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Planning Board Minutes 08/17/2010
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, August 17, 2010
356 Main Street, Farmington, NH

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

Board Members Absent:           Tracy Major and Cindy Snowdon (excused)
Selectmen’s Representative:     Charlie King
Town Staff Present:     Director of Planning and Community Development Kathy Menici.
Public Present: George Szerbic and Brian Berlin
At 6:03pm, Chairman Paul Parker opened the meeting and seated Jim Horgan for Cindy Snowdon.
BUSINESS BEFORE THE BOARD:
  • Review of Minutes -
Jim Horgan motioned to accept the minutes of July 20, 2010 as amended, 2nd Charlie Doke.  Motion carried with all in favor.

Jim Horgan motioned to accept the minutes of August 3, 2010 as amended, 2nd Charlie Doke.  Motion failed with Charlie King, Glen Demers and Dave Kestner abstaining because there were not enough voting members present.

Paul Parker motioned to table the acceptance of the 8-3-10 minutes until the September meeting, 2nd Jim Horgan.  Motion carried with all in favor.

  • Continued Discussion – Subdivision Lot Plan Regulation -
Charlie Doke motioned to continue this discussion until the end of the meeting, 2nd Jim Horgan.  Motion carried with all in favor.

  • Continued Discussion – Petition Regarding 300 Main Street -
Paul read a memo from Dennis Roseberry that stated he did inspect the property and the tenants have been temporarily removed until the required repairs are completed.  An electrician needs to be hired to commence the electrical upgrades starting with a new 200 amp service and meter panels, the 2ft. crawl space that surrounds the main house must be replaced, the tree in the back yard needs to be removed along with all the metal on the property.  Also the property owner noted to Dennis that the smaller outbuilding is to be torn down and removed and the larger one was to be relocated to comply with zoning set-backs, repainted and repaired.  A letter has not gone to Mr. Duchano in regards to these repairs yet (though he is aware of the needed repairs due to his meeting with Dennis); and therefore the 30 day time limit as not begun.

Jim Horgan motioned to continue this discussion until September 7, 2010, 2nd Charlie King.  Motion carried with all in favor.

  • Other Business –
  • Mrs. Stamatia Miminas has requested in writing a 6 month extension on her building permit because the project is taking longer than expected to begin.  She is currently searching for a licensed contractor to test for asbestos and lead.
Charlie King motioned to grant a six month extension to Ms. Stamatia Miminas regarding item #6 of the condition of approval for the purpose to allow the applicant to make significant progress by having contractors in place, studies completed and construction ready to begin, 2nd Jim Horgan.  Motion carried with all in favor.

  • Kathy reported that a letter dated 8-13-10 from the Conservation Commission stated that they identified all the concerns and previous potential violations have been eliminated at Energy Resource Group, Inc.
PUBLIC HEARING 6:30PM
CONTINUED CASES:
  • Compliance Hearing for Energy Resource Group, Inc (ERG):
A written request from ERG for a continuance until September 21, 2010 was received.  Jim Horgan motioned to grant the continuance, 2nd Charlie Doke.  Motion carried with all in favor.

  • 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.
A written request was received from Mott Surveying on behalf of the applicant to request a continuance until the next public hearing.  Jim Horgan motioned to grant the continuance to September 21, 2010, 2nd Charlie Doke.  Motion carried with all in favor.

  • Governors Road Subdivision – Review of As-Builts
Joel Moulton, Public Works Director, forwarded a memo after reviewing the as–builts plans and drawings in comparison to the original design/construction.  He noted that the ditch lines needed to be regraded/reshaped in various locations to meet the required minimum slope requirements of 3:1 slope.  Also the ditch lines where sparse vegetation and repairs are performed need to be top soiled and reseeded for stability.

FST provided a few comments as well.  They stated that it should be noted that some of the K values on the as-built profiles are labeled incorrectly and should be corrected.  Also, she noticed some different size culverts but they are comfortable with what has been constructed.  At culvert #2, a riprap apron at the pipe outlet needs to be completed.  FST noted several other changes from the original plans and design but feel that the as-builts appear to meet the need.  However, there is no way for FST to say definitively that the as-built drainage is appropriate without drainage calculations but they are comfortable.

Charlie King asked if there was any town staff present when the drainage changes were made to approve them and Mr. Szerbic replied no, the changes were made in the field at the suggestion of the engineer.  Charlie King then asked if when Joel Moulton visited the site did he take samples and such from the site and Mr. Szerbic replied he is unsure, but he knows he made periodic visits to the site.   Mr. Szerbic then noted that he thinks it is important for the board to note that FST wrote in their report that “it was noted during the November site walk that the as-built drainage facilities have successfully endured the last three years of record rainfall events.”

