PLANNING BOARD MEETING MINUTES
TUESDAY – NOVEMBER 7, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Hiram Watson, Jim Horgan, David Kestner,
Edward Weagle – Alternate – Walked out after learning that the Board Of Selectmen had not addressed his appointment as a full time member.
Selectmen’s Rep: Paul Parker – Absent (working the voting polls)
Staff Present: Doreen T. Hayden
Public Present: Paul Zuzgo – Eckmann Engineering, Thomas Schofield, David Vincent – Land Surveying Services
Chairman King called the meeting to order at 6:10 p.m.
1st order of business is to review and approve the meeting minutes of 10/03/2006 – Jim Horgan motions to approve as written, 2nd Don MacVane; discussion; Chairman King would like it noted for the record that the Selectman’s Representative attendance should be changed from none present to Absent with notification; no further discussion; all those in favor; motion passes.
2nd order of business is to review and approve the meeting minutes of 10/17/2006 – Jim Horgan motions to approve as written, 2nd David Kestner; discussion; David Kestner indicates two corrections; Page 1 of 6; 10th typed line; change the word could to come; Page 3 of 6; 5th typed line; to add the letter b before the lonely letter e; no further discussion; all those in favor; Don MacVane abstains; motion passes.
· Discussion: Re: The release of escrow funds to Holy Rosary Credit Union.
Chairman King indicated that he had spoken with Dale Sprague – Town of Farmington Water and Waste Water Superintendent with regards to the installation of a fire hydrant as detailed in a Memo dated 08-29-2006 from Matthew Enman of Whitcher builders, Inc.; Dale Sprague indicated that no one has been in contact with Whitcher Builders to schedule this and that he will follow-up and contact Matthew Enman to schedule.
David Kestner stated that the State of New Hampshire does not allow digging after November 15th and if the Town of Farmington were inclined they would need to write a letter to the DOT requesting approval. Jim Horgan motioned to continue this discussion to the next Planning Board Meeting of 12/05/2006 to allow time to contact applicant and discuss with Dale Sprague; 2nd Don MacVane; Chairman King asks for a friendly amendment to this motion to allow release of those funds being held in escrow; 2nd Hiram Watson adding that this should be contingent upon Dale Sprague – Town of Farmington Water and Wastewater Superintendent notification by letter of a committed date for fire hydrant installation.
· Discussion: Re: Equivise, LLC Application – Request for continuance to the February 6, 2007 Planning Board Meeting.
Chairman King summarized the previous events of this application and further stated that the applicant will need to re-notice all of the abutters due to the lapse in time as well as a public hearing notice in the local paper and have the responsibility of repaying all of the associated fees; Jim Horgan motions to continue with discussion on this application as requested by the applicant to the February 6, 2007 Planning Board Meeting; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
· Compliance Hearing: Peter Alfe (Tax Map R03, L#004); In regards to the N.O.D. (Notice of Decision) requirements from Planning Board Meeting of 07-11-2006; 4 Conditions of compliance apply. On 10-23-2006 the applicant requested an extension until 12-05-2006.
Jim Horgan motions to continue discussion with applicant at the 12-05-2006 Planning Board Meeting; 2nd Don MacVane; discussion; Chairman King feels that the applicant is totaling revising his original project and that the Planning Department needs to ensure that the applicant is award that this application cannot be continued if it is going to completely be revised and the applicant would need to reapply under a new Site Plan Review Application; no further discussion; all those in favor; motion passes.
· Continuation of Discussion: From 10-03-2006; By: Donald Sullivan and Lisa Beede (Tax Map R48, Lot #10); In regards to Site Plan Review Application to operate a sign installation business from their residence located at 268 Charles Street; located in the Rural Residential (RR) Zoning District. ZBA approval for (SE) Special Exception granted 06-01-2006 with several conditions.
Jim Horgan motions to continue this application to the next Planning Board Meeting of 12-05-2006; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
· Compliance Hearing: RSA Development, LLC (Tax Map U12, Lot #23); In regards to the N. O. D. (Notice of Decision) requirements from Planning Board Meeting of 07-11-2006; several conditions of approval to be reviewed.
