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Planning Board Minutes 09/15/2009
TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – September 15, 2009
356 Main Street - Farmington, NH

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

Members Excused:        David Kestner and Cindy Snowdon

Selectman’s Rep:        Charlie King

Staff Present:  Interim Town Planner Mike Garrepy

Public Present: Gail Ellis, Chris Berry, Randy Orvis, Tom Huckins, Randy Toussaint, Ryan Corbett, Mrs. Corbett, John Weaver, Toni                                       Napolitano and Richard Delesandro.

Chairman Paul Parker called the meeting to order at 6:00pm and seated Jim Horgan for Cindy Snowdon and Glen Demers for David Kestner.

Business Before the Board:
  • Review of Minutes:
        a. Charlie King motioned to accept the 8-18-09 minutes as amended for a word    change, 2nd Jim Horgan.  Motion carried with Glen Demers abstaining.

        b. Charlie King motioned to accept the 9-1-09 minutes as amended to remove      Mike Garrepy from those in attendance, 2nd Jim Horgan.  Motion carried.

  • Other Business Before the Board:
        a. Mike Garrepy explained that the Verizon Wireless application was not put on tonight’s agenda due to staff error and that they would like to be put on the workshop agenda meeting if possible.  John Weaver of Verizon Wireless was present to ask for this hearing date.  Charlie King motioned to schedule the Verizon Wireless application on the 10-6-09 workshop agenda, 2nd Jim Horgan.  Motion carried with all in favor.

        b. Paul explained that Ryan Corbett made an application to the Zoning Board of Adjustment (after being advised by Town staff) and at the ZBA meeting the Board felt the application was for a home business and not a home occupation and should come to the Planning Board for site review.  Paul explained that Mr. Corbett would like to be on the workshop agenda as well, if the Board would be so obliged.  Mike stated that he and Dennis Roseberry (Code Enforcement Officer) reviewed the application and felt initially that it was better suited to the home occupation definition because they would meet the eight criteria.  Paul added that home businesses are in a detached dwelling, according to the regulations.  Charlie K. pointed out that he doesn’t disagree this is a home business but the nature of the business is not permitted in the AR in the Table of Permitted Uses.  Mike commented that he doesn’t feel the Table of Permitted Uses should be consulted with a home business or occupation.  

        Charlie King motioned to have the two new cases brought up in the agenda tonight, 2nd Jim Horgan.  Motion carried with all in favor.

        
PUBLIC HEARING 6:34PM
NEW CASES:
  • Preliminary Consultation for a Minor Site Plan Review Approval By: Ryan Corbett (Tax Map R04, Lot 004): To allow for Pre-existing garage and driveway to be used as commercial business by home owner for automotive service and repair.  Property is located in the Agricultural Residential (AR) Zoning District at 77 Ten Rod Road.
Mr. Ryan Corbett explained that he is proposing an automotive repair/service shop to be housed in his detached garage.  Jim asked what the width of the current driveway is and Mr. Corbett replied it is about 46’ wide though it is currently not paved.  Jim then asked what type of lighting there is and Mr. Corbett replied there is a motion light on the outside of the garage for his driveway.  Next Jim asked for the proposed hours of operation and Mr. Corbett explained he plans to work Monday through Friday 8am to 5pm.  Lastly, Jim asked how many cars he plans to have on site at one time and Mr. Corbett explained he is not sure how many is allowed and he would follow that rule first but he would expect to not have more than six vehicles on his property for service at one time (two in the garage and four outside).  Charlie K. stated that he is concerned with the number of vehicles in the yard and that there should be no outside storage of fluids, tires, etc.   

Mr. Corbett then requested to have his application heard at the workshop meeting.  Jim Horgan motioned to hear the minor site review application by Ryan Corbett (Tax Map R04, Lot 004) at the 10/6/09 workshop meeting, 2nd Tracy Major.  Discussion followed in which Charlie K. stated he would not be in favor of putting anymore applications on the workshop agenda because of the workload and this was not a Town error.  Paul stated he would be in favor of the motion because the ZBA could not offer any decision for the applicant and he feels this is a reasonable request.  Motion carried with Charlie King opposed.

