TOWN OF FARMINGTON
PLANNING BOARD MEETING MINUTES
Tuesday - November 6, 2007 - REVISED
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 - without notification
Jim Horgan - with notification
Gerry Gibson - without notification
Town Staff Present: Daniel Merhalski, Director of Planning and Community Development
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 Charlie King called the meeting to order at 7:17pm and seated Alternate Cindy Snowdon for Jim Horgan. Charlie explained that the meeting started late tonight because the planning board was in a non-meeting with Town Counsel.
Business Before the Board:
Review of Minutes:
Charlie King moved to accept the minutes of 10/2/07 as amended to change the wording of the last paragraph on page 5, Don MacVane seconded. Motion passed with Paul Parker abstaining because he was absent.
Paul Parker moved to accept the minutes of 10/16/07 as written, Joan Funk seconded. Motion passed with Cindy Snowdon abstaining because she was absent.
Public Hearing 7:20pm
Charlie King motioned to discuss the application by Roland Freeman and Herbert Rice first tonight, 2nd Don MacVane. Motion carried with all in favor.
Continuation of an Application for a Full Site Review from 10-02-2007; 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.
Dan Merhalski informed the Board that the latest changes were sent to him on Friday and have not been fully reviewed as of yet though he had noted a few missing items on a quick review. Dan suggested the applicants come in to the office and meet with Town staff to resolve some issues and to continue the application for tonight. The applicants asked for examples of items that needed attention and Dan replied that there were no drainage calculations, the sizes of the parking spaces are not delineated, the prohibited uses are not complete and the roadway and parking still needs to be resolved. The applicants agreed to meet with Dan.
Don MacVane motioned to continue the application for a full site review by Roland Freeman and Herbert Rice (Tax Map R63, Lot #004) until 11/20/2007 and to place them first on the agenda, 2nd Hiram Watson. Motion carried with all in favor.
Charlie King motioned for a 5-minute recess, 2nd David Kestner. Motion carried. Meeting recessed at 7:28pm.
Chairman King reconvened the meeting at 7:38pm.
Continuation of a 23-Lot Subdivision Application from 05-01-2007, 06-05-2007, 07-10-2007, 08-21-2007 and 10-02-2007; 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.
F.X. Bruton, the attorney for the applicant, explained that they have clarified the amendments to the by-laws in regards to the maintenance of the cistern and bus stop and the town utilization of the cistern, and strengthened the language of the no developing in the open space section. Mr. Bruton asked for permission to modify the draft Notice of Decision (NOD) to say the applicant "may develop up to 10 dwellings per year" instead of "shall develop" in Section 20 - Construction Phasing. A lengthy discussion was held in which Julie LaBranche read from the subdivision regulations that each phase needs to have a limit of units and duration set of each phase. Charlie commented that there should be a closing time period for completion of the infrastructure, Dan agreed.
Rick Lundborn of Norway Plains Associates, Inc. addressed the comments from CLD Consulting Engineers and added all the items they asked for to the plan. Those items included, but are not limited to; a line item estimate for construction of the bus stop; pond outlet structures and associated piping; utility conduit; bollards; embankment in place for road and detention basin construction and construction layout. Julie commented that Rick did a nice job and that she had no further comments.
The Board reviewed the drafted NOD. Charlie asked for the first paragraph to have a wording change to "housing lots" instead of "buildings." Both parties agreed to that change. Julie questioned when it would be reasonable to expect he final wearing course to be applied on the road. Mr. Lundborn replied that it is usually done when the subdivision is 75% sold, so he would estimate about the 17th home.
In reviewing the NOD Charlie commented that he would like the documents and plans pertaining to this application recorded at the Registry of Deeds with 90 days. Attorney Bruton replied that it would be difficult because they are required to get the Attorney General's approval after this Board's approval and that may take some time. Charlie agreed, and said that he would like it stipulated then there shall be no construction until the documents and plans are recorded. Attorney Bruton stated that an appropriate wording for the NOD could be that the documents and plans shall be recorded within 6 months after approval from the planning board and before construction commencement. Charlie replied that the wording was good and that sections 9a, b, c and section 10 of the NOD all need to be revised to read "prior to the issuance of the 1st building permit for the subdivision."
