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Planning Board Workshop Meeting Minutes 10/06/2009
TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – October 6, 2009
356 Main Street - Farmington, NH

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

Selectman’s Rep:        Charlie King

Staff Present:  Mike Garrepy, Interim Town Planner

Public Present: David Whitman, Peter Cook, Ryan Corbett, Carol Corbett, Gail Ellis, Rene Toussaint, Ken Berry and Terry Grant.

Chairman Paul Parker called the meeting to order at 6:11pm.

BUSINESS BEFORE THE BOARD:
1. Review Fire Protection Regulations Review:
        Paul informed the Board that the Fire Chief was unable to make it to the meeting        due to unforeseen events.  Paul Parker motioned to continue the discussion on   the fire protection regulation to November 3, 2009, 2nd Charlie Doke.  Motion   carried.

2. Discussion of Subdivision Regulations:
Charlie King motioned to continue the discussion on the Subdivision Regulations to November 3, 2009, 2nd Dave Kestner.  Motion carried.

3.  Other Business to Come Before the Board:
  • PSNH is doing line upgrades in the Governors Road area.
  • Paul informed the Board that there was a complication (lines through the text) with recording the mylar at the Registry of the Deeds for the North and South Investors project.  Mike further explained that the Registry does not want to record non-residential site plans for municipalities anymore, however they will continue to register Notice of Decisions.  The signed plats for these approved applications will be filed in the Planning Office.  Mike further added that Leo Lessard from the Registry volunteered to come speak with the Board to explain the changes.  Paul will contact Mr. Lessard to schedule a visit with the Board.
At 6:26pm, Charlie King motioned for a short recess, 2nd Tracy Major.  Motion carried with all in favor.

At 6:33pm, the Board reconvened.

PUBLIC HEARING

CONTINUED CASES:
NONE

NEW CASES:
  • Amendment to Minor Site Plan Approval By: Verizon Wireless (Tax Map R30, Lot 5) To alter twelve (12) panel antennas to be collocated on the existing 560 foot communication tower, increase the number of coax cables and to add an emergency generator to be located on the ground;  Property is located at 623 Ten Rod Road in the (AR) Agricultural Residential Zoning District.
Dave Kestner recused himself from the application and Chairman Parker seated Jim Horgan in his seat.  David Whitman and Peter Cook presented on behalf of Verizon.  Mr. Whitman explained that Verizon Wireless is proposing to amend their original plans to upgrade three of the 47” antennas with three 75” Long Term Evolution antennas with the total number of antennas remaining at twelve.   As a result of this change they need to increase the number of coax cables to eighteen in order to properly support the antennas.  Lastly, they would like to install a 60 KW generator within the existing fenced in compound of the facility.

Paul asked for the proposed height of the antennas and Mr. Whitman replied that it would remain as 250’ as previously approved.  Paul then followed up by asking if there will be any additional fuel stored on site for the generator and Mr. Whitman replied no, any fuel would be transported in when it is needed.  Paul then questioned if there would be exhaust from the generator and Mr. Cook replied that the tower is about 1200’ to the nearest residence in a heavily wooded area.  Charlie K. asked what the DB is for the generator and Mr. Cook replied 63 DB at 20 feet.  Cindy stated that she would like to see the generator stored inside so the noise does not impact the abutters.  Mr. Cook explained that they are proposing a standard self-contained generator and in fact a vacuum cleaner is actually louder than this generator would be.  Plus they are installing the generator to meet the FCC regulations of back-up power.  Both Charlie K. and Jim commented they did not feel the outside placement of the generator was an issue.

Mike stated the applicants proposed amendments are consistent with the provisions of Zoning Ordinance section 3.11 – Telecommunications Towers/Structures and the previously granted site plans conditions of approval.  Charlie K. asked if all the previously approved supports were installed and signed off on yet and Mr. Whitman replied that he believes this is still ongoing.

Charlie King motioned to accept the application by Verizon Wireless for an amendment to Minor Site Plan Approval (Tax Map R30, Lot 5) as substantially complete, 2nd Jim Horgan.  Motion carried with all in favor.

The Board questioned if the larger antennas and increase in coax cables will affect the wind ratings and Mr. Cook stated that a licensed PE would definitely sign off them and provide a report to the Town on their adequacy.  It was also determined that the length of the antenna has no significant consideration.

Charlie King motioned to approve the application for an Amendment to a Minor Site Plan Approval by Verizon Wireless (Tax Map R30, Lot 5) conditional upon; 1. structure review updated by a licensed engineer with the report submitted to the Code Enforcement Officer prior to the issuance of a building permit, 2. all prior approvals stay in force and 3. all construction and installation of improvements be inspected prior to the issuance of a Certificate of Occupancy, 2nd Jim Horgan.  Motion carried with all in favor.

