PLANNING BOARD MEETING MINUTES
TUESDAY – SEPTEMBER 5, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Hiram Watson, Jim Horgan, David Kestner,
Edward Weagle – Alternate
Selectmen’s Rep: Paul Parker
Staff Present: Paul Esswein, Doreen T. Hayden
Public Present: John D. Aylard, Randy Orvis – Orvis/Drew LLC, Helen Constantine, Elaine Aylard, Darlene Cameron, Lori Buckley, Donna Dowling, Yvonne Lamott, Linwood Scripture, Charles P. Buckley, Glen Gosselin, John Huckins, Cheryl Huckins, Suann Stickles, Donna Goslin, Ky Goslin, Randy Tetreault – Norway Plains Associates, John Cardinal, Paul Cardinal
Chairman King called the meeting to order at 6:03 pm and seats Ed Weagle, Alternate for resigned John Law.
Chairman King informs the board and the public that the Planning Board presently has 2 alternate positions and 1 regular position vacant and encourages the public to apply.
Chairman King calls for the review and approval of the meeting minutes from 08-01-2006; Chairman King motions to approve the minutes of 08-01-2006 as written; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Chairman King calls for the review and approval of the meeting minutes from 08-15-2006; Jim Horgan motions to approve the minutes of 08-15-2006 as written; 2nd David Kestner; no further discussion; all those in favor; motion passes.
Chairman King turns the floor over to Paul Esswein who advises the board that he’s handed out some suggested language changes to the Site Review Regulations and gives the board a summary of those changes and why he’s making the suggestion.
Don MacVane motions to put this discussion on the Planning Board Workshop Agenda of 09-19-2006 for further discussion; 2nd Paul Parker; discussion; Chairman King asks Paul Esswein if a review will still be required; Paul Esswein advises, yes and that will be taken up at a TRC meeting (Technical Review Committee) and not take up the time of the Planning Board however; if the TRC determines that Planning Board review should be required then the applicant will go to Site Review; Chairman King asks if the proposed change would effect the 2nd application (The Office Bar & Grill) that is on tonight’s agenda; Paul Esswein advises yes and it would also have effected (for the better) Ellen’s Seafood; no further discussion; all those in favor; motion passes.
Paul Esswein reads into the record a letter from Mr. Walsh of 233 Charles Street regarding his inquiry into the opening of a massage business in his home, his letter indicated that it would be a small operation, plenty of parking is available, turn around driveway, one client per visit, no overlapping; Paul Esswein advises the board that the Zoning Ordinance includes medical/office/dental doctor offices; Paul Esswein is looking for the boards feedback; Paul Esswein reads the Zoning Ordinance section that is applicable to in home businesses and notes that massage is excluded from the Zoning Ordinance. Paul Parker asks if this is a licensed operation; Don MacVane interjects that a license triggers a medical/doctors facility; Chairman King indicates that he would agree with the suggested wording provided by Paul
Esswein to allow commercial use for a small threshold; Paul Esswein interjects that this is a profession that could be construed as fitting roughly into the medical category.
Chairman King advises that Paul Esswein has also handed out a few other things this evening and again gives the floor over to Paul Esswein to detail; We have received notification of the next OSP Workshop and suggests that all should attend, it is being held in Waterville Valley; also the Regional Planning Commission is still looking for Farmington Representation as well as a Town Representative for the Metropolitan Transport Committee; Chairman King touches on the handout by Charles Wibel; Paul Esswein advises that they also received a Draft of Chapter 6 of the Master Plan and would like to see this considered at the Planning Board Workshop Meeting of 09-19-2006; Paul Esswein advises that ZAMPS Committee will receive copy and would like to hold a joint meeting for discussion.
Chairman King asks that it be noted into the record that Jim Horgan has arrived 6:16 pm; Chairman King advises Jim Horgan that he was nominated by the members of the board to be the representative to SRPC (Strafford Regional Planning Commission) and 2nd by Don MacVane; Jim Horgan chuckles.
Paul Esswein suggests to the chair that the second item under New Business on the agenda should be heard next for discussion.