Chairman King reads a Memorandum from the Water and Wastewater Department Superintendent Dale Sprague regarding the infrastructure requirements; Chairman King further indicates that the grading, utilities, and erosion plan are to be approved; Chairman King stated that he spoke with Dale Sprague, Joel Moulton and Dennis Roseberry; Moulton and Roseberry have no immediate issues; Sprague relayed comments about the site conditions relating to the water line relocation and that sewer installation is as stated; Chairman King states that he’s reviewed the Condo Documents, the Town Attorney states they are acceptable; the revised utility plan is okay by Dale Sprague; Chairman King further indicated that he discussed with Dale Sprague the requirement for “as builts” and that Chairman King will follow-up
discussion with Dennis Roseberry, CEO.
Jim Horgan motions to have the “as builts” submitted to Dennis Roseberry, Town of Farmington CEO; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Chairman King asks if there is any other business that should come before the board.
Chairman King reads a Memo addressed to the members of the board from Dennis Roseberry and Joel Moulton requesting the Planning Board implement a procedure relating to watershed and infrastructure requirements prior to the issuance of any building permits; Chairman King polls the members for their thoughts or comments;
Jim Horgan states “whatever makes that mans life easier” “I’m in support of whatever he needs” Hiram Watson asks storm water extent? Chairman King replies not sure about either of their intents; Jim Horgan thinks maybe Dennis Roseberry and Joel Moulton should be here to discuss; David Kestner summarizes the thoughts; Don MacVane is in favor of having the work as smooth as possible; Board members entertain various discussion levels of the storm water requirements as referenced in Roseberry/Moulton Memo; David Kestner states that basically they want the work done prior to issuance of building permit(s). David Kestner, Chairman King, Jim Horgan all agree watershed study needs to be interpreted by Dennis Roseberry understanding; Chairman King adds that a N.O.D. (Notice of Decision) is the
document that the Town of Farmington will be held to and that document of record should be very clear;
Chairman King further stated by motion suggesting that attendance at the next Planning Board Workshop of 11-21-2006 be attended by Dennis Roseberry and Joel Moulton to allow discussion of their request; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Chairman King passes around a color copy (dated 10-26-2006) of a site excavation that is going on with no permit on file; this is the land of Floyd Tanner; (Tax Map R19, Lot #15) at 39 Main Street; this application for Earth Removal was previously submitted 06-02-2006; presented before the Planning Board at their 07-11-2006 meeting, continued to the next Planning Board Meeting of 08-01-2006 for which the applicant never showed; hence issued N.O.D. dated 09-06-2006 as application being incomplete.
Chairman King reads into the record a letter addressed to the Planning Board from the State DOT Re: Hazardous Mitigation, Chairman King wants to add this to the schedule for the next work session asks Doreen T. Hayden to make copies during the break.
Chairman King reviewed the minutes from a November 2, 2006 meeting that was attended by himself, Board of Selectmen - Chairwoman Paula Proulx, Paul Esswein, Dennis Roseberry, and Doreen T. Hayden; gave an overall review of the form Planning Department Review Process Outline detailing responsibilities and acknowledged that all of this information has been given over to the Board of Selectmen to aid them in their search for a replacement of Paul Esswein who resigned effective November 3, 2006; Chairman King added that some of the responsibilities will fall to Dennis Roseberry and other responsibilities will fall to an outside contractor(s) and/or legal. Chairman King restated his “3” musts for the hired contractor; reviewed with the board members the Zoning Review Procedure Check Sheet; advised the members
that the Board of Selectmen have 2 candidates for interview and that hopefully 1 of the candidates will be chosen and on board prior to the TRC (Technical Review Committee) Meeting of Thursday, November 16, 2006.
Chairman King asked David DeJager to step forward and address the members of the board; Chairman King reviewed the changes that have been made to the Mechanic Street sight but not on the plat, reviewed the letter to David DeJager from Dennis Roseberry listing those 2 violations (1) additional paving beyond the approved (2) additional Mobile Home on site; advised Mr. DeJager that this is not a public hearing and the board cannot consider modifications of the existing plat; Chairman King polls the board members for any questions.
Chairman King indicated that he has concerns for signing the plat.
Don MacVane asks for the applicant to speak; Mr. DeJager addresses the board, points to various areas on the plat that he’s brought forth to the members; states that the plat will need to be redone, the registry of deeds will not accept any plats with strikethroughs; Mr. DeJager summarizes to the board the events from May 06 to present on the issues with the Mylar. Chairman King summarizes his discussions with Dennis Roseberry regarding the removal of the Mobile home and the removal of topcoat pavement, but indicated that it could be destroyed if the Mobile home is removed prior to pavement adherence. Chairman King refreshes the board members as regards to the changes in the Village Center that now disallows any Mobile homes in the Village Center.
