PLANNING BOARD MEETING MINUTES
TUESDAY – MARCH 6, 2007
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Hiram Watson, Jim Horgan,
David Kestner, Gerry Gibson - Alternate
Absent: David Meehan – Alternate – with notification
Selectmen’s Rep: Paul Parker
Staff Present: Doreen T. Hayden.
S.R.P.C. Julie LaBranche, Strafford Regional Planning Commission
Public Present: Richard Maloon, Eben Dorr, Tony Alcorn, Scott Lawler – Norway Plains Associates, John Huckins, John Theriault, John Spartichino, Mark Guilmett
Chairman King seated Gerry Gibson – Alternate, for resigned position of John Law prior to convening the meeting.
Chairman King called the meeting to order at 6:05 pm
1st order of business was the review and approval of the meeting minutes from 02-06-2007; Hiram Watson motions to accept the minutes; 2nd Jim Horgan; discussion; Don MacVane would like the attendance section corrected to show that he was absent with notification by a phone call to Chairman King, Chairman King confirmed this fact; Hiram Watson refers to page 3; 2nd line; change the word all to allow; Paul Parker indicates two changes; page 2; paragraph 3; change the word through to thorough and on page 10; 1st line; change the word ad to as; no further discussion; Chairman King indicates motion to accept as amended; all those in favor; motion passes; Don MacVane abstains.
2nd order of business was the review and approval of the meeting minutes from 02-20-2007; Jim Horgan motions to approve; 2nd Don MacVane; discussion; Paul Parker indicates that on page 5 of 6; 7th paragraph; change Paul to Paula; no further discussion; Chairman King indicates motion to accept as amended; all those in favor; motion passes.
· Reclamation Plan Review: By A. J. Foss (John and/or Paul Cardinal); (Tax Map R19, Lot #24); Property located at 100 Cocheco Road in the (RR) Rural Residential Zoning District;
Per the Notice of Decision (N. O. D.) dated 09-07-2006 4th condition of approval review.
Chairman King reviews handwritten request from Paul Cardinal to extend this review for another 30-days; Doreen T. Hayden advises the Chair that there is a subsequent request he should read, Chairman King reads into the record a revision of the 1st hand written request which now extend the applicants request to 60-days; Chairman King asks Julie LaBranche for her input; she advises that the applicant is going to the ZBA for a Use Variance to 1st get the approvals and then he could request a modification to site plan as he may be adding extra parking; There is discussion on exactly when that 60-day period is; Don MacVane motions to continue this deliberation to the next Planning Board Meeting of 06-05-2005 to allow the applicant his 60-day requested extension; 2nd Hiram
Watson; no further discussion; all those in favor; motion passes.
· Planning Board Rules of Procedure: To be signed by the members of the board.
Chairman King advises the members of the board that this document needs to be signed but we should first ask Julie LaBranche for her opinion relating to setting of the agenda for conceptual hearings under the Order of Business on page 2, section E of The Rules of Procedure; Chairman King motions to have Julie LaBranche speak on the procedural changes; 2nd Hiram Watson; no further discussion; all those in favor; motion passes.
· Procedural discussion by Julie LaBranche Re: Order of placement on the Monthly Planning Board Agenda.
Julie LaBranche states that without legal opinion to confirm, she believes that if the Public Hearing is noticed at 6:30pm then it should be advertised as such; Chairman King offered his opinion of why the board options for conceptual hearings first; Hiram Watson adds that we don’t usually have a hard time starting on time; Julie LaBranche offers some suggestions on how to address conceptual hearings; Chairman King offers his thoughts of moving conceptual hearings to the workshop; David Kestner interjects that he likes that idea; Julie LaBranche indicated that conceptual hearings are a non-binding notice. Chairman King comments to Julie LaBranche that her points are well taken and adds that we are coming to the end of the year and we should allow the next board or next Chairman to revisit this issue. Don
MacVane motions to change The Rules of Procedure by adding in “new” to page 2, section 5E1, between g and h; 2nd Jim Horgan; discussion; David Kestner still likes the idea of moving conceptual hearings to the Workshop sessions; no further discussion; all those in favor; motion passes.
