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Planning Board Minutes 12/21/2010
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, December 21, 2010
356 Main Street, Farmington, NH

Board Members Present:          Paul Parker, Dave Kestner, Charlie Doke, Jim Horgan (arrived at 7:00pm) and Glen Demers

Board Members Absent:           Cindy Snowdon (excused)
Selectmen’s Representative:     Charlie King
Town Staff Present:             Director of Planning and Community Development Kathy Menici
Public Present:                 Neil Johnson, Catherine Natale, Mark Pearson, Dave Mott, Jim Shannon, Randy Orvis, Malcolm Bradsher, Tim Bernier, Timothy Phoenix, Terry Weatherly, Denise Palmer, Keith Frisbee and Paul Izzo.
At 6:11pm, Chairman Paul Parker opened the meeting.
BUSINESS BEFORE THE BOARD:
  • Review of Minutes:
  • Charlie King motioned to approve the minutes of November 16, 2010 as amended, 2nd Dave Kestner.  Motion carried with Charlie Doke abstaining.
  • Charlie King motioned to approve the minutes of November 30, 2010 as amended, 2nd Glen Demers.  Motion withdrawn.
  • Charlie King motioned to table the minutes of November 30, 2010 till the end of the meeting, 2nd Glen Demers.  Motion carried with all in favor.
  • Charlie King motioned to table the remaining minutes until the end of the meeting, 2nd Glen Demers.  Motion carried with all in favor.
  • Other Business to Come Before the Board:
Kathy informed the Board that Mrs. Miminas would like to be on the January 18, 2011 agenda to request an extension.  The Board was in agreement that this would be okay.  Kathy then informed the Board that SRPC has run into a few issues with the map project they are doing for the town as they do not have enough colors and symbols to meet the town’s needs.  SRPC would like to have two separate base maps but there will be an additional cost.  Charlie K. suggested having the base map just be the parcel data and then have the conservation data and zoning as overlays.  The Board was in agreement this was a good idea.

At 6:27pm, Charlie King motioned for a short recess, 2nd Glen Demers.  Motion carried with all in favor.

At 6:36pm the Board reconvened.
PUBLIC HEARING OPENED AT 6:36PM

CONTINUED CASES:
  • Application for Major Site Plan Approval By: Catherine Natale (Tax Map R29, Lot 12-4); to allow for a 576sq. ft. 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 they have been working with Dave Mott to revise the plans and he will be presenting them to the Board.  Also, Ms. Natale provided a revised list of items she is expecting to sell in store and noted that she has taken the propane off of her list.  They are also only planning on regular one phase electrical outlets in the store.

Dave Mott, of Mott Survey Company, LLC, reviewed the revised plans with the Board.  Mr. Mott explained that they have provided a septic and drainage design for the store to meet the Board’s concern from the prior meeting.  Also, an after the fact dredge and fill permit has been requested for the rear of the property.  They have provided space for a secondary dumpster with fencing for the store and have also provided space for handicapped accessibility.

Paul asked if the existing home well will be providing the water for the store.  Mr. Mott noted they are planning to have the water come from the home well and also noted that the well site is missing from the plans and he will add it on.  Paul then asked where the prep sink/area is inside the store and Mr. Mott stated he thought this was a building code issue and Kathy agreed.  Charlie K. asked if the parking area, driveway and walking area is proposed to be paved.  Mr. Mott replied that they would prefer not to pave the area to match the surrounding area.  Charlie K. stated that the walkway and handicapped parking area would probably need to be paved to meet the ADA requirements.  

Dave noted that PSNH has an easement on the pole line and this needs to be amended on note #5 on the plan.  Mr. Mott will make this change.  Dave then Mr. Mott stated he could draw up a cross section for this.

Paul opened the public hearing.  Charlie K. asked if the applicant submitted a waiver from the pavement and Mr. Mott stated he did not but he would submit one.  Ms. Natale stated she would rather pave all the depicted parking and the walkway.  (Jim Horgan arrived at 7:09pm)
Charlie King motioned to accept the application as substantially complete, 2nd Charlie Doke.  Motion carried with all in favor.

Paul closed the public hearing.  Charlie King motioned to approve the major site plan application by Catherine Natale (Tax Map R29, Lot 12-4) with the following conditions of approval;
  • Well location be depicted on the plan
  • PSNH easement be depicted on the plan
  • Sign location for the business and wording to be approved by the road agent
  • Driveway permit and culvert size and location approved by the road agent
  • Hours of operation limited to 7am to 9pm
  • Sign location for business access approved by the road agent
  • Waiver for paving requirement received and only require paving of the parking area and the walkway,
2nd Charlie Doke.  Motion carried with all in favor.

Paul seated Jim Horgan for Cindy Snowdon.


