TOWN OF FARMINGTON
PLANNING BOARD
Tuesday, April 5, 2011
356 Main Street, Farmington, NH
Board Members Present: Paul Parker, Dave Kestner, Glen Demers, Cindy Snowdon (arrived at 7:15pm) and Charlie Doke
Selectmen’s Representative: Charlie King
Town Staff Present: Director of Planning and Community Development Kathy Menici and Code Enforcement Officer Dennis Rosebery.
Public Present: Neil Johnson, Mary Pinkham-Langer (State of NH Gravel Tax Appraiser), Attorney Robert J. Dietel,
At 6:05pm, Chairman Paul Parker opened the meeting.
BUSINESS BEFORE THE BOARD:
- Dave Kestner motioned to nominate Paul Parker as Chairman, 2nd Glen Demers. Motion carried with all in favor.
- Charlie Doke motioned to nominate Dave Kestner as Vice-Chairman, 2nd Glen Demers. Motion carried with all in favor.
- Paul Parker motioned to nominate Charlie Doke as Secretary, 2nd Glen Demers. Motion carried with all in favor.
- Discussion on Amendments to Rules and Procedures of the Planning Board:
Paul had requested that a discussion regarding an amendment to the Board’s Rules of Procedures to specifically amend the first paragraph in Section 4 – Organization to hold Board elections at the first meeting in April since the Board of Selectmen don’t make appointments until their 2nd meeting in March. Kathy suggested the wording state the elections should be held at the Planning Board’s first regular meeting in April (second Tuesday of the month.) The Board was in consensus this would be a good change.
Kathy stated the wording for the meeting schedule needs to be revised to show the regular meeting the third Tuesday of the month and work sessions on the first Tuesday of the month. The Board was in agreement this was an acceptable change.
Charlie King motioned to accept the changes to the Rules and Procedures as suggested by Kathy Menici, 2nd Glen Demers. Motion carried with all in favor.
Kathy noted the changes require a public hearing to accept and she will schedule this for May.
- Any Other Business To Come Before the Board:
- Paul thanked Kathy for putting together the revised and adopted Zoning Ordinance and Site Plan Regulations.
- Continued Discussion on Pike Industries, Inc./Excavation Activities:
Kathy provided the Board members copies of a letter that was submitted by Pike Industries last Friday to review. She summarized that the primary issues at hand is whether or not specific parcels that Pike is excavating are grandfathered under RSA155-E. The Town has been having some difficulty proving there was a stationary plant on one of the lots that Pike claims to have had. Mr. Dietel provided aerial photos that showed the stationary plant. Also the tax assessor’s office recently found a tax card from 1983 that stated there was a stationary plant on the said lot. Kathy stated she is now comfortable that Map R20, lot 8 and Map R14, lot 6 & 7 are all grandfathered (after review of the tax/title records), which leaves Map
R15, lot 6 & 14 which are leased by Pike from the Huckins (Tom and Michelle Huckins – added for clarification by the Planning Board) and therefore would be subject to the application process for excavation. Mr. Dietel stated that Pike owns one of the lots on Map R15 though Pike does not argue that the lots are not grandfathered.
Dave Kestner motioned to recognize that Map R20, lot 8 and Map R14, Lot 6 & 7 are grandfathered excavation sites, 2nd Charlie Doke. Discussion followed where Charlie King pointed out that it is Kathy’s recommendation to recognize the grandfathered status for these three lots after extensive research. Motion carried with all in favor.
Kathy suggested the Board have Pike Industries provide copies of the Alteration of Terrain reports/Plans they send to the State so that our records can be kept up to date. Pike representatives replied they would be willing to provide this information to the Town as well as most recent report that was sent.
Charlie King motioned to request a copy of the most recent submission to the State of the Alteration of Terrain reports and plans from Pike for the three lots recognized as grandfathered tonight and copies of all future like reports, 2nd Cindy Snowdon. Motion carried with all in favor.
Kathy informed the Board that Pike has a Multi-Sector General Permit with regard to their stormwater and the Board might want to request copies of this paperwork as well. Charlie King motioned to request a copy of the Stormwater Pollution Protection Plan Pike prepares in preparation for the Multi-Sector General Permit for the EPA, 2nd Cindy Snowdon. Motion carried with all in favor.
Mr. Dietel expressed that Pike hopes to get on a 5 year excavation permit renewal process for Map R15, lot 6 & 14. Kathy stated she feels the Board should move forward with Pike Industries as they did with the Bradsher permits and request the existing conditions, excavation plan/schedule and reclamation plan for the two lots, approve the permit for 20 years with yearly reviews by the Code Enforcement Office.
Charlie King motioned to recess until 7:11pm, 2nd Dave Kestner. Motion carried with all in favor.
At 7:23pm the Board reconvened.
Mr. Dietel explained that Pike Industries has been working with the Town for decades regarding these excavation sites and has followed the Town procedures/permits and has followed the renewal procedure the Town has had in place for at least the past 10 years. Paul responded that the Town recently became aware that our procedures and permits were not in compliance with the State regulations/permits and therefore have revised ours to be more in line. Mr. Dietel replied he can recognize the good effort by the Town to get up to date with the State requirements but the flip side is that it places a burden on Pike that has not had to provide a lot of this information for years.
Kathy stated that in the files she found a permit from 2002 that stated excavation would be complete in 2010 on Map R15, lot 6 & 14 and therefore she does not feel it would be unreasonable to require a new application. Mr. Dietel stated that the November 2010 date was an estimated time for completion. Kathy replied that there is nothing in the minutes that states this date was an estimate but actually a final restoration date.
Pike representatives stated they could provide the same information they did in 2002 for the new permit. Kathy replied that this would not be satisfactory because they would need a permit to comply with RSA 155-E. She also noted that updated plans should have been provided to the State in 2008 so those plans could serve as a basis for the plans that will be required for the permit. Charlie stated that the annual renewals from the past were probably related to the fuel storage areas. Paul added that RSA483-B also needs to be considered.
Pike will have their application to the Town by July 18, 2011 which means their hearing will be held on August 16, 2011. Dave Kestner motioned to recommend the Selectmen approve the intent to excavate for Map R 15, Lot 6 & 14 by Pike Industries with conditions that they make the approval contingent upon compliance with RSA 155-E and Town regulations, 2nd Glen Demers. Motion carried with all in favor.
Kathy reminded the Board that Pike agreed to provide the town with copies of the most recent submission to NHDES for the grandfathered parcels and the SWPPP for all the parcels. Ms. Pinkham-Langer stated that the Selectmen cannot require these items but can make their approval conditional upon the compliance with RSA155-E and RSA 485-A.
At 8:10pm, Charlie King motioned for a short recess, 2nd David Kestner. Motion carried with all in favor.
At 8:18pm the Board reconvened.
PUBLIC HEARING AT 8:18PM
Continued Public Hearing regarding Proposed Amendments to the Town of Farmington Subdivision Regulations – Continued from March 1, 2011:
Paul reminded the Board that most of the revisions have already been agreed upon. Kathy stated the only item left to be approved his Section 5.10 which stated the regulations had to be registered with the Registry of Deeds and since there is no state regulation requiring the registration and should be deleted. Section 5.10 will be left as a reserved strip. Paul opened the hearing to the public and hearing none he closed it. Charlie King motioned to adopt the Farmington Subdivision Regulations as amended, 2nd Cindy Snowdon. Motion carried with all in favor.
At 8:26pm, Charlie King motioned to adjourn, 2nd Cindy Snowdon. Motion carried.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paul Parker
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