Wilton Planning Board
April 21, 2004 Minutes

Meeting called to order by Chairperson Matt Fish at 7:32pm.

Members present: Matt Fish, NRPC Rep. Steve Wagner, Jerry Greene, Neil Faiman, Alt. Dawn Tuomala, Alec MacMartin, Brian Sullivan, Bruce Johnson, Mark W Whitehill, and Alt. David Holder.
 


MINUTES

VOTE: Mark Whitehill made a motion to approve the minutes.  Bruce Johnson seconded the motion.  Matt Fish abstained.  Motion passed.

PUBLIC HEARING
PSNH-Tree Trimming on scenic roads Russell Hill Rd. and Wilson Rd.

David Crane-arborist for PSNH discussed the problem with power outages in this area and moved up the trimming process a year.  He also went over the parameters of limbs to be trimmed and trees to be removed.

A Wilson Rd. abutter inquired how they would get equipment on the easement next to his house at #203.  Mr. Crane said it probably would be climbed by hand.

Brian Sullivan inquired why PSNH didn’t contact abutters on Temple Road when work was done there.  Mr. Crane will investigate and get back to Mr. Sullivan.

VOTE: Mark Whitehill made a motion to grant trimming rights per letter dated March 29, 2004 from PSNH.  Jerry Greene seconded the motion.  Motion passed unanimously.
 


SIGN APPLICATION
Big Little Bead Store on Main Street


 


VOTE: Mark Whitehill made a motion to approve the sign application.  Bruce Johnson seconded it.  Motion passed unanimously.
 


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

Matt Fish stepped down and Mark Whitehill will chair this case.
Ari Pollack addressed the Board for GSC.
DES Permit was issued under WPS620

Mr. Pollack’s punch list of Normandeau’s and Board’s issues:
-Their next blast is a high bottom blast and not a high level blast.  It is scheduled for the week of May 3, 2004.  Can do a site visit this week.
-The plant is back up and running.
-Site specific:
Issue of ground water, well water etc.
-Issue of well bonding.
-Emission testing data
 Delivered the 2003 report to Mr. Larson tonight.
-Property values
 They retained Thompson Appraisal from Concord to prepare a report.
-Graphically representation of project down the road.
 Working on what they can prepare.

GSC hopes to have most of the outstanding items before the May meeting. Al Larson from Normandeau Associates was present and made comments on the process.  The projects could be ready for June.

The Board was added to the call list at town hall for blast information. Green Mountain Blast was informed that the town wants to see a representation of a top blast.  Mr. Whitehill commented the blast the Board observed was at 96% but at the lower level.

Mr. Larson said there was a complaint filed per that last blast.  He suggested to put equipment on that property, 59 Country Way.

Matt Fish addressed GPS.  He observed a blast from the lot line on the upper side of the pit.  Discussed where people can stand regarding a lot line.
If the policy is unsafe for someone to be on the lot line when there is a blast then is it safe for the abutter and questioned if you can’t be on the lot line during a blast why are you endangering the neighbors?

The Board wanted to clarify where GSC is taking the proposed excavation line to and want to see what a neighbor or abutter would experience when this operation is in effect.

Nicki Andrews extended an offer for the Board to observe a blast from her porch.

Emissions Tests: The DES has not done an inspection of the site and the permit will expire in 2005.  There are no violations of air emissions on file.  The was a complaint that during a high wind event there was a lot of dust from the excavation area.  Discussed weather conditions and data.  GSC will try to get all information and submit it by the May meeting.

VOTE: Mr. Greene made a motion to continue to the May meeting.  Mr. Sullivan seconded the motion.  Motion passed unanimously.
 


David & Patricia Lage and Pratt Family Homes – Lots B-21-7 and B-21-8
Two lot line adjustments and driveway relocation due to ledge

Mr. MacMartin reported that documents have been signed and recorded and will forward copies to the Board.

Frances and Gertrude Ducharme – Lot C-13
Four lot subdivision

Richard Drew was present along with the applicants.

