PLANNING BOARD WORKSHOP MEETING MINUTES
TUESDAY – DECEMBER 19, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Hiram Watson, Jim Horgan, David Kestner,
David Meehan-Alternate
Absent: Don MacVane – with notification
Selectmen’s Rep: Paul Parker
Staff Present: Doreen T. Hayden
Public Present: None present
Chairman King called the meeting to order at 6:15 pm.
Chairman King seated alternate member David Meehan for John Law.
1st order of business – Review and Approve Meeting Minutes of 11/21/2006:
Chairman King motions to approve those minutes as written, 2nd Jim Horgan; discussion; Paul Parker would like to bring the boards attention to Page 6; 1st paragraph; missing RSA reference numbers; in both 2nd and 3rd lines RSA 674.5 should be inserted; one other objection he would like to bring forth speaking directly to Jim Horgan questioning Jim Horgans’ recollection of the discussion and motion regarding Chapter 4 of the Master Plan; referring to page 5 of 8; Paragraphs 10 & 11; asking if Jim Horgan was making a motion to move forward on Chapter 4 as complete; Paul Parker concerned that review of this Chapter 4 is still needed; some individuals took Jim Horgans’ statement of “it’s ready let’s go” as no further review required; when in fact more review and discussion on this Chapter 4 is required; After further discussion and consensus the Motion is now amended to 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 would like to add that a discussion be added to the Agenda of the January 2, 2007 Planning Board Meeting as this agenda is not overly packed and we could discuss this Chapter 4 at the end of the Public Hearings.
Chairman King advises the board that discussion on the petitioned amendments needs to take place in order to post for public hearing on January 23, 2007; to post for a public hearing on January 23, 2007; the verbiage must be into the Planning Department prior to 4:00pm on the 10th of January for insertion into Fosters on the 12th of January; Paul Parker questions why we can’t discuss it tonight; Chairman King replies that we need to work on what we are going to put before the Town of Farmington.
Jim Horgan motions to put this discussion on the January 2, 2007 agenda; 2nd Hiram Watson; David Kestner indicates that he is not ready to discuss; Paul Parker indicates that he would like to discuss this tonight.
Paul Parker addresses the Chairman asking if the Chairman would consider moving the last 2 items up on the agenda and moving the Zoning Ordinance T. O. P. U. discussion to the end; the Chair agrees with this request.
Continued Discussion: Re: 2nd Public Hearing for the Amendment of the Site Plan Review Regulations to define “change of use” projects as applied in the Village Center District.
Chairman King advises the members of the board that the Town of Farmington Attorney has rendered his legal opinion on the Amendment changes and Doreen T. Hayden has given each one of you a copy of that; Chairman King further states that a change to the Village Center would require changes to the Zoning Ordinance and that we cannot just change the Site Review Regulations; Chairman King reads into the record the legal opinion of Attorney Tim Bates; Chairman King reviews adding the 1500 square foot language and adding that requirement to the T. O. P. U. as an additional line item; Chairman King polls the members for their views; Jim Horgan – make the change; Hiram Watson – fine; Paul Parker – we need to do it; David Kestner – all set; after further discussion it was agreed that the discussion of this
item be tabled for now.
Continued Discussion: Re: Petition as submitted by Selectman Gerry McCarthy with regard to Section 2.04 Table relating to the density changes.
Chairman King turns to Paul Parker who has spoken with Gerry McCarthy regarding this and asked if Gerry McCarthy had turned these petitions over to the Town Clerk by the required submission date of 12-13-2006 and that are these 2 petitions ready to go forward for warrant and will they be looking toward the Planning Board for approval and recommendation or not; Paul Parker was not sure, but made a cell phone call to Gerry McCarthy who did not answer, but shortly thereafter returned Paul Parkers phone call and indicated that yes he did submit to the Town of Farmington Tax Clerk these petitions by the required submission date; Chairman King reads into the record the 1st petition as submitted by Gerry McCarthy; Discussion ensues on going forward with the recommendation of this petition. Paul Parker entertains
discussion regarding the 10,000 square foot requirement and commented that this has been previously related to “sprawl development” and that the previous 5,000 square foot requirement led to back development.
Jim Horgan thinks this is similar to an issues with the previous petition submitted by residents on Winter Street regarding density and aesthetics’ also making reference to lot size increase(s) and that any changes to hook up to water and sewer need to be well defined.
Paul Parker states that the Town of Farmington has capacity issues with the sewer now and that with this petition it would decrease the existing problem.
