Wilton Planning Board Minutes
July 17, 2002
Wilton Town Hall, 7:45-11:20pm

Meeting called to order at 7:45 pm by Vice-Chairperson Bruce Johnson.

Members Present: Steve Heuchert, Bruce Johnson, Neil Faiman, Elizabeth Castro,  Alt. David Holder (for Alec MacMartin) & Alt. Matt Fish (for Mark Whitehill)  Alt. Dawn Tuomala, for Mike Davidson and acting secretary.  Jerry Greene came in at 8:00 to represent the Selectmen.
 


MINUTES

June 19th Minutes:  Page 5 line 1 change to read “There will be a 1300 sq. ft wetland impact area.”
Motion was made and seconded to approve minutes as revised.  All in favor; motion  carried.

S & G:   Due to the possibility of an improper notice, the plan will only have a preliminary review tonight. The case will be continued to next month (August 21st) The application is to be re-noticed for next months meeting.
 


CONTINUED CASES

WJAA

Bruce Johnson informed the Board that WJAA is requesting a continuance.
VOTE:  Mr. Faiman made motion to continue the case until next month and seconded by Betsy Castro.  All in favor; Motion carried.
 


Hope for Homes - Lot K-58
Two Family Residence on Crescent St

Dawn Tuomala stepped down.  Earl Cook presented a letter from fire chief.  Mr Faiman stated that Note 5 should read no on street parking instead of off street parking.  Mr Cook stated that the concrete pad will be removed when work is started but the work has not started yet.  Mr. Faiman stated that the last note should be designated as # 7, not #4.  The application was accepted at last months meeting.  Betsy Castro made a motion for conditional approval with changes noted.  Mr. Faiman seconded, all approved.  Motion carried.   Note:  4.5 hours for NRPC fees are to be paid.
 


Grayson & Natalie Parker - Lots B-35 & B-36
Subdivision

Present: Dawn Tuomala, Monadnock Survey, Inc.  Attorney Silas Little reviewed easement language and suggested a change in language.  The easement has been corrected.  Letters were received from both the Town Road Agent and the Town Fire Chief.  The Driveway is shown going around the upper wetland area and there is a note on the plan.  The ZBA granted a special exception to allow the driveway crossing the wetland area as shown on the plan.  State Wetlands approval has also been received.  Mr. Faiman motioned to accept the Application with the 2 waivers and seconded by Gerry Greene.  All in favor; motion carried.  No abutters were present.  Bruce has walked the bounds and all are in.  Neil Faiman made the motion to accept the plan and David Holder seconded.  Easement language is to be recorded with plan.  All in Favor; Motion carried.   Note:  2 hours for NRPC plus recording fees.  Mr. Davidson is to sign the plans at the Town Hall.
 


NEW APPLICATIONS (noticed)

Melting Pot Restaurant
Interior Renovation Expansion

Dawn Tuomala returned to the board.
Presentor: Cindy Worcester.  Per NRPC check list – Letter from the Fire Chief was presented.  No deed was necessary.  State permit not required.  Note for No outside uses ie vending machine.  The foot print is not changing on the outside.  Mr. Faiman Moved to accept the application and to include the requested waivers seconded by Betsy Castro.  All in favor; Motion carried.  Expanding the use of the Melting Pot.  Jerry moved to approve the plan Betsy seconded; all in favor; motion carried.
 NRPC fees to 1.0 hour or $40.00 to the Town of Wilton.
 


Granite State – Lots B-12 & B-154
Gravel Pit Expansion

Matt Fish stepped down from the board.
Presenters: Ari Pollack form Gallagher, Callahen & Gartrell, PA, and Jeffrey Cloutier, Hydrologist, North American Reserve, Inc. The proposal is for the expansion of the Existing Gravel Pit into two additional parcels.  Parcels are presently owned by the Tuttle’s and are presently under agreement.  The Site Specific application is pending.  Mr. Pollack believes the recommendations are complete and asked whether it will go to an independent engineering review.   A waiver was requested for the limitation of 5 acres open at a time.  1.  It causes cramped working conditions and safety issues and multiple reclamation of the same pieces of land.  2.  There will be a rock ledge not soil in the area.  Removing bedrock leaves vertical faces with safety benches “Stepping Pattern”.  Similar to the existing operation.  The top soiled area before getting to the top of the ledge shall be sloped.  3.  In the corner of permit area 1 there is a trailer that would be removed when the operation gets to that point.

Jeff Cloutier – provided 3 handouts (see folder) 1 – supplemental information 2. is a request for 5 acre waiver letter.  3. discussion on blasting accepted standards and 2 year history of the current sites blasting.

