TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
TUESDAY - April 1, 2008
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, David Kestner, Paul Parker, Gerry Gibson and Cindy Snowdon.
Members Absent: Hiram Watson (excused)
Selectman’s Rep: none
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 6:03 pm. Charlie introduced new full-time members Cindy Snowdon and Gerry Gibson and because they still need to be sworn in, he seated them for Don MacVane and Jim Horgan's seats. Charlie also noted for the public that the planning board now has three open alternate seats.
Business Before the Board
1. Election of Officers:
The Board was in consensus they would like all members present for the nominations. Paul Parker motioned to table the nominations to April 15, 2008, 2nd David Kestner. Motion carried with all in favor.
2. Review and approve Meeting Minutes of 02-19-2008 and 03-04-2008:
Paul Parker motioned to accept the minutes of 2-19-08 as amended to change the slopes identified in 13 (d) and the UC to UR in 13 (e), 2nd Gerry Gibson. Motion carried with all in favor.
David Kestner motioned to accept the minutes of 3-4-08 as written, 2nd Cindy Snowdon. Motion carried with Gerry Gibson abstaining.
3. Discussion of Project deemed to have Regional Impact - Therriault's Landing, Middleton:
Dan informed the Board that this proposed project in Middleton would include 25 lots with an airstrip and taxi runway for small planes. He said he spoke with the Fire Chief and he said that the Fire Department would need to keep more foam on hand and additional training may be necessary for responding due to the airstrip and planes. Dan said he also spoke with the school department and they informed him that another bus run
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would probably be needed to accommodate the children that would likely come with the additional homes, and the costs of each students’ attendance and facilities should be considered.
Cindy commented she would encourage any and all residents to visit Ossipee to see the impact the airstrip has there with the noise. David agreed that the noise pollution would be a concern. Paul questioned how the developer could say they will have no fuel on site when they are planning to be an emergency landing site. Charlie then reminded the Board that our ambulance is currently serving Middleton and the approval of this project could prove to be an even bigger strain. David added there would also be an increase in vehicle traffic through town because of the increase in homes and the airport. Dan replied that he would forward all these concerns to the Middleton planning board.
Paul said that Dan should stress to the Middleton board that their existing EMS/Fire services are already inadequate and would further strain our departments and that our emergency personnel would probably require extra training to deal with the new situations that could arise. Charlie added that if Farmington is going to need improvements to our Fire/EMS to meet their needs then it would only be appropriate for the developer to pay for those things. Dan replied that the Middleton board could certainly negotiate those items.
Cindy asked if there are certain requirements for amenities needed within so many miles of an airport. She questioned if there are regulations on lights being placed on buildings that are at certain elevations, etc. Dan replied the Fire Chief should be aware of any such regulations. Charlie then asked if this Board should send a designee to the Middleton Planning Board meeting to bring their concerns forward and Dan replied it wouldn't hurt.
Gerry commented that one point on the positive side of this development is that it should be bringing in residents that are apparently wealthy enough to own airplanes.
Dan will draft a letter to the Middleton Planning Board for the April 15, 2008 meeting for this board to approve. Cindy asked if the Town should post this notice so residents will know the development may be coming. Paul stated it might not be a bad idea to give John Nolan from the Foster's the information so he could include it.
4. Compliance Hearing for RSA Development, LLC discussion:
Cindy Snowdon recused herself from the discussion. Dan informed the Board that Tim Bates will not be available to attend the April 15th meeting and questioned if the Board wants another attorney from the firm to attend, or if they wanted to move the meeting. Dan informed the Board that the developer turned in the bond estimate and it is currently under third party review. He also received the 2004 drainage calculations which will need third party review, but he has yet to receive information for the retaining walls. The Board decided they would probably need to continue the meeting to 5/6/08 in order to get all the necessary information to move forward on the
hearing, but if all the information is not substantially complete by 4/15/08 then the meeting will need to be continued to 5/20/08. Paul Parker motioned to notify RSA Development that the
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Planning Board is continuing the compliance hearing to 5/6/08, 2nd Gerry Gibson. Discussion followed in which David stated he does not feel the applicant will have all the necessary information to this Board two weeks prior to the 5/6/08 meeting. Motion carried with all in favor.
5. Other:
a. Paul commented that he had motioned to continue the Sidewalk Amendment Draft conversation to tonight though it is not on the agenda. Charlie replied he forgot to put it on. Paul Parker motioned to continue the Sidewalk Amendment Draft discussion to April 15, 2008, 2nd Cindy Snowdon. Motion carried with all in favor.
b. Cindy said she would like the Board to come up with some type of plan for the town to recoup legal fees from applicants because the town is spending an absorbent amount of money on them. Dan replied he has information regarding this and proposals he is planning to present to the Board at the 4/15/08 meeting.
c. Cindy questioned if the Board is willing to review the Village Center policies for business building owners wanting to rent their buildings to new businesses, noting that she has heard the process is very difficult. Charlie added that Cindy’s question is referring to information brought forward by Joan Funk at a Selectman meeting in regards to a change of use in a building downtown. It was thought that the Board could consider altering site review regulations or zoning ordinances to make small use changes easier and smoother for business owners to promote growth. Paul added the Board should also look at the Village Center density and maybe incentives.
