TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Wednesday, November 5, 2008
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, David Kestner, Paul Parker, Charlie Doke and Cindy Snowdon
Members Absent: Gerry Gibson
Selectman’s Rep: Paula Proulx
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Madalyn Chabot of the Kodiak Group, Peter Kelly, Gail Ellis, Chris Berry, John Borg, Carol Borg and Randy Toussaint.
Chairman Charlie King called the meeting to order at 6:00 pm.
Business Before the Board
1. Review of Minutes:
A. Paul Parker motioned to accept the minutes of 10-07-08 as amended to reflect a sentence structure change regarding the grandfathered status of Mr. Edwards business, 2nd David Kestner. Motion carried with all in favor.
B. Paul Parker motioned to accept the minutes of 10-21-08 as written, 2nd David Kestner. Motion carried with Dave Kestner abstaining.
2. Other Business to Come Before the Board:
A. Charlie King read a letter from Gerry Gibson to the Board in regards to his immediate need to resign from the Board because he is moving out of town. The Board regretfully accepted the resignation, noting that Gerry was a valued member of the Board that will be missed.
B. Charlie K. informed the Board that they received notice of a Gilford Planning Board meeting. Dan said the town received this notice because they are an abutter within 20 miles and that no comment is needed because they are just upgrading some antennas that are not visible from town.
David Kestner motioned to recess until 6:30pm, 2nd Paula Proulx. Motion carried with all in favor.
Public Hearing at 6:30 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. He further stated that he received an email from the applicant after the request for a continuation that they have since secured parking agreements; so they should be ready for the December meeting. Paul Parker motioned to continue the application for Stamatia Minimas Tax Map U05, Lot #182 to 12-02-08, 2nd David Kestner. Motion carried with all in favor.
New Cases:
o Public Hearing for Layout of Roadway By: The Town of Farmington for (Tax Map R-32, Lot 22-8-1) Establishment of Right-Of-Way at Sarah Greenfield Business Park; request for Planning Board to report to Board of Selectmen. Property is located on Sarah Greenfield Way in the (IB) Industrial Business Zoning District.
Dan explained to the Board that since this is a governmental use of governmental property it does not require planning board approval In accordance with state law the Board of Selectmen are requesting comments from the Planning Board in advance of the signing of the plat. Dan reviewed the plans. Charlie K. asked what the width of the right-of-way is and Dan said 50 feet. Charlie K. asked if it is sufficient for underground utilities and Dan replied yes. Charlie K. asked if the angle on one side is less than 90 degrees and if it will be a problem. Dan explained that when and if the road is constructed there would be a "T" intersection there. Dan noted that at this time there are no plans to construct the road.
Paul noted that the locus map on the top corner of the plan is incorrect. Chris Berry of Berry Surveying and Engineering, said the locus can be changed and that it is not a big issue. Paul then asked if the location of the Right-of-Way provides the appropriate frontage on both abutting lots. Dan said it doesn't apply because they are municipality owned and Paul responded that he does not feel the town should create non-conforming lots. Dan replied that the lots are already non-conforming as the Industrial Business District requires 4-acre lots.
Dave questioned if the Board is going to require sidewalks in this development and Dan said that it has not been discussed yet. Dave said that maybe the town should allow for a sixty-foot wide Right-of-Way and adjust the radius to prepare for the possibility of sidewalks and to assist tractor trailer traffic. Paula asked how wide the sidewalk requirement is and Dan said six feet on both sides of the road.
Charlie K. questioned why some type of turn around is not provided and what the allowance for continuation of the road would be. Dan said this plan is not for the construction of a road but to set aside land for a right-of-way and the potential to construct a road to access the back lots and if and when the road is constructed a hammerhead could be installed within the Right-of-Way.
Charlie King motioned to comment to the Board of Selectmen that they may want to look at the left-turn motions of tractor trailer trucks turning onto the Right-of-Way from Sarah Greenfield Way, possibly establishing an access easement over a part of lot 22-5 to accommodate better roadway design and turning issues, and possibly re-drawing the Right-of-Way to create a 90-degree intersection, 2nd Dave Kestner. Motion carried with all in favor.
o Application for Minor Site Plan Approval By: Peter Kelly (Tax Map U-6, Lot 20) To locate an insurance office in the existing structure. No new construction is proposed; Property is located at 415 Main Street in the (VC) Village Center Zoning District.
Madalyn Chabot of Kodiak Group, LLC, explained that their client Peter Kelly would like to locate an All-State insurance agency at this location and that there is no proposed new construction. Dan commented that the business would require a Certificate of Occupancy and should include conditions for inspections by Dennis and the Fire Chief. Paul noted that a simple map of the location and abutters would have been very helpful. Charlie K. noted that typically a narrative with the hours of operations and an explanation of the business is provided. Peter Kelly said that he gave a narrative to the Code Enforcement Officer and it stated that his business will be a subsidiary of All-State with hours of operation being Monday through Friday 8:30am to 5pm, with Thursday extended hours until 7pm and
Saturdays by appointment, the narrative further stated that he has a sign from corporate All-State and is waiting for approval from the town. The sign is a double-sided, light colored wooden sign that says Peter Kelly, All-State Agency and his phone number.
