TOWN OF FARMINGTON
PLANNING BOARD WORKSHOP MEETING MINUTES
Tuesday - November 20, 2007
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Hiram Watson, Paul Parker, Jim Horgan Alternates Gerry Gibson and Cindy Snowdon.
Absent: David Meehan - Alternate - without notification
David Kestner - with notification
Don MacVane - without notification
Selectmen's Rep: Joan Funk
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Tom Varney, Roland Freeman, and Herbert Rice.
Chairman King called the meeting to order at 6:12pm and seated Cindy Snowdon for Don MacVane and Gerry Gibson for David Kestner.
Business Before the Board:
Chairman King informed the Board that he received a response from Town Counsel in regards to their questions surrounding the compliance of the Cherub Estates development.
Paul Parker questioned if the Board has received any applications for the Strafford Regional Planning Commission (SRPC) open seat. Chairman King responded not yet. Paul stated that he would be willing to fill the vacancy if the Board saw fit. Charlie stated he would like to make sure the open seat was posted correctly and that the Board can take further action at their next workshop meeting.
Charlie King motioned to recess until 6:30pm, 2nd Hiram Watson. Motion carried with all in favor.
Meeting in recess at 6:17pm.
Chairman King called the meeting back to order at 6:33pm and opened the Public Hearing.
PUBLIC HEARING
Continued Cases:
Continuation of a Full Site Plan Review from 10-02-2007 and 11-06-2007; 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.
Tom Varney of Varney Engineering presented on behalf of Roland Freeman and Herbert Rice. Mr. Varney handed out plans for the pesticide shed to the Board members and informed the Board that after the last meeting he met with Dan Merhalski to go over the items of concern. As a result of that meeting he would like to submit written requests for three waivers from the Site Plan Review requirements in Article III, Design Standards. The first request is from Section 22 (b) - Parking Lot Design and Pavement; Mr. Varney explained that the applicants would like to keep the lot gravel because it is good for public health and the environment, as it would lessen eh storm water run-off. He also noted that the watershed protection overlay district encourages fewer
run-offs from impervious surfaces, which this would clearly achieve. The second request is from Section 27 - Storm Drainage; Mr. Varney explained that the site is too small for an effective drainage calculation and a storm drainage grading and a retention pond are included in the site plans. The third request was from Section 44 - Construction Guarantee; Mr. Varney stated that the construction on the site will take an extended amount of time and if it were not complete then it would not be a hazard to the abutters.
The Board addressed the first request to waive the paving of the parking area first. Jim Horgan stated he would like the entrance apron paved, Hiram Watson and Gerry Gibson agreed. Cindy Snowdon stated she would also like the handicapped parking spaces paved as well, Paul Parker, Joan Funk and Charlie agreed. The applicant responded that he is handicapped and feels that he gravel is very easily maneuvered on and doesn't see what purpose paving just the parking spaces would have. Cindy commented that the hardest part about getting around when you are in a wheel chair or on crutches, etc., is getting in and out of your vehicle. Paul questioned if there is a description of the type of gravel the applicants are proposing for the site. Mr. Varney responded that it needs to be added to the
plan but they are proposing hard packed gravel. Gerry questioned what the pedestrian way would have for a surface. The applicants responded hard packed gravel.
Jim Horgan motioned to approve the request to waive Section 22 (b) of the Design Standards with the exception of paving the apron, 2nd Joan Funk. Charlie King offered the friendly amendment to state the parking area and traveled ways will meet the minimum Driveway and Road Standards. Jim Horgan and Joan Funk accepted the friendly amendment. Motion failed with Joan Funk, Jim Horgan and Gerry Gibson in favor and Paul Parker, Cindy Snowdon, Charlie King and Hiram Watson opposed.
