TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, February 2, 2010
356 Main Street, Farmington, NH
Board Members Present: Paul Parker, Glen Demers, Tim Moody, Dave Kestner, Charlie Doke and Jim Horgan
Board Members Absent: Tracy Major and Cindy Snowdon
Selectmen’s Representative: Charlie King
Town Staff Present: Director of Planning and Community Development Kathy Menici and Fire Chief Rich Fowler
Chairman Paul Parker opened the meeting at 6:02pm and seated Jim Horgan for Cindy Snowdon and Glen Demers for Tracy Major.
BUSINESS BEFORE THE BOARD:
Review of Fire Protection Regulations (revised 11/3/2009)
Paul reminded the Board of the lengthy discussion they previously had on section IV.D.1(a). Charlie K. stated his biggest concern was to address the intent because in a rural area 1500 feet might not be that much. Rich replied that the 1500’ is based on the ability of the fire apparatus to reach a fire. If the distance is over 1200’ then a third truck would be required to make the distance with the hoses. Plus he feels that 7 is still a high number for the number of houses. Jim asked where the 1500’ is measured from. Charlie stated that most likely the cistern will be primarily used outside the development and in that case the water would have to be trucked regardless. Kathy commented that
in most cistern policies the intent is to create a source of water for fire protection for the development and surrounding neighborhood. Rich then commented that after the last discussion he did some drills with the fire department and they can manage the 1200’ distance for pumping though the pressure is decreased somewhat. Jim Horgan motioned to revise section IV.D.1(a) to read 1200’ instead of 1500’, 2nd Paul Parker. Discussion followed in which Kathy asked how this distance would be measured. Jim pointed to the document where it states “travel distance” and Kathy agreed that it would cover her concerns but suggested changing it to read “the travel distance will be measured along the roadway.” Charlie K. commented that the house location is not usually depicted on a subdivision plan and if the second “1500’” is changed in this
section it might be difficult to enforce. Rich replied that the second 1500’ would be acceptable because they would generally fight a fire from the driveway. Jim Horgan amended his motion to only change the first 1500’ to 1200’, Paul Parker accepted the amendment. Motion carried with Paul Parker, Charlie Doke, Tim Moody and Jim Horgan in favor and Charlie King, Glen Demers and Dave Kestner opposed.
Jim asked what procedures are supposed to be followed in section IV.B. Charlie K. replied it should be this regulation and the NFPA. Charlie King motioned to amend section IV.B to read “The minimum development of any fire cistern/water supply for the purpose of fire protection shall follow this policy and all applicable NFPA requirements.”, 2nd Jim Horgan. Motion carried with all in favor.
Jim Horgan motioned to amend section V.A.1 to change the distance requirement to no more than 1200 feet, 2nd Paul Parker. Motion carried with Charlie King and Dave Kestner opposed.
Dave Kestner motioned to accept section IV.D.2.a.4 in its entirety, 2nd Charlie King. Motion carried with all in favor.
In regards to section V.B.9; Jim asked how big a 15,000 gallon tank is. Rich replied he is unsure but the maximum 15’ height is to address the pumping capabilities and he will try to find out the dimensions. The Board reviewed the NFPA requirements and agreed to leave the wording as is.
It was discussed that the intention is to forward this document to the Board of Selectmen for approval and adoption as a policy that would be referenced in the Subdivision Regulations so the Subdivision Regulations will need to be amended to make the reference. Paul asked if it should be forwarded to Town Counsel for review before going to the Selectmen. Charlie King motioned to forward the fire cistern policy to town counsel for review and then forward those comments and the policy to the Selectmen for approval and adoption, 2nd Dave Kestner. Motion carried with all in favor.
Discussion of Subdivision Lot Sizing Requirements:
Charlie K. stated that based on current lot dimensional criteria we have had some lots created that the Board does not feel are readily useable and will create code issues. The Board wanted to address this section to improve the quality of lots in town. Kathy commented that length to width ratios are very effective in eliminating lots that create no useable land. Also in section E the language is difficult to read and interrupt so it should probably be amended and clarified as well. Charlie added the Board was also concerned with the requirement of a minimum of 40,000 square feet of contiguous uplands.
