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Planning Board Minutes 10/20/2009
TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – October 20, 2009
356 Main Street - Farmington, NH

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

Members Absent: Charlie Doke and Tim Moody

Selectman’s Rep:        Charlie King

Staff Present:  Mike Garrepy, Interim Town Planner

Public Present: Ryan Corbett, Carol Corbett, Gail Ellis, Rene Toussaint, Chris Berry, Tom Huckins, Randy Orvis, Holly Atwell, Butch Barron,                             Randy Tetreault, Sally Mackenery and Terry Grant.

Chairman Paul Parker called the meeting to order at 6:04pm.

BUSINESS BEFORE THE BOARD:
1. Review and Approve Meeting Minutes of 9-15-09 and 10-6-09:
  • Charlie King motioned to accept the minutes of 9-15-09 as amended, 2nd Jim Horgan.  Motion carried with Dave Kestner abstaining.
  • Charlie King motioned to table the minutes of 10-6-09 to the 11-17-09 meeting, 2nd Tracy Major.  Motion carried with all in favor.
2.  Other Business to Come Before the Board:
  • Paul informed the Board that he contacted Leo Lessard of the Strafford County Registry of Deeds and he will be coming to the 11/3/09 meeting.  Also on the agenda for this meeting are the fire protection regulations, subdivision regulations and maybe wind turbines.
  • Mike informed the Board that they received revised copies of the cistern agreement for Ellis Estates for their review and that the document is awaiting the Chair’s signature before it is filed.  Tracy Major motioned to accept the revised cistern agreement for Ellis Estates with exhibit A attached, 2nd Jim Horgan.  Motion carried with all in favor.
Mike informed the Board that he had a discussion with FST, as a courtesy, that the Town is requesting new proposals for an outside engineer.  He also informed FST that neither the Town nor the applicant for NiAshBre Estates is liable for the six hours they charged over their estimate because they did not have permission to exceed the estimate.
Paul seated Glen Demers for Charlie King and Jim Horgan for Tim Moody.



PUBLIC HEARING at 6:33pm

CONTINUED CASES:
  • Continuation of Application for a Major Subdivision Permit Approval By: NiAshBre Estates; Thomas E. & Michelle P. Huckins (Tax Map R15, Lot 006); To allow for 4 lot subdivision.  Property located at 262 Chestnut Hill Road, located in the (RR) Rural Residential Zoning District.
Randy Orvis of Geometry Blue Hills, LLC, informed the Board that they expect all approvals from the State within the next week because the Army Corps has signed off on the application.  Dave asked what the initial build-out is for the future pedestrian way because a contractor would never be able to get the same level of compacted gravel in the future.  Mr. Orvis replied that they are providing a detached easement of the road so the pedestrian way will not have to match the roadway.

Mike reminded the Board that the sidewalk waiver was granted but the Board still needs to act on the vertical curve waiver and the Special Use Permit.  Also, he would not be concerned with the Board approving the application with the condition of approval that all staff notes be addressed because they are housekeeping items.  Cindy suggested attaching Mike’s memos as exhibits to the Notice of Decision and the Board agreed this would be a good idea.

Paul asked if third party review would be needed for road construction.  Mike stated this is part of the Notice of Decision #15 and Exhibit C.  Mr. Orvis commented that on exhibit C #9 and #10 should be deleted; Mike and the Board concurred.  Cindy commented that on Exhibit A the Developer Agreement needs to be updated with the latest revised plan date.

Charlie asked what the extent of the impact area is for the Special Use Permit.  Mr. Orvis replied the total area impacted is 15,086 square feet in the roadway and infrastructure.  The Board reviewed the Special Use Permit application.  Jim Horgan motioned to grant the Special Use Permit for NiAshBre Estates (Tax Map R15, Lot 006), 2nd Glen Demers.  Discussion followed in which a friendly amendment was accepted by both Jim Horgan and Glen Demers to include the 15,086 square footage (the amount of impact) and the State Permit number once it is included should be added to the Special Use Permit.  Motion carried with all in favor.