6:17 pm
· Discussion By: Rosalie West and Sonja Denyou; For direction and approval to open and operate a bar and grill “The Office Bar & Grill”; located in the (VC) Village Center Zoning District (previous use was Vinnie’s Pizza) (Tax Map U05, Lot 184); Property known as 510 Main Street.
Chairman King asks Rosalie West to step forward, Rosalie West summarizes the operation that will include a small grill serving hamburgers, hot dogs and various sandwiches; she had The Office Bar & Grill on Mechanic Street however the landlord is not going to renew their lease; she approached Vinnie Daudelin, owner of the building asking if he would be willing to lease to her and Sonja and he agreed, under that verbal agreement Rosalie and Sonja started refurbishing the interior of the restaurant only to be advised that the use had been abandoned for over 2 years and due to that they would need to go before the Planning Board for Site Review approval, so they have come before the board to inquire the specifics of what it is they need to accomplish and present to the Planning Board for their approval at the October 3,
2006 Planning Board Meeting; they are advised that they will need to attend and present their case to the TRC Committee on Thursday, September 21, 2006 at 9:00 am.
Don MacVane asks if the Site Review process could be waived since there is less than 1000 square feet of space; Paul Esswein interjects that he does not think you (the Planning Board) can waive the process until we have gone to Town Meeting and presented this language change for the Village Center and changed the proposed use requirements under the T. O. P. U. (Table Of Permitted Uses).
Chairman King asks if the applicant has been before the TRC yet? Paul Esswein states, not yet, but will be at the September 21st meeting; Chairman King summarizes to the applicant what the requirements are and what the TRC is all about; Rosalie West explained to the board the expenses that they have gone through thus far.
Hiram Watson asks the applicant if she knows what the TRC is and asks Paul Esswein to explain to applicant what the TRC is about.
Chairman King, Hiram Watson and Paul Esswein entertain discussion on the requirements to follow.
Chairman King polls the members of the board for any further questions or comments; Jim Horgan states that he has no problem with this application, but would like to see in their narrative their hours of operation and the number of employees they will have; Hiram Watson states that he sees no problem as they will be seeing Paul Esswein tomorrow; Don MacVane has no problem, David Kestner has no problem and tells them to go for it; Ed Weagle has no problem, Paul Parker has no problem; all of the members stated that they would like to see what the TRC Committee has to say; Chairman King states that he believes the biggest issues will be with the Fire Department, Water Department and Code Enforcement.
Chairman King calls for any further comments or discussion; nothing heard; Rosalie West thanks the board for their time and states that she will see Paul Esswein in the am.
6:26 pm
Chairman King motions for a 3-minute recess; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
6:32 pm
· Continuation of Site Plan Review / Subdivision Review from 04-04-2006 for application of EquiVise,
LLC (Tax Map R14, Lot #22); Property owned by George & Lorraine Meyer to create 2-Commercial
parcels of which (1) parcel will be a 11.88-acre and (1) will be a 5.5-acre; both parcels located in the (IB)
Industrial Business Zoning District; and 114-acre residential parcel which is partially located in the
(AR) Agricultural Residential and (IB) Industrial Business Zoning Districts; This is for the development
of a proposed active adult community of 140 single-family residential 2-bedroom homes; Property is
located on the West side of N. H. Route 11. NOTE: Applicant has requested a continuance until
Planning Board Meeting of November 7, 2006.
Chairman King calls the meeting back to order; Paul Parker recuses himself from the discussion; Paul Esswein advises the members of the board that the next time this application comes before the board that all parties and abutters will be notified by notice of public hearing published in the Fosters Newspapers and Certified Return Receipt abutter letter mailings sent out; Don MacVane motions to continue this meeting with the proper re-noticing requirements to the applicants requested date of November 7, 2006; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
· Clarification of conditions of approval Re: 19-lot subdivision By: John Huckins (Tax Map R2, Lot #54); Sub-division known as Morgana Woods Subdivision; located on Chestnut Hill Road; in the (RR) Rural Residential Zoning District; Clarification on the Bonding requirements.
