TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – June 16, 2009
356 Main Street - Farmington, NH
Members Present: Chairman Paul Parker, Charlie Doke, David Kestner, Tracy Major, Cindy Snowdon and Tim Moody.
Members Excused: Glen Demers
Selectman’s Rep: Charlie King
Staff Present: Daniel Merhalski, Director of Planning and Community Development and Fire Chief Rich Fowler
Public Present: Chris Berry, Scott Lawler and Andy Tobin
Chairman Paul Parker called the meeting to order at 6:07pm.
Business Before the Board:
- Appointment of Planning Board Member to Capital Improvement Plan Committee (CIP) – Paul reminded the Board that they are still in need of a representative to the CIP committee for the remainder of 2009. Tracy agreed to hold the responsibilities. Charlie King motioned to appoint Tracy Major as the Planning Board representative to the CIP committee, 2nd Paul Parker. Motion carried with all in favor.
- Discussion of Town Cistern Policy – Paul Parker motioned to table the Cistern Policy discussion until the end of the meeting, 2nd Charlie King. Motion carried with all in favor.
- Discussion of Watershed and Wetlands Overlay Districts and Possible Amendments to Zoning Ordinance –
Dan stated that he would like the Board to identify their goals in protecting the Town’s natural resources and water supply, to better understand the amount of protection that the Town desires to impose through its zoning ordinance in Aquifer and wetlands areas. He would also like to define the classes of wetlands (Class I or Class II, etc.) and resolve the issue of the Town’s lack of a wetlands resource map. Dan stated that the Watershed Protection Overlay Districts (Sections 4.01, 4.02, 4.03, 4.04 and 4.05) should be simplified to be more easily applicable to site for both developers and the Board, while not removing the intended underlying use of the zoning district or restricting business along Route 11.
Charlie King noted that the intent of the Ordinance is good but he agrees that the wording needs to be simplified. He was also curious as to what Dan feels are the deficiencies are with the definitions of the classes of wetlands. Dan replied that in many cases a wetland scientist has been needed because of how the Ordinance is written in that it is not easy to apply. Dan stated that he feels a solid definition of the different wetland classes and a wetland resources map would be very useful tools.
A discussion was held on what the Board felt their goals were in revising the Ordinance and they came to the conclusion that higher standards for protection need to be created along with more efficient definitions of how wetlands are classified. The Board was in agreement that they do not want to hinder Route 11 development but that they would want all run-offs addressed, clean, filtered before leaving a site. Dave commented that he would like to see what Dan could propose for draft changes and that he is not sure if he wants to continue to rely on applicant’s to provide wetland delineations but that he also does not want to spend the money for a resources map either. The Board agreed.
Charlie King motioned to continue the discussion on the Watershed and Wetlands Overlay Districts to July 7, 2009, 2nd Tracy Major. Motion carried with all in favor.
- Other Business – Paul informed the Board that the first site plan review with the Site Plan Review Committee will be on June 25 at 1pm.
Public Hearing at 6:43pm
CONTINUED CASES:
- Request for Continuation of Site Plan Review Application from 1-6-09; 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 ½ bath, kitchen, living room and dining room.
Dan informed the Board that Mrs. Miminas requested a continuation, pending resolution of the parking issue at the Zoning Board Adjustment meeting July 2, 2009. The abutting property owner has given his permission for the underground gas lines to be installed across his easement, in writing. Charlie King motioned to continue the Site Plan Review Application for Stamatia Miminas (Tax Map U05, Lot #182) to July 21, 2009, 2nd Cindy Snowdon. Motion carried with all in favor.
At 7:16pm, Dave Kestner motioned for a recess, 2nd Cindy Snowdon. Motion carried.
- Continuation of 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:
Scott Lawler of Norway Plains explained that the applicant is proposing an expansion to the existing Hawkins Safety building for a total of 1,250 sq. ft. to be used as additional office space for Three Phase Electric. The applicant has received a Use Variance fro the ZBA for the Overlay District prohibition and a report from the Conservation Commission that they have no concerns. Also, Dale Sprague, the Water/Wastewater Superintendent, provided written comment that the project poses no negative impact to the Aquifer.
Charlie King reminded the Board that there were some minor deficiencies found when Mr. Lawler conducted his final review of the previously approved construction. Mr. Lawler replied that the applicant has agreed to repair/stabilize the erosion control materials but would like to wait until he has the construction machines on site for this application for cost effective reasons. Charlie K. asked how the applicant is proposing to correct the deficiencies and Mr. Lawler stated that he proposed excavating the soil area with the ripples and then add jute matting and reseed the area.
Paul opened the Public Hearing for comment but there was none. The Board reviewed the Draft Notice of Decision. Charlie King noted that he would like a condition of approval to be the restabilization of slopes and any storm water detention areas with approved jute matting and seeding before issuance of an Occupancy Permit or within six months. Dave noted that Mr. Lawler found other deficiencies during his inspection and that he noted them in his April 17, 2009 letter to the Planning Board and these should be addressed as well.