The Board reviewed the request for Waiver from a road vertical curve less than a minimum of 80’ to a 30’ curve.  The Board noted that they needed an amended waiver request.  Jim Horgan motioned to grant a waiver from the vertical curve requirement contingent upon receiving an amended waiver request from 40’ to 30”, 2nd Glen Demers.  Motion carried.

Charlie King motioned to amend Exhibit C to remove items #9 and #1, 2nd Jim Horgan.  Discussion followed in which Mr. Orvis asked if a full time observation is necessary under #7 and questioned if they can do test bores instead at the applicant’s expense.  The Board discussed it and decided that minimal observation would be acceptable.  Charlie King and Jim Horgan both accepted the friendly amendment that under #7 the paving inspection and observation would be done on a schedule as determined by the Town’s designated agent in coordination with the Department of Public Works.  Motion carried with all in favor.

The Board reviewed Exhibit B and agreed it was acceptable the way it read.  Paul opened the public hearing and there were no comments.  Mr. Orvis stated the applicant would like #12 – Delineation of a wetland buffer, removed from the Notice of Decision because buffers are subject to nature and this application has Class 3 wetlands that do not require a 50’ buffer.  Mike agreed this was not necessary and the Board agreed.  Dave suggested changing #14 of the Notice of Decision to put a period after utilities and striking the remaining part of the sentence; the Board agreed this was a good idea.

Paul closed the public hearing for the application.  Jim Horgan motioned to approve the application for a Major Subdivision Permit Approval by NiAshBre Estates (Tax Map R15, Lot 006) in accordance with the amended draft Notice of Decision and the attached memo from Mike Garrepy dated 8-13-09, 2nd Charlie King.  Motion carried with all in favor.

At 7:30pm, Dave Kestner motioned for a short recess, 2nd Tracy Major.  Motion carried.

At 7:37pm, the Board reconvened.

  • 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.  The applicant, Ryan Corbett, provided the Board with a revised packet that included photos and a driveway revision in which he cut the previously proposal by 40%.  Cindy asked if the slope at the end of the driveway leads into the road and Mr. Corbett replied yes, a little.  Cindy commented that she would like Joel Moulton, of the DPW, to review the driveway so it is constructed appropriately and does not cause drainage issues in the road.

Paul informed the Board that a response came in from Legal on whether or not the Table of Permitted Uses is consulted with a home business. Mike stated that the response from Legal was no, the application is specific to the definition of a home business only and the Board needs to decide if the application alters the residential character of the building or grounds.  Cindy commented that the Board will need to work on this area of the Regulations.

Paul opened the Public Hearing for this application.  Sally Mackenery, resident of Ten Rod Road, asked how big the sign will be for the business and Mr. Corbett replied he has to meet code and it would not be bigger than 6 square feet.  Terry Grant, resident of Ten Rod Road, asked how the Board will determine on this application and future ones on what level of usage would be acceptable for the zoning and Paul replied that this will need to be addressed by the Board.

Paul polled the Board on their opinion of the application.  Jim commented that he is not convinced this business lends itself to the residential character of the neighborhood.  Dave agreed and added that he is also not sure if it would be an incidental accessory use.  Glen commented that he does not have a problem with the proposal but he would like to see more screening in the front.  Tracy commented that she feels the ordinance conflicts and that the stricter definition should apply and that this application would affect the residential character.  Cindy questioned if members of the Board would be more in favor if a sufficient buffer was created.  Mike commented that if the Board is moving in this direction than a plan depicting the agreed upon screening should be created.

The Board discussed that the parking needs to be condensed to 4 spaces not counting the two for the Corbett’s personal vehicles.  The applicant agreed to this.  Dave asked how the applicant is planning to store waste.  Mr. Corbett replied he will be reinstalling a dumpster on the left of the driveway that will be buffered by existing trees.  Mike suggested the applicant bring back a plan with the dumpster and screening added and the parking amended.  Cindy suggested having Joel Moulton visit the site to make suggestions for drainage off the driveway.

Jim Horgan motioned to continue the application for a Minor Site Plan Review by Ryan Corbett to 11/17/09, 2nd Glen Demers.  Motion carried with all in favor.

