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Planning Board Minutes 04/06/2010
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, April 6, 2010
356 Main Street, Farmington, NH

Board Members Present:  Paul Parker, Glen Demers, Dave Kestner, Charlie Doke, Tracy Major, and Jim Horgan
Board Members Absent:           Cindy Snowdon
Selectmen’s Representative:     Charlie King
Town Staff Present:     Director of Planning and Community Development Kathy Menici.
Public Present:                 Dave Connolly
At 6:00pm, Chairman Paul Parker opened the meeting at Energy Resources Group where the Planning Board was completing a site walk.
Site walk notes:
The Board walked the site of Energy Resources Group and made several comments.  It was noted that there are several unregistered trailers on the site, with one particular trailer with a last registration date of 1984.  Many unsafe sinkholes were observed in the location that was wetlands but filled in.  Jim Horgan and Dave Connolly, of the Conservation Commission, commented that there has been little attempt to comply with the Commission requests to come in compliance with the easement.  Piles of scrap metal and materials are on the site and Dave questioned if those materials are painted with lead paint and therefore contaminating the ground water.  He then noted that it appears ERG might be renting space to other contractors because there was a Peter Dittman work trailer parked on the site.  Further down the side of the building a whole bin full of what appeared to be hazardous material was found by the back door.  
Jim and Kathy both noted that the site appears to have actually gotten worse and not better since their site walk in February.  Jim noted at the previous site walk the owner, Keith Frisbee, noted that Mike Morin had full authority though at the Conservation Commission meeting Mike stated he had no authority and had to go back to his boss.  It was then noted that the drainage ditch has recently been filled and does not appear to be working properly.
At 6:22pm, Glen Demers motioned for a recess to return to Municipal Building, 2nd Tracy Major.  Motion carried with all in favor.
At 6:45pm, Chairman Parker opened the meeting back up and seated Jim Horgan for Cindy Snowdon.
  • Discussion on Energy Resources Group Site Walk:
Kathy reviewed the reason for the site walk tonight in that Dennis Roseberry, Code Enforcement Officer, visited the site because ERG was looking for their final Certificate of Occupancy.  During that visit he observed several of the same issues we did tonight and questioned if they were in compliance.  Also, the Conservation Commission completed an easement survey as requested by the State and found several areas of concern that they brought to Dennis.  Then in February, Kathy, Dennis, the Conservation Commission and the Fire Chief completed a site walk.  As a result of that site walk, Kathy and Dennis both felt the Board should complete a site walk and decide if they felt a compliance hearing was necessary.  Kathy then stated that in preparing for the site walks she reviewed the plans and the minutes of the meeting where the plans were approved and the minutes reflect that the question was raised by the Board if there was going to be any outside storage of materials and ERGs response was no.

Charlie King noted that during the site walk he noted; 18 storage trailers, 9 unregistered trailers (with one plate having a 1984 sticker), travel campers, 2 flat bed trailers, hundreds of tons of scrap metal and materials and improper containment of hazardous material that may be affecting the groundwater.  Jim asked if the sink holes observed in the side yard that was filled in should be reported to NHDES, as well as, the potentially hazardous material.

Dave mentioned there also appeared to be outside sandblasting is being done on the site and that is not allowed.  Charlie K. replied that he is not sure the sandblasting is actually being done outside but the materials are definitely being dumped inappropriately outside.  Paul stated he is not convinced that the fire egress is up to standard either.  Kathy replied that the plans call for a 20’ lane and she would guess it is okay because the Fire Chief was not concerned.  In fact the Fire Chief forwarded a memo to the Board stating that they had no further concerns with the site.  Paul then stated that the open drainage in the back of the building also appeared to be recently blocked from flowing into the retention pond.  Tracy added that the water in the open drainage was running through a pile of black stuff that was definitely not dirt and this could be potentially contaminating the groundwater.  Dave K. stated the black stuff is the sandblasting material he brought up earlier and added that he is also concerned with the possibility of lead paint being on the tons of metal being stored all around the facility.

