TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – February 3, 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: Randy Orvis, Paul Ramsey and Charlie Karcher
Chairman Charlie King called the meeting to order at 6:03 pm.
Business Before the Board
- Review and approve meeting minutes of 1-6-09 and 1-20-09
- Paul Parker motioned to accept the minutes of 1-6-09 as amended to reflect the addition of the word “public” before safety in the last sentence on page three, 2nd Charlie Doke. Motion carried with Cindy Snowdon abstaining.
- Paul Parker motioned to accept the minutes of 1-20-09 as written, 2nd Dave Kestner. Motion carried with all in favor.
- Dan informed the Board that he received an email from Town Counsel, Walter Mitchell, that recommended the combination of the amendments and minor wording changes to follow the RSAs in the warrants.
Charlie Doke motioned for a short recess until 6:30pm, 2nd Cindy Snowdon. Motion carried with all in favor.
Public Hearing
Continued Cases:
- Public Hearing for Planning Board Recommendation to amend the “Site Plan Authority” Section 1.02 (D) of the Farmington Zoning Ordinance.
- Public Hearing for Planning Board recommendation to amend the “Definitions” Section of the Farmington Zoning Ordinance.
- 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.
- 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 stated that in the Table of Permitted Uses under the PR code description column “or site plan review committee” needs to be added. Charlie King motioned to accept this amendment as proposed by Dan, 2nd Dave Kestner. 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 said that he would suggest amending this by moving subsection #3 to the second to last sentence within the paragraph above it. Paul Parker motioned to accept the amended changes as proposed by Dan, 2nd Dave Kestner. 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.
- Public Hearing for Planning Board Recommendation to amend Appendix #1 “Landscape” and move to Section 3.21 of the Farmington Zoning Ordinance.
- Public Hearing for Planning Board Recommendation to move Appendix #2 “Impact Fees” to Section 3.23 of the Farmington Zoning Ordinance.
- Public Hearing for Planning Board Recommendation to amend Section 3.04 “Development of Rear Lots” of the Farmington Zoning Ordinance.
Paul Parker motioned to combine all the 9 proposed amendments to the Farmington Zoning Ordinance as posted for voting purposes, 2nd Dave Kestner. Motion carried with all in favor.
Paul Parker motioned to forward the 9 amendments to the town meeting as warrant articles, 2nd Charlie King. Motion carried with all in favor.
New Cases:
- Application for 2-Lot Subdivision by: Paul and Nancy Ramsey (Tax Map R-10, Lot 13-1): To subdivide the existing approximately 6.47 acre parcel into two (2) parcels of approximately 3 acres and 3.47 acres; property is located on Sheepboro Road and within the Agricultural Residential (AR) District.
Dave Kestner recused himself from this application because he is an abutter and does business with Mr. Ramsey.
Charlie Karcher, of Norway Plains Associates, explained that the lot with the existing house will be the 3.47 acre lot and is served by a well and septic; the other lot will be 3 acres with a well and septic as well. Charlie K. asked if there is a perennial stream on the lot and Mr. Karcher replied that he presumes it is a perennial stream because he cannot find a name for it on any map. Charlie K. then asked Dan if there is a setback for this and Dan replied there is a 100 ft. setback for Class I wetlands. Mr. Karcher stated that the wetlands were delineated by a sub-contractor. Charlie K. noted that he would like the setbacks noted on the plan.
Dan noted that at the TRC it was brought up that the driveway needed to be appropriately sized for fire apparatus and that a culvert might be needed per the road agent. Paul asked if it is common to have a driveway going through the septic 4000 square footage. Mr., Karcher replied that the actual septic system is much smaller than the state required 4000 square footage, so the driveway will not impact the septic. Paul then asked if there is a proposed area for the house laid out and Mr. Karcher replied that the applicant has not yet decided what type of house he is going to build or its’ placement, but there is plenty of room within the setbacks. Paul commented that it appears there is only about an acre of useable land.
