TOWN OF FARMINGTON
PLANNING BOARD MEETING MINUTES
TUESDAY - AUGUST 7, 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 - with notification
Selectmen's Rep: Marty Gilman
S.R.P.C.: Julie LaBranche, Strafford Regional Planning Commission
Public Present: Randy Orvis, Richard Maloon, Norman Russell, James Spaulding, Matt Stormann,
Chris Jacobs, Marc Jacobs, Tony Alcorn, John Law, Steve Yurick, Diane Berry,
Bill Berry, Joe Pitre and Holly Atwell.
Chairman King called the meeting to order at 6:02pm.
Old Business:
Review of Minutes: Hiram Watson moved to accept the minutes of 7/10/07 as amended, Jim Horgan seconded. Motion passed with Marty Gilman abstaining.
Paul Parker moved to accept the minutes of 7/24/07 as written, Jim Horgan seconded. Motion passed with Paul Parker, Hiram Watson abstaining.
Other Business: Julie LaBranche suggested the board consider revising the sub-division application. The Board was in agreement that this document could use some revisions and Julie will work on some suggestions to bring back to the board.
Julie also questioned if the board thought it would be helpful to have a department head "sign-off" sheet that would inform this board that the department heads are comfortable with the conditions set forth at the TRC meetings. Charlie King responded that the TRC is an advisory committee in which the Planning Board takes recommendations from for consideration but don't necessarily have to use as conditions of approval. Don MacVane added that he feels the department heads can follow an application through until it is approved. Julie remarked that her concern is that a lot of information has been coming through the applicants as to what someone else said as opposed to getting a letter or email from a department head. Jim
Horgan suggested that if there are any unresolved issues raised at the TRC meetings than the applicant should be asked back to attend a second TRC meeting. The Board and Julie were in agreement with this suggestion.
Preliminary Discussion: By Chris Berry - Berry Surveying and Engineering regarding Gail Ellis 31-lot Subdivision located on Ten Rod Road in the (AR) Agricultural Residential Zoning District (Tax Map R22, Lot #7).
Chairman King announced there was no one present to discuss this matter.
Charlie King motioned for recess, 2nd by David Kestner. Motion carried with all in favor. Meeting recessed at 6:21pm.
Chairman King called the meeting back to order at 6:31pm and opened the Public Hearing.
New Business:
Compliance Hearing - Peter Alfe: By (Tax Map R03, Lot #004); In regard to the N.O.D. requirement from the Planning Board Meeting of 07-11-2006 - 4 conditions of compliance apply; additionally as follow-up to come into compliance as of 07-11-2007.
Chairman King informed the board that Mr. Alfe is not present at the meeting and asked how they would like to proceed. Don MacVane motioned to place this item agenda at the rear of the agenda, 2nd by Hiram Watson. Motion failed with Don MacVane in favor and all other members opposed.
Jim Horgan motioned to revoke the site plan review approval for Peter Alfe (Tax Map R03, Lot #004) because Mr. Alfe failed to meet any of the conditions of approval within one year and provided no request for an extension, 2nd by Paul Parker. Discussion followed that a certified letter will need to be sent to Mr. Alfe informing him of the Planning Board's action. Motion carried with all in favor.
Continuation of Discussion from 07-10-2007;Re: Procedural follow-up to resident James Spaulding's submittal of documents arguing that his land has been encroached upon.
Don MacVane recused himself from this discussion and Chairman King seated alternate Gerry Gibson for Don MacVane.
Chairman King stated that it is his opinion that Mr. Spaulding is arguing that the third condition of approval in which the applicant was to provide a survey was not met and that Mr. Spaulding has provided documents to support his argument.
Julie stated that she was unclear as to exactly what to ask Legal Counsel advice on and suggests forwarding all the materials provided to Town Counsel for a legal opinion as to what the planning boards avenue is to answer if the 3rd condition of approval was met. Julie also stated that the time frame for appeal as already passed, so she would also like clarification as to how this Board should precede with reconsidering/revoking a decision that occurred so long ago.
