TOWN OF FARMINGTON
PLANNING BOARD
MEETING MINUTES
Tuesday – March 2, 2010
356 Main Street - Farmington, NH
Members Present: Chairman Paul Parker, Charlie Doke, Glen Demers, Cindy Snowdon, and Jim Horgan
Members Absent: Tracy Major, Tim Moody and Dave Kestner
Selectman’s Rep: Charlie King
Town Staff Present: Planning Director, Kathy Menici and Dennis Roseberry, Code Enforcement Officer
Public Present: Arthur Cardinal
Chairman Paul Parker called the meeting to order at 6:06pm and seated Jim Horgan for Dave Kestner and Glen Demers for Tim Moody.
BUSINESS BEFORE THE BOARD:
1. Review Fire Protection Regulations – Amendments 2/26/10:
Kathy M. explained that Laura Spector, town counsel, suggested some changes to the document. The first change is under IV.G.(1) and she suggested the wording that the cistern shall be inspected “by the authority having jurisdiction. She was concerned there was no one designated to make the inspection and therefore the applicant could have someone they hired to inspect which would not be in the Town’s interest. Charlie stated that he is not sure it should be read this way and maybe a certain entity needs to be identified. Jim pointed out that the authority having jurisdiction is clarified and clearly stated in the definitions section and that the Planning Board and Fire Chief are the authorities in the definition. The Board was in agreement to
leave the verbiage as suggested by legal.
Also legal’s recommendation is to have the Planning Board adopt this regulation as part of their zoning ordinance because they are not aware of any statute that says the Board of Selectmen has the authority to adopt this regulation. Paul asked Kathy to get this in writing along with the suggestions they made so this can be forwarded to the Selectmen. The Board discussed that as a courtesy a final copy should be forwarded to the Selectmen. This copy will be sent to the Selectmen for their review and comment as a clean, finished copy and the Board will review again at the next meeting.
Kathy explained that Ms. Spector also suggested a change to Section V.A (2) in that the words “designed to be” trouble free should be added because there is no way one could guarantee there would be no issues. Also, Ms. Spector suggested removing the note at the end of the Regulation because it is not necessary. Cindy commented that she would like written copies of all Legal correspondence so that it can be attached to the files for future reference.
Jim Horgan motioned to forward the revised copy dated 2-26-10 to the Selectmen for their comment and schedule for acceptance at the next meeting, 2nd Charlie Doke. Motion carried.
Jim Horgan motioned to move the remaining business before the Board to after the public hearing, 2nd Charlie King. Motion carried with all in favor.
PUBLIC HEARING 6:30PM
CONTINUED CASES:
Application for Minor Site Plan Approval By: Arthur Cardinal (Tax Map R31,Lot 017) To allow wood processing on this property in the Industrial Business Zoning District (IB). Parcel is located on Precinct Road.
Kathy explained that Mr. Cardinal came in to meet with her and Dennis in regards to this application. Originally they were concerned that a site plan was not included with the application but after talking with him they feel it would be difficult to provide a site plan since the operation moves on the property and the property is shared by two businesses. Mr. Cardinal indicated that the wood processing primarily takes place within a 5 acre area though he only uses one acre at a time. Dennis stated that the only issue he has is with A-1 Firewood in that they have signs that are posted all over town which is a violation against the sign ordinance. Other than that he doesn’t feel additional information is needed because this is open flat space being utilized for cutting and splitting wood
which is permitted with review.
Charlie asked if this property is in the Aquifer Protection Zone. Dennis replied it may be but there is no impervious surface proposed so it won’t affect the area. Charlie followed up that he would like a written request for waivers and a clarified region of impact would be nice. Kathy asked if the Board is satisfied with the plot plan provided. Charlie said the Board has considered such a plan before though the surveyor’s stamp should be removed because the plan is being modified. Kathy asked if a copy of the tax map could be attached with note referencing it in lieu of a locust map and the Board agreed it would okay.
Jim Horgan motioned to continue this application to March 16, 2010, 2nd Charlie Doke. Motion carried with all in favor.
At 6:51, Charlie King motioned for a short recess, 2nd Jim Horgan. Motion carried with all in favor.
AT 6:59PM the Board reconvened. Kathy asked the Board to think about creating an application for only changing the use on a property with the submission requirements being less than what would be needed for a site plan review. Charlie commented that if there is not a change of more than 1000 feet then it would be reviewed by Town Staff. Kathy replied that the language establishing that is a little ambiguous. The Board agreed that it would be okay for Kathy to forward suggestions for next meeting.
Jim Horgan motioned to bring forth the review of current excavation permits while Dennis is present, 2nd Charlie Doke. Motion carried.
BUSINESS BEFORE THE BOARD:
Review Current Excavation Permits:
Dennis explained that this is something he has wanted to discuss for some time now. He spoke with Mary of DRA and asked her to look through the town’s excavation application and regulation and make recommendations for us to be compliant with RSA 155-E. She forwarded a copy back with suggested changes to be sure the ordinance is not in violation of the RSA. Kathy will provide a copy of these suggestions for the Board for the next meeting. Dennis stated there are several other items that should be included with the application. An end date for the permit is necessary and is not required at this time; he would like the Board to amend this. Also, many of the permits have not supplied bonds and reclamation plans which is mandated. Paul commented that many of these applications
are extremely old and Dennis agreed but noted they are not grandfathered under the RSA and would need to supply the Town with all the mandated information and such before their permit is renewed.
