delivery of documentation acceptable to the Town Attorney guaranteeing the Town a 50-foot Right-of-Way at a location to be determined at such time as Map R34 Lots 15 and 17-1 are brought forward for development. The purpose of the Right-of-Way being the future connection of Dream Hill Terrace and NH Route 75. The agreement shall be binding on all current and future owners of Map R34 Lots 15 and 17-1.
5. Delivery of documentation acknowledging that the Developer shall be responsible for ten percent of the cost to improve Dick Dame Lane from the intersection of NH Route 75 to the intersection with Dream Hill Terrace. The improvements shall be as shown on the plan entitled "Preliminary Offsite Roadway Improvements Plan and Profile, Dick Dame Lane, Farmington, NH for Farmington Ridge, LP date April 2006, and any modification required by the Town Engineer and Public Works Director.
2nd Don MacVane; no further discussion; all those in favor; motion passes.
11:08 p.m.
Packy Campbell addresses the board stating the unfairness of the board to move his application
Continuation of Application Discussion from 05-02-2006 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.
To the next regularly scheduled Planning Board Meeting when he had stepped out of the room for one moment to use the facilities; Chairman King responds to Mr. Campbells concerns explaining that at this late hour it is not fair to expect or keep the Town of Farmington employees and the members of the board out any longer; there was some bantering back and forth between Chairman King and Mr. Campbell; regarding the continuance of his application.
11:15 p.m.
Jim Horgan motions to adjourn; 2nd Stacey Gilman; no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 07-11-2006;
Page 6 of 10; 1st paragraph; 3rd line; add the word Route before 75; change noted in bold type.
__________________________________________ _____________________________
Charlie King, Chairman Date
Farmington Planning Board
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