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Planning Board Minutes 08/15/2009
TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday –  August 18, 2009
356 Main Street - Farmington, NH

Members Present:        Chairman Paul Parker, Charlie Doke, Tim Moody, Tracy Major, Cindy Snowdon and Jim Horgan.

Members Excused:        David Kestner and Glen Demers

Selectman’s Rep:        Charlie King

Staff Present:  Interim Town Planner Mike Garrepy

Public Present: FX Bruton, Stamatia Miminas, Akaterini S. Lewis, Gail Ellis, Chris Berry, Randy Orvis, Tom Huckins, Randy Toussaint and                                 Deborah Breed.

Chairman Paul Parker called the meeting to order at 6:00pm and seated Jim Horgan for Dave Kestner.

Business Before the Board:
1.  Review of Minutes:
        a. Charlie King motioned to accept the 7-7-09 minutes as presented, 2nd Charlie         Doke.  Motion carried with Jim Horgan abstaining.

        b. Charlie King motioned to accept the 7-21-09 minutes as amended for word      choice change, 2nd Jim Horgan.  Motion carried with Tim Moody abstaining.

        c. Jim Horgan motioned to accept the minutes of 8-4-09 as amended for a name    change, 2nd Charlie King.  Motion carried with Tracy Major and Tim Moody        abstaining.

2. Review Notice of Decision of June 3, 2008 for Approved Subdivision Plan By: Governor’s Road Realty, LLC (Tax Map R49, Lots 1-1 & 6). To amend the previous Subdivision Approval:
        Mike Garrepy explained he reviewed the final plans and Notice of Decision and it is his belief that the Planning Board can grant a 6 month extension without jeopardizing the 6/3/08 Notice of Decision though any further extension would require a hearing for a plan amendment and abutter notification.  The applicant requested an extension based on economic hardship.  Representing the applicant was FX Bruton; he recognized that the Board can only grant a 6 month extension and stated that if they find they need more time they will request a plan amendment.
        Cindy asked if the Condition of Approval for the revision to the Road Acceptance document was completed and Attorney Bruton replied yes, the revised document clarifies that the Town is not liable for ownership of the road.
        Charlie King motioned to grant a six month extension as requested by Governor’s Road Realty (Tax Map R49, Lots 1-1 & 6) and noted the extension does not changed the existing Notice of Decision, 2nd Jim Horgan.  Motion carried

3. Paul informed the Board that the Fall Planning and Zoning Conference is scheduled for 10-17-09 and encouraged members to attend.

PUBLIC HEARING 6:34PM
  • 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 ½ bath, kitchen, living room and dining room.  Property is located in the Village Center (VC) Zoning District.
The applicant’s daughter, Akaterini S. Lewis, explained that they received a Use Variance from the Zoning Board of Adjustment on July 2, 2009 to give them relief from the four space parking requirement.  

Jim stated he is concerned the first floor may not be able to support the new two floors.  Ms. Lewis explained they are installing steel beams to support the two floors.  Paul added these issues will also be addressed by the Code Enforcement Officer, Dennis Roseberry, during construction.  Charlie K. added that actual construction methods are outside the purview of this Board because they do not have construction oversight.  Mike agreed noting it would be Dennis responsibility.  Paul then asked if the applicant has plans for demolition yet and Ms. Lewis replied no, they were awaiting approval from this Board before going further.  Charlie K. reminded the applicant that a demolition schedule will have to be submitted and approved by Dennis.  He then reminded the Board that the applicant is going forward with the application with the understanding that she can not obtain Occupancy Permits until such time as the Sewer Moratorium is lifted or special permission is granted by NHDES.

Paul closed the public hearing for the application.

Charlie King motioned to approve the Site Plan Review Application for Mrs. Stamatia Miminas (Tax Map U05, Lot #182) consistent with the Notice of Decision and with the following Condition of Approval 1.)No Occupancy Permits issued until such time as the Sewer Moratorium is lifted or Special Permission is granted by NHDES and 2.)Demolition methods and timing are approved by the Code Enforcement Officer for his approval, 2nd Jim Horgan.  Discussion followed in which Mike said he will attach the ZBA decision.  Motion carried with Tim Moody opposed.

