TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
TUESDAY - October 7, 2008
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, David Kestner, Paul Parker, Charlie Doke and Cindy Snowdon
Members Excused: Gerry Gibson
Selectman’s Rep: Paula Proulx
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Danny Woodman, Shane Tufts, Bill Tsirois, Steve Edwards, Cathy King, Greg Henderson and Tom Blanchette.
Chairman Charlie King called the meeting to order at 6:02 pm.
Business Before the Board
1. Review of Minutes:
A. Paul Parker motioned to accept the minutes of 8-20-08 as amended to reflect the correct date, 2nd David Kestner. Motion carried with all in favor.
B. Paul Parker motioned to accept the minutes of 9-2-08 as written, 2nd Charlie Doke. Motion carried with Dave Kestner abstaining.
C. Paul Parker motioned to accept the minutes of 9-16-08 as amended to reflect a change in wording, 2nd David Kestner. Motion carried with all in favor.
2. Other Business to Come Before the Board:
A. Dan reminded the Board that the November 4th meeting has been rescheduled to Nov. 5th.
David Kestner motioned to recess until 6:30pm, 2nd Charlie Doke. Motion carried with all in favor.
Public Hearing at 7:58 PM
Continued Cases:
o Continuation of Site Plan Review Application from 2-7-2008; 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 1/2 bath, kitchen, living room and dining room.
Dan informed the Board that the applicant requested a continuation because they are still trying to resolve the parking issue. Paul Parker motioned to continue the application for Stamatia Minimas to 11/5/08, 2nd David Kestner. Discussion followed in which Paul noted that this application has been around for some time now and needs to move forward soon. Motion carried with all in favor.
New Cases:
o Application for Major Site Plan Approval By: 500 Boys and Girls Club (Tax Map U-6, Lot 118) For an approximately 2,200 square foot addition to the existing storage shed building to incorporate additional storage and a new, covered batting cage; Property is located at 18 Summer Street in the (UR) Urban Residential Zoning District.
Charlie King and Cindy Snowdon both recused themselves due to conflicts of interest. Vice-Chairman Paul Parker took over the meeting and informed the applicants that they do have the right to a full board, but that there was not one available tonight due to the lack of planning board alternates. Mr. Woodman responded that he was comfortable moving ahead with the night’s board.
Mr. Woodman explained the proposed application to the board and that the 500 Boys and Girls Club would like to put up a new batting cage where the old one existed and put an addition on to their storage shed that is already existing. Paul asked for more information on the batting cage and Mr. Blanchette explained that they are proposing an enclosed (up to 3-foot from top) batting cage, to be built like a pole barn. They intend to install lights for use on gloomy, rainy days but not really nights. Paul asked if they will have a pitching machine and Mr. Blanchette said yes, they will use the same ones they have been. Mr. Woodman added that they would like to add a 12’ X 14’ addition to the existing 12’ foot shed and vinyl side it with a metal roof.
David commented that he saw the application received Technical Review Committee approval and reminded the applicants that they said they would restrict the lights in the batting cage. He further suggested a 9pm time limit on the use of the cage and lights. Paula and Charlie Doke both commented that the Club polices themselves very well and have been historically considerate and approachable to their neighbors.
Charlie D. asked if they have had any feedback from the abutters and Mr. Woodman replied no. Greg Henderson, abutter, stated that he is concerned this project may take away from the parking that is already so scarce at the park. Mr. Blanchette showed him on the plans where the construction would be taking place and Mr. Henderson was satisfied that the application would not further impact the parking.
The Board reviewed the requests for waivers. The applicant requested a waiver from Sec. 8A (application fees) and Sec. 8C (review escrow fees). Charlie Doke motioned to grant waivers of Sec. 8A and 8C, 2nd Paula Proulx. Motion carried with all in favor. The applicants requested waivers of Sec. 18C (property survey), Sec. 18D (existing grades and contours), Sec. 18J (vicinity sketch), Sec. 18K (wetlands and soil delineation for site) and Sec. 18M (location of proposed snow storage on site). Paul Parker motioned to approve all the afore mentioned waivers, 2nd David Kestner. Motion carried with all in favor.
David Kestner motioned to accept the application by 500 Boys and Girls Club (Tax Map U-6, Lot 118) as complete, 2nd Charlie Doke. Motion carried with all in favor.
Dan noted that there are some deficiencies on the plans, notably; the site plan is missing utility information for the site. Mr. Woodman said he could meet with Dale Sprague this week and get that resolved. Paul noted that a differentiated line should be shown on the plan to delineate between the existing storage shed and the proposed one. Paul then closed the pubic hearing.
David Kestner motioned to accept all the waivers under #14 of the draft Notice of Decision as written for the 500 Boys and Girls Club application (Tax Map U-6, Lot 118), 2nd Paula Proulx. Motion carried with all in favor.
Charlie King and Cindy Snowdon rejoined the meeting.
o Application for Minor Site Plan Approval By: Steve Edwards (Tax Map R49, Lot 3) To construct an 8' x 44' addition to the existing store structure; Property is located in the Industrial Business (IB) Zoning District.
