TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, March 1, 2011
356 Main Street, Farmington, NH
Board Members Present: Dave Kestner, Cindy Snowdon, Charlie Doke, Jim Horgan and Glen Demers
Board Members Excused: Paul Parker and Cindy Snowdon
Selectmen’s Representative: Charlie King
Town Staff Present: Director of Planning and Community Development Kathy Menici
Public Present: Neil Johnson and John Scruton
At 6:00pm, Vice-Chairman Dave Kestner opened the meeting and seated Jim Horgan for Cindy Snowdon.
BUSINESS BEFORE THE BOARD:
- Discussion regarding – Request for Building Permit for Property Abutting a Class VI Road. (Tax Map R42, lots 005 & 006):
Mr. Scruton explained that he is seeking a recommendation from the Planning Board to the Selectmen for approval for building permits for the two lots he has conditional sales on. He has no immediate plans to build on the lots at this time but would like to ensure they will be able to do so in the future before they finalize the purchase of the lots. Mr. Scruton stated he is aware that he would have to improve the condition of the Class VI road to the satisfaction of the road agent before the building permits were issued.
Jim stated the Conservation Commission discussed this and have no problems with the request and he would be in favor of recommending the permits to the Selectmen. Charlie K. stated the road could be a costly issue because most likely it would need to be brought up to a Class V road and Mr. Scruton stated he is aware of that. Kathy stated she reviewed the files and found that in 2005 the same request came from another entity for these two parcels and town counsel advised that the safety of the emergency personnel and people on the property is a concern and even with a liability waiver the town could still be named if the emergency personnel was not able to respond due to the nature of the road. Questions were also raised in regards to the access from Strafford side of
the property during the previous application. Kathy then stated that town counsel also advised a recommendation and decision should not be made unless a building permit is applied for and not when it is thought about because the condition of the road needs to be taken into consideration.
Jim Horgan motioned to recommend the issuance of building permits for John Scruton for lots Tax Map R42, lots 005 and 006 with the contingency that the Class VI road be brought up to the appropriate standards per the road agent at the time the building permit is requested, 2nd Glen Demers. Motion carried with Charlie King abstaining.
- Continued Discussion on Pike Industries Inc./Excavation Activities:
Kathy asked if the Board has all the information they would like and how they would like to proceed. She then reminded the Board that Paul Parker previously suggested having Mary Pinkham Langer, the State Gravel Tax Assessor, attend a Planning Board meeting to discuss this issue. Kathy then stated that through researching the files for all the Pike Excavation sites with Dennis Roseberry and Mary Pinkham Langer they all came to the conclusion that there was never a stationary manufacturing plant on any of the parcels in question.
Dave asked if there is a “set of engineering plans” that Jonathan Oakes claims to have assisted with in 1978, as stated in his affidavit, and Kathy replied no. Charlie asked Mr. Oakes about the stationary plant and Mr. Oakes stated that in 1978 a crusher was brought in from Maine and sat behind the old asphalt plant. The crusher stayed on site until 1983 and took up about an acre of the lot. He further explained that the primary crusher was not stationary but the secondary was stationary and the other parts were installed with trusses. Mr. Oakes also stated that there was an asphalt plant across the road on the contiguous lot and Robert Dietel stated the town’s regulations state a road does not disrupt the lots.
Robert Dietel, attorney for Pike Industries, requested for the Board to meet with Pike Industries and hold a discussion where a lot of these questions can be answered and discussed. In August the Board denied this request so they had time to gather information on the situation before holding a discussion with Pike Industries. Dave asked if Pike Industries could put together a timeline of what has occurred on the properties according to their records. Jim Horgan motioned to continue this discussion with Pike Industries to April 5, 2011 contingent upon Mary Pinkham Langer being available for the meeting, 2nd Charlie King. Motion carried with all in favor.
At 7:03pm, Dave Kestner motioned for a short recess, 2nd Glen Demers. Motion carried with all in favor.
At 7:14pm the Board reconvened.
PUBLIC HEARING 7:15PM
CONTINUED CASES:
- Amendments to Subdivision Regulations:
Vice-Chairman Dave Kestner opened the public hearing to review the Subdivision Regulations Amendments. Kathy reviewed the amendments from the previous meeting and noted she found another change that needs to be made to Section 5.10 Effective Date that reads: “These regulations shall become effective upon recording with the Strafford County Registry of Deeds.” Since there is no statutory requirement to record the Subdivision Regulations she recommends the section be deleted in its entirety. Jim Horgan motioned to delete Section 5.10 from the Subdivision Regulations, 2nd Charlie King. Motion carried with all in favor.
Dave Kestner motioned to continue the public hearing for the Subdivision Regulation Amendments to April 5, 2011, 2nd Jim Horgan. Motion carried with all in favor.
- Amendments to Site Plan Review Regulations:
Kathy reviewed the amendments made at the previous meeting. Dave opened the public hearing and there were no comments so he closed the public hearing. Jim Horgan motioned to adopt the amendments to the Site Plan Review Regulations in draft #2, 2nd Glen Demers. Motion carried with all in favor.
- Other Business to Come Before the Board:
Kathy reminded the Board that she sent a copy of the maps being created by Strafford Regional Planning Commission by email and asked if the Board had any comments. Jim noted he thought they looked great and is anticipating their arrival. Jim Horgan motioned to have the maps printed and picked up, 2nd Glen Demers. Motion carried with all in favor.
Kathy then stated that Strafford Regional Planning Commission would like to meet with representatives from the town prior to the end of the month in regards to a metropolitan transportation plan. If anyone would like to attend this meeting please let Kathy know and she will try to accommodate everyone’s schedules.
NEW CASES:
None
Jim Horgan motioned to adjourn, 2nd Glen Demers. Motion carried with all in favor.
Meeting adjourned at 7:34pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paul Parker
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