NEW CASES:
  • Application for Site Plan Review By: Mark V. Pearson (Tax map R35, Lot 1) for the expansion of an existing greenhouse, for property located at 695 NH Route 11 in the Commercial Business (CB) Zoning District.
Mark Pearson explained that he would like to extend his greenhouse by adding on to each end of the existing greenhouse.  Each addition is 27’ x 24’.  The existing greenhouse and proposed additions extend into the front setback and requires a waiver from the ZBA per RSA 674:32-c.  The applicant is scheduled for the January 6, 2011 ZBA meeting.  Kathy explained that if the ZBA grants the waiver it would run with the business and not the land.  Paul opened the public hearing.

Dave noted that the plan drawing should be amended to show the right hand side addition as a dotted line so it is clearly depicted and consistent.  Charlie King motioned to accept the application as substantially complete, 2nd Jim Horgan.  Motion carried with all in favor.  Paul closed the public hearing.

Charlie King motioned to approve the site plan application by Mark Pearson (Tax Map R35, Lot 1) contingent upon the ZBA granting of the waiver and the revised map being provided, 2nd Glen Demers.  Motion carried with all in favor.

  • Request for Earth Removal Permit Approval By: Malcolm Bradsher/M. Bradsher, Co. Inc. (Tax map R03, Lots 006 & 009): In the Commercial Business (CB) Zoning District.  Parcel is located at NH Route 11.
Tim Bernier of T.F. Bernier, Inc. reviewed the permit application with the Board.  He explained the parcel has been an active gravel pit for a long time, as far back as the 1950s.  The site had a stationary plant and it was removed in 2006.  Presently they are working to reclaim lot 006 and there is a total of 30 acres of land left to be reclaimed.  The applicant has created a reclamation plan for the  parcels and no further excavation is scheduled for either parcel. They have designed the plan to retain 2-5 acres above the flood plain to retain value of the property and also included drainage provisions for the property.
There is continued use of the property with trucks bringing in materials for processing and then removing the property after.  They average 100 trips per day but once the construction on Rte. 16 is complete those trips will drop dramatically.  They estimate the complete reclamation to take 10 years.  
Kathy stated that there needs to be both a reclamation plan and an excavation plan based on RSA 155:E.  Also, there should be a sheet on the plans that depicts existing conditions, a second sheet to depict the reclamation plan and a third sheet to depict the excavation plan.  Mr. Bernier noted that all the information is included on the plan set they provided and Kathy stated the state requires the three sheets and also noted the soil types need to be noted.  Charlie K. asked if the Shoreline Protection is noted and Mr. Bernier replied yes, but there are no new areas within the shoreline protection area that are going to be excavated.  Paul then noted that the Conservation Commission and the Cocheco River Coalition probably should receive copies of these plans.  
Dave asked what they are proposing for barriers along the entrance to prevent vehicles from falling in.  Mr. Bernier replied that he believes the slope is within the 3:1 but if it is not then they will provide barriers (he will double check).  Dave also noted that existing homes and wells within 200 feet have to be noted on the plan.  Dave then asked for cross sections of the excavation plan to be provided.  Charlie K. suggested having the permit reviewed several times over the ten year period to make sure progress is being made on the reclamation and that the bond stays current.
Paul opened the public hearing, there were no comments.  Paul closed the public hearing.  A discussion was held on the requirement of the plan sheet size and Charlie K. noted it might be easier due to the size of the parcels to waive the requirement of the smaller sheet size.  The Board was in consensus that the larger sheet size would be appropriate. Charlie King motioned to continue the public hearing for an earth removal permit (Tax Map R03, Lots 006 & 009) to January 18, 2011, 2nd Jim Horgan.  Motion carried with all in favor.
  • Request for Earth Removal Permit Approval By: Malcolm Bradsher/ M. Bradsher, Co. Inc. (Tax Map R14, Lot 012):  In the Commercial Industrial Business Overlay (CIBO) Zoning District.  Parcel is located at NH Route 11.
Mr. Bernier noted that similar comments and concerns from the previous permit request will apply to this request and he will make the suggested additions and changes.  The applicant has held a 50’ setback from all abutting properties.  Mr. Bradsher explained that he does not currently have any plan to excavate this property but is requesting the excavation permit in order to leave the option open if it is needed.  Mr. Bernier asked if the Board would require him to survey the Town’s well house that is 1000 ft. from the excavation.  Dave stated that the existing abutting structures need to be depicted on the plan and Mr. Bernier replied he can add that.  Charlie K. stated the well house and the pump station do not need to be surveyed but the approximate locations should be depicted.  
Paul opened the public hearing and because there were no comments he closed the public hearing.  Charlie King motioned to continue the public hearing for an earth removal permit (Tax Map R14, Lot 012) to January 18, 2011, 2nd Jim Horgan.  Motion carried with all in favor.

