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Planning Board Minutes 05/18/2010
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, May 18, 2010
356 Main Street, Farmington, NH

Board Members Present:  Paul Parker, Glen Demers, Dave Kestner, Charlie Doke, Cindy Snowdon and Jim Horgan

Board Members Absent:           Tracy Major
Selectmen’s Representative:     Charlie King (arrived at 6:38pm)
Town Staff Present:     Director of Planning and Community Development Kathy Menici.
Public Present:                 Dave Connolly, Mr. Schneider, Jason Plourde, Frank                                              Monteiro, Maria Dolder, Chris Berry, Terry Wetherly,                                            Steve Roberts and Keith Frisbee.
At 6:08pm, Chairman Paul Parker opened the meeting and seated Jim Horgan for Tracy Major.
BUSINESS BEFORE THE BOARD:
  • Review and approve Meeting Minutes of 4/20/10 and 5/4/10
  • Jim Horgan motioned to accept the minutes of 4-20-10 as amended, 2nd Glen Demers.  Motion carried with Charlie Doke abstaining.
  • Glen Demers motioned to accept the minutes of 5-4-10 as amended, 2nd Jim Horgan.  Motion carried with all in favor.
  • Kathy reminded the Board that a representative is still needed for the Strafford MTPO.  Paul stated he would be willing to continue as the alternate but is unable to take the full seat because of his work schedule.
  • Paul reported that he, Glen and Charlie Doke attended the recent OEP Conference and received a lot of great information.  He then noted that one idea he thought was great was to request one colorized copy of a plan for each application because it is helpful in identifying features.  Kathy will email a copy of the PowerPoint presentation on plan reading that was given at the conference for the members to review and form their own opinions.
At 6:27pm, Jim Horgan motioned for a short recess, 2nd Dave Kestner.   Motion carried with all in favor.

At 6:38pm the Board reconvened and Charlie King arrived.

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 (IB) Zoning District.  Parcel is located on Precinct Road.

Paul noted that Mr. Cardinal is not present yet.  Jim Horgan motioned to table this discussion until the end of the meeting, 2nd Charlie King.  Motion carried with all in favor.

Compliance Hearing for Energy Resources Group, INC (ERG).
Steve Roberts, attorney for Powerhouse Machine (the owner of the property), introduced Keith Frisbee as the principal owner of Powerhouse Machine and Terry Wetherly the manager of ERG.  Mr. Roberts explained that he had a discussion with Kathy last Friday and they are amiable to provide the Board with an amended site plan to reflect the outside storage.  He then noted that the Fire Chief had some concerns about the width of the right-of-way around the building and they are certainly willing to deal with that.  There are no environmental issues with the outside storage on-site and this was confirmed by NHDES investigator, Dave Leathers.

Paul noted that during the site walk the Board noticed there were piles of sandblasting waste at the rear of the building and the Board was concerned this might leach into the ground.  Mr. Roberts explained the material was cleaned up but test also showed there was no potential contamination of any kind.  Paul noted that the Board would appreciate a copy of any of the reports or lab tests.  

Dave noted that during the site walk there was a tremendous amount of outside storage and questioned what type of outside storage they would be proposing on the amended plan.  Mr. Frisbee noted that cost effectively he would not want to get rid of any of the materials but he would be willing to organize them more effectively.  Dave noted there was a travel trailer present on the property as well and Mr. Frisbee noted that the trailer is used on job sites when they have to stay over at a site to complete a job.  Charlie King added that he was very concerned about the amount of scrap metal on site and questioned if it would all be reused.  Mr. Roberts replied that they keep the materials that they plan to reuse at some point though it might not be immediately and NH DES did not find any areas of concern upon their visit.

Kathy informed the Board of what occurred during the site visit with herself, Dennis Roseberry and Dave Leathers of NHDES.  During the visit, Mr. Leathers asked many questions, made a few minor suggestions and noted he had no contamination concerns.

Paul opened to Public and Dave Connolly, Chairman of the Conservation Commission, thanked Mr. Weatherly for his hospitality and allowing himself and Jim Horgan to re-visit the site today.  During their site walk today 90% of their concerns have been addressed.  They would just like the silt fencing to be removed and would suggest a limited easement boundary survey be completed to protect all parties involved.  Also, during the visit he noticed the sink holes were filled in.

Paul closed the public hearing.

The Board discussed with the representatives that June 15th would be a good time to do the pre-application discussion for the amended plan.  Cindy asked Kathy to have the Fire Chief provide the Board with a memo regarding the appropriate width of the access.  Jim Horgan motioned to continue this ERG compliance hearing to June 15, 2010, 2nd Charlie King.  Motion carried with all in favor.

At 7:36pm, Paul Parker motioned for a short recess, 2nd Jim Horgan.  Motion carried with all in favor.

At 7:44pm the Board reconvened.

Application for Site Plan Review Approval By: Irving Oil Corporation (Tax Map R20, Lots 33 & 34) to allow for redevelopment of existing retail motor fuel outlet and Voluntary Merger of lots 33 & 34, in the Commercial Business (CB) Zoning District.  Parcel is located at 449 NH Route 11.

Jason Plourde explained that they have been working with FST to resolve the traffic concerns and they now have a letter from FST stating they are in agreement with the current plans and have no further concerns, which is stated in a letter dated May 15, 2010. Mr. Plourde then explained that their traffic site distances meet all AASHTO requirements, which are more stringent than NHDOT.  Kathy confirmed that FST has no further concerns on the traffic and the drainage study.