Betsy Castro – questions that the Town of Lyndeborough needs to notified under Regional Impact.

Jeff Cloutier stated that Lot B-11 is a grandfathered lot with the existing excavation (shown on lower portion plan).  The expansion will inlude lots B-12 & B-154. They are residential. Under 4.1 excavations are allowed in any zone in town.  Wetlands were mapped by Certified Soil Scientist.  The proposal does not impact wetlands.  Storm water will be retained on the Quarry floor.  They over drill the rock which is shattered in a V formation but is not completely broken. This action stores the water there.  All setbacks have been observed ie. 50 foot setbacks from property lines, 150 feet structures etc.  The elevation of the floor bottom will be 460‘ and will be above the elevation of Stony Brook.  The existing parcel has the DOT Railroad Easement and additional land owned by Quinns before the brook.  The proposal meets the Town Ordinances and 155E.  All truck traffic will continue through the existing entrance, no new entrances are planned.  The purpose of the expansion will provide additional reserves to the existing quarry not to expand the current rate of excavation.  It will be another month to hear anything from DES Site Specific.  The sides will be 40’ high with 20’ benches.

Why this project is compatible with the neighborhood.  Quinn Bros. is just to the left.  Jeff Cloutier provided aerial photos showing the whole neighborhood.  Laura Provost has objection to not showing her lot line properly, she stated that her land goes all the way to Cram Hill Road not just to the Town Line.  Jerry Greene said we are only dealing with the proposal and as long as she was notified than where the line is doesn’t matter.  Mrs. Provost asked that with such a glaring inaccuracy of her property what else is wrong.  Bruce stated that you were noticed and that is all that is required.

Neil Faiman made a motion that the Wilton Planning Board find that this project has regional impact and the board will notify the Town of Lyndeborough of all future meetings pertaining to the hearing.  Seconded by David Holder.  All in favor; Motion carried.

A waiver is requested for the opening more than 5 acres at a time.  Betsy Castro stated that there was no owners signature block or approval block on the plan.  Ari Pollock will include the signature block and approval block for next meeting.

Neil Faiman made a motion to accept the application, to include signature block and the planning board block, Jerry Greene seconded.  All in favor, with Betsy Castro abstaining;  Motion carried.

The existing pit would be in use for approximately 20 years.  The additional land will provide about 40 years of operation.  So they have doubled the time.  Neighborhood Impact.  Expansion will be continuation of the blasting.  Ari Pollock stated the need to blast to get the ledge products.  There is no expectation to produce more aggregate than they are presently.  They can’t make more than what the market demands.  Truck traffic is limited per day from the previous site plan.  Rail vs. truck will operate under the same requirements as it is now.  There is no intention to increase the size of the crusher nor the amount of product.

Neil Faiman stated there have been numerous complaints in past.   Ari Pollock provided blasting history and asked if objectionable were experts hired to review vibrations, noise etc. compare with their data.  There is no standards so they look to coal mining standards.  Bruce clarified – the current pit status is objectionable by some of the abutters and will remain the same.  This plan offers no reduction in noise and/or blasting.  The standards an abutter applies is greater but is significantly under the standards.  Betsy Castro questioned if the planning board was to be getting the blasting records periodically.  There was a problem in the past getting records.  Blasting reports are in Mr. Cloutier’s report.  Mr. Maclellan made the blasting records available in the past.  David Holder and Richard Rockwood went to the office and reviewed the reports before.  Can we do it again?

David Holder estimated the total acres are about 120 acres and could they reclaim one of the “arms” before moving to the other?  Ari Pollack stated the proposal is to move the 2 arms lifts back together.  As the operation is moved back, lifts are limited by the operations room to move equipment etc.  They also want to be able to blend the material both horizontally and vertically.  The operation moves from the inside to the outside.  Need to do both permit area 1 and 2 to be able to blend the material.

Bruce Johnson opened the meeting up to abutters stating that all would be given a turn to speak but they had come up with additional concerns.

Mr. St Larent asked what if he looses his water from his two artisian wells?  Barring Earthquakes or acts of God we need water every day. His objection/concern is with the water not the noise or operation.

Matt Fish – expert witness 89 variance crusher – strip mine; noise; water pollution; trucks all day long.  22 acres of land is open now with no reclamation.  Pollution comes from the property into the brook every time it rains.  Under 4.6 Performance Standards; a blast shall not be perceivable to a person on the property line.  In the past 39 people signed and asked for blasting records.  Blasting is annoying to every abutter.  Acceptable standards?  Geologists have placed a stick in the ground and you could feel it and but the geologist stated that it was within standards.   Demolition of property values.  Operation is getting to large.  Expect a portable crusher to accommodate operation with 120 acres opened.  Increase in non-conforming use.

