Meeting called to order by Vice-Chairperson Betsy Castro at 7:30pm.
Members in attendance: Betsy Castro, Mark Whitehill, Selectmen Rep. David Glines, Alec MacMartin; Neil Faiman and alternates David Holder & Dawn Tuomala

David Holder and Dawn Tuomala sat in for Bruce Johnson & Mike Davidson.

Election of New Board Officers –
VOTE: David Glines made a motion to continue the election until next month and
Mark Whitehill seconded the motion and stated that the board needs to be creative and there is a need for more alternatives.  Motion carried.

Minutes
Last page under pre-application it should be David Glines.
VOTE: Motion to accept minutes as amended David Holder abstained all in favor.
Thank you to Mr. Rockwood for his many years of service.
Congratulations to Mike Davidson and Mark Whitehill for their elections.

Hope for Homes – Lot K-56
Applicant requested a continuance prior to the meeting.
VOTE: Mark Whitehill made a motion to continue to April 2002.  Motion carried.

A&T Forest Products – Lot A-21
Alec MacMartin and Dawn Tuomala stepped down from Board.
Don Duval represented A&T Forest Products located on the Burton Highway.  The proposal is to subdivide the parcel into two lots. A 17.5-acre and a 6.2-acre lot in the residential & agricultural districts.  The 6.2-acre lot would have 6 acres upland and 0.2 acres wetland.  A wetland scientist marked the wetlands.  Mr. Duval submitted waivers for septic areas, drainage calculations and well locations (see file).  Mark Whitehill stated the applicant is required to show the area on plan, even though over the lots are over 5 acres and he further stated that a state permit is not required.

The portion of the driveway near the bridge will have to be redone.  There are many easements on the property including water rights, an aqueduct and well rights.  Mark Whitehill asked how get to Lot 21-1  Don Duval said that the square shown in the front of the lot is an easement for a common driveway to be used by both lots.  Chair Castro said that they would need to have written easement language and it will need to be reviewed by Town Council.  Don Duval stated he don't feel they needed a document and that the plan could state it all.  Mark Whitehill said legal language is required for a common driveway.  Alan Stevens said he would use Attorney Gauthier and that he has good language for the easement.  He also was considering tying the lot across Old County Road with the 6-acre lot and that no one can decide what the road is.  Neil Faiman stated it would be ok to tie them together and language would be needed to do so.  Mr. Glines explained that it is a separate lot of record.  If intent is to put them together than both lots must be shown.

Mr. Stevens presented a letter from DES stating that he has done all that is necessary for erosion control in the area.  The original driveway permit was to file for 3 accesses but final plans will have only one driveway.  Mr. Glines explained to the applicant that he now needs to apply for a driveway permit.  The original permit was for a logging entrance only.  Mr. Stevens stated that the driveway was at a 6 to 7% grade from Burton Highway then it goes flat.

There was more discussion on the separate lot in the back.  Mr. Whitehill said that it is not considered a separate lot.  Mr. Stevens still wants to be able to build on the extra piece of land in the back.  Mr. Glines said that it doesn’t have frontage on a Class 5 road.  We must have the right legal language in the document and on the plan.

Mr. Stevens volunteered to put no further subdivision on the 17-acre parcel.  He said that if he can't put a driveway in no one can do it.  With the regulations today it is not practical to build a road there and that it was too costly.  It could be done if someone really wanted to but that it is not the intent now.

Ms. Castro spoke with NRPC representative Matt Higgins who had a few comments.
(1) Label the parcels as A-21-1 and A-21-2, (loose parent tract number).
(2) A letter from the fire chief needs to be in the file..
(3) The 4 waivers.  The board felt that the 4,000 septic reserve areas and the wells needed to be shown on the plan along with soil test pits.  There are several wells on the property that Mrs. Blagbrough and Mr. Preston have the right to use.

The question was asked about acceptance of the application.  It was felt that the application wasn’t complete enough to accept it.  It was decided that abutters could have input at this time even without acceptance.  Neil Faiman expressed the need for erosion and sedimentation control plans.  Mr. Duval said he doesn't know where the buildings would go therefore he cannot do a plan at this time.

Abutter Mrs. Blagbrough, owner of lot A-22 on the down slope side of subdivision, read from a letter in which she wished to have in the minutes.  (See file for entire letter.)- She started with a history of the properties and how the lots were created and the easements established.  She stated there are several buildings in the area that are on the National Register of Historic Places.