Charlie stated that this Board needs a sound legal opinion as to whether or not this is a compliance issue with the applicant and if so, would he be responsible for any fees associated with the research.
Marty Gilman asked Mr. Spaulding if he has had his property surveyed. Mr. Spaulding responded no because his title deed clearly states where his boundaries are and that they were well established by pins in 1990 during this project.
Julie commented that another question for Counsel would be how to handle this case where it has been to court two times. Julie also asked Mr. Spaulding what he is seeking as a result of this inquiry. Mr. Spaulding responded he is really unsure right now, he just wants his land back, and he has been paying taxes on his property that has been taken over by the road. Julie also questioned what the Planning Board would do if they found the applicant was not in compliance. Charlie responded that the Board would have to deal with that situation when and if it arises.
Julie asked Mr. Spaulding if he knows if his neighbors are also seeking tax relief. Mr. Spaulding responded that in 1990 a temporary access agreement was given by himself and his neighbors and they just want their road back. He also commented that this road was never meant to be an entrance and it is a very dangerous area.
Julie recommended continuing this discussion on the workshop date in which she will have a written response from Legal at that time. She also suggested that the Planning Board send a letter to the applicant stating that they are not in compliance with the 3rd condition of approval. Charlie responded that before any letters go out he would like to receive the Legal opinion first as to whether or not the applicant is compliant or not.
Mr. Spaulding informed the board that he is seeking legal counsel to help him reclaim his land. John Law commented that maybe this board brings in an arbitrator with an objectionable view to assist all parties involved in this situation to come up with a suitable agreement to resolve it.
Charlie King motioned to continue the discussion brought forward by James Spaulding to 08/21/07, 2nd David Kestner. Discussion followed that Julie will ask Town Counsel; a.) What the Planning Board's avenue is for determining compliance; b.) If find that survey is inadequate what is the Board's recourse; c.) To review the N.O.D. and documents provided and make an opinion if the survey meets the requirements of the conditions of approval and; d.) Recommendations for 3rd party review and who should pay for it. Motion carried with all in favor.
Chairman King reseated Don MacVane for the next discussion but he was not present.
Application for a Voluntary Merger: By: Diane M. & Gary Hagopian (Tax Map R06, Lot #061 & #062); Property located at 31 Lancelot Road; in the (AR) Agricultural Residential Zoning District. After merger lot will be R06, Lot #061.
Jim Horgan motioned to approve the voluntary merger by Diane & Gary Hagopian (Tax Map R06, Lot #061 & #062), 2nd Hiram Watson. Motion carried with all in favor.
Chairman King reseated Gerry Gibson for Don MacVane.
Application for Voluntary Merger By: John Cardinal (Tax Map R19, Lot #22, 23-1 and 24) Property located at 100 Cocheco Road; in the (RR) Rural Residential Zoning District. After merger lot will be R19, Lot #24.
Charlie informed the Board that the applicant came before the Planning Board last year and has a reclamation plan for his lot that has a non-conforming use. Julie stated that the applicant needs to seek a variance for an extension of a non-conforming use. The applicant was not present.
Joe Pitre informed the board that the plan provided by the applicant does not show the 50-foot boundary line adjustment that was part of his agreement when he sold the parcel of land to Mr. Cardinal. Mr. Pitre stated that technically Mr. Cardinal does not own the land until the 50-foot boundary line adjustment is approved and documented. Mr. Pitre added that he is not against the proposed voluntary merger but feels the sale agreement needs to be completed first.
Julie recommended continuing this discussion when the applicants can be present and informing Mr. Pitre of that date. Jim Horgan motioned to continue the discussion of the voluntary merger by John Cardinal (Tax Map R19, Lot #22, 23-1 and 24) to 09/04/07, 2nd Hiram Watson. Motion carried with all in favor.
Charlie King recused himself from the meeting, Don MacVane was reseated and Gerry Gibson was seated for Charlie King.
