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Planning Board Minutes 06/02/2009
TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – June 2, 2009
356 Main Street - Farmington, NH

Members Present:        Chairman Paul Parker, Charlie Doke, David Kestner, Cindy Snowdon and Glen Demers.

Members Absent: Tim Moody and Tracy Major (excused)

Selectman’s Rep:        Charlie King

Staff Present:  Daniel Merhalski, Director of Planning and Community Development

Public Present: Ed Leonard of Wright-Pierce, Gail Ellis, Mr. Toussaint, and Chris Berry.

Chairman Paul Parker called the meeting to order at 6:08pm.

1. Review of Minutes:
a. Charlie King motioned to approve the minutes of 5-5-09 as amended and with the suggested edits provided by Dan, 2nd Dave Kestner.  Motion carried with Glen Demers abstaining.

b. Charlie Doke motioned to approve the minutes of 5-19-09 as amended with the suggested edits provided by Dan, 2nd Dave Kestner.  Motion carried.

2. Appoint Planning Board Member to Capital Improvement Planning Committee (CIP):
Charlie Doke expressed that this appointment might be a good experience for one of the newer members.  Charlie King noted that the CIP committee generally meets once a month and that there schedule is flexible based on membership.  

Paul Parker motioned to continue the discussion on the CIP committee appointment to the June 16, 2009 meeting, 2nd Charlie King.  Motion carried.

3. Other Business to Come Before the Board:
A. Paul informed the Board that there is a Business Recruitment Office of Strafford County Meeting at 6:30pm at the Old Town Hall on June 4th.  It is a free event and open to the public.

Paul Parker seated Glen Demers for Tracy Major.

PUBLIC HEARING 6:30PM
CONTINUED CASES:
  • Public Hearing pursuant to RSA 674:54 – Governmental Use of Land – Town of Farmington – Presentation for proposed Waste Water Treatment Facility (WWTF) upgrade and new construction off Baldwins Way (Tax Map U-9, Lot 31) and request for report to Board of Selectmen.  The project will include construction of Rapid Infiltration Basin (RIBs), upgrades to the existing Waste Water Treatment Plant and new construction of facilities needed for the upgraded treatment facility.
Paul reminded the Planning Board that the WWTF was approved at Town Meeting and that the purpose of tonight’s public hearing is to make any recommendations to the Board of Selectmen.  

Dave Kestner motioned for a short recess to allow for set-up, 2nd Charlie King.  Motion carried.

At 6:38pm the meeting reconvened.

Ed Leonard of Wright-Pierce gave a brief review of the phases 1 and 2 for this project, noting that it will be a four phase project to reduce the burden on the taxpayers.  Mr. Leonard explained that a final plan for the first phase should be ready by next week and from there the Town will seek bids with a Notice to Proceed in August.  He stated that he has completed an environmental review and there is no proposed wetland impact, though the project does go into 50’ buffer (as it does now). Next Mr. Leonard stated that a schedule for phase 2 is to begin with a design in a few months with the bids going out next spring because this phase must be completed by June 2012 to satisfy NHDES requirements.       
        Dave asked why they are not cutting into the slopes instead of not cutting into the road in phase one.  Mr. Leonard replied that he just didn’t consider it and this plan can still be re-configured but this is what they found to be the best fit arrangement.  Dave then made some further suggestions as to the relocation of the batch reactors and Mr. Leonard took note and will further research his ideas.
        Paul Parker opened the meeting for public comment.  Mr. Toussaint, resident, asked if there will be any odor present and Mr. Leonard replied no, there would be no difference from what there is today.  Paul then read the memo from Dan regarding the deficiencies of the plan in consideration of the Town Ordinances and Zoning Regulations.  Dan then added that the project is exempt from the Local Ordinances because it is a governmental use of government land but that it does need to meet all the State Regulations.  Paul asked if every measure will be taken to limit wetland disturbance and if they will utilize best management practices and Mr. Leonard said yes.  Paul then asked if the project will affect abutters and Mr. Leonard replied no there will be no net change to the parcel so there will be no off-site impacts.  Next Paul asked how the 100 year storms the Town has experienced over the past several years will affect the facility and Mr. Leonard explained the project is protected at a level greater than a 500 year flood and the operation of the facility would not be affected in the event of a large storm.  Mr. Leonard also added that a bond is not necessary for this project but all the contracts will have a one year warranty that will commence after substantial completion to ensure quality.
        Paul asked if the Board would like to forward a recommendation to the Selectmen.  The Board was in consensus they would and it should include that they would like Mr. Leonard to review the suggestions made by Dave to reconfigure the placement of the batch reactors as discussed tonight because it appears this will be more cost-effective and will assist with future expansions.  They also noted the plan should meet reasonable standards for pedestrian access under ADA, and should include delineation of parking and vehicle traffic flow.  The Board strongly emphasized that best management practice should be followed during construction and that they would like to know when the Selectmen reviews the final plans so they can be present.  Dan will draft a recommendation letter to the Selectmen noting these comments as well as the five categories of deficiencies and forward it to Paul for review and signature.
        Paul Parker closed the public hearing at 7:57pm.  Dave Kestner motioned to have the recommendation letter sent to the Board of Selectmen as discussed after being reviewed by the Chairman, 2nd Charlie King.  Motion carried.

