TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
TUESDAY – June 3, 2008
356 Main Street, Farmington, NH
Members Present: Chairman Charlie King, David Kestner, Paul Parker Gerry Gibson
Charlie Doke, Cindy Snowdon
Members Absent w/Notice: Hiram Watson
Selectman’s Rep: Paula Proulx and Joan Funk
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Packy Campbell (RSA), Kevin Gagne (FST), Holly St Peter,
Eric Martin, Dave Mott (Mott Survey Co.), Nate Fogg (Fogg Environmental Design, LLC ) Robert Goings (Game Spot), FX Bruton (McNeil & Taylor), Rick Lundborn (Norway Plains). Tracy Major, Nicholas Cummings, Linda Beribeau,
Ryan Jackson.
Chairman Charlie King called the meeting to order at 6:05 pm.
Business Before The Board
Charlie Doke (Alternate) was seated for Hiram Watson.
Review and approved Meeting Minutes of 5/6/08 and 5/20/08.
Motion - Paul Parker motioned to accept the minutes of 5/6/08 as written, 2nd Gerry Gibson. Motion carried with all in favor.
Motion – Gerry Gibson motioned to accept the non-public minutes of 5/6/08 as written, 2nd Paul Parker. Motion carried with all in favor. Paula Proulx and Cindy Snowdon abstaining.
Motion – Paula Proulx motioned to table the minutes from 5/20/08 to the next work session meeting, 2nd Paul Parker. Motion carried with all in favor.
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Continued Discussion of Fee Schedule Revisions from 5/6/08.
Board received email from Town attorney; he finds no issue with the proposed draft.
Motion – Gerry motioned to accept the Fee Schedule Revisions as written and forward to the Selectmen to implement, 2nd Cindy Snowdon. Motioned with all in favor.
Motion – Dave Kestner motioned to recess until 6:30 pm, 2nd Paul Parker. Motioned with all in favor.
The Board reconvened at 6:35 pm.
Public Hearing at 6:35 pm
CONTINUED CASES:
Charlie King suggested to the Board to change the order of the agenda and move the Compliance Hearing for previously approved cluster subdivision to last, as Packy Campbell cannot attend until later in the meeting.
Motion – Paul Parker motioned to move the RSA Compliance Hearing to the end of the meeting, 2nd Gerry Gibson. Motion carried with all in favor.
Paula Proulx and Cindy Snowdon abstained, due to a conflict of interest.
Continuation from 4/15/08 meeting of Application for 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.
A letter was received from the applicants requesting continuation to the July 1st, 2008 regular Planning Board meeting.
Motion – Paul Parker motioned to continue the Public Hearing to the next meeting of 7/1/08, 2nd Gerry Gibson. Motion carried with all in favor.
NEW CASES:
Conceptual Discussion of Campground/Subdivision Application – Cathy Natale, Ten Rod Road (Tax Map R-29, Lot 12-4.
Dave Mott (Mott Survey Company, LLC) was here representing Cathy Natale. He showed some concept plans and requested direction on the standards that would need to be met to start and proceed with this project.
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Points of discussion were:
• Does property need be subdivided?
• What Types of campers would this campground accommodate?
• There were concerns regarding the length and width of the access road.
• Emergency access.
• What types of hook up would be available, power, water etc.?
• Would a cistern be needed?
• What is the hook or attraction for campers to camp here?
• Is there to be a store/office, showers/bathrooms etc.?
• Location of the store/office.
• Buffers between the campers and near by residents.
• Keeping the campers under control, monitoring the actions of the campers.
• Yearly permit approvals must be met.
Nate Fogg (Fogg Environmental Design, LLC) has reviewed the property. Mr. Fogg asked about upgrade of Ten Rod Road and are off-site improvements a past requirement?
Application for Minor Site Plan Review By: Robert Goings (Tax Map U6, Lot 22) To allow for use as an arcade business in the Village Center (VC) Zoning District: The property is located at 393 Main Street
The applicant requested to waive the application fees and minor review plan requirements. It was discussed that there would be no change in use for the location. There was also a letter from the owner of the property, Gail Dodier allowing the property to be used as an arcade.
Discussion on the use of the location continued to include:
• Hours of operation: (Mon – Fri) 12:30 pm to 9:00 pm, Saturday 10:00am to 10:00 pm and Sunday 10:00 am to 9:00 pm.
