ADDITIONIAL / SPECIAL
PLANNING BOARD MEETING MINUTES
TUESDAY – JUNE 27, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Hiram Watson, Jim Horgan, David Kestner,
Absent: John Law – Leave of absence.
Don MacVane – With notification
Stacey Gilman-Alternate – With notification
Edward Weagle-Alternate – Without notification
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Site Walk Attendees: Hiram Watson, Paul Parker, Charlie King, David Kestner, Jim Horgan, Paul Esswein, Bud & Sue Nelson – Nelson Affordable Storage, Jeff McGuire – Nelson Affordable Storage Tenant
Continuation of Application from 06-06-2006; 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.
Site walk convened on site at 6:00 p.m.
Chairman King reconvened the meeting at 6:45 p.m. in the Selectmen Chambers; and turns the floor over to Paul Esswein for summary; Paul Esswein states that he understands that the applicants will be submitting a revised plan with the requested information annotated; i.e. drainage structure, lighting, signage and hours of operation.
Paul Parker questions the applicant as to security for the storage area; will you be installing any type of security system? Sue Nelson responds that they have installed a light out back that provides sufficient lighting for now, no type of security system is in place; Paul Parker further questions the applicant in regards to the gravel surface of the parking lot; Sue Nelson advises that there is 3” of crushed gravel; Paul Parker states this raises a concern in his mind about having uneven surfaces.
David Kestner makes reference to the site walk the board members attended and suggests that it would behoove the applicant to increase the elevation to allow the guarantee that water would reach the retention pond; he feels the gravel is sufficient and agrees that drainage details need to be added to the plan.
Hiram Watson has no comments at this time.
Jim Horgan questions the curbing; asks Paul Esswein about the Town of Farmington signage ordinance requirements and Paul Esswein gives his interpretation of the ordinance.
Chairman King makes reference to Section 22 B; all parking areas are to be paved; has several items of question i.e. hours of operation, sign compliance, existing lighting, proposed site changes as discussed on the site walk, waste disposal location and clearly marked handicap parking;
Paul Parker interjects that the surface area for the handicap parking should be different than the general parking; referencing someone in a wheel-chair who is trying to roll through crushed stone/gravel; he further asks where is the handicap ramp; Bud Nelson points on the plan where out back this ramp will be; and Paul Parker asks is that where the handicap parking will be; I still have concerns over the ground cover and the ability for wheel-chair accessibility.
Chairman King asks Paul Esswein if he knows how many handicap parking spaces are required? Paul Esswein advises that he will check with Dennis Roseberry the BI/CEO; Additionally Chairman King refers to Waiver requests under Section 18; Section J and Section K; states those are based on the Minor Site Plan Review Regulations. The members of the board entertain discussion on Waivers.
Jim Horgan motions to approve the waiver for parking and that the handicap parking area will need to apply to the CEO and ADA (Americans with Disability Act) requirements; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
Chairman King questions the requirement for curbing; makes reference to 3 items in Section 18 those being C, J, and K; asks the applicant about the professional they have hired.
Jim Horgan motions to waive the 3 requirements contingent upon the applicant submitting their request for waiver; 2nd Hiram Watson; Norman Russell questions specific actions rules by allowing the public input and should be addressed; Chairman King agrees that public input should be allowed and apologizes for missing that point; Chairman King opens the floor to the public for comment; no comments heard; no further discussion; all those in favor; motion granted for waiver requirement and that some items still need to be added to the plan.
Jim Horgan stresses the point of curbing requirement.
Jim Horgan motions to grant the waiver of the requirement for granite curbing, 2nd Hiram Watson; no further discussion; all those in favor, motion passes.
Chairman King comments that the hours of operation are not indicated on the plan and asks what those hours will be; Bud Nelson replies 8:00 am to 9:00 pm.
Jim Horgan asks about the storage availability and what those hours will be, will the tenants be allowed to enter at any given time, David Kestner interjects that if the business is open until 9:00 pm how will the mini storage be handled; Bud Nelson states that signs of operation will be posted.
Jim Horgan motions to show those operational hours on the plan, as well as land contours, drainage, lighting and handicap parking; 2nd Hiram Watson; discussion; Chairman King asks Paul Esswein if the applicant will need to be in compliance before start-up of operations; Paul Esswein states yes and Bud and Sue Nelson nod their heads in agreement; Paul Parker compliments the applicant on a much better plan this version however they still need additional contingencies on the final plan; no further discussion; all those in favor; motion passes.
