TOWN OF FARMINGTON
PLANNING BOARD MEETING MINUTES
TUESDAY - SEPTEMBER 4, 2007
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Hiram Watson, Paul Parker, David Kestner, Don MacVane, and alternate and Cindy Snowdon.
Absent: David Meehan - Alternate - with notification
Jim Horgan - with notification
Gerry Gibson - without notification
Selectmen's Rep: Joan Funk
S.R.P.C.: Julie LaBranche, Strafford Regional Planning Commission
Public Present: Randy Orvis, John Law, Wayne Jenness, Kim Jenness, Bob Talon, Randy Talon,
Tom Blanchette, Dan Woodman, Bobbi Gibbs, Paul Cardinal, John Cardinal, Randy Tetreault, and Dana Joy
Chairman King called the meeting to order at 6:06pm and seated Alternate Cindy Snowdon for Jim Horgan.
Business Before the Board:
Review of Minutes: Don MacVane moved to accept the minutes of 8/7/07 as amended, Hiram Watson seconded. Motion passed with Joan Funk abstaining.
Paul Parker moved to accept the minutes of 8/21/07 as written, Charlie King seconded. Motion passed with Joan Funk, Don MacVane and Hiram Watson abstaining.
Conceptual Discussion By:Randy Talon as representative for the Farmington 500 Boys and Girls Club: Randy Talon presented the proposal to add a second floor to the existing storage building plus a batting cage. He explained that he already received relief from the ZBA from the 15' setback and was told he now needed to have a minor site plan review by this board. Bob Talon asked if the minor site plan review is applicable to this application because they are a non-profit, recreational use.
Julie responded that in reading the Site Plan Regulations she does not believe this application would require site plan review because it is not commercial/industrial or multi-family use. She recommended the applicant have a general discussion with the board to get feedback on the project and approach the Code Enforcement Officer to see if he still feels they need a site plan review. Charlie King motioned that if the Code Enforcement Officer determines this the 500 Boys and Girls Club does not require a site plan review then the Town will inform all abutters to the ballpark of the proposed expansion that is going to occur without review so they have a chance to appeal if need be, 2nd Don MacVane. Motion carried with all in favor. Julie will inform Dennis Roseberry of the discussion
and ask him to review the application and make a final determination.
Paul Parker informed the public that there will be a Sidewalk Discussion on September 11 at 6pm in the Selectman's Chambers to give all residents a chance to voice their opinions on sidewalk development in Farmington.
PUBLIC HEARING 6:47PM
Continued Cases:
Continuation of Application from 04-0302007 Re: Conditions of Approval By: Dennis J. Loughlin (Tax Map U5,Lot # 125); Review for completion of conditions of approval as detailed on the Notice of Decision dated 04-03-2007 for the applicants 60 day and 120 day improvement agreements.
Paul Parker motioned to grant approval to Dennis Loughlin (Tax Map U5, Lot #125) noting that all conditions of approval have been met, 2nd David Kestner. Discussion followed that a final Notice of Decision will be issued stating that he has final approval because he met all the conditions. Charlie King offered the friendly amendment to have himself sign the final Notice of Decision; Paul Parker and David Kestner both accepted the amendment. Motion carried with all in favor.
Continuation of Application Discussion from 08-07-2007: For a 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 King motioned to continue the Voluntary Merger Discussion for John Cardinal (Tax Map R19, Lot #22, 23-1 and 24) until October 2, 2007, 2nd Don MacVane. Motion carried.
Continuation of Discussion from 08-07-2007 of the Reclamation Plan By:A.J. Foss (John Cardinal/ Paul Cardinal) (Tax Map R19, Lot #24); Per NOD 09-07-2006 - 4th condition of approval, 03-06-2007 meeting and meeting of -6-05-2007 that was tabled as there was no applicant representation; Property located at 100 Cocheco Road in the (RR) Rural Residential Zoning District.
Paul Cardinal requested a six month continuation in order to complete the lot line adjustment and voluntary merger for the parcel he needs to develop a reclamation plan.
Charlie King motioned to extend the condition of approval for one year and continue the reclamation plan compliance hearing until 04-01-2008. 2nd Paul Parker. Motion carried with all in favor.
John Cardinal asked if he needed to meet the conditions of approval because he never sought the building permit for the application. Charlie stated that he would need to meet the reclamation plan still but could check with Dennis Roseberry to see if need to meet the landscaping condition. Charlie also informed the applicant that Julie is reviewing the expansion of the non-conforming use and is going to clarify with Town Counsel as to whether he will need to seek a variance or special use permit or both.
