TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, February 15, 2011
356 Main Street, Farmington, NH
Board Members Present: Paul Parker, Dave Kestner, Charlie Doke, Jim Horgan and Glen Demers
Board Members Absent: Cindy Snowdon
Selectmen’s Representative: Charlie King (excused)
Town Staff Present: Director of Planning and Community Development Kathy Menici and Code Enforcement Officer Dennis Roseberry
Public Present: Neil Johnson, Elizabeth Johnson, William Duchano, Sherry Doucette, Dick Snow, Paul Zuzgo and Susan Snow.
At 6:07pm, Chairman Paul Parker opened the meeting and seated Jim Horgan in the open seat.
BUSINESS BEFORE THE BOARD:
- Jim Horgan motioned to approve the minutes of January 13, 2011 as amended, 2nd Dave Kestner. Motion carried.
- Jim Horgan motioned to approve the minutes of February 1, 2011 as written, 2nd Charlie Doke. Motion carried with Dave Kestner abstaining.
- Discussion on Pike Industries Inc/ Excavation Activities:
Charlie Doke motioned to move the agenda item to the end of the agenda, 2nd Jim Horgan. Motion carried with all in favor.
Seeing there was no other business before the Board; Jim Horgan motioned to start the discussion on Pike Industries, 2nd Charlie Doke. Motion carried with all in favor.
Kathy explained that a letter from the attorney for Pike Industries was received and stated that they feel R20, Lot 8 is grandfathered because there was a stationary manufacturing plant on the lot as of August 24, 1979. They also believe R 15, Lots 6 & 14 and R14, Lots 6 & 7 are also grandfathered because of the afore mentioned lot. Kathy stated she went through the towns records and the earliest date she could find record of the stationary plant was in 1997. Tilcon was the previous owner of the site and Pike Industries purchased the property in 2002. Tilcon did operate a stationary plant but it was on the other side of the road from the lot in question. Kathy explained that Mary Pinkham Langer assisted Kathy and Dennis
Roseberry with the research during her several visits to town and they found there is nothing in town records that supports there was a stationary manufacturing plant.
In regards to Map R-15, Lots 6 & 14, Pike stated they acquired permits for these parcels in 2002 and that they renewed the permit in 2009. Kathy explained that there is nothing in state statute that allows for permits to be renewed and the permit expired in November of 2010. Kathy explained there is nothing in the department’s files in regards to a new permit being requested and the same applies for Map R-14, Lots 6 & 7.
Dave requested copies of the tax maps so he can compare them to the memo and letter during his review. Jim Horgan motioned to continue the discussion on Pike Industries to March 1, 2011, 2nd Dave Kestner. Motion carried with all in favor.
PUBLIC HEARING OPENED AT 6:30PM
Paul commented he would like to amend the agenda to pull the Housing Code Violation discussion forward as it is the oldest case. Jim Horgan motioned to amend the agenda, 2nd Charlie Doke. Motion carried with all in favor.
CONTINUED CASES:
- Housing Code Violation for 300 Main Street, William & Paula Duchano; (Tax Map U07, Lot 007); In the Suburban Residential (SR) Zoning District.
Mr. Duchano provided the Board with a letter that stated the residents were removed in November in 2010 and the inside of the home was gutted with further construction to occur. The letter stated he removed all debris from the property along with the vehicles. He also skirted the home and plans to take the fence down as soon as the weather permits. Dennis Roseberry explained that these types of petitions are guided to a certain point and town counsel has provided the Board with their opinion that if the property is found to have housing violations that it is to be vacated or demolished. Dennis explained that he can post a warning on the home that it must stay vacated until the housing violations have been corrected.
Kathy asked what Mr. Duchano’s plans are for “returning the yard to its natural state” and Mr. Duchano stated he would like to rototill the yard and seed it so grass will grow. Kathy then stated that she has some concerns with posting a home on Main Street as being uninhabitable and questioned if the Board can direct Dale Sprague to not turn the water on until Dennis approves a Certificate of Occupancy for the home. It was discussed that the doors should be posted as Dennis suggested because if the property goes up for sale potential buyers should be aware of the conditions.
Jim Horgan motioned to have Dennis Roseberry post the home at 300 Main Street (Tax Map U07, Lot 007) as uninhabitable and report back to the Planning Board in 3 months with the status of the property, 2nd Charlie Doke. Discussion followed where Dave asked Mr. Duchano to provide the Board with an email or letter stating his plans to seed the yard as stated tonight. Motion carried with all in favor.
- Request for Earth Removal Permit Approval By: Malcolm Bradsher/ M. Bradsher, Co. Inc. (Tax Map R03, Lot 006 & 009): In the Commercial Business (CB) Zoning District. Parcel is located at NH Route 11.
A letter was received from the applicants to request a continuance to the March meeting in order to redraft their plans as they are still awaiting responses from NH Department of Environmental Services.
Jim Horgan motioned to continue both applications by Malcolm Bradsher to March 15, 2011, 2nd Charlie Doke. Motion carried with all in favor.
- Request for Earthy 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.
Application was continued during the previous discussion.