Chairman King advises the applicant that Paul Esswein will develop the Notice of Decision and that Doreen will have draft minutes that will outline the contingencies.
Chairman King motions for a 5-minute recess; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Chairman King reconvenes the meeting at 7:31 pm
Continuation of Application Discussion from 04-07-2006, 05-02-2006 and 06-06-2006; 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.
Chairman King turns the floor over to Rick Lundborn who is presenting on behalf of his client Mark Phillips of Farmington Ridge Mobile Home Park to continue the discussion on the build-out of Phase I and the expansion of Phase II, Tax Map U10, Lot 41 and Tax Map R45, Lot 5 for a total of 131-acres; previously it was 142-acres. Rick Lundborn updates the members of the board regarding the letter from Lou Caron of L. C. Engineering and states that he has addressed all the hard engineering however, they still have a few issues to address but will begin with the easiest. Hickory Lane cannot be used due to a similar name Hickory Court, so they’ve have chosen Magnolia Lane; A lamp post style sensor light at intersections and on individual pad sites; the playground amenities that have been added are a 4 person
swing set, batting cage and picnic tables; more playground amenities could be added; Engineering estimates for bonding have been added; there will be a meeting next Wednesday, July 5th at 10:00am with myself, Paul Esswein and Lou Caron. Rick Lundborn provides a phasing park sequence overview.
Chairman King questions the phasing of projects; Rick Lundborn explains his definition of phasing, which will be 5 short construction phases and reviews each of those 5 sections.
Chairman King asks Paul Esswein if he’s had a chance to review the Conservation document (Open Space Premises); Paul Esswein advises not at this time; Chairman King asks who would review this document; Paul Esswein replies that it should be reviewed by legal. Rick Lundborn adds his overview of the use restrictions applicable to open space premises.
Jim Horgan questions the paving of the park; Rick Lundborn advises during each of the phases.
Paul Esswein asks if the roads will be cut out and rough in right away or will that be phased in; Rick Lundborn refers to Earth Work Proper that no more than 5-acre total at a time can be disturbed.
Chairman King directs to Lou Caron to give the board his summary of findings, Lou Caron addresses the board and discusses his opinions.
David Kestner asks Lou Caron if discussion has been about the White property catch basin; Rick Lundborn interjects that will be addressed on Wednesdays’ site walk.
Chairman King asks Joel Moulton, Farmington’s Director of Public Work to give his opinion; Joel Moulton indicates that he would like to concentrate on drainage issues and that he would like to see repairs prior to construction, further discussion on this at Wednesdays’ site walk; Joel Moulton also feels that yearly maintenance on the road would manage the problem areas, he would like to see a contingency plan over the course of the project that shows maintenance of the road; he prefers a comprehensive plan for maintenance of the road but will have a better feel after the meeting with Lou Caron, Paul Esswein and Rick Lundborn. Discussion on the allowable road tonnage and vehicle size. Joel Moulton indicated that he is pursuing implementing fines for trucks that pass over any Town of Farmington
roads that are posted.
Paul Parker asks Joel Moulton about the deterioration of the road and asks if that has been due to construction vehicles and traffic as well as the addition of new homes. Paul Parker also states that he would like to revisit the school children issue; Rick Lundborn interjects that he thought someone from the Town of Farmington was going to check on that; Steve Durrance interjects that it is about a 1 ½ mile radius from the school that the buses pick up children; Gary White states that the children walk down Dick Dame Lane to Route 75 to be picked up by the school bus.
8:14 pm
Chairman King opens the floor to the public for comment
Gary White addresses the board and makes reference to his conversation with an Attorney and was told by the Attorney to go to the Strafford Regional County to retrieve documents related to the restraining order; Gary White presents a 1990 Petition for restraining order and a 09-10-90 court answer; agreement of Dick Dame Lane and the Town of Farmington; and ends by stating that the Attorney said should still be in effect.
Paul Esswein rebuffs; and states that the agreement is in effect until something is changed.
Chairman King reads the findings from the Attorney; discussion ensues on this topic.
