PLANNING BOARD MEETING MINUTES
TUESDAY – APRIL 3, 2007
356 Main Street – Farmington, NH
Members Present: Charlie King, Hiram Watson, Jim Horgan, David Kestner, Paul Parker
Absent: Don MacVane – With notification
David Meehan – Alternate – with notification
Gerry Gibson – Alternate – with notification
Selectmen’s Rep: Joan Funk
Staff Present: Doreen T. Hayden.
S.R.P.C. Julie LaBranche, Strafford Regional Planning Commission
Public Present: Richard Maloon, Tony Alcorn, Bruce Cartwright, Denny Laughlin,
Mr. & Mrs. Vaughn
Chairman King called the meeting to order at 6:10pm
Chairman King extends a welcome to Joan Funk, the newly appointed Selectmen’s Representative to the Planning Board, also extends a welcome to Paul Parker as a newly appointed Regular Member of the Planning Board and acknowledges that he also was the past Selectmen’s Representative to the Planning Board.
1st order of business; Review and approve meeting minutes of 03-06-2007; Jim Horgan motions to approve; 2nd Hiram Watson; discussion; David Kestner – page 5; 4th sentence; capitalize the P in Price; same page; 10th line from the bottom; change build to built; page 6; last line; remove the word low; Paul Parker – page 2; 3rd and 4th line under Procedural discussion; remove the words that we don’t start and replace with starting; page 4; 12th line; add the word it between but, is; Hiram Watson – page 2; 9th line from the bottom; change the word river to wetland; no further discussion; all those
in favor to approve as amended; Joan Funk abstains; motion passes.
2nd order of business; Review and approve meeting minutes of 03-20-2007; Jim Horgan motions to approve; 2nd David Kestner; discussion; Hiram Watson; page 2; 25th line add the words the Town in place of the word to; page 3; 2nd paragraph from the bottom; 1st line; add the word over between go, each; page 3; 5th and 6th line from the bottom; reword releasing any bond until all work is done to read releasing any funds from the bond until all work is done; all those in favor to approve as amended; Paul Parker and Joan Funk abstain; 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); Property located on Bay Road.
Tony Alcorn presents; introduces Bruce Cartwright and Richard Maloon; Tony Alcorn reviews that per further directions from the board the NewDam Partners made a presentation to the School Board showing the service road and gated area, this road is suitable to carry emergency vehicles as well as a pedestrian pathway, also related that this could be a public access to get to the Town of Farmington woods; the issues now is to be brought forward for a 06-05-2007 preliminary discussion; we will have package information ready for delivery to the Planning Department on May 4th; will show loop road option and service road.
Jim Horgan asks if it is correct that the service road will be coming from the development to the school; Tony Alcorn replied that hasn’t quite been determined and that we (NewDam Partners) are making an assumption that the Town of Farmington will take over the road at some time; Jim Horgan asks about lighting; Tony Alcorn indicates yes; Jim Horgan asks if this is for emergency vehicles only; Tony Alcorn replies yes.
Hiram Watson asks about the wetlands area and about the arches; Tony Alcorn replied that it is whatever DES flowage determines and the arches are to be 3 steel archways across; Hiram Watson asks if the road is 1300’; Tony Alcorn replies yes.
Chairman King followed up to Hiram Watson inquiries and also noted that provisions for sufficient access on the R.O.W. needs to be addressed.
David Kestner questions the 14 foot width with 12 foot width of pavement; asks if gravel walkways will be along the side; Tony Alcorn replies had not intended to put pedestrian walkway along side; this is a long wilderness path that is now suitable for any foot traffic.
Paul Parker states that he is glad to hear about the sidewalks; he has 2 questions; (1) the steel bridge maintenance who will be responsible for this and asks if this will rust after a period of time; Tony Alcorn replies that he does not have an answer to that “rust” question, but will ask Chris Jacobs who is their engineer; (2) regarding the walkway – is this somewhat of a pathway for children to go to school, as well as the children from Cherub Estates; I believe that Cherub Estates has the required distance to be allowed to be bused; Tony Alcorn indicates that there is 1 ½ mile distance; Paul Parker asks if there will be a liability to your development with Cherub Estates children passing through.
