TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
TUESDAY – August 5, 2008
356 Main Street, Farmington, NH
Members Present: Charlie King / Chairman, David Kestner, Paul Parker,
Cindy Snowdon, Charlie Doke.
Members Absent w/Notice: Gerry Gibson
Selectman’s Rep: Paula Proulx
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Jeff Green – J.L. Green Enterprises, Chris Berry- Berry Surveying, Gail Ellis, Marc Jacobs – Consulting Wetland & Soil Scientist, John Chagnon – Ambit Engineering, Inc., Stamatia Miminas
*These Minutes are the legal record of the meeting and are in the format of an overview of the meeting. It is neither represented nor intended to be a true transcription of the meeting. A recording of the meeting will be on file in the City Library for reference purposes. It may be copied for a fee.
Chairman Charlie King called the meeting to order at 6:10 pm.
BUSINESS BEFORE THE BOARD:
· Pledge of Allegiance
· Review and approve Meeting Minutes of 7/1/08, 7/15/08 and 7/22/08
Motion – Paul Parker motioned to accept the minutes of 7/1/08 as amended, 2nd Charlie Doke. Motion carried with all in favor.
Motion- Paul Parker motioned to accept minutes of 7/15/08 as written, 2nd Charlie Doke. Motion carried with all in favor
Motion – Paul Parker motioned to accept minutes of 7/22/08 as amended. 2nd Charlie King. Motion carried with all in favor. Paula Proulx and Cindy Snowdon abstained.
· Cherub Estates / Peter Rizzo – Update on Outstanding Issues
Dan Merhalski reported to the Board that on August 5, 2008 he conducted a second site visit. He noted that the gravel sidewalk did not meet the compliance hearing decision of March 20, 2007. Also there were no signs posted showing the road is private, and no direction/traffic signs posted at the intersections. There are also no street name signs or traffic control signs at the intersection of Cherub Drive and Holly Lane.
Dan Merhalski reviewed a letter from Richard Colby of L.C. Engineering Company, LLC. that had been sent to Joel Moulton, the Public Works Director. Based on a site visit by Mr. Colby on July 11, 2008. Mr. Colby notes that Holly Lane is finished, Cherub Drive (Phase I) is finished, and Cherub Drive (Phase III) the 5’ foot gravel shoulder was to be constructed on the left side of Cherub Drive and will need to go before the board as a change to the plan by Mr. Rizzo. Mr. Colby also noted in his letter, that the street signs are in at this time. Dan noted there are no traffic control signs. Dan Merhalski asked the Board if, based on their previous compliance decision of March 20, 2007, if they wanted to schedule another compliance hearing, or if once the 2 items are completed, Ledge Rock
LLC would be in compliance? The Board agreed that once the two items from the decision are completed the applicant would be in compliance.
The Board discussed these issues. Charlie King proposed that the Board get bids for the jobs to be done and recommend the Board of Selectmen that Mr. Rizzo either do the work with in a time period, or the bid would go out.
Motion – Paul Parker motioned to suggest the Selectmen call the bond and give Mr. Rizzo 30 days to come into compliance, while the Town would actively seek 3 bids to complete the project and get this done by fall, 2nd Cindy Snowdon. Dave Kestner recommended this be brought to the Selectmen for their next meeting. Motion carried with all in favor.
PUBLIC HEARING:
CONTINUED CASES:
· Continuation from 7/1/2008 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.
Mr. Jeff Green of J.L. Green Enterprises represented Cynthia and Jean Crawley. Mr. Green gave an overview of the plan for the Subdivision to the Board. The Board discussed the bridge on Paulson road in detail. A letter from Joel Moulton, sent to the Board of Selectmen was read and reviewed; it stated that the Biennial Inspection Report for the municipally owned bridge for the Town of Farmington for the Paulson Road bridge (Bridge # 101/125) from NHDOT, was received and a “NO WEIGHT POSTING REQUIRED” rating was given. After the repairs to the bridge this year, the bridge has been taken off the NHDOT Red List. Joel’s memo proposed to the Board of Selectmen a recommendation that the bridge be posted at a maximum weight limit of 15 tons.
