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Planning Board Minutes 07/20/2010
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, July 20, 2010
356 Main Street, Farmington, NH

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

Board Members Absent:           Cindy Snowdon (excused)
Selectmen’s Representative:     Charlie King
Town Staff Present:             Director of Planning and Community Development Kathy Menici
Public Present:                 Dave Mott, Randy Tetreault and Paul Plourde

At 6:07pm, Chairman Paul Parker opened the meeting and seated Jim Horgan for Cindy Snowdon

BUSINESS BEFORE THE BOARD:
  • Review and Approve Meeting Minutes of 6-15-10 and 7-6-10:
Jim Horgan motioned to approve the minutes of 6-15-10 as written, 2nd Glen Demers.  Motion carried with Tracy Major, Charlie Doke and Charlie King abstaining.

Jim Horgan motioned to accept the minutes of 7-6-10 as written, 2nd Glen Demers.  Motion carried with Tracy Major abstaining.

  • Other Business to Come Before the Board:
  • Paul read a memo from Dennis Roseberry, Code Enforcement Officer, updating the Board to the fact that he is stating awaiting confirmation of the signatures on the petition regarding 300 Main Street.  Kathy informed the Board that the final signatures were verified today and Dennis will be ready with a report for the Board in August.
Jim Horgan motioned to schedule the discussion on the 300 Main Street petition to August 3, 2010, 2nd Dave Kestner.   Motion carried with all in favor.

  • Kathy informed the Board that Irving Oil supplied the Board with a construction inspection services estimate with the total amount being $9,439.00.
Jim Horgan motioned to accept the construction inspection estimate by Irving Oil, 2nd Charlie King.  Motion carried with all in favor.

  • At 6:16pm, Charlie King motioned for a 15 minute recess, 2nd Jim Horgan.  Motion carried with all in favor.
Paul called the meeting back to order at 6:32pm.

PUBLIC HEARING 6:32 P.M.
CONTINUED CASES:
  • Application for Major Site Plan Approval By: Catherine Natale (Tax Map r29, Lot 12-4); To allow for a 576 sq ft. structure to house a small scale retail store.  In the Agricultural Residential (AR) Zoning District.  Parcel is located at 576 Ten Rod Road.
Paul reminded the Board that this application was continued last month so that the applicant could attend the Zoning Board of Adjustment meeting.  The applicant was granted the variance last Thursday.  David Mott, surveyor for the project explained that he would be willing to let the next applicant have his case heard prior to his.
Jim Horgan motioned to reverse the items on the agenda, 2nd Charlie King.  Motion carried with all in favor.



NEW CASES:
  • Application for 2 lot Subdivision Approval By: Richard Gosselin (Tax Map R15, Lot 001); To allow for One (1) residential unit.  In the Rural Residential (RR) Zoning District.  Parcel is located on Chestnut Hill Road.
Randy Tetreault of Norway Plains, explained the applicant would like to subdivide 5 acres out of 82 acres.  The 5 acre lot has an approved 3 bedroom home site, with an existing driveway and wetlands delineated.  The lot meets the contiguous upland requirement.  

The applicant requested a waiver from Section 4.09B of the Farmington Subdivision Regulations: Final disposition of land…the Board in its discretion may determine a full boundary sketch…accompanied by a survey of the small lot being subdivided from the initial property…  Another written waiver request was received for Section 4.09H of the Farmington Subdivision Regulations:  All data required for the preliminary layout submission.  The waiver is requested for 1. Full boundary survey of the entire 72 acre tract, 2. Topography of the entire 72 acre tract and 3. Wetland and soil delineation of the entire 72 acre tract.  Mr. Tetreault explained that the remaining tract will not be changed in any way and Kathy did inform them that if any other requests for subdivision for these parcels was to come forward in the future then a full survey will be required.  Mr. Tetreault explained that he spoke with his client and he stated that he has no future plans.

Kathy informed the Board that there are items missing from the application and the Board needs to consider them and if the application is complete before moving forward on the application.  Kathy explained that the applicant neglected to include the following information on the plat; 1. Section 4.06.01 – Foliage Lines, 2, Section 4.08 F – Large Trees and Foliage Lines, 3. Section 4.09 – Permanent Black Ink/Permanent Reproducible linen or Polyester Film and 4. Section 4.11A – Legal Data – Written Statement for the Tax Collector.  Mr. Tetreault responded that he added the foliage lines to the plans and would like the large tree requirement to be a condition of approval so that he can add them when he is in the field staking out the parcel.  As far as the letter stating all the taxes are paid up to date, Mr. Tetreault stated he thought the requirement was no longer legal but he could provide this if needed.