Charlie K. stated that he would recommend that the final Certificate of Occupancy not be granted because ERG is not in compliance with their approval and he would further recommend that Dennis revisit the site to see all the potential contamination and report his findings to the appropriate authorities.  The Board agreed.  Kathy informed the Board that at this point her office will speak with the wetlands bureau about what the Board observed tonight and Dennis will complete another site walk.  After the site walk Dennis will most likely (based on what he observes) contact the appropriate state agencies with his concerns and speak to the owner of ERG about the issues as well. Dave Connolly of the Conservation Commission stated that they gave ERG until June 30, 2010 to come into compliance with the conservation easement.  Paul noted that due to ERG’s history of not responding in a timely manner he would be in favor of scheduling a compliance hearing.

Charlie King motioned to schedule a compliance hearing for Energy Resources Group for May 18, 2010, noting they have not responded to the Board’s letters and that they also should not be granted their final Certificate of Occupancy permit because the Planning Board has found them not in compliance at this time, 2nd Tracy Major.  Discussion followed in which Charlie K. stated he set the date for May so that Dennis and the state agencies would have time to gather all the information they would need.  Motion carried with all in favor.

Kathy then reminded the Board that ERG was aware of the site walk tonight and did have the opportunity to have a representative at the walk.

  • Election of Officers:
Paul congratulated Tracy Major and Glen Demers for their appointments to the Board.

Charlie Doke nominated Paul Parker for Chairman, 2nd Jim Horgan.  Motion carried with Paul Parker abstaining.

Charlie King nominated Dave Kestner for Vice-Chairman, 2nd Tracy Major.  Motion carried with Dave Kestner abstaining.

Charlie King nominated Charlie Doke for secretary, 2nd Tracy Major.  Motion carried with Charlie Doke abstaining.

  • Discussion for Change of Use Application:
Kathy explained that she would recommend the Board consider adopting a Change of Use Application, which would be used for applicants that are moving into an existing site with a new use but not making any physical changes except for a sign.  Paul said the Board passed a zoning amendment last year with this intent.  Charlie informed Kathy that the Board worked on this with Dan Merhalski and he remembers that Legal did have some issues with how this would work and suggested she contact Legal to see what their concerns were.  Kathy said she would call Counsel to see what their concerns were.  Charlie suggested she also check with Dennis in regards to the business permit to see what is currently happening and how it is working.  Jim asked if there would be a fee associated with this and Kathy replied that it would be up to the Board but she would recommend there be some type of fee because there will be some staff time involved but not as intensive as with a site plan.

  • Review Excavation Permit Regulations:
Kathy reminded the Board that she gave the Board a revised copy of the existing Excavation Permit Regulations in March.  In December Dennis received a letter from Mary Pinkham Langa, State Gravel Tax Assessor for the Department of Revenue Administration in regards to changes she recommends to the Town’s regulations to make sure they are consistent with state statutes and clarifications to other areas.  Kathy would like the Board to review to the recommendations noting that the changes were not significant because they just were to make sure the Town regulations are consistent with the State’s.  Jim Horgan motioned to schedule a public hearing for May 4, 2010 with the suggested changes, 2nd Charlie King.  Motion carried with all in favor.

  • Discussion of Accessory Apartment Regulations:
Paul reminded the Board that this topic was brought up when Mike Garrepy was assisting the Town and he is not sure how the Board would like to address this issue.  Dave reminded the Board that this was brought up because of one resident request.  Charlie K. stated he feels that in-law apartments are handled like duplexes and though it could be a little better of a fit, he certainly feels it is not high on the Board’s priority list of items to complete based on the current work load.  Jim Horgan motioned to table the discussion of Accessory Apartment Regulations until such time that the Board’s workload permits, 2nd Charlie King.  Motion carried.

  • Discussion of Sub-division Lot Requirements:
Paul reminded the Board that this was an item the Board has had several discussions on and have yet to come up with a conclusion.  Kathy added that a lot of towns just ignore the situation and others don’t allow wetlands to be included the upland calculations at all.  Paul replied that this issue has been a topic of discussion of the Board’s for some time because they have often seen many lots that are not really buildable because of the wetlands.  He then asked if there are lots that are less than desirable due to lot design and wetland encroachments, is there a way to apply language so that people are aware of the issues in the lots they would be purchasing.  Kathy replied it would be depicted on the plan.  Paul then replied that not everyone is knowledgeable in plan reading and get sucked in by not overly honest sellers.  Kathy suggested having a section in the Subdivision Regulations that pertains to acceptable lot configurations in regards to length and width, however the subtraction of wetlands and steep slopes from the contiguous uplands should be addressed in the Zoning Ordinance.  

