PLANNING BOARD MEETING MINUTES
TUESDAY – DECEMBER 5, 2006
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Jim Horgan, David Kestner,
Absent: Hiram Watson – with notification
Selectmen’s Rep: Paul Parker
Staff Present: Doreen T. Hayden
Public Present: Randy Orvis – Orvis/Drew, LLC, Donald Sullivan, Lisa Beede, Louis Gregoire, Patricia Montgomery-Fernald, John M. Law,
Chairman King called the meeting to order at 6:03 p.m.
1st order of business is to review and approve the meeting minutes of 11-07-2006; Jim Horgan motions to accept these as written, 2nd Don MacVane, discussion; Paul Parker says that he did find a grammatical error, but wasn’t at the meeting so must abstain, did not indicate what the grammatical error was; no further discussion; all those in favor; motion passes.
2nd order of business is to review and approve the meeting minutes of 11-21-2006; Paul Parker motions to postpone the review and approval of these minutes to the next Planning Board Workshop Meeting of 12-19-2006 to allow those individuals who have not had the opportunity to review the time for their review; 2nd Don MacVane; no further discussion; all those in favor; David Kestner abstains; motions 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. 11/20/06 - APPLICANT REQUESTED CONTINUANCE OF COMPLIANCE HEARING TO THE FEBRUARY 6, 2007 PLANNING BOARD MEETING TO ALLOW ADDITIONAL TIME TO PREPARE A FULL SITE PLAN.
Paul Parker asks how many times do we allow a continuance? Discussion by Don MacVane indicates that we’ve already allowed continuance of this application 4-5 times; Chairman King interjects his belief is this is the 3rd time; Paul Parkers states if we grant this continuance it would be the applicants last time and we would notify them of that fact, Paul Parker further states that this applicant has not done any work at all, Don MacVane adds that this building is not in use, Paul Parker motions to grant the continuance of the compliance hearing to the 02-06-2007 Planning Board Meeting for Peter Alfe with the understanding that this is the final hearing the board will allow and that if he does not make this hearing he is not in compliance with previous conditions and that the CEO Dennis Roseberry will
need to follow-up as well as the applicant will be required to make another formal application; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Chairman King asks for any other business to come before the board; He has a couple
(1) Receipt of letter from Dale Sprague regarding the Holy Rosary Credit Union installation of their fire hydrant and that the Planning Board is to make a release of the $750.00 that is being held in an escrow account based upon the confirmation by the Board of Selectmen.
(2) Reads into the record a letter from Mrs. Pease regarding tonight’s application of Donald Sullivan and Lisa Beede.
(3) Advises the board that Dave Meehan as entered his application for a permanent position on the Planning Board; Chairman King asks Paul Parker if the Board of Selectmen have addressed this application; Paul Parker indicates that the Board of Selectmen need to call Mr. Meehan and schedule a time for him to come in for his interview in front of the Board of Selectmen.
(4) Chairman King notes for the record that Doreen T. Hayden has given out a copy of the NH Planners bulletin that she received via email.
(5) Chairman King asks Paul Parker where does the Board of Selectmen stand regarding replacement of the Town Planner; Paul Parker indicates that they have interviews with MRI and are in the process of making interviews with others regarding this part time position; Chairman King questions whether or not this will become a full time position; Paul Parker indicates not until after the part time planner has been on board and after the 1st of the year.
(6) Chairman King advises the members of the board that he has asked the Board of Selectmen to allow him to sit on the TRC Monthly Meetings to facilitate the process as an administrative review until such time as a Town Planner is hired; questions was raised whether the CEO Dennis Roseberry should be attending the meetings of the Planning Board and Planning Board Workshop, he does not – much discussion ensues on this subject – Paul Parker asks if the Town Planner is on board shortly they will attend these meetings and that if need be for specific applications we can request in advance that the CEO Dennis Roseberry attend to give his summation of the
application that is in question; Don MacVane adds that we receive documentation from the department heads that attend those TRC Meeting in our monthly packages (when there is a TRC Meeting).