Paul Parker motioned to approve the request to waive Section 22 (b) of the Design Standards with the exception of paving the apron, the one handicapped parking space and the walkway up to the office and that the travel ways meet the minimum Driveway and Road standards which are 12" bank run and 6" crushed for the vehicle way and 6" bank run and 3" crushed for the pedestrian way, 2nd Cindy Snowdon. Motion carried with Paul Parker, Charlie King, Hiram Watson and Cindy Snowdon in favor and Joan Funk, Jim Horgan and Gerry Gibson opposed.
Next the Board addressed the second request to waive the requirement of a property survey. Charlie asked if the applicants were able to locate any old surveys for the property. Mr. Varney responded that he was unsuccessful in his search but the property currently has two survey pins on each side of the property that has resident abutters and the other two property lines are on the roads. Mr. Varney added that the abutters were both questioned as to whether or not they were comfortable with the pin placements and they both verbally agreed yes. All board members, except Hiram were opposed to granting the waiver. Cindy suggested that she would consider granting the waiver if the applicants could come up with an old survey for the property or had letters from both abutters stating that they were
comfortable with the boundaries established by the present survey pins. Charlie King motioned to grant the waiver for the requirement of a property survey contingent upon the two abutters; James and Donna O'Brien and Ernest Frongillo, submitting a written letter attesting the applicants presented site plans depict the boundaries to the property and are accurate to the best of their knowledge or provide a survey for parcel R63, Lot #004, 2nd Jim Horgan. Motion carried with all in favor.
Subsequently, the Board addressed the Storm Drainage waiver request.
Jim Horgan motioned to waive the storm drainage requirement, 2nd Hiram Watson.
Discussion followed in which Dan stated he would recommend requiring the drainage calculations because there are wetlands on the site and a substantial area will be utilized on the site and there is no guarantee that the run-off will run into the retention pond. Paul questioned if the site is too small for calculations. Mr. Varney responded that there is a lot of estimating on small sites with drainage calculations and that due to his familiarity with the site and he comfortable with the drainage. Dan responded that he doesn't see why it cannot be done and would recommend not granting the waiver. Cindy asked if the Board has typically granted this waiver in the past and Charlie stated not really.
Motion failed with Hiram Watson, Jim Horgan and Joan Funk in favor and Charlie King, Gerry Gibson, Paul Parker and Cindy Snowdon opposed.
The waiver was not granted.
The Board then addressed the Construction Guarantee waiver request. Charlie reminded the Board that they have typically not required a guarantee on small plans like this.
Charlie King motioned to grant the waiver for the construction guarantee, 2nd Gerry Gibson. Motion carried with all in favor.
Dan stated that there are five remaining items left for the applicant to address and they include; 1. size of utilities as built, 2. materials of pedestrian way need to be detailed to meet minimum requirements, 3. log storage in the buffer area, which is prohibited, 4. solid waste and recycling facilities are noted on the plan to internal and the Code Enforcement Officer wanted it noted that there are probably additional costs related to this and 5. the sidewalks need to be delineated.
The Board addressed the log storage in the buffer area as a prohibited use first. The applicant stated that it is highly unlikely that they will have more than thirty logs on the site at one time and that they have plans to plant a row of evergreens along Spring Street to provide a buffer. Cindy questioned if there is any other place they could store the logs. The applicants responded that they are not only proposing to put logs there but also attractive trees and shrubs they have for sale as well. Jim questioned if the buffer can be reduced instead of eliminated and Dan responded yes. Cindy asked if there is a difference in the prohibited uses between the log storage and articles for sale and Charlie responded no.
Charlie King motioned to grant the waiver request to reduce the buffer requirement along Spring Street from 50 feet to 15 feet contingent upon no log storage until the screening as proposed on the plan are in place, 2nd Paul Parker. Cindy Snowdon offered the friendly amendment that the proposed screening meet a minimum of 6 feet tall; Charlie and Paul both accepted the amendment. Motion carried with all in favor.
The applicant will submit a written request for this waiver.
Charlie opened the meeting to the public and the Board reviewed the application in its' entirety. Charlie questioned how the applicants are planning to maintain the slope along Rte. 11 and control erosion. The applicants responded they are applying a row of hay bales. Charlie asked if they have a long-term plan for stabilization of the slope to prevent erosion into the wetland. The applicants responded that the hay bales would eventually help to vegetate the slope, which will in turn stabilize the slope.
