TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday, December 2, 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
Public Present: John Berry
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 11-05-08 as amended, 2nd Dave Kestner. Motion carried with all in favor.
B. Paul Parker motioned to accept the minutes of 11-18-08 as written, 2nd Dave Kestner. Motion carried with all in favor.
2. Set 2009 Planning Board Meetings Schedule:
Paul Parker motioned to accept the proposed draft Planning Board public hearing and workshop schedule for 2009, 2nd Charlie Doke. Motion carried with all in favor.
3. Discussion on Route 11 Re-Zoning:
Paul Parker motioned to table the discussion of the Rte. 11 re-zoning until after the public hearing, 2nd Dave Kestner. Motion carried with all in favor.
David Kestner motioned to recess until 6:30pm, 2nd Paul Parker. Motion carried with all in favor.
Public Hearing at 6:30 PM
Continued Cases:
o REQUEST TO CONITUE TO JANUARY REGULAR MEETING (1-6-09) - 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 the applicant’s structural engineer feels there may be some issues with the building. The applicant would like to meet with the town-contracted engineer because her engineer says the building may need to be torn down and rebuilt. Charlie K. asked who the town engineer is and Dan replied FST. The Board discussed the fact that they do not typically like to continue applications this long but because Mrs. Miminas has made strides forward and has stayed in contact with town personnel they feel inclined to do so. Paul Parker motioned to continue the application for Stamatia Miminas Tax Map U05, Lot #182 to 1-06-09, 2nd Dave Kestner. Motion carried with
all in favor.
· REQUEST TO CONTINUE TO JANUARY REGULAR MEETING (1-6-09) – Continuation of Application for Minor Site Plan Approval By: Steve Edwards (Tax Map R49, Lot #3) To construct an 8’x44’ addition to the existing store structure: Property is located in the Industrial Business (IB) Zoning District.
Dan informed the Board that his department received a written request for continuation by the applicant so that he could attend a ZBA meeting. Paul Parker motioned to continue the application for a minor site plan by Steve Edwards (Tax map R49, Lot #3) to 1-6-09, 2nd Dave Kestner. Motion carried with all in favor.
New Cases:
· Conceptual Discussion Only – Proposed 2-lot Subdivision on a Class VI Roadway – Michael A. Stewart – (Tax Map R-4, Lot 10), Parcel is located along Places Cross Road, located in the Agricultural Residential (AR) and Industrial Business (IB) Zoning Districts.
Charlie K. recused himself from the application and Paul Parker was seated as Chair.
Dan informed the Board that Places Cross Road is not a Class VI roadway but a private road. John Berry of Berry Surveying and Engineering, explained that Mr. Stewart owns lot 10 and his plan is to subdivide a 3-acre lot out for his brother to construct a home on and live in. He further explained that Mr. Stewart maintains the road from Rte. 11 to his property. Paul asked Mr. Berry to describe the condition of the roadway. Mr. Berry said the road is a drivable, non-maintained road that is not grown up but certainly needs to be widened and have ditches installed. Dan explained that he asked legal if a subdivision is allowed on a private road and the response was yes as long as all other town requirements were made in accordance with Section 3.10 of the zoning ordinances.
Dave cited section 4.22 of the subdivision regulations and noted that the application does not meet the required frontage on a 50-foot Right of Way. Dave noted that he feels the Board would “be treading on thin ice” in granting this subdivision on a 16’ right of way. He also noted that under Section 1.02 this application would be considered a safety issue because it is scattered and premature. The Board agreed with these comments. Mr. Berry asked if the 50’ Right of Way could be built and a minimum road width of 16’ with 2’ shoulders on both sides could be established, would the subdivision be made possible. Dave replied that if the applicant chooses to build a paved road with the required easements and up to town standards it would definitely be an option.
Dave Kestner motioned for a five-minute recess, 2nd Paula Proulx. Motion carried with all in favor.