Chairman King asks for a motion to adopt The Rules of Procedure; Don MacVane motions to adopt The Rules of Procedure; 2nd Paul Parker; discussion; the board has various discussion levels on the appropriateness of adopting these tonight and shouldn’t there be a 2nd hearing; Don MacVane adds that a 2nd reading at the Planning Board Workshop of 03-20-2007 will be conducted and the board will adopt those procedures then; no further discussion; all those in favor; motion passes.
· Continuation of Conceptual Discussion: By NewDam Partners (Tony Alcorn, Richard Maloon and Bruce Cartwright) for the development of Phase II – Waldron Woods (Tax Map R60, Lot #18).
Tony Alcorn comes forward and states that with him tonight is Richard Maloon, Bruce Cartwright is not in attendance. Tony Alcorn is before the board to present conclusions on going over the 2 choices to address the 900-foot egress road; he reviews the 2 plans; 1 over the wetland and 1 with a service road to the school; their wetland scientist suggests to go over the land; NewDam Partners have met with Dorie Wiggin from DES and she came back to them with an opinion to stay away from the wetlands and river and to stay towards the school as that is a better alternative; questions arose regarding the extension bridge that would have to be constructed if they went over the wetland area. Tony Alcorn updates the board on the roadway being 14ft wide, paved 12ft wide and suitable to carry fire trucks and would also
act as a service road, it would be gaited and not in use at all times; emergency vehicles would be able to break the lock for emergency entrance, there could also be a bridge path and a pedestrian walk from the school to the Town of Farmington forest; there would be arches that would stretch 9 feet long and 2.5 feet high; Hiram Watson asks if the arches will be concrete, Tony Alcorn replies they will be steel; Tony Alcorn adds that they are looking for a feel back from the board as they are not sure what the board could answer; Tony Alcorn further states that the bicycle paths could also be used by foot by both Waldron Woods and Cherub Estates.
Chairman King makes a summary of the discussion of past up to now to confirm with Tony Alcorn that all are on the same page.
Tony Alcorn indicated that they could make available the comments from DES; Chairman King polls the board for questions; Don MacVane stated that he wants a copy of the report; Jim Horgan has nothing at this time; Hiram Watson asks if the land abuts up to the Town of Farmington property, also poses a question regarding cul-de-sac crossing and adds that he likes the idea of the walkway / bicycle path. Don MacVane asks how far road stopping until it reaches the cul-de-sac it looks on the plan that the front path starts off of the asphalt; Tony Alcorn shows Don MacVane on the plan where he’s questioning adding it is 1315 feet. David Kestner asks about the 5-foot sidewalk; Tony Alcorn responds a footpath. Don MacVane questions the steel ramp; Tony Alcorn it is 9.5 feet long and 2.5 feet above ground
each end cemented down 4 foot for proper installation; Chairman King indicates that he like the approach and that at formal application we could work out semantics’ of the plan, we could work out the approach. David Kestner comments that this is the 1st he’s seen of a cul-de-sac; Tony Alcorn replies this is very preliminary and scribbles out where the road would be; David Kestner asks if there is a reason for multiple cul-de-sacs’; Tony Alcorn replies that the engineer was just to lazy to get rid off. David Kestner also inquires about the close proximity to the river and shouldn’t they think about decreasing the pavement, as that would be beneficial to the river using Somersworth’s problem as an example on the Weland River. Paul Parker agrees with David Kestner and that we should learn from Somersworth; although he finds this to be an interesting idea; feels there is a problem with the 14 foot parkway but is interested in seeing the
full plan all together. Tony Alcorn advises the board that the NewDam Partners may come in with one full plan but have 2 separate development phases. Gerry Gibson has no comments at this time. Julie LaBranche asks if the school has had any concerns about people accessing the school area at night; Tony Alcorn explained their meeting with the school principal and stated that the path will contain lighting; Julie LaBranche added that maybe the board should receive a letter from the school with authorization; Chairman King interjected that maybe a school board representative should be invited to enter into discussion. Paul Parker questions who would be liable for snow plowing and repair of the gated area? Paul Parker believes this could be an issue; Tony Alcorn replies that they have not figured that out. Jim Horgan brings forth that the gate on Winter Street is an issue and we could be opening a can of worms, he would like to see something else in use. Tony Alcorn
restates that this is a general concept and hopes that it would be looked upon favorably and the board cannot make good comments until formal application. Don MacVane asks if the school is a direct abutter, Tony Alcorn replies yes and they will get noticed. Chairman King makes a formal motion to have a member representative of the school board attend the formal application public hearing and that a written letter should be sent to them of that fact; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
6:56 pm
Doreen T. Hayden asks the Chair if they could break for 5-minutes to allow her to make copies of the NewDam Partners DES Memo; Chairman King motions for a 5-minute recess to allow Doreen T. Hayden time to copy the document; 2nd David Kestner; no further discussion; all those in favor; motion passes.
