TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
TUESDAY – July1, 2008
356 Main Street, Farmington, NH
Members Present: Chairman Charlie King, David Kestner, Paul Parker, Gerry Gibson
Charlie Doke, Cindy Snowdon, Paul Parker
Members Absent w/Notice: None
Selectman’s Rep: Paula Proulx
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Kevin Moore / C.N Brown, Tom Saucier / SYTDesign Consultants, David Whittman / McLane Law Firm, Rich Weiland / Microwave Engineer / Verizon Wireless, Peter Cook / Real Estate Consultant to Verizon, Christopher Berry / Berry Surveying & Engineering, Gail Ellis, Carol Borg, Sharon Kaiser,
Rene Toussaint
Chairman Charlie King called the meeting to order at 6:05 pm.
Business Before The Board
Review and approve Meeting Minutes of 5/20/08, 6/9/08 and 6/17/08.
· 5/20/08
Motion – Gerry Gibson motioned to approve the minutes as written, 2nd Paul Parker. Motion to accept the minutes as amended, carried with all in favor.
· 6/9/08
Motion – Gerry Gibson motioned to approve the minutes as written, 2nd Paul Parker. Motion to accept the minutes as amended, carried with all in favor
· 7/17/08
Motion – Gerry Gibson motioned to approve the minutes as written, 2nd Paul Parker. Motion to accept the minutes as amended, carried with all in favor,
with one abstention by Cindy Snowdon.
Motion – 6:20 pm Charlie King motioned to recess until 6:30 pm, 2nd Gerry Gibson.
Motion carried with all in favor.
The Board reconvened at 6:32 pm.
PUBLIC HEARING:
Continued Cases
1. Continuation from 6/9/2008 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 Road in the Agricultural Residential (AR) District.
A letter was received from the applicant requesting a continuation to the next meeting of 8/5/08, Planning Board meeting; pending the receipt of the state report regarding the bridge rating.
Motion – Paul Parker motioned to continue the Public Hearing to the next Planning Board meeting of 8/5/08, 2nd Charlie Doke. Motion carried with all in favor
New Cases
1. Application for Minor Site Plan Approval By: C.N. Brown Company (Tax Map R20, Lot 23-BLD –1) to replace an existing twelve by thirty-two (12’ x 32’) loading area with a new twenty by forth-five (20’ x 45’) concrete pad as mandated by the EPA for loading and unloading fuel from storage tanks: Property is located at 458 NH Route 11 in the (CC) Commercial Center Zoning District.
Tom Saucier – SYTDesign Consultants
Kevin Moore – C.N. Brown
Tom Saucier explained that C.N. Brown was proposing the construction of a 20’ x 45’ concrete containment pad and the installation of a 2500-gallon oil/water separator tank, per EPA mandates. Tom explained that if there was a spill that it would go into the catch basin under the slab. Tom explained that there would be no changes to the site; but inside the dike area. There would be some re-piping to move the unloading valve from the front to the side.
Charlie King asked if there were annual cleanings on these tanks. Kevin Moore said yes.
The Board questioned the overflow capabilities and it was asked if a censor could be added. Kevin Moore said, yes that a censor could be used; he could put in a high level censor/alarm
Paul Parker questioned the rear portion of the property. He wanted to know if this tank would interfere with the use of this area for customers, who enter in the rear to get to side parking? Kevin and Tom both commented that it would not interfere
Dan Merhalski asked if they could remove the overflow and add a high-level indicator instead. The applicant agreed.
Charlie King opened the discussion up to the public for comment at 6:46 pm.
There were no members of the public wishing to speak on this application.
The Board reviewed the request for a waiver for the application.
Section 19. Traffic Impact Analysis
Motion – Paul Parker motioned to grant the waiver request for Section 19; Traffic Impact Analysis, 2nd Gerry Gibson. Motion carried with all in favor.
Charlie King entertained a motion to accept the application as complete.
Motion – Gerry Gibson motioned to accept the application as complete, 2nd Paul Parker. Motion carried with all in favor.
Motion – Dave Kestner motioned to approve the application for Site Plan Review with conditions in the Notice of Decision, 2nd by Paul Parker.
There was extensive discussion regarding the lighting and alarm procedures. There were concerns that there should be a procedure for the store staff to call someone if the censor alarm goes off.
Motion carried with all in favor.
2. Application for Minor Site Plan Approval By: Verizon Wireless (Tax Map R 30, Lot 5) To install nine (9) microwave dishes to be collocated on the existing 560 – foot communications tower, as well as installation of equipment within the existing equipment shelter: Property is located at 623 Ten Rod Road in the (AR) Agricultural Residential Zoning District.