Continuation of Discussion of the Reclamation Plan By: A. J. Foss (John Cardinal/ Paul Cardinal) (Tax Map R19, Lot #24); Per N.O.D. 09-07-2006 - 4th condition of approval, 03-06-2007 meeting and meeting of 06-05-2007 that was tabled as there was no applicant representation. Property located at 100 Cocheco Road in the RR (Rural Residential Zoning District.
Jim Horgan motioned to move the discussion of the Reclamation Plan by A.J. Foss (Tax Map R19, Lot #24) to the bottom of the night's agenda seeing there was no representation, 2nd Gerry Gibson. Motion carried with David Kestner opposed.
Application for a Minor Site Plan Review By: Holly Atwell (Tax Map R32, Lot 023); To operate a small scale retail pet feed & specialty store out of the basement of the house; Property located at 188 Main Street; in the (SR) Suburban Residential Zoning District.
Julie commented that the applicant needs to submit a sketch with specifications for a proposed business sign for review by the Building Inspector for compliance with Section 3.09 Signs of Zoning Ordinance.
Jim Horgan asked what Ms. Atwell is proposing for lighting. She replied that she has a light over the entrance door that will be changed to be a spot light and will have both a switch and motion lights in the driveway.
David Kestner asked if there is a grade to the entrance of her proposed business. Ms. Atwell responded that there is a gravel way that goes to the left side of her home and out to her barn. David asked how she would maintain it in the winter. She replied that she would plow it. David also asked if the fire department mentioned any requirement of additional fire extinguishers at the TRC meeting. Ms. Atwell responded she does not recall, but she has no problem with having additional extinguishers.
Paul Parker stated that the entrance needs to be handicapped accessible. Ms. Atwell responded that the door is 36 inches wide. Paul asked if Ms. Atwell plans to provide pet care/daycare services. She replied no. Paul also asked if there is another business other located on this property. Ms. Atwell responded no, that Atwell Motors closed in February of this year and that the vehicles for sale now are their personal vehicles.
Jim Horgan was concerned with the handicapped accessibility and how those patrons would access her entrance down the slope. Ms. Atwell stated that she could have her handicapped parking spot right by the entrance door.
Don MacVane asked if Ms. Atwell is proposing a paved walkway. She responded she does not want to pave it but plans to address it in some way. David added that the entrance needs to meet ADA requirements and have a hard, passable surface year round. Ms. Atwell stated she would use stone done for the walkway. Don added that the walkway needs to be at least 36 inches wide.
No abutters present.
Don MacVane motioned to approve the Minor Site Plan by Holly Atwell (Tax Map R48. Lot #6) to operate a small retail pet feed and specialty store out of her basement; with the following conditions; 1.) Installation of lighting in the pathway to the basement; 2.) 36" stone dust walkway to the entrance to be inspected by the Code Enforcement Officer to ensure it meets ADA requirements; 3.) At least one fire extinguisher, with Code Enforcer's approval; 4.) Code Enforcer to inspect the electrical services in the basement and 5.) A plan is submitted for the business sign with the specification to the Code Enforcer for his approval. 2nd by Hiram Watson. Motion carried with all in favor.
David Kestner motioned for a five-minute recess, 2nd Jim Horgan. Motion carried. Meeting recessed at 8:05pm.
Don MacVane reconvened the meeting at 8:16pm and Charlie King was reseated.
Application for a 2-lot Subdivision By: Bruce A. Woodman (Tax Map R48. Lot #6); under the Farmington Zoning Ordinance "Rear Lot Subdivision" Section 3.04; Property located at 236 Charles Street; in the (RR) Rural Residential Zoning District. Presented by Randy Orvis, Orvis/Drew, LLC.
Randy Orvis informed the board that there is an existing single family home on the front lot and the rear lot is proposed for a new development. Mr. Orvis stated that the existing driveway would be reclaimed with a new common way being created on an existing wetland crossing. Mr. Orvis stated that NHDOT has already granted permission for the new driveway and provided documentation that states such. He also stated that he is waiting for a response from Legal on the driveway easement document.
