Town of Farmington
Planning Board
Meeting Minutes
Tuesday – August 19, 2008
Members Present: Charlie King, Paul Parker, Gerry Gibson, David Kestner, Charlie Doke, Cindy Snowdon
Selectman Present: Paula Proulx
Town Staff Present: Director of Planning and Community Development, Daniel Merhalski
Public Present: Hiram Watson, JoAnn Doke and Norman Russell
Chairman King opened the meeting at 6:00pm.
1. Planning Board Appreciation: Chairman King presented Hiram Watson with a plaque in appreciation of his seven years of service to the Town as a planning board member.
2. Discussion on Rte. 11 Rezoning: Dan Merhalski presented the Board with a map with three preliminary areas for zoning changes he would suggest. He informed the Board that he would suggest keeping the WEDCO, SAMCO and Sarah Greenfield Business Park as industrial and combining the remaining Rte. 11 corridor into a Commercial Business (CB) zone. Dan stated that based on the Master Plan’s focus on nodal development along Route 11, a proposed 500-1,000 foot corridor is recommended to allow for such developments. Dan also proposed the Collins & Aikman site be rezoned as a PUD to allow for flexibility and better use of
the property.
Cindy asked if the 500 foot requirement is on both sides of the road and Dan replied yes, though the maps he provided tonight depict the maximum 1000 foot width.
Paul asked how the Cocheco River will affect these proposed changes and Dan explained that the Comprehensive Shoreland Protection Act provides for a 250 foot setback so there would be no direct change. Paul then asked if the possible river designation into the river protection program would call for a 1320 foot setback and Dan that this setback is only the review area for the proposed review committee through the state’s program, but setbacks would only apply to a few, specific uses within this area, if the river is designated.
Charlie K. stated that he is concerned how small and medium manufacturing businesses would be affected by these changes; primarily how the table of permitted uses is revised. He added that he is concerned that this table needs to be flexible to allow for these smaller businesses. Paul agreed with Charlie and further noted that an area should probably be designated for such businesses on Route 11 near the New Durham line.
Charlie K. noted that the area across from Cameron’s is residential and probably should stay that way because of the amount of homes in the area. It was discussed that anything with direct frontage on Rte. 11 should be commercial.
The Board reviewed the current Rte. 11 zoning and properties with the use of a computer program Charlie K. had. Charlie noted that 1000 feet on the easterly side of Rte. 11 by Central St is densely residential and therefore a zoning change might be needed there. He explained that it is currently designated as UR and RR and that the CC is on the left side only in that area. Dan commented that one concern is that residential frontage on Rte. 11 is not the best use of the properties.
Charlie Doke noted that Dan’s suggested changes and Charlie K. ideas of flexibility are best because then the Board can make decisions on a case by case basis and won’t have to work around so much non-conformity. Cindy agreed with this statement noting that the current zones are plentiful and many of the properties have a lot of concerns already with the aquifer, river and challenging building lots. Paul disagreed and believes that different parcels should be zoned to protect certain areas from too much large growth. David commented that large development on Rte. 11 can be done correctly and intelligently to increase the tax base according to the Master Plan.
There was a discussion on whether or not the town owns a GIS system. Many planning board members recall the town purchasing one several years ago but Dan said he has not come across it. Dan will do some research to see what the Town has.
Norman Russell, resident, asked to speak because he had some suggestions for rezoning. Mr. Russell thanked the Board for taking the time to consider the zoning changes and also asked them to consider the characteristics of the land; including geographical, hydrological, soils and topographical issues when creating the new zones. He also asked them to utilize any available information to evaluate the features of useable land to promote the best use of the parcels on Rte. 11. Mr. Russell shared a soil designation map he had and Cindy asked Dan if he could get a similar map from Strafford Regional Planning Commission (SRPC) for her to use. Dan responded that he did not see how soils information would help the Board with rezoning. Dan noted that developers could overcome any
geographic hurdles with engineering work, and that unless the soils types are part of the aquifer, or wetlands, they are not really pertinent to determining the desired uses of the land for zoning.
