TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, June 1, 2010
356 Main Street, Farmington, NH
Board Members Present: Paul Parker, Glen Demers, Dave Kestner, Charlie Doke, and Jim Horgan
Board Members Absent: Cindy Snowdon and Tracy Major
Selectmen’s Representative: Charlie King
Town Staff Present: Director of Planning and Community Development Kathy Menici and Fire Chief Rich Fowler
Public Present: Neil Johnson
At 6:03pm, Chairman Paul Parker opened the meeting and seated Jim Horgan for Cindy Snowdon.
BUSINESS BEFORE THE BOARD:
- Discussion of Subdivision Plan Lot Regulations – Kathy informed the Board that she researched how other towns identify buildable area and found that the Town of Bedford’s Subdivision Regulations’ language meets the goals this Board has discussed on buildable area. The Board quickly reviewed the language in the document and agreed it was very close to the language they would be looking for.
Charlie King motioned to table the discussion till the end of the meeting, 2nd Jim Horgan. Motion carried with all in favor.
- Update on Excavation Permit Applications – Kathy informed the Board that back in March her and Dennis sent out letters to all the existing gravel pits in Town to inform them that they would be required to come into compliance with state law regarding their excavation permits if they were not already. In the correspondence they were given a list of what the town needed from them to be in compliance and all of those contacted did respond. The smaller sites are all in compliance but Dennis has had to send follow-up letters to Aggregate Industries and Pike Industries to notify them that they have until June 21, 2010 to come into compliance. If their noticed documents are not provided to the town by the specified date then Dennis will give them a Cease and Desist Order.
- Discussion of Petition regarding Tax Map U07, Lot 007 – Ten residents of Main Street petitioned the Board to have Mr. William Duchano at 300 Main Street, clean-up their property and comply with the Housing Ordinance. Dave asked if Dennis has visited the site and verified the signatures on the petition and Kathy replied that Dennis was waiting for direction from the Board to inspect the site and he might have verified the names but she is not sure. Kathy then stated that a correspondence from legal counsel stated that the Board should at this time direct Dennis to complete an inspection of the outside of the home and the yard to see if a violation exists. Dave pointed out that the Housing Ordinance deals with safety and stability of the building and the sanitation of
the home for occupancy. Paul stated there is nothing in the Housing Ordinance that deals with the exterior of the building and questioned if the Board has any jurisdiction. Kathy pointed that page 12 of the Ordinance does deal with the exterior. Jim stated that the Board has to concentrate on the stated concerns in the petition and direct Dennis to investigate just the complaint.
Charlie King motioned to have Dennis Roseberry, Building Inspector, inspect this property regarding the issues raised in the petition for compliance with the Housing Ordinance and report back to the Board with his findings, he should notify the land owner of the complaint and verify the signatures on the petition, 2nd Jim Horgan. Motion carried with all in favor.
- Any other Business to Come Before the Board – Kathy informed the Board that often the Planning Office receives copies of permit applications and their responses from state agencies and she questioned if the Board desired copies of all these documents. The Board agreed they did not need copies of each document but would appreciate it if Kathy could list the permit applications received in her memo to the Board. A copy of all permit applications and their correspondence will be kept on file in the Planning Office.
PUBLIC HEARING 6:44 P.M.
- 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. Continued from May 4, 2010.
Paul asked the Fire Chief Rich Fowler if the State passed legislation to require sprinkler systems in all new developments. Rich replied that this legislation has not passed yet. Charlie then stated that another concern brought up at an earlier meeting was whether or not a cistern would be required if the homes are built with sprinkler systems. Rich replied that sprinkler systems are not made to put a fire out but to get the family out of the home and hopefully keep the fire at bay until the fire department arrives. Charlie stated that in his opinion he would not be in favor of requiring both a cistern and a sprinkler system. The Board discussed that they previously agreed one or the other would be a good start and appropriate at this
time. Rich added that he would agree and would be happy to move forward with the document as written.
