Town of Farmington - Planning Board Meeting Minutes 07-10-2007

Planning Board Meeting Minutes 07-10-2007

TOWN OF FARMINGTON

PLANNING BOARD MEETING MINUTES

TUESDAY - July 10, 2007

356 Main Street - Farmington, NH

Members Present: Chairman Charlie King, Hiram Watson, Paul Parker, David Kestner,

Don MacVane, Jim Horgan and Alternates Gerry Gibson and Cindy Snowdon.

Absent: David Meehan - Alternate - without notification

Selectmen's Rep: Joan Funk - absent with notification

S.R.P.C. Julie LaBranche, Strafford Regional Planning Commission

Public Present: F.X.Bruton, Richard Mahoney, Andy Tobin, James Spaulding, Chris Jacobs, Steve Edwards, David Tillberg, Theresa Tillberg, Phil Hunter, Kim Hunter, Louise Miller, Norman Russell, Rick Lamirande, Donald Howard Sr., Jeff Murray,

Judy Heath, Packy Campbell, James Shannon, Esq. and Rick Lundborn.

Chairman Charlie King called the meeting to order at 6:07pm.

Chairman King informed the Board that the alternate Selectman's Rep. Marty

Gilman would not be present tonight.

Old Business:

Review of Minutes: Paul Parker motioned to accept the minutes of 6/5/2007 as written, Jim Horgan seconded. Motion carried.

Don MacVane motioned to accept the minutes of 6/6/2007 as written, Jim Horgan seconded. Motion carried with Hiram Watson abstaining because he was absent.

Jim Horgan motioned to accept the minutes of 6-19-2007 as written, Paul Parker seconded. Motion carried with Don MacVane abstaining because he was absent.

Other Business to come before the Board:

1. Charlie King informed the Board that there is a conflict with the date of the July workshop

because the ten day deadline was not met but also Deb Lee will not be available. HIram Watson motioned to reschedule the July 17, 2007 planning board workshop to July 24, 2007, Don MacVane seconded. Motion carried with all in favor.

2. Charlie informed the Board that Doreen Hayden (planning office secretary) spoke with

Alternate David Meehan about his attendance at the planning board meetings and he told her he would get back to her as to whether or not he could continue on the board after checking his work schedule.

3. Charlie asked the board when they would like to schedule a compliance hearing for Peter

Alfe. Jim Horgan motioned to hold a compliance hearing for Peter Alfe on August 7, 2007 regarding his non-compliance by July 11, 2007. Don MacVane seconded. Paul Parker offered a friendly amendment to include that the code enforcement officer should be sent out and create an official documentation stating the findings of compliance or not. The amendment was accepted by Jim Horgan and Don MacVane. Motion carried with all in favor.

4. Charlie informed the board that James Spaulding provided this Board with documents to

support his argument that his land was encroached upon. Charlie informed the board that the initial approval was given to the applicants based on taking their surveys and documentation at face value and they could have been incorrect. Charlie asked if this Board is interested in tasking a professional to review the information given by Mr. Spaulding to see if there is merit in undertaking a review. Contract Planner, Julie LaBranche stated that she is unfamiliar with the file and would need time to review and decide if there is merit to challenge the original approval. Charlie asked who would be charged for the review. Julie stated she is unsure and that would be determined by reviewing the file, but it would be the original applicant or the Planning Board. Julie will review the file and make appropriate recommendations as to how the board should proceed and who should be charged. Jim Horgan motioned to continue the discussion to August 7, 2007 to give Julie LaBranche time to review and make recommendations as to how to move forward and who should be charged, Don MacVane seconded. Motion carried with all in favor.

Brief Discussion /inquiry: by Jim Vitas and John Tsiros Re: Potential development at the corner of Route 11 and Route 153 (Two Greeks Restaurant and Mobile Home); Tax Map R31, Lot #026; at 6 Main Street and Tax Map R31, Lot #014; at 18 Main Street; both properties located in the (IB) Industrial Business Zoning District.

