TOWN OF FARMINGTON
PLANNING BOARD WORKSHOP MEETING MINUTES
Tuesday - August 21, 2007
356 Main Street, Farmington
Members Present: Chairman Charlie King, Paul Parker, David Kestner, and
Alternate Cindy Snowdon.
Members Excused: Jim Horgan, Don MacVane, Gerry Gibson, David Meehan
Selectman's Rep Present: Martin Gilman
S.R.P.C. Staff Present: Julie LaBranche, Sr. Land Use Planner, Strafford Regional Planning Commission
Public Present: Laura Spector (Town Counsel), James Spaulding, Norman Russell
Chairman Charlie King opened the meeting at 6:00pm. Chairman King seated Alternate Cindy Snowdon for Don MacVane.
Chairman King announced that the Planning Board would hold a legal discussion with Town Counselor, Laura Spector. During the discussion Cindy Snowdon recused herself from the discussion due to a conflict of interest.
Discussion with counsel ended at 7:15pm.
OLD BUSINESS:
Request from the Planning Department for approval to pay the invoice as submitted by CLD Consulting Engineers as relates to Governors Road Subdivision.
An invoice dated August 10, 2007 was received from CLD Consulting Engineers in the amount of $1377.81 for the first round of review they did on the Governors Road Subdivision. Julie informed the Board that the applicant has $2500 in escrow that was put there specifically for this third party review and she substantiated the bill. Paul Parker motioned to approve the payment of $1377.81 to CLD Consulting Engineers, 2nd by David Kestner. Motion carried with all in favor.
Other Business to come before the Board.
Julie recommended that the Planning Board designate the Secretary of the Department of Planning and Community Development and the Director of Planning as the Board's agents to process payment of fees collected by the local land use board from an applicant to cover an expense lawfully imposed upon an applicant and submit them to the municipal treasurer for payment. Paul Parker stated that he believed Doreen, Planning Secretary, already had this authority. Julie responded that she, as well as Doreen, is unaware of this designation. Marty Gilman stated that he believes the Planning Board Chair should be the designee because he is aware of what work has been completed successfully, where as Doreen may not know if the work was complete of satisfactory.
David Kestner motioned to designate the Planning Board Chair to authorize the payment of fees out of the applicant escrow accounts per RSA 673:16.II. (d), 2nd Paul Parker. Discussion followed that resident, Norman Russell, felt the Board could not motion on this procedural change without properly noticing it on their agenda. Julie commented that procedure is not being changed just the designee and that the RSA does not require public notice. David Kestner and Paul Parker withdrew their motion.
David Kestner motioned to pay the Strafford Regional Planning Commission invoices noted on the memo from the Planning Secretary dated 8-15-2007, 2nd Paul Parker. Motion carried with all in favor.
Charlie King motioned to add the procedural change for the designee to process payment of fees lawfully imposed on applicants by the land use board and a discussion for payment procedures to be added to the next meeting agenda, 2nd David Kestner. Motion carried with all in favor.
Julie informed the board that the Planning Office will be sending out friendly reminders to a few applicants who have not paid their engineering invoices. Charlie stated that this Board might want to consider making one of the conditions of approval that all fees must be paid in full before final approval is given.
NEW BUSINESS:
PUBLIC HEARING OPENED
Continuation of Site Plan Review Application from 06-06-2007, 06-19-2007 and 07-24-2007; By Mrs. Stamatia Miminas (Tax Map U05, Lot #182); Located @ 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 and full bath on the 2nd floor; 1st floor comprised of 1/2 bath, kitchen, living room and dining room.
The applicant submitted a written request to move the above agenda item to the planning board meeting of 02-05-2008. Paul Parker motioned to approve the request for continuation to 02-05-2008 for a site plan review application by Mrs. Stamatia Miminas (Tax Map U05, Lot #182), 2nd David Kestner. Motion carried with all in favor.