Virginia Holt – asked for a sign up sheet for hand outs can be sent to the abutters.  NRPC what are initials stand for?  Environmental impact statement required on the plan?  Is the board looking into it.  What is the drop with the elevation reduced to 460.  Stated that it drops 400 feet.  Mr. Cloutiar - state permit is needed for site specific under chapter 485a:17.  Mr. Cloutier is a hydrologist how is he qualified to talk of blasting?  What qualifications does he have for it? He is not a certified noise expert.

Ann Jasper – Curtis Farm Road – June 28th describe 1 blasting incident with little  “Timmy” falling 40 feet down off cliff.  Impact on the future?  What happens?  Needs to hire an expert?

John Joseph - lives closer to the Pike section.  They call with blasting times. He has broken windows and pictures fall off his walls.

Laura Provost  - neighborhood beautiful scenic way is lovely.  Blasting up to the property won’t make it a scenic way.  Not compatible with neighborhood.  Cliff with a 180 foot drop off is a long way down.  Stage out or have a slope.  Truck ramps graded.  Project is only 50 feet from the lot line.

Helen Bragdon – vocal objector to operations, issues noisy, dirty, and disruptive.  No scientific evidence but some gentleman ran from her barn when they blasted.  Things move that much.  Another concern was with the type of fence to be used.  Currently on the abutting property only one piece of barbbed wire is used.  Is this what we are going to be protected by?   Is this the level, what will be the real way to protect the people?

Eowyn Josef – need for Safety fence around perimeter.  Not posted.
Ari Pollock stated there is a note on posting and fencing on the plan.

Nicki Andrews – noise out of hours.  Her 77 year old father can’t hear and doesn’t wear the hearing aid most of the time.  One day he asked what is that noise without his hearing aid in and it was the crusher.

Leslie Wharton – What are hours.  Neil hours of operation 6:30 to 6:30 Mon. to Fri.  for the crusher.  The hours are to remain the same as the original site plan.

David Holder – finished floor elevation at 460, the railroad is at 525.  Is there going to be a depression?  Elevation will be checked.

Mr. Shepardson – does the board have precedence to expand a grandfathered use to this amount?  It is in the residential zone.  Are we making new territory?

David Andrews Curtis Farm Road – land is currently used for hiking snowmobiling use etc.

Mr. Spencer Brooks from the Wilton Conservation Commission.  There are flood problems on Stony brook.  Bruce Johnson due to the Town of Lyndeborough not having been noticed the meeting will be continued until next month.  Facts are to be presented and no stories about Timmy.

Neil Faimain moved the continue meeting until the August 21s meeting, seconded by Jerry Greene; All in favor; Motion carries.
 


Gambrel Brook, Inc., Leighton White, Trustee – Lot F-6
Subdivision

Matt Fish is back on the board.
Presenter:  Jeff Kevan from TF Morans The property is off NH Route 101. The 20.4 acre lot is zoned General Residence & Agricultural and Aquifer Protection District.  Changes the 2 acres to over 4 acres and leaves 1 larger lot in back. They have and existing drive. Test pits were done and the well radius are shown on plan.  State subdivision has been issued with the paper work to follow. Documents for the common driveway were presented.  The fire chief has 2 concerns 1.  That for fire protection there be no sediment into the pond.  2. He wants a turn around at the top of the hill.  Met with Dot permit application has given comments on transition grades at beginning of the property.

The access to the upper lot is from the Isaac Frye Highway.  What is tank shown on plan.?  Mr. White said the tank will be taken out.  Jeff asked for waiver for drainage calculations; no increase of quantity.  There is already a driveway into site.  Some changes need to be made on the entrance.  No wetlands are involved.  Small portion of the drive is at 12% the rest is under 8%.   Center of site has been loamed and seeded.  Bottom houses are tucked into the trees.  Good views for the upper lot.  Don’t need to do profile for a private driveway.

NRPC reviews – disregard No. 1
No. 2 submitted
No. 3 state permit done
No. 4 fire chief - letter done
No. 5   Rate of common driveway up to 12% grade for 10% of the total length.  Needs to meet DOT and then needs to change the grade not ask for a waiver.  Show the end of the common driveway on the profile.  No culverts show on the end of the driveway.  Currently no culvert and no elev to accommodate a culvert.  The drainage is from the road into the fire pond.

