TOWN OF FARMINGTON
PLANNING BOARD MEETING MINUTES
Tuesday - December 4, 2007
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Hiram Watson, Paul Parker, David Kestner, Jim Horgan and Alternate Cindy Snowdon.
Members Absent: Don MacVane – with notification
Gerry Gibson – without notification
David Meehan – without notification
Town Staff Present: Daniel Merhalski, Director of Planning and Community Development
Selectman’s Rep: Joan Funk – absent with notification
Public Present: Randy Orvis and Randy Tetreault
Chairman Charlie King called the meeting to order at 6:03pm and seated Cindy Snowdon for Don MacVane. The Board recited the Pledge of Allegiance.
Business Before the Board:.
· Review of Minutes: David Kestner motioned to accept the 11/6/2007 minutes as amended to include a sentence change in the 5th section on page 4 so that it would read “Paul commented that there should be some type of separation between the travel and pedestrian way” and on page 5 the second to last motion should be changed to read “Don MacVane motioned to allow $41.25 to be charged against Wayne Jenness’ escrow fee.”, 2nd Paul Parker. Motion carried with Jim Horgan abstaining because he was absent.
The minutes of 11/20/2007 were tabled until the next meeting so that the members have time to review them.
· Discussion of Strafford Regional Planning Commission (SRPC) Vacancy: Charlie reminded the Board that Paul Parker informed the Board at the last meeting that he would be interested in this seat. Charlie then stated that the vacancy needs to be posted. Jim Horgan asked if John Law is still willing to serve in the other position. Charlie responded that he hadn’t heard otherwise but that he would check.
· Other Business to come before the Board:
1. Dan Merhalski informed the Board on the status of compliance of Cherub Estates, stating that it appears the sidewalks were installed on the wrong side of the road and that they were not built to the correct size. Also, core samples of the road need to be taken to ensure the road was built correctly under the Road and Driveway Standards. Charlie stated that he believes the sidewalks are on the right side of the road but that Dan could confirm the placing in the meeting minutes. Jim questioned if the sidewalks on Holly Lane were constructed correctly and Dan responded that he would look into it.
Paul questioned if the pitch on the road is correct and Dan replied that he would look into this as well. Dan stated that at this point his plan is to contact the developer, Mr. Rizzo and let him know that he will not have to come before the Board for a sidewalk revision if the minutes reflect the current positioning.
2. Dan stated that the Code Enforcement Officer and himself held a meeting with Packy Campbell to discuss the list of 28 items they previously identified as being in non-compliance. Mr. Campbell has addressed 9 of those items, including the sidewalks, rip wrapping, and signage and it appears he is currently working on the common area. Mr. Campbell stated at this meeting that he plans to request amendments to the plan at the January 8, 2008 planning board meeting. Dan stated that he told Mr. Campbell he has until December 14, 2007 to get all the appropriate paperwork in for the said amendments. Charlie commented that the Board could make a
decision whether or not to have compliance hearing at the next workshop.
Charlie King motioned to recess until 6:30pm, 2nd Paul Parker. Motion carried. Meeting recessed at 6:21pm.
Chairman King reconvened the meeting at 6:32pm.
PUBLIC HEARING
New Cases:
· Application for a Lot Line Revision Under 10,000 sq. ft.: By Paul Cardinal (Tax Map R-60, Lots 18-3 and 18-4); To revise a lot line at 188 Bay Road; Located in the (SR) Suburban Residential Zoning District.
Randy Orvis of Orvis/Drew LLC Land Surveyors presented. Mr. Orvis explained that Mr. Cardinal built two houses on the two lots he purchased and mistakenly built the driveway on the lot line, which is why he is requesting the lot line revision.
Paul questioned why the easement for the sidewalk that goes with the lot is not included on the plans. Mr. Orvis responded that he would add the easement to the recordable plan.
Dan noted that there is a footage marking missing from the plan. Mr. Orvis located the missing footage and agreed to add it to the recordable plan.
Jim Horgan motioned to accept the application for a lot line revision under 10,000 sq. ft. by Paul Cardinal (Tax Map R-60, Lots 18-3 and 18-4) contingent upon the pedestrian way easement and the additional footage marking being noted on the recordable plan, 2nd Paul Parker. Motion carried with all in favor.
· Application for a Minor Subdivision Approval (2-lots): By Norman and Margaret Russell or their successors in Trust under the Russell Living Trust (Tax Map R-32, Lot #1); To subdivide a portion of land at 484 Chestnut Hill Road; Located in the (RR) Rural Residential Zoning District. Parcel is 2.16 acres. Presented by Orvis/Drew LLC Land Surveyors.
Randy Orvis explained that this application is for a back lot subdivision to make a one-acre lot in the back of the property utilizing the existing driveway as a common driveway. Mr. Orvis stated that there are no wetlands, the lot conforms to all zoning and he has petitioned for state approval.