(7) Chairman King reminds the members of the board of the list of items of responsibilities that was developed prior to the departure of Paul Esswein.
Jim Horgan would recommend a motion that the CEO Dennis Roseberry attend all Planning Board and Planning Board Workshop Meetings as required; discussion; Don MacVane states when packages received with the TRC summary sheets we should be able to determine at that time if we need the CEO to attend our meeting and that we should go through the Chairman and he’ll formally request the CEO attendance; Paul Parker states that he would abstain from such a vote; no further discussion; all those in favor; motions fails for lack of 2nd.
David Kestner wants to have a little more discussion on the actual requirements of attendance by Dennis Roseberry in that if we are only out 2-months to hiring a Town Planner then we shouldn’t really need Dennis Roseberry at all meetings and only as an on-call basis.
Chairman King brings forth that the Earth Removal Application that is coming before the board on January 2, 2007 is a point that we would like to see the CEO Dennis Roseberry attend the Planning Board Meeting; I would also be willing to adjust the agenda around so that this application is moved to 1st on the agenda as to not keep the CEO Dennis Roseberry here late into the evening.
· 2ND Public Hearing: Re: Amendment of the Site Plan Review Regulations
to define “change of use” Projects as applied in the Village Center District.
Chairman King polls the members for discussion on this; Chairman King also asks if anyone from the public would like to make comment regarding the Site Review Regulations; Randy Orvis does ask for definition of “change of use”; Chairman King indicates this only applies to this one district; Randy Orvis asks the Chairman to explain to the public what the definition is; Chairman King reads the definition of the Change Of Use and asks Randy Orvis if this definition was sufficient and he has any further questions. Randy Orvis questions the Village Center and Chairman King states there is a specific change in the Village Center; Section 4 for the Applicability explanation and reads through that definition; Randy Orvis asks if we’ve had a legal opinion of the definition as this is unique to the Village Center
Zone.
Paul Parker states that he is okay with the definition but Randy Orvis did bring up a very good point and we should see if Paul Esswein did run this change by legal for their review and interpretation.
Chairman King motions to continue this public hearing to the next workshop meeting of 12-19-2006 to allow legal review and comment; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
· 2ND 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 reads into the record the criteria that is to be referenced in the Subdivision Division and Site Review Regulations; Paul Parker asks the members if we are all comfortable with the contents; the consensus from the board is yes.
Chairman King opens the discussion to the public for comment either for or against; Randy Orvis asks if this is the criteria of what you will want the engineers to supply in their traffic study when it is required; Chairman King replies yes it does.
David Kestner refers to Section 4 of the study content and section 4.B outline of study that clearly defines the required criteria.
Paul Parker adds that this is something long overdue; David Kestner says we have discussed setting the minimum.
Chairman King motions to adopt the Traffic Impact Analysis criteria to be referenced in the Subdivision Regulations and Site Review Regulations for the Town of Farmington;
2nd Jim Horgan; 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.
Chairman King recuses himself and turns the chair for the meeting over the Vice Chairman Don MacVane.
Vic Chairman MacVane welcomes the applicant back and asks him (Donald Sullivan) to come up to the microphone and present his plan.
Donald Sullivan states that he is proposing the trucks be boxed in with fencing as well as a gate to also keep separate from the house; he is also proposing the planting of 15’ arborvitaes along the Waldron Road side of his property; A question is posed as to the height of the fencing; Donald Sullivan replies just under 8’ and the fencing is complete on the Waldron Road side.
Vice Chairman MacVane asks where the trees will be planted and also notes that his plans are showing 12-15’ trees, asks for clarification on height of trees; and if he has any idea when the trees will be planted; Don Sullivan replies probably in the spring when the ground is not frozen; Donald Sullivan also states that he’s done away with the tents and added a shed at the back corner of his property; Vice Chairman MacVane asks the size; Donald Sullivan state 8x12 shed.