Discussion on Rte. 11 Re-Zoning:
Dan presented the Board with a proposed map with the suggested zoning changes. Charlie K. noted that he thought the parcel known as the Collins & Aikman site was going to be in the Commercial Business Industrial Business Overlay (C/IBO) District. After a short discussion the Board decided to leave the said property in the IB. The Sarah Greenfield Business Park (SGBP) was then discussed and the Board decided not to change the zoning because of the covenants that govern the park. Charlie K. then asked if the C/IBO should be extended onto the two lots between the SGBP and Rte. 11. Dave noted that the Board could easily pick out such sites but it would make more sense to stay with the 1000’ of Rte. 11 so it won’t be contentious.
Paul questioned if the west side of Rte. 11 closest to New Durham, should be in the overlay. After much discussion, Paul Parker motioned to change the draft rezoning map to have the west side of Rte. 11 from Ridge Road to the town line to C/IBO and to accept the amended map, 2nd Charlie Doke. Motion carried with all in favor.
Table of Permitted Uses Review:
Dan provided the Board with a revised Table of permitted Uses and explained that in the overlay district the Code Enforcement Officer will determine the primary use of applications and which district regulations to take precedence would be defined by what type of use would be on the lot. The Table of Permitted Uses was discussed at length and amended.
1. I.A.- Non-commercial keeping of animals – keep as permitted in the IB
2. I.A - sale of agricultural products raised on the premises – keep as permitted (P) in the IB
3. I.A.- logging not impacting more than 50% of Basal Area within a ten-year period – permitted with review (PR) in the CB and IB
4. I.A. - logging impacting more than 50% Basal Area within a ten-year period – (PR) in the CB and IB
5. I.A. - dog training facility – change to special exception (SE) in the CB
6. I.A - dog kennels – change to (SE) in CB
7. II.A. – multifamily dwellings above the ground floor of mixed-use developments – leave as prohibited
8. II.B. – home occupations – change IB to (PR)
Paul Parker motioned to extend the meeting for 45 minutes, 2nd Cindy Snowdon. Motion carried with all in favor.
9. II.C. – renting of rooms and furnishing board – change to (PR) in CB
10. II.C. – accessory apartments – change to (PR) in CB
11. II.C. – child day care family – change to (PR) in CB and IB
12. III.A. – daycare centers or nursery schools with less than 12 children – change to (PR) in IB
13. III.A. – daycare centers or nursery schools with 12 or more children – leave as (SE) in IB
14. III.A. – adult day care – out of home – leave as (SE) in IB
15. III.A. – churches, including accessory residential uses – leave as (SE) in CB and IB
16. III.A. – clubs and lodges – change to (PR) in CB
17. III.A. – museums – change to (SE) in IB
18. III.A. – cemeteries – change to (SE) in IB and CB
19. IV.A. – golf courses – change to (SE) in CB
20. IV.A. – parks and outdoor recreation – changed to (SE) in IB
21. V.A. – public utilities facilities – no changes
22. V.A. – wind generators – no changes
23. VI.A. – fully enclosed eating place – no changes
24. VI.A. – financial institutions – change to (PR) in CB and IB
25. VI.A. – financial institutions with a drive-through – changed to (PR) in IB
26. VI.A. – grocery store – change to prohibited in IB
Paul Parker motioned to extend the meeting until 10pm, 2nd Charlie King. Motion carried with all in favor and followed by a short break.
27. VI.A. – research and development facility – change to (SE) in CB
28. VI.A. – laboratories – change to (SE) in CB
29. VI.A. – hotels and motels – change to prohibited in IB
30. VI.A. – bed and breakfasts – (PR) in CB and prohibited in IB
Charlie King motioned to extend the meeting until 10:15pm, 2nd Cindy Snowdon. Motion carried.
31. VI.A. – retail sale of gasoline – change to (SE) in IB
32. VI.A. – excavating contractors – change to (SE) in CB and (PR) in IB
33. VI.A. – mineral exploration – change to (PR) in CB and IB
Cindy Snowdon motioned to adjourn, 2nd Dave Kestner. Motion carried with all in favor.
Meeting adjourned at 10:12pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
Charlie King, Chairman
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