Jim Horgan motioned to move this item to the bottom of the agenda due to lack of presentation, Don MacVane seconded. Motion carried with all in favor.

Chairman Charlie King opened the public hearing at 6:30pm.

New Business:

Public Hearing 6:30 P.M.

Continuation of Discussion from 10-3-2006 & 12-5-2006; By: Donald Sullivan & 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; in the (RR) Rural Residential Zoning District: Zoning Board of Adjustment approval for a (SE) Special Exception granted on 6-1-2006 with several conditions.

Charlie King recused himself from the discussion and Don MacVane seated Gerry Gibson in his seat.

Donald Sullivan stated that he has finished planting all the trees, has the fence up, put two gates across his driveway, came up with a back-up plan for his trucks and did a lot of landscape work and painting. David Kestner and Jim Horgan commented that the property is well screened now and all the work put in looks great.

Jim Horgan motioned to give final approval on the site plan review application brought forth by Donald Sullivan and Lisa Beede (Tax Map R48, Lot #10) to operate a sign installation business from their residence located at 268 Charles Street, citing that all conditions of approval have been successfully met, David Kestner seconded. Motion carried with all in favor.

Charlie King reseated.

Continuation of Application from 06-06-2007 for Site Review: By Phil & Kim Hunter (Tax Map R22, Lot #3) Located at 310 Ten Rod Road; in the (AR) Agricultural Residential Zoning District; to operate storage of landscaping vehicles and wood in the additional driveway (additional driveway previously approved to park construction vehicles only).

Don MacVane motioned to move this item to the bottom of the agenda due to lack of presentation, Paul Parker seconded. Motion carried with all in favor.

Application for a Minor Site Review: By David & Theresa Tillberg; (Tax Map R13, Lot #006) to operate a small second hand shop out of their garage; located at 291 Ten Rod Road; in the (AR) Agricultural Residential Zoning District.

David Tillberg explained that he would like to sell second hand furniture, glassware, etc out of his garage. Julie LaBranche cited four areas of concern in her memorandum dated July 5, 2007 (attached to these minutes) and Mr. Tillberg responded to them. He cited that he will have the four parking spaces and that during business hours his family vehicles will be parking on the lawn area. Mr. Tillberg stated that the proposed lean-to would be constructed to come off his garage and only used seasonally for an outside "show" area. He also explained that the trash will be kept in the white bin on the side of the house and that he expects the hours of operation to be 12pm-5pm, three to four days a week.

Jim Horgan expressed concerned that the family pool is exposed t view of potential customers and the Tillberg's might want to fence it in. Also that the proposed sign should have the hours and days of operations to assist with the flow of traffic on Ten Rod Road.

Charlie King stated that the handicapped parking spot needs to have signage identifying it and that Mr. Tillberg will have to get a building permit for the garage and meet all the requirements of the inspector, most importantly the need for a smoke detector and fire extinguishers at each exit.

Paul Parker reiterated the fire safety concerns of Charlie and asked if there would be a public restroom for customers. Mr. Tillberg responded no.

Charlie King opened the meeting for public input and Louise Miller, abutter, expressed concern for the trash and customers parking on her lawn that has been an issue for the past year while the Tillberg's have been operating an almost constant yard sale. Mr. Tillberg explained that by moving the items into the garage and having defined hours he plans to stop the "yard sale" traffic and parking issues.

Hiram Watson moved to accept the application brought forth by David and Theresa Tillberg (Tax Map R13, Lot #006) to operate a small second hand shop out of their garage; located at 291 Ten Rod Road be accepted as substantially complete, Paul Parker seconded. Discussion followed in which David Kestner suggested the Tillbergs might want to install a fence on the south side of their property to minimize the impact on their neighbors. Motion carried with all in favor.