Matt Stormann, abutter, stated that he is concerned that the water flow that currently goes where the proposed driveway is might be interrupted. Mr. Orvis responded that there is no evidence that the culvert cannot accommodate the flow and that he is not planning to disturb this area.
Marty Gilman questioned if the culvert is capable of withstanding the load of concrete trucks, etc. that will be brought in for the new development. Mr. Orvis responded that he believes so because there is a good 3-feet of compacted fill over the culvert.
Jim Horgan asked how fire apparatus would be accommodated. Mr. Orvis responded that it would be like any other single family home.
Charlie asked if the proposed new development would have septic/well. Mr. Orvis responded that he has done test pits and there is sufficient materials/water available. Charlie also added that the common way needs to be at least 10' wide with 2' shoulders and that it needs to be properly signed in accordance with E911 standards.
Don suggested that before the plat is signed the existing driveway needs to be reclaimed and the proposed driveway created. The Board and Julie were in agreement.
Paul Parker asked what would happen if the culvert does not sustain development. Mr. Orvis responded that they would have to apply for an emergency permit to fix it to the way it was or better. Paul suggested having the culvert inspected after development as a condition of approval.
Paul Parker motioned to accept the application for a 2-lot subdivision by Bruce Woodman (Tax Map R48, Lot #6) as substantially complete, 2nd Jim Horgan. Motion carried with all in favor.
Julie commented that the buildable area chart is incorrect with the lot numbers cited and that column four should be contiguous upland.
Charlie King motioned to approve the application for a 2-lot subdivision by Bruce Woodman (Tax Map R48, Lot #6) with the following conditions of approval;
1. Signage approved by Code Enforcer for driveway to meet E911 standards,
2. Re-inspection of the culvert before issuance of CO,
3. Town Counsel approval of common driveway easement,
4. Plat not signed until common driveway is built
5. Existing driveway reclaimed,
6. State subdivision approval received,
7. Driveway in place before issuance of building permit on rear lot,
8. Driveway meets minimum requirements of road (10'wide with 2' shoulders), and
9. Changing of notes in buildable area chart to reflect correct lot numbers and that column four is
for contiguous uplands.
2nd by Don MacVane, Motion carried with all in favor.
Paul Parker motioned to extend the meeting for 45 minutes, Don MacVane seconded. Motion carried with all in favor.
Application for a Preliminary Subdivision By: New Dam Partners, LLP; to allow for a 50-lot subdivision Phase II development (Tax Map R60, Lot 18 and R49, Lot #58); Located off of Bay Road; in the (SR) Suburban Residential Zoning District; Presented by Chris Jacobs, Crown Point Survey.
Chris Jacobs of Crown Point Survey informed the board that on 5/9/07 he met with Julie and went over the project extensively and then attended the TRC meeting on 7/19/07. From there he addressed the concerns brought up with the wetlands bureau and made some changes to create the least amount of impact. He stated he also met with the school board and got their approval for the project. Mr. Jacobs added that on 8/3/07 he received a letter stating that if the plan were to impact 25% slopes of greater than the applicants would need to go to the ZBA for a variance because they are considered unbuildable. Mr. Jacobs argues the point that his interpretation of the Zoning Ordinance is that he can cross the 25% slopes because his intent is to stabilize and maintain erosion and handle the water. Mr.
Jacobs then asked if the Board agrees with his interpretation and if they like the design as presented tonight.
Charlie responded that the Planning Board gave the power of Zoning Ordinance interpretation to the Planning Office and because Julie LaBranche now represents the office the Planning Board does not have any authority to override her official determination of the interpretation of the ordinances.
Mr. Jacobs argued that according to state law, the code enforcement officer is the only person who has authority to interpret ordinances and that he is very frustrated with the information he has been receiving and not receiving from Julie. Charlie informed Mr. Jacobs that it was not in his or his applicant's best interest for him to continue this discussion in such an antagonistic demeanor.
Tony Alcorn, of New Dam, apologized for the personal comments made by Chris Jacobs. Marty asked if this same demeanor was taken at the TRC meeting and Mr. Alcorn responded no.