Chairman King summarizes that based upon the NOD (Notice of Decision) he is unable to sign the plan until the bonding issue(s) has been clarified. Paul Esswein states that we are enforcing a bond for project as separate that may occur to Chestnut Hill Road and then bonding for the complete project, the wording was that must be in place prior to signing of the plat and that no lots could be sold and no work could begin on anything relating to this project; Chairman King interjects that he would like to see 2 phases; John Huckins advises that by state law work cannot commence without bonding in place, he also states that he has a buyer for the sub-division but that the bank won’t loan any money until the plat is signed.
Members of the board and John Huckins enter into discussion regarding the bonding requirements.
Paul Esswein makes a suggestion to modify the approval to have the Planning Board Chairman sign the plat prior to the bond and further recommends that plat be signed prior to any earth moving.
Don MacVane makes a motion for approval of the 19-lot subdivision as amended to include the requirement of bonding at a point when heavy equipment, earth removal, and infrastructure begin and to allow the Planning Board Chairman to sign the plat, 2nd Hiram Watson; Chairman King makes a friendly amendment to change the word okay to clarify; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
6:41 pm
· Sub-division Review: Application for 2-lot subdivision by John & Elaine Aylard (Tax Map R58, Lot
#7); Property known as 239 Hornetown Road; Located in the (AR) Agricultural Zoning District; Newly
created lots to be (1) 3.0-acre and (1) 6.69-acre.
Randy Orvis – Orvis/Drew LLC presents on behalf of the applicant. Reviews plans with the Planning Board Members; requesting 2 waivers; (1) 4.08 F and G of the sub-division regulations; Chairman King indicates that is a reasonable request and personally has no issues with it.
Don MacVane motions to accept the waivers for 4.08 F and G of the Sub-Division Regulations; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Chairman King turns the floor over to Paul Esswein for his review; states that the project was subject to a Variance by the ZBA which it did received on 09-01-2005; this application has been before the TRC Committee; only 2 issues to be addressed; (1) wetlands crossing – care be taken and how things are handled; (2) assessors office to change the lot numbers from 7 & 7-1 to lots 1 & 2.
Randy Orvis advises the board that the permit for crossing was obtained several years ago and there is no further permits required; he further explains that the 35’ is not an easement, only to show access to the back lot for fire access; Paul Esswein interjects that is a requirement of back-lot standards.
Jim Horgan motions to accept the application as complete; 2nd Don MacVane; no further comments; all those in favor; motion passes.
Chairman King asks if there is any more information that Randy Orvis needs to present; Randy Orvis summarizes to board the specifics of the plan; Chairman King polls the members of the board for any further comments or questions; Hiram Watson states nice plan, Jim Horgan is good, Edward Weagle, David Kestner and Don MacVane each state they are all set; Paul Parker inquiries about the wetlands crossings where Randy Orvis had stated these have already been addressed; Randy Orvis states that is correct; Paul Parker reviews the Right-of-Way as 30’; Randy Orvis states existing – road varies from 20’ – 30’ on average.
Don MacVane motions to approve the application for the 2-lot subdivision subject to the lot numbers being changed / corrected on the plan per the request of the assessing office; Chairman King calls for any input from the public on this application; no public input heard; motion 2nd Jim Horgan, no further comments; all those in favor; motion passes.
· Plan review of Su-Ann Goslin-Stickles; Re: Letter to the Planning Board dated 08-03-2006; Requesting the reconsideration of a conditional approval dated 05-02-2005; for the construction of a cul-de-sac with a hammerhead turn and the removal of an existing driveway; (Tax Map R5, Lot #9-2); Property located in the (AR) Agricultural Residential Zoning District on a newly developed private road known as Abbey Lane.
6:53 pm
Chairman King relinquishes his seat to Vice Chairman Don MacVane to sit on the application, as Chairman King is a direct abutter to the applicant.
Vice Chairman MacVane asks the applicant SuAnn Stickles to come forward and discuss her request. SuAnn states that the job is going to cost about $12,000; she gives a summary to the board of the beginnings to the end of the road requirements; Vice Chairman MacVane comments that they are not paving now the 20’ width, Paul Esswein interjects that now it is only 10’ wide; Donna Goslin speaks up and states they are asking the board for relief to not put in the cul-de-sac; Vice Chairman MacVane explains that it does not need to be developed, but you still only have 1 driveway; Major discussion ensues regarding the driveway.