A discussion was held on whether or not the Board would consider allowing the applicant to build half the road and bonding the other half. Charlie commented that he would not consider letting the applicant build only half the road to begin with unless the entire road was bonded. Charlie also asked if the applicant is planning to cut, stump and grub the entire road at once or just half. Mr. Lundborn responded that the drainage flow would not be effected by cutting the entire road but that the applicant would definitely not stump or grub the half they were not completing so as to avoid drainage and erosion issues. Charlie added that it would be a condition of approval in 20f of the NOD that no cutting, stumping or grinding shall occur on the second half of the road prior to the first part of the road
being completed and approved. Julie said that the appropriate wording would be "site preparation for the road and drainage infrastructure shall be completed only as part of that phase of road construction through binder course.
Charlie questioned #16 of the NOD as to where the white stripe will be painted. Paul Parker commented that this is a pedestrian way but wonders if it meets the Board's expectations. Charlie replied he believes this pedestrian way is the minimum they can expect for a pedestrian way because they do not have a more stringent requirement and noted this will probably be the last subdivision with such a thing. Mr. Mahoney, abutter, commented that the Board never said they would accept this type of pedestrian way in previous discussions and that this should be the bare minimum the Board accepts.
Mr. Mahoney, abutter, requested screening be required by the applicant to screen the homes adjacent to this subdivision from the traffic and such. He also asked if vibration monitoring within 300' of compaction of gravel would be required due to the potential of cracked foundations and wells. Mr. Lundborn suggested allowing the developer to videotape the foundations of the abutting homes prior to construction so they will have documentation of prior status, noting it is more cost effective. Julie asked how legally binding this type of information would be in court. Attorney Bruton stated that certified videographers would take the footage with permission from the abutters and that they would be considered reliable documents. Mr. Mahoney agreed that this would be suitable.
Screening for abutting properties was discussed in length. David Kestner suggested allowing the developer to contact the four homeowners to see what they would like for screening with a maximum on the dollar amount spent. Mr. Lundborn suggested that the screening could be evergreens and/or solid fence panels. Cindy Snowdon asked Julie LaBranche if she has an idea of a range to propose for screening. Julie stated that she wouldn't know what to propose for a dollar amount but would suggest installation of a species of evergreen shrub or hedge for a buffer or a fence not to exceed 6 feet and a pre-determined linear footage.
Don MacVane motioned for 30 minutes extension of the meeting, 2nd Paul Parker. Motion carried with all in favor at 8:56pm.
Discussion continued on the screening of abutting properties. Attorney Bruton suggested having a total amount for screening for the whole development to be $2500 with $500 going to each vehicular light impact. Dan stated this will be added as a condition of approval and state "the applicant will submit prior to issuance of permits, a landscaping plan to provide adequate screening with the total cost not to exceed $2500." Julie added that the landscaping plan should include letters of consent from affected adjacent homeowners.
The Board reviewed the Homeowner's Association By-laws. Cindy questioned how the first phase homeowners on the front road could buy into the association for the right to use the open space. Attorney Bruton responded that the homeowners have the option to buy in at any time and would just be responsible for any fees associated with the open space. Cindy asked if the Milton homeowners would be responsible to pay the Farmington taxes and vice-versa. Attorney Bruton explained that each town would pay the respective taxes to their own towns. Paul asked if the present homeowners buy into the associations would they have an equal vote. Attorney Bruton replied yes.
Don MacVane motioned for 15-minute continuation, 2nd David Kestner. Motion carried with Paul Parker opposed at 9:29pm.
The Board reviewed the bonding estimate. Charlie suggested that the subdivision be bonded in its entirety at $749,862.24. Charlie asked for a roll call and all members were in agreement for a full bond.
Don MacVane motioned to require the bond in its entirety at $749,862.24 for the Governors Road Subdivision (Tax Map R1, Lot #1 and 1-1), 2nd David Kestner. Motion carried with all in favor.
The Board discussed the proposed pedestrian way. Charlie stated the development should be held to a higher standard but because the Board does not have a basis, yet, to require one they can't. Joan commented that in looking back to the earlier public hearing she remembers it being discussed that the should at least be curbs to restrict vehicles from going into the pedestrian way. David reiterated the earlier statement that this would be the last subdivision without a traditional sidewalk. Paul commented that there should be some type of separation between the travel and pedestrian ways. Hiram noted that he was pleased with what was proposed. Cindy questioned if the Town will have any issues with this type of pedestrian way when and if they consider taking over the road. Mr.