Jim Horgan interjects that this is a private road and does not short change the Cherub Estates.
Hiram Watson asks about a H. O. A. (Home Owners Association) or a road association agreement; Tony Alcorn stated there will be both; Hiram Watson also stated that he would like to see this H.O.A. and road association documents / agreements listed in the Deed(s) when each of the house lots are sold and adding that the Planning Board would like to see a copy of both those documents.
Chairman King thanked the NewDam Partners and stated see you in June.
Chairman King asked the board if they want to go into the Public Hearing portion of the agenda or do they wish to continue to the next Conceptual Discussion.
Paul Parker motioned to go into the Public Hearing portion of the agenda and to continue with the 3 items left under Old Business after the Public Hearing Application; 2nd Jim Horgan; no further discussions; all those in favor; motion passes.
· Election of Planning Board Officers
Chairman King noted for the record that the 2 Alternates – David Meehan and Gerry Gibson are not in attendance as well as Don MacVane; all called out absent.
Jim Horgan motions to nominate Chairman King for another year as Chairman; 2nd Paul Parker; no further discussion; all those in favor; motion passes.
Jim Horgan motions to nominate Don MacVane as Vice Chairman; 2nd Hiram Watson; discussion; Chairman King indicates that this is pending the acceptance of nomination by Don MacVane who called out absent; no further discussion; all those in favor; motion passes.
Paul Parker nominates Hiram Watson as Secretary; Chairman King asks Hiram Watson if he will accept the nomination; he does; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
· Application for Minor Site Review By: Dennis J. Loughlin (Tax Map U5, L# 125); For the approval to allow reclassification of his existing 3-family home; from a single-family with accessory apartment as detailed in the tax records of the assessing office; Property Located at 11 Church Street; In the Urban Residential Zoning District.
Chairman King asks if Mr. Laughlin has anything to present; Mr. Laughlin indicated that the Fire Marshall and the Code Enforcement Officer came out to the house and reviewed the issues that are needed to bring the home into compliance. Mr. Laughlin indicated that his family has grown-up and moved out and they are now renting to individuals.
Julie LaBranche reviews her letter dated 03-27-2007 and a memo to the Planning Board dated 03-27-2007 as well; she had a discussion with Mr. Roseberry regarding the order of importance of items on this list; today we should prioritize the list of items to be done immediately; Julie LaBranche strongly suggests that a Certificate of Occupancy for each unit be required; Julie LaBranche reviews all the items on the list of improvements that need to be complete; within 120 days all units must be brought into compliance and this list of deficiencies would need to be complete prior to issuance of any Certificates of Occupancy.
Denny Laughlin asks about the handrails; Chairman King suggested that he speak with the CEO (Code Enforcement Officer) Dennis Roseberry regarding the codes for these. Chairman King asks if this meets the current parking requirements; Julie LaBranche replies that it does; Paul Parker interjected thinking that there was an issue with parking; Denny Laughlin explains that there are 7 parking spaces; Chairman King asks Julie LaBranche if this was reviewed as a Minor Site Review; Julie LaBranche explains that there is not any structural changes; this is an allowed use with review and it is an established use.
Hiram Watson inquires about the handrails offering that he believes that 2 on each set of stairs is the code; Denny Laughlin offered that the CEO only said 34” high.
Hiram Watson questions the parking; Julie LaBranche indicated that Dennis Roseberry said they are off street parking.
Paul Parker questions the narrative in that it state the purchase was made in ’97 but later on it was stated the purchase was made in ’98; Mr. Laughlin stated he would correct to ’98; Paul Parker indicated that he has concerns about the parking, but also this has been existing since you’ve owned the property; Paul Parker questions the heating situation; Denny Laughlin stated that it is central, but separate in the Carriage House; Paul Parker also questions the wastewater and service(s); Denny Laughlin stated it is all included in the rent. Paul Parker turns to Julie LaBranche with regard to the list of TRC items asking if she has any concerns; Denny Laughlin interjects that not everything is the same and some things have been done already; Paul Parker questions the dining room
asking if he (the applicant) will discontinue use as a bedroom; Denny Laughlin stated that is a big concern, it is his wife’s room, she is on oxygen and cannot climb stairs; Julie LaBranche interjects that possibly the applicant could change the window; Denny Laughlin stated very expensive; Chairman King offers that maybe the applicant could meet with the CEO and could discuss alternatives; Joan Funk offers that maybe this could be viewed as a temporary medical waiver as a possible resolve.