Charlie King motioned for a short recess, 2nd Paul Parker. Motion carried with all in favor.
Meeting reconvened.
Charlie K. asked for the Board’s opinion on absorbing the ORB into the CC. Paula said that she is not sure yet, though she doesn’t see any problems thus far. Charlie D. agrees with Dan’s recommendations. Cindy said she likes the concept and thinks it just needs a few little tweaks. David said he agrees with the proposed changes but sees the 1000 foot corridor changing mildly in some areas. Gerry stated he agrees with the changes. Paul said he has no major objections, though he would like to see more IB, PUD and would like more information on a TIF. Charlie K. said he would consider access off of Meetinghouse Hill Rd. for a PUD.
Paul added that he believes the Board should review the Table of Permitted Uses and see if they might be able to come up with something better to use because the current one has some serious limitations, is complex and can be easily misunderstood and/or misused.
Dan asked if the Board wants him to put together a draft PUD ordinance and the Board replied yes. Dan then asked if they want him to look at redoing the current CC and IB district regulations. Charlie K. replied that maybe he should wait awhile on this until they get this other stuff done. Paula disagreed with Charlie K. response noting that these types of details are what would hold her back from making a final decision on the proposed zoning changes. The Board agreed with this and Dan will draft some regulation changes.
3. Discussion on Site Plan and Zoning Regulations for VC (Village Center) District Amendments: Dan reminded the Board that these amendments were previously discussed in May or June and he found out from legal that the town appears to be legally permitted to require business permits.
Dan asked the Board if they would like to look at the review process for businesses that have expansion under 1500 square feet and allow them to be reviewed by town staff. Charlie K. asked if it has to be a requirement or can it be voluntary to go to the planning board with small changes like these. Dan said it would have to be a requirement because it would be in the zoning ordinance and the RSA’s state that the appeals process would be through the planning board and then the ZBA for any administrative decisions. Charlie K. stated he would be amenable to this because it would assist business changes in the VC as long as they are for permitted uses. Paul said that his concern is that the board would not be able to ask questions on the applications and the Board discussed
that town staff is competent to handle these small applications.
It was then discussed that if the change is for a permitted use and does not go over the 1500 square foot threshold or create a dramatic impact to safety or traffic and the administration does not flag it for some other reason than the planning board should not have to review it. It was noted that this change would definitely speed up the process for business changes in the VC.
Paul questioned how abutters would be notified of the changes and when they would be able to comment. Dan said if there is a change in construction over 1500 sq.ft., that abutters would be notified as usual, but a change in business under that would not. Cindy asked if the Board could be emailed about the applications so they would have the opportunity to review and Dan replied that this would not be legal as it would constitute a meeting under the Right to Know Law. Paula asked what would happen if the current competent staff was to leave and Dan replied that the town would still be in need of planning services so they could contract out for someone until the position is filled by another competent planner.
Paul Parker motioned to continue the meeting until 9:30pm, 2nd David Kestner. Motion carried.
Charlie asked how existing businesses would be affected and Dan replied that they would be grandfathered. The ordinance would state that any businesses after the date of acceptance would need a business permit.
Charlie K. stated that he believes a percentage should be applied as well as the footage requirement and the board decided that the ordinance should be for businesses that have a change in construction of no more than 25% of the total building area, or 1000 square feet (whichever is more stringent). Dan reminded the Board that this ordinance would be for all businesses not just those in the VC.
Paul Parker motioned to continue the discussion on the site plan regulation amendments to the VC and the Rte. 11 zoning to September 16, 2nd Gerry Gibson. Motion carried with all in favor.
Charlie King motioned to adjourn, 2nd David Kestner. Motion carried with all in favor.
Respectfully Submitted,
Brandy Sanger, Recording Secretary
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Charlie King, Chairman
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