David Kestner adds that you could get 4 units on ½-acre now with the new density it would reduce it to 2 units on ½-acre; impact would be less. If you have ½-acre lots now with 4 units and if the petition goes through now only allowed 2 units on the parcel but be able to hook-up to water and sewer. David Kestner also offers discussion on what the previous impact of the density changes would have allowed.
Paul Parker and David Kestner entertain discussion of the 5,000 and 10,000 density benefits and negatives.
Chairman King asks David Meehan for his thoughts; David Meehan questions what it is the board is trying to accomplish; Chairman King offers an explanation.
Chairman King does not feels that the board is prepared to put forth anything to the Town of Farmington voters; he feels this should be a notice for a public hearing; Hiram Watson asks if we have time for a public hearing; Chairman King says we are having a meeting on the 2nd of January 2007, 2nd meeting on January 16th and if need be a third could be on the 23rd of January; Paul Parker asks if we need to have 1 or 2 public hearings; Chairman King advises that we can do it in 1 public hearing meeting if there are no substantial changes; Paul Parker questions the petitions stating that we can’t change anything; we can only have 1 public hearing and that the Table of Permitted Uses (T. O. P. U.) would require at least 2 public hearings.
David Meehan asks how the UR Zoning district is built out; Chairman King offers comment.
Jim Horgan states that he can not support this because over time we’ve taken steps backwards; we’ve paid out a lot of money to get to where it is now; I feel hard pressed not to do it and that if it doesn’t happen this year then we should consider working on it next year.
Chairman King asks if a motion should be made to put anything to forth to the voters; David Meehan states he’s not ready; Hiram Watson states that he’s sitting on the fence with this one and would like to see a public hearing; David Kestner states this has been brought forth by the people, agrees with the other members in that it’s too late in the game to propose any changes; if the people vote and vote it in it’s done; it will address issues; bottom line to late in the year to proceed.
Paul Parker offers that if it was June or July we could have ample time; but at the last hour to make changes he doe not think we would accomplish what the board set out to do and that the 5,000 square feet is not working; Paul Parker also adds that he feels a sub-committee should be established to assist in addressing this issue.
Jim Horgan motions to post this for public hearing on 01-16-2007 for a review and comment on the warrant article by petition for the proposed Zoning density change; 2nd Paul Parker; (this will need to go to Fosters on 01-03-2007 for inclusion in the 01-05-2007 publication issue); no further discussion; all those in favor; motion passes.
David Kestner motions to not put anything forward in front of the voters as it is to late in the year with regard to the density change; 2nd David Meehan; discussion; Chairman King would like to add a friendly amendment to add this to the work plan for the year 2007; David Kestner accepts Chairman King’s friendly amendment; no further discussion; all those in favor; motion passes.
2nd Petition as submitted by Gerry McCarthy: To authorize the Board of Selectman to appoint a Capital Improvement Program Committee per RSA 674:5 of the NH Planning and Land Use Regulation.
Chairman King reads into the record the warrant article by petition.
David Kestner reviews RSA 674:5 and feels that this RSA already states that the Board of Selectman are authorized to accomplish this and agrees with the argument by Hiram Watson of the same fact; Paul Parker states that he’s read through this RSA and still believes that the Selectman must be given permission that they don’t have the authority; Hiram Watson asks why because it’s a legislative (people) body and not a governing (selectmen) body; Jim Horgan asks why are we questioning; Hiram Watson adds that this should just post it and if we let it go to legal it will cost to much money; Hiram Watson also feels that this could be reviewed and then have completed by March / April time frame and present it in August to the Budget Committee for them to work on.
Chairman King motions to post this for public hearing to allow review and comment at the Planning Board Workshop Meeting of 01-16-2007 (this will need to go to Fosters on 01-03-2007 for inclusion in the 01-05-2007 publication issue); 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
David Kestner motions for a 5-minute recess; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
7:20 pm
Chairman King reconvenes the meeting
Continued Discussion: Re: Zoning Ordinance Table of Permitted Uses; Section VI – Commercial & Industrial allowed uses.
Wholesale Sales:
Paul Parker states that he is not in favor of SE in the ORB Zone Jim Horgan inquires about medical equipment as wholesale sales; Chairman King replies if it can meet the threshold; Discussion on various entities for wholesale sales, views and opinions shared on what to place in the different Zones; Paul Parker feels that guidelines could help with defining criteria for an SE.
