TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
TUESDAY – December 16, 2008
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Paul Parker, Charlie Doke and Cindy Snowdon
Members Absent: David Kestner
Selectman’s Rep: Paula Proulx
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Chairman Charlie King called the meeting to order at 6:17 pm.
Business Before the Board
1. The Board reviewed the public hearing for warrants schedule and deadlines.
Public Hearing
1. Discussion of Rte. 11 Re-Zoning:
a. Dan informed the Board that he will post the changes with the definitions on the town website and have copies available for the public in his office when he advertises for them for Town Meeting. It was noted that it was voted at the previous meeting to extend the C/IBO to the New Durham town line and Dan said he would make the correction.
b. Section 3.04 (b) – Development of Rear Lots: Paul commented that he thought the adoption date mentioned in the section was still being discussed. Dan replied that the requirement cannot be retroactive, so therefore it the date has to be 3/10/09. Paul commented that he would like it clarified as to when the original ordinance was adopted. Paul Parker motioned to leave #1 and #2 in Section 3.04 (b) as originally stated and add the date of adoption in parentheses, 2nd Charlie King. Motion carried with all in favor.
c. Section 3.01 – Relationship of Buildings to Lots: Paul brought up his previous argument that he does not agree with having a CB and IB on the same lot. The Board discussed that this argument was previously discussed at the previous meeting and voted on. Charlie King motioned to approve this draft, 2nd Cindy Snowdon. Motion carried with Paul Parker opposed.
d. Section 1.14 – Definitions - Words and Phrases Not Defined, Principal Structure and Principal Use: Paul Parker motioned to accept the proposed changes and additions as drafted and presented, 2nd Cindy Snowdon. Motion carried with all in favor.
e. Section 1.14 – Definitions – Hazardous Impact: It was noted that the vehicle trips per day was suppose to be 250 not 500. Dan informed the Board that town counsel suggested striking the word “excessive.” A lengthy discussion was held on the appropriate wording of this section and counsel’s opinion. Paul Parker motioned to accept the draft as amended, 2nd Cindy Snowdon. Motion carried with all in favor.
f. Section 3.21 – Landscaping: Dan explained that he brought this forward because it was in the appendix and often overlooked. Paul Parker motioned to accept the draft changes as written, 2nd Cindy Snowdon. Motion carried with all in favor.
g. Section 3.23 – Impact Fees: Dan explained that he also moved this section from the appendix for the same reason. Charlie K. asked if this would change its weight in the ordinance and Dan replied the applicability is the same, this change just makes it more noticeable. Charlie King motioned to accept as proposed, 2nd Paul Parker. Motion carried with all in favor.
h. Section 1.02 (d) and Section 1.02 (d)(3): Dan explained that he received an email from town counsel regarding some concerns he had with the business permits. Charlie K. noted that he is concerned Dan received an original “yes” from town counsel and then a secondary “no”, noting this seems to be a repetitive issue. Paul Parker motioned to table these two sections to the January 6th meeting, 2nd Paula Proulx. Motion carried with all in favor.
2. Discussion of Items to be Posted for Public Hearing for 2009 Town Meeting:
a. Draft Access Management 3.20 – Paul stated that he thought the Board agreed to remove multi-family and nodal development from this section. Dan said he missed the 2nd “nodal development” and would correct it. Charlie K. noted there is existing multi-family on Rte.11 so he believes this should stay in there. Charlie King motioned to accept as amended, 2nd Paul Parker. Motion carried with all in favor.
b. Section 2.07 and 2.08 – It was noted that the street frontage bonus in 2.08 under (e) needs to be adjusted to be the same as 2.07 (d). Paul Parker motioned to accept 2.07 as written and 2.08 as amended, 2nd Paula Proulx. Motion carried with all in favor.
c. Section 2.0- Base Zoning District – The Board agreed this looked good.
Charlie King motioned for a short recess, 2nd Cindy Snowdon. Motion carried with all in favor.
d. Table of Permitted Uses – The Board agreed this looked good.
3. Discussion of Steep Slopes Zoning Ordinance Amendment:
Dan reminded the Board that these proposed changes were triggered because there were no thresholds to trigger steep slopes and that the proposed changes were based on studies completed by SRPC. He further explained that this ordinance is intended to be used with best management practices. Charlie K. commented that he feels section 2 (a) is in conflict with (b) and (c) because someone could potentially meet all three. Dan said that is a correct assumption because the items are not inclusive. Charlie K. replied that maybe a maximum amount of disturbance should be set because he is concerned this is incentivising steep slope disturbance for residential uses. Cindy asked if the Board can get a copy of SRPC studies. Charlie K. said the Board could potentially work this section out for town
meeting but it needs to be addressed in its entirety. Paul Parker motioned to table the discussion until next year when the board has ample time to review and investigate, 2nd Charlie Doke. Motion carried with Cindy Snowdon opposed.
4. Discussion of Draft Small Wind Energy Systems Ordinance:
Dan informed the Board that this Ordinance is essentially what OEP sent out. Charlie K. asked if there is a threshold on the exemptions, questioning if one would have to follow the ordinance if he wanted to install a 4 foot windmill. Dan said there is not a limit and for safety reasons everyone must follow the guidelines. Paula asked if Dan knows if the 150 foot threshold is sufficient wind height for Farmington. Dan replied that wind maps for the area would have to be reviewed and each site would have to be evaluated separately. Dan further explained that state law says that wind energy systems can be up to 150ft. high and can produce up to 55 decibels at the lot line. Paul asked why the fall zones don’t seem to be mentioned and said he believes they are listed as a setback.
Paula noted that she would like to not restrict height actually restrict KW and fall zone requirements.
Paul Parker motioned to continue the meeting until 9:30pm., 2nd Paula Proulx. Motion carried with all in favor.
Charlie K. questioned if the Board cold be less restrictive on smaller systems and/or have a tiered approach based upon wattage and height. He then stated that he doesn’t believe the Board can have a reasonable ordinance ready by 1/6/09. Paul Parker motioned to table the discussion until next year, 2nd Charlie Doke. Motion carried.
5. Other:
a. Charlie King motioned to authorize Dan to do the required posting and notification as discussed for Town Meeting for public hearings, 2nd Paula Proulx. Motion carried with all in favor.
b. Cindy questioned what happened with Paul at the ZBA meeting. Paul explained that he does not plan to sit on any ZBA applications that have any potential to come before the planning board so that there will not be any conflict.
Paul Parker motioned to adjourn, 2nd Charlie Doke. Motion carried with all in favor.
Meeting adjourned at 9:38pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
Charlie King, Chairman
| 