Paul questioned if the applicants are still proposing a gated entrance on Rte. 11 and they responded no. He also asked if the sawmill is going to be on a concrete slab. The applicants responded yes it would be on a slab that has curbs around the outside to catch any potential spillage. Dan stated that the curbs need to be added to the site plan. Charlie asked where the sawmill would be parked. The applicants explained it would be under the roof on the right hand side of the building. Charlie stated that he is concerned with the sawmill hours of operation beginning at 7am due to the noise factor to the abutters. The applicants agreed to have their sales hours of operation to be from 7am to 5pm and their milling hours to be from 8am to 5pm. Charlie also asked if the applicants
decided on the color of the roof, stating that it needs to be added to the plan. The applicants stated they chose green and it would be added. Cindy asked what the fuel storage is that is noted on the plan by the stream. Mr. Varney explained that it is for diesel fuel and is designed per regulations. Hiram asked if the curbing would be in the doorway of the pesticide shed as well. The applicants responded yes.
Dan informed the applicants that a 15% leveling of the slope would require a ZBA waiver so if they change the plans for the slope they will know what is required. He also asked if the fertilizer storage numbers are included in the 296 gallons maximum in the storage area. The applicants responded yes. Dan asked how they are filling the fuel tank and they responded with a hose from a truck. Dan also stated that Section 35 of the Site Plan Approval reads that state approval needs to be present before Planning Board approval, so the board would have to grant a waiver of Section 35 because the applicants are awaiting state approval on their septic design. Charlie questioned the Board as to when they would consider granting an occupancy permit and if the intention of the applicants is to construct
everything on the plan except the nursery building and the adjacent parking. The applicants responded yes and the board agreed that before an occupancy permit is granted the entrance, road and detention ponds have to be constructed.
Jim Horgan motioned to grant a waiver of Section 35 requiring the applicant to have a state approved septic design prior to approval and made the building permit issuance contingent upon a state approved septic design, 2nd Gerry Gibson. Motion carried with all in favor except Paul Parker who was opposed.
Charlie King motioned for a 10-minute recess, 2nd Paul Parker. Motion carried at 8:23pm.
Chairman King reconvened the meeting at 8:37 pm.
The Board reviewed the draft Notice of Decision (NOD) created by Dan. Charlie brought item #11 to the applicant’s attention stating that if they do not do as they are suppose to they will be liable to pay for a Clerk of the Works. Charlie informed the applicants that they would have a year from approval in which to make substantial construction according to the plan. The applicants responded that they have no problem with that. Dan stated that section 16 on waivers will be amended to include the waivers requested tonight and the conditions of approval will also be added between section #15 and #17.
Paul Parker motioned to grant approval for the full site plan review application brought forth by Roland Freeman and Herbert Rice - dba "Arborpro Plant Care Experts, LLC (Tax Map R63, Lot #004) per the draft Notice of Decision and contingent upon; 1. the paving of the handicapped space, walkway to the office and apron and the internal roadways and pedestrian ways being gravel but meeting the minimum requirements as previously motioned; 2. the property survey waiver being submitted and the written submissions or survey being due prior to the issuance of a building permit; 3. a waiver for the construction guarantee being signed, 4. the curbing added to the storage-building plan; 4. the hours of operation being amended to 7am to 5pm for sales and 8am to 5pm for milling and modified in the narrative; 5.
the nursery building and its adjacent parking spaces not being built till later; 6. signed waiver of section 35 submitted; 7. drainage and screening completed prior to issuance of the certificate of occupancy; and 8. signage and submittal of the setback buffer waiver to include no log storage until the buffer is established with a minimum of sixx foot trees and an established 10 foot maximum for log storage; 2nd Jim Horgan. Motion carried with all in favor.
Jim Horgan motioned to continue the meeting until 9:30 pm, 2nd Gerry Gibson. Motion carried with Joan Funk opposed.