  • Application for Excavation Permit By: Gail Ellis (Tax Map R22, Lot 10); To allow for removal of excess materials from subdivision development, in the Agricultural Residential (AR) Zoning District.  Property is located on Ten Rod Road and Poor Farm Road.
Charlie King rejoined the meeting.  Chris Berry of Berry Surveying and Engineering, LLC stated that pursuant to the last Board meeting he has attempted to satisfy the concerns raised in the latest plan set with the revision date of 10-14-09.  He walked the site with Mike Garrepy and Joel Moulton and Joel has some concerns.  Those concerns were; 1. trees need to be removed to increase the sight distance for oncoming traffic and adequate turning radius for construction vehicles (on right hand side toward Rochester and within the scope of tree removal for the subdivision), 2. placement of a stone pad for the width of the entrance for a length of 50” to reinforce the edge of pavement and minimize siltation or fines on Ten Rod Road due to trucks entering and exiting, 3. signage depicting “trucks entering”, 4. installation of silt fence in shoulders of crossing to keep debris and siltation from entering wetlands and 5. two pull-offs constructed at each wetland crossing.  Mr. Berry stated that he has addressed all these concerns in the plan set.
Mr. Berry also stated that he added dust control notes on the plan and hours of operation.  He also thought it was important to note that this application is independent of the Subdivision and is an allowable use in the zone and the ZBA approval was to disturb 25% slopes.  When they applied to the ZBA they had to make a lot of assumptions and with the road change the number of square feet may change.  Charlie King stated that he believes the application should stay consistent with no more than 60,000 square yards leaving the site because that is what was presented to the ZBA.

The applicant proposed operation hours of Monday through Friday 8am to 5pm and Saturday 8am to 12pm.  A lengthy discussion was held and within that discussion abutters stated they would not be in favor of Saturday hours.  Cindy asked if crushing is proposed and Mr. Berry replied no, he doesn’t think it will be needed but if they find they do need one then they will re-notify the abutters and return to the Board.  The Board came to a consensus that the hours of operation should be Monday through Friday 8am to 4pm and Saturday 10am to 2pm within no operations on State holidays.  Mr. Berry asked if they change the amount of yardage to be removed off-site do they need to go back to the ZBA and the Board replied yes.

At 9:12pm, Charlie King motioned to continue the meeting until 10pm, 2nd Jim Horgan.  Motion carried.

The Board discussed the bonding for the application.  The applicant worked with Joel Moulton to come to an agreed upon bond amount of $14,238 for reclamation of 1 acre of land and $12,350 for pavement overlay.  Mike suggested adding a 10% contingency and reminded the Board that the bonding has to go to the Selectmen for final approval.  After, polling the Board the consensus was the bond as is should go to the Selectmen without the contingency.

The Board reviewed the draft Notice of Decision for the application.  Mr. Berry noted that lot 7-3 is not part of this application.  Mike stated that he needs to add a section for validity for the permit to be for four years and reviewed each year, note the  Hours of Operation and add 7 (d) with a note to limit the number of cubic yards to be removed from the site to 60,000 cubic yards.  In #10 the sentence referencing the 10% contingency needs to be deleted and Joel’s memo dated 10-15-09 to the Planning Board needs to be referenced and attached.  Mr. Berry then stated that the applicant would like the ability to obtain a letter of credit in lieu of a bond and the Board agreed this would be satisfactory and added it to the Notice of Decision.  Charlie King motioned to approve the application for Excavation Permit (Tax Map R22, Lot 10) per the amended draft Notice of Decision, 2nd Jim Horgan.  Motion carried.

At 9:30, Dave Kestner motioned for a recess, 2nd Tracy Major.  Motion carried with all in favor.

The Board reconvened at 9:38pm.