  • Preliminary Consultation for a Major Site Plan Approval By: Toni L. Napolitano d.b.a Toni’s; DA Development, LLC (Tax Map R64, Lot 006); To allow for operation of a Breakfast and Lunch Restaurant.  Property is located in the Commercial/Industrial Business Overlay (CIBO) Zoning District at NH Route 11 #1207.
Ms. Napolitano explained she would like to open a breakfast/lunch restaurant which will be open from 5am to 2pm.  The building is existing and is 1437 sq. ft. and she is proposing a lunch counter with seating for 8 or 9 and 8 other tables.  Mike commented that he feels there are a few items that need to be addressed like parking, septic, traffic and such and he would recommend a full set of engineered plans be required.  He further noted that the current building is in disrepair and Dennis Roseberry has a lot of concerns.  Richard Delesandro, owner of the property, explained that there are three roads and 2 wells on site (no problem with water) and two septic systems (so the house in the back has its own septic).  He is not sure of the size of the septic but is willing to do what ever is needed.  Also, he will be installing a stockade fence between the business and the residence and enlarging the parking lot (the handi-capped parking will be on the current pavement with other parking on the side of the building on the gravel way.)  Charlie K. suggested the applicant work with Mike to go through the checklist and see what items pertain to her application and what she might need waiver requests for.

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

At 7:23pm the Board reconvened.
OLD CASES:
  • 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, informed the Board that they received final approval from FST (Fay, Spoffard & Thorndike) and supplied the Board with final plans.  Mr. Berry then pointed out that on pg. 26 of the plans; the applicant is proposing incidental excavation of 90,000 cubic yards of material.  After speaking with Mike, he made some adjustments to the page and Ms. Ellis would like the Board to act on this request.  Mr. Berry noted that there are no special or state permits required because there is an existing road to the site and they have an alteration of terrain permit.  Mike pointed out that the state and local subdivision permits need to be in place per RSA 155E:II.A and the Planning Board would need to determine the excavation incidental to construction before this excavation could occur.  Mr. Berry noted that the applicant would like the pit to have a 10 year lifespan with review each year.  

Paul asked what they are expecting the trucking to be and Mr. Berry replied that he is not sure, it would depend on the potential buyers but the applicant is certainly open to limiting the number of trucks per day or hour.  Paul then asked what the actual depth of the pit will be after excavation and Mr. Berry replied it will match the grade of the road, but at the highest point the elevation is dropping 46 feet.  Jim asked if the applicant can request an excavation permit and Mike replied yes, they can propose one for the October meeting.  Charlie K. noted this action would require a reclamation bond.  Jim stated he would be in favor of an excavation permit but he does not consider the excavation to be incidental to construction.  The Board was in consensus the proposed excavation would not be incidental and that it will require an excavation permit.  Ms. Ellis commented that the ZBA decision approved the removal of 25% slopes on 1/30/08 and then questioned why she should have to wait another month for an excavation permit.  Charlie King motioned to place the excavation permit by Gail Ellis (Tax Map R022, Lots 7-3 and 10) on the 10/6/09 agenda if have notice, bond estimate and bond review into the Planning office in time, 2nd Jim Horgan.  Motion carried with Tracy Major opposed.

Mr. Berry informed the Board that all FST, Public Works and State concerns have been resolved and that actually in Joel Moulton’s comments he stated the maintenance of the proposed sidewalks will be difficult and would be easier without the three foot gravel section between the road and the pedestrian way.  The Board was in consensus that this was discussed many times and pedestrian safety is the top priority so the median is needed.  Charlie K. pointed out that the cross section on page 31 of the plans has a note that says “gravel” but it should read “paved.”  Mr. Berry said he will fix this and that it is a scribner’s error.  Paul asked if the construction of the bus stop shelter is shown and Mr. Berry explained he did not include it but he can.  Charlie K. pointed out that at least two of the side should be transparent for safety purposes.  Mr. Toussaint asked if a provision can be made to install the buffer before the excavation begins.