No. 6.  Looking for 8% off the highway.  Will adjust the profile.  Could request a waiver  if you can’t make it.  The gravel pit has operated since 1987 with heavy equipment with no problems.
No. 7. Steep slopes – have an engineer look at the erosion control measures.  Create siltation problems near road.  Mr. White is to get a copy of the permit from Denis.

Easement language needs to be review by Si.  Town Council.
Spencer Brooks Wilton Conservation Commission is concerned with Erosion Control.  Could fill in fire pond with silt.  Fire pond is all bushes and very steep slope.  Concerned with kids falling in.  Adequate protection for the fire pond.  Need sediment and erosion control measures on driveway and fire pond.

Jerry Greene - Any gravel driveway will wash out at a 12% grade.
Mr. White said the driveway up to 17% now and is stabilized.

Bruce see something specific to fire pond and the driveway. Construction details show riprap and will show details at intersection.

To Do List
Leighton White – is now in a corporation not in a trust.  List him as president.
Revised road plan with the grading (or waiver)
Show erosion control around fire pond
Culverts at road.
Easement language to be sent to Si Little
Bounds need to be set and walked by Matt Fish as soon as they are in.

Neil moved to continue the meeting to Aug 21 without accepting application seconded by David Holder, All in favor; Motion carried.
 


Doug Nelson - Nelson Candies - Lot J-47
Change of Use

Dawn Tuomala stepped down.  She represented Doug Nelson and presented a letter of authorization.  Property is on Main Street – change in use from hardware store into candy store and locals cafe.  Property does not touch the river – railroad is in between.  Recommendation that no outside uses be permitted without coming before the Planning Board – there is a note on the plan.

Motion to accept the application by Betsy Castro and seconded by Gerry Greene. All in favor; Motion carried.

Abutter WMSA is totally in favor of the change.  Also Elmer Santere asked 2 questions which were satisfactorily answered.  A note has been requested to be added to the plan:  Ingress and egress for general public use to be from Main Street.  Basement door used as fire exit only.

Neil Faiman moved to approve the plan conditioned of the addition of the above note, seconded by Jerry Greene.  All in favor, Motion carried.
 


PRE-APLICATIONS – Not Noticed

Cheryl Allenberg
Driveway Relocation

Previous approved relocation.  She wants to move the driveway over 10 feet to grandmothers property.  For utility and access.  Has a letter from road agent.  Plan with it noted with the easement.  It has been recorded in the Registry of Deeds.  Put the plan, easement and road agent letter in the file.
 


Dick Howe
Driveway Relocation

Potter Road move to less than 100 feet from another driveway.  Neil – regulation regarding shared driveways. Spencer walked property due to grade Les Talarico suggested that it needs to have another culvert further up.  There is a running stream. Liked the proposal with the 2 culverts.  Copy of plan with the new location and culverts not a new application.  Copy of letter from the Road Agent.  The septic was originally proposed and shown within the setbacks on the approved plan.  Need to get a variance if it is moved to another spot within the setbacks.
 


Sanders – Lot A-31-1
Subdivision

Will be making application – plan handed out (same as last fall that PB did site walk) to remind board.
 


Mr. Greeley/Doran C-24
Two-lot subdivision on Goldsmith Road

Application to be made next month.  Res-Ag District and in Aquifer Protection District.  Intend to divide into 2 parcels.  Use a common drive off Goldsmith Drive – crossing the wetlands in 2 places.  Common drive proposed rather than 2 driveways to avoid using another 1,000 feet of wetlands.  Needs to go to ZBA.
 


Mr. Greeley/Doran C-24
Two-lot subdivision on Goldsmith Road

Proposal to subdivide lot into 2 lots – no wetlands crossings.  Existing farm road – may need an easement.  Question regarding using same tax map number or creating a new one?  Existing lot straddles the road – keep the same tax map.  Bounds are in.
 


S & G

Application is being treated as a pre-application due to a question regarding the abutters notification (Holts).  The application was not on the agenda.  Question if the plan has been noticed in paper.
The lot has 29 acres.  The original application had 9 lots that have been consolidated to 8 lots.  Steep grades keep common driveway short.  Test pits have been done.  Mike Sullivan – said the letter from fire chief requested water on site for the subdivision.  No place to get water.  Pond across street is under the Water Resources Board.  They provided driveway easements for Si Little for review.  Under circumstances will send it for review.  Bruce was worried about the application.    Board needs to make sure that PB needs to renotice the application including newspaper article.


OTHER BUSINESS


 


Betsy Castro made a Motion to adjourn the meeting seconded by Bruce all in favor.   Meeting Adjourned at 11:20 PM.

Respectfully Submitted,

Dawn Tuomala, Acting Secretary

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