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Planning Board Minutes 05/04/2010
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, May 4, 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
Town Staff Present:             Director of Planning and Community Development Kathy Menici.
Public Present:                 Dave Connolly, Randy Orvis and Neil Johnson
At 6:00pm, Chairman Paul Parker opened the meeting and seated Jim Horgan for Tracy Major.
BUSINESS BEFORE THE BOARD:
  • Discussion of SMPO (Strafford Metropolitan Planning Organization) Technical Advisory Committee appointee and alternate
Paul explained that right now he is serving as the alternate and John Law was the appointee but has recently resigned.  Paul asked if any other Board members could make the commitment to the Committee as an appointee and no one could make the commitment at this time.  The Board decided it would be a good idea to post the opening on the Town website to see if any residents would be interested.  An appointee would serve for a two year term beginning on July 1, 2010 and ending on July 30, 2012.  Jim Horgan motioned to table this discussion until May 18, 2010, 2nd Dave Kestner.  Motion carried with all in favor.
  • Discussion of Development of Route 11 Corridor
Dave Connolly of the Farmington Conservation Commission shared a map with the Board that depicted the areas of land in Town that the Commission feels should be in conservation for reasons related to water supply, habitats and such.  The core conservation area is on the other side of Route 11 along Ten Road Roads, Meaderboro Roads and others in that area.  Paul asked if this information should be included in the Subdivision Regulations and Dave replied that it probably wouldn’t be a bad idea to keep them in mind when reviewing the Regulations.

Jim Horgan motioned to table the remaining Board Business until after the public hearings, 2nd Charlie King.  Motion carried with all in favor.