James Spaulding rebuffs the statement from Paul Esswein and further states that the people that signed the petition should be here to stand for their rights. James Spaulding also submitted a hand written document outlining items that he wants the Planning Board to address (see attached).
Gary Rogers addresses the board stating a lawyer or a judge will have to make the decision; he’s questioning the 33’ and adds comments from 1968; Paul Esswein interjects a response to Gary Rogers concerns.
Chet Bryant questions the construction vehicles noting the roads being posted and asks if the road will be safe for 300+ cars to travel in and out of Dick Dame Lane, as it is now, the cars fly up and down the road only to slow a the corner and then speed away.
Chairman King asks Lou Caron to address that concern.
Margaret Russell addresses the board stating she was home watching on television and came down presenting various court documents and a order notice signed by a judge (from past court proceedings), (copies attached) she also revisited her discussion that she had with the clerk of courts who remembered this case, Margaret Russell feels that with all the legal documentation that she has presented it is pretty evident about the road width.
Norman Russell addresses the board stating that he is going to switch gears a bit and wants to talk about protocol; he is for and against the application; a little more against than for; he believes it is desirable to develop land close to town; he is against no accommodations for pedestrian traffic; and sees nothing being proposed as yet. He refers to the year 1987 when Holden Engineering conducted a study and addressed the need for pedestrian accommodations; he believes that Dick Dame Lane is now considered a collector road; he feels that there is a major negative impact on pedestrian travel and he is disappointed with the Town staff at the TRC meeting that this issue has not been addressed and is confident that the Planning Board will discuss this issue and deliberate upon the issue of accommodations for
pedestrians, he feels that a project of this scope and size with accommodations for pedestrians make justification why and why not; 70 homes should drive the requirement for pedestrian access; if pedestrian access cannot be developed then this project should not go forward.
9:12 pm
Jim Horgan motions to continue the meeting until 9:30 pm; 2nd David Kestner; no further discussion; all those in favor; Chairman King is opposed; motion passes.
9:14 pm
David Kestner motions for a 5-minute recess; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
9:21 pm
Chairman King reconvenes the meeting
Norman Russell adds a last comment that Barbara Spear was Planning Board Member and suggests that the board members review the 09-11-90 Planning Board Meeting Minutes.
Chairman King closes the meeting for public comment.
Jim Horgan states that he would like to deal with the wavier of 50’ shortage on the 200’ radius and the open space premises he would like legal review.
Jim Horgan motions to continue this meeting until after the engineers have their meeting on Wednesday, July 5, 2006; fails for lack of 2nd.
Rick Lundborn would like to comment regarding Holden Engineering; Rick Lundborn indicates that Don Rhodes who now works for Norway Plains was originally from Holden Engineering; he further indicates that Mr. Caron has read and reviewed previous documents and did not believe that sidewalks would be required, Rick Lundborn adds that this application was submitted on
09-01-2005.
9:28 pm
Jim Horgan motions to extend the meeting for an additional 15-minutes; 2nd Hiram Watson; no further discussion; all those in favor; Chairman King is opposed; motion passes.
Lou Caron entertains discussion regarding the sidewalk(s) if this was a walking community then the Town would typically invoke sidewalk requirements.
Chairman King asks / requests Lou Caron to visit Winter Street in addition to provide comment on the sidewalk issue.
Paul Esswein points out that at the TRC Meeting access was a major discussion and it was felt the site review regulations stipulates that it is up to the Planning Board to make that call not the TRC Members; and it is also the requirement of the new Road Regulations.
Jim Horgan motions to accept granting the waiver of the 50’ difference on the 200’ radius; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
Jim Horgan recommends / motions to submit the Conservation document (Open Space Premises) for legal review; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
Chairman King motions to continue this application to the next regularly scheduled Planning Board Meeting of 07-11-2006; 2nd Jim Horgan; no further discussion; all those in favor; David Kestner is opposed; motion passes.
Joel Moulton adds one last comment that it is his responsibility to help the Town of Farmington and that maybe at the site walk next week he can review the safety stability and drainage issues.
9:36 p.m
Jim Horgan motions to adjourn; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 07-11-2006
Page 2 of 7; 5th paragraph; 2nd line; after CEO add and the ADA (Americans with Disability Act); changes noted in bold italic type.
__________________________________ _________________________
Charlie King, Chairman, Date
Farmington Planning Board
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