TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – May 5, 2009
356 Main Street - Farmington, NH
Members Present: Chairman Paul Parker, Charlie Doke, David Kestner, Cindy Snowdon, Tracy Major and Tim Moody
Selectman’s Rep: Charlie King
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Public Present: Stamatia Miminas, Scott Lawler and Andy Tobin
Chairman Paul Parker called the meeting to order at 6:13pm.
1. Review of Minutes:
a. Charlie King motioned to approve the minutes of 4-7-09 as amended and with the suggested edits provided by Dan, 2nd Dave Kestner. Motion carried with Tracy Major abstaining.
b. Tracy Major motioned to approve the minutes of 4-21-09 as amended with the suggested edits provided by Dan and pending the correct RSA being cited, 2nd Charlie King. Motion carried.
2. Appoint Planning Board Member to Capital Improvement Planning Committee (CIP):
Charlie King explained that he can no longer serve as the Planning Board representative to the CIP committee and asked for a new volunteer. The Board agreed to discuss this item again at the June 2nd meeting to give the members time to consider serving on the CIP.
Cindy Snowdon arrived at 6:37pm.
3. Other Business to Come Before the Board:
A. Charlie King updated the Board that the Selectmen have consulted with Legal Counsel and have agreed that the Planning Board should work with the Fire Chief to create a comprehensive cistern policy for the Town and then present it to them for review before adoption by the Planning Board.
B. Dan informed the Board that the Town recently received approval to bond for the construction of the Wastewater Treatment Facility approved at the 2009 Town Meeting. As part of this process as the Town moves closer to construction, the Town must address the level of local permitting required, though the project is a governmental use of government owned land and therefore exempt from the regular permitting process under RSA 674:54(II). Dan stated that he is providing notice to the Planning Board of this and that they need to decide whether or not they want to hold a public hearing on this. The Planning Board would need to submit a report to the Town detailing the level of non-compliance, with the local land use regulations, but no approval is needed. The Board was in consensus that a
public hearing would help to educate the public and give them an avenue to voice their concerns.
Charlie King motioned to schedule the Wastewater Treatment Facility Public Hearing for 5-19-09, 2nd Cindy Snowdon. Motion carried with all in favor.
PUBLIC HEARING 6:43PM
CONTINUED CASES:
- Continuation of Site Plan Review Application from 1-6-2009; By Mrs. Stamatia Miminas (Tax Map U05, Lot #182); Located at 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 he spoke with Steve Roberts of NHDES and he agreed that the Board could approve this application with the condition that the Certificate of Occupancy for the new units would not be granted until such time that the sewer moratorium is lifted.
Paul stated that the parking situation still needs to be addressed. Mrs. Miminas provided copies of a letter from Mr. DeJulio granting a one year lease for two parking spaces on Mechanic Street. Dan reminded the Board that the letter is not sufficient because the lease needs to identify the exact location of the two spaces and be in perpetuity or 99 years according to Section 3.08B of the Zoning Ordinance. Charlie King stated that he feels that requirement is unattainable and questioned if the requirement can be lessened. Dan replied no, because if the lease is broken then the approved apartments become non-compliant. Charlie King then asked if the applicant approached the Selectmen about leasing two spaces in the Municipal Parking Lot. Dan replied yes she did but the Board declined the
request because they did not want to set a precedent or take away from public parking. The Board discussed that the applicant could change the application to one apartment now and continues to seek two more parking spaces for the future, seek a variance from the ZBA or petition again to the Selectmen. Dan added that the applicant might be able to get a variance from the parking requirement from the ZBA due to the location of the lot, the lot size and age of the structure creating a hardship.
Dan informed the Board that an easement for the propane tank has not been received and Mrs. Miminas stated that her abutter will not grant the easement for her to be able to put the tanks in the ground. The Board looked at the plans for a possible solution and discussed that a good place might be by the basement door of Mrs. Miminas’ neighboring property, if the Fire Chief agreed to this.