Letter from the Fire Chief is on file.  Matt Fish read the letter which states the hose standards is 2,200 ft.  Their distance is 2,800 from the waterholes.  The chief will leave it up to the Board to determine the need for the fire pond.  Mr. Whitehill read minutes from a Selectmen’s meeting.  It was determined that Mr. Drew will need to obtain a letter from the fire chief.

To do list:
-Answer regarding fire pond from fire chief.
-Send in easement language to Attorney Little.
-Remove fire pond easement from the plan.
-Building setbacks are not on the plans.
-Add 8x8 foot tree stand to plan.
-Note 14 needs to say if a permanent structure is not built by such a date that one of the two structures need to be removed per expiration of building permit.

VOTE: Mr. Whitehill made motion to continue to next meeting.  Mr. MacMartin seconded the motion.  Motion passed unanimously.
 


Convenience 101 – Lot F-27
Moved to back of agenda

Talisman Properties, LLC

Mr. MacMartin is replaced by Dawn Tuomala and Mr. Faiman is replaced by David Holder.

Sam Proctor addressed the Board for Talisman Properties.
 


LOT LINE ADJUSTMENT – Lots 12-5 & 12-6

Lot line adjustment is still pending from 5 to 23 acres.  The applicant wants to go ahead and bond the bounds to make the lot larger.  Mr. Proctor submitted an estimate for the bond and a check dated December 2003.  He requested 90-days to get the work completed.

The road bonds have been renewed and Mr. Proctor will double check on it.

VOTE: Mr. Whitehill made a motion to accept the bond for the bounds and they will be in place within 90 days.  Mr. Greene seconded it.  Motion passed unanimously.

VOTE: Mr. Whitehill made a motion for an approval for the road upon receiving the bond.  Mr. Greene seconded.  Motion passed unanimously.

VOTE: Mr. Whitehill made the motion to approve the plan.  Mr. Greene seconded the motion.  Motion passed unanimously.

The mylar and check will be delivered to Town Hall.  $26 to record mylar to HCRD.  The applicant owes the town $540.
 


STORE, GAS STATION, CAR WASH – Lot 12-6

Mr. Proctor requested a two month continuance to revise the plan and remove the gas products and underground tanks.

Note that their application will be taken off the agenda and the applicant will submit a new application and it will need to be re-noticed.

Mr. MacMartin and Mr. Faiman are back on the Board.
 


New Spartan Properties, LLC & Michael Davidson
Lots E-22, E-29, E-30, E-31 & E-32                               Excavation Application

Michael Davidson, Jim and Tom Quinn were present.
Tom Quinn comments on open items.

ITEM 1: Refueling of screening from pick-up truck.  A package is put together (see file) and the water dept. has signed off on it.
Dan Tinkered from Emory Garrett said that the plan was very tight and they were happy with it.  It goes above and beyond their conservations.
Spencer Brooks asked if LP gas is an alternative.  Tom Quinn has not investigated it.

Mr. Johnson said it is possible to convert diesel to propane.  Emory & Garrett said this system is satisfactory and as far as it can go

Liddy Higgins questioned besides from the fueling, could trucks and equipment have leaks as well.  Mr. Whitehill addressed the spill prevention program and calls for immediate response and that there is no refueling of equipment in the Aquifer District and well head protection area.

Biodegradable hydraulic fuel in all the equipment will be used.

ITEMS 2: Grass vs. seed was discussed at the last meeting.  Emory and Garrett were happy with their proposal.  GZA feels the loam and seeding and the two detention ponds will be sufficient.  It is designed to retain more water post excavation than pre-excavation.  GZA said there will be more evaporation in a grassy area than a dense canopy for trees.  Trees are good because they retain moisture and then habitat.  But it has to be determined what will be post excavation.

Mr. Fish asked what does this mean for the town water supply.  Emory and Garrett said it won’t have further impact on the water quality or level and the net loss or grain won’t be noticed.  A managed forest could be good and so could seeded grass,

Emory & Garrett said residential housing would have a concern if septic systems have chemicals in them.  Would be concerned with 40 or more houses.

Mr. MacMartin asked if it is residential in the future if E&G is happy with 10ft. filtration level.  They said yes.