Mr. Berry explained that the applicant also revised the documents with legal’s comments and has submitted to the Board for review.  The Board reviewed the Declaration.  Charlie K. pointed out that under Purpose-Use of Lots the last sentence needs to have “or assigns” after “Declarant” to make it consistent with the rest of the document.  Mr. Berry noted the change and stated that they also changed Exhibit A to make it a description of the entire project.  The Board suggested adding the lot numbers to the end of Exhibit A for reference.  

The Board reviewed the By-Laws.  Tracy asked if the by-laws should also be labeled Exhibit B because otherwise there is no cross reference between them and the Declaration.  Mr. Berry noted it was a good idea and will add Exhibit B to the title.  Tracy pointed out that on page 2 – Assignment of Rights – the two sentences are in conflict.  Ms. Ellis agreed and will remove the last sentence.  Paul noted that the meeting notices might need to be changed as well.  Ms. Ellis agreed to change the meeting notice on page 2 for the members to 30 days prior, the special meeting notice to 7 days prior and on page 3 for the Board, a 7 day notice will be given.  Lastly, Tracy pointed out that under Article VI (a) and (l) the Board had previously discussed wanting to list the bus shelter, cistern, etc.  Ms. Ellis replied it might be better to reference the Declaration and the Board agreed this was a good idea.

The Board reviewed the Cistern Agreement.  Ms. Ellis stated she missed the 2nd “even” to “event” in #4 and she will amend the document.  Charlie K. stated that under #3 the Planning Board can’t determine if the inspections can be at “no cost” and that “shall” needs to be changed to “may.”  Ms. Ellis agreed to strike “at no cost” and will change the “shall” to “may.”  A discussion was held on whether or not the Town should be responsible to fill the cistern if it is used for fire protection within the development and consensus was that it was fine the way it was written for the Town to fill the cistern if use it under any circumstance.  Charlie K. stated that #5 points to Exhibit A and the original A will need to be attached to this document.  Mr. Berry noted this change.

The Board discussed the Special use Permit for the wetland impacts proposed by the road construction.  Mike stated that he included it as a condition of approval in the draft Notice of Decision.  The Board recalled the discussion and had no problem granting the permit contingent upon the actual permit being applied for in writing.

At 8:56pm, Jim Horgan motioned to continue the meeting until 10:00pm, 2nd Tracy Major.  Motion carried.

Paul opened the meeting for public comment.

The Board reviewed the Draft Notice of Decision.  The Board discussed the mentioned Developer Agreement in which Mike stated he drafted one based on an example he found in the Governors Realty Subdivision.  Under #3 (Endorsement of Plans) Mike explained that he added the plat cannot be signed until the conditions precedent are complete and that he can include another section that outlines the specific precedent conditions.  Mike then stated that he added #9 (Construction Phasing) and that he pulled the wording out of the subdivision regulations.  Charlie K. stated he feels section (d) of this should be stricken because phasing of this would change the application; the Board agreed to strike (d).  Mike commented that he could not find in the regulations when the clock starts for road construction and permit pulling.  After much discussion, Jim Horgan motioned that phasing will start at the signing of the plat, 2nd Charlie King.  Motion carried with Tracy Major opposed.

In continued review of the Draft Notice of Decision it was noted under (f) – Construction Phasing the wording needs to be changed to read that completion of the roadway and drainage infrastructure improvements through binder course needs to be completed within “2” years.  Charlie K. stated he would want to see the top coat within one year of the binder course and the Board was in consensus this would be best.  Mike will remove section (g) because there is not phasing of the road.  Charlie K. then noted that the Bond sections should be worded the same in that bonds should be reviewed by Town staff before going to the Board of Selectmen for acceptance.  The Board agreed.  Excavation Permit - #17 shall be removed and reference should be made that an excavation permit shall be required.  Under #18 – Fire Department – Certificate of Occupancy needs to be changed to building permit; plus the cistern should be reviewed and approved by a Town designated engineer.  Under #19 – Cistern Agreement – the Certificate of Occupancy needs to be changed to the first building permit.  Lastly, Under #21 – As Built Plans – the plans should be tied to completion of the top coat and prior to the release of the final bond.

