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Planning Board Workshop Meeting Minutes 11-21-2006
PLANNING BOARD WORKSHOP MEETING MINUTES
TUESDAY – NOVEMBER 21, 2006
356 Main Street – Farmington, NH

Members Present:        Charlie King, Don MacVane, Hiram Watson, Jim Horgan,

Absent:         David Kestner – with notification

Selectmen’s Rep:        Paul Parker

Staff Present:                  Doreen T. Hayden

Public Present: Norman Russell, Margaret Russell, Paula Proulx, Cyndi Paulin

Chairman King called the meeting to order at 6:03 pm.  

·       Discussion: Re: Timing requirements of infrastructure improvements By: Dennis Roseberry and Joel Moulton.

Dennis Roseberry stepped forward to address the board with respect to the memo that was addressed to them from Joel Moulton who could not be in attendance this evening and Dennis Roseberry.  Dennis Roseberry opened the discussion by giving his views of what has transpired in the past 1 ½ years of his employment regarding the issuance of Certificates of Occupancy prior to the completion of the infrastructure of the project; addressed various concerns with abutters and developers that he’s entailed; addressed issues with the water shed / drainage and road conditions when projects have not completed the infrastructure; he and Joel would like to make the developers aware that the infrastructure needs to be taken care of 1st and foremost before any building permits are issued.

Chairman King reflects on recent applications where infrastructure has been roughed in and the building permit issued on recommendation of the Planning Board and that Dennis Roseberry and Joel Moulton have had to go out and chase developers to finish the infrastructure.

Dennis Roseberry discusses bonds and their reduction as the projects nears ending; but more often than not there is not enough money left at the end of the job to finish what the developers left incomplete.

Don MacVane asks if we should ask for the requirement of more bond money upfront than later on into the project; Dennis Roseberry agrees with Don MacVane and says that yes it can be done at the direction of the Planning Board; but would still like to see the board make infrastructure part of the condition of approval.  

Chairman King summarizes what he believes Dennis Roseberry and Joel Moulton are looking to accomplish.

Hiram Watson asks when does the bond get released and who makes the request that the bond be reduced, various discussions on subject matter.

Paul Parker comments that the suggestions that have been made are good and that he would encourage this stipulation to be incorporated at the request of Dennis Roseberry and Joel Moulton.

Hiram Watson asks if bonding should go on more projects; Dennis Roseberry suggests as protection to the Town of Farmington, yes you should; Don MacVane agrees that all projects should be bonded.
Hiram Watson asks if there is a bond on Mt. Vernon and Charles Street; Paul Parkers replies, yes there is but he is unsure the value of the bond.

Don MacVane asks if the monies are available.

Dennis Roseberry states that the residents are not burden by infrastructure, they are burden when the infrastructure is not being completed.

Chairman King examples Rochester as a basis for similar requirement of bonding monies that come due prior to issuance of the Building Permit.

Dennis Roseberry states it is dependant upon the size and one would tend to think that anything over 2-lot subdivision should have bonding to insure completion of infrastructure.

Hiram Watson states that he thinks some type of a chart to use as a basis would be helpful.

Paul Parker asks if discussions with applicants regarding this requirement are discussed at the TRC meetings.

Chairman King feels that with the departure of Paul Esswein that the Town staff is now having added responsibility to insure that all work is up to the Town of Farmington standards.

Chairman King offers his opinion of the difference between “bond” and “surety”.

Planning Board members and Dennis Roseberry discuss various ways for implementing bonding requirements; what the dollar amount that would be assessed and how those dollars will be dispersed and who makes that determination.

Dennis Roseberry gives his summary of what he and Joel Moulton are working together on to insure the roads are to the standards of the Town of Farmington.  Requests that this implementation be right up front at beginning of project.

Paul Parker suggests a certain amount of development can be built prior to infrastructure completion, Chairman King indicates this to be acceptable for some developers and that this is not feasible for other developers. Paul Parker also asks what section of the Subdivision Regulations would this fall under.