It was noted that the Quabbin in Mass. did a study and determined that pine plantations planted 10-12 yrs ago were taking water from the reservoir, therefore they were clear cut.

Al Larson discussed the tree vs. no tree debate.  A landscape architecture said this creates open space and we are reforesting our open space but over time through the natural recruitment would offset the need for planting.  It might give you a head start but nature will take care of itself.

Discussion of minerals in the filtration basin instead of the entire site.  Mr. Burell said matter off site will be bound with the small grains and silt and accumulated in the basins themselves and won’t be appreciable.

Liddy Higgins, who works for ski areas, said all their tanks for lifts are carried in trucks and tanks with double wall tanks and that works for the ski mountains.

Tom Quinn commented that the hose manufacturer said the hose is good for 5 years but they are going to replace the hose every year.

The Board asked on the refueling plan to add all the equipment and places to be inspected daily to include the pick up truck.  Note that says the pick up truck will leave the site after refueling.

Charles McGettigan from the Water Department has spent a lot of time the E&G and Quinns and he believes all the precautions have been taken. He suggested to address truck along Rt. 31 and what will happen if a tanker truck spills on Rt. 31.  A study is being done to help prevention.  He feels Quinns have bent over backwards and made changes whenever necessary and have had many experts involved and studies done.

WAIVER: Five acres opened at one time.
Mr. Larson explained the open area waiver has taken into consideration material, varying nature of demands of orders, space needed to operate and topography and they have their erosion control plan in place.  Instead of 37 acres reduce it to two parcels broken down to two areas and then working in two areas.  You can’t do it all in one cut because of the side slope and the size.  It is like a layer cake.

Discussed the pit on Abbott Hill Road which is still opened and why open another pit before reclaiming this one.  Tom Quinn said supply & demand on the product.

VOTE: Mr. MacMartin made a motion to approve the open acres as approved per methodology April 16, 2004 letter which incorporates as shown on sheet 3 of 7.  Mr. Faiman seconded the motion.  Mr. Sullivan cast a no vote.  Motion passed.

SLOPE WAIVER:
The applicant showed photos of reclaiming a 2:1 slope from the adjacent property.  This project will have additional.
Mr. Larson comments were there are only two areas where the applicant wishes to have a 2:1 slope and not the whole area.  They recommended changing the seeding mix.

Mr. Greene moved to grant the waiver as requested.  Mr. Faiman seconded.

Mr. MacMartin made a motion to reconsider and said they should incorporate Normandeau’s recommendation on seed mix.  Mark seconded it.  Motion passed unanimously

VOTE: Neil Faiman move to approve the waiver to incorporate the recommendations for seeding that are in Normandeau letter of April 16, 2004.  Alec MacMartin seconded the motion.  Motion passed unanimously.

Discussed eliminating note 8, which asked for future use of the land to be stated.

Mr. Faiman pointed out that the note on the plan that accepts the terms and conditions therefore the applicant accepts the Feb. 27, 2004 letter and not the revised one on March 13, 2004.
Emory & Garrett thinks that section 8 does not need to be there after hearing the land and the history.

VOTE: Mr. Whitehill made a motion to withdraw Roman numeral 8 from sheet 7 of 7.  Mr. Greene seconded it. Mr. MacMartin and Mr. Johnson opposed.  The vote was 4-2 with the chairman not voting.  Motion passed.

The Board requested to have in writing from the water dept. that they agree with the conditional approvals.

TO DO LIST:
-Add an approval to note 10, page 4 after the words “reviewed” put in approved.
-Note 9: Add pick up truck.
-List equipment to be inspected daily, Schedule A to include pick up truck.
-Add note that fuel truck only comes in to refuel then leaves the site.
-Remove note 8 on page 7 of 7.
-Change date on letter on page 7 of 7.
-Reclamation figures.
-Add a note that all reference to Quinn Bros also refers to New Spartan Properties, LLC.

VOTE: Mr. Whitehill made a motion to continue to May.  Mr. Sullivan seconded the motion.  Motion passed unanimously.
 


Excavation Renewal – Quinn Brothers
Lot C-99-1 and C-99-2 on Wilton Center Rd.