Charlie King motioned for a short recess, 2nd Tracy Major.  Motion carried at 7:11pm.

At 7:22pm the Board reconvened.
  • Continuation of Application for a Major Subdivision from 3-17-2009 by: Gail Ellis (Tax Map R22, Lots 7-3 & 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 he has been working with Kevin Gagne of FST and the Town at the TRC meeting on the application.  The applicant is currently requesting the following waivers from the Subdivision Regulations because they are in conflict with the Road and Driveway Standards; 1.) 4.16 Street Design: which refers to the grade within 100 feet not exceeding 1%, 2.) 4.17 Classification of Streets: A. Design Specifications: Item #3 referring to the minimum grade being 5%, 3.) 4.17 Classification of Streets: A. Design Specifications: Item #9 requiring 100’ of horizontal tangent between reverse curves, 4.) 4.17 Classification of Streets: A. Design Specifications: Item #10 referring to the cross sectional requirements and 5.) 4.18 Street Improvements which requires the shoulder width off the edge of the proposed pavement to be 4’.  Charlie King motioned to grant the waiver request as presented from 4.16, 4.17 #3,9,and 10 and 4.18 based on submission by the applicant for Ellis Estates (Tax Map R22, Lots 7-3 & 10), 2nd Jim Horgan.   Motion carried with all in favor.

Mr. Berry presented another waiver request from Section 4.17 Classification of Streets: A. Design Specifications: Item #13 which requires 8” of base gravel to be placed under the proposed sidewalk.  Charlie K. responded by stating he feels 6” is acceptable as it is listed in the Road and Driveway standards but in no way does granting the waiver effect future sidewalk requirement discussions.  Jim Horgan motioned to approve the waiver request from Section 4.17 #13 as presented for Ellis Estates (Tax Map R22, Lots 7-3 & 10), 2nd Tracy Major.  Motion carried with all in favor.

Mr. Berry then presented that the applicant would like to modify the cross section by changing the materials on the sidewalks and edge of roadway and reduce the distance between the road and the sidewalk by 2 feet.  Paul asked if the area would be loamed and seeded and Mr. Berry replied they would design the area as Joel, the Roadway Agent, requested.  Jim asked what impact weather has on the surface they are proposing and Mr. Berry explained it has to be compacted the same as pavement so it will not detiorate.  The material they are proposing to use is NHDOT item 304.33 “crushed aggregate for shoulders.”  Paul asked what maintenance would be required and Mr. Berry replied light maintenance every 2-3 years consisting of adding small amounts of the material and rolling it in would be all that is required.  Paul noted the applicant has stated she is going to present the infrastructure to the Town for ownership and concerned that this material will cost the Town more to maintain.  Charlie K. asked what the slope of the shoulder is and Mr. Berry replied that right now it is 5% but they would change it to 2% if this change is allowed.  Jim stated he is opposed to a gravel sidewalk and would like to see asphalt.  Mr. Berry commented that they feel the regulations do not require bituminous concrete.  Mike agreed noting the regulations provide two alternatives for materials and the applicant has the right to request the use of this material.  Jim Horgan motioned to require the sidewalks in Ellis Estates (Tax Map R22, Lots 7-3 & 10) to be constructed from asphalt instead of gravel, 2nd Tracy Major.  Discussion followed in which Mike recommended the motion include why gravel should not be used because it is listed as an available option in the regulations.  Jim Horgan added the amendment to his motion that the requirement is for asphalt for aesthetic, safety and long term maintenance reasons, Tracy Major accepted the amendment and requested that the length of the road in excess of 400 feet be listed as a reason for the requirement and Jim Horgan agreed.  Mr. Berry asked if the Board has the right to limit the regulations and Mike replied that the regulations are limited but the Planning Board can create a higher standard.  Motion carried with Jim Horgan (yes), Cindy Snowdon (yes), Tracy Major (yes), Paul Parker (yes), Charlie King (no), Charlie Doke (no) and Tim Moody (no).