- 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 provided the Board with a revised drawing “plan” of his site. Jim asked if the privacy wall is going to go between the two sections of the handi-capped ramp and Mr. Izzo replied yes, there will be a six foot high fence. Kathy informed Mr. Izzo that if he decides at a later time to serve food on the deck he will need to come back to the Planning Board because it would be an expanded use. It was noted that the application is to construct a deck to be utilized as a smoking area until 9pm.
Sherry Doucette, abutter, asked if the Board could reduce the time to an earlier time like 8pm and Paul replied the Board could consider it. Mr. Izzo reiterated that on night’s he has live entertainment the deck will be closed at 9pm to his patrons. A discussion was held on the noise barrier and how to best keep the noise level from reaching a limit that is annoying to the abutters. Kathy asked how Mr. Izzo will monitor the use of the deck for only smoking and keep his patrons from bringing their beverages and food out there. Mr. Izzo replied it would be his job to monitor his patrons and not allow any food or drinks on the deck. It was noted that tables and chairs cannot be placed on the deck because it would expand the use. Paul asked Mr. Izzo if he would be willing to put up signs on the doors that read “no drinks or food beyond this point.” Dave then stated that he would like to see the type of privacy fence that is going to be installed be depicted on the plan.
Jim Horgan motioned to approve the application to construct a deck at Tax Map U06, Lot 010 with the following conditions; 1. providing a detailed description of the privacy fence which will be designed to minimize noise and approved by the Code Enforcement Officer, 2. no chairs or tables are to be placed on the deck, 3. hours of operation for the deck are to be opening to 9pm or when entertainment commences and 4. signs be placed on the door going out to the deck to note “no drinks or food beyond this point.”, 2nd Charlie Doke. Motion carried with Dave Kestner opposed.
The Board then discussed the Entertainment license that was requested as part of the application. Mr. Izzo stated he would like to have entertainment up until 12:30am. Paul noted he would like the hours restricted to 12:00am. Charlie Doke motioned to approve the Entertainment License with the condition that live entertainment will end at 12:00am, 2nd Jim Horgan. Motion withdrawn.
Paul opened the public hearing and hearing no comments closed the public portion.
Charlie Doke motioned to approve the Entertainment License with the condition that live entertainment will end at 12:00am, 2nd Jim Horgan. Motion carried with all in favor.
At 7:58pm, Dave Kestner motioned for a short recess, 2nd Jim Horgan. Motion carried with all in favor.
At 8:06pm, Paul reconvened the meeting.
NEW CASES:
- Application for Subdivision Plan Approval By: Susan Snow (Tax Map R66, Lot 008) and Mad River Wildlife Preservation, LLC (Tax Map R65, Lot 002): To annex 1.49acres (64,959 sq. ft) from R66, Lot 8 to R65, Lot 2. Both parcels are located in the Agricultural Residential district.
Dick Snow explained that they would like to move the boundary line between the two properties to better protect the Mad River in case they decide to sell or further subdivide the larger property in the future. Paul asked if there is anything unique about this section of the river and Mr. Snow replied no. Jim asked if the Mad River Wildlife Preservation has any restrictions/protections and Mr. Snow replied no, at this point they, as the owners, protect the land but that is all.
A number of waivers were requested; (as listed)
1. Section 4.06.01 – Boundary of Area and Streams so they only need to complete a partial survey of map R65 lot 2.
2. Section 4.06.01 – Topography
3. Section 4.06.01 – Streams – partial located the un-named brook
4. Section 4.06.01 – existing features
5. Section 4.06.02- Community Facilities (Kathy noted this would not apply)
6. Section 4.06.02 – Utilities of Town (Kathy noted this would not apply)
7. Section 4.06.03 – Percolation test (Kathy noted this would not apply)
8. Section 4.06.03 – test pit (Kathy noted this would not apply)
9. Section 4.08 – Map Scale – there are 2 scales; 100 scale of the adjustment and 300 scale of overall view.
10. Section 4.08 C- did not locate the house across the street and it is within 200 feet
11. Section 4.08F – watercourses
12. Section 4.08F – Large trees
13. Section 4.08H – Municipal Boundaries
14. Section 4.08M – Show Contours
15. Section 4.08N – watershed area (Kathy noted this is not applicable)
16. Section 4.08O – Preliminary Road Profiles (Kathy noted this is not applicable)
17. Section 4.08P – State Permits (Kathy noted this is not applicable)
18. Section 4.09D – Lot Dimensions
19. Section 4.09D – Area of each lot
20. Section 4.14 – Digitized Survey – The applicant noted this is now available and he can provide it to the Board.
Jim Horgan motioned to accept the application as substantially complete and approve the applicable waivers, 2nd Charlie Doke. Motion carried with all in favor.
Jim Horgan motioned to approve the application for subdivision plan approval for Susan Snow, 2nd Charlie Doke. Motion carried with all in favor.
Kathy asked if the Board would like any further information on the Pike Industries information. Dave noted he would like a summary of owners over the years as well as an index to the appendixes mentioned.
At 8:52pm, 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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