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Planning Board Minutes 07/21/2009
TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – July 21, 2009
356 Main Street - Farmington, NH

Members Present:        Chairman Paul Parker, Charlie Doke, David Kestner, Cindy Snowdon, Tracy Major, Glen Demers and Jim Horgan

Members Excused:        Tim Moody

Selectman’s Rep:        Charlie King

Staff Present:  Mike Garrepy, Interim Town Planner

Public Present: Chris Berry, Gail Ellis, Randy Orvis, Nick Huckins, Tom Huckins, Randy Orvis, Mr. Toussaint, Packy Campbell, Daisheng Zheng,                    Ernie Cardinal, Jerry Widener and Judy Cardinal.

Chairman Paul Parker called the meeting to order at 6:03pm and welcomed Jim Horgan back to the Board.  Paul also welcomed Interim Town Planner Mike Garrepy and sat Glen Demers for Tim Moody.

1. Review of Minutes:
  • Charlie King motioned to accept the minutes of 6-2-09 as amended, 2nd Glen Demers.  Motion carried with Tracy Major abstaining.
  • Charlie King motioned to accept the minutes of 6-16-09 as written, 2nd Charlie Doke.  Motion carried with Glen Demers abstaining.
At 6:19pm, Charlie King motioned for to recess until the public hearing at 6:30pm, 2nd Dave Kestner.

At 6:34pm the Board came back into session.

PUBLIC HEARING
CONTINUED CASES:
  • Request to Continue to August 18, 2009 – Site Plan Application from 1-6-2009; 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.
Charlie King motioned to continue the site plan application by Mrs. Stamatia Miminas (Tax Map U05, Lot #182) to August 18, 2009, 2nd Tracy Major.  Discussion followed in which Dave asked for a copy of the ZBA decision in how or what the hardship was.  Motion carried with all in favor.

  • Continuation of Application for a Major Subdivision from 3-17-2009 by: Gail Ellis (Tax Map R22, 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, LLC presented the application.  Paul commented that he was disappointed the paperwork was provided to the Board beyond the deadline to be mailed in the Board meeting packets.  Mr. Berry apologized but also explained that there is no published explanation of when paperwork is due though he did speak with the Planning Department Secretary and discovered she needs the paperwork the Wednesday prior to the Planning Board meetings.

Mr. Berry explained that he provided the Homeowners Association documents to the Town for Legal review and did receive comments back.  Charlie King asked if there was an updated copy of the By-laws as suggested by Legal.  Mr. Berry replied that Ms. Ellis is updating them.

Mr. Berry stated that he received the review comments from FST (third party review) and according to their report they had no outstanding traffic changes, however he did incorporate all their suggested modifications except for three.  The first he did not incorporate was regarding the sub-base gravels.  Mr. Berry explained that there is a difference between the Zoning regulations and the Road Design Standards and the application was designed to meet the Road Design Standards; however they have provided a waiver request from Zoning Regulation 4.17, Section 10.  The next item he did not incorporate was regarding the sidewalk gravel base.  FST suggested an 8” gravel sub-base but he feels a 6” gravel base is sufficient and he provided an additional waiver from Zoning Regulation 4.17, Section 13.  Lastly, Mr. Berry stated that he believes FST miss-interpreted the Subdivision Regulations in regards to the radius of the cul-de-sac.  He is proposing an outside radius of 57’ when only 34’ is required, so has to limit the wear of the inside of the cul-de-sac.  Kevin Gagne, of FST, responded that being new to Farmington they may have misinterpreted the Regulation but the applicant should demonstrate that the turn around is wide enough for an emergency vehicle to turn around.

Paul read the memo dated 6-24-09 from Joel Moulton, Public Works Director, regarding the waiver request.  He then opened the hearing to the public for comment.  There was no public comment.

The Board then reviewed the documents they received noting they were updated with the suggestions from Legal.
  • Cistern Agreement – Charlie King asked if all Legal comments were addressed.  Ms.Ellis replied that she made all the suggested changes.  Mike Garrepy stated that he would review the updated documents to ensure that all the legal comments were addressed and then forward a red-lined copy back to the Board.  Tracy commented that she did not believe the last sentence of the intent should be included.  Many of the Board members agreed and it appears to be Legal’s opinion as well.  Dave asked Mike to check with Legal on exactly what there recommendation was for this section.  The Board however, requested the sentence to be stricken from the document.  Cindy also questioned the line that read “that the Town would do yearly inspections at no cost” would be included and Mike replied he would review this with Legal as well.
  • Declaration Covenant – Mike will review to ensure all legal suggestions were incorporated.  Jim asked if the plan is for a 25 or 26 lot subdivision.  Mr. Berry explained that it is a 25 lot subdivision but the pre-existing lot needs to be included in the covenants.
        Dave commented that on page 10 under #7-Animals it states there is to be no farm animals allowed even though this is in the agricultural zone.  Dave questioned if the subdivision should be rezoned to be the SR or RR for tax purposes.  Charlie K. added that this restriction is in direct conflict with the spirit of the underlying zone.  Ms. Ellis responded that she is trying to comply with the Planning Board and the Homeowner’s Association can vote to change the document in the future.
        