PUBLIC HEARING 6:30PM
  • PUBLIC HEARING to accept input from the public regarding amendments to the Town of Farmington Excavation Regulations.  The purpose of the proposed amendments is bring the Town of Farmington Excavation Regulations into compliance with NH RSA 155-E.  Following the Public Hearing, the Planning Board may vote to accept the amendments.
Paul reminded the Board that they had received suggested changes from the State to the Town’s Excavation Regulations.  Kathy added that the only changes proposed are necessary to bring the Town into compliance with State Laws.  Paul opened the Public Hearing at 6:41pm.  Paul noted that the regulation says the Planning Board cannot waive the regulations and Kathy replied that the bear minimum state requirements are in this regulation and therefore the Town would have no right to waive any of the requirements.  Paul closed the public hearing at 6:49pm.  Jim Horgan motioned to accept and approve the amended changes to the Farmington Excavation Regulations, 2nd Charlie King.  Motion carried with all in favor.
  • PUBLIC HEARING to accept input from the public regarding a proposed Fire Protection Regulation that, in part, requires the installation of a fire cistern or other water supply to be used for fire protection purposes.  Following the Public Hearing, the Planning Board may vote to amend the Town of Farmington Subdivision Regulations and the Town of Farmington Site Plan Review Regulations to include the Fire Protection Regulations.
Charlie K. informed the Board that he did have feedback from the Selectmen and they did have some concerns.  The first concern was where the document states “the association shall maintain ownership of the cistern until if and when the Town takes over ownership”; the Board feels it should not say “when” because they feel the acceptance is implied and they do not think that is a good idea.  Kathy asked if the Selectmen were concerned with taking over the cistern at some point and Charlie said no, the concern was that the wording implies that the Town will eventually accept the road and/or cistern and this might not ever be the case.  Paul suggested removing that part of the sentence and leave it up to the Homeowner’s Association to bring it to the Town for ownership at some point.  Charlie K. suggested changing the  “if and when” to “unless”.  Jim Horgan motioned to accept the change suggested by Charlie King to change the wording to “unless”, 2nd Charlie King.  Motion carried with all in favor.
Charlie then stated the Selectmen also commented on the alternative systems as lakes and ponds and questioned what requirements would relate to them.  Kathy replied that she believes the developer would have to meet the same standards required with the cisterns.  Jim agreed stating the distance requirements are based on our fire equipment being able to draw water and carry it a certain distance so it would seem reasonable for developers to meet the same requirements.
Charlie then explained that in January 2010 the requirement for all residential development starting in 2011 will include fire sprinkler systems and the Selectmen questioned if this regulation would be needed.  It was discussed that this regulation would be a good idea in the meantime and if the sprinkler system requirement stays in effect (since it is being lobbied) then the Board could repeal the regulation.  Kathy stated that she has been told by many fire chiefs that home sprinkler systems are made to control a fire until the fire department arrives and is not capable of extinguishing a full home blaze.  The Board was concerned that requiring a cistern and home sprinkler might be a cost developers are not willing to bear and a little excessive on the part of the Board.  Kathy will take to Chief Fowler to see what his opinions are on the matter and bring the information back to the Board on May 18.  
At 7:12pm, Paul opened the hearing to the Public.  Randy Orvis stated that he thinks just sprinklers should be an allowable fire protection apparatus because it is more affordable and it would be excessive to require both.  Neil Johnson added that one or the other would be more than what is already required and development would suffer by requiring both.  At 7:16pm, Paul closed the public hearing.  Jim Horgan motioned to continue the Public Hearing on the Fire Protection Regulations to June 1, 2010 and try to schedule the Fire Chief to join this meeting, 2nd Glen Demers.  Motion carried with all in a favor.
CONTINUED CASES:
  • Application for Major Site Plan Approval By: Dan N. Cutter Jr. (Tax Map R36, Lot 004) to allow for a 40’ x 60’ Commercial Building, Parking, Access and Drainage.  Property is located at 203 Paulson Road in the (CB) Commercial Business Zoning District.
Kathy reminded the Board that this has been on the Board’s agendas since December 2009 and has still not been accepted as substantially complete.  Jim Horgan motioned to find the application incomplete and inform the applicant they he may resubmit a complete application when he is ready, 2nd Dave Kestner.  Discussion followed in which Charlie K. stated the Board has not done this before and what happens now administratively with the fees and such.  Kathy explained that many staff hours have been spent on this application and the applicant has made   no attempt to complete the application.  Jim Horgan amended his motioned to include the refund of any escrow funds that are in place for the application, 2nd Dave Kestner.  Discussion followed in which Charlie K. noted he is opposed to this motion because historically the Board has continued cases for a long time and he would suggest notifying the applicant that the Board is considering taking action on the application.  Cindy agreed.  Jim noted that the applicant was given a list of deficiencies and has made no further attempts since.  Motion carried with Charlie King and Cindy Snowdon opposed.
At 7:32pm, Dave Kestner motioned for a short recess, 2nd Charlie King.  Motion carried with all in favor.
At 7:42pm the Board came back into session.
CONTINUED BUSINESS BEFORE THE BOARD:
  • Discussion of draft RFP for Engineering Review Services
Paul pointed out that the Board previously changed the RFP under #4 with an addition to include “Presentation of qualification that demonstrate the firm’s ability to perform the required services” as the fifth bullet.  Dave added that the submission dates and contact person should be changed as well.  Also under #7 the word “tie” should be amended to read “time.”  Charlie K. suggested removing section 5 because it depicts how the Town will deal with the proposals.  The Board came to the conclusion that section 5 should stay but the point system part of the section should be deleted.  Charlie King motioned to eliminate the part of section 5 starting with “all proposals…” and continuing to the end of this section, 2nd Jim Horgan.  Motion carried with all in favor.  

Paul asked if a one year contract is appropriate for this type of service and Kathy replied yes.  Charlie K. then asked if this RFP says the selected firm will do all the Board’s review or some.  Kathy replied that the Town would get a better rate and service if they used the firm exclusively though there will be an escape and conflict of interest clauses included in the contract.  Jim asked if a back up candidate should be identified in the beginning in case one is needed and Kathy replied that this should be discussed when reviewing the RFPs.  Charlie King motioned to post the RFP for Engineering on-Call Inspectional and Peer Review Services as amended tonight, 2nd Jim Horgan.  Motion carried with all in favor.