Charlie King expressed that the applicants shall have; no outside storage of materials, have additional screening on the south side of their driveway (Mr. Tillberg agreed to continue the stockade fencing from the north side to the south side), post the handicapped parking spot, post the hours of operation, have all parking on site, and be successfully compliant with a building permit. Charlie also suggested that the Board not give final approval on the application until all the conditions of approval have been completed.

Jim Horgan asked if this proposed business would be seasonal or year round. Mr. Tillberg responded it would be year round. Jim added that the Tillbergs will need to address the lighting issue then because it gets dark very early in the winter, but the lighting should be done in a way that does not present a distraction to traffic or an inconvenience to neighbors.

Don Mac Vane asked if Mr. Tillberg is proposing to light his sign. Mr. Tillberg responded no.

Jim Horgan motioned to approve the application brought forth by David and Theresa Tillberg (Tax Map R13, Lot #006) to operate a small second hand shop out of their garage; located at 291 Ten Rod Road; contingent upon the following conditions; 1. no outside storage of materials, 2. handicapped parking area designated, 3. stockade fence on south side of driveway being installed, 4. meeting all requirement and conditions of approval as signed off by Dennis Roseberry (Code Enforcement Officer), 5. 2 fire extinguishers and fire detector being installed in garage as approved by Dennis Roseberry, 6. implementation for outside lighting with minimal impact to neighbors and 7. sign requirements met, Don Mac Vane seconded the motion. Motion carried with David Kestner and Paul Parker opposed.

Application for a Lot Line Adjustment: By RSA Development, LLC (Tax Map U12, Lot #23); Property located at Charles Street and Mt. Vernon Street; to convey 2,936 square feet to Map U12, Lot #22; located in the (UR) Urban Residential Zoning District.

Charlie King informed the board that the applicant requested to be moved to the bottom of the agenda.

Application for a Lot Line Adjustment: By North & South Investors (Tax Map R20, Lot #1 & 1-2); Located on Main Street/ Route 153 - vacant lot; in the (CC) Commercial Center Zoning District; Presented by Norway Plains Associates, Inc.

Scott Lawler from Norway Plains presented the application on behalf of North & South Investors. Mr. Lawler informed the Board that the proposal is to do an equal land swap between the two lots to provide 125 feet of frontage on Route 153. He explained that a common driveway will be used to access the proposed new business.

Paul Parker moved to accept the application for a lot line adjustment brought forth by North & South Investors (Tax Map R20, Lot 1 & 1-2) as substantially complete, seconded by Jim Horgan. Motion carried with all in favor.

Julie LaBranche recommended that the Access Maintenance Easement be recorded as part of the approval. Jim Horgan motion to approve the application for a lot line adjustment brought forth by North & South Investors (Tax Map R20, Lot 1 & 1-2) with the condition that the Access Maintenance Easement be recorded, seconded by Paul Parker. Motion carried with all in favor.

Charlie King motioned for a five-minute recess, Don MacVane seconded. Motion carried.

Meeting recessed at 7:30pm. Charlie King reconvened the meeting at 7:41pm.

Continuation of Application from 06-05-2007; for a Non-residential Site Review; By North & South Investors, LLC (Tax Map R20, Lot #1-2); Located on Main Street/ Route 153 - Vacant lot; in the (CC) Commercial Center Zoning District; for the approval to construct a new 5000 square foot building; Presented by Norway Plains Associates, Inc.

Scott Lawler of Norway Plains Associates, Inc. presented the site plan to construct a new 5000 square foot building and 27-car parking lot to house Hawkins Safety with a gravel area behind for the storage of work vehicles. Mr. Lawler stated that they have received approval from NHDES for an on-site septic and are proposing two catch basins (designed for a 50 year storm) along the curbing to collect run-off from the parking area and the roof of the building. Mr. Lawler informed the Board that they have completed test pits in the area and the soil is very receptive to allow percolation. He also stated that landscaping is proposed on the site plan as well as lighting.

