TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – December 1, 2009
356 Main Street - Farmington, NH
Members Present: Chairman Paul Parker, David Kestner, Cindy Snowdon, Charlie Doke, Glen Demers, and Jim Horgan
Members Absent: Tracy Major and Tim Moody
Selectman’s Rep: Charlie King
Chairman Paul Parker called the meeting to order at 6:11pm and seated Glen Demers for Tim Moody and Jim Horgan for Tracy Major.
BUSINESS BEFORE THE BOARD:
1. Review Fire Protection Regulations (revised 9/1/09):
Paul informed the Board that Rich apologized but he was not available to attend tonight’s meeting due to a conference he had to attend but he furthered some suggested language to be added to the Regulation regarding alternative fire protection. Charlie suggested tabling this discussion until Ms. Menici is on board and can review it. Jim Horgan motioned to table the Fire Protection Regulation to February 2, 2010 workshop, 2nd Charlie King. Motion carried with all in favor.
2. Discussion of Subdivision Regulations for Home Business and Occupation:
Charlie K. stated that he believes the Home Business and Home Occupation both deserve their own sections in the Subdivision Regulations and would suggest listing the uses that are definitely not permitted within the sections. Dave stated that he would like to create an expanded definition for Home Business to include the four considerations brought forth by Legal.
At 7:02pm, Dave Kestner motioned for a short recess, 2nd Charlie Doke. Motion carried.
At 7:06pm the Board reconvened.
- Review of Mike Garrepy’s suggested language for Home Occupation.
The Board reviewed Mike’s proposal line by line.
- replace this #1 with current definition of #1.
- remove “and/or accessory”
- Charlie K. pointed out this only addresses habitable floor area in a residential structure. Jim stated the Home Occupation shouldn’t include accessory structures and many members agreed. Consensus was to put a period after “feet” and strike the remaining verbiage.
- Okay as written.
- Jim stated he feels a sign should be allowed and the Board agreed it would be okay with conditions.
- Consensus to add #4 of current definitions to this section.
- Consensus to change to #3 of definition.
- (Mike’s #6) The Board discussed that they are not comfortable with all types of medical Home Occupations being permitted. Dave suggested removing the Medical, Legal and Financial line from this area and the Board agreed to strike the word “medical.”
- Charlie K. stated he thinks this line should default to the Table of Permitted Uses and the Board agreed. Number 9 will read “for any uses not listed above in #8 refer to the Table of Permitted Uses for the underlying Zoning District.”
- Review of Mike Garrepy’s suggested language for Home Business
The Board reviewed Mike’s suggested language line by line.
- Okay as written
- Okay as written
- Put maximum number of chairs for personal grooming to 3 and 3b. will become #4.
- strike
- Dave brought up that this allows for accessory structures but does not limit the use and the Board agreed to leave as written.
- Board in consensus to change the sign size to 6 square feet.
- Lines 7 through 16 were approved as written.
- Review Definitions for Home Business and Home Occupation
The Board came up with the following definitions for Home Business and Home Occupation.
- Home Business – A business which is operated by members of the premises with no more than one additional off-premises employee, occupying a single family detached dwelling or accessory structure, which business use is accessory to the residential use and which does not alter the residential character of the buildings or grounds or surrounding properties. (Refer to Section 5.02 of Subdivision Regulations)
- Home Occupation – An occupation which is operated by a member of the premises occupying a single family detached dwelling, which business use is accessory to the residential use and which does not alter the residential character of building, grounds or surrounding properties. (Refer to Section 5.01 of Subdivision Regulations)
Charlie King motioned to continue the review and discussion of Subdivision Regulations for Home Occupation and Home Business and their respective definitions, 2nd Jim Horgan. Discussion followed that the Board will review the amended copy on 12/15/09 and then post hearings and send to Legal for review. Motion carried with all in favor.
At 8:35pm Dave Kestner motioned for a recess, 2nd Jim Horgan. Motion carried.
At 8:42pm the Board reconvened.
3. Review of Aquifer Protection Overlay District Regulations:
The Board reviewed the revised draft. They decided to delete the exception in D (5) and the addition to D (6). Also, they agreed to put D (9) back in and change D (11).
At 9:04pm, Charlie Doke motioned to continue the meeting until 9:30pm, 2nd Jim Horgan. Motion carried.
The Board continued with the review and was came to a consensus to put the limit back to 10% in line D (12).
Charlie King motioned to continue the discussion of the Aquifer Protection Overlay District Regulation to December 15, 2009 to review the revised document and consider posting for public hearing, 2nd Jim Horgan. Motion carried.
4. Lot Dimensional Criteria:
Charlie K. stated that he thought the Board had decided to table this until after Town meeting because it can be addressed in the regulations and does not have to go before the voters. Cindy stated this could make a big impact and should go before the voters. Charlie K. replied that he doesn’t think the Board will have time to review this properly before Town Meeting and could just make any changes to the Subdivision Regulations this year and then post for an Ordinance change next year.
Charlie King motioned to continue the discussion of Lot Dimensional Criteria to a meeting to be determined in 2010, 2nd Jim Horgan. Motion carried.
5. Accessory Dwelling Units:
Charlie K. stated he would consider it reasonable for an accessory apartment to be in an attached apartment with single density and detached apartments and duplexes would not be allowed in this section. He further stated that the current interpretation calls for doubling of the density and he does not agree with that. Paul followed that by stating he feels there are a lot of issues that need to be discussed with this item and maybe the Board should wait to review with the new planner.
Jim Horgan motioned to table the discussion of Accessory Dwelling Units to February 2, 2010, 2nd Dave Kestner. Motion carried.
6. Other:
- Paul informed the Board that North and South Investors has had an issue with registering their mylar at the Registry of Deeds and would like permission to register the Notice of Decision. Jim Horgan motioned to allow North & South Investors to record the Notice of Decision at the Registry for the latest expansion and file the mylar with the Town’s Planning office, 2nd Charlie King. Discussion followed in which Cindy asked how the Notice of Decision was changed to state it could be registered in lieu of a mylar when no Board members remember this being added. Paul replied he would look into it. Motion carried with Cindy Snowdon opposed.
- Jim reminded the Board that a minimum requirement checklist for what should be on recorded mylars needs to be created. The Board agreed to have Mike Garrepy create a draft checklist for the Board to review.
At 9:42pm, Charlie King motioned to adjourn, 2nd Dave Kestner. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
___________________________ _________________
Paul Parker, Chairman Date
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