7:04 pm
Chairman King reconvenes the meeting
· Conceptual Discussion: By John Huckins for a proposed development of a 2-lot subdivision that is cornered at Meaderboro Road and Haywagon Road (Tax Map R28, Lot #1); Located in the (AR) Agricultural Residential Zoning District.
John Huckins comes forward to discuss his conceptual plan to subdivide the above mentioned parcel of land; John Huckins begins by stating that it is at the corner of Meaderboro Road and Haywagon Road and that it is a Class VI road; he’s had a meeting with the Selectmen and they will make a determination in the future; Chairman King turns to Paul Parker for a response of which Paul Parker states that they are having the issue reviewed by legal and is asking Julie LaBranche for her opinion; reference is made to RSA 574.41 – building on a Class VI road and the signing of a waiver of liability. John Huckins shows the board a copy of the mapped area and points on the map where he would like to create a subdivision for his daughter. There is discussion on the access to the back-lot from the Class V road
already having 1 access and is he looking to have both driveways off of that, it was asked of John Huckins that if he got all of his approvals for Haywagon Road would the 2 driveways come off of that, John Huckins stated yes and adds a statement regarding the 50 foot R. O. W. Don MacVane asks how long he’s been working on this project; John Huckins replies 1-year but it is no fault of the Town of Farmington, it’s due to personal issues of my own. Chairman King asks how much frontage on Meaderboro Road; John Huckins replies just under 250 feet; Jim Horgan opinions that John Huckins has a well argued point with DES to cross wetlands. David Kestner asks wouldn’t it make more sense to have your paperwork cleared before going ahead, John Huckins replied that he was told by the BOS to come to the Planning Board for a conceptual discussion first; Chairman King asks for a copy of the written opinion of the situation from DES. Julie LaBranche adds
that you might want an easement written. Hiram Watson asks did you get what you came in for tonight; John Huckins replies yes and will work with DES and have survey done on the road. Hiram Watson asks how the board feels about rear lot subdivision; Chairman King as long as all standards is met. There is discussion on road frontage requirement and read back lot requirement from frontage requirement. Chairman King ends discussion stating hopefully we’ve given you enough information for you to move forward.
7:30pm
· Conceptual Discussion: By Eben Dorr; Request of a waiver of the requirement for an excavation permit for property located on Ten Rod Road (Tax Map R29, Lot #14); In the (AR) Agricultural Residential Zoning District.
Eben Dorr steps forward to address the board stating that he is not really sure if he should ask for a waiver, it seems like the excavation paperwork is way out of line; he bought 35-acres about 10-years ago and purchased the abutting 60-acres, he’s registered for a winter forester by upgrading, but he didn’t explain moving from 1-lot to the next, if I knew that, I would have moved from lot 2 to lot 2. Don MacVane asks how much gravel he is moving; Eben Dorr replies 500 yards; Don MacVane asks if this is instrumental to your lot and you are not selling anything; Eben Dorr replies that he is not selling anything; he adds that he only wants a tree farm and road access. Don MacVane states, “let’s see what we can do for you”.
Chairman King explains the conversation that he previously had with Eben Dorr and the state requirement for earth removal is less than 1000 yards, which is less stringent that the Town of Farmington, I also told him that if he’s going to move gravel then he should go through the application process. Jim Horgan questions the wetland crossing; Eben Dorr states that he’s met with Dave Price and the only way to access property is via the 65’ R. O. W., I’ve upgraded the road where the original road was. Chairman King suggests making formal application first with substantial waiver requests, adding that where the excavation is to have test pit(s) done by professionals to track water table and that he would not favor this as a waiver. David Kestner comments about the appearance of his map
showing his close proximity to a wetland and the reclamation process is included to protect the Town of Farmington. Chairman King adds that is a reasonable requirement. Paul Parker agrees with David Kestner and Chairman King. Julie LaBranche replies that she supports Chairman King’s recommendation to speak with Town of Farmington staff and herself (she gives Eben Dorr her business card).
