TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – January 6, 2009
356 Main Street - Farmington, NH
Members Present: Chairman Charlie King, Paul Parker, Charlie Doke and David Kestner
Members Excused: Cindy Snowdon
Selectman’s Rep: Paula Proulx
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Stamatia Miminas, Gus Miminas, Steve Edwards and Rick Lundborn.
Chairman Charlie King called the meeting to order at 6:02 pm.
Business Before the Board
1. Review and Approve Meeting Minutes:
A. Paul Parker motioned to accept the minutes of 12-2-08 as written, 2nd David Kestner. Motion carried.
B. Paul Parker motioned to accept the minutes of 12-16-2008 as written, 2nd Charlie Doke. Motion carried with David Kestner abstaining.
2. Review and Recommendation to Board of Selectmen for Road Acceptance – Cherub Drive and Holly Lane:
Dan informed the Board that he received an email from the applicant asking to be moved to the 1-20-09 meeting because he was unable to attend tonight. Charlie K. asked Dan if he had time to verify the pedestrian walkway. Dan replied that he visited the site with the engineer and though his conclusion was that it was not built according to plan, the engineer signed off on it. Paul asked for Dan to get the road agent’s comments before the January 20 meeting. David asked if there was still a bond for this development and Dan explained that all but $500 of the bond was released and that the $500 was taken by the town to purchase the signage that had not been done. Paul Parker motioned to continue the discussion of the road acceptance
for Cherub Drive and Holly Lane to January 20, 2009, 2nd Paula Proulx. Motion carried with all in favor.
3. Discussion of Route 11 Re-Zoning:
A. Dan informed the Board he received the final comments back from legal and there were some additional recommendations. The Board reviewed Section 1.02(D). Paul stated that he does not agree with legal’s recommendation because it removes the intent the Board had in expediting the process by making applicant’s go to the TRC. Dan explained that the attorney stated the town cannot have a committee of one for review. Charlie K. stated that information from the department heads is usually needed and maybe the TRC could schedule bi-monthly meetings. Paula noted that paid staff would then be tied up. The Board agreed to continue this discussion after the public hearing.
B. Draft Access Management Ordinance Review – Charlie King motioned to accept the final draft of the Access Management Ordinance as written and post it for public hearing, 2nd Paul Parker. Motion carried with all in favor.
Paul Parker moved to table the discussion of the Rte. 11 Re-zoning until after the public hearing, 2nd Charlie Doke. Motion carried with all in favor.
Public Hearing
Continued Cases:
Continuation of Site Plan Review Application from 2-07-2008; 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 ½ bath, kitchen, living room and dining room.
Mrs. Miminas informed the Board that she has written documentation that she will be renting two parking spaces from DeJulio Electric and Charlie K. received that documentation. Dan stated that he is concerned that the document says the lease is renewable each year and therefore a letter needs to be submitted in which it states the lease is in perpetuity with negotiable terms if needed. This is because if the lease was to expire than the right to the spaces could be lost and the condition of approval would not be met.
Mrs. Miminas then explained that her architect stated that the building from the first floor up is not structurally sound and therefore she would like permission to tear down the top two floors and rebuild them. She added that the Fire Chief told her she would not need a fire escape if she had a large enough egress window with a temporary emergency ladder readily available; plus she plans to install a sprinkler system. Dan explained that the town will need a report from the engineer stating that the first floor is strong enough to support the new construction.
Dan informed the applicant she will need a signed letter from the abutter stating she can utilize the access right-of-way for the trash and LP tanks and verification from the Fire Chief that if they build in the right-of-way they will not be hindering the emergency services. Gus Miminas asked if the tanks can be buried in the ground. Dan replied that it may be possible as long as it is signed off by the Fire Chief and Code Enforcement Officer.
Paul commented that the plans need to include which window will be for fire egress. Paul Parker motioned to continue the application by Mrs. Stamatia Miminas (Tax Map U05, Lot #182) until 3/3/09, 2nd David Kestner. Motion carried with all in favor.
At 7:14pm, David Kestner motioned for a short recess, 2nd Charlie Doke. Motion carried with all in favor. The Board reconvened at 7:24pm.
- Continuation of Application for Minor Site Plan Approval By: Steve Edwards (Tax Map R49, Lot #) To construct an 8’ x 44’ addition to the existing store structure; Property located in the Industrial Business (IB) Zoning District.
Rick Lundborn of Norway Plains Associates explained the applicant is proposing reconstruction of an existing structure to create a convenience store with a studio apartment above it. Also, in December the applicant received a special exception for the use of a convenience store by the ZBA. Mr. Lundborn added that Stoney Ridge Environmental drafted a letter stating Mr. Edwards did not infringe on the wetlands, classified the wetlands for the setbacks and made suggestions for stabilizing the slopes. Then Mr. Lundborn stated that most of the utilities are existing on the site and he is applying to NHDOT for an entrance permit but he does not foresee any issues.
Mr. Lundborn requested a waiver for the paving of the parking spaces behind the store because the gravel is there now and the applicant would like to keep it that way. He explained that there is new pavement being proposed on the left side of the building to replace pavement that was washed out in flooding.
Dan reviewed the application deficiencies memo for the Board.
