TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Wednesday – January 13, 2010
356 Main Street - Farmington, NH
Members Present: Chairman Paul Parker, David Kestner, Charlie Doke, Cindy Snowdon and Jim Horgan
Members Excused: Glen Demers, Tim Moody and Tracy Major
Town Staff Present: Kathy Menici, Director of Planning and Community Development
Selectman’s Rep: Charlie King
Public Present: Randy Orvis, Tom Huckins, Joe Pitre and Dave Connolly
Chairman Paul Parker called the meeting to order at 6:10pm.
BUSINESS BEFORE THE BOARD:
- Kathy explained how tonight’s public hearing should proceed according to the RSAs.
At 6:23pm, Cindy Snowdon motioned to recess until 6:30pm, 2nd Charlie King. Motion carried.
At 6:33pm the Board reconvened.
PUBLIC HEARING 6:30PM
- Proposed Amendments to Sections 5.01 & 5.02 Home Business and Home Occupation
Charlie King motioned to move forward with amendments #2 and #3 on the agenda, 2nd Charlie Doke. Motion carried with all in favor.
- Proposed Amendments to Section 4.01 (Aquifer Protection Overlay District)
Paul asked if the reference map is supposed to be included and Kathy said yes because it is referenced in Section 4.01 (C). Paul then commented that the document needs to be re-lettered because “Incorrectly Designated Zones” is not lettered as a sub-section. Kathy commented that she found an error in Section 4.01 (B) where it cites the NHDES rules; it should read “Env-Wq 401” and not “Env-Ws 401.”
Cindy pointed out that in Section 4.01 (E) the Board had voted to take out the exception as reflected in the minutes of 12-1-10. Kathy commented that to remove it now would be a substantial change and would require a second public hearing. Charlie K. commented that he is unsure how people would care for their properties without on-site storage of rock salt or other de-icing materials.
Charlie King motioned to move forward with the amendment to Section 4.01 as written, 2nd Dave Kestner. Discussion followed in which Cindy stated she is concerned that the Planning Board discussed at length to remove the exception and now is considering putting it back in to make it easier. Charlie K. reiterated that he is unsure how businesses would keep their parking lots safe without the materials. Paul stated that he is not convinced it should be changed from what was approved by the Planning Board earlier, but that there would be no substantial harm in leaving it as posted either. Cindy stated it was not the intent of the Board and changing this would go against the intent decided upon by a majority of the Board of which two members are
absent tonight. Charlie King amended his motion to move forward with the amendment as posted, 2nd Dave Kestner. Motion withdrawn.
At 7:20pm, Charlie King motioned for a recess, 2nd Dave Kestner. Motion carried with all in favor.
At 7:28pm the Board reconvened. Jim Horgan arrived and Paul Parker seated Jim for Tim Moody.
The Board put the previous discussion on hold while they waited for Kathy Seaver to arrive and provide a copy of what was posted.
Paul asked if the language under Section 4.01 (E) (12) is sufficient to require the third party review of all calculations. The Board agreed it is.
Paul opened the floor for public comment.
Joe Pitre commented the amendments are an improvement over what the Town currently has in place.
Paul closed the public hearing on the Aquifer Protection Overlay District Amendment.
- Proposed Amendments to Section 4.02 Watershed Protection Overlay District
Charlie informed the public that the Board made the changes to this section to be consistent with Section 4.01 to eliminate conflicts.
Paul opened the public hearing for the amendment. Randy Orvis commented he is not sure why the Board set the limit of 35% of vegetated area and not the total area in Section 4.02 (B) (2). Charlie K. agreed noting it was probably a good idea for the 35% to be of the total area but the next sentence covers up to 60% of the total area. Paul closed the public hearing.
- Proposed Amendment #2 to Section 4.01 Aquifer Protection Overlay District
Paul opened the Public Hearing.
Tom Huckins commented that he’s plowed a lot of snow and people generally get truck loads of salt delivered and then cover it up with a tarp or something. Dave pointed out that was the exact discussion held on 12/1/09 and the concern was that a few blocks and tarp would not be acceptable shelter. Mr. Orvis commented that if the de-icing materials are being used on-site they will leach into the aquifer anyways and maybe the Board should take out the wording “on-site.” He then added that maybe they should allow limited or no salt.
Paul closed the Public Hearing.