Paul Parker questioned if the gravel training area is used all year long and Mr. Tobin responded that trainings are usually held once a month throughout the year. Charlie King noted that Joel Moulton (Public Works Director) has some concerns with the excess drainage that will be going through the culvert under the driveway as a result of the new structure and building. Mr. Lawler responded that the proposed new catch basins are designed to decrease the storm water run-off.

Julie LaBranche questioned what the condition of the 12" existing drainpipe is at the outfall point. Mr. Lawler responded that he is unsure but there are no problems prominent. Julie also reiterated the concerns she noted in her memorandum dated July 5, 2007 (attached to these minutes). Don MacVane suggested requiring inspection of the existing drainage to check for erosion from previous storms.

Charlie King stated that the previous requirements for screening were not met on this lot and will need to be addressed for this application. Mr. Lawler responded that this landscaping was held off on because NH DOT was changing the road and there was talk from the abutter (Irving Oil) about expansion. Jim Horgan proposed to allow the applicant to hold off on landscaping from the outside of the detention pond and down, to allow the applicant to see what Irving is going to do to allow for continuity of the landscaping.

Jim Horgan motioned to accept the application for a non-residential site review by North & South Investors, LLC (Tax Map R20, Lot #1-2) as substantially complete, seconded by Paul Parker. Discussion followed in which Julie LaBranche reminded the Board that the applicant is requesting a waiver from Section 30:D (1) and (2) of the Farmington Zoning Ordinances. Motion carried with all in favor.

Scott Lawler informed the Board that the applicant is requesting a waiver from Section 30:D (1) and (2) of the Farmington Zoning Ordinance because of the slope of the roof, building materials and facade of the proposed new structure. Don MacVane motioned to approve the request for the waiver of Section 30:D (1) and (2) of the Farmington Zoning Ordinance from North & South Investors, LLC (Tax Map R20, Lot #1-2), seconded by Jim Horgan. Motion carried with all in favor.

Charlie King motioned to accept the application for a Non-residential Site Review by North & South Investors, LLC (Tax Map R20, Lot #1-2); for the approval to construct a new 5000 square foot building; contingent upon the following conditions; 1. inspection of existing drainage to insure it is functioning correctly and adequate and signed off by Dennis Roseberry (Code Enforcement Officer); 2. the access easement is recorded and approved by the Town Attorney; 3. a water line easement is recorded and approved by the Town Water Department and the Town Attorney; 4. the current water line is clearly marked and protected during construction determined by Dennis Roseberry; 5. the landscaping from the detention pond and south is completed; 6. the applicant or designee inspects the detention/retention ponds for a period of one year following completion of construction and forwarding documentation to the Town in regards to the inspections being done and their findings; 7. a traffic sign being installed at the exit of the new driveway going into the old driveway. Don MacVane seconded. Motion carried with all in favor.

Continuation of a Minor Full Site Plan Review from 5-1-2007 and 6-5-2007; By S & E Construction (Tax Map R59, Lot #4); For the approval to construct a proposed 40' X 80' building; for use as a contract yard and bulk material stockpile; Parcel is 1.18 acre; Located at 1078 NH Route 11; in the (IB) Industrial Business Zoning District; Presented by Crown Point Survey & Engineering, LLC.

Chris Jacobs of Crown Point Survey & Engineering, LLC presented the application on behalf of Steve Edwards and explained that the new plan submitted is similar to the first but with a some minor adjustments to locations of buildings and such. Mr. Jacobs explained that the plan is to continue bringing large equipment from work site to work site and only bring them back to this location if need large repairs. He further explained that Mr. Edwards expects 5-10 trips a day with 1-2 deliveries of materials per week, 10-12 yards of storage materials to be held in each storage bin, and limited pedestrian traffic in the back.

Julie LaBranche questioned what the square footage of the office space is proposed to be. Mr. Jacobs responded 450 square feet. Julie calculated the applicant would need 14-15 parking spaces and his proposing at least 20.