Jim Horgan states that Mr. DeJager has demonstrated in the past that he works with the Town and resolves issues and the signing of the plat is just an administrative function; Don MacVane agrees with Jim Horgan and offers his approval to have the Chairman sign the plat; David Kestner agrees with all; David DeJager indicated that he will work with the Town of Farmington to correct his violations.
Jim Horgan motions to permit the Planning Board Chairman to sign the Mylar/plat for Mr. DeJager and his project on Mechanic Street; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
· Public Hearing: Re: Amendment of the Site Plan Review Regulations to define “change of use” projects as applied in the Village Center District.
Discussion in work sessions – more use allowed in the Village Center; 1st Public Hearing tonight; 2nd Public Hearing will be 12-05-2006; Change of use definition; 1st Public Hearing tonight; 2nd Public Hearing will be
12-05-2006.
Don MacVane feels that the change of use should flow through the whole town.
Chairman King entertains various levels of discussion on the subject changes; Chairman King motions to accept these changes as so discussed and to post for a 2nd Public Hearing on 12/05/2006; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
· Public Hearing: Re: Adoption of Traffic Impact Analysis criteria to be referenced in the Subdivision Regulations and the Site Review Regulations in the Town of Farmington.
Chairman King asks the board members for their thoughts / ideas on when and if we would require a study as detailed in the minutes of the October 3, 2006 Planning Board Meeting.
Chairman King motions to post this for a 2nd Public Hearing that will be conducted at the December 5, 2006 Planning Board Meeting; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
7:04 pm
· Subdivision Application: For a proposed 3-lot Subdivision By: Jeffrey S. Buote & Katie R. Stevenson; (Tax Map R59, Lot #24); Property located at 186 Ridge Road; in the (AR) Agricultural Residential Zoning District.
Don MacVane states that his 1st thought is that he could have a conflict as he’s worked with Mr. Buote in the past; Paul Zuzgo – Eckmann Engineering advises Don MacVane that it is the other Buote brother for which Don MacVane has had business with.
Paul Zuzgo – Eckmann Engineering provides the board members with a summary; 9.4-acres on Ridge Road; 3-lot subdivision; currently has 1 house and 2 mobile homes on parcel; mobile homes are 25+ years; the lots to be created would be 3.24-acre; 3.25-acre and 3.03-acre; this meets all of the Town of Farmington regulations and have applied for the State subdivision approval.
Chairman King brought up for discussion the test pits that show they are for the 2-mobile homes; the existing house has a new septic system; re-examines the Technical Review Committee minutes and the documents as provided; reviews the submitted waivers; inquiries about the road agents future needs for driveways and culverts; Chairman King indicated that he’d spoken with Joel Moulton and asked how this would get done and was advised in the future will be working in the area; did provide some suggestion requests of the applicant.
Don MacVane questions the driveways; David Kestner asks who’s going to be doing work? Chairman King states Joel Moulton advised the work will be the responsibility of the applicant initially and any work over and above the standard the Town of Farmington will be borne by the applicant; Chairman King replies that at times the Town of Farmington has had the individuals be responsible.
Paul Zuzgo initiates a scenario where if there were no subdivision going through that the applicant would not be responsible; Chairman King states that has not happened in the past.
Chairman King continues his review of the TRC Department Head comments.
Jim Horgan inquires about the cost issues with the culverts as well as the elevations.
Hiram Watson states this is a nice plan; but has concerns regarding the costs of the culvers and how will that be resolved?
Don MacVane throws out a number of $200 a pop for discussion; plus gravel and other material and re-grading; Paul Zuzgo indicates that Mr. Buote has his own equipment to perform culver installations; Don MacVane asks what stipulations should we put on the applicant.
David Kestner suggests that if we in fact impose criteria based upon the determination of Joel Moulton that maybe we should collect money up front to cover costs; discussion ensues – various comments spoken and opinions given on how to resolve.
Jim Horgan suggests that the approval be framed upon contingencies.
Chairman King asks if we should accept the application as complete; Don MacVane asks about waiver(s); David Kestner interjects there are no waivers in the package; makes recommendation on solving the issue now.