Charlie King asked that the Fire Department is satisfied with the bridge. Dan Merhalski said he had received an informal report from the Chief confirming this.
Motion – Paul Parker motioned to accept the application as complete, 2nd Charlie Doke. Motion carried with all in favor.
Board reviewed the Notice of Decision for Cynthia A. and Jean E. Crawley, Map R-36, Lot 3, Two-Lot Subdivision Approval.
Amendment to the Notice of Decision is to add a condition to the notice to the bridge that no construction traffic over 15 tons be allowed over bridge with out approval/permit by the Town Road Agent.
Motion – Paul Parker motioned to grant approval for the Subdivision per the Notice of Decision as amended, 2nd Cindy Snowdon. Motion carried with all in favor.
Motion – Charlie King motioned to recommend to Selectmen for authorization of a Building Permit off a Class VI road, contingent upon the improvements shown on the plan that were recommended by the Road Agent; required waivers of limited liability and a maintenance agreement, 2nd Paul Parker. Motion carried with all in favor.
Motion – At 7:18 pm Dave Kestner motioned to recess for 5 minutes, 2nd Charlie King. Motion carried with all in favor.
The Board reconvened the meeting at 7:25 pm.
· Continuation from 7/1/08 meeting of Application for Wetland Re-Classification By: Gail Ellis (Tax Map R-22, Lots 7 and 10) To re-designate the wetlands on the above parcels to Class 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.
Chris Berry – Berry Surveying represented Gail Ellis. Chris reviewed what had been discussed at the last meeting of 7/1/08. The 1st item was the wetlands being classified Class II with a 50’ foot buffer, or Class III. Chris asked for a Class II wetland classification, as recommended by Marc Jacobs, the consulting wetland and soil scientist. 2nd item was the description of the stream being intermittent or perennial. It was also reported by Mr. Jacobs that the stream is intermittent and not perennial.
Marc Jacobs explained the watershed boundary. The Board reviewed and discussed the information that Mr. Jacobs handed out.
The Board reviewed the Notice of Decision for Poor Farm Road / Tax Map R22, Lots 7 and 10 Wetland Re-Classification.
Chairman Charlie King, at 8:00 pm opened the meeting up to public comment. No members of the public wished to speak at this time.
Motion – Paul Parker motioned to approve the application using the Notice of Decision as amended/revised, 2nd Cindy Snowdon. Motion carried with all in favor.
· Continuation from 7/1/08 meeting of 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 are proposed at this time; Property is located on Ten Rod Road and Poor Farm Road, located in the (AR) Agricultural Residential Zoning District.
Chris Berry- Berry Surveying represented Gail Ellis. Chris reviewed the application for Subdivision. The proposed roadway and site distance of + 250 site distance was measured by Chris Berry. Chris noted that the Road Agent for Farmington showed concern with 1 utility pole. Chris commented that this is not viewed as an obstruction in his opinion as it is set back from the roadway.
Cindy Snowdon questioned the issue with the utility pole. It was confirmed that the subdivision road is not going in at this time, so this is a non-issue at this time.
Charlie King voiced his concerns with the buffers and traffic and how they would affect the potential new home/land owners. Dave Kestner asked if a note on the plans for lot 7-4, regarding the future roadway should be added to lots 7-1 and 7-2 also to show on the plans. Chris Berry agreed that he would add those notes.
It was discussed to change the easement from 25’ foot grading and drainage to a 50’ foot easement long lot 7-4. Also to show on the map a 15’ foot easement for utility poles along the length of Poor Farm Road. Chris Berry agreed
Motion – Charlie Doke at 9:00 pm motioned to continue the meeting to 10:00 pm., 2nd Paul Parker. Motion carried with all in favor.
The Board reviewed the Draft Notice of Decision Poor Farm Road / Tax Map R22, Lot 7 Approval of Major Subdivision.