· Conceptual Discussion: By Chris Berry, Berry Surveying and Engineering Re: SuAnn Stickles
request for the removal of a condition of approval as imposed by the Planning Board written Notice of Decision (N. O. D.) dated 05-02-2005.
Chairman King turns the meeting over to Vice Chairman Don MacVane, as Chairman King is a direct abutter to this conceptual discussion.
Chris Berry steps forward to begin his conceptual discussion opening that he is rather confused to the process on how to move forward and the ZBA wasn’t sure why they were there in the first place. Chris Berry provided a synopsis from 2004-2005 time frame, reviewed conditions of approval and stating that tonight he is asking for a modification to change the existing requirement to not have to remove the driveway entrance to the farm, the Goslin family is no in a position to do this, they are asking to leave the driveway in place and continue with the cul-de-sac. Paul Parker adds that they were sent to the ZBA as an option for relief, Chris Berry asks for what relief, David Kestner interjects granting of the frontage requirement as they had less than the frontage requirement of 500-feet, cul-de-sac was created to
make the frontage when they subdivided. Don MacVane believes the boards intentions was to restrict the egress off of Ten Rod Road, adding that the board has also significantly decreased the requirements as listed under the new driveway standards for the Goslin’s. Paul Parker has an issue with this discussion; this is posted as a conceptual discussion and you are requesting the board to make a change in the plans. David Kestner interjected by reading a section of the subdivision regulations that applicants agree too upon their signature. Chris Berry replies that he needs to try to explain to his clients what the change in requirement are. Jim Horgan states that this is a road and not a driveway and the road was created to create the necessary frontage. Hiram Watson asks if we gained the 250 feet of frontage, all agree yes we did. David Kestner suggests they request relief from the ZBA for the 2nd driveway. Julie LaBranche asks what has been built so
far; Chris Berry indicates currently it is a rough dirt driveway. Julie LaBranche so it is 2 lots with 2 driveways and now we have 2 non-compliance lots. Paul Parker wishes for only 1 access. Julie LaBranche asks when will the construction begin on the cul-de-sac. Paul Parker offers that under the back lot access they wouldn’t need a cul-de-sac; they’d need 1-shared driveway. Gerry Gibson interjects that he’s not seen the site and repeats that we are now looking at 2 non-conforming properties, further asks what we are looking for on a time line, and what is their incentive to fix; Chris Berry replies legal action. Don MacVane asks David Kestner for his thoughts; David Kestner offers a shared access as opposed to 2 driveways would have been a lot nicer; I have no other comments for now. Hiram Watson doesn’t see what the problem is, he would like to see 2 driveways left, asks if any of the board members have been up on Ten Rod Road to look at as he
doesn’t feel it looks bad, there are other driveways in the area that are just as close. Jim Horgan opinions that they should stick with the shared driveway, adamantly speaking to have only 1 driveway and get rid of the other driveway. Don MacVane thanks Chris Berry for his time.
8:10 pm
Vice Chairman Don MacVane motions for a 5-minute recess; 2nd David Kestner; no further discussion; all those in favor; motion passes.
8:15 pm
Chairman King reconvenes the meeting.
· Application for a Non-Residential Site Review By: Frisbie Memorial Hospital (Tax Map R20, Lot #12 & 13) for a proposed parking expansion by the creation of 19 additional parking spaces; located at 316 NH Route 11, in the (IB) Industrial Business Zoning District; Presented by Scott Lawler of Norway Plains Associates, Inc.
Scott Lawler, Norway Plains Associates presents on behalf of Frisbie Memorial Hospital – Farmington Family Care; Chairman King interrupts Scott Lawler to advise the board that he had contracted with Norway Plains for his commercial building in Somersworth and that Scott Lawler presented for his business to the Somersworth Planning Board, asking the members of the board if they have any problems or issues with his sitting on this application; all board members respond no.
