TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – December 15, 2009
356 Main Street - Farmington, NH
Members Present: Chairman Paul Parker, David Kestner, Charlie Doke, Glen Demers, Tim Moody and Jim Horgan
Members Absent: Tracy Major and Cindy Snowdon
Selectman’s Rep: Charlie King
Public Present: Mike Garrepy (contracted Town Planner), Randy Orvis and Dan Cutter Jr.
Chairman Paul Parker called the meeting to order at 6:11pm and seated Glen Demers for Cindy Snowdon and Jim Horgan for Tracy Major.
BUSINESS BEFORE THE BOARD:
1. Review of Minutes:
- Jim Horgan motioned to accept the minutes of 11-3-09 as amended to reflect a clarification to section 4B and a grammatical change, 2nd Charlie King. Motion carried with Tim Moody abstaining.
- Jim Horgan motioned to accept the minutes of 11-17-09 as presented, 2nd Charlie King. Motion carried with Tim Moody abstaining.
- Jim Horgan motioned to accept the minutes of 12-1-09 as presented, 2nd Charlie King. Motion carried with Tim Moody abstaining.
2. Other:
- Charlie K. reminded the Board that they received information from Dennis (Code Enforcement Officer) that Energy Resources Group, Inc. might be in non-compliance with their Notice of Decision and that the Conservation Commission found several violations in their conservation easement. The question was raised if the Planning Board needs to schedule a compliance hearing. Jim stated that the Board should probably give them time to respond to the correspondence they received from the Conservation Commission. Charlie K. disagreed because this isn’t the first time Dennis has contacted them in regards to their expansion project and suggested the Board send Energy Resources Group, Inc. a letter giving them a 30 day notice to come up with an agreement in the form of a timeline for coming into compliance with the Notice of
Decision. The Board agreed to send a letter with a response required by 1/28/09. Mike will draft this letter for the Board.
- Jim Horgan motioned to table the other business on the agenda until after the application before the Board, 2nd Charlie King. Motion carried.
At 6:35pm Jim Horgan left the meeting.
PUBLIC HEARING 6:35PM
CONTINUED CASES:
NONE
NEW CASES:
- Application for Major Site Plan Approval By: Dan N. CutterJr. (Tax Map R36, Lot 004) To allow for a 40’ x 60’ commercial Building, Parking Access and Drainage. Property is located at 203 Paulson Road in the Commercial Business Zoning District (CB).
Randy Orvis of Geometres Blue Hills, LLC represented Dan Cutter for this application. Mr. Orvis explained that this lot is in the commercial zone and the previous owner received a variance for the residential use of the lot. Mr. Cutter would like to construct a 40’ x 60’ commercial building with parking, access and drainage for the purpose of leasing or selling for commercial use. The idea is this would be the perfect location for an automotive garage. Mr. Orvis explained that the retaining wall on the right-of-way side has a maximum height of 3-4 feet. Dave said he is concerned with constructing a retaining wall along a right-of-way and the ability to do so. Mr. Orvis stated that he has been in contact with DRED and that he needs to extend a culvert in the railroad
right-of-way and add some erosion control measures. Mike asked if it would make more sense to eliminate the retaining wall and propose slope easements to DRED.
Paul stated that the Board needs to find out from Dale Sprague if Municipal water is available on this site. Mike said that according to the map the water supply is across from the lot at the Collins and Aikman entrance.
Mike reminded the Board a 2004 ZBA approval has several attributes that still need to be addressed like no further subdivision of the lot. Mr. Orvis replied that this was a condition of approval so if they subdivided then the variance for a residential lot would no longer stand. Mike added that if the lot is used for commercial use then the variance will not exist for the residential use. Mike suggested the Board consider some type of approval for site work only to bring the applicant back before the Board for a certain use since they are unsure of the exact use at this time.
Charlie K. stated he has several concerns. First he feels the question should be raised to legal as to whether or not their can be co-existence of the residential use and the proposed site development. Also, proof of the railroad right-of-way permission needs to be provided. Next, the outstanding DES concerns for the lot should be addressed because the Town has a violation letter from April. Mr. Orvis said the violation was not actually for anything done on the property but for the fact that a forestry notification was not filed with the Intent to Cut. Paul asked what the effect was of the clear cut. Mr. Orvis replied that nothing was stumped; there was no alteration of terrain and no erosion. Charlie K. stated he would also suggest the missing information from the plan that Mike noted in his
memo to be added and additional information on the security of the retaining wall is needed with an engineer signature.