Mr. Lundborn responded that he was not proposing any new changes to the storm water control because it has a nice flow now. Charlie K. asked how they plan to control the sediment run-off. Mr. Lundborn replied that the run-off travels about 100 feet out into the woods before it gets to the river, plus the application is only to increase the building by 8 feet. Charlie K. reminded the applicant that the engineer from Stoney Ridge Consultants stated she was concerned with the run-off into the Class II wetlands. Mr. Lundborn explained that the water has always flowed there but he does not have a problem designing a treatment swale and level spreader. The Board agreed this would be a good idea.
Paul questioned what the traffic impact would be and Mr. Lundborn stated he expects 28-31 peak hour vehicles, but no additional traffic on Rte. 11 and that the applicant is renewing their NHDOT entrance permit.
Charlie K. noted he would be in favor of a waiver from the garbage screening because of the location of the dumpster. The Board was in consensus they would be amenable to the waiver.
Paul commented that he is concerned there are no marked pedestrian ways for public safety and that he would like to see marked crosswalks and/or sidewalks between the two buildings and on the thru way. It was agreed upon that the there would be a painted crosswalk with stop signs on both sides of the thru way and pack lights on each corner of the building. The Board then discussed a pedestrian way from the rear parking spaces to the front of the convenience store. It was decided that a paved apron would be constructed with painted lines and two yellow bollards would be installed at the two corners to satisfy the pedestrian way.
Paul asked how the applicant plans to address the Fire Chief’s concern of the grill. Mr. Lundborn replied that the applicant will not receive the occupancy permit without the Fire Chief’s and Code Enforcement Officer’s approval. Paul asked if the applicant is considering a sprinkler system and Mr. Edward’s replied that the hood for the grill has its own CO2 extinguisher and the building will be up to code.
At 8:27pm, Charlie King motioned for short recess to review the draft NOD, 2nd David Kestner. Motion carried with all in favor. The Board reconvened at 8:37pm.
Paul Parker motioned to accept the applicant’s written waiver request from the paving along the rear portion of the building, 2nd Charlie Doke. Motion carried with all in favor.
Paul Parker motioned to grant the waiver request for dumpster screening, 2nd Charlie Doke. Motion carried with all in favor.
Paul Parker motioned to accept the application by Steve Edwards (Tax MapR49, Lot #3) as substantially complete, 2nd Charlie King. Motion carried with all in favor.
Dan informed the Board and the applicant that the draft NOD has a change to the boiler plate in that the site plans will not be submitted to the Strafford County Registry of Deeds but that the mylar will still be filed at the town hall. Also, within the boiler plate of the NOD the note that lights will be place at all four corners of the building will be installed. Charlie King motioned to approve the minor site plan application by Steve Edwards (Tax Map R49, Lot #3) with the conditions discussed and listed in the NOD, 2nd Paul Parker. Motion carried with all in favor.
New Cases:
Voluntary Merger of Pre-Existing Lots – 509 Chestnut Hill Road (Tax Map R-3. Lot 3 and 3-1) – Paula Kenyon
Dan commented that he has no concerns with the application because it is just making the secondary lot more conforming. Charlie K. asked if the note has to be on the plan that states there is only one dwelling unit on the lot. Dan said no, it was just a matter of information and is not to imply restriction. The Board agreed to make the note on the plan read “the Planning Board recognizes there is only one unit currently existing on lot 3.” Paul Parker motioned to grant the voluntary merger of Tax Map R-3, Lot 3 and 3-1, 2nd Paula Proulx. Motion carried with all in favor.
Re-Visit Rte. 11 Re-zoning:
A. Review of Section 1.03 (D) continued – Paula asked if the town can have a committee of two and Dan said it is not clear, but that it has to be more than one. The RSA also requires proper posting and notification of abutters. A discussion was held on who should be on the committee and it was decided it would be the Director of Planning and Community Development and the Building Inspector and if there was not a unanimous decision on an application it would go to the Planning Board for review. The Board then agreed to re-title the committee as the Site Plan Review Committee. Paul Parker motioned to accept Section 1.02 (D) as amended and post for public hearing, 2nd Charlie King. Motion carried with all in favor.
Paul Parker motioned to extend the meeting until 9:30pm, 2nd David Kestner. Motion carried with all in favor.
B. Review of Section 1.03 (D)(3) – Charlie K. asked if the use is permitted by right will it require a business use certificate and Dan explained that if Dennis says the use is permitted without review the business will not require a certificate. Under section C, legal suggested deleting the last sentence and the Board agreed it would be changed to read that a decision will be made by the Planning Board or the Site Plan Review Committee. In section D, Paul suggested removing the word “grandfathered” and the Board was in agreement to do so. Charlie King motioned to accept the amended version of Section 1.02(D)(3) and post it for public hearing, 2nd Charlie Doke. Motion carried with all in favor.
C. Other – Dan explained the process for the public hearing and the final acceptance of the proposed changes. The Board was under the impression that they could not make substantial changes on 2/3/09 and Dan said he would check with Legal. Dan informed the Board and the public that all the ordinances would be available for review on the town website and in the Planning Department. Paula suggested notifying John Nolan of the Rochester Times of the public hearings to get news coverage. Dan said he would do that. Also, Charlie K. and Dan will work on a public announcement/explanation for TV 26.
Charlie Doke motioned to adjourn, 2nd David Kestner. Motion carried with all in favor.
Meeting adjourned at 9:38pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
Charlie King, Chairman
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