David then added that there is also an issue of lot sizes in the Governors Ridge area that should be looked at.
d. Cindy informed the Board that the Selectmen should be asking this Board to look at the zoning on Rte. 11. Charlie responded that he was hoping to get a memo from the Selectmen or the Economic Development Committee regarding their goals for the area and wanting the rezoning. Charlie added that he would like this Board to have an initial discussion on this matter on 4/15/08 and then schedule a joint meeting with the Selectmen and the Economic Development Committee in May.
Public Hearing at 7:11 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) parcel 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 he has been working on the application though he still has items to complete from the list of issues dated 3/3/08. In regards to issue number one, Mr. Green stated he is looking for the classification of the brook on the property, but did identify the centerline of the brook and used the worst-case scenario for the plans, which is a 250’ setback, and there
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was no impact. David asked if he has visited the site recently because the brook is running fairly quick now. Mr. Green explained the wetland delineation process and how any possible flooding of this brook would not affect the property.
Mr. Green stated in regards to issue number two he is working on a statement of land and notating the contiguous uplands though he has enough uplands and has shown them on the plans he presented tonight. He then went on to say he would like to skip the discussion on issue three for tonight and that he is aware he needs permission from the Board of Selectmen for the Class VI road driveway access, but he would like to wait for subdivision approval before making this step. Mr. Green provided a statement from the town stating the taxes were paid and will update this statement as this process continues. He also stated that he is waiting for subdivision approval to complete item number six because he won't need it without the subdivision. Then Mr. Green stated the property is not in a special flood hazard area
according to the FEMA state flood map that the Town ordinances cite to use for reference. Dan commented that he had flood maps in his office and could bring them out for comparison. Paul Parker motioned for a five-minute recess to get the maps, 2nd David Kestner. Motion carried at 7:34 pm.
Meeting reconvened at 7:42pm. Dan pointed out on the map the applicants lot and there appeared to be a conflict with what Mr. Green was stating. Gerry asked how far the edge of the Pokemoonshine Bridge is from the property line. Mr. Green replied at least 100 feet off the property line and the buffer should be addressed at a Conservation Committee meeting.
Charlie asked if Dan received correspondence from town counsel regarding the questions they raised at the last meeting. Dan replied yes. David Kestner motioned to go in non-public executive discussion to discuss the legal correspondence, 2nd Cindy Snowdon. Motion carried at 7:58 pm.
Public meeting reconvened at 8:41 pm.
Charlie stated that the three ton bridge that is scheduled to be a six ton bridge is the biggest hurdle of this application and then poled the Board as to their opinion of the subdivision. Paul commented he has serious concerns about the bridge due to emergency services not be able to access the lots beyond the bridge in accordance with RSA 674:36. All members concurred with this thought. Charlie informed the applicant that the planning board is going to request the town qualify all the bridges in town in reference to fire apparatus pass ability and that this Board does not have the answer now. Charlie questioned if the applicant would consider something different for the parcel and withdraw the current application. Mr. Green replied he cannot see a premature subdivision (noted in RSA 674:36) with this
application because the town does allow development/subdivision on a Class VI road and this lot exists on a Class V road. He added that the created lot is on a Class VI road also, which is allowed and the parent lot is on a Class V road (noting this is where it is assessed from).
Paul asked where in RSA 674:36 does it say the subdivision needs to be on a Class V or
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VI road. Mr. Green replied it does not but questioned how the town could deny him a building permit on a Class V road and referred to page 19 of the subdivision regulations. The Board reviewed and discussed the zoning ordinances in reference to creating a subdivision on a Class VI road. Charlie commented that the intent was to not allow subdivision though it may not be clear enough and added that in his assessment it wouldn't make sense to grant a subdivision when a building permit cannot be obtained. Mr. Green questioned how the town could deny a building permit based on the condition of the bridge when most of the bridges in town are not rated for emergency vehicles.
Charlie said the applicant could consider building a structure on the Class VI road and maybe a second structure. Mr. Green questioned if he could build two homes on one lot. Charlie replied yes if the lot is sub-dividable, though the issue of building permits would still be subject to the bridge. Mr. Green asked for a continuance so he could talk to his clients and make a decision from there. Dan stated that if the application were continued then he would respectfully ask the applicant to provide any additional information two weeks prior to the meeting to allow time for review. Dan commented that the planning department cannot change it's position to deny the application based on the bridge unless they were to get information from an engineer or the fire chief that a six ton bridge is capable of handling the
fire apparatus.
Paul Parker motioned to continue the application for a 2-lot Subdivision By: Cynthia and Jean Crawley (Tax Map R-36, Lot 3) to May 6, 2008 with any new information and intentions being presented to the town two weeks prior to the meeting, 2nd David Kestner. Motion carried with Gerry Gibson opposed.
David Kestner motioned to send a formal request to the Board of Selectmen, road agent and Town Administrator asking them to quantify which bridges are capable of emergency vehicle passage in town, identify what the planning board is to do with the bridges that are unrateable and give direction as to how the Board is to handle building permits and subdivisions as a result of the information; and to include Joel Moulton's and legal's correspondence from tonight, 2nd Gerry Gibson. Discussion followed in which Dan brought up that the cost of this could be substantial and the funds were not budgeted. Paul noted that the town has a current bridge report
and the information may be available there. Motion carried with all in favor.
Cindy Snowdon motioned to adjourn, 2nd David Kestner. Motion carried with all in favor.
Meeting adjourned at 9:36pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Charlie King, Chairman
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