PLANNING BOARD MEETING MINUTES
TUESDAY – AUGUST 1, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Hiram Watson, Jim Horgan, David Kestner,
Absent: Don MacVane – with notification, David Kestner – with notification,
John Law – leave of absence, Edward Weagle – Alternate – without notification,
Stacey Gilman – Alternate – without notification,
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: Yvonne Brodeur, Yvonne Lamott, Lori Buckley, Donna Dowling, Linwood Scripture, Mike Brodeur, Norman Russell, William Park, Ellen Park
Chairman King called the meeting to order at 6:15 p.m.
Chairman King calls for review and approval of Planning Board Meeting Minutes of 07-11-2006; Hiram Watson motions to approve; 2nd Jim Horgan; discussion; Paul Parker-page 8 of 12; 3rd paragraph; change the word payment to pavement and in the same paragraph after issuing waivers, add “regarding paving on Route 11 corridor”; no further discussion; all those in favor; motion passes.
Chairman Kings calls for review and approval of Planning Board Meeting Minutes of 07-18-2006; Hiram Watson motions to approve; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Chairman King asks for any other business to come before the board.
· Conceptual Discussion: Presented by Yvonne Brodeur (Donna Dowling and Yvonne Lamott); for the operation of a restaurant “Ellen’s Seafood” (Tax Map U6, Lot #10); Located in the (VC) Village Center Zoning District on Main Street – next door to the La Contadina Restaurant (block of storefront #’s 445, 449, 453 and 457).
Yvonne Brodeur approaches the Chair to make presentation for the proposed opening of a new restaurant “Ellen’s Seafood”. She states that it is their intention to open up a restaurant at 453 Main Street with a seating capacity of 30; they will serve only beer and wine with meals only; there is parking out back and 1 spot for employees; this is a dine in or take out restaurant; hours of operation will be 11:00 am to 9:00 pm; there will be a dumpster out back for refuse.
Chairman King polls each of the members for their questions and input.
Jim Horgan asks how many employees; Yvonne states 4 employees to start.
Hiram Watson asks Paul Esswein if this is to go to the TRC; Paul Esswein indicated that in his review he has developed a list of requirements that he feels the applicant needs to accomplish and yes they will be coming to a TRC to meet with Department Heads; he feels that the Fire Chief should look at the proposed restaurant plan and advise what type of fire protection the restaurant would require.
Yvonne Brodeur handed out a draft floor plan.
Paul Parker states that his questions are the same with regard to the Fire Chief; asks how large the restaurant is; you stated that you would be serving beer and wine, asks if they have contacted the state for licensing requirements and have they applied for those.
Chairman King revisits the parking requirements indicating that in the initial review by Paul Esswein he determined that the Planning Board may offer an allowable use of parking 600 feet from the site; Chairman King also indicated that there is parking available in the Municipal Parking Lot located in front of the Fire Station, also the Municipal Offices have parking locations available and there is the possibility that the applicant could speak with TD Bank North and devise an agreement to use their parking lot during their off hours. Paul Esswein added that he would do a parking assessment. Jim Horgan asks if the Bank allows after hours parking. Paul Parker interjects that is private property and the applicant would have to negotiate for after hours parking.
Hiram Watson asks when the applicants anticipate opening; Yvonne Brodeur states they are hoping for the end of August; Chairman King advises the applicant they must get the items from Paul Esswein’s summary done A.S.A.P.
Paul Esswein advises that the applicant will have to submit the required application per the Site Plan Review regulations; he further stated that he would like to see from the board a consensus motion with the applicability of the applicant submitting the various X, Y, Z, information versus a full site plan.
Jim Horgan asks about an alarm system(s) for Police and Fire; Paul Esswein interjects that will be addressed and identified at the TRC Meeting.
A question arose regarding delivery vehicles; Yvonne Brodeur that will be handled out back; Chairman King asks about on-site deliveries; Yvonne Brodeur indicates that they typically pick up there own supplies and rarely have deliveries made.