Paul suggested changing the requirement from 40,000 contiguous uplands to one acre.  Charlie K. stated he would be opposed to that but would be amendable to subtracting the non-buildable areas from the buildable area calculations.  Charlie K. stated he would like buildable lot calculations as well as, suggested language for changes to the Subdivision Regulations for lot configurations. Kathy asked for the discussion to be continued to June to give her ample time to draft some suggested language.  Charlie King motioned to table the discussion of the Sub-division lot requirements until June 1, 2010, 2nd Jim Horgan.  Motion carried with all in favor.

At 8:12pm, Dave Kestner motioned for a recess, 2nd Tracy Major.  Motion carried with all in favor.

The Board reconvened at 8:25pm.

  • Acceptance of Fire Protection Regulations dated 2/26/09 and Review of Related Correspondence from Town Counsel:
Kathy explained to the Board that this fire protection regulation should be an amendment to the Site Plan Regulations and the Sub-division Regulations and that a public hearing will need to be for comments and that this should happen prior to the public hearing.  Charlie King motioned to schedule a public hearing for fire protection regulations amendments to the Site Plan Regulations and Sub-division Regulations for May 4, 2010 and forward the said document to the Board of Selectmen for comment prior to, 2nd Jim Horgan.  Motion carried with all in favor.
  • Nomination to the Cocheco River Local Advisory Committee:
Kathy informed the Board that they should recommend a member to serve on this committee to the Board of Selectmen.  She added that the Advisory Committee meets the second Wednesday of each month 7pm at the Rochester City Hall.  Charlie King motioned to nominate Paul Parker as designee to be considered by the Selectmen for the Cocheco River Local Advisory Committee, 2nd Jim Horgan.  Motion carried with all in favor.

  • Other:
  • Kathy reminded the members of the upcoming OEP conference.
  • Kathy informed the Board that they received a copy of FST Engineering’s estimate for the NiAshBre Estates project.  The estimate was presented to Tom Huckins and he was amendable the estimate except for he would like to reduce the visit to two from three by adjusting is construction schedule to accommodate them.  Mr. Huckins is out of town at this time but Kathy contacted Kevin Gagne, at FST, with Mr. Huckins concerns and he replied they would probably be able to accommodate him but they would like a little more information before committing.  Charlie K. suggested the Board wait to accept the estimate until Mr. Huckins and FST reach an agreement.  Charlie King motioned to table the acceptance of the FST Engineering construction oversight estimate until 4/20/10, 2nd Tracy Major.  Motion carried with all in favor.
  • Kathy stated that the fee schedule the Board adopted was not done so legally and therefore the Board would need to revert to the old one.  Charlie K. asked her why she felt it was done illegally and Kathy replied that she was told the Selectmen adopted it and they do not have the authority to do so.  Charlie K. then explained that the Selectmen reviewed it but the Planning Board actually adopted it after many hours of reviewing it.  Kathy will review the minutes and confirm this.
  • Kathy explained that she has been looking at the Notice of Decision template that Dan Merhalski created and she is concerned that it should not be used.  She explained that her main concern is that the Board has attached many conditions of approval that should not have been included in the conditions and should have actually been completed prior to approval.  For example, all plans and state permits should be complete and in place prior to approval.  The Board agreed they needed to do a better job at turning applicants away until their applications are complete.  Jim added that the Board held a discussion with the representative from the Registry of Deeds and he was very specific of what should be included on the registered plans.  He then added that the Board had discussed at this time creating a guideline or checklist for what should be on a recorded plan and that the Board should include this task on their work list.
At 8:56pm, Tracy Major motioned to adjourn, 2nd Glen Demers.  Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary


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Chairman, Paul Parker