TOWN OF FARMINGTON
PLANNING BOARD MEETING MINUTES
TUESDAY - October 2, 2007
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Hiram Watson, David Kestner, Don MacVane,
Jim Horgan and alternates Gerry Gibson and Cindy Snowdon.
Absent: David Meehan - Alternate - without notification
Paul Parker - with notification
Selectmen's Rep: Joan Funk
Staff Present: Daniel Merhalski, Planner
S.R.P.C.: Julie LaBranche, Strafford Regional Planning Commission
Public Present: Chris Jacobs. Steve Edwards. Barbara Marsh, F.X. Bruton, Rick Lundborn, Tom Varney, Roland Freeman, Herbert Rice and Joe Pitre.
Chairman King called the meeting to order at 6:06pm, seated Cindy Snowdon for Paula Parker and introduced the new Town Planner, Dan Merhalski.
Business Before the Board:
Review of Minutes: Hiram Watson moved to accept the minutes of 9/4/07 as amended to change the date for the compliance hearing for AJ Foss from 04-03-2008 to 04-01-2008, Don MacVane seconded. Motion passed with Jim Horgan abstaining.
Don MacVane moved to accept the minutes of 9/11/07 as written, Hiram Watson seconded. Motion passed with Jim Horgan abstaining.
Joan Funk motioned to accept the minutes of 9/18/07 as written, 2nd David Kestner. Motion carried with Cindy Snowdon and Don MacVane abstaining.
Other Business:
Julie LaBranche informed the Board that there would be a Buffer workshop put on by NH Estuaries and SRPC on November 5, 2007 from 6-9pm at the Governor's Inn. She will send an email to the Board members with the information as well and stated if they would like to attend they could pre-register with her.
Julie also commented that the Board received a mailing from the Middleton Planning Board on a Regional Impact Project they are currently considering. Julie stated that this Board could submit a letter of concerns to the Middleton Planning Board if they wanted to. Joan Funk commented that a copy of this project should be forwarded to the Superintendent because of the potential school impact.
Charlie King motioned to formalize a letter of explanation and the project plan to the Superintendent of the Farmington School District through Doreen Vartanian, Planning Secretary and continue to keep the school department updated on the project, as the board is, 2nd Don MacVane. Motion carried with all in favor.
Charlie King motioned to recess until 6:30pm, 2nd Hiram Watson. Motion carried with all in favor. Meeting in recess at 6:14pm.
Chairman King called the meeting back to order at 6:32pm and opened the Public Hearing.
Continued Cases:
Continuation of Discussion(s) from 09-04-2007 and 09-18-2007: Re: 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 King motioned to table the discussion on the administrative policy for processing and payment of fees relating to review services required by the board or an application and allow the new planner and administrator to come up with a feasible policy, 2nd Don MacVane. Motion carried with all in favor.
Continuation of a Minor Full Site Plan Review from 05-01-2007, 06-05-2007, 07-10-2007, 07-24-2007 and 08-21-2007; 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 and bulk materials stockpile; Parcel is 1.18 acre +-; Located at 1078 N.H. Route 11; in the (IB) Industrial Business Zoning District; Presented by Crown Point Survey and Engineering - Chris Jacobs.
Chris Jacobs of Crown Point Survey and Engineering presented on behalf of Steve Edwards. Mr. Jacobs began by explaining that responding to the comments made at the last meeting the applicant has; 1. Reduced the back paving by making a gravel base instead, 2. Has included a lighted signage plan as well as depicted four lights on the plan, 3. Has reduced the parking spaces from 20 to 15 and moved the spaced further into the property to maintain the 25' buffer, 4. Depicted that the bulk materials will be covered with a tarp when not in use, 5. Noted on the plan that the garage is for S & E vehicles only, 6. Noted on the plan that all used oils/fuels will be burned for heat, 7. Has depicted that he is going to remove the concrete pad so that water won't run over and drain into the leech field, 8. Has depicted a
grass treatment swale on the north side to aid proper drainage and 9. Has included a landscaping plan to plant three blue spruce trees to replace the ones that were taken out on the north side.
Charlie King asked where the shed is being relocated. Steve Edwards replied that the shed is leaving the site. Charlie questioned if the applicant has a grading plan for where the concrete slab is now to move water in the right direction when draining. Chris Jacobs responded that the water would naturally go over the pavement and continue on its' current path.
