TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, February 1, 2011
356 Main Street, Farmington, NH
Board Members Present: Paul Parker, Jim Horgan, Cindy Snowdon, Charlie Doke and Glen Demers
Board Members Absent: Dave Kestner
Selectmen’s Representative: Charlie King (absent)
Town Staff Present: Director of Planning and Community Development Kathy Menici and Code Enforcement Officer Dennis Roseberry
Public Present: Neil Johnson, Peter Izzo, Stamatia Miminas and Carol Doucette
At 6:08pm, Chairman Paul Parker opened the meeting and seated Jim Horgan for Dave Kestner.
BUSINESS BEFORE THE BOARD:
- Review and Approve Meeting Minutes of 12/21/10, 12/28/10 and 1/4/11:
- Charlie Doke motioned to accept the 12/21/10 minutes as amended, 2nd Glen Demers. Motion carried with Jim Horgan and Cindy Snowdon abstaining.
- Charlie King motioned to accept the minutes of 12/28/10 as written, 2nd Glen Demers. Motion carried with Jim Horgan and Cindy Snowdon abstaining.
- Charlie Doke motioned to accept the minutes of 1/4/11 as amended, 2nd Glen Demers. Motion carried with Charlie King abstaining.
- Review of Technical Review Requirements:
Kathy explained that department heads have suggested the Planning Board require a narrative explanation of what the application is for and Elaine requested additional 11 X 17 copies of the plans for the TRC meetings to eliminate town staff making the copies. The Board was in agreement the request were reasonable and the changes should be made. Charlie King motioned to clarify the requirements of the Technical Review Committee with the modified date and plan size, 2nd Glen Demers. Discussion followed in which Charlie King stated the note “adopted by the Planning Board” should be noted on the requirements. Motion carried with all in favor.
PUBLIC HEARING 6:27PM
CONTINUED CASES:
- Continued Compliance Hearing for Powerhouse Machine a/k/a Energy Resource Group, Inc. (ERG):
Charlie King motioned that Energy Resources Group is now in compliance with their approved application and the compliance hearing should be closed, 2nd Glen Demers. Motion carried with all in favor.
Cindy stated that a representative from ERG was at a recent Budget Committee meeting and mentioned that the Planning Board did not treat them correctly. Kathy will follow-up with ERG.
- 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.
Paul informed the Board that the applicant requested a continuance until 2/15/11. Charlie King motioned to continue the request for earth removal permit approval by Malcolm Bradsher (Tax Map R03, Lots 006 &009), 2nd Glen Demers. 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.
Paul informed the Board that the applicant requested a continuance until 2/15/11. Charlie King motioned to continue the request for earth removal permit approval by Malcolm Bradsher (Tax Map R03, Lots 006 &009), 2nd Glen Demers. Motion carried with all in favor.
- Housing Code Violations for 300 Main Street, William M. & Paula Duchano, (Tax Map U07, Lot 007), In the Suburban Residential (SR) Zoning District.
Kathy informed the Board that Mr. Duchano called and stated he would not be able to attend tonight’s meeting. Jim Horgan motioned to continue the housing code violation for William and Paula Duchano to February 15, 2011, 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 presented the Board with photographs of his site so the Board could better visualize what he is presenting. Mr. Izzo explained that he is proposing to turn the ramp so it goes out from the deck and around to the parking lot to meet the handi-capped accessibility requirements. He also noted the dumpster is locked in order to eliminate the Board’s concern that someone might flick a cigarette into the dumpster and start a fire on accident. Kathy noted that she would like a more accurate sketch of the site and proposed construction. Paul asked what the height is of the proposed deck and Mr. Izzo replied it is 4 feet high with an approximate 6 ft. privacy fence.
Charlie read the narrative Mr. Izzo wrote that stated the deck is primarily for his patrons who smoke, will have some seating and will not be open after 9pm; also if Code Enforcement allows it he might want to serve food. Mr. Izzo stated he is concerned about his abutters and will make sure the deck is closed after 9pm so the sound from the entertainment will not affect his neighbors.
Abutter, Carol Doucette, questioned if Mr. Izzo would put up signs for no parking behind the building so her driveway is not blocked. Mr. Izzo stated he has no problem putting up signs and he is not going to allow patrons of his business to park out behind the building. Kathy asked why a ramp is being constructed and Mr. Izzo stated he was told by Code Enforcement that the ramp was needed to meet ADA requirements. It was then noted that the ramp is a secondary egress and that is why it is required.