  • Application for Minor Site Plan Review 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 in the Agricultural Residential (AR) Zoning District.  Parcel is located at 77 Ten Rod Road.
Charlie King recused himself from the application and Paul Parker seated Glen Demers for Charlie King.  Mr. Corbett explained that he is proposing a home-based automotive repair and service shop.  Paul asked if Mr. Corbett attended the TRC meeting and Mr. Corbett replied that there was not a TRC meeting for his application.  

Paul stated that because the business is proposed to be housed in the detached garage he believes it meets the definition of a home business.  Dave replied that he is not how a garage is an accessory.  Mr. Corbett stated that the garage is huge and almost commercial in size.  Dave stated that under the Table of Permitted Uses this type of business is not an allowed use in the Agricultural Zone (AR); also a home business cannot alter the residential character of any zone.  The Board discussed whether or not the business is permitted or not due to it being proposed as a home business.  Mike stated that the ordinance is a little flawed and that the Board needs to decide if the application alters the residential character.  

Paul opened the public hearing for the application.  Carol Corbett stated that in looking at the zoning it appears there is an Industrial Zone proposed for directly behind their lot and Dave replied that he believes she misread the map because the only zoning changes were on Rte. 11.  Terry Grant, resident of 246 Ten Rod Road, stated that she is unsure if an automotive business is a suitable use in the AR.  

Mike stated that he does not believe the Board should be tying a home business to the Table of Permitted Uses.  Paul polled the Board to see if they felt the application was substantially complete and Dave replied that he feels the drainage details, waivers, buffers and restrooms are missing.  Mike explained that the application is for a minor site plan and does not require meeting any regulations past Section 18 of which the application requested a waiver from and he would recommend granting.  Mike also added that he believes the application is complete and reminded the Board again that they needed to decide if the application impacts the residential character.  

Paul Parker motioned to accept the application as substantially complete with the granting of the waiver from Section 18 for the Minor Site Plan Review by Ryan Corbett (Tax Map R04, Lot 004), 2nd Charlie Doke.  Motion carried with all in favor.

Paul Parker motioned to accept the waiver from Section 18 for the Minor Site Plan Review by Ryan Corbett (Tax Map R04, Lot 004), 2nd Charlie Doke.  Motion carried with Tracy Major and Dave Kestner opposed.

Jim asked the applicant to define the driveway and Mr. Corbett explained the actual opening for the driveway is about 20 feet but the entire existing gravel driveway is up to 45 feet wide and 150 feet long.  Cindy commented that the width of the driveway as proposed is one thing that is holding her back from approving the application and that she would like to see photos of how the area looks presently to ensure the rural character of the area would not be affected.

Mike questioned if there is a reliance on the Table of Permitted Uses for the application by the Board and if they would like a legal opinion on whether or not the definition of a home business is tied to the Table of Permitted Uses.  He further commented that he does not believe the two are tied because in the Table it states that a home business is permitted with review.  The Board agreed to have Mike contact Legal with this question.

Glen Demers motioned to continue the application for a Minor Site Plan Review by Ryan Corbett (Tax Map R04, Lot 004) to 10/20/09, 2nd Tracy Major.  Motion carried.

At 8:35pm, Dave Kestner motioned for a recess, 2nd Tracy Major.  Motion carried.

  • Application for Excavation Permit By: Gail Ellis (Tax Map R22, Lot 7-3 & 10): To allow for removal of excess materials from subdivision development, in the Agricultural Residential (AR) Zoning District.  Property located on Ten Rod Road and Poor Farm Road.
Ken Berry of Berry Surveying and Engineering presented that a revised plan was submitted to the Town on 9/21/09 with the request to remove approximately 90,000 cubic yards of earth material.  The top soil will be left on-site but some material underneath will be sold and some used; all from lots 10-11, 12 and 10.  The applicant is proposing an excavation that is approximately 4 acres in surface area but will only be opening 1 acre pieces at any given time per the Town Staff request.  

Mr. Berry also stated that their bond estimate was also delivered to the Town on 9/21/09 and they received a response from Joel Moulton, Public Works Director, on 10/5/09 that he did not agree with the estimate.  Mr. Moulton suggested a $20,000 road bond with $32,000 for reclamation and their estimate was for $10,000.  However in the interim discussions have been held and once they get a little more information to Mr. Moulton in the next few weeks they feel they can come to an acceptable bond by both parties.  Mike suggested that the Board not act on the bond estimate because it is not complete.

Charlie Doke motioned to extend the meeting until 9:30pm, 2nd Charlie King.  Motion carried.