Charlie K. asked if there is any early boundary survey of the large parent parcel and Mr. Tetreault replied that there has never been a survey but the abutting parcels have been surveyed.  Charlie K. followed up by asking how the Board can be sure there is no boundary dispute where this subdivision is requested.  Mr. Tetreault replied that the parcel is bounded by physical evidence (like rock walls and fence), matches the deeds, and is surrounded by surveyed properties.  Dave questioned why the duplexes and apartment buildings were not included on the plan when every structure/driveway within 200 feet of the outside boundary is supposed to be included.  Mr. Tetreault replied that he can certainly add these items but he originally was under the impression that the Board had these other plans on file from the previous subdivision and would utilize them.  It was also noted that the buffer zones need to be delineated as well.

Jim Horgan motioned to grant the waivers requested contingent upon modifying the plan to include significant trees within the 5 acre parcel, modifying the plan to depict the setback lines/building envelope of the 5 acre parcel, modifying the plan to depict the topography and delineation of the wetlands of the 5 acre parcel and providing a letter to the Town stating all taxes are paid to date upon legal review, 2nd Glen Demers.  Motion carried with all in favor.

Jim Horgan motioned to accept the application by Richard Gosselin (Tax Map R15, Lot 001) as substantially complete, 2nd Glen Demers.  Motion carried with all in favor.

Mr. Tetreault then stated that the existing structure has an approved septic design and a 32” x 40’ slab installed.  Paul then opened the hearing for public comment.  Abutter, Paul Plourde, requested to see the plan up close because he was wondering if there was proposed access abutting his property.  Charlie K. then asked how many residences are on the north side and Mr. Tetreault replied there are three residences.  Paul closed the public portion of the hearing.

Charlie pointed out that Kathy listed some recommended conditions of approval in her memo.  One recommendation was to have the plat stamped and signed by the wetlands scientist who performed the wetlands delineation and Mr. Tetreault replied this has been done.  She also suggested having the wetlands buffer and setbacks noted on the plat and this was already discussed.  The last recommendation was to mark the wetlands buffer every 30 feet in the with markers available from the Town Conservation Commission.  It was discussed that the markers the Conservation Commission has states “Conservation Commission” so these would not be appropriate to use.  Kathy suggested the Board look into purchasing some of these signs.  It was decided that the applicant shall use permanent markers to mark the wetland buffer adjacent to the developed area.

Jim Horgan motioned to accept the 2-lot subdivision application by Richard Gosselin (Tax map R15, Lot 001) conditional upon; 1. Delineation of Large trees of 5 acre parcel being depicted on the plat, 2. A written statement for the tax collector upon legal review, 3. Plan to be stamped and signed by the wetlands scientist who performed the wetlands delineation, 4.
Wetlands buffers and setbacks to be delineated on the plan, 5. wetland markers installed adjacent to developed area marked every 30 feet, and 6. Depiction of existing conditions within 200 feet of proposed lot, 2nd Charlie King.  Motion carried with all in favor.

At 7:34pm, Dave Kestner motioned for a short recess, 2nd Jim Horgan.  Motion carried with all in favor.

Paul called the meeting back to order at 7:44pm.

