TOWN OF FARMINGTON
PLANNING BOARD WORKSHOP MEETING MINUTES
Tuesday - June 19, 2007
Members Present: Chairman Charlie King, Paul Parker, Hiram Watson, Jim Horgan,
Cindy Snowdon and David Kestner.
Members Absent: David Meehan - without notification
Gerry Gibson - with notification
Don MacVane - without notification
Selectman's Rep: Martin E. Gilman
S.R.P.C. Julie LaBranche, Strafford Regional Planning Commission
Public Present: Brian Salas (P.S.N.H. Rep.), James Spaulding and David DeJager
Chairman Charlie King opened the meeting at 6:02pm.
Chairman King seated Cindy Snowdon for Don MacVane. He also informed the board that Gerry Gibson called to be excused from the meeting and that he did not hear anything from David Meehan again. Charlie suggested calling David and see if he is still interested in being on this board since his attendance has been lacking so frequently. The Board was in agreement to contact David Meehan.
Chairman King informed the Board that Julie LaBranche would have to leave early tonight but had two quick issues she wanted to bring in front of the Board. All were in agreement to let Julie speak first.
1. Discussion by Julie LaBranche of S.R.P.C:
Julie informed the board that there are currently two applications going in front of the ZBA to seek variances in order to operate take out food businesses. Both of these applicants will need very minor site plan reviews from this board, after they potentially receive approval from the ZBA and have requested to be put on the earliest meeting possible. Jim Horgan moved to hear both applicants brought forward by Julie LaBranche on
7-17-2007 during the workshop session, Hiram Watson seconded. Motion carried with all in favor.
Julie stated that the afore mentioned applicants have both requested for the planning board to waive the $200 escrow fees. Julie stated that she feels the escrow fees would not be needed because the plans require no third party work. Jim Horgan responded that he does not want to set precedence for waiving fees before even receiving an application. David Kestner and Paul Parker agreed, stating that the applicants would get their money back quickly anyway if approved. Jim mentioned that the applicants could request a waiver from the escrow fees when submitting their application to the planning board. Marty Gilman stated that he believes the applicants should have to pay the fees like everyone else. Charlie King added that the applicants could submit a check for the $200 escrow fees
with the waiver and the application and the Town could hold the check until after the meeting on the 17th. The Board came to the conclusion that the applicants will need to furnish a check for the fees along with a request to waive the escrow fees and an application and then after July 17, 2007 the check will either be returned if the fees are waived or will be cashed if not.
2. Discussion on Campbell Commons: discussion led by Charlie King on what the next steps should be regarding any type of compliance hearing.
Cindy Snowdon recused herself from the discussion.
Charlie asked Julie how she feels this board should continue with the compliance review for Campbell Commons. Julie responded she believes the next step would be a review from Legal on the wording of some documents and the transfer of some documents. Charlie questioned the Board if they felt that Mitchell & Bates (Town Attorney) should be reviewing this information or if a third party should, seeing how Bates was the Attorney who signed off on the documents in question to begin with. Marty responded that Attorney Bates is reviewing the information for compliance now.
Charlie stated that it would be reasonable for Julie to contact Legal and inform them of what should be included in their scope of review so that the Board gets all the answers they will need to hold a compliance hearing if needed.
Marty questioned if the Planning Board has been compiling a report of items of concern. Charlie responded that the Board felt they needed professional expertise of many of the conditions of approval and tasked Town staff to review appropriate sections. Once the Board receives comments from all staff they will then come together as a Board to identify any issues of non-compliance. Jim stated that once all the information comes back on compliance then the Chairman can schedule a public compliance hearing with all the parties involved, including the applicant and the Selectmen.
Julie LaBranche left the meeting at 6:34pm.
Chairman King reseated Cindy Snowdon for the next discussion.
3. Written Letter Request: Re; Tree Trimming by P.S.N.H. along Poor Farm Road which is designated as a scenic road; Poor Farm Road is located in the (AR) Agricultural Residential Zoning District; P.S.N.H. is proposing to trim and remove trees and brush adjacent to and beneath some of its power lines. Brian Salas, P.S.N.H. presenting.