Vice Chairman MacVane opens the floor to the public either for or against the application; Vice Chairman MacVane reads into the record a letter from Ms. Jean Pease outlining her content with the improvements on the property and stating she has no further issues as long as the property remains kept up.
Paul Parker asks for a copy of the newest plan; David Kestner shared his.
Vice Chairman MacVane asks how high the gate will be; Donald Sullivan replies roughly 7’.
Vice Chairman MacVane asks the board members if the have any questions.
David Kestner asks if the 7’ gate will be high enough to shield from the road; Paul Parker asks the maximum number of trucks that will be kept; Donald Sullivan replies there are 3 now but will be downsizing to 2.
Vice Chairman MacVane asks for the dates on when the trees will be in as then we could ask for a compliance hearing next summer to see how your coming along; Vice Chairman MacVane asks that the plan be revised for documentation on where the 8x12 shed building is and to note the 15’ arborvitaes location.
Jim Horgan interjects that coming up 153 the trucks don’t jump out at you since the applicant has moved them back and the fencing is blocking; feels that everything is progressing and that when you’re coming South with the fence along Waldron Road you can’t see anything.
Vice Chairman MacVane states there are 2 ways to continue
(1) Continue to the June meeting of the Planning Board for compliance
(2) Approve now
Vice Chairman MacVane motions to continue the hearing to the Planning Board Meeting of 06-05-207 to allow the applicant time to complete the improvements to the property and to review the ZBA compliance conditions; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Vice Chairman MacVane turns the chair back to Chairman King to continue with the next application.
· Lot Line Revision Application: By: Louis E. Gregoire (Tax Map R10, Lot #1); A 132-acre parcel – to allow adjustment(s) to back boundaries of Tax Map R7, Lot 6, Lot 6-1 and Lot 6-2; Parcel fronts on Gregoire Lane a private way; located in the (AR) Agricultural Residential Zoning District. Presented by Orvis/Drew LLC.
Randy Orvis – Orvis/Drew, LLC presents on behalf of the applicant; He begins by stating that this is fairly simple; in 1973 his client purchased approximately 200-acres having frontage from Sheepboro and Meaderboro Road; in the mid 1980’s his client subdivided off of Meaderboro Road; 3-lot created in 1984; subdivision created Gregoire Lane to the stone wall; This application is moving the back line to the back wall to even off the parcels.
Jim Horgan asks for waivers; Randy Orvis states yes we have requested those that are not really applicable to this project.
Don MacVane motions to grant waivers of 4.08F, 4.08G, 4.08M; 2nd Jim Horgan; discussion; David Kestner questions the fact the public has not been offered their input before we hand out waivers; Chairman King offers public comment either for or against this application; Patricia Montgomery-Fernald asks if Randy Orvis can explain and show what it is you are doing; please go over it again; Randy Orvis graciously reviews the plan and Mr. Gregoire interjects that there will be no development only that they are squaring off the lot. Chairman King interjects that this really is a lot line revision for 3-separate lots; Randy Orvis concurs and adds the big parcel is where we are taking the land from to make the adjustment; no further discussion on the waivers; all those in favor; motion
passes.
Chairman King questions a strip along the side and asks what lot that goes with; Randy Orvis states that will be an abandoned strip (larger strip shown on the map to the left of the 3-lots).
Chairman King opens the floor to the public for comments either for or against the application and indicates that he will leave discussion open to the public.
Don MacVane motions to accept the application By: Louis E. Gregoire (Tax Map R10, Lo#1) as complete; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Don MacVane motions to approve the application; 2nd Jim Horgan; discussion; Chairman King would like make a friendly amendment to make it a “lot line revision” as presented; friendly amendment accepted by Don MacVane; no further discussion; all those in favor; motion passes.