David Kestner questioned whether it would be advantageous to install a small pebble dam to stop/filter sand and sediment from crossing the grass swale. Mr. Jacobs responded that David made a very good point and he will add such check dams every 50'.
Charlie noted that a handicapped sign needs to be installed on the building to delineate the space. Charlie asked if the applicant is still requesting the waiver of the 25' buffer. Mr. Jacobs responded that he does not believe he needs it because the parking spaces were pulled in further on the property.
Charlie King opened the discussion for public comment.
Julie LaBranche commented that the original site review application needs to be signed by the current landowner. Mr. Edwards responded that he would get him in this week to sign the appropriate paperwork. Julie also asked if abutting wetlands are Class II or III because they would require a 50' foot buffer. Mr. Jacobs responded that he did not notice any contiguous wetlands.
Julie stated that the southern boundary does not meet the landscaping buffer setback of a minimum of 25 feet. Charlie King added that this area is not being touched. Julie continued that according to Section 2, Part A of the Zoning Regulations a waiver would need to be requested, because the intent of the buffer is for it to be
re-vegetated. Charlie asked the other members of the board if they would be in waiver of granting this waiver. The board members agreed that granting the waiver would not be a problem though they would like to see trees planted on the southern side and re-vegetated.
Chris Jacobs offered a written waiver to state that the applicant "respectfully requests a waiver of the minimum side buffer of 35' to 25', rear buffer of 35' to 30' and front buffer of 50' to 25' in lieu of a requirement that he offers a mixture of evergreen plantings along the southern side to be approved by the code enforcement officer to ensure they meet the intent of the screening requirement and to be completed by 06-15-2008”.
Don MacVane motioned to accept the request for waiver as stated above, 2nd Hiram Watson. Motion carried with all in favor.
Julie asked for clarification as to where the office and entrance will be. Mr. Jacobs replied that the entrances have not changed since the first layout and showed her where they were located. Cindy noted that a sign would need to be installed to delineate "office."
Charlie stated that the snow removal site needs to be depicted on the plan. Mr. Jacobs stated he will add this to the plan but it will be put so that the snow run-off is forced to go through the swale areas.
Mr. Jacobs commented that the Architectural plans are the same as the first discussion but he will add them to the revised plan.
Charlie King motioned to accept the plan by S & E Construction (Tax Map R59, Lot #4) as substantially complete, 2nd Don MacVane. Motion carried with all in favor.
Jim Horgan motioned to approve the plan presented by S & E Construction (Tax Map R59, Lot #4) contingent upon;
Signage being installed to delineate traffic flow direction, parking, bulk material storage areas,
the office and the handicapped parking space.
The landowner signing the original full site plan review application.
3. Check dams being installed every 50' along the grass swale on the north side.
The building materials for the building being delineated.
5. Revised plans with the proposed plantings per the granted waiver being turned in to the
Planning Office.
Paved apron installed at the office entrance being installed.
Specification of the fence screening the dumpster being given.
A correct plan to depict the snow removal sites.
Change "relocate" shed to "removal" of shed on plans.
2nd Don MacVane, Motion carried with all in favor.
Charlie King motioned for a 5-minute recess, 2nd Jim Horgan. Motion carried with Don MacVane opposed.
Meeting recessed at 7:52pm.
Meeting reconvened at 8:00pm.
Continuation of a 23-lot Subdivision Application from 05-01-2007, 06-05-2007, 07-10-2007 and 08-21-2007; By; Governors Road Realty, LLC (Tax Map R1, Lot #1 and #1-1); Property located on Governors Road; in the (RR) Rural Residential Zoning District; Presented by Norway Plains Associates, Inc.
Rick Lundborn of Norway Plains Associates presented on behalf of the applicant, Barbara Marsh, as well as, her attorney F. X. Bruton was also in attendance. Mr. Lundborn stated that as a result of previous discussions with the board and Ms. LaBranche the plan now depicts; 1. A 5' gravel pedestrian way with reflector posts to guide snowplows on how far to plow; 2. A Board of Selectmen approved road name as Richards Way; 3. An approval of the project by the Farmington Conservation Commission (substantiated by Jim Horgan); 4. Mail boxes on the right side of the road per the postman; 5. A 27' way for the cistern; 6. A detailed bus shelter that is located right by a utility pole for lighting purposes; 7. A letter from Joel Mouton, Farmington Public Works Director, approving the changes and the plans as presented tonight;
8. 50' wetland buffer delineation; 9. Submission of a bond estimate and 10. A boundary line adjustment.