David questioned why Mr. Russell, who is a firm defender in sidewalks in all subdivisions according to the October Sidewalk public discussion meeting, did not propose sidewalks for this subdivision. Mr. Orvis responded he is not sure why he did not include sidewalks and was unsure what to say otherwise.
Charlie asked if test pits were taken on the lot and Mr. Orvis responded yes, for state approval. Charlie asked if he supplied a back lot design and Mr.Orvis responded no because they are not proposing to build yet.
Dan stated that though the plan depicts a 15’ rear setback it is not required. The Board held a discussion that this must have been an error in the printing because the setback should definitely be there. It was also noted that the setback is missing from a few of the zoning districts and Dan agreed to review the ordinance to locate areas where it is missing.
Dan stated that it is a condition of a rear subdivision that only single-family homes can be built according to section 3.04 of the zoning ordinances. Charlie stated that a note needs to be added to the plan that states the plan was a rear lot created under section 3.04 of the zoning ordinances and has restrictions based on the ordinance adopted on 3/13/2007.
Paul Parker motioned to accept the minor subdivision application by Norman and Margaret Russell (Tax Map R-32. Lot #1) as substantially complete, 2nd Jim Horgan. Motion carried with all in favor.
Paul Parker motioned to approve the minor subdivision application by Norman and Margaret Russell (Tax Map R-32, Lot #1) contingent upon; 1. a note being placed on the plan stating that the subdivision was created under section 3.04 of the zoning ordinances that were adopted on 3/13/2007 and has restrictions based on the ordinance; 2. driveway signage for E-911 is installed before issuance of a building permit and 3. state subdivision approval is received before issuance of a building permit. 2nd Jim Horgan. Motion carried with all in favor.
· Application for a Minor Subdivision Approval: By: Richard C. Gosselin (Tax Map R15, Lot #1); To subdivide a portion of the existing lot off Chestnut Hill Road; Located in the (RR) Rural Residential Zoning District. Parcel is 80+/- acres; Presented by Norway Plains Associates, Inc.
Randy Tetreault of Norway Plains Associates, Inc presented the proposal for a 2-lot subdivision. Currently on the parcel are six structures and the proposal is to subdivide a 3-acre lot around the existing farmhouse and barn. The new lot will have 150’ of frontage and be about 900’ deep. Mr. Tetreault stated that he applied for state subdivision approval because it is under 5 acres and that the alternate well location is not being proposed in actuality but needed to be included as a viable well site for the state application. He also stated that he completed a boundary survey, topography, wetland delineation and soil investigation have been performed on the proposed lot only.
Hiram questioned why the plan depicts a 125’ frontage. Mr. Tetreault responded that it is an error and he will fix it to read 150’.
Dan questioned the note on the plan that cited 2.01 (D); noting that it should be section 2.03 (D) and the ordinance acceptance date should be 3/13/2007. Mr. Tetreault agreed to correct the note.
Charlie questioned if there is an access way on the back lot. Mr. Tetreault responded no it is just the way the computer maps the topography.
Mr. Tetreault requested waivers to Section 4.09(b) and (h) for a waiver from the requirement to conduct a full boundary survey of the entire 80 acres, the topography of the entire 80 acres and the wetland and soil delineation of the entire 80 acres.
Jim Horgan motioned to accept both waivers requests for Section 4.09(b) and (h) for the boundary survey and the preliminary layout as part of the minor subdivision application by Richard C. Gosselin (Tax Map R15,Lot #1), 2nd Paul Parker. Motion carried with all in favor.
Charlie King motioned to accept the application for a minor subdivision by Richard C. Gosselin (Tax Map R15, Lot #1) as substantially complete, 2nd Jim Horgan. Motion carried with all in favor.
The Board discussed the application. Paul Parker cautioned the board that the roadway part of this parcel floods frequently. Mr. Tetreault stated that the road that floods is 60’ from the right of way and has a 24”culvert installed. Charlie stated that because of the distance from the public road, the flooding area is not a concern of the town.
Jim Horgan motioned to approve the minor subdivision application by Richard C. Gosellin (Tax Map R15, Lot #1) contingent upon; 1. the frontage footage being changed to 150’ on the plan, 2. the noted change citing section 2.03 instead of 2.01(d) and the ordinance acceptance date of 3/13/2007 being added, and 3. state subdivision approval being provided before the plat is signed, 2nd Hiram Watson. Motion carried with all in favor.
Jim Horgan motioned to adjourn, 2nd Cindy Snowdon. Motion carried with all in favor.
Meeting adjourned at 7:38pm.
Respectfully submitted,
Brandy Sanger
Recording Secretary
APPROVED 01-15-2008 as amended to reflect change identified by Dan Merhalski
__________________________________ ______________________
Charlie King, Chairman Date
Farmington Planning Board
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