Wilton Planning Board
May 19, 2004

Members present: Selectmen’s Rep. Jerry Greene, Bruce Johnson, Matt Fish, Mark Whitehill,  Alt. David Holder, Brian Sullivan, Alec MacMartin and Alt. Dawn Tuomala.

Chairperson Matt Fish called the meeting to order at 7:32pm.

Minutes
VOTE: Mark Whitehill made a motion to accept the minutes as printed.  Mr. Greene seconded.  Mr. MacMartin abstained.  Motion passed.

Sign Applications
Wilton Main Street Association for the Wilton Downtown Marketplace

20x12” sign (removable) for lot 48.

VOTE: Mr. MacMartin made a motion to approve the sign as long as it continues with the zoning ordinance regarding signs.  Mr. Sullivan seconded the motion.  Motion passed unanimously.

Town of Wilton - Carnival Hill on Whiting Hill Rd.

The state made sign will be on a metal gate across from the highway barn.
VOTE: Mr. Greene moved to approve the sign.  Mr. MacMartin seconded it.  Motion passed unanimously.

Debora Diffley – White House Collectables

The applicant will remove the old sign.
VOTE: Mr. Faiman made a motion to approve the sign.  Mr. Whitehill seconded it.  Alec MacMartin opposed.  Motion passed.

Carl Anderson – 42 Main St.

The applicant is Dotty Fong.  Her business is called Shen Too.
Size of the sign is 24” x 18”.  No illumination.
VOTE: Mr. Greene made a motion to accept the sign.  Mr. Sullivan seconded the motion.  Motion passed unanimously.

Continued Cases
Granite State Concrete- Lot B-12 & B-154

Gravel pit expansion
VOTE: Mr. Whitehill made a motion to continue to the June 16, 2004 meeting.  Mr. MacMartin seconded it.  Matt Fish abstained.  Motion passed.

Carol Roberts on Curtis Farm Road expressed that she is unhappy that abutters have been attending meetings month after month and the case is continued.  She would like to know when the applicant will not be attending.  Discussion continued.

David & Patricia Lage & Pratt Family Homes – Lots B-21-7 & B-21-8

The Board expects signed copies soon.

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

Richard Drew is here for the applicants

Changes made to the plan since last month:
-The building setback lines are back on the plan
-Tree stand is marked
-Fire pond is removed
-Note 14: discussed expiration date of building permit and the existing unit won’t be more than one unit dwelling

See file for new easement documents.

The 8x8 ft. tree stand with a roof is considered a structure therefore it has to come out of the setback area.

The Board requested a change to note 14 to say:
“The two mobile homes on lot 13-2 constituting a single family dwelling shall be connected by a breezeway or other permanent structure by the date of expiration of the building permit; 12-9-2004.  It shall remain a single family dwelling.

VOTE: Mr. Whitehill made a motion to continue the case to June 16, 2004.  Mr. Johnson seconded the motion.  Motion passed unanimously.

Moved Convenience 101case to back of the agenda.

New Spartan Properties, LLC and Michael Davidson
Lots E-22, E-29 through E-32.

Present:  Michael Davidson, Jim Quinn, Tom Quinn.

Mr. Tom Quinn went over plan changes and made all requested changes from the last meeting.  However, two corrections still need to be made.  It was found that a line of text is missing at the end of page two in Spill Prevention booklet (blue handout) and on sheet 7 of the plan the date on the letter is still incorrect.

Bonding and reclamation
Discussed history of bonding and Mr. Quinn suggested $4,000-5,000 per acre.
Discussed the Pitcherville case, the urgency to reclaim the area because it is a sensitive site, open acres and the fact that the applicant plans to leave the loan on-site.

VOTE: Mr. Greene moved to a bond fee of $100,000 subject to review on change of circumstances.  Mr. Faiman seconded it.  The motion passed unanimously.

VOTE: Mr. Greene moved to accept the application.  Mr. Whitehill seconded the motion.  Motion passed unanimously.