7:05 pm
Chairman King opens the meeting to the public for comment either for or against this application.
Ms Vaughn – 29 Grove Street; She asks who is responsible to make these code fixes as this house is on the market and should these requirements be disclosed to potential buyers.
Julie LaBranche related that the approvals would run with the land; Chairman King interjected that the owners should still disclose to prospective new buyers; Jim Horgan interjects that it is the owners’ responsibility to clear through the CEO. Julie LaBranche would recommend that any new owner not be allowed to rent any of the units until each is brought up to code, if and when the property is sold.
Ms. Vaughn states that the property is listed as a multi-family home and asks where does the applicant stand with that; Denny Laughlin offers that the house is and is not listed, meaning that he’s advised the Realtor that code issues need to be addressed and until all are complied with the house is at a standstill. Ms. Vaughn questions the parking stating that she has known them to park along the fence in front of her home; Mr. Vaughn asks if there is going to be a tax impact between a two family and tenants with children; Chairman King advises that it is not up to the board who rents the units and once the home is brought into code it will be reassessed and the taxes will more than likely increase from a single family with accessory to a multi-family.
Paul Parker and Ms. Vaughn entertain discussion on the parking situation.
Chairman King advises that the board needs to rule that the application is substantially complete.
Paul Parker asks Chairman King what issues he feels that are making this application only substantially complete; Chairman King replies that he does not want to beleaguer the issue(s); Hiram Watson asks Chairman King what the issues are that he is referring too. Chairman King offers a quick take on his view of issues.
Jim Horgan motions to accept the application as substantially complete; 2nd Joan Funk for discussion purposes; Hiram Watson states that he is concerned for the applicant needing to have a survey for the metes and bounds including having another plan professionally drawn up; David Kestner adds that the applicant would also have to request in writing various waiver; David Kestner would like to see dimensions on the parking issues and that I do not feel that he needs to have a survey done, but the use of a wheel or tape measure for the parking area would be advantageous as well as photographs of the outside area. Jim Horgan would like to see a refined floor plan with a bit more clarity particularly showing the dining room conversion to a temporary bedroom with a Code approved egress; Paul Parker
questions the fence being the property line; Hiram Watson suggest that he read his deed to get the dimensional details; Julie LaBranche suggest that this discussion be continued for a compliance issuance and Chairman King suggests that Julie LaBranche meet with the applicant Mr. Laughlin to address waiver requirements and I definitely feel that photographs of the exterior of the parcel would be useful for the record(s); Chairman King calls for a vote on the 2nd; motion fails for being substantially complete; Chairman King wants more discussion; Jim Horgan recommends that this be continued with the items on the list; Chairman King wants more discussion with Dennis Roseberry on the dining room / bedroom temporary conversion.
Jim Horgan motions to continue this to the next Planning Board Meeting of 05-01-2007; 2nd Paul Parker who adds that the applicant provide a revised plan with any corrections, and to meet with Julie LaBranche to review the list of requirements; no further discussion; all those in favor; motion passes.
· Conceptual Discussion: By Jamie & Kristal Corriveau; for a proposed 2-lot subdivision (Tax Map R17, Lot 56-9); Property known as 74 Dodge Cross Road; Located in the (RR) Rural Residential Zoning District.
Chairman King calls for the applicant or it’s representative to come forward, no one comes forward, applicant is a no show.
· Continuation of Discussion: Hazardous Mitigation State Plan; To Review, Accept and Sign after advisement and clarification(s) from the Director of Emergency Management Ms. Deb Lee; to the Planning Board.
Chairman King asks Doreen T. Hayden if we formally notified Deb Lee to be in attendance for discussion on the above matter; Doreen T. Hayden advises the members of the board that she did not formally request her attendance; she highlighted the particular section of those minutes and placed it in her mailbox at the Municipal Offices.
