TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – January 20, 2009
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Paul Parker, Charlie Doke, David Kestner and Cindy Snowdon
Selectman’s Rep: Paula Proulx
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: John Therriault, John Nolan and Marc Guilmette.
Chairman Charlie King called the meeting to order at 6:06 pm.
Business Before the Board
4. Review and Recommendation to Board of Selectmen for Road Acceptance – Cherub Drive and Holly Lane.
Mr. Therriault explained that he asked the Board of Selectmen to favorably forward his road acceptance petition to the voters and was asked to come to this meeting for a recommendation. He stated that he would like to request a waiver on the first requirement of a $500 bond for each road being petitioned because the residents of the roads have no assembled association. Mr. Therriault informed the Board that since Mr. Rizzo (the developer) got his bond back he has not been maintaining their roads like he is suppose to. He said he went to the town administrator and asked for the town’s help with plowing during the first big storm so they could get organized but was told it was not a good idea. The residents now have a private gentleman
plowing their roads.
Mr. Therriault then explained that the second requirement of the road acceptance policy is for all supporting documents and the Planning Board already has these items because they hired an engineer to oversee the construction. The third requirement is for a signature list of all owners and he would like this waived since a betterment assessment will not be needed. Mr. Therriault mentioned that he has all but two of the signatures on the petition and is hoping to have them this week. The final requirement is for an inspection report on the road and the planning board has this document as well. Charlie King summarized the letter from the engineering group that stated the roads were built satisfactorily.
Cindy Snowdon asked who owns the road now and Mr. Therriault explained that Mr. Rizzo owns the road because he is the only person listed on the “so-called homeowner’s association record.” Cindy then asked if the town can take over the road without Mr. Rizzo’s permission. Dan said the Board of Selectmen would need a written conveyance from Mr. Rizzo that he would be amendable to the town taking over the road before town meeting and that legal review would be needed.
Charlie King stated that it is his opinion that all standards and requirements for the development set forth by the planning board have been met. Dave stated that he realizes the residents do not have an established homeowner’s association but that he feels at least $500 needs to be collected to cover the legal and recording fees for if and when the town takes over the road.
Paul Parker motioned to forward a letter to the Board of Selectmen that with a favorable report from the DPW director, the Planning Board would recommend consideration of acceptance of Holly Lane and Cherub Drive, 2nd Charlie Doke. Discussion followed in which Dave said he didn’t feel all the specifications of the acceptance policy have been met because the bond hasn’t been provided. Paul replied that the conditions of the policy are for the Board of Selectmen to consider and the Planning Board’s responsibility is to make recommendations on the conditions of the development. Motion carried – Paul Parker (yes), Charlie King (yes), Charlie Doke (yes), Paula Proulx (recused
because a Selectmen), Cindy Snowdon (recused because part of a private development) and Dave Kestner (no).
Dave stated he voted no because the policy requirements have not been met. Dan stated that the policy is for the Selectmen and the Planning Board just need to recommend the road as complete or not. Dave Kestner asked for a reconsideration of the vote now that he has more information. Charlie King motioned to reconsider the vote on the recommendation letter to the Selectmen regarding the road acceptance, 2nd Paul Parker. Motion carried with Paula Proulx and Cindy Snowdon recusing themselves.
Paul Parker motioned to forward a letter to the Board of Selectmen that with a favorable report from the DPW director, the Planning Board would recommend consideration of acceptance of Holly Lane and Cherub Drive, 2nd Charlie Doke. Motion carried – Paul Parker (yes), Charlie King (yes), Charlie Doke (yes), Paula Proulx (recused because a Selectmen), Cindy Snowdon (recused because part of a private development) and Dave Kestner (yes).
Charlie King motioned for a short recess, 2nd Dave Kestner. Motion carried with all in favor. Cindy Snowdon left the meeting at 7:18pm.
Public Hearing
New Cases:
- Public Hearing for Planning Board Recommendation to amend the “Site Plan Authority” Section 1.02 (D) of the Farmington Zoning Ordinance.
Dan explained that the purpose of this amendment is to establish thresholds for projects to go to the Site Plan Review Committee versus the Planning Board which will allow for small impact applications to go through the review process quicker with the required notifications. Paul Parker motioned to approve and forward the amended “Site Plan Authority” Section 1.02(D) of the Farmington Zoning Ordinance to the town warrant, 2nd Charlie Doke. Discussion followed in which Charlie King asked if the public hearing should be continued to February 3, 2009 in case any grammatical errors are found. Paul Parker amended his motion to continue the public hearing to February 3, 2009, Charlie Doke accepted the amendment. Motion carried with
all in favor.
- Public Hearing for Planning Board recommendation to amend the “Definitions” Section of the Farmington Zoning Ordinance.
The Board agreed the definitions looked good. Charlie King motioned to continue the public hearing for Planning Board Recommendation to amend the “Site Plan Authority” Section 1.02 (D) of the Farmington Zoning Ordinance to February 3, 2009, 2nd Paul Parker. Motion carried with all in favor.
- Public Hearing for Planning Board recommendation to add Section 1.02(D)(3) to the “Site Plan Authority” Section 1.02(D) of the Farmington Zoning Ordinance.