David Kestner recused himself from the review of this application.
David Whittman – McLane, Graf, Raulerson & Middleton Law firm
Rich Weiland – PhD / Microwave Engineer / Verizon Wireless
Peter Cook – Real Estate Consultant to Verizon
David Whittman gave a quick overview of the proposal to the Board. He also explained that there would be no further development to the property. Verizon will be using an existing equipment shelter.
Charlie King asked for a technical overview from Rick Weiland, as to why and what these towers will be used for.
Rich Weiland explained the use of the towers and how they work. Rich explained how Microwave is an alternative.
Charlie King asked if it will improve service of cell phones in this area, or improve the communications from tower to tower to relay the calls. Rich said it would be the latter; it would provide more reliable communications for those cell towers that do provide the connection to the hand cell already.
Charlie King asked how wide the tower is. Dave Whittman could not answer; Rich Weiland guessed that it was 10’ ft wide for a tower at 560’ ft tall.
Paul Parker asked if the tower slenders as it goes up; Peter Cook explained that the tower is a guyed tower so it will not slenderize much.
Charlie King asked if there were currently microwave dishes on the tower now; Peter Cook commented that there are two (2) microwave dishes there now.
Charlie King asked if there would be any interference from these microwave dishes, to anyone in the surrounding areas. Rich Weiland noted that there would not be any interference. Charlie King opened the discussion to members of the public for any questions or comments. There were no comments or questions.
Dan Merhalski commented on the section talking about the 4’ ft. radius of the dish. He reminded the Board that the Planning Board can allow a 6’ ft. dish; as long as they make a finding that there is no substantial impact for the esthetics of the structure itself
Paul Parker asked about the tower construction. Peter Cook explained that there will be a full structural analysis on the tower; usually this is provided at the building permit level. Paul asked about the construction because he is concerned with the fall area extending outside the lot; he would like to see the analysis when complete.
Paul Parker questioned monthly inspections and what the inspections entailed and how much time the inspections took. Peter explained that there are monthly inspections and that only Verizon equipment would be checked by the Verizon inspector.
Charlie King questioned the proposed ice bridge. He asked if it was to protect the cabling to the tower. Rich Weiland commented yes, it was from the tower to the shelter.
Charlie asked if there was onsite service and generator; David Whittman said yes.
Peter Cook commented that ICE constructed this to be used by multiple vendors.
Gerry Gibson asked what the visibility from Ten Rod Road is. David Whittman said he went out to see and he could hardly see it from the road, and that it is quite a ways back and with the buffers it is hardly seen. Dan Merhalski also commented that he went out there and when you are right up close to it, because of the tree line you cannot see it at all.
Charlie King asked if there was any proposed additional lighting. Peter Cook and Dave Whittman both commented no, there would be not additional lighting.
Paula Proulx asked if there have ever been any issues with the abutters in the past regarding the current nature of the towers. It was noted that there were no abutters present at this Public Meeting.
Cindy Snowdon is concerned on a safety side of the tower can handle the additional equipment. David Whittman commented that the Structural Analysis will address this for Verizon equipment and for what is there now
The Board reviewed the waiver requests:
A waiver of Sec. 19 of the Site Plan regulations “Traffic Impact Analysis”. As the nature of this installation does not generate a substantial amount of traffic. Dan recommends that it be granted.
· A waiver from Sec. 28 “Utilities”
· A waiver from Sec. 29 “Landscaping”
· A waiver from Sec. 18D “Existing Grades and Contours”
· A waiver from Sec. 18F “ …Size…of Existing Structure”
· A waiver from Sec. 18I “Size and Location of Public/Private Utilities”
· A waiver from Sec. 18P “Location, projection Direction, Decibel Level of Sound Reproduction Devices”
As there is no proposed new construction for the site, Dan would recommend granting of these waivers as well.
Motion - Gerry Gibson motioned to grant the waivers, 2nd Paula Proulx, Motion carried with all in favor.
Discussion:
Charlie King is concerned with the amount of power consumption, even though there will be no alteration made to the power source.
Motion – Charlie King motioned to add a friendly amendment to the motion to grant the waivers to remove waiver #18(I), 2nd Paula Proulx. Motion carried with all in favor.
Dan Merhalski questioned if there is any fire protection at all in the shelter. Peter Cook commented that he doesn’t think so and that these shelters are concrete boxes and that they are up to code
Motion - Paul Parker motioned to accept the application with the amended item 18(I) as a condition of approval as complete, 2nd Gerry Gibson. Motion carried with all in favor.