Dave Kestner motioned for a short recess, 2nd Charlie King.  Motion carried at 7:58pm.

The Board reconvened at 8:08pm.

  • 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.
Paul Parker noted that new plans were presented tonight by the applicant.  Mr. Berry explained that the amended plans do not include any substantial changes but they do note the road being slid south seven feet per the Planning Board’s request to accommodate winter maintenance.  Paul asked if the foliage changed in the buffer zone adjacent to Mr. Toussaint’s property and Mr. Berry replied no.

Mr. Berry explained that his main goal of tonight’s meeting is to come to a conclusion on the fire cistern.  The applicant is proposing an 11,000 gallon cistern that is proposed to be taken over by the Town in the future.  Mr. Berry noted that the applicant realizes there has been discussion amongst the Town officials on whether or not the Town would consider maintenance and ownership of the cistern and they feel if the Town is not willing to consider ownership then they should not have to construct a cistern.

The Board discussed the fact that the Town does not currently have a Cistern Policy though the Board of Selectmen, Planning Board and Fire Chief will be working on one in the future.  Charlie King stated there has been other applications in which the Planning Board has required cisterns and this application should continue as such and in his opinion the cistern should stay with the ownership of the road.  Charlie K. also noted that if the Town needed to utilize the cistern in an emergency they would refill it and be responsible for any damages that may occur during use.  Dan expressed that there is no policy in effect and a potential one should not be taken into consideration on this application.  Charlie K. suggested that the cistern be constructed in the right-of-way to make it easier for possible acceptance by the Town.  Paul then asked the applicant if she is willing to let the Fire Department utilize the cistern in the event of an emergency and Ms. Ellis replied that she has concerns in doing that.  Dan suggested creating a Cistern Access Easement if the applicant is agreeable and the Board was in consensus that it was a good idea.  Paul Parker motioned to have the applicant draft a Cistern Access Easement; the motion died for lack of a second.

Mr. Berry stated that the other item he needs resolution on is the bus shelter.  Paul commented he feels a bus shelter with a small pull-off area (extended gravel shoulder) would be appropriate.  Charlie K. agreed and added that the shelter should have three sides to consider visibility.  Dan commented that the State Education Board does not suggest bus shelters and he is concerned that a pull-off would create traffic conflicts and issues with vehicles moving while there are pedestrians.  Mr. Berry suggested that he could create the shelter on the pedestrian side of the road and then “fatten” the shoulder on the opposite side for vehicles dropping off their children.

Mr. Berry then stated that the applicant does have some outstanding waiver requests as a result of discrepancies between Town documents.  Dan commented that he has not yet received comments from the Road Agent or FST.  Charlie K. and Dan both noted they would contact the Road Agent for his written comments.  Mr. Berry then explained that he delivered the plans to FST and they came back with a cost estimate of $6000 and the applicant feels this amount is exuberant and unacceptable.  Dan commented he was also surprised by the amount and he will contact FST to see if they can eliminate some of the hours and such and that maybe they misunderstood the intent of the scope of work.  Mr. Berry commented that agreed the scope of work is what the Planning Board requested but would appreciate Dan speaking with FST to see if they can meet the objectives at a more reasonable cost.  The Board will discuss this FST comments at the workshop on 6/16/09.

At 9:05, Charlie King motioned to continue the meeting until 9:30pm, 2nd Dave Kestner.  Motion carried.

Mr. Berry noted that he will be forwarding all easement documents to the Board for the next meeting and requested the Board continue the application to their 7-7-09 workshop because of the recent change in the Board’s schedule.  The Board discussed that if the items are resolved with FST and all the paperwork is available by June 16 then they would be willing to continue to July 7 but if not they will continue the application to July 21.  The applicant requested an extension for Planning Board decision to July 21, 2009.

Charlie King motioned to grant the request for an extension for Major Subdivision by Gail Ellis (Tax Map R22, Lots 7-3 and 10), 2nd Cindy Snowdon.  Motion carried.

Paul Parker opened the public hearing.  Mr. Toussaint reiterated that he spoke with Cameron’s and the trees the applicant is proposing will not create an appropriate buffer for 15-20 years.  Mr. Berry replied that he will do some research to see if he can find a faster growing tree.

Dave asked if there is street lighting at both ends of the development and if they would be paid by the Homeowner’s Association.  Dan commented that lighting is required at all intersections for safety reasons but he does not feel a light is necessary at the end of every driveway.  He then added that he would feel more comfortable getting an opinion from FST on whether or not lights are necessary at the Poor Farm Road entrance and at the interior intersection.  The Board agreed it would be a good idea to check with FST and that individual driveway lighting is not necessary because the E-911 requirement is for the house number to be seen from the road and the reflective numbers work well for that.

Charlie King motioned to the discussion on the Major Subdivision by Gail Ellis (Tax Map R22, Lot 7-3 and 10) for select items of FST, documents from the applicant and continuation date to June 16, 2009, 2nd Dave Kestner.  Motion carried with all in favor.

Glen Demers motioned to adjourn, 2nd Charlie King.  Motion carried.

Meeting adjourned at 9:42pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary





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Paul Parker, Chairman                   Date