At 8:16pm, Dave Kestner motioned for a short recess, 2nd Jim Horgan.  Motion carried with all in favor.
At 8:23pm the Board reconvened.
  • Request for Design Plan Review By: David J. Haycock/DJ’s Tree Service & Logging (Tax Map R47, Lot 005); To allow for Proposed Home Business for Tree Service & Logging company, in the Urban Residential (UR) Zoning District.  Parcel is located at 96 Bunker Street.
Randy Orvis of Geometres Blue Hills, LLC, explained the history of the site.  The applicant received a Special Exception from the ZBA on February 4, 2010 with conditions.  There were also concerns raised by the Technical Review Committee.  Jim asked for clarification that there is no business being conducted on the property and Mr. Orvis replied no, the site is just for parking of the vehicles if they are not on a job site and bookkeeping.  
Kathy stated that the TRC met on December 7, 2010 and there were several concerns.  The Public Works Director asked about a right-of-way for the Town to utilize the cul-de-sac at the entrance to the property for winter road maintenance purposed to eliminate a dead end road, and noted additional temporary and permanent storm water treatment components beyond the grass swale depicted on the plan should be considered.  The Code Enforcement Office noted the residents in the area have expressed concerns regarding the hours of operation and types of vehicles/equipment traveling through their neighborhood.  Mr. Orvis identified what roads would be utilized when traveling to and from the site that were suggested by Police Chief Scott Roberge.  The Code Office also wanted to ensure the applicant is aware of what the property is being approved for, outside lighting is addressed and that permits for all structural improvements on the property are obtained.  
Kathy noted that work has been done on the site prior to obtaining any approvals and not wetlands permit applications have been filed for the work that has been and is being done in the wetlands.  She also requested more detail regarding the wetlands classification as the Code Enforcement Officer interpreted the Ordinance Section 4.03 to state the appropriate determination of class for the affected wetlands.  Mr. Orvis read Section 4.03-B and stated he is a certified wetlands scientist and unless the Board is determining that he classified the wetlands incorrectly than Section 4.03 – D can be ignored.  Mr. Orvis stated that the affected wetlands for this parcel are not included on the National Wetlands Inventory.  Kathy stated that she believes once the Code Enforcement Officer makes a determination of his interpretation of the code any argument/ disagreement needs to go to the ZBA but she can ask Town Counsel.  The Board agreed that Kathy should pose the question of Town Counsel.
Mr. Orvis noted that he has not included any drainage yet on the plans as tonight’s meeting is for design review.  Dave asked if Mr. Haycock is considering having on-site fuel or oil storage and Mr. Orvis replied he is unsure but he will ask the question of the applicant.  Dave would also like to know if the proposed pole barn is gravel or concrete and Mr. Orvis replied he is proposing a concrete floor for the enclosed pole barn.  
Charlie K. stated he has some concerns regarding the one way drive around the back of the lot.  Paul noted that he is also concerned with fuel/oil storage and recycling.  Dave added that treatment swales should also be designed to prevent any chemicals (leaking fuels) from flowing into the nearby wetlands and brook.  Dave also asked if a dumpster is proposed, along with interior or exterior storage of metal.  
At 9:09pm, Charlie King motioned to continue the meeting until 10:00pm, 2nd Glen Demers.  Motion carried with all in favor.
Jim asked Mr. Orvis to consider the pedestrian traffic in the neighborhood and come up with proposed restriction times.
  • Application for Minor Subdivision By: Stella M. Young Ross (Tax Map R49, Lot 023-6); to subdivide the existing 3.06 acre parcel for the property on 119 Charles Street in the Rural Residential (RR) Zoning District.
Randy Orvis of Geometres Blue Hills, LLC explained the intent of this application is to undo the voluntary merger.  Paul stated that there are some issues with this application because the complete application was not submitted.  Mr. Orvis stated that he followed the requirements listed in the Subdivision Regulations because they are not the same as what is handed out by the office.  Kathy stated that the Board has the authority to adopt an application form and Mr. Orvis responded that the Subdivision Regulations should have been amended when the application form and fee schedule were amended.  Mr. Orvis stated that he purposely filled out the application within the Regulations to prove a point that the Planning Board needs to amend and fix their Regulations.
The Board noted that Mr. Orvis has presented some valid points but he also has been doing business in town for many years and was well aware of the requirements.  Paul opened the public hearing and because there were no comments he closed the hearing.
The Board was in consensus that the most recently adopted application packet and checklist needs to be completed in its entirety and if there are any waiver requests they need to be done in writing.  Jim Horgan motioned to approve minor subdivision application by Stella M. Young Ross (Tax Map R49, Lot 023-6) contingent upon the most recently adopted application form and checklist being completed and submitted to the Planning Office, 2nd Glen Demers.  Motion carried with all in favor.