Paul asked Mr. Karcher if he considered site distance when placing the driveway. Mr. Karcher replied that this came up at TRC and it was determined that the site distance was sufficient. Charlie asked what the required site distance is and Dan replied 150 ft. in a 35mph zone. Mr. Ramsey said that he talked with Joel Moulton about the site distance just recently and they agreed to move the driveway further to the right, on the other side of the pole.
Paul Parker motioned to accept the application for a 2-lot subdivision by Paul and Nancy Ramsey (Tax Map R-10, Lot 13-1) as substantially complete, 2nd Cindy Snowdon. Motion carried.
Charlie K. opened the public hearing and there were no comments on the application.
Paul Parker motioned to approve the application for a 2-lot subdivision by Paul and Nancy Ramsey (Tax Map R-10, Lot 13-1) with conditions, 2nd Charlie Doke. Motion carried with all in favor.
Charlie K. reseated Dave Kestner.
- Application for a 2-lot Subdivision by: Kendra Brown (Tax Map R-16, Lot 11) : to subdivide the existing approximately 5.88 acre parcel into two (2) parcels of approximately 1.59 acres and 4.29 acres for the property on Governors Road in the Rural Residential (RR) District.
Randy Orvis presented the application stating that the applicants wish to subdivide their property with the 4.29 acre lot containing the existing home and 1.59 acres as a building lot with a septic and well. Mr. Orvis explained that he has applied for State Subdivision approval and a wetlands permit. He added that during the TRC meeting the size of the culvert for the driveway crossing was discussed and he is going to change the size to an 18” culvert per Joel Moulton’s (road agent) recommendation. Charlie K. asked if the wetland permit is a permit by notification and Mr. Orvis said no, because it is not an existing lot.
Dan stated that for the second lot, an easement for the well-head protection should be established as it extends onto the adjacent lot. Mr. Orvis said it would be recorded within the deed. Dan replied that usually there is a separate recording of the easement because a deed does not actually exist until the sale or transfer of a property. Dave asked if there would be the same issue with the Amtec easement. Mr. Orvis said it is existing and the well-head protection area just restricts septic from the area and nothing else.
Dave stated that the mention of the 12” culvert in the draft Notice of Decision needs to be stricken. Paul commented that this is an extremely wet area and asked where the water drains from the property. Mr.Orvis explained that the water drains through the existing 12” culvert and that Joel Moulton is planning to replace that culvert with a larger one. Cindy commented that Joel’s budget has been cut quite a bit, so she wouldn’t make the assumption that he will definitely be able to replace this culvert.
Paul asked how much land is useable on the new lot. Mr. Orvis responded that a good portion of the land is useable because of the slope of the land, which keeps the water draining. Dave added that Joel’s comments also included ditch work along the property line, and that an 18” culvert with headwalls is needed.
Charlie King motioned to accept the application for a 2-lot subdivision by: Kendra Brown (Tax Map R-16, Lot 11) as substantially complete, 2nd Paul Parker. Motion carried with all in favor.
Charlie K. opened the hearing for public comment and there was none.
Dan asked if a shared access for the properties was a possibility. Mr. Orvis replied that the applicant is not interested in a shared access. It was then mentioned that if the DPW does not change the culvert then there is potential for Governors Road to have sheeting water. Dave suggested having the applicant clean out the existing 12” culvert. Charlie K. noted that it is in the town right-of-way so that might not be reasonable. Mr. Orvis stated that the applicant would not be opposed to cleaning the culvert.
Charlie King motioned to approve the 2-lot subdivision by Kendra Brown (Tax Map R-16, Lot 11) with conditions, 2nd Dave Kestner. Discussion followed in which Cindy noted she would have preferred to speak with Joel Moulton on the condition of the drainage in the area. Mr. Orvis asked who the well-head protection easement would be granted to and the Board agreed it should be to the “lot owner” (it does not need to be to a specific name.) Motion carried with Paul Parker and Cindy Snowdon opposed.
Dave Kestner motioned to adjourn, 2nd Charlie Doke. Motion carried with all in favor.
Meeting adjourned at 8:23pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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