Hiram Watson feels there is quite a bit of distance between the 2-driveways; SuAnn Stickles interjects that it is deeded as 2 separate lots and further elaborates that they are only about 85’ short from the frontage requirement.
David Kestner gives a summary of the events from the 1st ZBA meeting and suggests that the applicant really needs to go back before the ZBA board to have them make the allowance for the change in frontage, because you came to the Planning Board for an approval of your subdivision that at that time the hammerhead driveway for creation of the required road frontage was a requirement of the subdivision and that the subdivision was granted to you under that criteria.
Vice Chairman MacVane advises the applicant that with the new road regulations you do not need to hot top and suggests that they bring this new information to the ZBA and ask for their relief as a financial hardship.
Paul Parker asks if we (the board) have to make a motion to change the requirement from the tar & gravel requirement; Paul Esswein states that he is willing to say that the regulations that they now meet are okay.
SuAnn states so you now tell me I must go to the ZBA; yes was the answer with the explanation because of what was approved at the time of the subdivision approval.
7:06 pm
Paul Parker motions for a 5-minute recess; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
7:16 pm
· Site Plan Review: Application for a Change of Use “Ellen’s Seafood Restaurant”; By: Yvonne Lamott & Linwood Scripture (Donna Dowling & Yvonne Brodeur); (Tax Map U6, Lot #10); Property located at 453 Main Street (next door to the La Contadina Restaurant) located in the (VC) Village Center Zoning District.
Chairman King reconvenes the meeting and asks the next applicant to please step forward and present their application.
Lori Buckley represents Ellen’s Seafood.
Chairman King turns the floor over to Paul Esswein who summarizes the applicants intent; this is a change of use request which triggers Planning Board Site Review; this applicant has been before the TRC Committee and they have reviewed the proposed project which I have given to each of you with each of the Committee members comments; Paul Esswein reads through the list of requirements by the Committee; Chairman King asks about the TRC comments on the water meter and back fill preventor, Paul Esswein advises that the water issues will be taken up with the building owner Peter Alfe by Dale Sprague; Paul Esswein states that the TRC Committee recommends approval contingent upon the applicant meeting the requirements as documented at TRC.
Chairman King asks the applicant if they can comply with all of the requirements; Lori Buckley states yes they have no problem meeting those requirements; Chairman King asks how large the floor space is; Lori Buckley states the unit is 1040 square feet.
Chairman King calls for any comments from the public; no heard; he will leave the public hearing portion open.
Jim Horgan and Hiram Watson both state the plan looks good; Ed Weagle asks if the bar will serve liquor; Lori Buckley states that beer and wine will only be served with food, not allowed to come in an drink only; Paul Parker comments that he’s surprised that they are only showing 6 tables; the applicant corrects the statement to say there are 6 tables plus counter seating; Paul Parker questions emergency lighting and alarm system(s); Paul Esswein interjects that the Fire Chief is okay with a local alarm system; Rear deliveries are questioned and the applicant is advised that they must leave enough room for winter snow removal; Paul Parker asks Paul Esswein if any waivers are required; Paul Esswein states this is a minor review; Paul Parker revisits the ADA requirement(s); the applicant indicates that they have
removable ramps and buzzers at the door and that the employees will help with the access in and out of the restaurant as needed; there is also tempered glass on the windows.
Don MacVane asks if Paul Parker wants to make a motion;
Paul Parker motions to accept the plan as complete; 2nd Don MacVane; no further comments; all those in favor; motion passes.
Don MacVane motions to approve the application subject to the comments as defined by the TRC Committee for 5/8’ drywall fire separation, hard wired alarm, state licenses and approvals and ADA compliant; 2nd Paul Parker; no further discussion; all those in favor; motion passes.
7:31 pm
· Site Plan Review: Application of A. J. Foss (John Cardinal / Paul Cardinal) (Tax Map R19, Lot #24); Property located at 100 Cocheco Road; in the (RR) Rural Residential Zoning District; to allow the construction of a new building enclosure for equipment for new aggregate bins for concrete mixer(s).