  • Application for Major Site Plan Approval By: Paul Izzo (Tax Map U06, Lot 010): to allow for an Entertainment License and Side Deck, in the Village Center (VC) Zoning District. Property located at 449 Main Street.
Mr. Izzo, co-owner of Paulies’ Sport Bar, explained that he would like to have live entertainment at his business.  He expressed that abutters have complained about the noise created from the entertainment and he would like to address that by having his patrons smoke out the front of the building whenever they have entertainment.  Jim asked if there is a noise issue when the doors are closed and Mr. Izzo replied no, only when the door opens for patrons to come in and out.  Jim then followed up by asking if there is space to provide a double door to create a type of airlock or sound barrier and Mr. Izzo replied no.
The proposed deck is to be used for his patrons to smoke and no entertainment will be on the deck.  Also, the deck will not be open during entertainment times.  Dave noted that the Board would need to know the height and materials proposed for the deck because it will help them determine if this would be appropriate for the area.  Mr. Izzo replied that when he showed the sketch to Mr. Roseberry he was told the sketch was sufficient.  He also stated that the deck area is not for dining, just for a designated outdoor smoking area.  Charlie suggested the applicant create a narrative of the use of the deck, the hours of operation and an amended plan to show the abutters, so the Board can determine the affects of the business to the abutters.
Paul opened the hearing to the public.  Abutter, Sherry Ducette, of 7 Mechanic Street, expressed her concerns.  She said the noise does echo in the night, the dumpsters are close to the smoking area and the proximity of the deck (smoking area) to the propane tanks is a concern.  
Mr. Izzo asked if the Board can act on his entertainment license tonight.  Kathy explained that Mr. Izzo can withdraw the section of his application for the deck and re-apply for the deck at a later time though all the application fees will need to be paid again at that time.  Charlie King motioned to continue the application for major site plan approval by Paul Izzo (Tax Map U06, Lot 010) to January 18, 2011, 2nd Jim Horgan.  Motion carried with all in favor.

Charlie King motioned to extend the meeting until 10:30pm, 2nd Jim Horgan.  Motion carried with all in favor.
  • Application for Amended Site Plan Approval By: Powerhouse Machine, LLC (Tax Map R03, Lot 017-1); To allow for Outside Storage, in the Industrial Business (IB) Zoning District.  Property located at Commerce Park Way.
Tim Phoenix of Hoefle, Phoenix, Gormley & Roberts, PA explained that he is here representing the applicant to request an amendment to the approval to include outside storage on the property.  The materials being stored on the property are not just junk or scrap metal but are actually pieces of equipment for the business.  Paul noted that the town water supply (well) is very close and questioned if the applicant has considered covering the storage area at this point.  Mr. Frisbee noted that iron does not rust very fast and if it was to breakdown from the rain then it would turned into iron oxide which is naturally part of the environment.  
Kathy noted that there is a drainage swale and two catch basins that are not depicted on the plan and should be included on the plan.  Mr. Phoenix agreed to meet with Kathy to compare the approved plans to the revised ones to make sure all drainage and such is reflected correctly.  
Paul opened the public hearing and there were no comments.  Kathy stated that where the parking is located she noticed there were some intermittent and/or seasonal streams and therefore there must be some wetlands in the area.  Mr. Frisbee stated he just had a wetlands survey completed and will forward a copy to the Town.  Paul closed the public hearing.

Charlie King motioned to approve the amended site plan approval for Powerhouse Machine (Tax Map R03, Lot 017-1) contingent upon;
  • All conditions of previous approval are still enforced,
  • all existing drainage is depicted on the plan,  
  • no outside storage of liquids is to be allowed (should be reflected on the plan) and,
  • best management practices for machinery junkyard as specified by NHDES should be included in their design.
2nd Jim Horgan.  Motion carried with all in favor.






  • Review of Minutes:
  • Jim Horgan motioned to continue the meeting until 11:00pm, 2nd Dave Kestner.  Motion carried with all in favor.
  • Jim Horgan motioned to accept the minutes of 11-30-10 as amended, 2nd Charlie King.  Motion carried with Dave Kestner abstaining.
  • Jim Horgan motioned to accept the minutes of December 7, 2010 as amended, 2nd Glen Demers.  Motion carried with all in favor.



At 10:44pm, Jim Horgan motioned to adjourn, 2nd Dave Kestner.  Motion carried.

Respectfully Submitted,
Brandy Sanger
Recording Secretary


_________________________________________
Chairman, Paul Parker