Charlie asked the applicant what the current use of the space is and Mr. Edwards said that it has been a store and office at the Strafford Inn. Charlie then asked if there will be a change of use as a result of this application and Mr. Edwards responded that there will not be an office there anymore and that he will make the small store into a convenience store only. Charlie then asked if he has taken the top floor off the existing structure and if he has done any work in the back area. Mr. Edwards replied yes, he had a building permit to take the roof off and has been doing some work out back.
David said that he visited the site today and saw a pile of rocks behind the building. Mr. Edwards said yes, there is a pile of rocks there, further explaining that he lost a lot of land due to the flooding of the river and is trying to rebuild the area. David said that when he was down there he did not notice any silt fencing being installed where all the rock and debris is and added that this is part of the Cocheco River area and needs to be protected. David stated that Mr. Edwards brought the fill in and is infringing on the flood plain with no mitigation or permits. Bill Tsirois stated that there was no additional fill installed and the rocks put there were to protect that area from wash out. David responded by asking; if all you are doing is straightening out the area then why are you
not using silt fencing. Mr. Edwards explained that the rocks were to stabilize the area instead of the silt fencing.
Mr. Edwards stated that he thought he had the right to put an addition on the building because it was a store before. Charlie K. asked if the hotel was under special exception in this particular zone. Mr. Tsirois explained that the hotel, restaurant and store were granted special exception by the planning board in the early 1990s. Charlie then asked if Mr. Edwards is the owner of record and he said yes. Charlie added that this hotel is an existing commercial use and existing non-conforming use.
Dan stated that one issue with the application is that the construction began before the application and has since been continued. When Mr. Edwards applied for the original building permit it was not for an expansion or a change of use and when the Code Enforcement Officer found out there was a change of use a "cease and desist" was ordered. Dan also said he was not aware of any earth moving material work and that it may be within 250 ft. of the Cocheco River and would require CSPA review as of July 1, 2008. Dan added that the Code Enforcement Officer did allow Mr. Edwards to weatherize the building and that was all. It was further noted that documentation that the store was an allowed and grandfathered use has not been, and will need to be, provided to town staff.
Charlie K. stated that he has an issue with the expansion of a non-conforming use. Dan said it has not been clearly defined as to what the intended expansions will be. Mr. Edwards stated that when he got the original permit his plan was to just expand the current use of the store/office but he has changed his mind since. Cindy asked when the office moved. Mr. Tsirois said the office was relocated when construction started. Dan said there needs to be a determination of what the proposed use will be. Charlie K. read the IB (Industrial Business) guidelines and found that grocery stores are only permitted with special exception and no retail stores (of any size) are allowed.
Charlie K. stated that Mr. Edwards needs to; 1. provide documentation that the store is a pre-existing non-conforming use and 2. will need to address section 8-19 of the site plan regulations for this minor site review. Charlie K. asked if there were changes to the other three buildings on site and Mr. Edwards said no change was made except for the office moving into one of the hotel rooms. Cindy then asked if the proposed store is for the hotel or for the public and Mr. Edwards replied the public. Dan said that a verbal request was made for waivers on all the site plan regulations but he has not received any written request.
Charlie K. stated that the application is not complete and since this is an expansion of use the application needs to show parking, lighting, handicapped accessibility, etc. as read in the site plan regulations. He also cautioned Mr. Edwards to keep in mind the new state river regulations and wetland delineation. Paula stated that she agreed with Charlie and that legitimate concerns were brought up at the TRC meeting that still need to be addressed. Paula asked if a formal TRC meeting was held and if the applicant was present. Dan replied that a formal meeting was held but that the applicant was not present. Paula suggested holding another TRC meeting with the applicant present and Mr. Edwards agreed. Dan said that the next TRC meeting is scheduled for 11/20 and the applicant may
benefit by saving time if the department heads to sign off with their written approval/comments in lieu of a TRC meeting because the applicant wouldn’t be able to return to the Planning Board until December otherwise. Dan explained that comments from the department heads need to be received by 10/28 and therefore Mr. Edwards get information to them by 10/22. The applicant replied that he did not have an issue meeting that time frame.
Dan informed the applicant that if he is working within 250’ of a wetland or river shoreline then he would need to contact NHDES. Charlie K. asked what the approximate height of the retaining wall was. Mr. Edwards replied that it is approximately 20 feet high with a 1 percent slope. Charlie K. said that if retaining walls are more than 4 ft. high they require a permit, so the applicant may want to discuss it with Dennis. Dan requested that town staff have permission to visit the site and Mr. Edwards replied that he had no problem with town staff or any of the planning board members visiting the site at any time.
Paul Parker motioned to continue the application by Steve Edwards to 11/4/08, 2nd Cindy Snowdon. Discussion followed in which David commented that 10/22 is only a week away and he is not sure if Mr. Edwards is going to be able to resolve all the application deficiencies. Charlie K. replied that because the planning board’s schedule is not busy he does not mind allowing this. Mr. Edwards said that it does not make a difference to him and he could certainly wait until December. Paul Parker amended his motion to continue the application to 12/2/08 and Cindy Snowdon accepted the amendment. Discussion followed in which Paul noted that this would allow the applicant to attend the November TRC meeting. Dan
said that materials would need to be submitted to the town by 11/13/08 with the TRC meeting being on 11/20/08 at 9am. Motion carried with all in favor.
David Kestner motioned to adjourn, 2nd Charlie Doke. Motion carried with all in favor.
Meeting adjourned at 8:41pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
Charlie King, Chairman
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