Dave commented that in looking at the photographs provided from the site walk the culverts need to be cleaned out.  He suggested that the applicant have the culverts cleaned so that they work appropriately.  Charlie King asked if the roads are top coated yet and Mr.Szerbic replied no they only have a base coat, but he would like to apply the top coat this fall.  Charlie K. then noted that the Board will need to get copies of Joel Moulton’s construction reports and findings to confirm the road was constructed appropriately.  Kathy asked if the applicant has an estimate for the top coat and Mr. Szerbic replied yes he has was from Pike.

Jim suggested the Planner and road agent visit the site to confirm all concerns have been met and then provide any additional information to the Board for the September 21, 2010 meeting.  Kathy noted that Mr. Szerbic has requested the Board visit his bond to see if any of the funds can be released but she would suggest waiting until after the September meeting.  Kathy then asked what direction the Board would like to take in regards to the drainage calculations for the as-builts.  The Board replied that they would like to see the construction notes and reports from Joel before making any final decision on this requirement.  Charlie King suggested drainage calculations be completed on culverts 2 and 3 for the as-builts because they are the only two culverts that were built at less capacity.  The Board agreed and the applicant agreed to furnish these calculations.  Dave asked for the applicant to confirm the culverts on the cul-de-sac (culvert 6 and the one on Cottontail lane) will work appropriately as well.  The applicant will provide these calculations as well.

Jim Horgan motioned to continue this hearing until September 21, 2010, 2nd Charlie King.  Motion carried with all in favor.

At 7:10pm, Charlie King motioned for a short recess, 2nd Dave Kestner.  Motion carried with all in favor.

The Board reconvened at 7:25pm.

  • Continued Discussion of Subdivision Lot Plan Regulation
Kathy explained that she looked at the current regulation and other towns’ lot plan regulations and created a draft proposal to address the Board’s concerns of buildable area.  The Board reviewed the draft Kathy prepared.  

  • Under the proposed definitions the last sentence states “slopes in excess of XX%” and Paul suggested this be “15%.”  The Board agreed with this suggestion.
  • Under 4.04.02 - the Board would like “or better” added to the end of the section.
  • Under 4.04.05 – Dave asked if this should include grass treatment swales.  Kathy will add “grass treatment swales after “catch basins.”
  • Under 4.04.07 - Kathy left some blanks because she was looking for direction from the Board.  Charlie King suggested having this point to the Space and Bulk Standards to be consistent and have 40,000 sq ft. in the 3 acre zones and 30,000 sq. ft. in the 1 acre zones.  The Board agreed.  Kathy stated she is concerned with putting this requirement in the zoning regulations because the Board would have no way to offer relief in the way of a waiver if it is logical to do so, where they would have the authority to waive a requirement in the Subdivision Regulations.  Dave replied that if it is not defined in the Zoning Ordinance then the requirement would not be there if the parcel is not being subdivided.  Kathy will work on the dimensions that should be placed in this document and bring it back to the Board.
  • Under 4.04.08 – Charlie King stated that he felt the requirement needs to be applied differently to the different zones.    The Board agreed to move forward with a  4:1 ratio at this time.
  • Under 4.04.12 – Paul asked what would be “reasonable size” and Kathy replied that there are standards that would address the appropriate size for a playground depending on the number of homes/residents.
  • Under 4.04.14 and 4.04.15 – Charlie K. noted that this is in conflict with the cluster subdivision regulation. Kathy will revisit this section after reviewing the regulations.
  • Under 4.04.16 – Charlie K. stated he thought condominiums required subdivision and site plan and Kathy replied that it requires both for different aspects of the plan.  There was an extensive conversation as to why there is a density bonus for condominiums and the Board noted it was to encourage the development.  Kathy replied that the reduction in costs should be incentive enough.
  • Kathy stated that the whole Subdivision Regulations probably need to be reviewed in its entirety because they have been amended numerous times over the past few years and there are a number of conflicts and duplications at this time.  The Board agreed that this definitely needs to be done as a priority.
  • Jim Horgan motioned to continue the discussion on the subdivision lot plan regulation to September 7, 2010, 2nd Glen Demers.  Motion carried with all in favor.
At 8:43pm, Jim Horgan motioned to adjourn, 2nd Glen Demers.  Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary

_________________________________________
Chairman, Paul Parker