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Planning Minutes 1-22-08
TOWN OF FARMINGTON
PLANNING BOARD WORKSHOP
MEETING MINUTES
Tuesday- January 22, 2008
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Hiram Watson, David Kestner, and alternates Gerry Gibson and Cindy Snowdon.
Absent: Don MacVane - without notification
Jim Horgan - with notification
Paul Parker - with notification
Selectmen's Rep: Joan Funk - absent with notification
Staff Present: Daniel Merhalski, Planner
Public Present: Cyndi Paulin of the Farmington Community Preservation Guild
Chairman King called the meeting to order at 6:30pm, noting there was a delay for technical reasons. He then seated Cindy Snowdon for Jim Horgan and Gerry Gibson for Paul Parker.
Business Before the Board:
Charlie King called for any business before there was none.
Chairman King opened the Public Hearing at 6:31 pm.
CONTINUED CASES:

There were no continued cases for deliberation by the Planning Board for this meeting.

NEW CASES:

Master Plan Hearing:

Dan informed the Board that the plan they have has not changed since their last revisions and that the 4 red indicators are for numbers that he is still researching. Dan also stated that he sent a letter to the Preservation Guild last week requesting their permission to be in the Master Plan and just received the address for the 500 Boys and Girls Club, so their letter will be going out this week.
Charlie asked where we stand with the Natural Resource Inventory (NRI). Dan replied that he has been unable to get the NRI from Brad Anderson so he deleted all the NRI notes from the Plan. Dan recommended to proceed with the Master Plan and consider getting the NRI for the next draft.
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Charlie asked Cyndi Paulin if she had a chance to review the Master Plan to see if the Preservation Guild was comfortable be listed as an agency. Cyndi responded that the actions are not something the Guild typically does but that they could certainly assist the Town.
Hiram Watson motioned to continue the public hearing for the Master Plan to February 19, 2008, 2nd David Kestner. Discussion followed that Cindy Snowdon asked if the Selectman reviewed the Master Plan. Dan replied that they all received copies and he did not receive any feedback from them. Gerry asked if the hearing will be reposted. Dan replied that it would be costly to put it in the newspaper again but that he would hard-post it through town. Charlie added that Dan could email Terry Mills and have the hearing announcement put in the Farmington column, plus it could be posted in the Rochester Times. Motion carried with all in favor.

Proposed Zoning Ordinance Amendments:

1. Amendment to Flood Plain Development Ordinance Dan explained that the changed were requested by the state to make the regulation more conforming to its’ regulations. Charlie opened the public hearing and hearing none closed it. Charlie King motioned to approve the final draft of the amendment to the flood plain development ordinance fro placement on the warrant for the town meeting, 2nd Gerry Gibson. Motion carried with all in favor.

2. Amendment to Definitions Sections of the Zoning Ordinance -

.. To correct 1.06 to cite RSA 674:33(a) not 647:33(a) – The Board was comfortable with this change, not the numbers were just transposed.

.. To add definition of condominium – This is the same definition that the state uses except where it states “Town of Farmington.” The Board was comfortable with this definition.

.. To add definition of condominium- style “detached” single family home – Legal counsel recommended adding the word “detached” before single throughout the definition. Dan added that he wanted to add this definition to close the loop-hole that developers have been utilizing to circumvent certain regulations. He also noted that this definition will clarify that these types of developments do need to meet the requirements. The Board was comfortable with this definition.

.. To add definition of condominium unit – Dan explained that this definition is verbatim from the state. The Board was comfortable with this definition.

.. To add definition of dog training facility – Dan informed the Board that he added this definition due to a recent ZBA

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application. Dan noted that it probably needs to be added to the Table of Permitted Uses and be applied where the dog kennel is applied throughout, so it would be permitted by special exception. David stated that he is concerned with the last line of the definition that reads “Commercial kenneling of up to five (5) animals on-site shall also be permitted.” Charlie agreed and noted that if someone wanted to kennel animals within their dog training facility they could apply for that special exception as well. David Kestner motioned to strike the last line of the definition and add to have the dog training facility to the table of permitted uses where the dog kennels are referenced., 2nd Gerry Gibson. Discussion followed in which Cindy questioned if the police have any type of mandate on the number of animals that can be on a premises at once. Charlie responded that he knew of no such thing and Dan added if there were limits it would be listed in the regulations already. Motion carried with all in favor.

.. To add definition of substantial use – Dan explained that without this definition “substantial use” is arbitrary in how it is used in the ordinances. Charlie asked where it applies in the ordinances and how many times it is used. Charlie King motioned for a recess so Dan could do a word search on the document to see how many times “substantial use” is referenced, 2nd David Kestner. Motion carried at 7:28 pm

Meeting recovened at 7:38pm. Dan said that when he did the word search “substantial use” came up zero times , so he would recommend the definition be stricken because it will have no impact. Charlie King motioned to remove the substantial use definition from the proposed definition amendments, 2nd David Kestner. Motion carried.
Cindy recommend separating the dog training facility definition from the others on the warrants. The Board agreed. Charlie opened the public hearing and hearing none closed it. Charlie King motioned to accept the final format of the 1.06 ZBA citation change and the definitions as written to be placed on the warrant articles for town meeting and for Dan Merhalski to make recommendations on how to break out the definitions for the warrants, 2nd Gerry Gibson. Motion carried with all in favor.

3. Amendment to the Zoning Areas of (AR) – Agricultural Residential; (SR) Suburban Residential; and (RR) Rural Residential to include rear yard setbacks. David suggested adding the district titles to the items and to quantify the “minimum rear setback of 15’” because historically if something is not clearly stated it will not pass at town meeting. Dan agreed and will make the changes.

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Charlie opened the public hearing and hearing none closed it. Charlie King motioned to accept the final format of the amendments to the zoning areas and to place it on the warrant for town meeting, 2nd Gerry Gibson. Motion carried with all in favor.
Other:
1. Cindy made the comment that when the board continues meetings it might be helpful to the public if the Chair informed them of what was happening and that the meeting would be continued until everyone had a time to speak. Charlie noted this was a good point and he will try to take care of this in the future.
Hiram Watson motioned to adjourn, 2nd Cindy Snowdon. Motion passed with all in favor.
Chairman King adjourned the meeting at 8:00 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
______________________________
Chairman, Charlie King