Paul closed the Public Hearing.

Jim Horgan motioned to grant the Special Use Permit for the Ellis Subdivision (Tax Map R022, Lot 7-3 and 10), 2nd Charlie King.  Motion carried with Tracy Major and Tim Moody abstaining.

Jim Horgan motioned to grant approval for the Major Subdivision by Gail Ellis (Tax Map R022, Lots 7-3 and 10) with the modified Draft Notice of Decision and the following conditions; 1. Farmington Public Works Department is given progress reports on a timely basis, 2. Construction oversight by an outside engineer and in conjunction with the Public Works Director and 3. all the changes discussed tonight to the documents, 2nd Tracy Major.  Motion carried with all in favor.

At 9:50pm, Tracy Major motioned for a short recess, 2nd Jim Horgan.  Motion carried.

At 9:58pm, the Board reconvened.  Tracy Major motioned to extend the meeting until 10:30pm, 2nd Charlie King.  Motion carried.

  • 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 stated that he reviewed FST report and made the necessary changes including a written application for a Special Use Permit.  He also has written waiver requests from the 80’ vertical curves to 30’ vertical curves (this was okay with FST) and is included in the Town road specifications, plus it is safer because it limits puddling and icing on the otherwise flat road.  Charlie noted the written waiver needs to be amended to be a 30’ curve from the stated “40’.”  Mike commented that FST has not reviewed the changes made by the applicant as a result of their comments.
Mike explained that the original FST estimate was for 20 hours at $2600 and he has clarified the scope of work with them and instructed them to review the plans per the Town’s regulations.  FST has since gone over the 20 hours without authorization and now wants an additional $2000 to review the final changes.

At 10:21pm, Tracy Major motioned for a recess, 2nd Charlie King.  Motion carried.

The Board reconvened at 10:27pm.  Jim Horgan motioned to extend the meeting until 11:00pm, 2nd Tracy Major.  Motion carried.

The Board reviewed FST review with Mr. Orvis’ responses to each suggestion.
  • Comment #5 – the intersection radii needs to be labeled to meet the 30’ minimum
  • Comment #8 – Mr. Orvis stated that the drainage calculations say one 12” culvert is sufficient but they are proposing two culverts.  The Board was in consensus they did not have an issue with this.
  • Comment #9 – Mr. Orvis stated he always knew the diameter of the culvert to be the depth of the cover and he is not sure why FST suggested a 4’ cover.  In the specifications by Advanced Drainage Systems, Inc. it is suggested to have at least 12” of cover and the applicant is proposing 18”.  The Board was in consensus they did not deem this as an issue.
  • Comment #10 – Mr. Orvis will revise the profile to show shoulders of 5%.
  • Comment #15 – Mr. Orvis stated he referenced a Maine document because it was updated recently and New Hampshire’s has not been updated in many years.  The Board agreed this would be okay.
  • Comment #16 – The area mentioned was a logging area and when the applicant is done the ground will accept the water better and will be a definite improvement to the current conditions.  The Board agreed this was okay.
Charlie K. stated he did not feel there were any outstanding issues for FST to review.  Mike stated there are still outstanding issues though with his comments and he and Mr. Orvis can review them together.  Mike will have a draft Notice of Decision for the next meeting.

Jim Horgan motioned to continue the application for a major subdivision by NiAshBre Estates (Tax Map R15, Lot 006) to October 20, 2009, 2nd Tracy Major.  Motion carried with all in favor.

Tracy Major motioned to adjourn, 2nd Jim Horgan.  Motion carried with all in favor.

Meeting adjourned at 11:16pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary





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Paul Parker, Chairman                   Date