7:04 pm
Chairman King motions for a 5-minute recess; 2nd Paul Parker; no further discussion; all those in favor; Don MacVane is opposed; motion passes.
7:15 pm
Chairman King reconvenes the meeting
Chairman King asks if there is any other new business to come before the board; asks Doreen T. Hayden if she has anything; she states no, but John Law from the public is here and he might have something to say; John Law states it’s not new business it is really old business that he wants to bring before the board; Chairman King asks him to please come forward;
He beings by introducing himself; John Law 235 Bay Road and thanks the board for allowing him time to speak to the board; he also thanks the board for their efforts in closing the access to Waldron Woods; he next speaks about Cherub Estates stating it is looking very well however at the end of Holly Lane it is granular and breaking up, surmises it is due to the cold weather, but in all the development is a nice looking development.
He would like to address his concerns with the New Dam project:
Driveways that have been put in recently under Phase I he had submitted photographs with his safety concerns initially; his major concerns are the end of the driveways being paved but not flared to the width of the driveway and the shared access as well.
Lots 7 & 8 have a 4’ ditch on the side of the road, marginally safe now to very bad, there is no room for children to walk.
There is a new pole being installed even closer than before.
Access for lot 6 has the road coming out for Phase II; curvature of the road not that wide; further down between lot 11 quite a ways from lot 10, I had photographs and concerns of that curve that I still have concerns with.
Provisions for a sidewalk easement behind the wall, asks when the sidewalk will go in; during Phase II at developers cost or at Town of Farmington expense.
Right now there are between 6-8 children on Bay Road and Holly Lane waiting for the school bus, I can’t envision how many more children when this is developed; as it is now the school buss backs up into Holly Lane and turn around.
Lots 7 & 8 and further down at lot #10 there are deep ditches to accept run-off ; 2 locations running water at road level; concerned when snow is plowed that it will be pushed into the ditch and block the water flow which will then run down the road.
He adds that he’s been appointed to the S. R. P. C. and then 2-days later noticed that he was terminated; he is still interested in being on board with the S. R. P. C.; John Law adds that the Town of Farmington still needs to write a letter on his behalf.
Paul Parker adds that his appointment has also been terminated; he was sent a notice to attend a meeting, then noticed that he’s been terminated; Paul Parker did indicate that the B.O.S. initially thought to not fund the Town of Farmington to the S. R. P. C., but maybe have swung the other side to fund again.
Chairman King questions John Law for driveways and widths; discussion ensues on the driveways, culverts ant the flow of the water.
Jim Horgan states that he is also concerned with the safety issue; would like this presented to the CEO Dennis Roseberry and Public Works Director Joel Moulton to have they investigate and do something about it.
Doreen T. Hayden advises the members of the board that New Dam Partners will be here on January 2, 2007 for a conceptual discussion to the Phase II development.
David Kestner states for the record the applicant came before the before prior to him joining the Planning Board.
Paul Parker states that ditching and water concerns are the public works directors concerns and that he (public work director) indicated this in his plan for the 2007 budget; Paul Parker does agree that the ditch is right at the edge of the road within 6”.
Chairman King points to 3 items for follow-up
(1) Check to see if work is in compliance with what they’ve (New Dam) been approved for.
(2) Have the road agent see if it is acceptable or not.
(3) Chairman King offers his time to review the application / conditions to see if they are in compliance, adding that because they are already approved we can make sure that they be in compliance.
Jim Horgan adds that he appreciates the concerns of John Law and all his efforts that he’s put forth and feels that it is our paid professionals CEO – Dennis Roseberry and Public Works Director-Joel Moulton should review for compliance issues.
Chairman King asks if there is anything further to be brought before the board, no comments heard.
7:47 pm
Jim Horgan motions to adjourn, 2nd David Kestner; no further discussion; all those in favor; motion passes.
APPROVED AS WRITTEN 01-16-2007
______________________________________ ________________________
Charlie King, Chairman Date
Farmington Planning Board
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