New Cases:
Application for a Preliminary Review for a 13-lot subdivision: By John H. Cardinal (Tax Map R18, Lot #10 & 11); Property located at Great Pine Circle, in the (RR) Rural Residential Zoning District.
Randy Tetreault from Norway Plains presented on behalf of John Cardinal. The applicant is proposing to take the 78 acres that adjoins Great Pine Circle and further subdivide it with 13 residential lots to be accessed by a new roadway which is to be no more than 900 feet. Mr. Tetreault stated that all proposed lots would be serviced by on lot wells and individual septic systems.
Charlie questioned the road frontage on proposed lots #9 and #10 and if the current road meets Town specs? Mr. Tetreault responded that his road engineer, Mr. Rhoades, designed the road so he would assume the road would meet the Town requirements and that Mr. Rhoades will be available for questions during the actual review of the project.
Randy Orvis questioned the lot line between tax map R-18, Lot #10 and #11 and stated that he believes the line should not be there but should be considered during the application. Mr. Tetreault responded that the applicants are still deciding what to do with the remaining 49 acres. Julie added that in Section 4.04 of the Ordinances the remaining 49 acres can be put aside but needs to be identified as such.
Charlie opened the discussion to the public. Dana Joy, abutter, requested a copy of the print and stated that he is concerned that the development will cause drainage issues on his property. Mr. Tetreault explained the drainage plans and Mr. Joy appeared satisfied.
Paul Parker asked if the proposed 900 foot road is measured from the end of Great Pine Circle or the beginning. Mr. Tetreault responded that the new proposed road and the existing road should be a total of 1200 feet. Paul asked if the existing road will need to be brought up to 2007 standards. Mr. Tetreault responded that he is unsure but will address it before the next meeting. Paul also asked about the Homeowners Association. Mr. Tetreault stated that the residents of Great Pine Circle basically have a maintenance agreement right now in which Mr. Cardinal plows the road (because he still owns it) but will need to address a more formal association as development enlarges. Charlie King added that the residents of Great Pine Circle will also have to sign a new contract.
Julie questioned who owns the road. Mr. Tetreault responded that John Cardinal owns the road but once the lots are fully developed then it will have be transferred to the homeowners.
Mr. Tetreault stated that Mr. Cardinal would like to see the feasibility of only building up to 2 lots per year and only be taxed on the lots he builds as part of the condition of approval. The Board responded that they would certainly be willing to consider the possibility of this plan.
Hiram Watson stated that the applicant might want to consider sidewalks in his plan and would also need to address mailbox placement, a bus shelter and pedestrian access.
Mr. Tetreault informed the Board that at this point he plans to formalize the plans, go back to TRC and then come back to this board for subdivision approval. He also asked what the Board sees happening with the remaining 49 acres that are not proposed to be developed. The Board responded that it would be up to Mr. Cardinal to decide how he wants to deal with the land, whether he wants to keep it, have it is a common land for the homeowners, add the land to another lot or put the land in a Town Conservation Easement.
David Kestner motioned for a five minute recess, 2nd Hiram Watson. Motion carried. Meeting recessed at 8:14pm.
Charlie King reconvened the meeting at 8:28pm.
Application for Site Review: By Wayne Jenness to operate a Lunch Wagon at 91 Main Street (Tax Map R19, Lot #016); Property owned by James Strout & Gary Hoage who are presently operating a service center known as Ajax Service Center dba Watson Corner Service Center, Inc.; located in the (CC) Commercial Center Zoning District.
Mr. Jenness stated that he would like to park his Lunch Wagon permanently at this property instead of moving it nightly like he is doing now with his Hawkers and Peddlers License. Julie stated that this is a permitted use in the CC with review.
Don MacVane asked how they will get water. Mr. Jenness responded that they have a they use bottled water for cooking that they bring in and bring tap water from home for dishes and cleaning.
Joan Funk informed the Board that Jean Merrill, who is an abutter, contacted her to tell her that she was not notified of the meeting. After reviewing the tax maps, Julie confirmed that Jean Merrill is an abutter and was not properly notified, as well as, 3 other abutters. Charlie informed the applicant that the Board could not consider this application until all abutters were properly notified.