Jim Horgan interjects that 1st I would like to state the pleasure of the company of Dennis Roseberry; Jim Horgan has received unsolicited comments from various individuals stating that Dennis Roseberry is easy to get along with, he’s a straight shooter and that you are doing a great job.  Jim Horgan also brings to the table that he was contacted by John Law who indicated various concerns to him with regards to the start of the New Dam project.  

Jim Horgan adds that the suggestion of infrastructure should be addressed at the time of the TRC meeting and that maybe with the assistance of the Town of Farmington engineer or “an engineer” to discuss valid dollar bonding for the infrastructure of the project would be beneficial to make a dollar determination so that all are treated equally, fairly and with consistency.

Dennis Roseberry states that he would indicate and note at the TRC meeting the requirement for infrastructure and bonding which would then be passed on to the Planning Board Members.

Chairman King states that he echo’s the sentiments of Jim Horgan in treating all fairly and consistently and he thanks Dennis Roseberry for his time.

Don MacVane motions by recommendation to change the order of the posted agenda by moving up the 4th listed item since some of the members of the ZAMPS Committee are in attendance “Discussion: Re: Chapter VI of the Town of Farmington Master Plan and other unresolved Master Plan Sections”; 2nd Paul Parker, no further discussion; all those in favor; motion passes.

6:35 p.m.

Chairman King motions for a 5-minute recess; 2nd Don MacVane; no further discussion; all those in favor; motion passes.

6:45 p.m.

Chairman King reconvened the meeting.

Chairman King acknowledges that Jim Horgan would like to speak to the board regarding a phone call he received; Chairman King asks if this discussion can wait until after we hear from the ZAMPS Committee; Jim Horgan accepts.

Chairman King turns the floor over to Paula Proulx but first adds that after his review he thinks that some of the numbers under the school were not previously correct or could not substantiated.

Paula Proulx explains to board members the 1st version received from Paul Esswein and that even before ZAMPS had a chance to look at more information was needed from each of the department heads, the facilities schools were pretty much taken care of.  Paula Proulx adds that the revisions and comments have greater detail than all the various versions that have been distributed; Paula Proulx adds that tonight’s copy is the final combined of all drafts as put together by Norman Russell.

Don MacVane adds “good draft”.
Cyndi Paulin interjects that some school stuff that is on the State WEB site is contrary to the actual data.

Paula Proulx stresses this is a living document and will need to be updated periodically.

Margaret Russell stated that this document is in PDF file format only and never received a copy that was not in an electronic format that could / can be easily manipulated.

Cyndi Paulin interjects that she has an electronic version that was issued 1st and has not had any changes to it.

Chairman King states that from the original document nothing is different in the school portion.

Don MacVane states the picture of the small children should be changed and we should ask permission to have children’s pictures in the Master Plan.  Paul Parker asks if we know who the children are and the ZAMPS committee replies the picture was supplied by the Town of Farmington Recreation Department from a Hay Day Event.

Jim Horgan and Hiram Watson state the children’s picture should not printed, Paul Parker feels it adds a nice personal touch.

Margaret Russell states that the picture will be taken out, Norman Russell makes comment that later on in the Plan there are pictures of children in the Ball Field on page 8, comments are made that they are not recognizable.

Page 12 – Police and Fire Department we would like to see more of a professional picture particularly of the Fire Department.

Chairman King feels that the school has some depressing statements as well as some eye opening statements; questions Page 2 on the enrollment trends.

Paul Parker adds that some of the school inclusions are disturbing; Margaret Russell states they are the facts; Paul Parker asks if you can substantiate; Paula Proulx states yes, those are the numbers.

Cyndi Paulin adds that the school is reaching capacity partly due to the change as students function and as classroom studies also the curriculum requirements have changed.

Steve Durance interjects the issue of school at capacity is 400 now, 500 full; if growth then will be at full capacity, also adds that it was stated that Middleton is not in negotiations with New Durham so you can count on them for the duration.

