Skip Navigation
This table is used for column layout.
Planning Board Minutes 03/15/2011
TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, March 15, 2011
356 Main Street, Farmington, NH

Board Members Present:          Paul Parker, Dave Kestner, Charlie Doke and Jim Horgan

Board Members Absent:           Cindy Snowdon and Glen Demers (excused)
Selectmen’s Representative:     Charlie King
Town Staff Present:             Director of Planning and Community Development Kathy Menici
Public Present:                 Neil Johnson, Mike Gordon, Daniel White, Duane White, Tim Bernier, Malcolm Bradsher and Ari Pollack.
At 6:00pm, Chairman Paul Parker opened the meeting.
BUSINESS BEFORE THE BOARD:
  • Review of Minutes:
  • Charlie Doke motioned to approve the minutes of February 15, 2011 as amended, 2nd Dave Kestner.  Motion carried with Charlie King abstaining.
  • Charlie King motioned to approve the minutes of March 1, 2011 as amended, 2nd Charlie Doke.  Motion carried with Paul Parker abstaining.
  • Preliminary Discussion regarding PLC:
Paul explained PLC is a company that has a current business (powerline) on Route 11 and they would like to discuss expansion to another site.  No representatives were available.  Charlie King motioned to continue this discussion to the end of the meeting, 2nd Dave Kestner.  Motion carried with all in favor.

  • Any Other Business To Come Before the Board:
  • Paul reminded the Board that tonight is historically the night for election of officers and because he knew a few members were going to be absent tonight he thought it would be appropriate to continue the discussion to a future meeting.  Charlie King motioned to continue the discussion for the election of Planning Board officers to April 5, 2011, 2nd Charlie Doke.  Motion carried with all in favor
Charlie King motioned to revisit the Planning Board rules and procedures at the April 5, 2011 meeting, 2nd Charlie Doke.  Motion carried with all in favor.

  • Paul asked Kathy if the newly accepted zoning amendments are ready yet and Kathy replied they are almost ready.  She then asked if the Board would like town counsel to review the final copy and the Board was in agreement this is not necessary as counsel has reviewed them several times already.  Kathy stated both the Amended Zoning Ordinance and the Subdivision Regulations will be ready for the April 5, 2011 meeting.
Charlie King motioned to recess until 6:30pm, 2nd Dave Kestner.  Motion carried with all in favor.

PUBLIC HEARING OPENED AT 6:30PM
CONTINUED CASES:
  • 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 project for the Board.  The anticipated area for excavation is 34 acres and the 8 acres near the scale house will not be excavated.  The total volume of material to be excavated is approximately 470,000 cubic yards of material.  A phasing plan was also submitted and Phase 1 would include closing the areas where excavation is complete as well as improving the drainage system with repairs to the sedimentation ponds.  Mr. Bernier explained he noted all buildings, septics and wells within 200ft. as well as, a cross section of the property as the Board previously requested.  They also changed the grade of the driveway to a 3:1 slope by increasing the shoulder to 10ft.

Charlie asked if a separate permit will be required from the state in order to create the additional sedimentation ponds.  Mr. Bradsher’s attorney, Ari Pollack of Gallagher, Callaghan & Gartrell, reported that DES regulates these issues through the Alteration of Terrain permits, though this application is exempt.  However, they have supplied NHDES with information regarding this alteration of terrain to be sure they were exempt.

Kathy asked if the two areas on the northern portion are new areas for excavation and Mr. Bernier replied that all areas proposed for excavation are open excavation areas presently.  Mr. Bernier then explained the base of the pond is proposed to be at 215 feet in elevation at this time but will be constructed to have a 3:1 slope.    Kathy stated that there is nothing in the town’s files that proves grandfathered status and paperwork will need to be submitted to show there was a stationary plant on the site.  Mr. Pollack stated he has aerial photos from 1974 showing the stationary plant and showed the Board a copy.  Dave asked if the applicant could supply the aerial photos of the site that were documented in the NHDES letter and Mr. Bernier replied yes.  Mr. Bernier gave the Board copies of the photo from 1974 and 1981 which showed the stationary plant but will also provide the Board with a digital copy of the photos for the town’s files.

Kathy explained she is waiting from a response from the EPA regarding the SWPPP to verify the application.  Mr. Pollack explained that there is no point of discharge on this site which would be required for the testing.  Mr. Bernier added that the sedimentation ponds have no connection to the Cocheco River and it is a best management practice to pitch the water to the sedimentation ponds.  Kathy then added that the stamp and signature of the surveyor and wetland scientist needs to be added to the plans.

Kathy asked if fuel or other flammable substances will be stored on site and Mr. Bradsher stated they have a fuel vehicle which is parked in the garage and an emergency spill kit in the garage and truck.  Kathy then asked where vehicle maintenance will take place and Mr. Bradsher replied the vehicle would be taken to their Epping location for repairs.

Paul opened the public portion of the meeting and there were no comments.  Charlie K. asked Kathy if she is comfortable that the applicant meets the Shoreland Protection Act.  Mr. Bernier explained that NHDES said that because they are not expanding the excavation there are no requirements.  Paul asked the Board if they would mind sending a copy of the application to the Cocheco River Local Advisory Committee and the Board agreed this would be okay.