Don MacVane motioned to continue the site review for Wayne Jenness (Tax Map R19, Lot #016) to 09-18-2007 (planning board workshop) so that all abutters are properly notified, 2nd Paul Parker. Motion carried with all in favor.
Application for a Lot Line Revision By: Jean G. Merrill (Tax Map R32, Lot #15, 16, 17, and 18); Property located at 143 Main Street; in multiple zones (CC, RR, and SR) Commercial Center, Rural Residential and Suburban Residential.
Randy Tetreault of Norway Plains presented the proposal to add just under 10,000 square feet of land to the existing house lot to provide additional area around the home. He added that Ms. Merrill is also looking to do a voluntary lot merger of the lots to make them one contiguous lot. Julie stated that no hearing or abutter notice is required for a voluntary lot merger. Charlie King asked the Board if they would be willing to proceed with the lot merger tonight without it being noticed. The Board came to the conclusion that they would like to follow protocol from the past and notice the lot merger on the Planning Board agenda before rendering any decision.
David Kestner motioned to accept the lot line revision for R32, Lot #16 as shown with a condition of approval being that the voluntary lot merger of R32, Lot #15, 16, 17 and 18 is approved, 2nd Joan Funk. Motion carried with all in favor.
Charlie King motioned to continue the meeting until 9:30pm, 2nd Don MacVane. Motion carried with all in favor.
Application for a 3-lot Subdivision; By Kevin D. and Nancy C. Hogan (Tax Map R61, Lot #44 - 1); Property located at Curtis Road; in the (RR) Rural Residential Zoning District.
Randy Orvis, of Orvis/Drew Surveying presented on behalf of the Hogans. Mr. Orvis stated that he received NHDES subdivision approval and that the proposed subdivision is to create 2 new building lots on a 29.33 acre parcel located on Curtis Road.
Charlie asked if Mr. Orvis requested a waiver of delineation topo of remaining land, Mr. Orvis stated that he plans to. Don MacVane motioned to waive the requirement from Section 4.09(b) for complete delineation of topo on remaining land conditional upon Randy Orvis supplying the written waiver request, 2nd Paul Parker. Motion passed with all in favor.
Charlie asked about proposed driveway positions and Mr. Orvis replied that the builders can decide where to put their driveways but there is sufficient site distance.
Julie asked how Mr. Orvis delineated the wetlands. Mr. Orvis responded that there are no Class II wetlands in Farmington and that he used the NWI delineations, but that the wetlands are not contiguous to any Class II wetlands.
There was no public comment. Don MacVane motioned to accept the application from Kevin & Nancy Hogan (Tax Map R61, Lot #44-1) as substantially complete, 2nd Paul Parker. Motion carried with all in favor.
Don MacVane motioned to accept the 3-lot subdivision as proposed by Kevin & Nancy Hogan (Tax Map R61. Lot #44-1) conditional upon the revision of the plan to include the contiguous uplands instead of buildable land and a written request to waive section 4.09(b), 2nd Joan Funk. Motion carried with all in favor.
Hiram Watson motioned to continue the meeting for 10 minutes, 2nd Don MacVane. Motion carried with all in favor.
Discussion of Administrative Policy: For discussion of administrative policy for processing and payment of fees relating to technical, professional and other review services required by the board for an application; RSA 673:16.II.(d).
Charlie reminded the board of last meetings discussion on the processing and payment of fees. Julie stated that it is stated plainly in the site plan regulations that the fees are expended and what for so she believes it is redundant to notify applicants of bills again before they are paid.
Cindy stated that in sub-divisions the escrow accounts are undetermined and therefore her concern is that the applicant might not be aware that his account is low. Julie responded that Doreen Vartanian is very good at keeping the applicants informed of their account status.
Don MacVane motioned to table this discussion of administrative policies in regards to processing and payment of fees for applicants until September 18, 2007, 2nd David Kestner. Discussion followed that Julie will not be present at this meeting due to a conflict. Charlie stated that he also would like the opinion from the Town Administrator as to how he feels this processing should happen. Motion carried with all in favor.
Cindy Snowdon motioned to adjourn, 2nd Don MacVane. Motion passed with all in favor.
Chairman King adjourned the meeting at 9:50pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS AMENDED 10-02-2007;
Page 2 of 6; 3rd bulleted item; In the motion; correct the compliance hearing date to read 04-01-2008 from 04-03-2008.
__________________________ ______________________
Charlie King, Chairman Date
Farmington Planning Board
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