Cindy asked if these are recent changes to the RSA and Dennis said no, he just hasn’t been able to get a Town Planner to sit down with him and review the requirements prior to Kathy. Kathy said that all permits from 1979 on would have to meet the requirements of RSA 155 which is difficult to understand.
Paul asked how the Board or Dennis would keep track of the material that is excavated. Dennis replied that he is not able to identify how much material is excavated but Mary visits the different sites to make sure they are in compliance. Cindy suggested taking photographs of the areas before excavation because a trained professional would be able to identify the quantity of the excavation. Dennis and the Board agreed that would be a good idea.
Kathy stated that she and Dennis would like to notify each permit holder of what is required and bring them before the Board for approval and review. Paul asked if the Town regulation should be reviewed and amended first and Kathy replied that would not have to be because the state statute takes precedence. Paul stated that the Board should probably review and amend the regulation before it is sent out. Kathy replied that it does not have to be sent to permit holders and she can just state they need to be in compliance of RSA 155-E. Charlie asked how the applications are going to be prioritized to come before the Board and Kathy replied that she would suggest with Pike Industries because they are the most in compliance and from there she would suggest going with the oldest pits first, such as
Aggregate Industries. She would also like to give them 6 months to comply. Jim commented that he doesn’t feel the requirements should be a surprise and he would suggest giving them 60 days and if they cannot meet the deadline then they can request an extension. Charlie agreed with Jim’s suggestion and added that he believes a letter should go out to all permit holders at the same time requesting action.
Jim Horgan motioned to have Kathy send letters to all excavation permit holders to become in compliance with RSA 155 –E within a 60 day time frame, 2nd Charlie King. Motion carried with all in favor.
Paul asked if the Board would be amendable to review the revised regulation for excavation permits at the workshop in April and the Board agreed this would be a good idea.
Continue Discussion of Energy Resources Group Inc.
Kathy explained that ERG sent a response in writing to Dennis letter and reminded the Board that she, Dennis, Rich Fowler and Jim Horgan did a site walk for compliance. Rich Fowler noted a concern with the fire alarm system that has yet to be resolved. An ERG representative also attended the most recent Conservation Commission meeting and their concerns were outlaid in a letter written by the Chair to ERG. The main concerns of the Commission were that a survey is needed, boundary markers need to be re-established and debris needs to be cleaned up. The other thing Kathy and Dennis were concerned about is that there is additional storage that exceeds what was approved. They would suggest the Board complete a site visit and decided whether or not there needs to be a compliance hearing.
Charlie K. noted he agrees the Board should do a site walk and ERG might want to consider supplying an amended plan. The Board agreed they would like to do a site walk on April 6th. Kathy will make sure that all members have a copy of the approved plans and Notice of Decision for their reference. Charlie King motioned to schedule a site walk for Energy Resources Group for April 6, 2010 at 6pm, 2nd Jim Horgan. Motion carried with all in favor. Kathy will call ERG tomorrow to inform them of the visit.
Discussion of Site Plan Lot Requirements
Kathy said she came prepared tonight to offer some suggestions but also had some questions for the Board so that she can provide the appropriate information. She researched quite a few other communities and most have a minimum lot size as we do, but others have minimum lot size in regards to buildable area. She is concerned with the 40,000 square feet of contiguous upland and would like to investigate further. Paul asked if any of the other town’s reviewed state a percentage instead of an actual lot size and Kathy replied no, she also feels this would cause much more confusion because of the calculations. She then commented that the language that Mike proposed in regards to shape looks fairly typical to what she is finding as well. The Board agreed that length to width ratios would be a good
way to go.
The wetland delineations were also discussed and how they would be applied to the lot size requirement. Kathy asked if any of the classifications need to be excluded from the calculations. Paul replied that his initial feeling is that the Class II wetlands should not be part of the calculations and the Class III should be included as a percentage. Kathy commented that she is finding that Class I wetlands are not typically included with the calculations and she is concerned that applying percentages of other wetlands would be more complex and require a lot more work on behalf of the. Charlie commented that the Board needs to ensure that buildable lots are created and not create lots that could have immediate wetland violations.
Charlie King motioned to continue the discussion on Site Plan Requirements to April 6, 2010, 2nd Jim Horgan. Motion carried with all in favor.
At 8:58pm Jim Horgan motioned for a short recess, 2nd Charlie King. Discussion followed where Paul said the remaining conversation is on what the Board is considering for future development of Rte. 11. Jim stated he would like the Chairman of the Conservation Commission to come to the meeting with town maps and explain what land is in conservation and what land is available for development. Cindy asked if this could be put on the agenda for May 4. Motion withdrawn.
Jim Horgan motioned to continue the discussion for the development of the Rte. 11 Corridor with a presentation by the Chairman of the Conservation Commission for May 4, 2010, 2nd Charlie King. Motion carried with all in favor.
At 9:05pm, Jim Horgan motioned to adjourn, 2nd Cindy Snowdon. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
___________________________ _________________
Paul Parker, Chairman Date
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