Lundborn replied that the construction records and inspections will be given throughout the construction process so there should be no question as to whether or not the road was built to Town specs. Charlie asked for a show of hands on who was in favor of accepting the pedestrian way as it is proposed. All members voted in favor except for Paul Parker who was opposed.
Cindy Snowdon motioned for a 15 minute continuation of the meeting, 2nd Don MacVane. Motion carried at 9:47pm.
The Board reviewed the Developer's Agreement. Charlie commented that #2 on this document should state that no constructions shall begin until the approved plans and all required documents are recorded and that they are recorded within six months of this board signing the approval. Attorney Bruton responded that it would be duplicity between this agreement and the NOD and would not be needed because they have to follow the conditions of approval. Julie and Charlie agreed the change would not be necessary.
The Board continued to review the NOD. Charlie commented that under #1 and #3 the words "site plan" should be changed to "subdivision plan." Julie suggested deleting item 13 because the Conservation Commission as no authority to regulate. The Board agreed. Charlie reminded the Board that they already addressed #20 earlier in the meeting in which the Board decided that the infrastructure was to be completed within 3 years of recording the subdivision plan.
Charlie King motioned to have all roadway and infrastructures for the Governors Road Subdivision to be completed through binder course by December 1, 2010, 2nd Hiram Watson. Motion carried with all in favor.
This motion will become 20f in the NOD. Town staff will finalize the verbiage for the discussed changes in 20g, 26, 27 and 28.
Charlie would like to require private road signage on both entrances to the development that clearly states the homeowners are responsible for the road until and if the Town accepts the road. Charlie added that he would like it to be similar to what Rochester requires and as large as 3 feet by 5 feet so that it can not be missed. Joan Funk commented that she believes a yellow private road sign would be sufficient, noting it would not be an eyesore. Don and Paul agreed with Joan.
Charlie King motioned for signage to be required for the Governors Road Subdivision to fully delineate that it is a private way and that one would enter at own risk, also the homeowners are responsible for the road and such sign is to be up for 3 years, plus the sign needs to be approved by Dan Merhalski (using other town examples for reference), 2nd Cindy Snowdon. Motion carried with all in favor.
Cindy questioned if there will be a budget attached to the homeowners association documents. Attorney Bruton replied no that the association would set their own budget. Paul questioned how long the developer would be responsible to the association. Attorney Bruton replied that the developer would be a member of the association until all the lots were sold.
Charlie King motioned to approve the Governors Road Realty Subdivision (Tax Map R1, Lot #1 and 1-1) contingent upon recommendations for the entirety bond as voted, being sent to the Board of Selectman, the NOD as amended and all supporting documents; 2nd Don MacVane. Motion carried with all in favor.
Other Business:
2008 Meeting Schedule:
Don MacVane motioned to leave the proposed schedule as is, noting that the January 1, 2008 meeting is changed to January 8, 2008 and review at a later date, 2nd David Kestner. Motion carried with all in favor.
Approval of Funds to be Released:
Don MacVane motioned to release the funds to pay CLD Engineering Consultants, 2nd David Kestner. Motion carried with all in favor.
Don MacVane motioned to allow $41.25 to be charged against Wayne Jenness' escrow fee, and $110.00 to be charged against the Arborpro escrow fee; 2nd Paul Parker. Motion carried with all in favor.
Charlie King motioned to release the remaining escrow fees for Frisbee Memorial Hospital back to them, 2nd Don MacVane. Motion carried with all in favor.
3. The Board gave a huge thank you to Julie LaBranche for all her support and hard work throughout the
past year.
Dan stated that in completing the Master Plan he is missing the NRIs and is trying to get the appropriate
materials to support them. If he cannot find the NRIs then they will be deleted from this plan. Julie
commented that Strafford Regional Planning Commission could help in the future with funding to complete
a Natural Resource Inventory (NRI).
Cindy Snowdon motioned to adjourn, 2nd David Kestner. Motion carried with all in favor.
Chairman King adjourned the meeting at 10:58 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED 12-04-2007 AS AMENDED:
To include a sentence change in the 5th section on page 4 to read “Paul commented that there should be some type of separation between the travel and pedestrian way” and on page 5, second to last motion should be changed to read “Don MacVane motioned to allow $41.25 to be charged against Wayne Jenness’ escrow fee”.
______________________________ ___________________
Charlie King, Chairman Date
Farmington Planning Board
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