Jim Horgan motioned to accept the application by Paul Izzo for major site plan application as substantially complete, 2nd Glen Demers. Motion carried with Charlie King opposed.
Cindy Snowdon motioned to continue the application by Paul Izzo to February 15, 2011, 2nd Jim Horgan. Motion carried with all in favor.
Charlie King motioned for a short recess, 2nd Glen Demers. Motion carried with all in favor.
Reconvened at 7:55pm
NEW CASES:
- Request for Extension on Notice of Decision Deadline: By Mrs. Stamatia Miminas (Tax Map U05, Lot #182); In the Village Center (VC) Zoning District. Property located at 498 Main Street for the proposed renovation of the top two floors over Farmington Town Pizza.
Mrs. Miminas stated that she has finally located a contractor to take down the top of the building but this work cannot be done in the winter. Charlie King motioned to grant a six month extension from today for the commencement of construction for 498 Main Street, 2nd Jim Horgan. Discussion followed where Paul asked if there is a waiver that needs to be filled out in order for the Board to grant this extension. Kathy stated that this is not a requirement for this application. Charlie King amended his motion to note that all conditions of approval noted in the original Notice of Decision will still stand, 2nd Jim Horgan. Motion carried with
all in favor.
- Amendments to Subdivision Regulations:
Kathy stated that she looked at both the Subdivision Regulations and the Site Plan Review Requirements for inconsistencies with the Ordinances and each other and for conflicts that could arise with the Zoning amendments that are proposed for town meeting.
The Board reviewed the proposed Subdivision Regulations amendments. It was noted that Section 3.02 should be titled “Fees” in lieu of “Fee Schedule.” Charlie K. asked if Section 3.06 and 3.07 can just state the RSA is followed and Kathy said that could happen but a second public hearing would be required. The Board decided to leave it as proposed. Charlie K. stated he is concerned with Section 4.04.04 because the Town currently allows shared driveways. He also noted that Section 4.04.06 does not seem to be what the Board previously discussed because he thought the 3:1 ratio applied to the buildable area. Kathy stated her recollection was the ratio was for the lot itself. Jim noted that his recollection
was the 3:1 ratio was for the buildable area. It was decided that the footage is going to be taken out and the 3:1 ratio is going to be changed.
Charlie K. asked if there is a conflict with the Clustered Subdivision sections and Kathy replied no and that it was all discussed in relation to the Zoning. Charlie K. suggested removing all the verbiage for Section 4.04.12 and 4.04.13 and simply state they must comply with Section 3.17 of Zoning Ordinance requirements and the Board agreed this would be appropriate.
Charlie K. suggested Section 4.04.16 should be amended to add “or Clustered Subdivision Layout” after “conventional subdivision layout.” The Board was in agreement to make this change.
Paul asked if the Board would like to add that one set of colored plans should be provided under Section 6 in list of what the applicants must submit in their package. Charlie K. noted that maybe it should be added as a voluntary request. Paul stated he would like it to be a requirement. The concensus of the Board is to require a full color set. Kathy stated that she will “add 5 (five) full size plan sets one of which will be colored” as a requirement.
Charlie K. noted that since a second public hearing is now needed the previous discussion regarding Sections 3.06 and 3.07 should be amended to reflect the RSA.
Charlie K. motioned to post the second public hearing for the Subdivision Regulations for March 1, 2011, 2nd Glen Demers. Motion carried with all in favor.
At 8:54pm, Jim Horgan motioned to continue the meeting until 9:30pm, 2nd Glen Demers. Motion carried with all in favor.
- Amendments to the Site Plan Review Regulations:
The Board reviewed the proposed amendments. Paul questioned Sec. 21.C.2 because traditionally the Board of Selectmen have been the ones to grant the use of the Municipal Parking lot. After much discussion it was decided the section should read “may be allowed subject to a written finding by the Planning Board and subject to the Board of Selectmen…”
Charlie King motioned to post the Site Plan Review Regulations for a second public hearing on March 1, 2011, 2nd Glen Demers. Motion carried with all in favor.
- Other Business To Come Before the Board:
Kathy informed the Board that a letter was received from Pike Industries in November with a number of attachments. She told Pike that the Board was working on Zoning Amendments and would not be able to address the letter until February. Kathy’s plan is to have her response to the letter for the Board to review for the February 15, 2011 meeting.
At 9:19pm, Cindy Snowdon 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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