Randy Tetreault – Norway Plains Associates, Inc. presents on behalf of the applicant; advises the board that he picked up 1 change from the TRC Meeting to change Pokamoonshine to the existing brook; what he is presenting is really no change, only a smaller version of what you already have; he provides a summary of the business expansion stating that this is a pre-existing, non-conforming use in the RR Zoning District to construct an enclosure of 1000 square foot area; the narrative I’ve provided thoroughly describes the operation; the reason for the enclosure (1) better use during the winters (2) noise reduction; Randy Tetreault moves to the easel and reviews the plan with the board; he advises that John Cardinal owns a 20-acre parcel plus 2 other lots; R19, L# 23-1 and 22 and that Joe Pitre only has 1 small
piece left. Randy Tetreault submitted a written waiver request.
Chairman King polls the members of the board for questions and comments.
Don MacVane asks what type of building; Paul Cardinal steps forward and shows the board the plan for the new building and comments that probably only the roof will be visible not the building as it sits down lower.
Paul Parker questions the number of loads and trucks per day; Paul Cardinal states about 3-4 loads per day; Paul Parker asks about the possibility of trailer trucks backing up waiting to get into the yard; Paul Cardinal advises the board that the trucks drive right into the yard, there will be no back-up of waiting trailer trucks; they drive into the yard and then back up to drop the material(s); the trucks do not back up from the street into the yard; Paul Parker asks about the type of landscaping the applicant is proposing; Paul Cardinal states there is overgrowth and burn; John Cardinal interjects that there could be some retaining wall built; Paul Cardinal states they could even do something of a block wall; Paul Parker asks at what point will landscaping added; John Cardinal states the burms are 8’ high; Don
MacVane suggests some type of trees; John Cardinal states power lines to close; Don MacVane feels that landscaping should be added and follows that statement with “you have the equipment to do this fix”.
Randy Tetreault takes over from Paul Cardinal by showing the Planning Board members the lines that are in the area; Don MacVane asks how far a distance are the lines to the burm; Randy Tetreault states approximately 160’.
David Kestner summarizes the work that has been done thus far and suggests how the applicant might address the front area.
John Cardinal states that he would like to leave it as it is and would like to fix it as we go along.
Chairman King voices his concerns and reviews the checklist of items as prepared by Paul Esswein from the TRC Meeting; in addition he has two other items noted during this session; parking lot, landscaping and turns to Paul Esswein asking about the items on the TRC checklist that he provided the Planning Board with; Paul Esswein states that during the review of the building permit application it was determined that it was an expansion of a non-conforming use, he further elaborates on the acquisition of 2 parcels of land and that a variance would be required to expand the use(s) onto that piece of property, the pit being filled in and reclamation of the site will be done; there is discussion on the land purchased from Pitre in 2003 and that a variance should be required for the expansion of use on the property, the other
area is a storage area on the right side of the driveway that is on another persons land; John Cardinal advises that they do not know what they are doing with the hole; Paul Cardinal asks if they can fill in and store concrete on it; a twofold statement was made yes/no as a variance would be required; Don MacVane suggests maybe a site walk should be conducted; Chairman King replies that it is not necessary for him, he’s been by and seen the operation. Jim Horgan asks about a plan for a wall, vegetation or landscaping for the full 160’
Chairman King makes a suggestion to continue this to another meeting, Jim Horgan would like to consider this; Hiram Watson would like to go with this tonight; Don MacVane would also like to go ahead with this and to see it beautified, feels they are a great local employer and agrees landscaping along the road should be completed; Paul Cardinal states they can do the landscaping.
Chairman King opens the floor to the public for comments and/or questions.
Betty Vachon voices her opinion about the Planning Boards requirements for beauty and landscaping on this applicant and asks why you did not put those same conditions on Packy Campbell as he’s developing the Mt. Vernon / Charles Street project; she adds that it burns her that the board lets Campbell get away with anything and you question these 2 applicants before you tonight.
David Kestner offers his opinion on the project, has no problems granting the waivers; Edward Weagle states that he reiterates all of the others comments and that the burm that is in place now just doesn’t cut it, more is needed; Paul Parker adds; something to make it look good.