Her main objections were to show the Floodplain Conservation District show the wetlands and restricted use due to the steep slope over 25%.  There are greater setbacks because the property is entirely within the Watershed Area with over 25% slopes.  An Erosion and Sediment Control map is required in this area.  A-21 has over 25% slopes.  In the Wilton Master Plan it speaks of safeguards are needed to protect down slope properties from insufficient septic system treatment of wastes, soil erosion and accelerated surface water runoff.  The use of insufficient septic systems, salt and “snow dumps could negatively impact down slope property and their wells.  She has concerns regarding the driveway entrance for safe sight distance and steep slopes and the stabilization of the original driveway entrance.  She wants protection for the wells, from storm water runoff, from fire hazards due to the slash, buffer zone between the driveway and her property, her riparian rights, well rights. She is requesting reports from a Certified Engineer and a Certified Soil Scientist showing houses, drives, drainage, excavations, cut slopes and impacts to abutters, wet/dry calculations, 100 year floodplain, soil boundaries, wetlands, vernal pools etc.(see letter).  .  Water quality of Mill Brook - pipe line indicated on plans - 674-44 RSA - preserve natural features of land.  All Planning Board & Zoning Regulations should be adhered to and no waivers granted.

Mark Whitehill stated that some of the situations she listed are civil matters for an attorney and are not zoning issues.  Kenton Blagbrough stated that the ice house is not shown on the plan which is close to the lot line and that the house is only about 100 feet.

In response Mr. Duval said he would show protective well radius around the wells but that he didn’t know where the water lines were.  A Certified Soil Scientist has already signed and stamped the plans. The 100-year is show on the plan and is indicated by a contour level and it is shown on the second page.  There is more than 550 feet of frontage on a town road for lot A-21-1.  Mark Whitehill asked if the buildings could be shown within 100 feet of property line.  Mr. Duval asked if the Blagbrough’s would allow him to enter the property to find out if the house is within 100 feet.  Mr. Duval’s request was granted by Kenton Blagbrough.  Discussion followed regarding the water line location.

Spencer Brooks of the Wilton Conservation Commission asked if there is any protection for the wetlands below.  Mr. Stevens stated that he had put up silt fence along the brook/wetlands and old canal and that he didn't destroy the canal but put wood on the top to protect it.

Scott Paridice owns lot next to one in back.  He asked if there was language regarding no further subdivision on the lot in front.  Mr. Stevens thought it was not necessary due to the terrain but has offered to do so anyway.  There are 2 lots and 40 acres and he wants to be able to access the lot in the back and has taken pains not to cut trees.

Mrs. Blagbrough said there is now a barrier on the old road and that it was declared a Class 6 and no trespassing signs put up along the property line for her benefit.  Mr. Steven said that he put a stick across the road because of the 4 wheel drive vehicles had dug the road up.  It was his understanding that gates and bars can be put on property line as long as they are movable and they are and have been moved.  He was concerned with the damage caused by the vehicles.  Mr. Stevens has requested that the board walk the property.  He feels that if the Board sees the erosion control that is in place, he would not have to put it on paper.  Mr. Stevens submitted a letter from the NHDES Wetlands Inspection Report regarding the driveway and erosion control measures.  Neil Faiman stated that it would be a public hearing so all concerned are invited to attend.  The walk will be scheduled at the April 17, 2002 Planning Board meeting.

Mr. Duval will get the easement prepared for the common driveway language.  Mr. MacMartin stated that the board should contact Attorney Little and let him know what is to be reviewed.  Mr. Stevens wants to get this moving unless this is going to be a long affair, then he will take it off.  It was felt it could be a couple of months.  Ms. Castro said there is a need to have the erosion control on paper because it is in watershed area.  Building envelopes are needed to show the proposed building locations.  If the actual locations vary then they need to come back before the Board.

Mr. Duval needs to apply for another driveway permit.  Mr. Glines wants to see the lots tied together and language is that one dwelling on one side or the other.  Language that binds the non-building lot to the building lot.

Kenton Blagbrough said the water line is not straight down the hill and it needs to show on the plans.  Mr. Duval said if an abutter can show him where it is than he can locate it and put on plan.  Mr. Duval requested that the Blagbrough letter be faxed to him at 668-3553.

The Fountain House – Lot J-133
Alec MacMartin and Dawn Tuomala are back on the Board.
Bobbi Hantz addressed the board representing Tony Mason.  David O'Hara, surveyor, was present.

The property is on Burns Hill Road and Mr. Mason wants to use the house for a Bed & Breakfast.  Parking has been located on the existing paved surfaces.  There is enough to allow for up to 2 off premises staff personnel, delivery parking, customers and owners.  The only new item on the property is the sign that is located along Burns Hill Road.  The lights are carriage type.  The sign is proposed to have 2 lights on top of sign and a possible 2 ground lights shining upwards.  There will also be a flood light pointed downward.  Ms. Castro asked if the sign application was sent to the building inspector. It was submitted at the same time as this application.

