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Planning Board Minutes 10/19/2010
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, October 19, 2010
356 Main Street, Farmington, NH

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

Board Members Absent:           Cindy Snowdon and Jim Horgan

Selectmen’s Representative:     Charlie King
Town Staff Present:             Director of Planning and Community Development Kathy Menici and Code Enforcement Officer Dennis Roseberry
Public Present:                 Neil Johnson, Jim Shannon, Dave Mott and Cathy Natale

At 6:05pm, Chairman Paul Parker opened the meeting.

BUSINESS BEFORE THE BOARD:
  • Review of Minutes
  • Charlie King motioned to accept the minutes of 9-7-10 as amended, 2nd Glen Demers.  Motion carried with all in favor.
  • Charlie King motioned to accept the minutes of 9-21-10 as amended, 2nd Glen Demers.  Motion carried with all in favor.
  • Paul Parker motioned to approve the minutes of 10-5-10 as amended, 2nd Dave Kestner.  Motion carried with Glen Demers and Dave Kestner abstaining because they were absent.
  • Continued Discussion – Petition Regarding 300 Main Street
Dennis Roseberry informed the Board that nothing has changed since the last meeting except that the Town received a copy of the structural report.  The structure report states that the engineer found the main house structure is sound.  Dennis noted that the report does not include the addition on the back of the home.  He also noted that the town has not received any type of timeline from Mr. Duchano to address the remaining issues and he is also unaware of what the status is with the removal of the tenants.  Paul asked if the town has verified court proceedings have begun to vacate the tenants and Dennis replied no, he requested that Mr. Duchano attend tonight’s meeting to discuss this.  

Kathy suggested the Board authorize Dennis to send a letter to Mr. Duchano stating that he has a certain stated timeline to address the deficiencies and if there is an issue performing the repairs because of the tenants then he should provide the town proof of legal action.  Charlie King motioned to authorize Dennis Roseberry to write the letter as described with the predetermined timeline, 2nd Dave Kestner.  Motion carried with all in favor.

  • Paul Parker motioned to continue the remaining Business Before the Board after the public hearing, 2nd Charlie King.  Motion carried with all in favor.
PUBLIC HEARING 6:45PM
CONTINUED CASES:
  • Application for Major Site Plan Approval By:  Catherine Natale (Tax Map R29, Lot 12-4); To allow for a 576 sqft. Structure to house a small scale retail store.  In the Agricultural Residential (AR) Zoning District.  Parcel is located at 576 Ten Rod Road –
Attorney Jim Shannon explained that he is here tonight representing Ms. Natale and that they have not made a lot of progress since the last meeting because they are trying to address the water/sewer issue for the store and the drainage.  Dave Mott, the engineer/surveyor for the project, provided the Board with copies of the newly revised site plan and explained the changes.  Previously the Board asked about the site distance on Ten Rod Road and Mr. Mott provided the Board with a site distance profile.  Also at the last meeting there was some concern about the driveway to the back of the parcel and the wetlands thereof; Mr. Mott provided the Board with a wetlands delineation map (dated 2008) for the parcel.  

In reviewing the revised plans, Mr. Mott explained they addressed the Board’s concern with the driveway and sight distance by having the driveway come in at a 90 degree angle for 50ft.   They also are proposing a new site for the store and parking which is further away from the well.  Mr. Mott explained that they are working on gathering options for a septic system at this time and will bring a concrete plan back to the Board soon.  Dave Kestner asked how the applicant is proposing utilizing the current culvert and Mr. Mott replied that they potentially might have to relocate it.  Dave K. then stated that he does not see a proposed site for the propane filling station and Ms. Natale replied that she is no longer considering offering this service.  Mr. Mott then explained that they will provide a revised “shop” list for the next meeting.  

Mr. Shannon asked if there are any further questions regarding the materials Ms. Natale is proposing.  Dave replied he would want to know what type of refrigeration and freezers will be needed due to the type of electricity required.  Also, the handi-capped accessibility needs to be considered, as well as, the lighting.  Kathy stated that this application has been before the Board for a substantial amount of time and since there were abutters who had concerns at the first several meetings she questioned if the Board would like the applicant to re-notice abutters once the complete major site plan application is submitted.  Dave replied he would agree this would be appropriate especially since the application and layout has changed substantially.  Kathy then stated that due to the substantial amount of changes she would like to request the completed application three weeks prior to the meeting so she has ample time to review them.  Charlie K. disagreed with the requirement to re-notice because the application was noticed as a major site plan application.