Chairman King asks if any member would like to entertain a motion.
Jim Horgan motions to accept the application as complete, 2nd Don MacVane, discussion; Chairman King’s opinion is that he feels the application is quite incomplete; Paul Parker confirms that he feels the same way, Jim Horgan withdraws his motion; Chairman King asks about the waiver of 18.B.3-shapes, sizes, height, 18.B.4 is N/A; Don MacVane motions to waiver 18.B.3; 2nd Jim Horgan; no further discussion; all those in favor; motion passes; Chairman King motions to grant the waiver(s) of section 30 A-D complete; 2nd David Kestner; discussion; Jim Horgan questions the landscaping; David Kestner replies the applicant did not ask for it under #29; Paul Parker adds 30.D.8 noise issue; no further discussion, all those in favor; motion passes; Jim
Horgan motions to accept the application as complete; 2nd Don MacVane; discussion; Paul Parker questions Chairman King interpretation/reasoning of substantially incomplete; no further discussion; all those in favor; Paul Parker, Edward Weagle, David Kestner, Don MacVane, Hiram Watson, Jim Horgan; opposed Chairman King.
Don MacVane motions to approve the application subject to the approval by the Planning Department on the appropriate landscaping / buffer for the streetscape and to work with the Planning Department on the storage of product on the additional parcel; 2nd Jim Horgan; discussion; Chairman King entertains a friendly amendment for the development of a reclamation plan within 6-months of this approval for the J. Pitre land to be approved by the Planning Department for Tax Map R19, Lot 22 and 23; Don MacVane accepts the friendly amendment; 2nd Jim Horgan; Paul Esswein interjects to the Chairman as a point of order that the Planning Board needs to approve SUP (Special Use Permit) to be issued for the expansion of the non-conforming use prior to plan approval; Chairman King
point of order to Don MacVane that he needs to revise his motion to include the SUP; Don MacVane states yes, but I don’t know how to get there; that motion tabled and 2nd by Jim Horgan; Paul Esswein explains the approval of a SUP for non-conforming uses; Paul Esswein reads into the record the definition of a SUP; Jim Horgan motions to issue the SUP for the expansion of a non-conforming use for Tax Map R19, Lot #24; Paul Esswein adds for the use contemplated in the application; 2nd Hiram Watson; motion passes.
Don MacVane re-tables previous motion; recalling that motion: Don MacVane motions to approve the application subject to the approval by the Planning Department on the appropriate landscaping / buffer for the streetscape and to work with the Planning Department on the storage of product on the additional parcel; 2nd Jim Horgan; discussion; Chairman King entertains a friendly amendment for the development of a reclamation plan within 6-months of this approval for the J. Pitre land to be approved by the Planning Department for Tax Map R19, Lot 22 and 23; Don MacVane accepts the friendly amendment; 2nd Jim Horgan.
Randy Tetreault asks about the ZBA and SUP; Chairman King replies that the board suggested a variance and that the minutes should indicate requirement.
Chairman King asks for anything further that needs to come before the board.
Paul Esswein advises the members of the board that RSA is scheduled for a compliance hearing at the November Planning Board Meeting.
Chairman King states that he has been unable to nail down the Chair of the Selectmen to schedule a joint meeting to entertain discussion on Chapter 6 of the Master Plan; tentatively looking at Monday the 25th of September.
Chairman King asks Paul Esswein about the compliance hearing on Peter Alfe property on Route 11; Paul Esswein advises if it is a complete new building no compliance review but a full blown site review.
Chairman King asks if there is anything else that should come before the board. No comments heard.
9:00 pm
Jim Horgan motions to adjourn; 2nd Edward Weagle, no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 10-03-2006
Change in the 3rd paragraph, 4th line down on page 3 of 9 by removing the “t” from the word not so the statement reads, “David Kestner has “no” problem.
Change in 5th paragraph, 1st line on page 5 of 9 by replacing 2-lots with 2-driveways.
____________________________________ ______________________________
Charlie King, Chairman Date
Farmington Planning Board
| 
