TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, August 3, 2010
356 Main Street, Farmington, NH
Board Members Present: Paul Parker, Charlie Doke, Cindy Snowdon and Jim Horgan
Board Members Absent: Glen Demers (excused), Dave Kestner (excused) and Tracy Major
Selectmen’s Representative: Charlie King (excused)
Town Staff Present: Director of Planning and Community Development Kathy Menici and Code Enforcement Officer Dennis Roseberry
Public Present: Neil Johnson, Dave Connolly, William Duchano, Tom Huckins and Carmen Poupolo.
At 6:03pm, Chairman Paul Parker opened the meeting and seated Jim Horgan for Dave Kestner.
BUSINESS BEFORE THE BOARD:
Charlie Doke motioned to move item four up on the agenda, 2nd Jim Horgan. Motion carried with all in favor.
- Report from Code Enforcement Officer re: Petition Regarding 300 Main Street – Dennis provided the report he created after investigating the petition complaint from 10 residents regarding 300 Main Street. He informed the Board that historically the Board has addressed life safety and health concerns and not aesthetic complaints though the Board may act as they wish. He has not investigated the inside of the home because there were no complaints regarding the interior and he would require a warrant to get inside the home. Dennis reviewed the photos he took with the Board and pointed out the concerns. These concerns primarily dealt with the unfinished addition to the home, inadequate roofing, siding and fencing. Dennis informed the Board that prior complaints
on the property were concerning the amount of vehicles and trash on the property. There is now a dumpster on the property and the number of vehicles is down to two (one registered and one not).
Jim read Section X. 2 of the Home Maintenance and Occupancy Code and questioned if Dennis felt the dwelling is unfit for human habitation and Dennis replied that he cannot make that summation because he has not inspected the interior of the dwelling. Cindy asked Dennis if he has ever had to process such a complaint during his tender with the Town and Dennis replied no.
Mr. William Duchano informed the Board that he has spoke with the tenant and told him that he needs to finish the roof and siding and take the fencing down, though he did just learn that the tenant is disabled so the work will take a little longer than anticipated. He then offered the Board photos of the debris at the back of the yard and explained that the water from the back of the cemetery carries the debris to the edge of the property. Paul asked if the work can be estimated to be completed before the end of the year and Mr. Duchano replied yes, it will be completed before winter. Charlie D. asked if he would be agreeable to the Code Enforcement Officer to review the site when the repairs are complete.
Carmen Poupolo, abutter expressed that he is very upset about the property because it has been an ongoing issue. The fence the Duchano’s want to remove is on his property and he does not want it removed because then the property will be more readily viewable from his property. The fence is on his property but it is their fence. He stated he feels the home needs to be inspected on the inside because he feels it is a health and safety issue. Charlie D. asked Mr. Duchano would be opposed to an interior inspection and Mr. Duchano replied that he would like to resolve the petition complaint on the exterior at this time and would like to talk to the tenant first because he is doing some interior work in the form of insulation and sheetrocking. Dennis explained that any upgrades and structural changes, including replacement of insulation require a permit. Mr. Duchano replied that there is only sheetrock replacement being completed at this time.
Paul closed the public portion of this discussion. Paul reread the section from the Housing Maintenance and Occupany Code and questioned the Board on how they feel they should proceed. Jim stated that he feels the home needs to have an interior inspection for the safety of the families inhabiting the dwelling. He is also concerned that ten residents have brought this forward to the Town and therefore felt strongly enough that something needs to be done, so immediate action needs to be taken to rectify the complaints.
Kathy stated she is concerned with Mr. Duchano’s comments that his tenant was doing insulation and sheetrock replacement and then after Dennis’ comments he changed it to say there was just sheetrock replacement. Paul informed Mr. Duchano that he should speak with his tenant and then with Dennis and create a schedule as to when the work will be completed. An update should be given to Dennis by August 12th.
Charlie Doke motioned to continue the discussion to address this petition on August 17, 2010 for an update so the Board can make a decision, 2nd Jim Horgan. Discussion followed in which Jim stated that he would like Dennis to create a deficiency letter to Mr. Duchano so that all parties involved are aware of exactly what needs to be completed. Motion carried with all in favor.
Jim Horgan motioned to instruct Dennis Roseberry to create a specific deficiency letter in regards to the external deficiencies of the dwelling to Mr. Duchano with a 30 day timeline to correct those deficiencies (timeline begins upon date of his letter), 2nd Charlie Doke. Discussion followed in which Dennis stated that he would like to re-visit the property with Mr. Duchano when he creates the deficiency list so that Mr. Duchano is aware of what is on the list. Motion carried with all in favor.
Jim Horgan motioned for a five minute recess, 2nd Charlie Doke. Motion carried with all in favor.
- Review and approval of FST estimate to review as-builts for Governors Ridge Subdivision – Kathy explained that the estimate has been reviewed by the applicant and the escrow is already in place. Charlie Doke motioned to accept the FST estimate for Governors Ridge Subdivision, 2nd Jim Horgan. Motion carried with all in favor.
Kathy informed the Board that she would like to review the process for estimate approval with the Board at a later date when there is a full board. In other towns that she has worked with the engineering review is not held up for Planning Board estimate review when the applicant has no issues with the estimates. If the applicant has concerns with the estimate then the Planning Board should review it before it proceeds.
- Dave Connolly, Conservation Commission Chairman, to discuss potential mapping project – Dave Connolly reminded the Board about his previous discussion with the Board in regards to the proposed maps and overlays the Conservation Commission would like to have created for the town. Strafford Regional Planning Commission has provided an estimate to create these maps for $1470. At this point the Conservation Commission would like to request assistance with funding these maps and overlays. Kathy stated that these maps will benefit the entire town and especially the Planning Board and Conservation Commission. Charlie D. asked if there is money in the Planning Budget and Kathy replied that there is $1000 in a budget line titled Strafford Regional Planning Commission. Cindy asked how much the Conservation Commission can put towards this project and Jim stated that they have the funds but it would reduce their budget drastically and cut remaining projects for the year. Cindy asked if
the Commission would be agreeable to paying half of the cost and Dave Connolly replied yes.
Cindy Snowdon motioned to appropriate $735 towards the maps and overlays from Strafford Regional Planning Commission as presented by the Conservation Commission, 2nd Jim Horgan. Motion carried with all in favor.
- Any other Business to Come Before the Board – Paul informed the Board that a problem has popped up with Tom Huckins approval because a note was supposed to be added to the recording plat that stated the road was intended to be private and the owners are responsible for the maintenance, as a condition of approval. Kathy reviewed the file and could not find a registered receipt that Randy Orvis received a copy of the Notice of Decision with this condition of approval. Mr. Orvis has told Mr. Huckins that he will be charged an additional fee for another plat and therefore Kathy prepared a letter that states the note and that would be recorded directly after the plat. Jim asked if this is legal and Kathy replied yes.
Charlie Doke motioned to accept the recording of the notice of the intent and ownership of the road to satisfy the condition of approval, 2nd Jim Horgan. Motion carried with all in favor.
- Continued Discussion – Subdivision Plan Lot Regulation – The Board was in agreement that this discussion should be held with a full Board.
At 7:59pm, Charlie Doke motioned to adjourn, 2nd Jim Horgan. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paul Parker
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