David Kestner expressed his concerns with retail customers walking around the lot looking for the office. Mr. Edwards responded that there would be someone in the yard to assist customers though this is not his primary business.

Don MacVane motioned to continue the meeting until 10pm, Jim Horgan seconded. Motion carried with all in favor.

Charlie King stated he is concerned with the amount of paving that is being proposed, especially in the back portion. The applicant stated he would prefer not to pave this much but was under the impression he had to.

Jim Horgan stated he also believes there is too much paving and would like the applicant to reconsider his options and maybe include utilizing the from of the lot. Jim also questioned what type of signage is proposed and who owns this property. Mr. Edwards explained that he does not own the property.

Don MacVane stated that he is concerned with the run-off due to the amount of paving also. David Kestner would also like the paving and parking addressed as well as the drainage on the north side. Mr. Jacobs responded that the grade on the north side would be set to move the drainage towards the detention pond. David questioned if the applicant will be using the current well and he responded no that a new well will be drilled.

Charlie stated he would like to see additional screening in the front of the lot because they are proposing to remove the trees.

Paul Parker questioned if the storage bins are covered or open to the elements. Mr. Jacobs stated they would be open. Paul asked how the applicant is going to address the run-off of sediment from the storage bins after inclement weather.

Julie LaBranche questioned the grade change from the storage bins to the existing paving. Mr. Jacobs explained that the grade will be decreased during construction so that the grade change will be about six inches. Julie stated that there needs to be a clear way for the run-off to be directed to the detention pond.

David Kestner questioned how the applicant is proposing to deal with oils and fuels dripping from vehicles. Mr. Jacobs responded it would be done through grass treatment and then into the detention pond.

Charlie King stated that the parking spaces should be 10 X 20 feet in size, that the applicant is requesting waiver from required buffers and questioned what will be happening with the trash. Mr. Edwards responded that he will be taking care of the trash daily. The Board would like to see a proposed site for a dumpster though it does not mean the applicant needs to install one.

The Planning Board was in consensus that the plan is still in need of revisions and should address the following concerns; 1. elevations of existing concrete slabs, 2. lighting, 3. signage, 4. amount and location of paving, 5. parking reconsidered to utilize front and decreased, 6. landscaping, 7. drainage to the detention pond, 8. address what can do to meet the 25 foot buffer, 9. notation that the garage is for personal use only, 10. consideration for covers over the storage bins to help with sediment run-off, 11. revised plan with less impact on back upper area and 12. proposed site for a dumpster.

Don MacVane motioned to continue the application by S & E Construction (Tax Map R59, Lot #4) for the approval to construct a proposed 40' X 80' building; for use as a contract yard & bulk stockpile; to July 24, 2007, seconded by Jim Horgan. Discussion followed that a revised signature page with the landowners’ signature is required. Motion carried with all in favor.

David Kestner motioned for a five-minute recess, seconded by Jim Horgan. Motion carried with Don MacVane opposed.

Meeting recessed at 9:40pm. Charlie King reconvened the meeting at 9:50pm.

Application for a Special Use Permit; By Governors Road Realty, LLC (Tax Map R1, Lot #1 & 1-1); under Section 4.03 (J) (1) and Section 4.03 (J) (2) of the Farmington Zoning Ordinance to allow for the construction of the berms of the detention basins for the subdivision.

Rick Lundborn of Norway Plains Associates and F.X. Bruton, Esq. presented on behalf of Governors Road Realty. Mr. Lundborn stated that Julie LaBranche had emailed him with four concerns she had about the application and he has responded to those four concerns in his letter dated July 9, 2007 to the Planning Board. (attached to these minutes)

Julie LaBranche advised the board that in her opinion there is no difference between the temporary disturbance and the permanent disturbance of the vegetated area within the 50-foot buffer, because the "permanent" area would be mowed and upkept and not allowed to vegetate freely. She also stated that the whole idea of a buffer is to protect the wetlands and water quality be having natural vegetation that is not maintained. Rick Lundborn commented that the Farmington Conservation Commission recommended approving this Special Use Permit.