Kathy stated that when this document was reviewed by town counsel they stated the last sentence needs to read the cistern will follow the standards in place at” time of approval” instead of when it is “built.”
Paul opened the discussion to the public for comment. Neil Johnson, suggested adding a section that states this policy will be null in void if the state passes new legislation that is more restrictive like the requirement of sprinkler systems in all new residential development. It was then discussed that a D and E should be added to the end of the document to add residential sprinkler systems and other approved protection systems.
Jim Horgan motioned to accept the changes discussed tonight to the Fire Cistern Policy, 2nd Charlie King. Motion carried with all in favor.
Paul closed the public hearing.
Jim Horgan motioned to schedule a public hearing for the revised Fire Cistern Policy for July 6, 2010, 2nd Charlie King. Motion carried with all in favor.
- PUBLIC HEARING to accept input from the public regarding proposed revisions to the Fee Schedule for the Town of Farmington Planning Board.
Kathy informed the Board that Elaine, Planning Office Secretary, put together the memo regarding the fees that need to be reimbursed to applicants that paid their fees based on the incorrectly accepted fee schedule. All of these fees are from applications accepted from June 8, 2008 and forward.
Jim Horgan motioned to reimburse all those applicants listed on the memo the fees they were mischarged due to the error, 2nd Charlie King. Discussion followed where Charlie K. will inform the Selectmen on these reimbursed fees. Motion carried with all in favor.
The Board reviewed the Fee Schedule. Paul reminded Kathy that the Board had decided to change the minor site plan application to $100 and Kathy made the change.
Paul opened the hearing to the public and there was no comment. It was discussed that this fee schedule will need to be reposted for a public hearing because of the change to the minor site plan. Kathy asked for the Board to verify that there is only one charge for the minor site plan and not the additional $100 per lot like the major site plan applications.
Jim Horgan motioned to add the $100 fee per each newly created lot for a minor site plan application to be consistent with the major site plan application, 2nd Charlie King. Motion carried with Paul Parker opposed.
Paul closed the public hearing.
Charlie King motioned to accept the Fee Schedule as amended tonight and post for public hearing for July 6, 2010, 2nd Jim Horgan. Motion carried with all in favor.
At 7:27, Jim Horgan motioned for a recess, 2nd Dave Kestner. Motion carried with all in favor. Motion carried with all in favor.
At 7:36pm the Board reconvened.
- Continued Discussion of Subdivision Plan Lot Regulations –
Dave asked where in the Subdivision Regulations Kathy would suggest placing any language for lot regulations. Kathy replied that the Subdivision Regulations as a whole need some review and attention and she would suggest starting with the New Hampshire state model regulations. The current regulations were last amended on July 15, 2008 which was shortly after the Selectmen voted to accept the revised fee schedule so she would assume that was the amendment made at that time. Kathy suggested amending the current regulations to include the changes to the lot regulations and then take some considerable time to review the remaining document. Dave asked if this amendment could be placed in Section 4.02 and Kathy replied that 4.04 Lot Layout might be
more appropriate. The amendment being discussed states “Each lot shall be configured such that a rectangle with dimensions of 100 feet by 75 feet of Buildable Area or a circle with a diameter of 100 feet of Buildable Area can be contained within it.” Though the actual numbers have not yet been determined.
It was discussed that the Board previously thought to require the buildable area to be an acre. Kathy said that an acre might not be necessary and that what the Board needs to ensure that there is an area in the uplands that can contain the dwelling and its required wells and septic. She added that 40,000 square feet of continuous upland is not necessary in her opinion and maybe too restrictive. Charlie K. suggested requiring 40,000 feet of contiguous uplands and 30,000 feet of buildable area and the Board agreed this would be a good idea. Also to address the narrow lots a clause should be added that the contiguous uplands cannot have an area narrower than 20 feet.
Kathy will work on some draft language to bring back to the board. Jim Horgan motioned to continue this discussion on August 3, 2010, 2nd Dave Kestner. Motion carried with all in favor.
At 8:23pm, Jim Horgan motioned to adjourn, 2nd Glen Demers. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paul Parker
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