Chairman King polls the members on adding SE to the ORB Zone; Jim Horgan – yes; Hiram Watson – yes; adding that there is a lot of business that cannot come; we have no Economic Development; a friend of mine has owned land for a very long time and can not do anything with it; David Meehan – okay; David Kestner feels that wholesale sales is a very large and encompassing industry, not sure if we understand just what it includes; could be on the lines of a Budweiser Plan, a Potato Chip distributor; I’m going to pass on this; Vote for adding SE in the ORB Zone is 4 in favor; Chairman King, Hiram Watson, Jim Horgan, David Meehan; 2 opposed – Paul Park and David Kestner.
Paul Parker asks why are we making changes in the ORB, and that most of the changes have been made in the last few meetings; Chairman King disagrees with that statement and reviews just what he’s changed in the last few meetings.
Trucking & Distribution Facilities:
Jim Horgan has no problems with adding a SE in the ORB; the definition of SE dictates what is harmonious in that Zone; we should have faith in the ZBA decision.
Paul Parker asks how that would compliment an Insurance Company; there is quite some bantering back & forth between Paul Parker and Jim Horgan on this use in an Office Park area; Paul Parker cannot make the connection of a trucking company in the ORB Zoning District.
Hiram Watson adds that he does not have a problem with this; as he looks at our EDC he suggest something in the line of a JJ Nissen would work and be good for the economy.
David Meehan does not agree; feels that the ORB is set-up to be pretty much of an Office Park environment.
David Kestner can see valid points for both sides of the argument including the protection of the aquifers areas and development for EDC.
Chairman King calls for a roll call vote to propose adding SE in the ORB; Jim Horgan, Hiram Watson, David Kestner in favor; opposed – Chairman King, David Meehan, Paul Parker. Results are the motion fails
Light Manufacturing:
It is agreed that PR in the ORB should be changed to SE and a dash added in the AR, SR, RR, and UR Zoning Districts; all members in agreement.
Contractors:
All in agreement this is okay
Excavating Contractors:
David Kestner states that he is not sure why it’s an SE in the AR and feels it should be a dash; Chairman King agrees with David Kestner to make it a dash in the AR; Jim Horgan thinks there’s a lot of heavy equipment up in that area now that’s not accounted for and he is inclined to leave it the way it is; Paul Parker adds that he feels the same way; Chairman King calls for a roll call vote to change SE to a dash in the AR Zoning District; 3 in favor – Paul Parker, Hiram Watson, Jim Horgan; opposed Chairman King, David Kestner, David Meehan.
Heavy Equipment Sales:
It was stated that this is missing a definition; Chairman King adds his opinion this is totally restrictive; Paul Parker offers the reasoning behind why it is not allowed, that being due to the land being very rocky with lots of ledge conditions; The T. O. P. U. is a tool used to how you want your Town to be developed. Chairman King inquiries about thresholds; David Kestner offers that it is usually the pounds that are the determining factor; David Meehan adds that would be by CDL; Paul Parker asks the board to look for a definition and to go with that guideline; Jim Horgan agrees that this need cauterization and definition; Hiram Watson and David Meehan both agree; David Kestner adds his thoughts on Heavy Equipment facilities making reference to existing standards along some State Highways from Plaistow to Kingston
to Epping and surely is moving North.
Chairman King calls for a roll call vote; Jim Horgan, Hiram Watson, David Meehan, Chairman King for add PR in the CC Zoning District; Paul Parker, David Kestner opposed.
Mineral Exploration:
All agree okay
Mineral Extraction:
Chairman King questions why PR in the VC Zoning District; Hiram Watson makes reference to the hill up by Lone Star; David Kestner asks have we hit any oil lately.
Lumber Yards:
Chairman King states that there are other line items within the T. O. P. U. that are conflicting to this line; i.e. commercial processing of wood; thinks that this should fit in the IB Zone as PR; all are in agreement.
Funeral Homes:
David Meehan asks why would we allow Funeral Homes in the CC Zone; it was answered “why not”.
Motor Vehicle Junkyards:
David Kestner suggest why not a variance (dash) straight across the board; comments were made that there are enough junk yards in town and we wouldn’t want to see a junk yard along Route 11 in the IB Zone; Jim Horgan states to eliminate; consensus rules (dash) a variance straight across the board; remove the SE from the IB Zone.