Jim Tuttle from the Wilton Water Department was on hand to discuss a letter from Emory and Garrett who will oversee the project.

Mr. Green moved for conditional approval subject final to receipt from the Wilton Water Department that they are satisfied with the plans as it as been presented to the Planning Board.
Mr. Green rescinds his motion after discussion regarding conditions.  Mr. Tuttle is satisfied with the plan

VOTE: Mr. Greene made a motion to conditionally approve the plan subject a $100,000 bond as per the previous motion.  Mark Whitehill seconded the motion.  Mr. Johnson opposed.  Motion passed.

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

Steve Moheban presented the case
Outstanding issues
1. Bounds were placed and Mr. Holder walked the bounds.
2. Voluntary contributions are $60,200. Attorney Little drafted an agreement and it was approved at Monday’s Selectmen’s meeting.
3.  Attorney Little sent a letter regarding five conservation easements and all have been made except one and a letter is in the file and to Attorney Little regarding the last easement.  (discussion)

The new road agent did approve the curb cuts (see file)

The applicant has to record two deeds with the Farrell family for the land swap.
Discussed the order of recording the documents.

NRPC fees are 9 hrs.  Peggy from the Selectmen’s office will coordinate.

VOTE: Mr. MacMartin made a motion for conditional approval subject to the execution of the note and mortgage securing the voluntary contributions as per approval of the Selectmen, payment of NRPC fees ($360) plus payment of town’s legal fees as determined by the BOS and payment of the recording fees at time of recording and contingent upon execution of five easements and exchange with Farrell property to implement the lot-line adjustment.  Once the Chairman has determined all conditions have been met he is authorized to record the mylar.  Mr. Greene seconded the motion.  Motion passed.

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

Dawn Tuomala presented the case.
Neil Faiman has sat on the ZBA for zoning and special exception and will continue to sit on the Planning Board on this case.

Discussed the slight differences between Lee Charbaneau’s requests and changes made by Ms. Tuomala.  Side slopes were changed from 2:2.5 to 2:1.  Ms. Tuomala did change 2:1 side slopes with riff raff slopes with matting and they agreed to a 5 ft. arch culvert with an arch on the bottom.  It will accommodate the 5-ft. width of the stream to name a few items discussed.

The applicant is investigating a fire pond on Keyes Hill Road.  The pond is 7-8 ft. deep and it holds 65,000 gallons and looks feasible.  It is 1,950 feet from the farthest house.

They received wetlands permit (see file).  They have a ZBA special exception for wetland crossings and variance for five lots from one driveway.  The state subdivision is outstanding.

The monuments are in and they were walked with Mr. Fish.

VOTE: Mark Whitehill made a motion to accept the application.  Neil Faiman seconded the motion.  Motion passed unanimously.

The Board discussed the application and concerns about this lot being a very wet area and construction in close proximity of the wetlands as well as the crossings and the impacts.  The engineering review of the plan was also discussed.

VOTE: Mr. Whitehill made a motion to approve the plan conditional to receiving state subdivision approval and add two notes from the ZBA actions (variance and special exception).  Seconded by Mr. Greene.  The vote was 3-3.  The chairman cast a no vote.  Motion denied.

The Board was polled.  The results are Mr. Greene, Mr. Whitehill and Mr. Faiman voted in favor of the motion.
Mr. Fish, Mr. MacMartin, Mr. Sullivan and Mr. Johnson voted against the motion.

The applicant asked for an appeal.

Discussed adopting a formal statement.

VOTE: At the applicant’s request Mr. MacMartin made a motion to reopen the case upon receipt of a revised plan.  Mr. Johnson seconded the motion.  Mr. Whitehill abstained.  Motion passed.

VOTE: Mr. Johnson made a motion to continue to June 16, 2004.  Mr. MacMartin seconded the motion.  Motion passed.