Paul Parker motioned to extend the meeting by thirty minutes, Don MacVane seconded. Motion carried with all in favor.

Julie commented that she is concerned that the proposed access to detention basin 1 is on private property and potentially if the Town was to take over this it would have to remain an unobstructed area which means no swing sets, gardens, fences, plantings, etc. She stated that the applicant might want to consider establishing a right of way instead of an easement. Rick Mahoney, abutter, stated that the Board might want to consider reducing the number of lots to accommodate the buffers and basins.

Jim Horgan motioned to approve the application for a Special Use Permit by Governors Road Realty (Tax Map R1, Lot #1 & 1-1) under Section 4.03 (J) (1) and Section 4.03 (J) (2) of the Farmington Zoning Ordinance to allow for the construction of the berms of the detention basins for the subdivision; contingent upon the access to the detention basin 1 being finalized and accepted by the Planning Board during the subdivision approval; seconded by Hiram Watson. Motion carried with all in favor.

Continuation of Subdivision Application from 5-1-2007 and 6-5-2007; By Governors Road Realty, LLC (Tax Map R1, Lot #1 & 1-1); Property located on Governors Road; in the (RR) Rural Residential Zoning District; Presented by Norway Plains Associates, Inc.

Rick Lundborn informed the Board that he received a copy of the comments and concerns of CLD (the third party reviewer) and is working to address all the concerns. He stated that he will do a plan revision with all CLD's comments addressed once he has worked through each issue. Rick explained that the applicant is requesting a waiver to use 2-foot contour intervals rather than 5-foot contour intervals on the subdivision plan (as required by Section 4.09 (I) of the Farmington Zoning Ordinance). Charlie King motioned to approve the waiver request from Section 4.09 (I) of the Zoning Ordinance from Governors Road Realty, LLC (Tax Map R1, Lot #1 & 1-1); Don MacVane seconded. Motion carried with all in favor.

Charlie King asked if the Board is willing to consider addressing this application without sidewalks and a bus shelter. The Board was in consensus that they would not. Mr. Lundborn responded that he did contact Bonnie Tellis at the SAU and they have no design standards for bus shelters and that the bus would only pick-up the school children at the entrances to this proposed subdivision on Governor's Road. Mr. Lundborn stated he is not opposed to a bus shelter he just needs to locate a design.

Charlie King stated that he would like the road width to be kept at 18 feet and not 20 feet to keep speeds down.

Charlie King motioned to continue the meeting until 11pm, Jim Horgan seconded. Motion carried with all in favor.

Mr. Lundborn asked the board what sidewalk minimum would be accepted. The planning board was in agreement that a pedestrian way would be needed and that they might consider a 4-5 foot gravel surface way for pedestrian traffic. Rick Mahoney, abutter, stated that the gravel sidewalks in his opinion are not maintained and therefore he would suggest a paved sidewalk that would truly benefit the residents of the subdivision.

Julie LaBranche commented that Mr. Lundborn did a good job addressing the non-conforming lots and would not need a site review for them.

Jim Horgan motioned to continue this application until 8-21-2007, David Kestner seconded. Discussion followed in which Julie LaBranche stated that the applicant would need to request an extension in time for review because the 90-day time limit would be reached. Motion withdrawn.

Charlie King motioned to extend the application for Subdivision by Governors Road Realty, LLC (Tax Map R1, Lot #1 & 1-1) for 90 days for review; seconded by Don MacVane. Motion carried with all in favor.

Jim Horgan motioned to continue the application for Subdivision by Governors Road Realty, LLC (Tax Map R1, Lot #1 & 1-1) to 8-21-2007, David Kestner seconded. Motion carried with Charlie King opposed.