Steve Yurick stated he has some comments from the building and grounds committee and is not representing the school board tonight but that the Board did not give a yeah or nay to this project but promised to look at it. Mr. Yurick stated that he believes strongly that the Town needs to address the traffic concerns on the school properties but the proposed access for the development would end up where the "planned" expansion for VVCS would be. Therefore he would suggest the Planning Board be cautious when approving this plan. Paul Parker asked if this access was not created if the students within the development would have to be bussed. Mr. Yurick stated that he would think so, but it would be a question for the bus coordinator.
Marty stated that he could see a walking path but can not see a gated entrance here and that in the past there was a petition brought forth to create a gated fire access and the Town voted it down by about 10-1.
Julie asked if the "access" would require construction of school property to handle emergency apparatus. Mr. Yurick responded he was unsure but if so the taxpayers would be responsible for it.
At 9:50pm Don MacVane motioned to continue the meeting for 20 minutes, 2nd Hiram Watson. Discussion followed that Charlie was not in favor; Paul Parker added that the Public had not had time to speak yet. Motion carried with David Kestner, Charlie King and Marty Gilman opposed.
Chairman King called for Public Input. John Law stated that he believes all the conditions of approval for Phase I have not been completed because on Lot #8 there is a large boulder that has not been removed and has created a significant amount of erosion. Mr. Alcorn responded that he was unaware of this but will address it immediately. Mr. Law continued that any preliminary approval to Phase II should include improvements to the site distances to the two curb cuts on Bay Road. He believes there are significant safety concerns in this area and noted the recent accident.
Julie responded to earlier comments on her interpretation of the Ordinances stating that 1.05 of Section 2.0; Compliance with Conflicting Codes reads taht the higher standard shall be imposed. So when go to pg. 55 of the Ordinance number 3 for no site disturbance on 25% slopes except for logging or a single development this is the higher standard. She stated one must meet requirements of #4 if get a variance from #3 and then also meet the standards set forth in #9 of this section as well. Therefore the appropriate means is to seek a variance from #3. She also commented that she has not issued any comments regarding the current plan provided tonight but will do so.
Marty stated that he gives Julie his vote of confidence and did not appreciate Mr. Jacobs comments and antagonistic demeanor.
Charlie King motioned to continue the discussion on the application for a preliminary Subdivision by New Dam Partners, LLP (Tax Map R60, Lot 18 and R49, Lot #58) to 09/04/07, 2nd Hiram Watson. Discussion followed that Julie will revise her determination letter in regards to the plan presented tonight and then the applicant can devise a plan of action. Don stated he would like to see a set of plans from the school department. Julie also commented that there are a lot of Class 2 wetlands that will require a 50 foot buffer and that the applicants will probably require a dredge and fill permit, substantial buffer impact and lots of 100' development setbacks. She commented that there are quite a few lots that will have substantial issues and it would be beneficial to look at each lot
individually. Motion carried with all in favor.
Continuation of Discussion of the Reclamation Plan By: A.J. Foss (John Cardinal/Paul Cardinal) (Tax Map R19, Lot #24); Per N.O.D. 09-07-06 - 4th condition of approval, 03-06-07 meeting and 06-05-07 meeting that was tabled as there was no applicant representation. Property located a 100 Cocheco Road in the (RR).
David Kestner motioned to continue the discussion of the Reclamation Plan by A.J. Foss (Tax Map R19, Lot #24) to 09-04-07, 2nd Hiram Watson. Motion carried with all in favor.
Other:
Charlie informed the Board that Dennis Laughlin requested a continuation until 09/04/07. Paul Parker motioned to continue the discussion for Dennis Laughlin until 09/04/2007 as requested, 2nd Don MacVane. Motion carried with all in favor.
Jim Horgan motioned to adjourn, 2nd Don MacVane. Motion passed with all in favor.
Chairman King adjourned the meeting at 10:21pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS AMENDED 09-04-2007
Amendments were grammatical changes
______________________________ ________________________
Charlie King, Chairman Date
Farmington Planning Board
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