Charlie K. suggested continuing the discussion to another meeting to allow Kathy the opportunity to review with the most recent subdivisions and then come back to the Board with suggested language. Kathy said that one thing that troubles her with the minimum 40,000 sq. ft. of uplands is that the same requirement is being put in zoning areas that require 1 acre lots versus 3 acre lots and maybe the Board wants to consider establishing percentages instead. Jim Horgan motioned to continue the discussion on lot sizing requirements to 3/2/10, 2nd Charlie King. Motion carried with all in favor.
At 7:43pm, Dave Kestner motioned for a short recess, 2nd Jim Horgan. Motion carried with all in favor.
At 7:52pm the Board reconvened.
Discussion of Accessory Apartments Requirements
Kathy asked if the purpose s to allow additional dwelling units or in-law apartments. Paul explained that interim Planner, Mike Garrepy brought this forward to the Board for consideration at the request of one resident. Kathy stated that currently the document is written to create rental additional units and Paul replied that is not the Board’s intent. Kathy stated it should be changed to create in-law apartments. Charlie asked how the Town will regulate this either way. Kathy said that any in-law apartment that was vacated by the “in-laws” would have to be dismantled by removing the kitchen facilities though this would be very difficult to enforce. Dave commented that this all came forward because of one resident
and maybe it is not a pressing need to change. Kathy replied that a resident could request a variance and that this might not be a pressing issue for this community. Charlie K. commented that the current regulations allow for an accessory dwelling as long as the lot requirements are met. Kathy replied that this is true and a document such as the one being discussed tonight might provide standards for those accessory dwellings though the Board would need to decide what their intent is and address the minimum lot requirements as part of the process. She then added that single family and two family dwellings are not allowed in the CC now but accessory dwellings are when you look at the definitions of accessory dwelling so this will need to be corrected as well. Jim Horgan motioned to continue the discussion on accessory apartment requirements to 4/6/10, 2nd Charlie King. Motion carried with all in favor.
Discussionof Energy Resource Group, Inc
Kathy informed the Board that she, Jim Horgan (representing the Conservation Commission), Fire Chief Rich Fowler and Code Enforcement Officer Dennis Roseberry did a site walk today of Energy Resources Group, Inc. Rich noted some concerns and will be meeting with the representatives on Thursday. Energy Resources Group stated they were unaware of the conservation easement when they bought the property but they are willing to make the necessary changes to move forward. Kathy explained when she was reviewing the plans she noticed that a second wetland was paved over and that there are no surveyor stamps/signatures on either plan.
Charlie King asked if the emergency access around the building was in place and Kathy said yes. She then noted that another issue on the property is the number of storage trailers on the parcel. She thinks the Board should have a compliance hearing and complete a site walk of the property.
Paul asked if a response to the Board letter was received and Jim explained that Mike Morin was empowered by Energy Resources Group and will be meeting with the Conservation Commission next Wednesday. Also, Dennis has code issues that need to be resolved. So the plan is to meet with the Conservation Commission, then Dennis and then bring any remaining issues to the Board. Kathy explained that one concern Dennis had was whether or not the addition is being used for office/manufacturing or storage as approved. After today’s site walk Dennis was released of his concern and it is clear the area is now being used for storage.
Paul asked what the issues of compliance per the Notice of Decision. Kathy replied that the as-built plans have not been provided and they are occupying the addition without a Certificate of Occupancy. The Board agreed to wait for further information before deciding how to proceed. Jim Horgan motioned to continue this discussion until 3/2/10, 2nd Charlie King. Motion carried with all in favor.
Other Business To Come Before the Board
PSNH Tree Work Proposal – Kathy explained PSNH is proposing tree trimming and removal on several roads including the scenic roads of Poor Farm and River roads. Therefore they have requested a public hearing and the notice needs to be posted in the newspaper twice with the second posting being a minimum of 7 days prior to the hearing. The Board discussed that they would like PSNH to contact the road agent to identify the trees being proposed for removal and large trimmings. Jim Horgan motioned to hold a public hearing for PSNH on 3/16/10, 2nd Glen Demers. Discussion followed in which it was noted that PSNH should go out to the two scenic roads and mark the trees they
would like to remove. Motion carried with all in favor.
Kathy gave the Board members a copy of the RFP for engineering and peer review services for them to review. It was noted that the dates need to be changed.
Kathy informed the Board that she met with Chip Cardinal concerning the application that was brought forward at the last meeting and he is going to provide a narrative of what they are doing with the site to present to the Board.
At 9:20pm, Charlie Doke motioned to adjourn, 2nd Jim Horgan. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paul Parker
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