Paul Parker opened the Public Hearing. There were no comments. Cindy Snowdon motioned to continue the application for Site Plan Review by Mrs. Stamatia Miminas (Tax Map U05, Lot #182) to 6-16-09, 2nd Charlie King. Motion carried with all in favor.
Dave Kestner motioned for a short recess, 2nd Charlie King. Motion carried at 7:38pm. The Board reconvened at 7:49pm.
- Continuation of Application for a Major Subdivision from 3-17-09 By: Gail Ellis (Tax Map R 22, Lot 7-3 and 10) for construction of twenty-five (25) residential lots and supporting roadway and infrastructure improvements; Property is located on Ten Rod Road and Poor Farm Road, located in the (AR) Agricultural Residential Zoning District.
Dan informed the Board that the applicant forwarded a letter to the Board requesting a continuation to the second meeting in May. Charlie King asked if the items previously discussed went out for peer review. Dan replied no, because the applicant requested that he not send out the plans until he had forwarded updated ones and he hasn’t received any yet. Charlie King then asked if the other items like the Homeowners Association documents and easement documents, have been forwarded to the Planning Office yet and Dan said no. The Board discussed that because the items have not been furnished for review they feel the applicant will not be ready for the May workshop. Charlie King motioned to continue the Major Subdivision application by Gail Ellis (Tax Map R22, Lot 7-3 and 10) to
6-2-09, 2nd Dave Kestner. Motion carried with all in favor.
NEW CASES:
- Application for Major Site Plan Approval By: North and South Investors, LLC (Tax Map R-20, Lot 1-2) To construct a 1,250 sq. ft. addition to the existing office building; Property is located at 27 Main Street in the (CB) Commercial Business Zoning District.
Charlie King stated that he has used Norway Plains in the past but has no pending plans to utilize them in the future. The Board agreed there was no conflict of interest.
Scott Lawler of Norway Plains explained that North and South Investors would like to add a 12’ X 50’ addition to the previously approved 5000 sq. ft. building approved in 2007. He reminded the Board that the septic and parking was designed for this addition. They are proposing no additional parking or grading.
Charlie King asked if the construction materials are proposed to match the current building and Mr. Tobin (co-owner of North and South Investors) replied yes. Paul asked if the entrance will be through the current building. Mr. Tobin said that the addition will have a covered entrance way on the end. Mr. Lawler added that the wall mounted light and AC unit will be relocated to the “new” end of the building.
Dan explained that in reviewing the application it was brought to his attention that this is a non-conforming use in the Aquifer Protection Overlay because a business office is not listed as a Permitted Use; therefore a Use Variance is required from the ZBA. He then added that this was not identified by the previous town planner the first time this applicant came before the Board and that Legal has determined that if the use is not listed as Permitted then it is prohibited without a variance. (It was noted that the Board will need to review the Overlay Ordinance in there work session).
Mr. Lawler recognized that the applicant does have some deficiencies from the previously approval and they are going to address them. Paul noted that the impervious surface calculations are a 9.9% when the limit is 10% and questioned if the calculations should be verified. Dan said that when he reviewed the application he came out with 9.94% (the applicant had 9.95%) and that he is confident in the calculations. Dave added that Norway Plains is a licensed surveying firm and will be stamping the plans so he is not concerned either.
Paul opened the Public Hearing. There were no comments.
Dave Kestner motioned to continue the application for Major Site Plan Approval by North and South Investors, LLC (Tax Map R-20, Lot 1-2) to 6-16-09, 2nd Tracy Major. Motion carried.
Other:
Charlie King stated that he believes the Board should consider moving their meetings to the second and fourth Tuesdays of the month so that the ZBA meetings are prior to the Planning Board meeting so that applicants could be more efficiently served. It was also discussed that maybe the Board could flip-flop the workshop and meeting to reach the same goals. The Board agreed that they should discuss this at the next workshop meeting.
Dave Kestner motioned to adjourn, 2nd Tracy Major. Motion carried with all in favor.
Meeting adjourned at 8:54pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
___________________________ _________________
Paul Parker, Chairman Date
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