Mr. Lundborn continued by stating that the applicant Ms. Marsh would like to be able to only build 1/2 the road during the first year because she can only build 10 lots per year and this would keep the costs down. Don MacVane questioned if Ms. Marsh is proposing to bond the entire road. Mr. Lundborn responded that she really does not want to because of the financial responsibility but would propose to build the first 1/2 of the road from the bus stop to the cistern to insure that all safety features of the plan are included in the first phase.
F. X. Bruton stated that the three documents the town requested, the Easement Deed, Warranty Deed and Restrictive Covenants have all been accepted as satisfactory by the Town Counsel and staff. Cindy Snowdon stated that she is concerned that she has two copies of the Warranty Deeds and is unsure of which one is most current and what changes have been made. Mr. Bruton explained that most of the changes were typographical error and redlined when he sent them over but unfortunately did not copy that way. Julie commented that the Planning Board is just missing the amendment to the by-laws that states the 23 lots are responsible for the road, detention basins 1 and 2, culverts, drainage, and pedestrian ways. She also added that the by-law amendment states that the homeowners will be responsible for the
pedestrian walkway if and when the Town accepts the road. The planning board was in consensus that the Town should take the walkway too because part of the right of way when accepting the road. Mr. Bruton agreed and will add. Charlie added that the bus shelter needs to be included in the responsibility list as well.
Julie commented that within the Drainage Easement there is a subtitle "Drainage Maintenance and Cistern Easement"; she is concerned that the cistern is included in the heading but not included in the description within the paragraphs. She would suggest adding a paragraph to address this.
David asked if the applicant got a proper standard easement from PSNH for the utility poles and anchors. Mr. Lundborn stated that the utilities are proposed to go underground but for the few anchors he will look into the easement.
Charlie asked where the development rights are conveyed to for the open space since the applicant depicts no subdivision in this area. Mr. Bruton stated that the Homeowners Association would hold the rights and cannot subdivide because it is a condition of approval. Julie commented that the Town Regulations state there is no development in open space. Julie will question Town Counsel as to if the terms of the deed can be changed in regards to the open space and if the homeowner's can vote to make the open space sub-dividable.
Jim Horgan motioned to continue the meeting until 9:30pm, 2nd Don MacVane. Motion carried at 9:05pm.
Julie stated that she is concerned that if the applicant were to build only 1/2 of the road, someone could buy a lot on the left side of the cistern and build on it with no road present. Julie will ask Town Counsel for advice on this matter.
Chairman King opened the public hearing on the application.
Charlie asked if the Julie or CLD Engineering has any comments on the Technical side of the application and Julie responded no. Jim stated that he is concerned that there are no sidewalks proposed. Hiram agreed with Jim and added that the applicant will need documents that road inspections were completed during construction and upon completion for future road acceptance by the Town. Don and Cindy reiterated Jim's comments on the sidewalks.
David asked what was being proposed for an end of the road, if they only want to build the first half of road. Mr. Lundborn replied that he is proposing to construct a 60' driveway at the end of the road for vehicles to turn around in. David asked him to okay this plan with the fire chief.
Joan Funk commented that she is concerned with the road not being completed for safety reasons and would want the entire road bonded.
At 9:29 Jim Horgan motioned to continue the meeting until 10:00pm, 2nd Don MacVane. Motion carried with all in favor.
Charlie asked if the Board would want CLD Engineering to review the performance bond estimate that Julie said would be about $200.
Charlie King motioned to have CLD Engineering address the bond issues and make recommendations there of in regards to the Governors Road Realty 23 lot subdivision (Tax Map R1, Lot # 1 and 1-1); 2nd David Kestner. Motion carried with all in favor.
Charlie noted that the Developer's Agreement is needed in which the town staff will need to address with legal counsel, that he would recommend a construction review and that he is not in favor of building 1/2 the road.
Charlie King motioned to request an extension in time to review the application brought forth by Governor's Road Realty for a 23 lot subdivision (Tax Map R1, Lot #1 and 1-1) from Ms. Marsh to 11-06-2007, 2nd Don MacVane. Motion carried with all in favor. F. X. Bruton stated that the applicant agreed to grant the request for the extension.