  • Discussion of conflicts between Zoning Ordinance and Subdivision and Site Plan Regulations
Paul reminded the Board that this was on the work agenda from last year and asked how the Board would like to move forward on addressing these issues.  Charlie K. suggested starting by making a list of the conflicts.  Kathy said that she will go through the documents and see what she can identify but would suggest that the Board address the issues as they come along because it will be difficult to identify all the conflicts with just a reading.  The Board previously discussed that they would also like to work on lot sizing.  Paul added that the Subdivision Regulations also needs to be revised to meet the Road and Driveway Standards.  Charlie K. reminded the Board that Mike Garrepy drafted a revised Subdivision Regulations for the Board to discuss years ago and Mike provided the Board with a copy again a few months ago.  

Kathy informed the Board that when she forwarded the amendments to the Zoning Ordinance that was passed at Town Meeting to Town Counsel, Laura Spector had some time and reviewed the remaining Ordinance and forwarded some comments and concerns.  Kathy would like to continue this discussion to the next workshop meeting so she can get all the information all together.  Dave Kestner motioned to continue this discussion until June 1, 2010 to allow Kathy Menici time to put together the information needed to further the discussion, 2nd Jim Horgan.  Motion carried with all in favor.

  • Extension of NH DOT Driveway Permit for Route 11-Ridge Road Farmington LLC
Kathy explained that this discussion is in regards to a site plan that was approved in January 2006.  She added that typically an applicant gets four years to make substantial development in order to be grandfathered but she looked up the Ordinances involved and there have been no changes to these sections so this would be a mute point.  Kathy added that NHDOT is asking for the Board’s comments in regards to the driveway permit before they will approve.  All the Conditions of Approval were satisfied and if there are no comments by the Board NHDOT will extend the permit.
Jim Horgan motioned to authorize Kathy Menici to forward an email to NHDOT to reflect the Planning Board has no concerns in regards to this Driveway Permit, 2nd Charlie King.  Motion carried with all in favor.

  • Nomination of Glen Demers to the Cocheco River Local Advisory Committee
Jim Horgan motioned to nominate Glen Demers to the Cocheco River Local Advisory Committee, 2nd Charlie King.  Motion carried with Glen Demers abstaining.  Charlie K. stated that it was discussed at the Selectmen’s meeting that there are three voting positions for the Town for this committee and therefore there is one seat still available.  Any resident who is interested in the protecting the interest of the community is welcome to apply for nomination by the Selectmen.
  • Any other Business to come before the board
Kathy reminded the Board that they asked her to review the fees charged by surrounding similar communities and she forwarded this information to the Board.  Paul would like to keep the fee schedule as it is and accept it “legally” so it can be utilized. Charlie K. suggested changing the fees to be $100 for applications that go to the Site Plan Review Committee or $100 per lot for a Minor application and a fee plus $100/lot for a Major Subdivision.  Kathy stated that she does not have concerns with the fee schedule as it is presented except for those applications heard by the Site Plan Review Committee.

Jim Horgan motioned to accept modification of $100 fee for a Minor Site Plan application, 2nd Charlie King.  Motion carried.  Now, the fee schedule needs to be posted for Public Hearing.
Dave Kestner motioned to post the Fee Schedule for Public Hearing for June 1, 2010, 2nd Jim Horgan.  Motion carried with all in favor.

Charlie K. then asked Kathy if she has had the opportunity to complete the list of funds that could potentially be owed to past applicants and Kathy replied that she is still working through this information.  
At 8:56pm, Jim Horgan motioned to adjourn, 2nd Glen Demers.  Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary


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Chairman, Paul Parker