Chairman King offers a comment that this is basically a non-binding commitment by the board and that they will need to comply with the outline provided by Paul Esswein and go before TRC and then come back to the Planning Board for a formal review.
Jim Horgan asks for clarification on the parking requirements for which Chairman King reads from the regulations on parking and again states that the applicant must get together with Paul Esswein for direction.
· Conceptual Discussion: Presented by Eleanor Park of 5 Grove Street; for assistance / direction with their possible purchase of a parcel of land on River Road (Tax Map R50, Lot 18).
Eleanor Park states that they are considering the purchase of the above parcel but that would be contingent upon the ability to allow a sub-division to take place; she asks if they would be allowed to do a split driveway; she provides the board with an old version of a “draft” sub-division plan that shows an existing 50’ of R. O. W. (right-of-way).
Chairman King questions the ability to a rear lot sub-division; Paul Esswein not sure; Chairman King states that based on our ordinance, cannot sub-divide with a shared driveway. Hiram Watson asks how far in would the driveway go; Paul Esswein replies approximately 700’; Chairman King interjects that a road going in would require building to town road standards; Paul Esswein advises that it is a possibility for a 2-lot sub-division with 50’ R. O. W. (right-of-way); Chairman King asks wouldn’t a variance be required; Paul Esswein states yes. Chairman King explains the Variance Requirements to the applicants; and after the Zoning Board you would need to get together with Paul Esswein and formally apply for a sub-division approval and reiterates once again that the road would be required to meet the
Town of Farmington road standards.
Hiram Watson asks how many acres; Eleanor Park replies 16-acre parcel.
6:45 p.m.
Chairman King asks if there are any items or business to come before the board;
Paul Esswein states that he has a couple of things; (1) hands out a newspaper article to read at your leisure “what constitutes a bedroom”; (2) traffic impact handout and adds that he is setting up a check list and that the site review regulations have specific requirements; Chairman King interjects that language should be added to the Site Review Regulations specifically relating to traffic studies; (3) Memo to the TRC; Paul Esswein reviews contents of the handout; consensus is this all will be discussed at the next Planning Board Workshop Meeting of 08-15-2006.
Chairman King motions to add the above 3 items to the Planning Board Workshop Meeting of
08-15-2006; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Paul Esswein advises that he has met with the TRC Members regarding the RSA project on Charles Street / Mt. Vernon Street and that the Planning Department will send out to each Planning Board Member a copy of those minutes; Paul Esswein reviews the contents of those minutes with the members of the board.
Paul Esswein relates that he would like the request for a new hearing letter from Mr. Goodwin to be added to the Planning Board Workshop Agenda of 08-15-2006 to allow the board to formally consider and have a formal review of his request.
Paul Esswein also relays to the board the receipt of a motion for suit filed by James Spaulding regarding the Farmington Ridge Mobile Home Park and access via Dick Dame Lane; the court hearing is scheduled for Tuesday, September 26, 2006 at 9:00 am in Dover; Paul Parker interjects that this was also discussed at the Selectmen’s meeting as they received the same notice and that the BOS wants the Town of Farmington Attorney to be present at the hearing.
Paul Parker asks Paul Esswein about the Farmington Ridge NOD (notice of decision) giving a 20-day time frame to meet certain items; Paul Esswein advises that the borings are complete; Paul Parker asks when will the board have the results; Paul Esswein indicated that he would need to speak with Joel Moulton and Lou Caron regarding this and that the recorded survey as required per the NOD needs to be addressed prior to the
09-26-2006 court date; Paul Parker stresses that we need to keep our eyes on that.
Paul Parker addresses the board about the bulletin on the Municipal Law Lectures that are being held in a 3-series presentation; he feels it is very advantageous to attend as well as very educational; asks Paul Esswein what is the cut-off date for enrollment; Paul Esswein reviews the bulletin and states the sign-up is required 7-days prior to the event date.
