TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
TUESDAY - March 4, 2008
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, David Kestner, Paul Parker, Hiram Watson and Cindy Snowdon.
Members Absent: Jim Horgan (excused), Gerry Gibson and Don MacVane
Selectman’s Rep: Joan Funk
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Cynthia Crawley, Jean Crawley, Jeffrey Green, James Spaulding and Richard Ladd.
Chairman King called the meeting to order at 6:19 pm. Charlie seated Cindy Snowdon for Don MacVane.
Business Before the Board
1. Review and approve Meeting Minutes of 02-05-2008:
Paul Parker motioned to accept the minutes of 2-5-08 as written, 2nd David Kestner. Motion carried with Joan Funk and Hiram Watson abstaining because they were absent during that meeting.
2. Other Business to come before the Board:
.. Dan informed the Board that he made the changes to the Master Plan that they requested and would like the Board members to sign the finished document. The members signed the Master Plan.
.. Charlie informed the Board that Jim Horgan will not be reapplying for his position and therefore this board has one full-time open seat and one alternate seat available. Charlie stated that any interested parties should apply to the Selectman. Charlie King motioned for the Planning Board to purchase a plaque for Jim Horgan to recognize his 12 years of service to the planning board, 2nd Paul Parker. Motion carried with all in favor.
.. Cindy asked if the Planning Charette for the Public Safety Building is still going to occur since the Fire Chief found the old plans in the station. Dan replied yes and he will keep the Planning Board informed about whether the application is accepted or not and how the project will go forward.
.. Dan informed the Board that the Selectman signed a moratorium on sewage pump stations.
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Public Hearing at 6:30 PM
Continued Cases:
.. There were no continued cases before the Planning Board.
New Cases:
.. Application for a 2-lot Subdivision By: Cynthia and Jean Crawley (Tax Map R-36, Lot 3); to Subdivide the existing approximately 12.9 acre parcel into two (2) parcels of approximately 6 acres and 6.9 acres for the property on Pound and Paulsen Roads in the Agricultural Residential (AR) District.
Mr. Jeffrey Green of J. L. Green Enterprises presented. Mr. Green informed the Board that as a result of the TRC meeting and his discussions with Dan he widened the ditch lines, cleared brush lines for site distance and added culverts on Pound Road to the plans per Joel Moulton.
Charlie King asked if he is aware that the applicants will need permission from the Selectman because they are proposing a driveway on a Class VI road and Mr. Green replied he was aware of that.
Hiram asked if the road grade on Pound Rd. is over 25% and Mr. Green replied no it is actually 20% and under.
Charlie asked if there is an easement on the old woods road and if that same road provides access to another lot. Mr. Green replied no there is not an easement and that this “road” is not a traveled road it is an old logging road.
David asked where the houses are proposed and Mr. Green showed him that the houses are proposed between the test pit and well off Pound Road and on the knoll on the other lot. David then asked if these proposed lots are in the flood plain. Mr. Green replied that the maps he reviewed do not depict the flood plains on the property but there is a brook and that the slope of the property would not allow for flooding. Charlie asked if the stream is seasonal or not. Mr. Green said that a wetland scientist said it is a perennial stream and would require a 250’ setback from the stream.
David asked if the logging road will need to be cleared and Mr. Green replied that it is drivable now but they will need to widen it in a few spaces and cut a knoll down.
Charlie asked if the applicant is proposing a 15” culvert and Mr. Green replied that this is what Joel Moulton suggested.
Dan noted a few items that need to be addressed in the application.
1. No streams are depicted on the plans, though the Town Zoning Map indicates the Pokamoonshine Brook runs through the site.
2. A Statement of Conditions of Land being suitable for residential development must be submitted.
3. A Statement of the work required on existing streets to meet the minimum
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standards set in the Subdivision Regulations, including cost estimates and the method(s) of meeting such costs must be submitted if any new work is to be done.
4. All other approvals from other municipal, state, or federal agencies must be obtained prior to final Planning Board approval.
5. A written statement for the Tax Collector for the Town certifying that all current taxes levied against the property have been paid in full and that there are no unreleased tax liens.
6. All federal dredge and fill permits must be applied for and receive approval if any dredging or filling of the wetlands is required for the future construction.
7. The applicant is required to receive approval to develop along a Class VI roadway and a Limit of Liability Agreement from the Board of Selectman to access the lot from Pound Road, prior to Planning Board approval.
8. The applicant is required to go before the Conservation Commission to receive buffer designations from the Pokamoonshine Brook, and any other pertinent approvals.