• What type of games would be permitted on site? No graphic games or adult content games would be allowed.
• Adult supervision would be on premises at all times.
• No rear access is a concern / to be addressed by the Fire Chief.
• Approval would be pending Zoning/Codes and Fire Department review
Charlie King opened Public Comment at 7:50 pm.
Tracy Major – resident, questioned if there could be a sign in requiring parental supervision be expected.
Nicholas Cummings – Stated that he would be working there also; he is 18 years of age.
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Linda Beribeau – resident, spoke of Robert Goings character. She was here to support the decision to allow the arcade.
Gerry Gibson said he liked the idea of the arcade and thinks Robert Goings should be allowed to monitor the premises at his discretion.
Eric Martin – resident, commented that there are no town or state laws prohibiting minors from playing any arcade games. He is in favor of the arcade.
Motion – Gerry Gibson motioned to waive the fees and Site Plan requirements, 2nd Charlie Doke. Motion carried with all in favor.
Motion – Paul Parker motioned to approve the application with the condition that the Zoning/Codes and the Fire Department review the site and give their approvals prior to occupancy. Also to add that there would be no adult content games on the premises, as determined by the Town’s sexually orientated businesses ordinance.
Mr. Merhalski mentioned to the Board that he had prepared a draft decision for tonight’s meeting. The Board reviewed the language of the draft decision and agreed to add the additional conditions to the decision.
Paul Parker Motioned to amend his earlier motion to accept Draft Notice of Decision. 2nd Gerry Gibson, Motioned with all in favor.
Motion – at 8:02 pm Dave Kestner motioned for a 5-minute recess, 2nd Charlie Doke. Motion carried with all in favor.
Planning Board Meeting reconvened at 8:10pm
Application for Amendment to Approved Subdivision Plan By: Governor’s Road Realty, LLC (Tax Map R49, Lots 1-1 & 6) to amend the previous Subdivision Approved relating to one (1) detention basin and related infrastructures, and time frames of the Decision dated November 13, 2007; Property is located on Governor’s Road, located in the (RR) Rural Residential Zoning District.
Attorney FX Bruton of McNeill, Taylor & Gallo, was present to represent the applicant. Atty. Bruton requested to be granted a waiver of fees and to extend the period filing at the Strafford County registry of Deeds for another 90 days.
Rick Lundborn of Norway Plains also presented his plans for the #2 detention basin, showing design on map of changes to better serve the drainage issues. There was extensive discussion to revision to the proposed plan for the detention basin and additional catch basins.
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There was also discussion regarding the wording for the bylaws for Richards Way. At this time it reads “until the town takes over the road”; it is requested to be changed to “if and until the town takes over the road”. Atty. Bruton will make these changes.
It was also discussed that the erosion control blanket must be required and if not will be made as a condition of approval. Mr. Lundborn said he would take care of that.
Charlie King opened this up for public comment at 8:45 pm. There were no comments. Discussion continued.
Motion – Gerry Gibson motioned to grant the waiver for the fees, 2nd Paul Parker. Motion carried with all in favor.
Dan Merhalski presented a draft Notice of Decision for the Board to review. The Board went over the draft decision with the applicant.
Motion – Paul Parker motioned to approve the amendment to the previously approved subdivision and extend the filing deadline with the Registry of Deeds by 90 days, and to change the Homeowners’ Bylaws to include “if and until”, and to increase the width of the spillway, 2nd Cindy Snowdon. Motion carried with all in favor.
Motion – at 9:00 pm, Paul Parker motioned to extend the meeting 1-hour, 2nd Gerry Gibson. Motion carried with all in favor.
CONTINUED CASES:
Continuation from 3/18/08 of Compliance Hearing: For previously approved cluster subdivision By; RSA Development, LLC for compliance with the terms of the approved cluster subdivision decisions and related plans for the property off of Elm Street / Dick Dame Lane, (Tax Map U-9, Lots 18 & 19 and Tax Map R34, Lots 1-8); Located in the (SR) Suburban Residential Zoning District, The project consists of sixty (60) single family dwelling units.
Cindy Snowdon and Paula Proulx recused themselves for conflict of interest.
Joan Funk was seated as Selectmen’s Rep.
Documents in review:
• Fence guidelines by Nobis Engineering
• Updated Bond Estimate by Kevin Gagne (FST)
• Letter from Norway Plains re: estimated as-built cost.