Continuation of Discussion from 10-16-2007:Re: Draft of the sidewalk requirements; presented by Daniel Merhalski, Director - Department of Planning and Community Development.
Dan stated that he researched what surrounding towns require for sidewalks and would recommend the Board put any sidewalk requirements into the site plan regulation and/or Driveway Standards because of the time frame of getting ready for Town Meeting. Charlie stated that he agrees the Board should not put any sidewalk requirements into the Zoning Ordinances quite yet because they will probably need some tweaking as the Board tries to enforce them on different applications.
Paul commented that he feels strongly that sections one through four of Dan's proposed sidewalk requirements should be in the zoning ordinances. The Board disagreed stating that some of the zone will most definitely require different types of sidewalks and exceptions, for example on a one-way road.
Jim commented that he believes the depth of the concrete should be increased to 2 inches to be more stable and that some reference as to the maintenance responsibility should be included. He also stated that he would like to stay away from requiring sidewalks on both sides of the road and that he would not be in favor of excluding private roads.
Charlie commented that he would like all new interior roads to require sidewalks and that such developments should require 25% off-site exaction to assist with linking the development to Town infrastructure.
Cindy commented that she would like to see the requirements especially address developments that are constructed within the walking route to school. Charlie agreed noting that any developments with a 1 1/2 mile radius of the schools should be held to a higher level of expectation.
Dan will bring together the ideas brought forth in this discussion and compose some draft regulation and standard amendments for the next workshop. He also informed the Board that Town Counsel would not recommend utilizing impact fees as discussed during the last meeting. Charlie asked the Board if they would like to keep this Counsel memo as privileged information and the Planning Board was in consensus to do so.
Charlie King motioned to continue the sidewalk requirement discussion until 12-18-2007, 2nd Jim Horgan. Motion carried with all in favor.
Jim Horgan motioned to continue the meeting until 10pm, 2nd Paul Parker. Motion carried with Joan Funk opposed.
Continuation of a Discussion from 10-16-2007: Re: Revisions of the Draft Master Plan.
Dan informed the Board that he is proposing 30 items for the Implementation Chapter of the Master Plan and would like the Boards approval on them. He also noted that he would like to change the picture on the chapter cover page. The Board was in agreement to change the picture.
The Board reviewed the goals of the drafted Implementation Chapter;
1st goal- change "construct" to "modify" in the goal column
2nd goal - add Conservation Commission to the agencies column
3rd goal - add Parks & Recreation Department and Downtown Committee to the agencies column
4th goal - add schools and 500 Boy & Girls Club to agencies column
5th goal - all set
6th goal - remove word "fleet" and change "pursue" to "investigate"
7th goal - it was noted that the roof is on the salt shed already and to add Conservation Commission to the agencies column
8th goal - all set
9th goal - remove "mandatory" and change "make" to "promote"
10th goal - all set
11th goal - add Conservation Commission to the agencies column and the Ela River to the goal
12th goal - add the words "Define and" in front of "promote"
13th goal - explain what kind of "maintenance" and add Board of Selectmen to the agencies column
14th goal - needs some work, what was the intent of the goal?
15th goal - all set
16th goal - discussed what is included in downtown, would it be the VC and additional radius to include the immediate surrounding area and not sure if could feasibly use PUD in the downtown area
17th goal - all set
18th and 19th goals - change the priority to high
20th goal - all set
21st goal - change priority to high and change "institute" to "investigate"
22nd, 23rd and 24th goals - all set
25th goal - add Conservation Commission to agencies column
26th goal - change the wording in the action column to read "investigate the creation of a small"
27th - 30th goals - all set.
Gerry Gibson motioned to adjourn, 2nd Joan Funk. Motion passed with all in favor.
Chairman King adjourned the meeting at 10:21pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
APPROVED 01-15-2008 as amended to note corrections made by Dan Merhalski.
______________________________ ______________
Charlie King, Chairman Date
Farmington Planning Board
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