Paul noted that a reclamation plan is probably needed and Mr. Orvis replied that when Mr. Cutter purchased the land in 2005 50% of the trees were already logged so he is unsure what it would be reclamatted to. Charlie K. suggested Mr. Orvis review Section 3.12 of the Zoning Ordinance.
Mike will check with Legal in regards to the co-existence of the residential variance and the proposed commercial site plan. Paul then asked if they are proposing over and under utilities and Mr. Orvis replied they are proposing one pole and then underground utilities. Charlie K. noted that a waiver for a utility pole will be needed.
Paul opened the application to the Public and there were no comments.
Paul asked Mr. Cutter if he was okay with Board members visiting the site and he replied no. Paul then asked how far away the abutting Collins & Aikman site is. Mr. Orvis replied that the edge of the loading dock is the closest point and this is showed on the plan as required.
Charlie asked where the catch basin in the parking lot drains to and Mr. Orvis replied it flows to the detention pond and then outlets through a treatment swale.
Charlie King motioned to continue this application by Dan Cutter (Tax Map R36, Lot 004) to January 19, 2010, 2nd Glen Demers. Motion carried.
At 8:24pm, Dave Kestner motioned for a short recess, 2nd Paul Parker. Motion carried.
At 8:37pm the Board reconvened.
- Review Draft Amendments to Home Business and Home Occupation
Charlie K. said he is concerned the definition of home occupation does not say there are no additional employees allowed. Mike replied that he doesn’t think this is needed because Section 5.01 is referenced. The Board agreed and noted to add “solely” before “operated.” Charlie K. also suggested removing “detached” and Mike explained that this is standard language for a single family dwelling so the Board agreed to leave it.
Charlie K. stated that in the home business definition the “off premises” employee is confusing. The Board agreed to remove for clarification.
Paul asked if it was the Board’s intention to leave medical under Section 5.02 as a permitted use and the Board’s consensus was yes.
Jim Horgan rejoined the meeting at 8:58pm.
Mike suggested adding “as determined by the Planning Board” in Section 5.01A.8 and 5.02 A.3. The Board agreed this was a good idea. Charlie King motioned to forward the revised draft definition of Home Business and Home Occupation and Proposed Sections 5.01 and 5.02 to Legal for review and post for public hearing on January 5, 2010, 2nd Glen Demers. Motion carried.
- Review Draft Amendments to Aquifer Protection Ordinance
Paul asked if the date under section C is the correct map date and Charlie K. said no, the amended date is 3-13-09. This will be changed. Paul then asked if under #12 the prohibited uses should have their own section and the Board agreed to leave it as is. Dave questioned if the type of “impervious” should be clarified and the Board agreed to leave it as is.
Mike commented that he knew the Board was working previously with Dan on revising Section 4.02 – Watershed Protection Area. In this section is says only 35 % impervious is allowed but the Aquifer Area section allows up to 60%. Mike suggested the Board amend this section to read the same as 4.01 to eliminate the conflict in regards to the impervious. Jim Horgan motioned to amend Section 4.02B (2) by adding the second sentence from Section 4.01E (12) after “services” and eliminate the remaining sentence, 2nd Charlie King. Motion carried.
Charlie King motioned to extend the meeting until 9:45pm, 2nd Jim Horgan. Motion carried.
Charlie King motioned to post the amended Sections 4.01 and 4.02 for public hearing on January 5, 2010 and forward for legal review, 2nd Jim Horgan. Motion carried.
Mike informed the Board that a decision needs to be made on who should oversee the road construction for NiAshBre Estates because he believes road construction has begun with no oversight thus far. Jim Horgan motioned to have FST complete the road construction oversight for NiAshBre Estates, 2nd Dave Kestner. Motion carried.
The other issue with this application is that Mr. Huckins has not yet paid his FST bill. The original estimate was for $2600 and the bill was reduced to that amount. Mike will confirm the bill with Mr. Huckins and remind him that payment needs to be made.
- Mike reminded the Board that the new Town Planner starts on Monday and noted that he is willing to stay on board with the Town for as long as they deem it necessary. Jim Horgan motioned to recommend to the Board of Selectmen to retain Mike Garrepy on an as needed basis for a transition period through January 30, 2010, 2nd Glen Demers. Motion carried. The Board thanked Mike for his dedication to the Board and all his expertise.
At 9:43pm, Glen Demers motioned to adjourn, 2nd Dave Kestner. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
___________________________ _________________
Paul Parker, Chairman Date
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