        Charlie King questioned if on page 11 under the Use of Lots the “declarant” should be changed to “Homeowner’s Association.”  Mr. Berry replied he will look at it again.  Charlie K. also noted on page 13 under C; the changes in this document need to be consistent with the Planning Board approval and on page 4, section 2 – No Partition – it references articles that are in another document.  Cindy noted this change was already made in the amended document.
        Cindy pointed to page 21, in regards to the fire cistern, and questioned if the way it is worded is appropriate and requested that Legal review this.  Charlie K. added that he feels the Homeowner’s Association should be included in this section.

3. By-Laws – Charlie K. stated that on page 5 under the Powers and Duties Section A the common land should be described in its entirety, including all infrastructures.  Mr. Berry agreed he would list all the items.  Mike suggested inserting a definition for common land into the document.

        Cindy asked if re-subdivision is allowed on this application because it is addressed under the voting rights section.  Mr. Berry explained that there could be zoning changes in the future that would make further subdivision allowable and this section is just to address the voting rights as it would pertain.

        Paul stated that the notification of the Homeowner’s Association meetings should probably be 30 days prior to a meeting.  Ms. Ellis agreed with this suggestion and will amend the document accordingly.

        Cindy commented that the fire cistern expenses should be listed under the common expenses.  Charlie K. disagreed noting the cistern is listed in the definition of common land and it shouldn’t be pulled out in this section.  Paul agreed with Charlie K.’s comments.

4. FST comments – Kevin Gagne of FST reviewed his memo.  Page 4 of his review calls out that there is a tangent less than 100 degrees between the reverse curves.  Mr. Berry explained that there is a difference in the Road and Driveway Standard and Subdivision Regulation requirements and he previously requested a waiver to address this.  Mr. Gagne then stated the guardrail notes should reference a need for Ashtoh barriers and the guardrails themselves should be installed along the area where the 4:1 slopes changes to the 2:1 slopes.  He also noted that the guardrail on the right hand side of the road was added as they recommended but if the slope is to be flattened in the field as it is noted it may, the developer would need to make sure the wetlands are not encroached upon.  Lastly, Mr. Gagne commented that in reviewing the updated plans he couldn’t find where the slopes had been itemized or where the specific stabilization requirements were as suggested in his #10.  Mr. Berry pointed out the notes on the plan that stated jute matting would be used.  Mike suggested identifying the slope depths in case there are steeper slopes.  Mr. Berry replied that there would not be steeper slopes but he could certainly identify the ones on the plan.

5. Waivers – Mike stated he would like to review the waivers with Joel Moulton, FST and the applicant.  Paul asked Mr. Berry to have all the documents, updated plans and such to the Planning Office by August 10, 2009 for distribution to the Board.

6. Other – Dave questioned if the abutter, Mr. Toussaint was agreeable to the newly proposed screening.  Mr. Toussaint replied that he noticed the applicant changed the trees to white pine after talking with a nursery.  Mr. Berry replied the nursery stated that the white pine will grow faster and they staggered them differently to create better screening.

Mr. Berry requested a continuation of the application to August 18, 2009.  Charlie King motioned to grant the applicant’s request for a continuation to August 18, 2009 for Tax MapR22, Lots 7-3 and 10, 2nd Tracy Major.  Motion carried with all in favor.

At 8:17pm, Dave Kestner motioned for a recess, 2nd Tracy Major.  Motion carried with all in favor.

The meeting reconvened at 8:28pm and Chairman Parker seated Jim Horgan in place of Glen Demers for Tim Moody.

NEW CASES:
  • Application for Major Subdivision Permit Approval by: NiAshBre Estates: Thomas E & Michelle P. Huckins (Tax Map R15, Lot 6); to allow for a 4 lot subdivision; Property is located at 262 Chestnut Hill Road in the Rural Residential (RR) Zoning District.
Randy Orvis of Geometres Blue Hills, LLC presented on behalf of the applicant.  He explained that the previous owner of the lot had septic designs approved, installed a tow road and some utility poles.  Mr. Huckins is proposing to create four lots off the tow road after widening it to meet the Town Road and Driveway Standards.  All the lots meet the required size and frontage and they are proposing a hammerhead instead of a cul-de-sac at the end of the road because it is easier for snow maintenance and for emergency vehicles to turn around.  