PRE APPLICATIONS
Randi Stein – Lot E-42
Home Occupation-Use of Barn for classes and functions

Attorney David Forrest is with Ms. Stein.
Matt Fish has been granted a special exception for a home business and inquired if Ms. Stein has a problem with him sitting on the case.  She said she has no problem with it.

Mr. Faiman said for the record that he sat on the ZBA Board that granted the special exception to Ms. Stein and will sit on this case unless someone has a problem with it.

Paul Battaglia, 178 Stiles Farm Rd., wondered if someone who sits on two Boards can be impartial.  Discussed the processes and the jurisdiction of the two Boards.

See file for details of the Special Exception approved by the ZBA .
The Hours of operation are to be Monday through Friday 9am-3pm & 6pm-9:30pm.  9am-4pm on Saturday and no Sunday business.
It is limited to 10 client visits on one day and no more than 20 visits per week.
All special events will be limited to 20 guests with two special events per year  that are allowed up to 40 guests and special hours of operation are 6-10pm.
All parking will be on the property and no off-site parking is allowed.  Any exterior lighting should be downcast.

The road agent has concerns about parking and the room for a turnaround for the snowplows and feels a business would exemplify the concern.  (see file)  Ms. Stein said the town has been turning around in the driveway for years and has offered the use the field for a turn around.  It was discussed that the road agent should meet with applicant.

Paul Battaglia has concerns that the cars in the field might impact his well and lighting at night could be a concern as well as the width of the road.

Judith Klinghoffer  from 2 Town Farm Road agrees with Mr. Battaglia and is not happy with this and feels it will negatively impact her life.

Gail Hoar said that Sheldon Forest must have been an impact to the area.

Brian Sullivan will review the plan with the applicant once they have a drawing that includes the septic system and other details.

Ms. Stein is not available for the June meeting but will be at the July meeting.

An abutter asked if they can’t attend what they can do.  It was suggested they can write a letter.

VOTE: Mr. Faiman moved to continue to the June meeting.  Mr. MacMartin seconded the motion.  Motion passed.

Pine Hill Waldorf School – Lot F-99
Addition to 8th grade classroom

Bob Drew was representing the school.
Neil Faiman is off the Board and is replaced by David Holder.
The new addition matches the current architect.

VOTE: Mr. Greene made a motion to accept the plan.  Mr. Whitehill seconded it.  Motion passed unanimously.

VOTE: Mr. Greene moved to waive the $500 site plan application fee.  Will need to pay square foot and abutters fees.   Mr. Whitehill seconded it.  Motion passed unanimously.
Square foot fees and abutter’s fees should be $44.

VOTE: Mr. Greene made a motion to approve the plan subject to payment of fees.  Mr. Whitehill seconded it.  Motion passed unanimously.

A school official needs to sign the plan.

LEE KING – Lot B-102
Home occupation for a daycare facility

Neil Faiman is back on the Board.
Lee King was not present.  An abutter had a concern and will return in June.
Moved to continue the application to June.  Mr. Johnson seconded it.  Motion continued was approved.

Burbak Companies – Lot B-102
Addition

Jerry Greene was off the Board and presented the case.
Discussed the application fees.
The application is for a warehouse addition.

Waivers (see file)
VOTE: Mr. Johnson made a motion to accept the waivers as requested.  Mr. MacMartin seconded it.  Motion passed.

VOTE: Mr. Whitehill made a motion to accept the application.  Mr. MacMartin seconded the motion.  Motion passed unanimously.

Discussed sprinkling or double wall for fire protection.  Downcast lighting was discussed.

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

OTHER BUSINESS

VOTE: Mark Whitehill made a motion to appoint Gail Hoar and Bill Condra as alternates to the Planning Board.  Alec MacMartin seconded the motion.  Motion passed unanimously.

Mark Whitehill made a motion to adjourn at 11:40pm.  Mr. Sullivan seconded the motion.  Motion passed.

Respectfully submitted,

Kathleen Humphreys

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