Jim Horgan motions to continue this discussion to the next Planning Board Meeting of
05-01-2007; 2nd Joan Funk; discussion; the date of the meeting was to be the 17th of April at the board Workshop Meeting; Chairman King asks if Joan Funk would accept a friendly amendment to change the date to the Planning Board Workshop Meeting of 04-17-2007; Joan Funk accepted the friendly amendment; Chairman King requests that a written formal request be made to Deb Lee for her attendance at this meeting; no further discussion; all those in favor; motion passes.
· Any other business to come before the board.
Chairman King questions the Rules of Procedure for the Planning Board; he was advised that this was already addressed at the boards last meeting and was also executed by all members including Alternate Gerry Gibson.
Chairman King asks Julie LaBranche about the Chris Berry, Berry Engineering Memo that is before them this evening; she advises the board that she met with him yesterday (04-02-2007) and that she is not able to attend the 04-17-2007 Planning Board Workshop Meeting she has another commitment in another town, however she could provide a summary of their meeting; he will be coming in under the Open Space, there’s no density, there will be a range in lot sizes from 3-acres down to 1-acre; Chairman King asks the members of the board for their thoughts; Jim Horgan would go with the 17th of April for the Gail Ellis subdivision presented by Chris Berry; Berry Survey and Engineering; Hiram Watson is also in agreement; Julie LaBranche indicated that she would be happy to be here from 6-6:45 pm to add any comments
but that she must leave to go to New Durham for another meeting; David Kestner suggested putting this application 1st on the agenda; Paul Parker adds that he’s in agreement as the project does have some complexity.
Paul Parker motions to add the Conceptual presentation of Gail Ellis subdivision on Ten Rod Road as the 1st item on the agenda for the Planning Board Workshop Meeting of 04-17-2007; 2nd Joan Funk; no further discussion; all those in favor; motion passes.
Julie LaBranche states that the Town of Milton has an ordinance that states they must notify abutting Towns of regional impact relating to subdivisions; the Diamond Heart Properties could have an impact on Dodge Cross Road, Governors Road and Chestnut Hill Road.
Julie LaBranche reviews the 03-20-2007 minutes relating to the Site Plan Assessment Fee Schedule, the checklist, the Instruction Form and the application; she suggests that we should discuss this at the Planning Board Workshop Meeting of 04-17-2007, however she will not be here to discuss, she suggests that we start using these new forms immediately; Chairman King agrees and if we see any changes within any of those documents we can note the changes to be made.
Jim Horgan motions to add the review of these documents; Site Plan Assessment Fee Schedule, Checklist, Instruction Form and Application to the Planning Board Workshop Meeting of 04-17-2007; 2nd Chairman King; discussion; Julie LaBranche indicated that she could email these forms as well as provide paper copies; no further discussion; all those in favor; motion passes.
Questions are raised to Julie LaBranche on how do we assess fees; discussion on if, when and how to charge back to the applicants on Julie LaBranche time; Jim Horgan feels no charges during conceptual discussions up to 3 free hours and then to change over and above those 3 hours; Julie LaBranche advised that NewDam Partners application required extensive research; also she feels that if the applicant request from the board answers and they must research those answers then the applicant should pay.
Joan Funk motions to amend the fee schedule for a maximum of 3 hours of Planner(s) time without charge; any time spent by the planner beyond that as requested by the applicant shall be billed to the applicant; 2nd Paul Parker; no further discussion; all those in favor; Chairman King opposed; motion passes.
Chairman King reads into the record a letter from Jill Tozier.
Chairman King reads into the record a letter from John Theriault
Paul Parker addresses the board regarding the upcoming O.E.P. conference and opinions what an informative conference this is; he asks what the cut-off date for signing up is; Doreen T. Hayden retrieves the paperwork and advises Friday April 20th, Chairman King asks if anyone has signed up; Doreen T. Hayden advises that Gerry Gibson-Planning Board Alternate, Joanne Shomphe-ZBA Alternate and herself have signed up.
8:15 pm
Jim Horgan motions to adjourn; 2nd David Kestner; no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 05-01-2007
Page 4 of 7; 2nd line; rephrase statement to read “Mr. Laughlin stated he would correct to ’98”; changes have been noted in bold type face.
________________________________________ __________________
Charlie King, Chairman Date
Farmington Planning Board
| 
