FARMINGTON – Planning Board members accepted the withdrawal of a plan to renovate the Knowlton-McCleary building on Church Street at their meeting Monday. The building currently houses NOW Gallery and several artists’ studios.

There were some engineering problems, said Code Enforcement Officer Steve Kaiser, and the application was incomplete. It was unclear if buyers Dennis and Ruth Haszko would continue to build apartments and retail space there or if they have backed out of their proposed deal with the building’s owner, Peggy Hodgkins.

Loretta Bard’s site review application to build a parking lot and driveway at 121 Pleasant St. was once again tabled. The application remains incomplete, with an engineering study still in process.

Bard was not at the meeting, but abutters Daniel and Josephine Fisher were present to comment.

The Fishers contend that the foundation of their building was damaged as a result of a driveway recently built on Bard’s property. They say it has cost them $15,000 for repairs. They promised a lawsuit if they are not repaid.

The Fishers said the driveway should be considered new construction, requiring board approval, because a road never existed there.

Since the last time this issue was considered, board member Thomas Eastler researched the issue using aerial photographs dating back to 1951. He said he could see no evidence of a road in the photographs. However, this does not mean that one did not exist.

“The absence of evidence is not the evidence of absence,” he said.

The Fishers had interviewed former inhabitants of Bard’s building, who said there had not been a road there.

A discussion about coal deliveries and animal manure removal ensued.

Apparently the home used to receive coal deliveries through a basement window that would not have necessitated a road. The existence of animals in the barn required removal of their manure, but it was still not clear whether a road was necessary for this operation.

There was always a footpath there, said Josephine Fisher, who added that she feared the driveway is too steep and too close and could land an errant motorist into their house. She suggested that Bard seek an easement with the neighbor on the other side of her property.

Kaiser agreed there would be fewer drainage issues there, and he would encourage her to consider this option. In the meantime, planners will need to decide if they feel a road existed where Bard built her driveway and, in doing so, whether it was done legally. The issue was tabled until the next meeting.

Members also considered the application of Mark Berry and Timothy Ladd to build a five-lot subdivision off Farmington Falls Road.

Concerns about the residential project called Brookwood Estates were raised by property abutters Alan B. Hatch Sr. and his wife, Brenda. They were worried about their well and water rights and their right-of-way. Engineer Randy Collins, representing the developers, assured the Hatches that neither their well nor their right-of-way would be affected.

Planners scheduled a site walk for Nov. 29 and a public hearing on the project for their next meeting.

Board members also approved plans submitted by Rockwell Bjorn to construct a driveway and garage at 604 Titcomb Hill Road.

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