This change would introduce the use of Business Use Certificates to verify the zoning as compliant with the district and would be applied for at the same time as, and as a part of, the Site Plan Review permit. No changes were needed. Charlie King motioned to continue the Public Hearing for Planning Board recommendation to add Section 1.02(D)(3) to the “Site Plan Authority” Section 1.02(D) of the Farmington Zoning Ordinance to February 3, 2009, 2nd Paul Parker. Motion carried with all in favor.
- Public Hearing for Planning Board Recommendation to amend the “Commercial Center (CC), “Office-Research Business (ORB)” and “Industrial Business (IB)” Sections of the Farmington Zoning Ordinance to eliminate the ORB District and combine the uses of the ORB and CC Districts into a new Commercial Business (CB) District; and to amend the official Zoning Map, Table of Permitted Uses and Base Zoning Districts as indicated.
Dan reviewed the changes to the zoning map of Rte. 11 and the Table of Permitted Uses respectively. Dave pointed out that there was a “t” missing on the map in “watershed protection.” Paul Parker motioned to continue the Public Hearing for Planning Board Recommendation to amend the “Commercial Center (CC), “Office-Research Business (ORB)” and “Industrial Business (IB)” Sections of the Farmington Zoning Ordinance to eliminate the ORB District and combine the uses of the ORB and CC Districts into a new Commercial Business (CB) District; and to amend the official Zoning Map, Table of Permitted Uses and Base Zoning Districts as amended to February 3, 2009, 2nd Charlie King. Motion carried with all in favor.
- Public Hearing for Planning Board recommendation to amend Section 3.01 “Relationship of Buildings to Lots” of the Farmington Zoning Ordinance.
Dan explained that this amendment will allow increased development on a lot by allowing more than one principal structure on a lot. Dave asked if it should include the C/IBO under #2 and sub-section #3. The Board agreed this would be a good idea. Paul Parker motioned to continue the Public Hearing for Planning Board recommendation to amend Section 3.01 “Relationship of Buildings to Lots” of the Farmington Zoning Ordinance as amended to February 3, 2009, 2nd Charlie King. Motion carried with all in favor.
- Public Hearing for Planning Board Recommendation to add a new Section 3.20 “Access Management Ordinance” to the Farmington Zoning Ordinance.
Dan explained that this applies to lots that have frontage/access on Rte. 11 to allow planned development along Rte. 11 for traffic and safety concerns with shared access and parking lots. This section will only apply to new construction. Dave asked if any of the members recall discussing reducing the traffic impact from 500 trips per day. Paula noted that under the hazardous impact definition 250 trips per day are hazardous so maybe the access management should have a trigger of 250 trips per day. Paul stated he would leave the section as written because any deviation from an ordinance would require ZBA approval and the planning board can always require a higher standard. Charlie King motioned to continue the Public Hearing for Planning Board Recommendation to add a new Section 3.20 “Access Management Ordinance” to the Farmington Zoning Ordinance to February 3, 2009 as written, 2nd Paul Parker. Motion carried with all in favor.
- Public Hearing for Planning Board Recommendation to amend Appendix #1 “Landscape” and move to Section 3.21 of the Farmington Zoning Ordinance.
Charlie explained there is not a change in the level of restriction it is just moving it out of the appendix. Paul noted the C/IBO needs to be added like it was earlier, the Board agreed. Paul Parker motioned to continue the Public Hearing for Planning Board Recommendation to amend Appendix #1 “Landscape” and move to Section 3.21 of the Farmington Zoning Ordinance as amended to February 3, 2009, 2nd Charlie King. Motion carried with all in favor.
- Public Hearing for Planning Board Recommendation to move Appendix #2 “Impact Fees” to Section 3.23 of the Farmington Zoning Ordinance.
Charlie King explained that this also does not change the requirement; it just moves the ordinance out of the appendix. Charlie King motioned to continue the Public Hearing for Planning Board Recommendation to move Appendix #2 “Impact Fees” to Section 3.23 of the Farmington Zoning Ordinance as written to February 3, 2009, 2nd Paul Parker. Motion carried with all in favor.
- Public Hearing for Planning Board Recommendation to amend Section 3.04 “Development of Rear Lots” of the Farmington Zoning Ordinance.
Dan explained that this is a small change to add a note under sub-section #1 as to when the ordinance was adopted. After checking with Caththy Seaver, Town Clerk, the date was determined to be 3.13.01. Charlie K. then stated that he believes the adoption date is incorrect because it was amended. Charlie King motioned for a short recess so the date could be researched, 2nd Paul Parker. Motion carried with all in favor.
Meeting reconvened at 8:34pm.
Dan informed the Board that upon further research the ordinance was amended on 3/14/06, so he will update the proposed amendment. Charlie King motioned to continue the Public Hearing for Planning Board Recommendation to amend Section 3.04 “Development of Rear Lots” of the Farmington Zoning Ordinance with the amended date to February 3, 2009, 2nd Charlie Doke. Motion carried with all in favor.
All proposed amendments are available for public review online and in the planning development office.
Dave Kestner motioned to adjourn, 2nd Charlie Doke. Motion carried with all in favor.
Meeting adjourned at 8:47pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
Charlie King, Chairman
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