Chairman King opens discussion on Chapter 3.0

Paula Proulx states Opera House structured from reference of Town Hall.

Chairman King opens discussion on Chapter 4.0; reflecting on the strikeouts as provided by Paul Esswein, those being removed, comments that those were busy words and not supporting.

Chairman King opens discussion on Chapter 5.0; reflecting on the old pg 6-14 strikeouts on garage on Baldwin Road; comments that grammatical errors were changed; bottom strikeouts on winter salt and salt storage facility on Baldwin’s Way.
Norman Russell entertains discussion about what is substantiated and the Town of Farmington well being in the general area and the storing of salt in that area. Norman Russell indicated that he’s reviewed sections with Joel Moulton and Dale Sprague and they have agreed and initialed the changes as suggested by Norman Russell.

Various levels of discussion regarding the additional 1300 new residential users without any compromise.

Norman Russell located who owned the leased property, does have answer but is not included in the Master Plan; Chairman King asks who; Norman Russell replies Aggregate Land Industries Company

Chairman King opens discussions on Chapter 5.1; 5.2; 5.3; various comments made.

Chairman King opens discussions on Chapter 5.4; specifically the 66 miles of road he feels is an issue because under 2.0 it reads approximately 68 miles; 30 municipal, 30 private and 8 state maintained; and then Chapter 8 states much different numbers, he believes it is 68 – 70; has a follow-on with actual lineal counts as developed by Paul Esswein that he is using to calculate.

Norman Russell points out that the ZAMPS did not capture the entire highway portion as it was provided by Paul Esswein, and the ZAMPS did not test it against the rest; we figured Paul Esswein conducted an interview with the Highway Department.
Comment made that the 2004 back-hoe should be clarified as a “shared” with the sewer department vehicle.

Discussion on the removal of action of the 395 feet elevation as detailed under 5.1

Chairman King offers 2 summaries – 1 photo of children and 2 miles of road; adds that the highway department is responsible for maintain Town of Farmington roads and to take out the reference to actual number of road miles.

Chairman King opens discussions on Chapter 7.0 – no changes

Chairman King opens discussions on Chapter 8.0 – no changes; but Chairman King asks about the 32,000; Paul Parker states it is in the budget; Margaret Russell adds that 2.5% is the rate, things could differ if more people sign on or more people sign off.

Chairman King opens discussions on Chapter 9.0; date of the police station is 1928; Norman Russell makes references to when the Town Hall burned down originally. Discussion of the adequacy of the Town building.

Chairman King opens discussions on Chapter 10.0 and 10.1 – no comments

Chairman King opens discussions on Chapter 10.2; Paul Parker suggests under #7 word change; others feel it should remain.

Paul Parker motions to accept chapter 6 as amended; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.

Chairman King opens discussions on Chapter 4; stating this still needs to be reviewed and addressed; would like to shoot on addressing at the next Planning Board Workshop Meeting of 12/19/2006; Paula Proulx states that Chapter 4 is as given and should be a go; Chairman King states that he wants a 2nd look at; Paul Parker asks if the information in Chapter 4 is as current as other Chapters; Paula Proulx states yes; Paul Parker, Jim Horgan, Hiram Watson and Don MacVane indicate to let Chapter 4 go; Don MacVane adds as long as it is accurate.

Don MacVane motions to consider the discussion of Chapter 4 at the next regular Planning Board Meeting of 12/05/2006; 2nd Paul Parker; discussion; Jim Horgan says it’s ready let’s go; no further discussion; all those in favor; motion passes; and added note the version everyone is working from is dated 03/21/2006 the most current version.

At the 12/19/2006 Planning Board Workshop Meeting Paul Parker voiced his concern over the above motion and discussed with Jim Horgan his recollection of that motion; it was reviewed and discussed for accuracy; the consensus of the board is this is an inaccurate motion.  The board is amending the motion to read “Accept these minutes as amended noting that Chapter 4 needs to come back for review and discussion; all those in favor; David Kestner abstains, David Meehan abstains, no further discussion; all those in favor; motion passes”.