6:57 pm
Chairman King calls for any new business to come before the board:
· Continuation of Application for an Earth Removal Permit By: Floyd Tanner, (Tax Map R19, Lot 15); 35-acre parcel; Property known as 39 Main Street; Located in the (CC) Commercial Center Zoning District; Removal of approximately 10,000 yards of sand and gravel.
Paul Esswein advises all board members that he had spoken with the applicant representative Jake Tetreault of JTI and advised him of the date that we would need the required documentation as indicated in last months Planning Board Meeting; Paul further indicated that he has called a second time and have had no response; I would recommend that this application be continued to the next Planning Board Meeting of 09-05-2006; There is discussion amongst the board members on their feelings for continuing or denying the application; Paul Parker feels that since it is the 1st time we should continue; Chairman King argues that the applicants and their representative hasn’t even showed up for this meeting, and has not returned any of the phone calls from Paul Esswein and does not feel we should continue.
Jim Horgan motions to deny the acceptance of this application; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
7:01 pm
· Application for a Voluntary Merger of Tax Map R45, Lot #004; 8 –acre parcel and
Tax Map R51, Lot #001; 174-acre parcel: Vacant land located on River Road Property owned by Thomas DuBois of 131 Old Road in Eliot, Maine.
Paul Esswein reviews with the members of the board the plan of the DuBois land for the application for a Voluntary Merger.
Jim Horgan states that there is no reason why it shouldn’t happen.
Chairman King asks who is making the application.
Paul Parkers states that the article was presented at Town Meeting; Paul Esswein adds that the State and Town of Farmington are putting up the money $100,000.00 and $70,000.00 from Fish and Game.
Jim Horgan motions to approve the Voluntary Merger; 2nd (whole heartily) Paul Parker; discussion; Chairman King asks for copy of the signed document (he located it in his package); no further discussion; all those in favor; motion passes.
7:05 pm
Chairman King motions for a 5-minute recess; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
7:11 pm
Chairman King reconvenes the meeting and states that as requested by Paul Weston, Town Administrator the next order of business is:
Non-public session on personnel matters per RSA 91-A:3 II (a)
Paul Weston addresses the board advising the requested non-public session is to allow the board and him to have a frank discussion on a personnel matter.
Chairman King asks the board members for their thought(s) regarding non-public session.
Jim Horgan states that he is opposed to going into non-public session, doesn’t feel it is the boards responsibility as a whole and feels that the performance review that is before the board for this non-public session could be reviewed and handled by the Chairman.
Hiram Watson states that he does not have a problem going into non-public session.
Paul Parker as well has no problem going into non-public session.
Chairman King states that he is not opposed, but the board has a very low attendance and would not be in favor of performance review without all board members in attendance; would like to move this discussion to the Planning Board Workshop Meeting of 08-15-2006 when a full board is expected to be in attendance.
Paul Weston discusses the work plan as developed by himself and Paul Esswein; Chairman King states that he would like that added to the 08-15-2006 Planning Board Workshop Meeting.
Paul Weston advises the board that he operates under an open door policy and if any of the board members would like to have a discussion with him regarding any topic his door is open.
Jim Horgan motions to not go into non-public session; 2nd Chairman King; discussion; Paul Parker is in agreement based on not having a full board to allow for all input; Hiram Watson adds if we wait until next meeting maybe John Law, Stacey Gilman and Ed Weagle will be in attendance to also join in the discussion; Paul Parker adds that Don MacVane and Dave Kestner should also be included in this discussion; no further discussion; all those in favor; 1-Hiram Watson; 3-opposed-Chairman King, Jim Horgan and Paul Parker.
7:28 pm
Jim Horgan motions to adjourn, 2nd Hiram Watson, no further discussion, all those in favor, motion passes.
APPROVED AS WRITTEN 09-05-2006
________________________________________ ______________________
Charlie King, Chairman Date
Farmington Planning Board
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