#6 Easements – Was amended from 25’ foot to 50’ foot; also a 15’ foot utility easement along Poor Farm, Lot 7-4. Also note these to the plans
#7 Fire Cistern – Charlie King disagrees with the cistern recommendation by the Farmington Fire Chief. The Board discussed this in great detail.
Dan Merhalski stated that if the Fire Chief is asked for and gives a recommendation, and the Planning Board doesn’t follow it; then the liability may be on the Town should the recommendation not be followed. Dan said that in an email the recommendation is that if there is future subdivision beyond this, then the Fire Chief would want a cistern; because fire safety for the entirety of the subdivision would want to have two (2) cisterns, or at least one in this location.
Paula Proulx stated that she felt that the recommendation by the Farmington Fire Chief regarding the Fire Cistern should be allowed.
Motion – Charlie King motioned to remove #7 Fire Cistern from the Notice of Decision Poor Farm Road / Tax Map R22, Lot 7 Approval of Major Subdivision, 2nd Dave Kestner. Motion carried with 5 in favor, Paula Proulx apposed.
9:30 pm Chairman, Charlie King asked for public comment; there was none.
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Motion – Paul Parker motioned to grant approval for Notice of Decision Poor Farm Road / Tax Map R22, Lot 7 Approval of Major Subdivision, according with amendments, 2nd Charlie Doke. Motion carried with 5 in favor. Charlie King was in opposition because he believes that lot 7-1 does not meet the standards of an environmentally or strategically well-planned out lot according to Subdivision control.
Motion – Dave Kestner at 9:35 p.m. motioned for a 5-minute recess, 2nd Paula Proulx. Motion carried with all in favor.
The Board reconvened the meeting at 9:41 pm.
· Continuation of Site Plan Review Application from 2/7/08; By Mrs. Stamatia Miminas (Tax Map U05, Lot 182); Located @ 498 Main Street; for the proposed renovation of the top two floors over Farmington Town Pizza; converting into two units; each unit comprised of 2 bedrooms and full bath on the 2nd floor; 1st floor comprised of ½ bath, kitchen, living room and dining room.
John Chagnon – Ambit Engineering, Inc., represented Stamatia Miminas regarding continuation from 2/7/08, proposed Site Plan.
John Chagnon reviewed the application and proposed parking changes. The Board reviewed the application and site map showing the current and proposed parking lot.
The Board also reviewed a letter from Mr. John Chagnon to the Board of Selectmen requesting use of the municipal parking lot two of these spaces. Charlie King asked if the Board of Selectmen have seen this letter. Dan Merhalski stated that it is on the agenda for the 8/11/08 Board of Selectmen meeting.
Dan reviewed the list of deficiencies of the application/site plan for project at 498 Main Street with the Board. The Board reviewed the list, item by item.
Charlie King read a letter from abutters, Lou and Donna Goscinski regarding their concerns. Mr. Chagnon stated that Mrs. Miminas said that she has spoken to them and
It has been resolved. Mr. Chagnon also noted that he would get a signed statement from
the abutters regarding this.
Motion – Charlie Doke at 10:05 p.m. motioned to extend the meeting to 10:30 p.m., 2nd Paula Proulx. Motion carried with all in favor.
The Board asked that there be additional information regarding drainage, utilities and topographic lines from the applicant. Mr. Chagnon agreed to show this on the amended plan. This would address items 1-5.
The Board asked for snow removal to be noted on the plan.
The Board asked that #6 needs to be noted on the plan or a waiver to be requested. The applicant will show this on the plan. The applicant would ask for a waiver.
Fire escape details will be added to the plans.
Dumpster needs to have fencing/screening. The Board is requesting this to be shown on the plan.
The Board asked to show the location of the parking sites, to show on the plans.
Motion – Paul Parker motioned to continue this application to the 9/2/08 meeting, 2nd Dave Kestner. Motion carried with all in favor.
NEW CASES:
None
Motion – Dave Kestner motioned to adjourn the meeting, 2nd Cindy Snowdon. Motion carried with all in favor.
Meeting adjourned at 10:30 pm.
Respectfully Submitted,
Elaine Labrie
Planning Dept. Secretary
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Charlie King, Chairman
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