The Planning Board was concerned that waivers were requested on all items of the application. Paula questioned why the planning office did not require all this information and Dan said he did inform the applicant of all the requirements but they did not want to expend the funds to complete them. Dan informed the applicant that they could request waivers but it would be up to the Board to accept them or not. Charlie K. said that with the pending proposed changes to the site plan regulations this type of business change without construction will come under staff review, so therefore he feels comfortable with the application. Many other Board members cited an earlier application that was required to come back before the Board because they were missing these same items. Dan noted that the
difference between this application and that one, is that there is not a change of use.
Charlie King motioned to grant the request for waivers as requested, 2nd Charlie Doke. Discussion followed in which Paul asked what waivers the Board are granting with this motion. Dan said the waivers would be from Section 18 and 19 of the Site Plan Regulations and the items within them. Charlie King amended his motion to note the waivers are from Section 18 and 19 of the Site Plan Regulations, Charlie Doke accepted this amendment. Discussion continued on the motion. Cindy stated that she does not feel it is fair and consistent with what the Board put a previous applicant through and that Dan made this applicant aware of the requirements. Charlie K. replied that the Board has prepared a change to this requirement to go before the voters at Town Meeting in
which this type of application will only require staff review and that if it was posted it would be in effect now. Dave agreed with Cindy. Paul noted that he originally agreed with Cindy but because there is not a change of use he no longer has an issue. Dan asked the applicant if Kodiak Group is maintaining ownership of the building. Ms. Chabot replied yes, Peter Kelly will be renting the space. Dan questioned if Cindy feels she has a conflict of interest with this application because she owns a real estate business in the VC. Cindy replied that she does not see a conflict because she feels an insurance agency would be a benefit to the town. Motion carried with Cindy Snowdon and Dave Kestner opposed.
The Board held a discussion on whether or not there is sufficient parking available. Dan stated that there are 47 available spaces in the Municipal lot and that they are for VC businesses and their patrons. Paul Parker motioned that the planning board find there is sufficient parking available between the on-street and municipal parking lot, 2nd Paula Proulx. Motion carried with all in favor.
Paul Parker motioned to accept the application by Peter Kelly (Tax Map U-6, Lot 20) as substantially complete, 2nd Paula Proulx. Motion carried.
Charlie King motioned to approve the application for a minor site plan by Peter Kelly (Tax Map U-6, Lot 20) with conditions, 2nd Paul Parker. Motion carried with Dave Kestner and Cindy Snowdon opposed.
Charlie King motioned for a five minute recess, 2nd Dave Kestner. Motion carried at 7:45 pm.
Meeting reconvened at 7:50pm.
Conceptual Discussion Only of a Major Subdivision By: Gail Ellis (Tax Map R22, Lots 7 and 10) for future construction of residential lots and supporting roadway and infrastructure improvements; Property is located on Ten Rod Road and Poor Farm Road, located in the (AR) Agricultural Residential Zoning District.
Chris Berry of Berry Surveying & Engineering reminded the Board that they previously approved the frontage lots on Poor Farm and Ten Road Roads and that tonight is for conceptual discussion only because he plans to come back before the board next month with a full set of plans. He stated that the application will consider three minor wetland crossings, which will have been submitted to the state by next month, and he will have a completed traffic study that includes how this development will effect key intersections and the surrounding infrastructure. Mr. Berry further explained that they are still proposing a through road but have modified the design, in that they are only proposing 29 lots (four have already been approved). Each of the said lots has the required amount of frontage, uplands and lot
size and they have removed the open space area to increase the lot sizes per the Board's recommendation. He then stated that in an effort to control the speed of traffic trying to cut the corner of the two public roads they are proposing a T-stop within the development. Lastly, Mr. Berry stated that the applicant has requested tonight's conceptual discussion with public posting and abutter notification so that they can hear any concerns before making their final plans. He stated that he is specifically looking for comments regarding the cross-section of the roadway, the cistern and the geometric design.
Charlie K. asked what type of comments Mr. Berry is looking for regarding the cross-section of the roadway. Mr. Berry replied that in looking at the requirements he noticed that the Board would require sidewalks within the development and is not sure how strict that requirement would be. He questioned whether or not the Board would require curbing or not because it would effect whether the development would have an open or closed drainage system.
Paul commented that in regards to the geometric design he still has some concerns on some of the lots having 50-60% wetlands on them. And in regards to the cross-section of the roadway he assumes an open drainage system would be more efficient. Mr. Berry replied that an open drainage system would certainly have the least amount of disturbance. Paul continued that he feels the cistern size and location would be a better question for the fire department. Mr. Berry stated that it is his understanding that there is no cistern ordinance but is just looking for a collective opinion from this board as to the best location. He added that a cistern could be centrally located within the development with the association or developer being responsible for it's maintenance or it could be located at one of
the entrances so the town can maintain and own it. Charlie K. asked how the town is dealing with this now and Dan said that the fire department is currently drafting a regulation but a previous application had the developer filling the cistern originally with the association maintaining it and the Fire Department filling it back up if it needed to be used outside of the development.