Chairman King notes that the Implementation Chapter is left for review and discussion.

Paul Parker questions what work sheets and forms; Norman Russell states that Ernie Creveling gave out the original documents to the department heads; Norman Russell also suggests piloting an implementation program / chapter from another town to use as an example tool to aide in the development of our own Implementation Chapter; Paul Parker asks how extensive Chapter should be; Paula Proulx interjects that this is a living document and to show how the actions as implemented and its successfulness; It is used as a target.

Chairman King asks Paula Proulx about the petition that is being circulated regarding the Urban Residential Zone and the Board of Selectmen and Capital Improvement Committee as submitted by Selectmen Gerry McCarthy; Don MacVane read the petition into the record; It was summarized that Gerry McCarthy is proposing under RSA 674.5 to have the BOS undertake the CIP program; Paul Parker reads into the record RSA 674.5 for the CIP project and the responsible party; Hiram Watson argues the point about the Planning Board appointment of CIP; discussion on the legislative body “voters” not the BOS; Gerry McCarthy is suggesting the BOS appoint the CIP.

Chairman King motions to move up discussion by Jim Horgan regarding the phone call he received; 2nd Paul Parker; no further discussion; all those in favor; motion passes.

Jim Horgan states it’s just a short story; John Law had called and expressed concerns over Waldron Road development (New Dam) John Law suggested and Jim Horgan agrees that the board should take a few minutes for a site walk if not as a group then at minimum individually to see that (1) ditch taking place is a 4-5’ hole on the road and (2) entrance way is into the street versus graduated.

Chairman King states that a compliance hearing is certainly with in the board right; asks the members to take some time and visit the site; if issues are to defined check with the CEO Dennis Roseberry to investigate if the applicant is in compliance.

Paul Parker states concerns with safety; asks if the drainage issue is causing potential hazard; Don MacVane suggests that the proper department be called i.e.; Joel Moulton, Director of Public Works.

Jim Horgan motions to continue this discussion to the next regularly scheduled meeting of 12/05/2006 to see if the applicant is in compliance; 2nd Don MacVane; Chairman King adds to the motion for the boards’ secretary Doreen T. Hayden to inform / notify Joel Moulton and Dennis Roseberry for potential concerns; 2nd Don MacVane; no further discussion; all those in favor; motion passes.

·       Discussion: Re: Hazardous mitigation State DOT letter / Hazardous Mitigation Plan.

Chairman King states that since this section was just handed out this evening that he does not feel time is sufficient now; Don MacVane motions to continue to move this discussion to the next Planning Board Workshop Session of 01-16-2007; 2nd Chairman King; discussion; Paula Proulx asks for time with the BOS and the Planning Board for real discussion on the Plan; no further discussion; all those in favor; motion passes.

·       Discussion: Re: Zoning Ordinance Table of Permitted uses; Section VI – Commercial and Industrial allowed uses.

Section VI – Commercial & Industrial

Chairman King asks why is it structured that way, asking the more senior members for reasoning behind.

Norman Russell thinks some of it’s typos’; Paul Parker agrees; Chairman King asks for all of the 1st four bulleted items under the SR listed as PR be removed and replaced with the – (meaning not an allowed use).
Under Financial institutions and Financial institutions with a drive-through - discussion is entertained and agreed to add as PR in the UR zone for Financial institutions and as PR for Financial institutions with a drive-through Hiram Watson, Jim Horgan, Don MacVane; those for having as a S.E. Chairman King and Paul Parker; for the IB Zone as SE; Paul Parker says leave as is (dash); Chairman King SE for both types; Don MacVane for both types; Hiram Watson says either; Jim Horgan says PR; for the VC Zone; all members agree to leave it as is.

Discussion of the next few uses; professional / business; repair service not included motor vehicle; small engine repair; fact is stated that the ORB is over 1 of the aquifers and that the uses are limited as to not impact those.