Brian Salas informed the Board that this is for maintenance trimming for 16 poles. Jim asked how long it will take and Mr. Salas responded about 1 week. Paul asked if this trimming was done just two years ago and Mr. Salas stated that the upper portion of the road was done but in there trimming circles they have plans to do these 16 poles now. Charlie asked if this meeting was appropriately noticed as a public hearing and after checking the files it was noted that the notice was in the Foster's Daily Democrat on Friday, June 8, 2007. Hiram Watson motioned to approve the tree trimming by P.S.N.H along Poor Farm Road, Jim Horgan seconded. Motion carried with all in favor.
4. Discussion Re: James Spaulding, resident of Dick Dane Lane requested a moment of the Board's time.
Mr. DeJager was okay with letting Mr. Spaulding speak before him.
Mr. Spaulding requested that the Planning Board review his property on Dick Dane Lane and how the developer has unreasonably taken "his" property to expand the road. Mr. Spaulding explained that he has been through Superior Court and Supreme Court with no luck but would urge this Board to reconsider letting the developer continue as he is doing. Mr. Spaulding remarked to the idea that documents he found in the Town file for Dick Dane Lane did not hold the Judge's signature and may not have been considered a court order even though the judge really did sign it.
Charlie stated that he remembers the application and that one of the conditions of approval was that the applicant had to show there was sufficient right of way to make any improvements to the road. Charlie stated that Mr. Spaulding is summary is disputing the evidence provided that the applicant owns the road. Mr. Spaulding agreed and stated that he owns part of the road and has given 6 feet of his frontage over to this road.
Hiram asked Mr. Spaulding if this argument is in court now and Mr. Spaulding responded no. Jim suggested having the Board review the documents on behalf of Mr. Spaulding to see if they come to the same conclusion. Charlie suggested Mr. Spaulding put in writing that he contests that the applicant satisfied the condition of approval to show there was sufficient right of way to make improvements and then this board will put it on the agenda and decide from there if a 3rd party review is justified.
Marty asked Mr. Spaulding if he ever had his land surveyed and he responded no. David added that Mr. Spaulding may need to eventually provide a survey of his land that would provide evidence that the applicant did not have sufficient right of way.
Charlie King motioned for a 5-minute recess, Hiram seconded. Motion carried with all in favor. Meeting recessed at 7:22pm.
Charlie King called the meeting back to order at 7:29pm.
5. Continuation of Site Plan Review Application from 02-0602007, 05-0102007 and 06-05-2007;By Elm Street Farmington, LLC (Tax Map U06, Lot #4); Regarding change of waiver to not completely be waived from the 25 foot buffer and to provide a plan that clearly shows the buffer footages and landscape plans stating a range of how much the applicant needs the buffer reduced by.
David DeJager requested a waiver of Section 29.A (5) of the Zoning Ordinances for a 25 foot perimeter landscape buffer where the site abuts other residential property. He stated that this particular parcel has been developed for a number of years and therefore a majority of the site does not meet this particular requirement. He would like to request a reduction in this perimeter landscape buffer to 2-5 feet as denoted on the plan by existing and planned landscaping provisions.
Paul Parker noted that Mr. DeJager is correct, this property is an existing development and that Mr. DeJager has done a nice job with the landscaping to make it look aesthetically pleasing. (Paul also noted that the lighting symbol on the map needs to be added to the legend.) David asked if Mr. DeJager has spoken with the abutter who owns the rusted chain link fence yet. Mr. DeJager responded no, he has left several messages but has not heard back yet from the abutter.
Jim Horgan motioned to accept the waiver from Section 29.A (5) of the Zoning Ordinance that was submitted by David DeJager for Tax Map U06. Lot #4, Paul Parker seconded. Motion carried with the reason being that the parcel is an existing development in which the applicant has done a sufficient amount of work on the landscaping/screening and met the requirements within 2-5 feet in most areas.
Charlie stated he still has some concerns regarding the snow removal areas and Mr. DeJager responded that this plan is from experience from previous winters at the development and works rather well. Paul questioned who would be responsible to remove any snow in case of heavy snowfalls and Mr. DeJager responded that as part of his lease agreement with his tenants he has to have the snow removed by 7:30am or they can actually fine him.