Mr. Orvis explained they are requesting a waiver from Section 4.17-14 of the maximum road length requirement.  The proposed roadway is 1380’ to road end and if they were only allowed the 900’ they would not be able to fully access the property and the turn around at 900’ would impact the wetlands.  Mr. Orvis explained the applicant is also requesting a waiver from Section 4.17-25 to address steep up slopes in an 80’ section that are up to 2.5 on the abutter side.  These slopes are proposed to slope away from the abutter and he spoke with Joel Moulton and he agreed with the plan.  The slopes are proposed to be no greater than 2.25:1.

Mr. Orvis then addressed Mike’s written comments on the application, noting that he did provide the drainage information to Mike.  He then explained that the southeast lot line was previously outlined in a Norway Plains survey of the abutting property.  Lastly, Mr. Orvis stated that they will need to apply for a Special Use Permit for the proposed wetland and buffer impacts.

Mike identified the following items;
        1. “Private road” needs to be clearly identified on the plat and there will need to be a road maintenance agreement.
        2. A Special Use Permit would need to go to the Conservation Commission as practiced by this Planning Board.
        3. There is the requirement for buildings to be depicted on the plan that are within 200ft of the property.  Mr. Orvis agreed to note any buildings or add a note that there are not any.
        4. There is a requirement for a utility plan.
        5. Driveway permits are required.
        6. The Planning Board would need to decide if they would require a performance bond though the plat should not be recorded until the road is complete or a bond is posted.
        7. The applicant should provide specific reasons to justify a waiver for a permanent dead-end street with a hammerhead in excess of 900’.
        8. Sidewalks are required in this zone but are not provided.
        9. The following state approvals are required; a NHDES Dredge and Fill, a NHDES Subsurface, a NHDES State Subdivision and NH DHR approval.
        10. The applicant may be creating unbuildable lots with the frontage, but this may not be an issue because it is on a private road.

Charlie King motioned to extend the meeting until 10pm, 2nd Cindy Snowdon.  Motion carried with all in favor.

Chairman Parker opened the hearing to the public for comment.

The applicant, Tom Huckins, explained that the purpose of this subdivision is give land to his children.  He stated that he would maintain the road and that he could not supply a utility placement plan until the road is installed and he feels the sidewalk requirement should be waived because it is a private road.

Dave reviewed the sidewalk standards and the table for the RR zone does not list the requirement at a specific lot threshold though in the AR the requirement is triggered at 7 lots.  It was stated that the applicant could request a waiver from the sidewalk regulation.  Mr. Orvis added that he did plan for a 50’ right of way.

The Board members commented on the application.  Jim stated he has no problem with the hammerhead though he is concerned with going over the 900’.  He also stated that he would be okay with a sidewalk area being delineated on the plan.  Dave noted that there is no notation on the plan as to which direction the water flows and Mr. Orvis replied he would add the arrows.  Dave continued by stating that he likes the hammerhead but would like to see further justification for extending the road past 900’.  Also he would like to see a gravel, delineated sidewalk.  Charlie K. stated that a Road Ownership/
Maintenance document is needed because the approval runs with the land and not the families living on it.  He then questioned what the wetlands are connected to and Mr. Orvis explained that he identified the wetlands but they are not contiguous functionally.  Charlie continued by stating that he also would like justification to go beyond the 900’, the hammerhead needs to be part of the infrastructure with an easement and he would be in favor of the waiver for the 2.25:1 slope because they slope away from the abutter.

Mr. Tom Huckins stated if the Board was to see the property they would see that the proposed location for the hammerhead is the best use of the property.  Dave commented that lot 6-3 could be extended to include the hammerhead and Charlie K. disagreed.  He suggested placing the hammerhead in lot 6-2 and transferring lot 6-3 to lot 14.

Charlie King motioned to schedule a site walk for the Huckins’ application on August 4, 2009 at 5:30pm, 2nd Cindy Snowdon.  Motion carried with all in favor.

Tracy Major motioned to continue the application for a Major Subdivision Permit by NiAshBre Estates (Tax Map R15, Lot 6) to August 18, 2009.  Motion carried with all in favor.