Dan Merhalski read and reviewed the Notice of Decision for Verizon Wireless, R30, Lot 5, Approval of Minor Site Plan Review.
Motion - Charlie King motioned to approve this Minor Site Plan Review as presented with the Draft Notice of Decision, with 3 additions. Item #16, that the Farmington Planning Board determines that the 6’ ft. dish is acceptable and with no substantial impact or in violation of the ordinance. Item #17, Structural Analysis is furnished to the Building Inspector prior to receipt of building permit. Item #18, that the underground power from the transformer to the building be located and the size of the transformer size are added to the plan, 2nd Cindy Snowdon. Motion carried with all in favor.
Motion - At 8:05 pm Charlie King motioned to recess for 10 minutes, 2nd Gerry Gibson. Motion carried with all in favor.
The Board reconvened the meeting at 8:10pm
3. Application for Wetland Re-Classification by: Gail Ellis (Tax Map R22, Lots 7 and 10) To re-designate the wetlands on the above parcels of Call II and Class III wetlands, as indicated in their application materials dated June 17, 2008. Property is located on Ten Rod Road and Poor Farm Road, located in the (AR) Agricultural Residential Zoning District.
Christopher Berry – Berry Surveying & Engineering
Gail Ellis – Applicant
Dan Merhalski explained why there is a need for re-classification of the wetlands. This area was never classified to begin with. The way the process will work is the Planning Board will open a Public Hearing. From there it is required that the Conservation Commission provide comments to the Planning Board. Then the Planning Board has final juristdiction to classify the wetlands.
The Planning Board made a request of the Conservation Committee to provide comments to the Planning Board at its next meeting. Dan will type a letter to the Conservation Committee for their next meeting. .
Dan commented that the site itself, whether it is perennial or a intermittent stream is really only an issue if it is perennial; it then triggers a separate section of the zoning ordinance, which is 4.04, there are different development restrictions, if not then it would be 4.03.
Charlie King asked what the differences are in the restrictions of the classes.
Dan Merhalski notes:
Class I – Deemed exceptional and irreplaceable by the Board. This class has a 100’ft. buffer
Class II – Deemed somewhat important; need a buffer of 50’ ft.
Class III – NO BUFFER AT ALL NEEDED.
Charlie King questioned Chris Berry regarding the letter from Mark Jacobs, dated January, 2008. Why does the 70 acres stop at Poor Farm Road and not continue on to the property?
Chris Berry commented that Mark Jacobs did not feel that the 70 acres that he is showing necessarily creates the perennial stream. But Chris Berry will ask Mr. Jacobs to analyze this in conjunction with the rest of the surrounding area.
Charlie King stated he is not sure this is an issue or not. He is familiar with the water flow at the bottom. He has been on a site walk of this area before; is it possible that it was originally that way and that it was maybe an illegal fill that changed it and that is why it was classified as perennial.
Chris Berry stated no. He knows it has been logged but, doesn’t believe it has bee filled. Chris said he could provide pictures if the Board would like.
Dave Kestner stated that Charlie King, Julie LaBranche and he had been out to this site in the August/ September area, and that the stream was running quite strongly.
Chris Berry Reviewed the topography with the Board and it shows that it drains.
Cindy Snowdon asked if someone has been out there within the last 15 days or so. Mr. Jacobs letter was written in January, 2008. Dan Merhalski said no; we would need approval to go out to the site. Charlie King noted that he sees no changes from the last site visit.
Paul questioned activity on the property now. (Logging). Chris Berry stated that in the state of NH you have the ability to cut on your property and the wetlands.
Cindy Snowdon asked if others on the Board maybe could do a site walk. There are only 2 members of the Board who have seen this site. Chris Berry asked that later this month the Board convene a site walk and invite the Conservation Commission. Dan Merhalski
questioned the need for a site walk, he wondered if it would give the board something that a report would not. Charlie King feels a walk would be very helpful to those Board members who have not seen this site better understand the report. Dave Kestner also felt it would be helpful and it would help the next meeting to be more productive.
Motion – at 9:15 pm Charlie Doke motioned to extend the meeting to 10:00 pm, 2nd Paul Parker. Motion carried with all in favor.
Charlie recommended that a site walk be scheduled,
Motion – Paul Parker motioned to schedule a site walk through Poor Farm Road and Ten Rod Road, on 7-22-08 at 6:00 pm, and invite the Conservation Commission, 2nd Dave Kestner. Motion carried with all in favor.
Cindy Snowdon asked if we had to get permission for the site visit; Chris Berry said permission has been given.