Mr. Berry noted that Joel Moulton provided comments on the Traffic Impact Findings by FST that stated he was not in favor of the reduced scope of review.  Charlie K. noted the Board made the decision to reduce the scope of work and justly so.  Mike stated Joel’s review was to FST’s first review and he needs to still review the 8/10/09 FST review.  Mike suggested Mr. Berry, Joel and FST meet for a final review.  Charlie K. asked Mike to be there to assist and Mr. Berry requested FST not be there because they already gave their final approval to the project and it would save the applicant money.  The Board was in agreement that FST could be excluded from the meeting.

Mike informed the Board that all the legal documents for the application have been provided to the Town and forwarded to Legal for comments.  The Board will receive copies of the documents with the Legal recommended changes when they come in.  Cindy asked to be furnished with the draft and the legal comments as well.

Mike then explained that he is aware of three bonding processes and they are;
        1. The plans are recorded once a bond is approved and established.
        2. The plans are recorded, no bond is in place and road construction commences,                 but no building permits are issued until the road and infrastructure is complete or     bonded.
        3. The plans are not recorded until the road is built or bonded.
Mr. Berry explained Ms. Ellis has not made a decision yet on bonding and will do so after she receives the construction estimates.  The Board was in agreement that options 1 and 2 would be acceptable because option 3 does not protect the Town.

Mike asked if the Wetlands and Dredge Permit was applied for and Mr. Berry replied that with the potential cross-section changes they did not but they will now.  Mr. Berry asked if the Board has an issue with changing the area between the road and the sidewalk to three feet and the Board agreed this change would be okay.

Mike asked if the Special Use Permit was approved and the Board replied they believe so, but Mike will double check.

The applicant requested an extension.  Jim Horgan motioned to grant the extension for Ellis Estates (Tax Map R22, Lots 7-3 & 10) and continue the application to 9-15-09, 2nd Tracy Major.  Discussion followed in which Cindy asked if the buffer of trees was resolved with Mr. Toussaint and Mr. Toussaint said yes.  Motion carried with all in favor.

At 8:50pm, Charlie King motioned to continue the meeting until 9:30pm, 2nd Jim Horgan.  Motion carried.

At 8:51pm, Jim Horgan motioned for a short recess, 2nd Charlie King.  Motion carried.

At 8:56pm, the Board reconvened.

  • Continuation of 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 located at 262 Chestnut Hill Road; Parcel is located in the Rural Residential (RR) Zoning District.
Randy Orvis of Geometry Blue Hills, LLC presented for the applicant.  Mr. Orvis asked where the 900’ dead-end road is measured to; whether it is the end of the road, middle of the hammerhead or end of the hammerhead.  Mike stated that it doesn’t really matter as long as the Board applies their decision consistently.  After much discussion; Charlie King motioned to determine the 900’ road length to be measured to the center of a cul-de-sac or the perpendicular intersection of a hammerhead, 2nd Paul Parker.  Motion carried.

Paul asked what the normal size of a hammerhead is and Mike explained there is no standard in the regulation.  Mr. Orvis explained that this plan reflects the minimum turning requirements for a tractor trailer.

Mr. Orvis then stated that they are requesting a waiver from Section 4.19 for sidewalks at this time.  Jim noted that the area for the sidewalks should be clearly delineated on the plans.  Mr. Orvis replied that there is a 50’ right-of-way delineated so there is plenty of room for a sidewalk.  Mr. Orvis will provide a note on the plan for sidewalks and an Easement for Sidewalks in the deed.  The Board stated they would also like a sidewalk easement line delineated on the plan.  Mike recommended a note be added to the plan that states future development may require construction of the sidewalks throughout the entire parcel.  

At 9:37pm, Jim Horgan motioned to extend the meeting until 10pm, 2nd Charlie King.  Motion carried.

Charlie King motioned to grant the waiver from Section 4.19 of the Subdivision Regulations for NiAshBre Estates (Tax Map R15, Lot 6) contingent upon 1. a 10’ sidewalk easement be delineated on the plan, 2) sidewalk easement be included in the deed and 3) the plan includes a note that future development may require construction of the sidewalks throughout the entire subdivision, 2nd Jim Horgan.  Motion carried with all in favor.

Charlie King motioned to accept the application by NiAshBre Estates (Tax Map R15, Lot 6) as substantially complete, 2nd Jim Horgan.  Motion carried.