Continuation of a Minor Full Site Plan Review from 05-01-2007, 06-05-2007, 07-10-2007 and 07-24-2007; By S& E Construction (Steve Edwards) (Tax Map R59, Lot #4); For the approval to construct a proposed 40' x 80' building; for use as a contract yard & 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.
The applicant submitted a written request for a 30-day continuation on the above agenda item. David Kestner motioned to approve the 30-day continuation request by Steve Edwards (Tax Map R59, Lot #4) and continue the application to the 09-18-2007 workshop, 2nd Paul Parker. Discussion followed in which Charlie King was not in favor of putting this item on the workshop schedule. David Kestner and Paul Parker withdrew their motion.
David Kestner motioned to continue the discussion by Steve Edwards (Tax Map R59, Lot #4) to the 10-02-2007 Planning Board Meeting, 2nd Paul Parker. Motion carried with all in favor.
Continuation of Subdivision Application from 05-01-2007, 06-05-2007, and 07-10-2007; 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.
The applicant submitted a letter dated 08-20-2007 to continue the application until 09-18-2007. Julie stated she needed a moment to research if the applicant would be over their 90-day extension if this request were to be granted. Charlie King motioned for a recess, 2nd by David Kestner. Motion carried. Meeting recessed at 8:25pm.
Charlie King reconvened the meeting at 8:32pm. Julie informed the Board that the applicant would need to request another extension to go past 10-10-2007 if the application is not accepted or denied before then. Paul Parker motioned to continue the subdivision application by Governors Road Realty, LLC (tax map R1, Lot # 1 & 1-1) to 10-02-2007, 2nd David Kestner. Motion carried with all in favor.
Continuation of Discussion from 07-10-2007 and 08-07-2007 Re: Procedural follow-up to resident James Spaulding's submittal of documents arguing that his land has been encroached upon including review of Town of Farmington Counsel opinions of items (A), (B), (C), and (D) of meeting minutes dated 08-07-2007.
Cindy Snowdon recused herself from this discussion. Charlie King stated that the Planning Board received legal counsel on the request for reconsideration. Paul Parker stated that Mr. Spaulding attempted to raise issues in both the Strafford County Superior Court and then the NH Supreme Court, related to Dick Dame Lane and the development the Planning Board approved for Farmington Ridge Limited Partnership and that both courts have now rejected his complaints. Paul Parker motioned to deny Mr. Spaulding's "Amendment to Prior Submitted Request for Reconsideration" dated July 2, 2007 which requests that the planning board revisit their approval of the development, 2nd David Kestner. Motion carried with all in favor.
Mr. Spaulding asked how he can appeal this decision and Charlie King responded that the time for appealing the development approval has passed and their is not recourse to appeal the decision made tonight by the planning board.
Approval of yearly renewal (08-2007 through 08-2008) Excavation Permit; By: Barron Brothers for Dottie Bean location on Meetinghouse Hill Road (Tax map R21, Lot #15); Property is located in the (AR) Agricultural Residential Zoning District.
Charlie King reseated Cindy Snowdon for Don MacVane. Charlie King informed the Board that the Code Enforcement Officer approves this permit. Paul Parker motioned to renew (08-2007 through 08-2008) excavation permit for Dottie Bean (Tax Map R21, Lot #15), 2nd David Kestner. Motion carried with all in favor.
Other Business
Julie stated she will not be available for the 09-11-2007 meeting but can provide some information to the board on sidewalks. Paul added that the board needs to follow-up with inviting Joel Moulton to the meeting.
Charlie stated that due to the time of year the board needs to consider items they would like to work on for the next Town Meeting. He suggested; changes in the VC to be less restrictive for small site plans; proposed changes to zoning per densities; sidewalks? clarify implementation of condos to come before the Board; subdivision regulations are in draft form; adding and clarifying zoning definitions and clarifying in home business definitions.
Paul Parker motioned to adjourn, 2nd David Kestner. Motion carried with all in favor.
Meeting adjourned at 9:00pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS WRITTEN 09-04-2007
_______________________________ ________________
Charlie King, Chairman Date
Farmington Planning Board
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