Spencer Brooks is an abutter across the street and claims the driveway pattern shines directly into the house. The Fountain House has undergone a lot of renovattions and is nice to have a well-kept house in the neighborhood.  Ms. Hantz said that people go in and out the east driveway, and it is wide enough to go both ways.

Discussion ensured in regards to the driveway.  The previous owners had blocked the second entrance.  The question was raised to how many vehicles would be coming and going.  The previous use was a dance studio and was much more intense usage than a bed and breakfast will be.  The current driveway exists and the owners have a right to use it  Would it be possible to use time restraint or reverse the direction flow or signage?

Ms. Hantz stated that the delivery truck can't go out the same way and it needs to be going in and unloading on the right side and that they wouldn't be using the front door for deliveries.  Mr. Spencer asked who is this application for?  Mr. Mason is the owner and the approval would go with the property when it is sold.  Any change in use they would need to come back before the Board.

VOTE: David Glines motioned to accept the application, Mark Whitehill seconded.. Motion Carried.

Alec MacMartin said that he felt four lights were excessive for one sign.  David Holder agreed.  Mark Whitehill felt that if it needs it then four small lights should be ok.  Discussion followed.  Mark Whitehill agreed 2 lights on the sign should be deleted and language on the plan regarding the restriction use of the driveway or signage on the driveway one way after dusk.

Ms, Hantz doesn't want absolute restriction for the service vehicles

VOTED: Mark Whitehill made a motion to accept the application with the following conditional approvals.
1. Two of the four lights on the sign are to be deleted
2. Restricted use after dusk sign and verbage on the plan regarding the restricted use of the driveway
3. Need to have the sign application before the board at the next monthly meeting.  See the plan next month with the sign application and then sign the plans.
The applicant is required to bring the plans back in for review in April.  It was seconded and the motion carried

Bursey’s Market - Lot F-35
Dawn Tuomala stepped down.  Mark Whitehill took minutes.
Dawn Tuomala presented an as-built plan with everything as it is today.  Alec MacMartin asked about the signs and both are existing now.  New one is illuminated.  Need to move the dumpsters to within the Commercial Zone.

VOTE: Mr. Glines made a motion to accept the application.  Mr. MacMartin  seconded.  The motion carried.

Waivers requested were presented (see file).

VOTE: Mr. Faiman made a motion to accept the waivers; seconded by Mr. Glines.  The motion carried.

Move the existing sign which is “not an exit” sign to the beginning of the driveway.

VOTE:  Neil Faiman made a motion to approve the plan with the condition of moving the dumpster.  Dawn Tuomala is to report back next month with the change on the plan.  Seconded by David Holder.  The motion Carried.

Dawn Tuomala returned to the board and resumed taking the minutes.

Preapplications
Joseph Mazerall – Lot B-101
Inquiring about putting three storage units on 353 Forest road the old A&B foods. Mr. Glines said there was a previous site plan filed and it needs to show all improvements and proposals on the plan.  The back of the property is Stony Brook.  Not sure close the trailers can go.  They Board reviewed the application procedure, deadlines and NRPC requirements.  The applicant is required to consult the maps at town hall to determine what overlay zones are involved and check the Shoreline Protection Act before a determination can be made on the setbacks.

Jill Vikers-Kilgor – Day Care
Home daycare at 22 Clark Court.  She is working with three other families, her driveway fits 4 cars now.  She will use her living room, dining room & kitchen for the daycare facility.  She is licensed for six children but her three children take up three spaces so only 3 additional children are allowed.  She needs a special exception from the ZBA.  5.3.6 section is for day care. Page A11 & A12.  Notice abutters for both applications at the same time.

Matt Fish – Outdoor Weddings
Mr. Fish needs ZBA special exception for outdoor weddings and events.  Mr. Whitehill questioned if it is a home occupation or commercial.  The ZBA can determine.

The plan is to hold outdoor weddings at the farm and sell farm products, such as maple syrup. The facility could host one wedding per weekend in the large hay fields only and no indoor facilities.  There is plenty of parking and the location is one mile from the highway.  Mr. Fish requested permission to place a temporary sign.  Mr. Glines said the traffic would be a concern going up Dale Street because it impacts the area.

Planning Board Alternates
Matt Fish and Eric Fowler could be alternates
Neil Faiman will contact Eric Fowler to see if he wants to be a member of the ZBA.

Dick Drew, who was on the agenda, did not attend the meeting.
Upcoming meetings, consult the inbox.

Mr. MacMartin made a motion to adjourn at 10:07pm and it was seconded my Mark Whitehill.  Motion carried.

Respectfully Submitted
Dawn B. Tuomala, Acting Secretary and edited & posted by Kathleen Humphreys