TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
MONDAY - FEBRUARY 23, 2009
356 MAIN STREET -FARMINGTON, NH
Selectmen Present: Gerry McCarthy, Joan Funk, Marty Gilman, Gail Ellis and Paula Proulx
Town Staff Present: Town Administrator Tony Mincu
Public Present: Laura Spector (town counsel), Packy Campbell, Jim Shannon, and Charlie King.
1. Chairman Gerry McCarthy opened the public hearing for the Campbell Commons Road Layout at 6pm.
Attorney Jim Shannon, representing Packy Campbell of RSA Development, stated that his client petitioned the Board for road layout acceptance on 8/1/08. The road layout is for Whipporwhill Road and Sky View Drive in Campbell Commons. Mr. Shannon stated that Mr. Campbell is willing to sign a waiver of damages at the town’s request. Also, Mr. Shannon reminded the Board that the roads were built to town road specifications and is defined as a major local street. LC Engineering oversaw the construction and their reports are in the planning office, as well as, reports from FST Engineering who reviewed the roads as part of the compliance hearing. Lastly, Mr. Shannon stated that 54 out of the 60 lots are developed so the road layout would not be premature.
Gerry stated that under RSA 231:28 it seems the town can complete a betterment assessment and assess the landowner for any additional costs. Mr. Shannon stated that they believe the roads were built in accordance with the town ordinances and requirements. Gerry then asked Ms. Spector if the town did accept the roads would they have to accept the utilities as well and she replied no.
Ms. Spector asked if it is Mr. Shannon’s position that if the roads were to be accepted then the town would accept the utilities in the road as well. Mr. Shannon replied that he would assume so, but that the utilities could certainly be pulled out of the agreement.
Charlie King stated that when this development was before the Planning Board it was presented that the roads were intended to be private. All during the application process it was stated the roads were to be private and he is concerned on whether or not the Board has the authority to consider the layout since it was a condition of approval that the roads were private.
Mr. Campbell stated that he does not agree that the roads were to stay private because the whole point of changing the original application from a condo to a simple fee lot subdivision was so that the roads could be accepted by the town in the future. He also added that it is not his position that the water and sewer would be accepted with the road layout. Mr. Campbell then stated that he also would accept that there would be a “punch list” by the road agent before the acceptance of the road layout.
Attorney Shannon stated that he originally told Mr. Mincu that they would notify the Campbell Commons Homeowner’s Association of tonight’s public hearing but they did not and asked if the Board would continue the public hearing. Ms. Spector stated that the hearing should be continued because the Board will need further discussion after viewing the road.
The Board scheduled the viewing of the road for 5:30pm on April 1, 2009 at Campbell Commons. Gail Ellis motioned to continue the public hearing for the Road Layout of Whippoorwhill Road and Sky View Drive to April 1, 2009 at 5:30pm, 2nd Joan Funk. Motion carried with all in favor.
2. Other Business to Come Before the Board:
A. Gerry asked for an update on the sprinkler bids for the Old Town Hall and Tony said they are being reviewed.
B. Paula asked when the Board is going to complete the evaluations and Gerry replied they should be done before the town meeting.
C. Paula asked when the Board will meet again with Wright-Pierce. The Board agreed to meet at 5pm on March 2, 2009 before the regular board meeting.
D. Gail forwarded her marked copy of the Town Report so that he could make the corrections to the errors she found.
E. Joan asked if Joel is looking into the Stimulus Bill to see where the Town may benefit. Tony said that they are looking at everything and in doing so found out that the STAG grants are not going to be available for awhile.
Marty Gilman motioned to adjourn, 2nd Gail Ellis. Motion carried. Meeting adjourned at 7:03pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Gerry McCarthy Vice-Chairman, Marty Gilman
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Joan A. Funk Paula Proulx
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Gail Ellis
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