Don MacVane motioned to continue the 23-lot subdivision application for Governors Road Realty (Tax Map R1, Lot #1 and 1-1) to 11-6-2007, 2nd Jim Horgan. Motion carried with all in favor.
Continuation of Application Discussion from 08-07-2007 and 09-04-2007; 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 requested a continuation until he goes in front of the ZBA.
Don MacVane motioned to continue the discussion of the voluntary merger by John Cardinal (Tax Map R19, Lot #22, 23-1 and 24) to 12/04/07, 2nd Joan Funk. Motion carried with all in favor.
At 9:54pm David Kestner motioned for a 5-minute recess, 2nd Jim Horgan. Motion carried with all in favor.
Meeting reconvened at 10:00pm.
Jim Horgan motioned to continue the meeting until 10:30pm, 2nd Don MacVane. Motion carried with all in favor.
New Cases:
Application for a Full Site Review; By: Roland Freeman & Herbert Rice - dba "Arborpro Plant Care Experts, LLC" (Tax Map R63, Lot #004); to operate a Landscape Nursery and Lumber Mill business on Spring Street; Located in the (CC) Commercial Center Zoning District.
Tom Varney of Varney Engineering presented on behalf of Roland Freeman and Herbert Rice. Mr. Varney presented that the applicants are proposing to ad a nursery building with an office and a sawmill building to an already existing sawmill business. He commented that the sawmill is not the primary proposed business the landscaping and nursery are.
Don stated that he is concerned that the applicants are proposing to utilize Rte. 11 for access instead of Spring Street. Charlie stated he is also concerned with this and that he believes this access will be a costly endeavor because of the slope of the area proposed for the access. Charlie also commented that he would like more information on the type of chemicals being stored and how/where they are being stored.
David Kestner stated that the proposed driveway is for 2-way traffic even though the narrative states they would have a Rte. 11 entrance with a Spring Street exit. He also questioned how the applicants are proposing to get to the shrub/tree storage area with the grade that currently exists. Julie commented that the driveway grade would need to be changed because the regulations only allow for a maximum grade of 5%.
Applicants stated that they would be in agreement to hold off on the Rte. 11 access until the speed limit is reduced on Rte. 11 for safety sake. Charlie stated if they do this they would have to come back in front of the Board to apply for a Rte. 11 driveway in the future. The applicants questioned if they could create a gated Rte. 11 access for their use and the board responded yes but they would have to meet the grade requirements.
Charlie stated the applicants should consider revising their plans for a Spring Street entrance, storage of chemicals, description of proposed building(s), and details for cement slab for sawmill. Jim commented that he would like to see all the stumps and logs removed and the rock wall reconstructed as well. Julie asked the applicants to add the materials used for the building cited on the plan.
Charlie opened the discussion for public comment.
Jim Horgan motioned to continue the discussion for a full site review by Roland Freeman and Herbert Rice (Tax Map R63, Lot #004) to 11-06-2007. 2nd Don MacVane. Motion carried with all in favor.
Don MacVane motioned to extend the meeting until 11pm, 2nd Hiram Watson. Motion carried with all in favor.
Application for a Lot Line Revision By: John H. Cardinal and Joseph and Dianne Pitre (Tax Map R19, Lot #23) (1.0 acres Pitre and 20.37 acres Cardinal); Property is on the North side of the Cocheco Road; located in the (RR) Rural Residential Zoning District; Presented by Norway Plains Associates, Inc. - Randy Tetreault.
Chairman King informed the board that this lot line revision will add 50' to Joe Pitre's footage and that a letter from John Cardinal is on file stating that he gives his approval for this lot line adjustment.
Jim Horgan motioned to accept the lot line revision as presented by John Cardinal and Joseph and Dianne Pitre (Tax Map R19, Lot #23), 2nd Hiram Watson. Motion carried with all in favor.
Jim Horgan motioned to authorize the chair to sign the plat as soon as the Mylar reflects the zone to be RR not SR-1, 2nd Hiram Watson. Motion carried with all in favor.
Cindy Snowdon motioned to adjourn, 2nd Joan Funk. Motion passed with all in favor.
Chairman King adjourned the meeting at 10:46pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED AS AMENDED 11-06-2007
To change the wording of the last paragraph on page 5.
______________________________ ________________________
Charlie King, Chairman Date
Farmington Planning Board
| 