Jim pointed out that in Section 4.01 (D) (2) opens the door by letting “other materials” to be stored. Charlie K. disagreed stating that he feels this section is for heating purposes only. Kathy suggested changing the wording to read “other similar products.” Charlie King motioned to amend Section 4.01(D) (2) to read “…storage of petroleum or other petroleum ‘based’ products…”, 2nd Jim Horgan. Motion carried with all in favor.
The Board reviewed Section 4.01 (D)(5). Cindy reiterated that she thinks the wording should go back to what was previously approved to strike the exception. Board members had different opinions and Kathy suggested adding language to #2 as a compromise. Cindy Snowdon motioned to amend Section 4.01(D)(5) to read “Storage of rock salt or other de-icing chemicals. However, storage of such materials may be permitted if such storage shall be designed to avoid groundwater or surface water contamination and shall be reviewed and approved by Planning Board prior to construction. Said materials are restricted to on-site use.”, 2nd Jim Horgan. Motion carried with all in favor.
Charlie King motioned to accept the amended version of Section 4.01 and post for a second public hearing on January 27, 2010, 2nd Jim Horgan. Motion carried with all in favor.
- Proposed Amendment to Section 4.02 – Watershed Protection Overlay District
Charlie King motioned to remove the word “vegetated” from the first sentence of Section 4.02(B)(2), 2nd Jim Horgan. Motion carried with all in favor.
Paul opened the public hearing and hearing no comments he then closed the hearing.
Charlie King motioned to accept the amended version of Section 4.02 and post for second public hearing on Wednesday, January 27, 2010, 2nd Charlie Doke. Motion carried with all in favor.
Charlie K. excused himself from the meeting at 8:34pm.
- Proposed Amendment to Section 1.14 (Definitions), 5.01 (Home Occupation) and 5.02 (Home Business)
Kathy suggested removing the plurals from Section 5.01(8). Dave commented that #6 should read “Traffic generated by the occupation will not negatively impact the neighborhood” per the previous meeting. The Board concurred with this and the change was reflected. Dave then added he thought #4 was also changed to allow a sign to be on a post. The Board was in consensus that conclusion was not made though they did talk about addressing it in the future.
Paul opened the public hearing. Mr. Orvis stated that he believes additional employees should be allowed and a sign should be allowed to be installed on a post. Cindy commented the Board recognizes the sign issue but felt it would be more appropriately and thoroughly discussed and possibly amended after Town Meeting.
Charlie Doke motioned to amend Section 5.01(8) to remove the plurals from “carpenters, plumbers, electricians, wood workers, painters, sculptors, potters, stylists, barbers, tailors and caterers”, 2nd Jim Horgan. Motion carried with all in favor.
Charlie Doke motioned to amend Section 5.01(6) to read “Traffic generated by the occupation will not negatively impact the neighborhood,” 2nd Jim Horgan. Motion carried with all in favor.
Cindy Snowdon motioned to accept the amended version of Section 5.01 and schedule for a second public hearing on Wednesday, January 27, 2010, 2nd Jim Horgan. Motion carried with all in favor.
Cindy Snowdon motioned to amend Section 5.02 (3) to remove the plurals from the examples of the different listed occupations, 2nd Jim Horgan. Motion carried with all in favor.
At 9:00pm, Charlie Doke motioned to extend the meeting to 9:30pm, 2nd Jim Horgan. Motion carried with all in favor.
Cindy Snowdon motioned to amend Section 5.02 (2) to read “…not more than three (3) on –premise employees who are not residents”, 2nd Jim Horgan. Motion carried with all in favor.
Paul opened the public hearing.
Joe Pitre asked for the definition of Home Business and Dave read it to him. Kathy stated that since there were no changes to either definition the Board can motion to move them forward to Town Meeting. Mr. Orvis commented that he objects to home businesses only being allowed in single family dwellings and questioned why the Board would restrict the signage when it is subject to Board review anyway. The Board reiterated the signage issue is one they plan to visit on the 2010 work schedule.
Paul closed the public hearing.
Cindy Snowdon motioned to post Section 5.02 as amended for a second public hearing on Wednesday, January 27, 2010, 2nd Jim Horgan. Motion carried with all in favor.
Jim Horgan motioned to forward the definitions of Home Business and Home Occupation, Sections 5.01, 5.02, 4.01 and 4.02 to Legal for review, 2nd Cindy Snowdon. Motion carried with all in favor.
At 9:24pm, Jim Horgan motioned to adjourn, 2nd Dave Kestner. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
___________________________ _________________
Paul Parker, Chairman Date
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