Frank Montiero stated that they have received NH State approval for underground storage which was the last approval they needed.  The septic approval was issued in March 2010.  The amended NHDOT permit is still pending for the median change.  

A discussion was then held on the traffic lights and how they will work.  Mr.Plourde explained that the traffic light change will include the facts that Meetinghouse Hill Road and Rte. 153 will have separately green lights to assist with the traffic concerns.  Paul then asked if the proposed lighting will be away from the road and Mr. Monteiro replied that the proposed lighting will face down and not point into the roadways.  Charlie King asked about the winter snow storage area and Mr. Monteiro pointed out the areas set aside on the plans.

Kathy stated that all the concerns of both the Board and FST have been resolved and she would suggest the Board consider as conditions of approval 1. The 10’ increase to the proposed median, 2. All state permits obtained, 3. A pre-construction meeting between the applicant, contractor, Kathy and FST and 4. Construction inspections of the drainage system.  Charlie K. asked when the applicant would expect to commence construction and the applicant replied they would like to begin in the next few weeks and expect construction to be complete by the end of September.

Paul closed the public hearing.

Charlie King motioned to approve the application by Irving Oil Corporation (Tax map R20, Lots 33 & 34) to allow for the redevelopment of existing retail motor fuel outlet and Voluntary Merger of lots 33 & 34 with the following conditions; 1. Modification to the median/island as discussed, 2. All state and federal permits obtained, 3. Construction inspections of the drainage system, 4. A pre-construction meeting with town staff and engineers, 5. An escrow amount set aside based upon engineering estimate and 6. The building permit issued conditional upon items 1,2, 4 and 5 being satisfied., 2nd Jim Horgan.  Motion carried with all in favor.

At 8:26pm, Jim Horgan motioned for a short recess, 2nd Charlie King.  Motion carried with all in favor.

At 8:32pm the Board reconvened.

Application for 2-lot Subdivision Amendment By: Sargents Pond Development Co. LLC (Tax Map R49, Lots 15 & 15-1) to amend the existing Subdivision Plan Approval from 1 duplex on each lot to 1 single family home on each lot; in the Rural Residential (RR) Zoning District.  Parcels are located on Trotting Park Road.

Chris Berry of Berry Surveying and Engineering reviewed the plan and explained that there is a single family 3 bedroom home on one lot and they are proposing to mirror that home on the second lot.  He further explained that they have removed the utility pole between the two lots because they are not required and will be pulling down the utilities on the present pole.  They did get a driveway permit from the Public Works Director as well.  

Charlie K. questioned if the proposed second driveway is going to be where the existing trail is and Mr. Berry replied yes, but that access will be removed due to an agreement to install a culvert under the two driveways with Joel Moulton.  Kathy asked if the 50 setback was corrected on the plans and Mr. Berry replied yes.  

Jim Horgan motioned to accept the application for site plan review approval for 2-lot Subdivision Amendment By: Sargents Pond Development Co. LLC (Tax Map R49, Lots 15 & 15-1) to amend the existing Subdivision Plan Approval from 1 duplex on each lot to 1 single family home on each lot as substantially complete, 2nd Charlie King.  Motion carried with all in favor.

Mr. Berry stated that the applicant is proposing to record sheet one of the plans at the Registry of Deeds.  

Paul closed the public hearing.

Charlie King motioned to approve the Application for 2-lot Subdivision Amendment By: Sargents Pond Development Co. LLC (Tax Map R49, Lots 15 & 15-1) to amend the existing Subdivision Plan Approval from 1 duplex on each lot to 1 single family home on each lot with the following conditions of approval; 1. Original driveway be abandoned and 2. All drainage improvements be completed and signed off on by the road agent before issuance of the Certificate of Occupancy, 2nd Jim Horgan.  Motion carried with all in favor.

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 (IB) Zoning District.  Parcel is located on Precinct Road.

Kathy stated that she believes the reason why Mr. Cardinal is not present tonight is because he was given conflicting information.  She noted the Board agreed in March that he could use the surveyors map that he had and the tax map for a locust but then in April was told the information was not sufficient and therefore he was probably confused or overwhelmed by the process.  She then asked exactly what the Board would like from the applicant.  Paul replied that the exact waivers that he is requesting needs to be in writing.  Kathy replied that this gets back to her suggestion that the Board create an application that would be for simply a change of use only.  It was also commented that the Board would need to know if there are wetlands or steep slopes on the parcel.

Jim Horgan motioned to find the application for a minor site plan approval by Arthur Cardinal (Tax Map R31, Lot 017) as not complete, 2nd Charlie King.  Discussion followed in which Dave stated that there have been other applicants that have provided more information than this applicant even with hand drawings and he doesn’t feel the Board is over zealous by requesting some additional information.  Paul said there are other issues with this application in that it came to the Board as a result of Code Enforcement finding them non-compliant.  Motion failed with Charlie Doke and Jim Horgan in favor and the remaining members opposed.

Charlie King motioned to continue the application for Minor Site Plan Approval By: Arthur Cardinal (Tax Map R31, Lot 017) to June 15, 2010, 2nd Cindy Snowdon.  Motion carried with all in favor.

At 9:11pm, Cindy Snowdon motioned to adjourn, 2nd Glen Demers.  Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary


_________________________________________
Chairman, Paul Parker