Dave agreed with Paul in that some of the lots are not workable because of wetland issues and asked if the applicant has any idea if DES is going to require box culverts for the wetland crossings. Mr. Berry replied that he is not sure yet but it would be logical. Dave replied that this area would be prime for box culverts. He then said that in regards to the cistern the fire chief will probably require a 20,000 gallon cistern and maybe they might want to consider installing two 10,000 gallon cisterns with one at each entrance. Dave then asked if the applicant has any plans for accell or decell lanes on the town roads leading to the development. Mr. Berry replied that this would be looked at during the traffic analysis but early analysis would point to yes. Lastly, Dave commented that
there is one parcel in the lower back corner that will be transferred to Ellis and questioned what the plan is for that land. Mr. Berry explained that the applicant plans to do a lot line adjustment to attach this piece to her current land to use as a buffer. Dave suggested removing the circle in the road at this point and installing a "T" or shared driveway then.
Charlie K. noted that he would be looking for recommendations from the town staff regarding the cistern but that he would be more amendable to it being located on Poor Farm Road. Charlie asked what the maximum of slope of the roadway is projected to be and Mr. Berry explained that the average maximum slope is guessed to be at about 5%. Charlie noted that he would prefer open drainage within the development but cautioned the applicant to address the drainage on the slopes carefully. He then stated that it appears some of the lots have more than 250 feet of frontage and Mr. Berry replied that this was correct. Charlie said that he could pick out at least five lots that are not readily useable because of impending wetland issues. He also stated that he is concerned with the visibility of the
entrances/exits and that he hopes the applicant will take the maximum approach when considering the lower two wetland crossings. Mr. Berry responded that he would provide site distance calculations as part of the traffic study.
Cindy stated that she is concerned with how some of the lots are going to work with the amount of wetlands on them. Charlie D. commented that he agrees with the comments made by the other board members. Paula noted that these plans are a definite improvement and also agrees with the points made by board members tonight.
Charlie K. opened the discussion up to the public. John Borg, abutter, stated that he is concerned about accel and deccel lanes being constructed on Poor Farm Road because it is a scenic road and the stone walls should not be disturbed. He also questioned if the development is required to follow the setback requirements along a scenic road. Charlie K. explained that the applicant would have to follow any requirements in place. Mr. Borg questioned if there is a drainage plan in the works that will address the salting of the amount of driveways being proposed. Charlie K. stated that this will be addressed in the site plan. Lastly, Mr. Borg asked how many trips the traffic analysis is based on and Mr. Berry explained that they base the study on ten trips per day per house.
Randy Toussaint, abutter, stated he is concerned that development on this lot is going to cause drainage issues on his dry lot and questioned if some type of buffer can be installed to limit the noise to his home from the additional traffic. Charlie K. commented that the updated plan has the right-of-way relocated adjacent to the boundary line which is going to make the noise impact to Mr. Toussaint higher. Mr. Berry replied that he will certainly look at moving it back some to leave room for a buffer.
Carol Borg, abutter, asked for an explanation of how that lots are identified and Mr. Berry explained them to her. She then questioned what a cistern would look like and the Board informed her. Gail Ellis commented that she might consider sprinkler systems and Charlie K. stated that if the she plans to propose sprinkler systems, she will want to make sure the water pressure and flow are sufficient. Ms. Borg noted that she did not see any areas marked out for cisterns and Charlie K. explained that they would be shown in an easement. Ms. Borg then asked if the intention is to have two driveways and a right-of-way on Poor Farm Road and Mr. Berry said no, explaining that the two homes in question would utilize the right-of-way. She then questioned if the two homes on Ten Rod Road would have
individual driveways and Mr. Berry said yes. Ms. Borg cautioned that visibility might be an issue in that area.
At 9:00pm, Paul Parker motioned for a 15 minute extension to the meeting, 2nd Dave Kestner. Motion carried with all in favor.
The Board came to the conclusion that they will require sidewalks in some form within the development and that they would be amendable to an open drainage system. David informed the applicant that the sidewalk requirement is for pavement five feet wide and that compacted gravel is not recommended. Dan asked the Board if they would be amendable to accept a waiver for curbing with open drainage and the Board was in agreement that they would be. Dave stated that he is concerned with lots 7-10, 7-14, 7-16, 7-7, 7-9, and 7-11 because of placement of property lines, wetlands and some issues with being able to access the back of the lots. He also wondered how lot 7-16 will be able to construct a home between two wetlands. Charlie K. cautioned the applicant in that he would not approve any lots that
have an impending reasonable expected wetland issues due to the configuration of the land.
Cindy Snowdon motioned to adjourn, 2nd Charlie Doke. Motion carried with all in favor.
Meeting adjourned at 9:23pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
Charlie King, Chairman
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