Chairman King asks Scott Lawler to continue; Scott Lawler reviews for the board the North and South property that is owned by the applicant; during the day there are 4 physicians and 10 staff members; over the past several months they have noticed a cramping in the parking lot, particularly with only one way in and out. There is on site septic and an artesian well and this spring coming they will be connecting to Town of Farmington water as previously approved. They are going from 28 to 47 parking spaces and it would still be compliant; the additional proposed lot is going to be utilized for staff and the existing parking lot will be for patients. Scott Lawler does advise the board that Frisbie is aggressively researching the expansion of the facility to approximately 1500 square feet, the staff and doctor will not
be increased; only increase would be in patient activity but I not exactly sure. They are looking to start the driveway this spring; there will be 1 additional 16’ shoe box down draft light pole and 1 additional handicap parking space, stripping will be put in place for the flow of the pedestrians.
Julie LaBranche advises the members that she has submitted a memo to Scott Lawler and Doreen T. Hayden as of yesterday with additional questions, she indicated that Scott Lawler had brought forth his plan 2-weeks ago to TRC and has made the suggested changes as required from TRC; she asked for a letter from the wetland scientist; Julie LaBranche offered her compliments on the Site Plan Review; she adds there are further questions to address; i.e.; traffic analysis, parking lot design, grass strip area; Scott Lawler interjected that he’s suggested to the applicant to provide landscaping.
Chairman King would not want to prohibit the site review and suggests only landscaping in the island.
Julie LaBranche adds; possible traffic stop sign where the conjunctions meet including a yield sign.
David Kestner wouldn’t it be better to have arrows for going one way in and out.
Don MacVane asks how wide is the entrance; Scott Lawler 24 feet; Don MacVane thinks it should be kept a 2-way with arrows; “I’m a big arrow guy”.
Jim Horgan adds the visibility is pretty good, although if you have traffic in and out it could cause some confusion, I would prefer a clearly marked 1-way in and out.
Don MacVane talks about a deceleration lane, Scott Lawler states maybe as we go forward with the building expansion we could look at that.
David Kestner asks how big is the lot you’re going to add too; Scott Lawler indicated 1.1-acre.
Paul Parker ask about requiring a traffic analysis not so much with the parking lot but absolutely with a building expansion; Chairman King indicated that the Town of Farmington has adopted a traffic analysis criteria that was developed by Paul Esswein, stated that Doreen T. Hayden should provide a copy of this to both Julie LaBranche and Scott Lawler. Paul Parker revisited the TRC Minutes to point out that during discussion it was stated that the septic system is maxed at capacity and being that the parking lot is growing, how many more people are going to use the system and put a strain on it; Scott Lawler replies that based upon the number of physicians and the DES Regulations, allowable is 250 gallon per day per Doctor; Paul Parker asks Scott Lawler if the board should be concerned; Scott Lawler says no and that there
is room to expand and to change the location to the North, they just expanded from 3 Doctors to 4 Doctors. Paul Parker questions the 2 physical handicap spaces; Scott Lawler replies there are 3 shown now, the ADA guidelines are 3 spaces for up to 50 parking spaces, 75 parking spaces would be 4 handicap.
Gerry Gibson offers that he likes the one way with the arrows, he’s curious about the boards thoughts on 1 light, asks if 1 is enough? Scott Lawler replies if the board wants more they would definitely entertain and take that into consideration.
Chairman King agrees with 1 way and also agrees with the concerns of Jim Horgan, noting that maybe only the employees having a 30-second delay for safety reasons.
Hiram Watson supports 1-way 100%.
Don MacVane adds that he still a 2-way guy and feels there is plenty of driveway room, but I’ll go with the board decision.
David Kestner agrees with one-way and stop sign, Scott Lawler interrupts discussion, Mr. Chairman
I represent and speak on behalf of Frisbie Hospital they would be willing to a one-way, adding a stop sign and do not enter signs as well as all required lighting.
Jim Horgan motions to accept the application as complete, 2nd Gerry Gibson; no further discussion; all those in favor; motion passes.
Chairman King summarizes that the applicant has conceded to an 18 foot width, one-way, traffic flow arrows; do not enter sign, stop sign and lighting; Jim Horgan asks about easement documents; Julie LaBranche agrees that those should be there.
