TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, December 7, 2010
356 Main Street, Farmington, NH
Board Members Present: Paul Parker, Dave Kestner, Charlie Doke, Jim Horgan and Glen Demers
Board Members Absent: Cindy Snowdon (absent)
Selectmen’s Representative: Charlie King
Town Staff Present: Director of Planning and Community Development Kathy Menici
Public Present: Neil Johnson
At 6:02pm, Chairman Paul Parker opened the meeting and seated Jim Horgan in the open seat. Jim Horgan motioned to rearrange the agenda to move all items under “Business Before the Board” until after the public hearing, 2nd Glen Demers. Motion carried with all in favor.
BUSINESS BEFORE THE BOARD:
- Paul informed that a special meeting is needed to accept the final changes to the Zoning Ordinance. Paul Parker motioned to schedule a special meeting to review the final changes to the Zoning Ordinance on December 28, 2010, 2nd Jim Horgan. Motion carried with all in favor.
- Charlie King motioned to recess until 6:30, 2nd Jim Horgan. Motion carried with all in favor.
The Board reconvened at 6:31pm.
PUBLIC HEARING 6:30 PM
CONTINUED CASES:
- Governor’s Road Realty, LLC (Tax Map R01, Lots 1 & 1-1) – To request an amendment to the previous Subdivision Approval to extend dates for completion of specific activities.
Rick Lundborn of Norway Plains explained that his client would like to request a formal waiver from Section 3.11 of the Subdivision Regulations to extend the subdivision approval without substantial work being done for an additional six months. Section 3.11 requires that substantial works is done within one year of the approval, or the approval expires. The first extension of the approval was granted on August 18, 2009 and the new approval date was March 21, 2010. The applicant then came before the Board on March 16, 2010 for a second extension to the approval and the Board granted the extension to December 21, 2010 to meet the substantial work requirement and extended the deadline for completion of the
roadway and utilities through binder course until September 1, 2011. To date, no work has been completed on the subdivision road.
At the last meeting the Board requested Mr. Lundborn to provide an updated bond estimate. Mr. Lundborn reviewed the bond estimate from 2007 and found it is actually a slight decrease now due to the decrease in fuel costs. Paul opened the public hearing and there were no comments.
Kathy stated that if the Board approves this extension she would like them to clearly define “active and substantial development.” She questioned if the Board would consider substantial development of the roadway through binder course of the entire development or just Phase 1 because it was a phased construction development. She would suggest the road defined in Phase 1 be completed through binder course and utilities and a bond be posted for the remainder of the development. Mr. Lundborn asked if they could build the entire road before selling any lots and eliminate the need for a bond and Kathy explained that this would be a change to the approval and would require another public hearing.
Charlie K. stated he does not feel six months will give the applicant enough time to have substantial completion because of the winter season and therefore the inability to do construction. Paul closed the Public Hearing. It was also noted that another extension would not be granted and if substantial completion is not met then the approval will need to be revoked.
Charlie King motioned to approve the waiver request from section 3.11 of the Subdivision Regulations for Governor’s Road Realty to September 1, 2011 to reach substantial completion on the first phase through binder course with the remainder of the construction bonded, all conditions of approval will stay in place, the bond estimate shall be reviewed by the town’s engineer and failure to comply with the conditions of the extension may result in the Planning Board seeking revocation to the approval, 2nd Jim Horgan. Motion carried with all in favor.
- Irving Oil Corporation (Tax Map R20, Lots 33 & 34): Review of As-Builts.
Frank Monteiro of MHF Design and Tammy Fisk were present to represent Irving Oil Corp. It was noted that the three concerns brought up by FST in their review have been resolved satisfactorily. Many of the Board members congratulated all those involved in the development on a job well done. Paul opened the public hearing, there were no comments so he closed the public hearing. Charlie King motioned to accept the as-builts of the Irving Oil Corporation, 2nd Dave Kestner. Motion carried with all in favor.
At 7:10am, Dave Kestner motioned for a short recess, 2nd Jim Horgan. Motion carried with all in favor.
At 7:16pm the Board reconvened.
BUSINESS BEFORE THE BOARD:
- Continued Discussion – Peer Engineering Review
Kathy gave each member a copy of the written responses from the peer engineering firm applicants that were interviewed last week. Kathy also informed the Board that both Weston & Sampson and FST sent their responses very quickly and also forwarded a thank you for the opportunity to be interviewed and concerned which showed their professionalism. The Board was in consensus that Fay Spofford & Thorndike (FST) is the peer engineer group of their choice. Jim Horgan motioned to contract with FST for one year for peer engineering services with the option to renew at the end of the year, 2nd Glen Demers. Motion carried with all in favor.
- Continued Discussion – Review of Zoning Ordinance
Paul reminded the Board that amongst the proposed ordinance changes there is still one outstanding issue. The Board needs to come to a consensus on whether there should be 40,000 or 30,000 sq. ft of buildable area on a 1 acre lot in the Suburban Residential (SR) and the Rural Residential (RR) zones. Charlie suggested changing the requirement to 30,000 sq. ft. subject to the lot configuration verbiage. Paul mentioned changing the requirement to a 2 acre lot and Kathy stated she feels this will result in a lot of contention. The Board was in consensus to reduce the requirement to 30,000 sq. ft.
- Continued Discussion – Small Wind Turbine Ordinance
Kathy previously provided the Board with a sample small wind turbine ordinance. Kathy explained that this ordinance is to address significant wind turbines that are required to be 35 feet above the tree line and is up to 100KW. The Board discussed that they had some concerns with the draft ordinance and decided that they would need additional time to do research. Kathy stated that RSA674.62 and RSA362-A:9 define the state statutes. Jim Horgan motioned to defer this discussion until next year, 2nd Charlie King. Motion carried with Paul Parker opposed.
- Other Business to Come Before the Board
Kathy informed the Board of a recent discussion she was part of on how Board’s deal with waiver requests. She provided the Board members with a copy of this discussion.
At 8:06pm, Jim Horgan motioned to adjourn, 2nd Dave Kestner. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paul Parker
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