The applicant will fix encroachment and will bury stumps.
Discussed a 30 ft. buffer along the right of way.

VOTE: Mr. MacMartin made a motion to renew the plan with the relocation of the silt fence.  Mr. Greene seconded it.  Motion passed unanimously.
 


Senator Development, LLC and Timothy & Jane Farrell – Lots F-95, 96 & 98
14-lot subdivision

Ray Shea and Steve Moheban were present.
This applicant applies to the 14 lot subdivision of remaining property.

“Four Corners Rd.” was added to the plan as the private way and Abbott Hill Road was removed because the property no longer abuts Abbot Hill.

-All farm easements have been recorded.
-Road improvement figures have been determined & will mortgage from one lot.
-Agreed to “as lot sold” or up front $4,300 per lot.  Mr. Moheban’s intention is to pay the $60,000 in a lump sum.
-Easements needs to be executed after final review from Attorney Little and set lot corners
-David Holder will walk the bounds.
-The applicant will provide a check to the town of Wilton for NRPC fees of 9 hrs.
-The Selectmen need to determine the attorney fees for this application.

VOTE: Mr. MacMartin made a motion to continue to next month due to items being supplied as previous mentioned.  Mr. Whitehill seconded it.  Mr. Faiman abstained.  Motion passed.
 


Chalet Susse – Lot C-128-1-2
Subdivision

Dawn Tuomala was present.

-Easements have been approved by town attorney. (see file)
-Second easement had changes made. (see file)
-Letter from Fire Chief. (see file)
State subdivision is waiting for the easements and the dredge and fill.
-Normandeau letter.  Ms. Tuomala does not agree with wetlands boundary.

Discussed 2,200 feet from house in n/w corner to the fire pond

Discussed Normandeau’s request for a bottomless arch culvert and supports required to hold it up.  Al Larson is representing for Lee on this wetland issue and said it is a detail than a serious red flag.  Relative to the bottomless arch culvert it is a request to look at the feasibility as an alternate to your typical 36” culvert.  It is a low gradient stream and when you narrow the steam it will be a high velocity when restricted.  Mr. Larson made a presentation on the culvert alternative and said they wanted it to be considered.  It preserves the stream.

Normandeau requested a 2:1 slope.  Ms. Tuomala prefers a 2:2.5.

Neil asked if a Normandeau representative could attend a ZBA meeting on May 11, 2004 at 7:30pm.
Mr. Greene moved to continue.  Mr. Johnson seconded it.  Motion passed.
 


OTHER CASES
Grayson Parker for lot consolidation

Mr. Parker is here for a lot consolidation along with Attorney Bill Sullivan.
On Jan. 9, 2004, the Building Inspector issued a building permit.  Mr. Grayson was about to pour his foundation but was issued a Cease & Desist Order on after Jan. 13 meeting with the Selectmen.  The Cease & Desist was because the building permit was for lot J-74 (from David Smith) but the building is going on
J-73.  The BOS feels the permit was issued in error.

Discussed the history of the two lots, taxes paid and caveat lot consolidation.

Mr. Grayson presented a letter signed by former Selectman Stuart Draper that said that if it is a lot of record but two tracks then they are separate lots.

VOTE: Mr. Faiman moved that the Planning Board assigns Jerry Greene to act as the Planning Board designee as the purpose of endorsing a caveat lot consolidation of lot J-73-B and J-74 provided that town council determines that lot J-73-B is in fact a distinct and valid lot.  Mr. Sullivan seconded.  Motion passed.
 


CONTINUED CASES CONTINUED

Convenience 101 – Lot F-27
Two story addition

Discussed moving the parking lot and non-conforming signs will be removed.

VOTE: Mr. Johnson made a motion to accept the application.  Mr. Greene seconded the motion.  Motion passed unanimously.

VOTE: Mr. Faiman moved to approve the plan.  Mr. Whitehill seconded the motion.  Motion accepted unanimously.

Mr. Greene made motion to adjourn and Mr. Johnson seconded it at 12:05am.  Motion passed unanimously.

Respectfully submitted,

Kathleen Humphreys
 


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