Chairman King motions to approve the application with the following conditions:
1) Exit width from parking lot 18 feet
2) Stop sign to be placed at the exit from the new parking area
3) Show one-way and marking on the pavement to show traffic flow
4) Approval of easement document(s) by Julie LaBranche, Sr. Land Use Planner, Strafford Regional Planning Commission
5) One-way signage on existing parking lot where appropriate
6) Revised plan to show changes
7) Landscaping of 2 islands
8) Do not enter signs
2nd Jim Horgan, no further discussion; all those in favor; motion passes.
9:00 pm
Chairman King motions to continue for another 15-minutes; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
9:01 pm
· Continuation of Compliance Hearing – Ledge Rock Construction, LLC (Peter Rizzo): RE: Cherub Drive and Holly Lane infrastructure and residents concerns over an Association (Tax Map R61, Lot 005 – 5, 20, 6, 15, 19, 18, 22, 21, 16, 11, 13, 10, 12, 30, 26, 27, 28, 17, 14, 24, 25 and 29.
Gerry Gibson recuses himself from discussion as he resided on Cherub Drive.
Chairman King had received a letter and read it into the record from Jae Whitelaw, Mitchell and Bates, Chairman King reminded the board of her attendance at the compliance hearing last time, he also advised the board that he had sent her an email that he’s not received back a response as of tonight’s meeting. Chairman King also noted that it is apparent that the applicant is not here tonight for discussion; however there are some members of the public here tonight. Chairman King asks if any of the board members have any questions; Chairman King suggests continuing this meeting and waiting for a response and at the workshop meeting to deliberate our findings and provide to the Board of Selectmen what the Planning Board and the Road Agents’ findings are.
Jim Horgan interjects that they are talking without Mr. Rizzo being here; Chairman King replies that Mr. Rizzo is absent of his own free will.
Paul Parker agrees with Chairman King stating he is disappointed of not having any final answer from legal; Chairman King apologizes to the board and the public and concludes the public hearing tonight.
Hiram Watson strongly recommends Mr. Rizzo go before the Board of Selectmen.
Jim Horgan and David Kestner both agree that since there are members of the public present that they should be heard.
Chairman King this is a public hearing on the development on installation of development and would like to keep discussion on that point.
John Theriault – I’ve spoken with the road agent and he pointed out that a traffic sign is needed, did not review road compliance.
Chairman King replied that on the approved plan which he’s reviewed many times over there is no stop sign shown on the plan, it is not clearly delineated.
John Theriault speaks about the drainage at the foot of Holly Lane, refers to his conversation with the road agent and discussions where it backs-up. He asks what questions were proposed to legal? Chairman King gives him the email for his records.
John Spartichino – Wants to talk about the Association, the homeowners are trying to get legal counsel to help with the Association; he adamantly proclaims that they are not an Association. He states that he is taking these guys to court, they fraudulently told us the roads will be taken over.
Chairman King asks Julie LaBranche for her opinion on how to proceed, and to give the applicant notice to continue to the next workshop meeting.
Don MacVane motions to continue this deliberation to the next Planning Board Workshop Meeting of 03-20-2007; 2nd Jim Horgan; discussion; Paul Parker states that is should be restricted to advice from legal; Chairman King disagrees stating that I’ve done most of the research; Julie LaBranche adds as Mr. MacVane state this should be to allow legal opinions to be entered she further adds that she can’t really answer any specifics about this project as she has not had the opportunity to review the file, suggests to have either the road agent present or have a written document from him; Chairman King adds that he was not the original road agent; no further discussion; all those in favor; motion passes.
9:40 pm
Gerry Gibson motions to adjourn; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 04-03-2007
Page 5; 4th sentence; Capitalize “P” in price
Page 5; 10th line from bottom; change the word build to built
Page 6; last line remove the word low
Page 2; 3rd line under Procedural discussion; remove “that we don’t start” and replace with starting
Page 4; 12th line; add the word it between words but, is
Page 2, 3rd line; under NewDam; change river to wetland
All changes are noted in bold typeface
___________________________________ _______________________
Charlie King, Chairman Date
Farmington Planning Board
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