Charlie King opens the meeting to the public at 9:20 pm
Rene Toussaint, 268 Ten Rod Road, questioned the water flow at the existing drive way. He has lived there for 5 years and has never seen it dry. He then asked Mr. Berry if
there was snow on the ground at the time of Mr. Jacobs report. Mr. Berry said yes.
Motion – Paul Parker motioned to continue the Public Hearing to the next Planning Board meeting of 8-5-08, 2nd David Kestner. Motion carried with all in favor.
4. Application for Major Subdivision Approval By: Gail Ellis (Tax Map R22, Lot 7) To subdivide five (5) residential lots from the existing parcel. No roadway or infrastructure improvements re proposed at this time; Property is located on Ten Rod Road and Poor Farm Road, located in the (AR) Agricultural Residential Zoning District.
Christopher Berry – Berry Surveying & Engineering
Gail Ellis – Applicant
Chris Berry – Regarding this 5 lot Major Subdivision the applicant is not proposing any roads or infrastructure at this time. We are proposing 4 new residential building lots. There is an existing house on the parcel, which will remain to my knowledge. We are really proposing 3 additional building lots tonight. With frontage on Ten Rod Road or Poor Farm Road, and the remaining land will be incorporated into the larger development. We are proposing a 75’ ft. buffer because, Poor Farm Road though in its current condition, it is gravel; technically is a scenic road per zoning maps. There are no requirements but we want to propose a 75’ ft. buffer within that area. We propose one (1) driveway cut off of Poor Farm Road; which will be in the area of the proposed future road
Charlie King brought forward some additional information regarding Poor Farm Road not being a scenic road.
Dan Merhalski stated that he checked with the town clerk and it shows that Poor Farm Road was proposed as scenic but not designated. Dan will provide documentation to this effect.
Charlie King asked Dan if this went to the Technical Review Committee and Dan said yes. Charlie King then read a letter/email submitted by the Farmington Fire Chief regarding the Ellis Subdivision Cistern, dated 6/30/08. Charlie King questioned if the cistern policy will have authority over the Planning Boards pending subdivisions.
Dan Merhalski stated that given the fact the Planning Board is charged with ensuring the public health and safety, it is the Planning Department’s stance that if the Fire Chief makes a recommendation of a life safety issue, then the department will support it. In this case the Planning Department is supporting the recommendations for this, however the Board has its own jurisdiction and can determine whatever it would like to do. Dan agrees that there may be liability imposed on the Board if they do not follow the Chief’s recommendation.
Charlie King questioned the location of the driveway. Chris Berry commented that in his opinion this is one of the better places to put the driveway. He also stated that if the Board would like him to put together a synopsis as to why this location is best he can.
Charlie King asked Dan if Joel Moulton had commented on this. Dan Merhalski said no, he had not heard from Joel.
Charlie King also commented on the Cistern and the placement of the roadway.
Paul Parker questioned that maybe the Fire Chief was looking at the whole project, this and the subsequent. Chris Berry stated that when he met with the TRC and the Fire Chief the Fire Chief made him aware that he would be in favor of and requesting that the Board requires a cistern on the larger project.
Paul Parker feels that the Board should ask the Fire Chief for clarification.
Charlie King opened the meeting to the public.
Carol Borg, 35 Poor Farm Road – Regarding the 5 lot subdivision; does it mean that without the roadway infrastructure all those lots have the appropriate road frontage.
Dan answered yes with 250’ ft frontage.
Sharon Kaiser, 48 Poor Farm Road – expressed her concerns with the water flow for (R22 L9-2), concerns with the water flow down hill
Paula Proulx, Cindy Snowdon and Charlie Doke expressed concern with the entrance to the subdivision. They would like Joel Moulton to comment on this. They would also would like clarification from the Fire Chief as to why he feels 20,000 gallons is good for a few houses but proposes 10,000 for 22 houses in a larger subdivision, and on the standards that are being proposed by him.
Charlie King recommends that Joel Moulton be invited to the next meeting.
Motion – Charlie King motioned to accept the application as complete, 2nd Paul Parker. Motion carried with all in favor.
Motion – Paul Parker motioned to continue this hearing to the next meeting of 8/5/08, 2nd Dave Kestner. Motion carried with all in favor.
Motion – Dave Kestner motioned to adjourn, 2nd Gerry Gibson. Motion carried with all in favor.
Meeting adjourned at 10:15 pm.
Respectfully Submitted,
Elaine Labrie
Planning Dept. Secretary
____________________________________________
Charlie King, Chairman
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