At 9:42pm, Jim Horgan motioned for a recess, 2nd Cindy Snowdon.  Motion carried with all in favor.

At 9:47pm the Board reconvened.

  • Application for Minor Site Plan Approval By: Daisheng Zheng, Imperial Garden, LLC; Ernest J. & Judith Cardinal (Tax Map U06, Lot 011); To allow for relocation of existing Chinese restaurant and new bar, in the Village Center (VC) Zoning District.
Packy Campbell of RSA Development presented the application.  Paul asked if there is a conflict of interest with Cindy Snowdon and Tracy Major because of the court proceedings between their Home Owner’s Association and Mr. Campbell.  Cindy recused herself and Tracy stated she did not feel there was a conflict because Mr. Campbell is not the applicant.  Mr. Campbell stated he had no problem with Tracy sitting on the application and the Board agreed.  Paul seated Glen Demers for Cindy.

Mr. Campbell stated that he was told by the previous Town Planner, Dan Merhalski, that this application would be done by Town Staff and not have to go before the Board.  Paul explained that because of staff changes there is no Site Plan Review Committee at this time and the application therefore gets deferred to the Board.  Charlie K. added that the application would not have necessarily stayed at staff review level because there is a change of use with the addition of the bar and Dan had noted to the Board that the application would probably come before them.

Mr. Campbell stated that the applicant was not notified of the Technical Review Committee (TRC) meeting and therefore they were not prepared to give all the information needed.  Mr. Zheng stated his hours of operation will be 11am – 10pm.  The building is 102’ x 30’, he will have 5 employees and 60-80 seats depending on what the building code allows.  For reference the bar is proposed where the current travel agency is, the dining area where the tanning beds are, a cash register for take out on the front left and the kitchen in the back left.  Paul asked where the dumpster would be located and Mr. Campbell explained it would be relocated behind the restaurant.

Charlie King motioned to continue the meeting until 10:30pm, 2nd Jim Horgan.  Motion carried with all in favor.

Paul asked Mike for his comments on the application.  Mike stated that he had not fully reviewed the application but that he did agree there is a lot of code requirements and TRC concerns that would need to be addressed.

Paul opened the hearing for public comment.  Ernie Cardinal stated that the previous owner of the property had a restaurant in the location.  Jerry Widener, abutter, stated that she is concerned with the placement of the dumpster because she lives directly behind the building.  She stated that Waste Management comes to empty the dumpster at 5:45am on Thursday and they cannot get in the area unless she moves her car, plus the dumpsters are smelly, full of flies and attract wildlife.  Mr. Cardinal commented that there is no shared driveway for Ms. Widener’s property and that his property goes out 13’ from the back of the building and she has been using his driveway.

Jim questioned if the dumpster can be left at its current location.  Mr. Campbell replied that he cannot promise anything but he will certainly look at all the options.  Charlie K. noted that double bagging, swapping dumpsters, limiting liquids and such would help distract animals and the smell.  Jim then stated that the rear exits need to be addressed for safety issues and with the current NHDES moratorium in effect, he does not think the applicant can add any toilet facilities nor have increased patronage.  Mr. Campbell replied that it would be reasonable to not extend the seating until the moratorium is lifted.  Charlie K. added that Dennis, the Code Enforcement Officer, would review this.

At 10:32pm, Charlie King motioned for a recess, 2nd Dave Kestner.  Motion carried with all in favor.

The meeting reconvened at 10:38pm.

Tracy Major motioned to approve the Minor Site Plan application by Daisheng Zheng, Imperial Garden, LLC and Ernest J. and Judith Cardinal (Tax Map U06, Lot 011) contingent upon; 1. compliance with ADA, NFPA and Code Enforcement requirements, 2. best management practices to control odor of dumpster with preferred location to be at current site, 3. all state licenses for restaurant/bar are obtained and 4. compliance with the NHDES sewer moratorium, 2nd Charlie King.  Discussion followed in which Mr. Zheng stated the hours of operation would be Sunday – Thursday 11am – 9:30pm and Friday – Saturday 11am – 10:30pm, though these are subject to change based on business.  Motion carried with all in favor.

OTHER:
  • Randy Orvis stated that he was told the application deadline for tonight’s meeting was July 3 even though the office was closed on that day.  However, he turned his paperwork in on July 2 and is concerned that the application was not placed on tonight’s agenda.  Paul apologized for the oversight and stated he would investigate the situation.
Jim Horgan motioned to adjourn, 2nd Glen Demers.  Motion carried with all in favor.

Meeting adjourned at 11:08pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary





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Paul Parker, Chairman                   Date