NEW CASES:
  • Application for 2-lot Subdivision by: Elmer III & Mary L. Barron (Tax Map R64, Lot 035); To Subdivide the existing approximately 13.85 acre parcel into (2) parcels, in the Agricultural Residential (AR) Zoning District, Parcel is located at 249 Ridge Road.
Randy Tetreault, of Norway Plains, explained the application is to take a 3 acre lot out of a 13.85 acre parcel and that they are applying under a rear-lot development.  There is 386’ of frontage and they show a 50’ right of way going in 100’ with a shared driveway.  They have a written waiver request from Subdivision Regulations Section 4.06.01 to eliminate the need for full site feature information for the remaining 10.85 acres.  Charlie asked what the typical make-up of the land that is unsurveyed is and Mr. Tetreault replied that a majority of it is upland.  

Mr. Tetreault stated that note 6 on the plan is incorrect in that the property is not in the 100 year flood zone and he will change that.  He also agreed to address all Mike Garrepy’s housekeeping issues in regards to notes and such.

Jim Horgan motioned to grant the waiver request from Subdivision Regulation Section 4.06.01 to provide existing conditions such as topography and wetlands for the entire 10.85 acre rear lot for Tax Map R64, Lot 035, 2nd Glen Demers.  Discussion followed in which Charlie King noted he is in favor of granting this waiver because it is justified and consistent with previous waiver requests of this nature.  Motion carried with all in favor.

Charlie King motioned to accept the application for a 2-lot subdivision by Elmer and Mary Barron (Tax Map R32, Lot 023) as substantially complete, 2nd Jim Horgan.  Motion carried with all in favor.

Paul opened the public hearing and there was no public comment.  Mike informed the Board some changes needed to be made to the draft Notice of Decision and they are; 1. add 7 (c) – easement description for shared driveway needs to be provided, 2. add noted to meet all concerns noted by Town Staff in a memo dated 10-20-09 and attach that memo to the decision and 3. revise note #6 to read “not” in flood zone – Section 7 (d).  Dave Kestner motioned to approve the application for a 2-lot subdivision by Elmer and Mary Barron (Tax Map R64, Lot 035) with the amended Notice of Decision, 2nd Charlie King.  Discussion followed in which Paul closed the public hearing for the application.  Motion carried with all in favor.

At 10:02, Charlie King motioned to continue the meeting until 10:30pm, 2nd Jim Horgan.  Motion carried.

  • Application for Minor Site Plan Review By: Holly Atwell (Tax Map R32, Lot 023); To allow for the construction of a 14’ X 16” storage shed for use with her business, The Pet Pantry,LLC, in the Suburban Residential (SR) Zoning District.  Parcel is located at 188 Main Street.
Charlie King recused himself.  Ms. Atwell explained she is proposing to build a 14’ x 16’ storage shed for grain storage in the horseshoe part of the driveway.  Jim asked if the shed will be on blocks and within 25’ of the road frontage.  Ms. Atwell said yes and she will have a foundation survey completed to ensure the 25’ setback requirement.  Paul why she picked this location and Ms. Atwell explained she has no other flat feasible space and this would have the best exposure and stated that the shed will be constructed of wood to match the country atmosphere of the home.

Tracy stated she is not sure this application does not impact the residential character and Dave replied that this property is in the SR zoning district and very close to the CIBO, plus it abuts the golf course.

Jim Horgan motioned to grant the waiver request from Article 3, Section 18 – Design Standards of the Subdivision Regulations for Tax Map R32, Lot 023, 2nd Paul Parker.  Motion carried.

Jim Horgan motioned to accept the application for a minor site plan review by Holly Atwell (Tax Map R32, Lot 023) as substantially complete, 2nd Glen Demers.  Motion carried.

Paul opened the public hearing and seeing there was no public comment he closed it.

Dave Kestner motioned to approve the application for a minor site plan review by Holly Atwell (Tax Map R32, Lot 023) as presented contingent upon a foundation survey being completed to ensure the 25’ setback requirement is met on the Main Street line before issuance of the Certificate of Occupancy, 2nd Cindy Snowdon.  Discussion followed in which Jim asked if there is any other place the shed could go and Ms. Atwell replied no, not unless she spent $12,000 to fill in the left side of her property.  Motion carried with all in favor.

At 10:24pm, Dave Kestner motioned to adjourn, 2nd Glen Demers.  Motion carried.

Meeting adjourned at 10:18pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary





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Paul Parker, Chairman                   Date