Uses involving the manufacture, storage for Wholesale distribution of creosote, disinfectant, insecticide, poisons, cement, lime, gypsum or plaster of paris, blast furnace, gasoline, petroleum’s, kerosene, paint, varnish or shellac:
No comments heard.
Commercial industrial uses not specified:
No comments heard.
B. Accessory Uses – Commercial & Industrial:
Retail sales of items manufactured on the premises:
Consensus of the board members all okay with P across the board.
Outside storage of materials, equipment & products in conjunction with an allowed principal use.
David Kestner suggest a dash in the AR Zone; Chairman King opposes and has an opposite thought; why would we send an applicant to the ZBA for a SE for outside storage of an accessory use; Jim Horgan adds that he would eliminate SE but put in PR in the AR, SR, RR and UR Zoning Districts; there is discussion on the CC Zone having a PR requirement and another comment made what about the VC Zoning District; Paul Parker states this is not allowed; it was questioned why not, the Bank has a drive through; comments this was a grandfathered use; drive throughs’ in the VC district would not be keeping in character of the downtown; wouldn’t want a McDonalds in downtown; Chairman King agrees; Jim Horgan disagrees and has a problem with a dash in the VC Zone, feels that we are closing the doors; Hiram Watson states it doesn’t matter either way to him; David Kestner interjects by stating weren’t we looking at changing the VC District by encompassing more area, I do kind of agree with Jim Horgan
that we are closing the doors of opportunity; Chairman King calls for a roll call vote to consider the change to take away the dash; Chairman King, David Meehan, Paul Parker, Hiram Watson in favor; discussion; Jim Horgan – opposed; Hiram Watson - either SE or PR; David Meehan – change to variance not allowed in the VC; David Kestner – aesthetically not in tune with the downtown area; but do agree with the other members; unsure which way to vote; Chairman King offers one more time to make a decision on this in the VC Zoning District – David Kestner, David Meehan, Paul Parker, Chairman King and Hiram Watson for; opposed Jim Horgan for leaving it as PR; David Meehan does ask what threshold would be used for consideration.
VII. Accessory Uses:
Accessory building and structures:
It was concluded by unanimous agreement that PR in the AR Zone should be changed to P to be consistent with the other Zones.
Off-street parking accessory to a permitted use:
Once again it was concluded by unanimous agreement that PR in the AR Zone should be changed to P to be consistent with the other Zones.
Signs:
No changes suggested
Chairman King summarizes that there are nine areas of definitions needed; the 1st 3 are under
III. Institutional A. Principal Uses – specifically “daycare”;
Jim Horgan, Hiram Watson, David Kestner state to leave as is; Paul Parker would like to see a definition
Libraries:
No definition
Clubs and Lodges:
David Meehan asks how the difference between bars / nightclubs and club / lodges differ; Jim Horgan offers that most often clubs are driven by memberships; Hiram Watson and David Kestner feel definition is needed.
V. Utility Uses:
Wind generators:
Discussion on various needs, height requirements, uses; feels that a definition is needed.
Transmitter towers:
Consensus of the board is that this definition falls under the Telecommunications Tower definition.
VI. Commercial & Industrial – A. Principal Uses – Commercial & Industrial
Grocery Store:
Leave as is.
Heavy Equipment Sales:
Consensus is that a definition is needed.
Chairman King suggest that this get posted for a public hearing; and asks to review with no comments to be heard now the complete T. O. P. U. to insure everyone has all the same changes (copy attached for reference).
Paul Parker motions to post this T. O. P. U. for a public hearing at the January 16, 2007 Planning Board Workshop Meeting; 2nd Jim Horgan; (this will need to go to Fosters on
01-03-2007 for inclusion in the 01-05-2007 publication issue); no further discussion; all those in favor; motion passes.
Chairman King asks if there is any other business to come before the board; Hiram Watson brings forth the Cocheco River Watershed Book that he’s received from the Coalition Group; Chairman King indicates that this will be kept in the Planning Department.
9:08 pm
Jim Horgan motions to adjourn; 2nd David Kestner; no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 01-02-2007
Page 2 of 9; next to last paragraph change the word increase to decrease
Page 3 of 9; 4th paragraph T.O.P.U. should be spelled out Table of Permitted Uses initially then carried through the document as T.O.P.U.
Page 5; under the definition section of Trucking & Distribution Facilities; add “results are the motions fails”.
Page 5; in paragraphs 3 & 5 change ECD to EDC
____________________________________ _________________
Charlie King, Chairman Date
Farmington Planning Board
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