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Planning Minutes 11/18/2008
TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday, November 18, 2008
356 Main Street - Farmington, NH

Members Present:        Chairman Charlie King, David Kestner, Paul Parker, Charlie Doke and Cindy Snowdon

Selectman’s Rep:        Paula Proulx

Staff Present:  Daniel Merhalski, Director of Planning and Community Development

Chairman Charlie King called the meeting to order at 6:11pm.  

1.      Proposed Zoning Amendments: Dan informed the Board that three of the proposed amendments are now at legal awaiting review and recommendation.  He then asked if the Board wanted him to work on drafting a Steep Slope Ordinance or Wind Turbine Ordinance over the next month.  The Board agreed that if Dan had time they would like to review his recommendations for these ordinances at their next workshop meeting.  Charlie added that he would like Dan to look at the thresholds in regards to the Steep Slope Ordinance, and include the state’s model Wind Turbine Ordinance guidelines in the December 2nd meeting packet, if possible.

2.  Other:
        A.  Cindy asked Dan if he received anything from the Fire Chief regarding a Cistern regulation.  Dan responded that he had not but as a Fire Department Regulation, the Planning Board would not deliberate on it and it may just go to the Board of Selectmen for approval.
B.  Paul commented that he recalls an issue on an earlier application with the lots at the intersection of Rte. 153 and Rte. 11 with the water protection overlay and impervious surfaces.  Dan replied that he had intended on reviewing the Overlay Districts but did not have this year with the other ordinances and the rezoning of Route 11 project, and that most likely there was not enough time to review them for 2009 Town Meeting.
C.  Charlie K. stated that he would like to address rear lots on parent parcels because he is concerned that applicants can subdivide a lot and then create rear lots on the newly created lots.  Charlie K. asked if there is a way to hinder development on rear lots and suggested having the regulations state that after 2005 subdivisions can not have rear lots with a parent parcel.  Dan commented that he is not sure it is legal to change this after the fact, that he would have to check with legal.  After much discussion, the Board agreed that Dan should put together draft language for Section 3.04 if he has time for the December 16th meeting.
D.  Dan informed the Board that Steve Edwards did not turn in his materials in time for the November TRC meeting so he will need to make a request to be continued to the January meeting.  He also stated that Mr. Edwards is scheduled for a ZBA meeting in December.

3.  Discussion on Rte. 11 Re-Zoning:
A.      Review of IB and CB changes – Paula asked if the minimum street frontage should be 275 feet like it is in the CB and Dan said yes.  Paul Parker motioned to change the minimum street frontage to 275 feet in the IB, 2nd Paula Proulx.  Discussion followed in which Charlie K. argued that the 275 frontage is good off Rte. 11 because of speed but on the interior roads the speed is lower so the frontage requirement could be lower.  Dave pointed out that there are provisions for this in the Access Management under the shared driveway.  Motion carried with Charlie King opposed and Cindy Snowdon abstaining.

Charlie King motioned to changed Section D in both the CB and IB to read the street frontage can be reduced from 275 feet t 150 feet, 2nd Paula Proulx.  Motion carried with all in favor.  

Paul commented that in Section E. he believes the acronym should be C/IBO.  The Board agreed with this suggestion.  Paul then noted that under Section A it mentions “nodal” and questioned if it should be defined or taken out.  The Board was in consensus to remove “nodal centers” from the section and replace it with “area for.”  David questioned if under Section E. the first sentence could be deleted because it is repetitious.  Charlie K. suggested changing the second sentence of this section to just include the acronym C/IBO instead of the full name.  The Board agreed the sentence flowed better with the acronym and noted that the same change needs to be made in both the IB and the CB.  Paul Parker motioned to accept the draft proposed changes to Section 2.07 and 2.08 of the Farmington Zoning Ordinance, 2nd Paula Proulx.  Motion carried with all in favor.

David Kestner motioned for a five minute recess, 2nd Charlie Doke.  Motion carried at 7:23pm.

Meeting reconvened at 7:32pm.

Charlie K. questioned if the street frontage bonus should be added to the IB as well.  Paul Parker motioned to amend his earlier motion to accept Section 2.07 and Section 2.08 of the Farmington Zoning Ordinance to reflect that the street frontage bonus needs to be added to the IB, 2nd Paula Proulx.  Motion carried with all in favor.

B.  Section 3.01 – Relationship of Building to Lots – Paul noted that the CB and IB are allowing two buildings on the same lot and questioned what is the separation requirement between the two buildings. It was discussed that sufficient distance be between two principal structures and that the distance should be equal to the minimum side and rear setbacks in their respective districts.  Paul asked if there are definitions for principle and accessory structures and Dan replied no but he could draft some.  

Charlie K. questioned why the Board would not allow a commercial and industrial use on the same lot with both being principle uses in the C/IBO.  Dan explained that was not the intention when he write these Sections.  The Board was in agreement that they would like to allow both commercial and industrial principle uses on the same lot in the C/IBO and instructed Dan to make the proposed change.  Cindy suggested increasing the separation between the principle structures in such a case.  Charlie K. added that the requirement could be that the setbacks for both districts have to be met.  The Board, except for Paul Parker, agreed that they would want additional separation between commercial and industrial principal structures on the same lot in the C/IBO.  Charlie King motioned to continue the Route 11 Re-Zoning Discussion to the December 2, 2008 meeting, 2nd Paul Parker.  Motion carried with all in favor.

C.  Section 2.00 – Base Zoning Districts – Paul Parker motioned to approve Section 2.00 as amended, 2nd Paula Proulx.  Motion carried with all in favor.

4. Discussion of the Draft Access Management Ordinance – Section 3.20:
Cindy asked why in L is the requirement not 900 feet.  Dave reminded her that the Board changed it to 1000 feet when discussing the 200 foot frontages with 5 lots on an interior road.  Cindy Snowdon motioned to change the requirement of frontage to 900 feet from 1000 feet in section L of Section 3.20 to make it consistent with the Fire Department’s standard, 2nd Paul Parker.  Motion carried with all in favor.

Paul noted that the residential part in the definition of a major driveway probably should not be included since this ordinance is for Rte. 11.  The Board agreed to take it out.  Paul and Charlie K. said that they would look for the threshold requirements for traffic studies and forward them to Dan.  Paul Parker motioned to accept the final draft of Section 3.20 as to be amended as discussed tonight, 2nd Charlie Doke.  Motion carried with all in favor.

Dan reminded the Board that they would need to address the rezoning map at the next meeting.

David Kestner motioned to adjourn, 2nd Charlie Doke.  Motion carried with all in favor.

Meeting adjourned at 9:07pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary



Charlie King, Chairman