Charlie King motioned to approve the Major Site Plan Application by North and South Investors, LLC (Tax Map R-20, Lot 1-2) based upon the Notice of Decision drafted by Dan and all the deficiencies addressed in the Norway Plains letter dated 4-17-09 to the Planning Board as condition of occupancy or within six months of this approval, 2nd Dave Kestner. Motion carried.
Dave Kestner motioned for a recess, 2nd Charlie King. Motion carried at 7:12pm.
The Board reconvened at 7:19pm.
- Continuation of Application for a Major Subdivision from 3-17-2009 by : Gail Ellis (Tax Map R-22, Lots 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.
Chris Berry of Berry Surveying and Engineering explained that he furnished the plans and all the necessary paperwork to the Town. Dan stated that the applicant is hoping to have the bond estimate waived because they would like to build out the infrastructure and the roadway; he is also awaiting the FST review. Charlie K. noted he is concerned with waiving the bond because there is no surety for completion without one and he would want a written detailed plan on how the build out would occur. Other Board members concurred that they are similarly concerned.
Cindy asked when the Board will review the remaining documents and Dan replied that he didn’t feel it was necessary for the Board to review them. The Board was in agreement that they would all like copies of all the documents to review. Cindy then asked at what point and who, asked Joel Moulton, Public Works Director, for a written review of the roads proposed in this development because the Board received a memo from Joel stating that he had not been requested to address any issues pertaining to waivers though he has had discussion with Chris Berry in regards to the waivers. Charlie K. stated that he spoke with Joel after the last Board meeting regarding this and apologized to the Board that the report has not been completed. Charlie K. stated that he will speak with Joel again and the Board will
have this report in the next two days. (Chris Berry asked if he could get copies of any and all correspondence.) Dan stated that he asked the applicant if Joel signed off on the waiver requests earlier and then asked Mr. Berry to forward the email in which Joel approved the waiver requests.
Dave Kestner motioned to continue the application for a Major Subdivision By Gail Ellis (Tax Map R-22, Lots 7-3 and 10) to July 21, 2009, 2nd Cindy Snowdon. Motion carried with all in favor.
- Discussion of Town Cistern Policy:
Paul Parker motioned to bring the Town Cistern Policy discussion forward, 2nd Charlie King. Motion carried.
Fire Chief, Rich Fowler explained that he sees the need for this policy and feels it is important. Paul asked what his preference is for fire prevention and Rich replied sprinkler systems in every home would be his first choice, noting this will eventually be a national requirement. Rich added that the NFP requires a fire pond, cistern or sprinkler system and a sprinkler system in a new home is about 1-2% of the total cost of constructing a new home and would keep a fire under some control until the fire department arrives.
Dave asked why the Chief is not requesting publicly installed cisterns on the other side of Route 11 if they are so important for fire safety. Rich replied that it is a great idea but too high a cost burden for the Town. Dave then asked what prompted Rich to request a cistern for every 3 lots and questioned if the number should be higher to justify the cost of a cistern. Rich replied that it is fair number after surveying several other communities that utilize them but he is willing to discuss this number.
Charlie King asked if the Town has defined areas such as those described in NFP 11:41-6 (Def. of rural/suburban area) and Rich replied that he did not make the distinction between rural and suburban areas and that is draft policy was for new development outside the Town’s public water supply. Charlie K. noted that he feels the 3 lot requirement is a little unreasonable and feels that 5 lots would be better. He is also concerned with the distance of 1000 feet with the ability to waiver because he would rather have a bare minimum so the Board wouldn’t have to consider waiver negotiations a lot. Charlie suggested maybe having tiered requirements based on location and would also like to see the “authority” clarified in the document as to who it is.
Paul asked what the maintenance requirement is for cisterns and Rich replied an owner would have to make sure they are accessible and that the caps will come off. Dave commented that the policy did not address whose responsibility it is to refill the cistern if it is used. Rich replied he feels it would be the Fire Department’s responsibility to refill it if they used it but he is not sure what the legal opinion would be. Rich noted the Fire Code allows Fire Departments to commandeer any water source for fire protection.
The Board decided to continue this discussion on July 7, 2009 and at that time come up with a consensus of what concerns and suggestions thy have and then forward their recommendations to the Fire Chief and then revisit the Policy with him on August 4, 2009. Charlie King motioned to continue the Town Cistern Policy discussion to July 7, 2009, 2nd Dave Kestner. Motion carried.
Tracy Major motioned to adjourn, 2nd Cindy Snowdon. Motion carried with all in favor.
Meeting adjourned at 9:02pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
___________________________ _________________
Paul Parker, Chairman Date
| 