• Draft of Notice of Decision
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Dan Merhalski gave information packet to Packy Campbell for his review.
Charlie King opened up to Public Comment:
Eric Martin – Lot 51, Whippoorwill Ridge, Stated miscommunication regarding the fencing. Will his fence remain or be removed and will he be reimbursed for the cost of his fence. Mr. Martin wants say in what type of fence replaces his if needed. Eric also noted again that he wants to be notified prior to anything being done or anyone coming onto his property for any reason
Ryan Jackson – 27 Whippoorwill Ridge, Questioned the Town’s right to make someone change a fence on their own property.
Holly St Peter – Lot 50, Whippoorwill Ridge, Questioned the fence and the easement. She also commented on the examples given regarding the type of fences to go up.
Dan Merhalski explained that this is just an example of the kind of fencing that would be acceptable.
Tracy Major – Resident, commented that the fence issue is taking too long; she asked that this decision be made soon.
Charlie King commented that the board was hoping for a decision tonight.
Cindy Snowdon – Lot 55, commented that the wall did not go up until after these homes were purchased. She wants to know who is liable. Cindy commented that the homeowners should not be liable for this. Cindy also commented that there are still puddles forming in some driveways. She is not sure there is still not a drainage issue. Mrs. Snowdon stated again that Mr. Packy Campbell is not allowed on her property. Also, she wants advanced notice of anyone needing to come onto her property.
Eric Martin – Lot 51, Whippoorwill Ridge, Made a statement regarding the retaining walls; Mr. Martin wants to know where the walls begin to be a liability of his, if that is the case. Mr. Martin also noted that he has photos regarding any drainage issues.
Ryan Jackson – 27 Whippoorwill Ridge, Mr. Jackson commented on the catch basin and drainage issue; that after the topcoat was added, that he feels the catch basins are working; at least the one across from his home.
Packy Campbell noted that JTC, theengineer of record for the site, reviewed the construction of the retaining walls Said they did the design and construction review and stated this wall is sound. JTC assumes full liability on the towns behalf; unless the wall is on the homeowners’ property.
Kevin Gagne (FST) – Reviewed changes in the Bond Reduction.
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• 604.4 adjusted to $0
• Loom has been taken out at $1,800.00
• Seeding kept in the bond estimate; grass is growing $2,290.00
• Utility pole not installed yet at $1,000.00
• Norway Plains gave an as-built estimate of $6,000.00, from $15,500.00
Bond Estimate is $23,000.00 unless the Norway Plains as-build estimate is accepted. Then it changes to $12,600.00.
The Board approved the adjustment to the recommended bond.
Dan Merhalski presented the Board with a Draft notice of Decision and read the 25 items of aloud to the Board.
Packy Campbell commented that he liked the wording of (#2 – Amendments). Mr. Campbell wanted to be sure he understood it.
Motion – at 10:00 pm Charlie Doke motioned to extend the meeting another ½ hour, to 10:30 pm, 2nd Paul Parker. Motion carried with all in favor.
Mr. Packy Campbell, commented on the transfer of ownership to the Homeowners Association wording to be important, and that the wording now differs from the previous approval.
Charlie King requested to table items #5 & #6 for now.
Restoration regarding replacement of the lawn/lawns. Packy is working with Mr. York on this lawn issue. To be reviewed by Dennis Roseberry.
The Board discussed the matter and was in favor of Packy and the homeowner resolving this along with the approval of Dennis Roseberry
Public Comment:
Cindy Snowdon – commented that no decision can be made regarding (#10 Fencing and Retaining Walls) until it is resolved who is liable. Questions the bottom of the wall. Is a fence needed for the bottom also? If liability is the question.
Eric Martin – commented that if he doesn’t like the style of the fence he would deny it; he wants to meet the guidelines.
Gerry Gibson commented that, he believes that the professionals suggested that no fences were needed at the bottom of the wall.
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Paul Parker commented that (#11 Roadway width), must meet the proposed width before there is any thought that the town would take over this road. It must be at town width now.
Charlie King stated that it is meeting the Town requirements that are in effect now.
Mr. Packy Campbell objected to the wording, the condition, the planning board exerting the authority that says that this is going to be a private road.
Dan Merhalski, stated that it is on record in the previous minutes for this project that Mr. Campbell had stated that this road was never intended to be a Town road.
Motion – At 10:35 pm, Charlie King motioned to extend to 11:00 pm, 2nd Gerry Gibson, Motion carried with all in favor.