Don MacVane motioned to continue the meeting until 11:30pm, Hiram Watson seconded. Motion carried with all in favor.

Packy Campbell stated that this lot line adjustment was already sort of approved under site plan review on his application for subdivision and that he uncovered this deficiency in his plan and would like to remedy it. The Board was in consensus that the subdivision plans did show the lot line adjustment but that it was never a formal request and seems to be an administrative error. Mr. Campbell explained that he would like to move this lot line to accommodate his abutter by giving him 3500 square feet in which his pool is on.

Charlie King questioned if an easement has been given to the abutter Mr. Funk for his pool and Mr. Campbell responded yes. Jim Horgan noted that Mr. Funk was omitted from the abutter list but he has no issues with this proposal and would be in favor of it.

Julie LaBranche stated that the Zoning Ordinances have changed since the subdivision approval and state that you can not change the lot line if it makes a non-conforming lot less conforming which is exactly what this proposed lot line adjustment would do.

Jim Horgan stated he would be in favor of approving this request because it appears to have been an administrative error in not making sure the lot line adjustment was filed properly. The Board was unable to recall if they knowingly approved the site plan review with the lot line adjustment being noted. Julie questioned if this land area (that is to be given to the abutter) was included in the footage for the density calculation. Mr. Campbell responded no. Julie stated that she believes this board would need a legal opinion on whether or not they can grant this lot line adjustment.

Charlie King recused himself from the meeting so that he could search the applicants’ file for any answers. Don MacVane took over the meeting and seated Gerry Gibson for Charlie King. (This application was put on hold until later in the meeting so that Charlie would have time to search for documents.)

Continuation of Application from 6-6-2007 for Site Review; By Phil and Kim Hunter (Tax Map R22, Lot #3) Located at 310 Ten Rod Road; in the (AR) Agricultural Residential Zoning District; to operate storage of landscaping vehicles and wood in the additional driveway (additional driveway previously approved to park construction vehicles only).

Phil Hunter provided the Planning Board with a drawing of his site but stated that he really can't afford to make any changes to the current site right now. David Kestner reminded him that this Board asked him to move his equipment back so that he would be protected from theft, noise would be filtered more and there would be more room for trucks to enter and exit. Mr. Hunter responded that if he was given the time he could bring the driveway back another 40 feet. Don MacVane asked if Mr. Hunter felt he could complete the excavation in 12 months and Mr. Hunter replied yes. Mr. Hunter also agreed to put up a post and chain at the entrance to protect him from theft.

Paul Parker motioned to accept the revised site plan, which reflects a 140-foot depth driveway and a gate, seconded by Gerry Gibson. Motion carried with all in favor.

Jim motioned for a recess, David Kestner seconded. Motion carried.

Meeting recessed at 11:45pm. Charlie King reconvened the meeting at 11:52pm.

Continuation of discussion for the application for a lot line adjustment by RSA Development from earlier in the evening.

Charlie King informed the Board that he pulled a copy of the Mylar from the site plan review for the subdivision and it shows the lot line where it is now proposed to be if this application is approved. Julie LaBranche stated that the applicant could grant the abutter a permanent easement giving the abutter exclusive use of the property.

Hiram Watson motioned to approve the application for the lot-line adjustment by RSA Development, LLC (Tax Map U12, Lot #23) contingent upon legal review that this adjustment is legal based on the previous application, seconded by Jim Horgan. Charlie King offered a friendly amendment that Julie LaBranche draft the email to legal about this matter. Motion carried with Paul Parker and Charlie King opposed.

Jim Horgan motioned to adjourn, Don Mac Vane seconded. Motion carried.

Meeting adjourned at 12:02pm.

Respectfully Submitted,

Brandy Sanger

Recording Secretary

APPROVED AS AMENDED (Typographical corrections) 08-07-2007

____________________________________ ___________________

Charlie King, Chairman Date

Farmington Planning Board