Paul Parker asks if there’s no problem or issues why change; Don MacVane says we shouldn’t be tweaking the table of permitted uses; Don MacVane offers his opinion of what the boards vision for Farmington is; Paul Parker reflects that we need to look at Route 11 corridor and determine what is needed.

8:55 p.m.

Jim Horgan motioned for a 5-minute recess; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.

Chairman King asks Doreen T. Hayden to note for the record that Hiram Watson will be leaving at 9:15 pm for a previous appointment.

8:59 pm

Jim Horgan motions to continue the meeting to 9:20 pm; Paul Parker makes a friendly amendment to make it to 9:30 pm; no further discussion; all those in favor; motion passes.

Discussion on the IB Retail Stores – 2,500-7,500; Chairman King thinks it should be SE; Paul Parker thinks it should be a dash “not allowed”; Jim Horgan comments that retail covers lot of things and discussion on various entities that are retail related.

Discussion on the IB Small Scale Retail Stores

Discussion on the UR Grocery Store – Don MacVane, Paul Parker and Jim Horgan feel it should be changed to SE and not as a dash “not allowed”.

Discussion on the Motor Vehicle Serv. Facility – Paul Parker feels that the definition of a Motor Vehicle Service Facility should be adjusted and reviewed.

Discussion on the Motor Vehicle Repair Facility – Consensus was this should be consistent with Service Facility.

Discussion on the Motor Vehicle Sales Facility – Chairman King reflects on other towns with littered sales facility everywhere, something we don’t want here; Don MacVane comments about the Motor Vehicle Sales Facilities on Route 11 in the Rochester area and how they have changed hands multiple times now they sit empty.
Discussion on the Warehousing use – Consensus was to make it SE in the ORB Zone.

Discussion on the Self Service Storage Facility  - Consensus was to make it SE in the ORB Zone.
Norman Russell asks what control do you have over what is stored in those facilities.

Discussion on the Wholesale Sales – consensus was to make it SE in the ORB; Paul Parker and Chairman King ask what use in the ORB if nothing has already come to even allow a choice.

Jim Horgan motions to continue this discussion to the next Planning Board Workshop Meeting of 12-19-2006; 2nd Paul Parker; no further discussion; all those in favor; Don MacVane is opposed; motion passes.

Don MacVane offers his views on how to attract businesses to Farmington.

9:20 pm

Chairman King motions to extend the meeting 5 more minutes; 2nd Paul Parker; no further discussion; all those in favor; motion passes.

Don MacVane reads into the record Gerry McCarthy’s petition with regard to section 2.04 table relating to density changes.

Norman Russell addresses the board and states this is the 1st time I’ve heard of this; Norman Russell would favor; not to optimize that we will come up with a meaningful change to the 5000 density; Norman Russell further offers his opinion on what should and should not be achievable; 5000 sq. ft. has not worked out, feels that the 10,000 would work but would need safeguards in place.

Chairman King discusses the UR District containing a lot of land and that we need to review for connecting to the VC District; voices concerns on our wastewater system stating currently we allow incentive with water and sewer; the BOS is looking to implement a moratorium on hook-ups.

Chairman King motions to continue this discussion to the next Planning Board Workshop Meeting of 12-19-2006; 2nd Jim Horgan; no further discussion; all those in favor; Don MacVane is opposed; motion passes.

9:42 pm

Jim Horgan motions to adjourn; 2nd Paul Parker; no further discussion; all those in favor; Don MacVane opposed; motion passes.

APPROVED AS AMENDED 12-19-2006
Page 6 of 8 – 1st paragraph added missing referenced RSA number 674.5 in both 2nd and 3rd lines
Page 5 of 8 – paragraphs 10 & 11 regarding motion of Chapter IV of the Master Plan; Motion revised and noted.
________________________________                                        _________________
Charlie King, Chairman                                                          Date
Farmington Planning Board