Charlie K. stated he would like to see test pits in the two areas that are being excavated by the road for additional verification that they are adhering to the requirements.  Mr. Pollack replied that test pits are very expensive and not “required” under the town’s ordinance.  Mr. Bradsher noted that these areas are very hard to dig in and therefore the test pits are very expensive.  Mr. Bradsher will supply the Board with supportive information from the test borings in the area and the Board agreed this would be satisfactory.

Kathy asked Mr. Bernier to add a bar scale and also the acreage for the two new ponds.  Charlie K. asked Kathy what the appropriate timeline should be for the permit.  Kathy explained that she spoke with Mary Pinkham Langer regarding this and suggested bi-annual inspections by the Code Enforcement Officer with the permit extending through the phase plan which would be the year 2040 for this application and updating of the plan every 5 years.  Charlie K. stated he would want the Code Enforcement Officer to inspect the fuel storage on a yearly basis because it is in the aquifer protection area.  

Mr. Bernier stated he has recommended culverts by the bridge and will be applying for permits with the Shoreland Protection Act to install them.  Kathy asked for the town to receive copies of these permits and Mr. Bernier replied he would provide a copy.  

Paul closed the public hearing.  Charlie King motioned to accept the application as substantially complete, 2nd Dave Kestner.  Motion carried with all in favor.

Charlie King motioned to continue the application for Tax Map R03, Lots 006 & 009 to April 19, 2011, 2nd Dave Kestner.  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.
Mr. Bernier explained he provided similar information on these plans as he did to the previous application as the Board previously requested.  He also added that there is an agreement with Pike Industries for a travel way between the two properties discussed tonight because there is a small strip of land that is owned by Pike Industries between the properties.  The entire area to be excavated is 4.4 acres for this parcel with 131,000 cubic yards being excavated.  Depending on the market, phase 1 will take 1-10 years and phase 2 will take an additional 1-15 years.  

Kathy asked for a chain of title for both parcels discussed tonight to determine ownership and grandfathered status for this parcel.  Mr. Bernier stated he can provide this information as well as boring information for this site (a test pit cannot be dug at this site because it is too deep).    Kathy then stated that the same items as discussed earlier need to be added to this plan set; ie. Stamp and signatures of wetland scientist and surveyor and bar scale.

Paul opened the public hearing and there were no comments.  Paul closed the public portion.  Charlie King motioned to accept the application as substantially complete, 2nd Charlie Doke.  Motion carried with all in favor.

Charlie King motioned to continue the application to April 19, 2011, 2nd Charlie Doke.  Motion carried with all in favor.

Dave Kestner motioned for a short recess, 2nd Charlie Doke.  Motion carried with all in favor.

  • Application for Minor Site Plan Approval By: Farmers Kitchen & Dairy Barn/ Daniel White and Duane White (Tax Map R20, Lot 026); To allow for a restaurant with ice cream take-out window.  Commercial Industrial Business Overlay (CIBO) Zoning District.  Parcel is located at 444 NH Route 11.  Continued from 2/15/11 staff review meeting.
Kathy stated the application was originally being reviewed by staff and the proposal requires a waiver from Section 21. Parking in the Town of Farmington Site Plan Review Regulations.  She further stated the previous business, Marie’s, seated 90 patrons and they are proposing no more than 55 patrons.  Based on the parking requirements for a take-out restaurant combined with the requirement for places of assembly they calculated 43 spaces would be necessary.  The site provides 31 spaces.  (The required spaces would be reduced slightly because the restaurant seating has been reduced to 55 patrons and the employee parking will be behind the building.)    The Dairy Barn will only be open 7 months of the year, from March 1st to October 31st.  

Paul noted he has some concerns about the safety of patrons due to the traffic on Route 11.  Kathy noted the traffic patterns were reviewed by traffic engineers by Irving Corporation when they did their application and there were no concerns regarding this property.

Paul opened the public hearing and there were no comments.  Paul closed the public hearing.

Charlie King motioned to grant the waiver from Sec. 21. Parking of the Site Plan Regulations contingent upon a written request being received, 2nd Charlie Doke.  Motion carried with all in favor.

Dave Kestner motioned to approve the minor site plan application by Farmers Kitchen & Dairy Barn (Tax Map R20, Lot 26), 2nd Charlie Doke. Charlie King offered a friendly amendment to tie in any requirements discussed at the Staff Review meeting and both Dave Kestner and Charlie Doke accepted the amendment.   Motion carried with all in favor.
  • Preliminary Discussion regarding PLC:
No representation was present from PLC

  • Other Business To Come Before the Board:
Kathy stated that she and Dennis met with Mary Pinkham Langer and she agreed there are questions regarding the grandfathered status of Pike Industries.  Kathy would like to send a letter requesting documentation of what they perceive grants them grandfathered status.  The Board agreed it would be appropriate for this correspondence to go out to Pike Industries.




At 8:46pm, Charlie King motioned to adjourn, 2nd Dave Kestner.  Motion carried.

Respectfully Submitted,
Brandy Sanger
Recording Secretary

_________________________________________
Chairman, Paul Parker