CONTINUED CASES:
  • Application for Major Site Plan Approval By: Catherine Natale (Tax Map r29, Lot 12-4); To allow for a 576 sq ft. structure to house a small scale retail store.  In the Agricultural Residential (AR) Zoning District.  Parcel is located at 576 Ten Rod Road.
Paul informed the Board that the ZBA granted the variance to allow a mixed use on the parcel with one condition of approval in that the hours of operation be limited to 7am to 9pm, seven days a week.  David Mott, of Mott Survey Company, LLC, explained the application.  The applicant is proposing to utilize the very front of the 64 acre parcel on Ten Rod Road.  The existing parcel has an existing driveway.  Nathan Fogg of Fogg Environmental did review the property and marked a small wetland area.  The proposed store structure is proposed to be a garage type structure.
Paul questioned the Board as to whether they feel this application warrants a minor or major site plan review.  Kathy stated that this is a non-residential use and should trigger a full major site plan review, though the Board as the authority to waive these regulations and review the plan as a minor site plan.  Jim asked if there is still consideration to create a campground on the site and Mr. Mott replied that there are no plans at this point to move forward with a campground because of the hurdles with the topography/wetlands of the back of the property.  Jim followed up by asking if there are plans to include propane and other hazardous materials.  Mr. Mott explained that Ms.Natale’s intent is to have a small general store and is not proposing any hazardous materials of this nature.  Jim then inquired about the building itself and Mr.Mott explained the applicant is proposing a garage type structure so that if the store fails it can be easily changed to a house garage.
Dave asked why four electrical poles with utility lines were installed on the property when there is no intent for development on the rear of the parcel.  Mr. Mott replied that he thinks Ms. Natale installed these utilities before he reviewed the property and discovered the many hurdles they would have to cross for a campground.  
Paul reminded the Board that as a result of the TRC meeting a number of issues were raised and the Board needs to decide if this will be a minor or major site plan review.  Charlie K. stated he is concerned about the drainage on the site and would not be in favor of waiving this requirement, along with a few others.  Charlie K. asked if the wetlands were delineated on the entire parcel and Mr. Mott replied no, but the wetlands were delineated beyond the proposed impact area.  Charlie K. followed up by asking if Mr. Mott has an electronic copy of the delineated wetlands and Mr. Mott replied no, he has GPS coordinates in mapping grade.  Many of the members voiced that they feel this application would require a full site plan review.
Dave Kestner motioned to have this application by Ms. Natale to be a major site plan review, 2nd Tracy Major.  Motion carried with all in favor.
Mr. Mott explained that the applicant is requesting a waiver from Article III. Section 18 and accept the plan reference to an existing and recorded boundary survey dated 1980 to satisfy the boundary survey.  The Board was in agreement that this would satisfy the need once a copy is provided to the Board.  Charlie and Dave both then stated they would like the wetlands delineated on the plan to the field side of the woods road depicted on the plan.  Dave asked if there is a NHDES approved wetlands crossing permit and Mr. Mott replied he is not sure but he can ask.  Paul then asked when the applicant acquired the parcel and Mr. Mott replied he can find out.  Mr. Mott then asked if he can provide the additional wetland information on an additional 11 x 17 sheet and the Board agreed this would be acceptable.
Paul then read the request for waiver from the sound reproduction devices. Dave asked Mr. Mott to address this requirement and Mr. Mott asked how he should do this when he is not allowed on the abutting property.  The Board stated that approximate locations can be depicted.  A waiver was requested from Article III. Section 19 for Traffic Impact Analysis and Kathy stated that this item does not have to be waived because it is under the threshold and not required.  The next waiver was from Article II. Section 20.D and 22.B for Bituminous Pavement and the Board agreed they would not be in favor of waiving this request in its entirety because they would want to ensure proper handicapped parking and such.
A waiver was requested from Article III. Section 27 Storm Drainage, Erosion and Sediment Control Plan.  Charlie stated that the swale area would need to be addressed at a minimum and Dave added the roof line would also need to be included.  Mr. Mott explained the drainage on the property is naturally cared for with the existing topography.  The last waiver request was from Article III. Sections 34 and 35 Water Supply and Sewage Disposal and Paul stated that the Code Enforcement Officer had a concern with their being no restroom facilities proposed even though there are part-time employees proposed.  Mr. Mott explained the applicant would like to utilize the house restroom to meet this need.  Kathy stated that the Health Officer will not allow the home restroom to be used for the store facilities; she also asked for the existing well to be included on the plan.  Mr. Mott replied that he inadvertently left the location of the well of the plan and will fix this and he will also, address the issue of a restroom and sink facility with the applicant.
Jim stated he would also like to see a number of items addressed; 1. Signage, 2. Trash disposal and fencing, 3. Lighting, 4. Site distance with possible road signage, 5. Having driveway laid out to be perpendicular to the road or expand it to meet the traffic safety concerns and 6. All the other items discussed tonight.  Paul noted that it would be nice to have the handicapped parking space closer to the entrance of the store.
Charlie King motioned to continue the discussion of acceptance of the application by Ms. Natale (Tax Map R29, Lot 12-4) to August 17, 2010, 2nd Jim Horgan.  Motion carried with all in favor.
At 9:01pm, Charlie King motioned to adjourn, 2nd Jim Horgan.  Motion carried.

Respectfully Submitted,
Brandy Sanger
Recording Secretary


_________________________________________
Chairman, Paul Parker