9. The property is in a Special Flood Hazard Area and will be subject to development under the Flood Plain Development Ordinance and other international Building Codes.
10. The bridge crossing the Pokamoonshine Brook on Paulsen Road is currently rated to a 3-ton maximum. According to the Fire Chief, this will not allow for fire/rescue service on the proposed newly-created lot. Additionally, the Road Agent has stated that the bridge currently would not allow construction equipment or heavy materials to cross the bridge and access the lot. This may trigger Sec. 4.02 of the Subdivision Regulations “Character of Land for Subdivision” which states that all land shall be of character that it can be used for building purposes without danger to the public health or safety, and is not scattered or premature. If such land is found by the Board to be inconsistent with this requirement, the Board may deny the application. He also quoted the RSA’s in relation to the
statute regarding premature or scattered development and the ability of town’s to provide for fire protection to the lots. Based on these issues, Dan recommended the Board deny the application due to the lack of public safety created by the inability of the Fire Department to provide services over the 3-ton bridge, as their fire equipment requires 18-ton limits or greater on bridges.
Mr. Green asked for a copy of this list and was given one.
Charlie added that the delineation of 40,000 square feet of contiguous uplands also needs to be added to the plan and Mr. Green agreed to do that.
Charlie informed the Board that he spoke with Joel Moulton about the bridge and as a result he wonders if the Board needs to ask Legal if the Planning Board can legally deny the application because of the status of the bridge. Charlie asked if the applicants can sign a waiver of liability for emergency services and Dan replied that it would be a question for legal.
Mr. Green asked if he needs to have an engineer sign-off on the existing road grades because Joel Moulton told him no but Dan is telling him yes.
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Dan replied that he spoke to Joel Moulton about this and that a bond alone for the bridge would not allow construction to take place, but would be a requirement to protect the bridge in the event that permission is granted. He further stated that the plans should be engineered and approved by Joel Moulton as the roadway would be a Town road.
The Board composed three questions for Dan to bring to Legal. The first is if the bridge is upgraded to a 6 ton bridge and the applicant is willing to sign a waiver of liability, would the town still be liable? Then is the Planning Board obligated to hinder development beyond the bridge since fire/rescue can not cross the bridge and would a waiver of liability address the concern? Lastly, the Board would like to know if they are limited to authorize development should the town be looking to upgrade bridges to 20 ton in order to service existing lots?
Paul Parker motioned to continue the application for a 2-lot subdivision by Cynthia and Jean Crawley (Tax Map R-36,Lot #3) to 4-1-08, 2nd Hiram Watson. Motion carried with all in favor.
David Kestner motioned for a 5-minute recess, 2nd Charlie King. Motion carried at 7:46 pm.
Chairman King reconvened the meeting at 7:53 pm.
.. Discussion with Resident, James Spaulding:
Mr. Spaulding informed the Planning Board that he took the Planning Board’s advice and hired a licensed land surveyor, Richard Ladd of RSL Layout and Design, LLC. Charlie asked if the parcel has been physically surveyed and Mr. Ladd said no because he believes he found plenty of other information to prove Mr. Spaulding’s argument. Mr. Ladd explained that the road might be a town road through prescription at the width of the road at the time prior to 1969 but that it would definitely not be a two rod road. Mr. Ladd added that the RSAs states that after 1969 towns could not take roads by prescription.
Mr. Spaulding stated that he is reclaiming his land and does not want it to be used anymore by the developer or the town until his home is fixed and he has been compensated for all the funds he has expended as a result of this encroachment. Charlie replied that this request is not a minor one. Mr. Spaulding said “your right, but neither is the encroachment on my land.” Mr. Spaulding stated that in 1990 he allowed the developer to “hot top” the road and utilize it to get into the trailer park until their bridge was built and then all use of the road was suppose to end and not be used as an access way.
Dan stated that the Planning Board is not authorized to restrict or change the use of the roadway and that the appropriate venue for reclaiming land would be through the courts. Charlie said he would recommend Mr. Spaulding put his request in official writing with a finalized, stamped document by a surveyor and forward it to the Town Administrator or the Board of Selectman so they can respond. Mr. Spaulding then asked if the Planning
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Board can stop the plowing of his road and Charlie replied no it is not a Planning Board privy and it would be a Board of Selectman decision.
Joan Funk motioned to adjourn, 2nd Paul Parker. Motion carried with all in favor.
Meeting adjourned at 8:41pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
Charlie King, Chairman
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