Mr. DeJager provided a report of the Drainage Observation and Conclusions from 10-22-06 when there was a large pooling behind his property. This document is similar to the one passed out at the last meeting except that Joel Moulton, Highway Director, signed this one stating these were true facts.
Charlie questioned the elevation for the new home because the plans appear to be incorrect. Mr. DeJager responded that the proposed new home will have a 4 foot frost wall in the ground with a 2-3 foot sill on top of that for the home to sit on, though he is still unsure if he will be going with a modular or stick built home.
David Kestner questioned how the drainage will be effected by the new slab and the extra pavement. Mr. DeJager responded that his engineer did a study and Julie LaBranche reviewed it and they were both satisfied that the additional impervious surface would have minimal impact. Mr. DeJager added that Julie LaBranche only concern as far as this was concerned was the run-off from the roof of the new home and he is proposing some rain gutters and rock to deal with the water.
Paul Parker moved to accept the application brought forth by Elm Street Farmington, LLC (Tax Map U06. Lot #4) as presented by David DeJager as substantially complete. Jim Horgan seconded. Motion carried with all in favor.
Charlie reiterated that he still has some concerns with the drainage but with the lack of abutters present it seems prudent, and that Mr. DeJager did a good job with the landscaping and the plans.
David Kestner stated that the floor elevations need to be fixed on the plans and pointed out that a porch is not shown for the proposed new building. Mr. DeJager responded that this plan does not require those exact building plans but he might need to put a 3 foot fire egress landing behind the proposed home. David reminded Mr. DeJager that he would need to be mindful of the drainage swell there. Paul added that he would not be issued a building permit if he cannot meet the requirements for fire egress.
Jim Horgan motioned to approve the plan contingent upon the following conditions; 1. No structures are to be erected within three (3) feet of existing drainage and 2. Corrections to elevations are made on plan, Paul Parker seconded. Motion carried with Marty Gilman abstaining because he was not present for entire application and Charlie King opposed because he is concerned with the drainage on the property.
6. Hazardous Mitigation Plan Discussion:
Charlie informed the Board that Deb Lee was not available for tonight's meeting. Charlie also stated that Dale Sprague and Scott Roberge are the only remaining Town staff that created this Plan and that they both stated this Plan was basically in an ideal situation, a kind of "wish list." Charlie stated he does not believe this Plan is realistic.
Jim Horgan stated that he feels the Plan has many issues and either needs to stand-alone or point to sections of the Emergency Operation Plan (EOP). Jim recommended that this Board should have copies of the EOP. Charlie will see if Doreen can get an electronic copy of the EOP for the Board.
Jim Horgan motioned to table the Hazardous Plan Mitigation Plan discussion until July 17, 2007, Paul Parker seconded. Motion carried.
7. Other:
Jim asked where the large maps are that the Town was supposed to receive from another party (he showed a smaller example). Charlie will look into this.
Charlie substantiated that the Preservation Guild met their obligation in completing and providing a Design Manual to the Town and stated that now they would like to be paid the balance of $2500. Jim Horgan motioned to pay the balance of $2500 to the Preservation Guild for the Design Manual that Charlie King substantiated has been completed in full, Paul Parker seconded. Motion carried.
8. Continuation of Site Plan Review Application from 06-06-2007;By Mrs. Stamatia Miminas (Tax Map U05, Lot #182); Located at 498 Main Street; for the proposed renovation of the top two floors over Farmington Town Pizza;converting into 2-units; each unit comprised of 2 bedrooms anf full bath on the 2nd floor; 1st floor comprised of 1/2 bath, kitchen, living room and dining room; Presented by David Shapiro-Barnard, Lake Village Builders.
The applicants requested a continuation based on the fact that they need an additional time to address issues brought up at the TRC. Jim Horgan motioned to continue the application for Tax Map U05, Lot #182, and David Kestner seconded. Motion carried.
Cindy Snowdon motioned to adjourn, Hiram Watson seconded. Motion carried.
Meeting adjourned at 8:54pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS WRITTEN 07-10-2007
__________________________ ___________________
Charlie King, Chairman Date
Farmington Planning Board
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