Paul opened the meeting to the public and there were no comments.  Paul asked if the sight distance will be sufficient and Mr. Mott replied that the sight distance going northerly is 359 ft and the requirement is only 250ft.  The sight distance in the other direction is even more sufficient.  Paul closed the public hearing portion of the discussion.

Charlie King motioned to continue the application for a Major Site Plan Application by Cathy Natale (Tax Map R29, Lot 12-4) to December 21, 2010 and require the applicant to re-notify all the abutters of the application, 2nd Dave Kestner.  Motion carried with all in favor.

At 7:33pm, Dave Kestner motioned for a recess, 2nd Glen Demers.  Motion carried with all in favor.

The Board reconvened at 7:43pm.

  • Governors Road Subdivision – Review of As-Builts:
Kathy informed the Board that the final inspection report was received from FST Engineering and she has reviewed it and all the Board’s concerns have been reviewed and addressed.  Dave suggested that FST review and sign off on the final two items when they certify the final paving.

Charlie King motioned to continue the final review of the Governors Road Subdivision to November 16, 2010, 2nd Glen Demers.  Motion carried with all in favor.

  • Application for Minor Subdivision Approval By: Zielfelder Compound, LLC (Tax Map R 25, Lot 004): To create a 20-acre single family building lot from the 398 acre parcel.  In the Agricultural Residential (AR) Zoning District.  The parcel is located on Meaderboro Road.
Charlie King recused himself from the application.
David Vincent, Land surveyor for the project, explained that the applicant has decided to keep the application as a minor subdivision as neither parcel wishes to further subdivide in the future.  The Board stated that this restriction should be placed within the deed and Mr. Vincent stated he will do this and provide a copy of the deed to the Board.  A letter from a wetland scientist was provided stating there were no wetland delineations with the 2 acre building site.  
The applicant requested several waivers in his application.  Dave Kestner motioned to grant the waiver request from Section 4.06.01 and Section 4.08 (F), 2nd Glen Demers.  Motion carried with all in favor.
Dave Kestner motioned to accept the application as substantially complete contingent upon the note 6A being added to the plan regarding the existing easements on the parcel, 2nd Glen Demers.  Motion carried with all in favor.
Paul opened the public hearing for the application and there were no comments.  Paul noted that an approved septic design is available for the parcel.  Paul closed the public hearing for the application.
Dave Kestner motioned to approve the minor subdivision by Zielfelder Compound, LLC (Tax Map R25, Lot 004) with the stipulations that note 6A be added to the plans and the verbiage that the parcels cannot be further divided is within the deed, 2nd Glen Demers.  Motion carried with all in favor.
  • Other Business Before the Board:
  • Discussion of 2011 Meeting Schedule – It was discussed that the July 5, 2011 meeting may cause a conflict with Board members being out of town for the holiday.  Dave Kestner motioned to cancel the administrative meeting for July 5, 2011 and accept the rest of the schedule as noted, 2nd Glen Demers.  Motion carried with all in favor.
  • Preliminary Discussion – Small Wind Turbine Ordinance – Dave Kestner motioned to continue this discussion to November 3, 2010, 2nd Glen Demers.  Motion carried with all in favor.
  • The next meeting is scheduled for November 3 which is a Wednesday.
  • Paul informed the Board that during the most recent ZBA meeting the issue arose that a lot was “unbuildable” due to the setback requirements and maybe the Board should consider allowing the side and rear setbacks be reduced for pre-existing lots.  Kathy explained that this will reduce the burden to property owners who own these pre-existing, non-conforming lots.
  • Glen stated that the Board requires a digital copy of the plans from applicants and feels the Board should establish guidelines as to the quality of the digital copy because it should be survey grade.
At 8:36pm, Dave Kestner motioned to adjourn, 2nd Glen Demers.  Motion carried with all in favor.

Respectfully Submitted,
Brandy Sanger
Recording Secretary


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Chairman, Paul Parker