Motion – Charlie King motioned to recess for 7 minutes, 2nd Dave Kestner,
Motion carried with all in favor.
Board reconvened at 10:46 pm.
Dan Merhalski commented on the Decision to be recorded; to be understood as ownership of the common area (open space) is to be received by the Homeowners Assoc. The intent did not change.
Charlie King stated that items #5 & #6 remain the same as the original approval. The Board agreed that nothing needed to be added.
Paul Parker questioned if there could be a time limit set for the transfer of ownership of the Open Space.
Dan Merhalski answered that the Board can ask that a date be put in, but it would not compel Mr. Campbell to turn over this, because there would be no incentive for this to be completed.
Mr. Campbell objected to the exact wording of items #5 & #6. He doesn’t think it is bad or that it hurts an already tough situation. He thinks it will be a legal situation and it is what it is. Mr. Campbell asked that this be noted for the written record. He is excited to get this compliance hearing approval tonight. Mr. Campbell thanked the Board, Dan and the engineers for getting this part of the process behind us. He just wanted it to be noted for the record that items #5 &# 6 are cause of concern to him. # 8 also causes him some concern. He feels it is in violation of how he reads the Homeowners Assoc. documents and he will leave it at that. He then requested that it be shown on the records. Mr. Campbell also asked for clarification on item #19 Clerk of the Works. All that is left is installing
a light bulb, seeding, loom for the swale line. He stated there would not be a lot of supervision. Is it having someone coming down and showing him how to build houses?
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Dan said no it is just intended for the infrastructure of common land items. If all is done and As-Built plans are turned in then it will not be triggered at all.
Dan noted that the lots do not appear to have all been surveyed and pinned. This is usually done before the lots are sold. If it is not intended that the developer do this at this point the Board my want to compel in this decision that it is done before the last C/O is taken. The lots should have been surveyed before they were sold. The Board may want to put this as a condition to the approval.
Mr. Campbell commented that most towns have this as a condition of approval.
But because with his experience the Town of Farmington’s requirements differ from other towns. He did not question this and if he needs to add this to his list of grievances, he suggested that the board make this a general rule for the future. Mr. Campbell said he told most homeowners that he did not intend on surveying the lots.
Motion – Joan Funk motioned to make that monumenting of lots a requirement for condition of approval, 2nd Paul Parker. Motion carried with all in favor
Charlie King asked Dan if it noted on the plans, that the pins would be set. Dan said that he would need to look at the plat that was signed and approved. Dan also added, that even if it wasn’t, it goes without saying lots must be monumented.
Tracy Major – resident, asked if it mattered that her deed stated that a pin would be set and capped. The deed states that beginning at a ¾” rebar with 90 cap. Tracy was then asked if her lot was monumented and she stated no.
Mr. Campbell stated that this wording is standard for all deeds. He is not adamantly objecting, but it was not in the conditions of approval.
Dan recommended a burm be put in at the driveway of lot 44 to help drainage, and that this be added to the Decision.
Mr. Campbell did not have an issue with the burm being put in at lot 44.
Motion – Paul Parker motioned that the burm be added to the Decision, 2nd Gerry Gibson. Motion carried with all in favor.
Dan also recommended that there be an amendment regarding removing the loom adjacent to the sidewalk on Skyview Drive.
Motion – Paul Parker motioned to amend the Decision to include removal of the loom adjacent to the sidewalk on Skyview Drive, 2nd Gerry Gibson. Motion carried with all in favor.
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Dan referenced adding the As-builts bid from Norway Plains to also be extended to the town to #22 the bond.
Motion – Joan Funk motioned to amend the Decision to include the As-built plans bid from Norway Plains if it extended to the town to accept the bond amount of $12,600.00, and if not, to recommend the bond amount be $23,000.00 2nd Charlie King. Motion carried with all in favor.
Motion – Joan Funk motioned to accept the amended Decision, and find Mr. Campbell in substantial compliance with the previous three (3) Planning Board decisions, conditional of the conditions of this decision, 2nd Paul Parker. Motion carried with all in favor.
Motion – Joan Funk motioned to adjourn, 2nd Charlie Doke. Motion carried with all in favor.
Meeting adjourned at 11:15 pm.
Respectfully Submitted,
Elaine Labrie
Planning Dept. Secretary
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Charlie King, Chairman
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