Jim Horgan would motion to accept the application as complete with contingencies that the applicant is to supply in writing a written waiver request A.S.A.P.; 2nd Don MacVane; discussion; Don MacVane offers a friendly amendment by asking the applicants representative Paul Zuzgo to write the waiver request on the bottom of the narrative that he submitted; Hiram Watson offers his agreement to this; David Kestner has no objection; Chairman King restates Jim Horgan motion of accepting application as complete; 2nd Don MacVane; Chairman King offers comments on the buildable septic and 40K contiguous uplands; no further discussion; all those in favor; motion passes.
Chairman King states the last issue would be of cost and replacement; Hiram Watson interjects that he does not see a lot of elevation; Paul Zuzgo replies this is very flat area; Hiram Watson thinks this is more than a couple of hundred dollars due to the head walls that are in the area; Paul Zuzgo points to areas on the plan that identifies driveways;
Chairman King motions to have the applicant bear the lots burden of cost of culverts only if and when placed by the Town of Farmington; discussion; Paul Zuzgo asks when these lots go for sale this should be disclosed; Chairman King states to note this on the plan; Don MacVane interjects that he was just going to say that; Jim Horgan offers that this should be applicable to all 3-lots; 2nd Don MacVane; discussion; Chairman King would like to add that the Town of Farmington is responsible for placement of culvert and repair of the driveway within the extents of the R. O. W. ; Chairman King motions to approve the application contingent upon this and previous motion(s) and receipt of State Subdivision Approval; 2nd Don MacVane; no further discussion; all those in favor;
motion passes.
· Subdivision Application: For a proposed 2-lot subdivision By: Thomas Schofield; (Tax Map R20, Lot #28); Property located at 56 Meetinghouse Hill Road; (in the (AR) Agricultural Residential Zoning District.
David Vincent – Land Surveying Services representative for applicant; summarizes this as a 6-acre parcel located on Meetinghouse Hill Road just up from the Route 11 intersection; there is an existing dwelling and barn with septic and well on-site; wetlands have all been identified; the parcel has more than the required frontage; meets all of the Town of Farmington setback requirements.
Chairman King advises that the lots should be identified as Lot # 1 and Lot # 2; not Lot #28-0 and 28-1 as identified on the plan; David Vincent turns and asks Doreen T. Hayden the status of the driveway permit; she replies that she is waiting for the public works director to return the driveway application permit; Chairman King reviews the package contents and reflects that there are no requests for waivers included in the application package.
Don MacVane motions to accept the application as complete; 2nd Jim Horgan; discussion; David Kestner states there should be a waiver for the issue of 200 feet between adjoining properties; Chairman King agrees with David Kestner; David Vincent – Land Surveying Services addresses David Kestner questions and David Kestner replies that should be 200 feet all around demilitarized area! Don MacVane asks that the applicant write their waiver request on the bottom of the narrative as the applicant before this did the exact same; Chairman King adds a motion to grant a waiver of Section 7 paragraph 3 contingent on apply in writing; the waiver request is written on the narrative; 2nd Jim Horgan; discussion; Chairman King questions the proposed driveway placement being
lower than the stone wall; David Vincent replies and states it will be based on the road agents requirements; some various options for driveway(s) discussed ultimately being based on the road agents requirements; Chairman King summarizes 3-issues; (1) re-numbering of lots; (2) subdivision approval to be added to the plan; (3) driveway placement proposed to be set will be by the road agent for 2-lots; Jim Horgan motions to approve the application based upon conditions as stated; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Don MacVane asks if there is any other business to come before the board.
Chairman King states that he did not have a chance to speak with Mr. Weagle prior to his departure and the Chair of the Board of Selectmen has indicated that they will put his appointment to full-time status on the next agenda; Chairman King further indicated that he would call and encourage the applicant to rejoin the board.
Chairman King reviews the agenda items for the next Planning Board Workshop of November 11; Dennis Roseberry and Joel Moulton to discuss infrastructure implementation prior to issuance of building permits; discussion of the Master Plan various sections; changes to the Zoning Ordinance Table of Permitted Uses; changes in density in the (UR) Urban Residential Zoning District.
Don MacVane initiates a point that the Planning Board should meet and discuss with the Board of Selectmen sidewalks in the Town of Farmington; stresses that he feels this should be discussed; Chairman King interjects not at this time.
7:58 pm
Jim Horgan motions to adjourn; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
APPROVED AS WRITTEN 12-05-2006
_________________________________________ ____________________
Charlie King, Chairman Date
Farmington Planning Board
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