Mr. Orvis stated the Planning Board requested FST review the drainage and storm water erosion control information and he is concerned with FST’s proposed scope of work.  He noted that he designed the plan for a 50 year storm and they requested information on a 25 year storm which doesn’t make any sense because he used a more stringent number.  Also, when he calculated the culvert sizes he considered the total volume from the site and surrounding the site and FST requested the volume for just the site which also does not make any sense to him because one would want to consider the run-off from abutting properties.  The Board replied they are not sure why FST would require these items but suggested Mr. Orvis and Mike contact FST for justification of their request and go from there.

Mr. Huckins asked why he was sent a bill for $130 for FST review when they haven’t even begun work on his application.  The Board was unsure and decided it was probably in error and asked Mike to follow through with this.  Mr. Huckins then asked why another engineer has to review the plans even though Town staff has already done so and Charlie explained that the Town does not have a professional engineer to review the applications and though Joel Moulton does have some education in reviewing the plans, he is not a certified engineer.  

At 9:58pm, Tracy Major motioned to extend the meeting until 10:30pm, 2nd Jim Horgan. Motion carried with all in favor.

Charlie K. asked if there is a draft Maintenance Agreement and Mike said yes and they have received Legal comment back on it.  The Board is going to review the document after the applicant has made the suggested Legal changes.

Jim Horgan motioned to continue the application for NiAshBre Estates (Tax Map R16, Lot 6) to 9-15-2009, 2nd Charlie King.  Discussion followed in which Mike asked Mr. Orvis to more clearly delineate the easement line for the back 70 acres.  Motion carried with all in favor.

NEW CASES:
  • Application for Minor Site Plan Approval By; Schaefer Rolls, Inc. (Tax Map R03, Lot 001-1); To allow for the building of a 16’ x 16’ addition of a filtration system shed.  Parcel is located at 23 Plank Industrial Drive in the Industrial Business (IB) Zoning District.
Deborah Breed of Schaefer Rolls, Inc. explained that they would like to add a 16’ x 16’ shed with no running water and which will house a single piece of filtering equipment.  The foundation is proposed to be sealed with epoxy so as to ensure secondary containment.  It was asked why the slope of the roof is different and Ms. Breed explained that there is a dust collection system nearby in which employees will be servicing and the slope of the roof will prevent snow and ice from falling on the employees while working.
Ms. Breed requested a waiver from Article 3 for Design Standards because all the site plan work was completed in 2002 when the building was approved.  Jim asked for the waiver to be requested on a separate sheet than the application.  Jim Horgan motioned to approve the waiver request from Article 3: Design Standards for Schaefer Rolls, Inc. (Tax Map R03, Lot 001-1) as presented, 2nd Charlie King.  Motion carried.

Charlie King motioned to accept the application for Minor Site Plan Approval by Schaefer Rolls, Inc (Tax Map R03, Lot 001-1) as substantially complete, 2nd Jim Horgan.  Motion carried.

Charlie K. asked who is doing the sealing of the secondary containment and Ms. Breed replied the epoxy sealing will be done by a sub-contractor.  Charlie then asked how much volume the tank will hold and Ms. Breed replied about 200-250 gallons.  The tank is servicing two machines that will be piped off of and into this proposed building for filtration and then sent back, plus they only wet grind about 25% of their work.  Charlie then asked if the applicant is aware of the proximity to well #6 and she said yes, they are not proposing any new operations but are actually just creating a better system with secondary containment.

Paul opened the floor for public comment but there was none.  Charlie King motioned to approve the application for Minor Site Plan Approval by Schaefer Rolls, Inc (Tax Map R03, Lot 001-1) with the standard Notice of Decision and Conditions of Approval being 1.) Certificate of Occupancy for the space not being granted until the Code Enforcement Officer has inspected the epoxy sealant of the secondary containment area as complete and 2.) the Owner shall keep manifests showing shipping of fluids and solids removed from sight for 3 years and make them available to the Town upon request, 2nd Jim Horgan.  Motion carried with all in favor.

  • Other Business:  Jim stated he is concerned with the amount of emails that are occurring and would like to discuss this at a future workshop session.  
Jim Horgan motioned to adjourn, 2nd Tracy Major.  Motion carried with all in favor.

Meeting adjourned at 10:42pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary





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Paul Parker, Chairman                   Date