Charlie King stated that originally the applicant was proposing to have two acre parcels open at a time for excavation and questioned how the change to 1 acre will affect the 5 year limit on the whole project.  Mr. Berry replied that the only effect will be that the contractor will have to more conscientious on only having one acre open at a time.  Dave asked if the applicant could break out where the Phases will be and how they will progress and Mr. Berry replied that the on-site contractor will make those decisions based on the materials he finds.

Paul asked if the excavation is planned for prior, during or after road construction for the subdivision and Mr. Berry replied all three.  Charlie K. stated that the current access to the open face is not sufficient for two trucks to pass side by side and questioned how this will impact the wetlands.  Mr. Berry replied that the traffic will have to be controlled on-site.  Charlie K. noted that the two existing wetland crossings will probably have to be improved upon.  Mr. Berry replied that they feel the current road conditions can handle the proposed excavation traffic but he will get the contractor on-site to offer his opinion.

Cindy asked if Joel Moulton or an outside engineer will be reviewing this process and if there are going to be houses sold during the excavation because then there are safety issues.  Charlie K. stated that with the way the plan is approved the majority of the excavation should be complete before any homes are put in.  Dave noted there where no notes in reference to containment of dust and dirt debris and no notes for signage of construction vehicles turning.  Mr. Berry noted this and will make the changes.

Rene Toussaint, abutter, asked how much material is proposed to leave the site and Mr. Berry replied he is not sure.  Mr. Toussaint stated that Chris Berry stated at the ZBA meeting approximately 60,000 cubic yards would go off-site and he would like to see the hours of operation to be Monday through Friday 8am to 4pm.  He then added that Joel Moulton had stated this operation could destroy Ten Rod Road depending on the time of year the trucking is done.  Jim agreed and noted the potential of this being a commercial operation and then suggested limiting the excavation to two years.

Terry Grant, abutter, stated that early in the application all the materials were proposed to be used on-site and is concerned that this “commercial gravel pit” will affect her quality of life and the agricultural character.

Paul stated that he is concerned that too much material will be trucked out and then later materials will have to be trucked in because there is not enough on-site.  Ms. Ellis commented that she does not have a prospective buyer right now for any of the materials.  Mike asked for rough calculations on how much material will be needed within the development.  Mr. Berry replied that he would put together some numbers though they would be estimates.  Charlie asked the applicant if she had an issue limiting he materials going off-site to 60,000 cubic yards and she replied no.  Cindy also suggested having a notification to potential lot buyers that it is an open excavation site and Ms. Ellis replied she would do that.

At 9:38pm, Charlie Doke motioned to extend the meeting until 10pm, 2nd Charlie King.  Motion carried.

Mike reminded the Board that this excavation has been part of the application since the beginning and it has been reviewed by Town Staff, FST and the State.  Paul asked how the excavation will affect the wetlands.  Mr. Berry replied the contractor should not affect the wetlands at all and all the drainage calculations were considered in the application.  Tracy asked if the excavation will commence before the buffers are installed.

The Board discussed the length of the permit and Mike reminded the Board that the applicant already agreed to a yearly compliance review.  Paul commented that he is concerned the road is being built to Town standards for a residential road and not for commercial trucks.  Mr. Berry replied that the standards are extremely stringent and there should be no problems.

Charlie King motioned to continue the application for excavation permit by Gail Ellis (Tax Map R22, Lot 7-3 and 10) to 10/20/09, 2nd Tracy Major.  Motion carried with all in favor.  Cindy noted that she will not be willing to discuss anything that she does not have paperwork on at the meeting.

At 10:02, Dave Kestner motioned to adjourn, 2nd Charlie King.  Motion withdrawn.

  • Other Business to Come Before the Board
  • Mike reminded the Board that they asked him to look at FST and the original RFP as to how they were established with the Town.  He explained that the proposals went through a review process by Dan Merhalski, previous planner, and that the Town is under a non-binding contract with them through 2010 with the limit of the contract being that their hourly rate cannot change.  He further stated that if the Board is not happy with FST then he would suggest putting out a new RFP but notifying the original responders to give them another chance to bid.  Jim suggested going through the bidding process.
  • Mike reminded the Board that FST charged six hours over their estimate for NiAshBre Estates without permission and he will contact them to let them know they are responsible for those six hours, not the applicant or the Town.
  • Mike informed the Board he recently discussed a development idea for 100 acres with Class 6 frontage in which he suggested the applicant go before the Selectmen for approval.  Charlie K. stated there is a requirement for frontage on a Class 5 road or better and Mike replied he knows that which is why he suggested they address the Selectmen and request them to open the road as a Class 5 road.
At 10:18pm, Dave Kestner motioned to adjourn, 2nd Charlie King.  Motion carried.

Meeting adjourned at 10:18pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary





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Paul Parker, Chairman                   Date