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

Meeting called to order at 7:33pm by Chairperson Matt Fish.

Line 38 page 1: John MacLellan.
Page 5, Line 18: Fred Roedel.
Page 3…edits from Steve Wagner on Susse Chalet and Granite State Concrete. Page 3 starting with line 41 should now read:
Steve Wagner talked about the need for local or on-site meteorological data (wind speed, direction & humidity, etc).  It could be used in dust control monitoring.  If somewhere within the locality of Wilton, preferably on-site, there is data such as humidity, wind speeds and wind direction can be determined when dust or noise is most likely to impact abutting properties and based on some threshold, restricted blasts under certain atmospheric conditions.

Page 6 starting with line 27 through Page 6 line 1 change to:
Mr. Wagner said there may be a procedural issue that affects whether this case is continued or not, aside from Town Counsels advise not to discuss the case tonight.  The minutes may not reflect the Boards action.  My recollection is that the Board denied the subdivision initially and upon the applicants inquiry as to what is acceptable to the Board for approval and a response stating the removal of the fifth lot with the significant wetland crossing led to the applicant implying they would amend their plan.  The Board then withdrew the denial and continued the case.

If this was procedurally correct, the notice is valid and the case is continued and eligible for Board action, not withstanding Counsel's advise to not discuss the case tonight.  If it is determined that the case is continued, there is no appealable decision to date, in my opinion.  If it is determined that, procedurally, the denial stands from the last meeting, then the notice chain is broken and the case no longer exists.  A notice of decision would have been required informing the applicant of the reason(s) for denial.  A new application would have to be submitted and notice to abutters be sent before anything more than conceptual discussions be entertained.  Counsel needs to be asked for an opinion on the case status, aside from the other appeal issues.  My sense was that the case was continued.

VOTE: Mr. Whitehill made a motion to accept the minutes as amended.  Mr. Green seconded the motion.  Motion passed.  Mr. Faiman, Mr. MacMartin and Mr. Sullivan abstained.

The applicant is requesting a sign made of steel framework with aluminum skin 8.5 x 8.5 ft. in size.  It is the capital letter “Q” which stands for Quadrica Art, the new parent company.  It will not be lit.  The current Pep Direct sign on Rt. 31 will stay as they are subsidiary of Quadrica Art.  Stoney Brook is a private way.

Mr. Johnson read 16:3.1.1 from pg. 67 regarding one sign per parcel.  Discussion of a sign.

VOTE: Mr. Faiman moved that the Board find that because the proposed sign is on a private road and is not visible from the road it does not meet the definition of sign and therefore does not meet the restrictions of the Planning Board.  Mr. Greene seconded it.

Mr. MacMartin believes it is a structure and will be there more than 30 days so it should come before the Board under a site plan review.

Mr. Johnson’s interpretation is that it is not a sign then it does not come under 16:3.1.1 and should not be before this Board.

VOTE: Mr. Faiman amended his motion to include “is not covered by the sign ordinance and should bypass the Planning Board”.  Mr. Greene seconded the amendment.  Motion didn’t pass.  Poll of the vote is YES votes by Mr. Faiman and Mr. Greene.  NO votes by Mr. MacMartin, Mr. Sullivan, Mr. Whitehill and Mr. Johnson.  Matt Fish abstained.

VOTE: Mr. MacMartin made a motion to disapprove the sign application under 3.1.3.0 because there is an existing sign at premises and under 16:3.1.1 can only have one sign for that premises and it does not meet that definition at this time.  Mr. Johnson seconded it.  Motion passed.  YES votes cast by Mr. MacMartin, Mr. Sullivan, Mr. Whitehill and Mr. Johnson.  NO votes cast by Mr. Faiman and Mr. Greene. Matt Fish abstained.

The Board suggested the applicant go before the ZBA for a variance for two signs.  Also debated if this should be a site plan review.

VOTE: Mr. Whitehill made a motion to grant the bond renewal.  Mr. MacMartin seconded it.  Motion passed unanimously.

Matt Fish stepped down from the Board and Mark Whitehill will chair the case.

Mr. Fish requested that the abutters make their final presentation at the September meeting or when the Planning Board feels it is best.  The abutters requested to have the presentations take place at the same meeting.

In September Appraiser Dick Rockwood will address the Board and give his professional opinion regarding a new pit vs an expanding gravel pit in relation to property values.

Inventory monitoring plan will be submitted to the town’s engineers for review.

The Board is considering using the high school for the next meeting.

Nicki Andrews wanted to thank the Board publicly for making phone calls informing them that GSC wouldn’t be present tonight.  She was informed to bring 15-16 copies of their final presentations.  She also alerted the Board that there could be submissions from other interested parties that they have no control over.

Laura Provo from Cram Hill Rd. is concerned with property value. “If you approve this 50 ft. from my lot line will be a 450’ drop off.  Before this I was protected in the middle of the residential zone with 200 acres of buffer/protection and if it is approved will be changing a residential zone and it will be in current use and it will change it to be commercial only 50 ft. from my property and that has to change the value of my property.  If this is an expansion of a few hundred acres this is not just a minor expansion.  The town encourages large land owners to keep their properties and this sets a precedent to change uses down the road”

Steve Wagner looked at real estate data at NRPC and found sales in Wilton and Litchfield and will submit them for the next meeting.

VOTE: Mr. Greene moved to continue to September.  Mr. Johnson seconded it.  Motion passed unanimously.
Mr. Fish is back on the Board will continue to chair the meeting.

Tom Quinn handed in a memo on Town of Wilton stationary dated 8-17-04 from Jennifer Walsh to the Board (see file) and it stated Attorney Silas Little had a verbal approval for bond No.l TD 1362 for New Spartan and Mr. Davidson.

The Board requested Mr. Little’s recommendations in writing then the permit can be issued.  If any outstanding fees are due they will need to be paid in advance.

Dawn Tuomala and Fred Roedel were present.

VOTE: Mr. Whitehill made a motion to go into executive session to discuss the case.  Mr. MacMartin seconded it.  Motion passed

The Board met in executive session in the selectmen’s office to discuss pending legal action.

VOTE: Mr. Faiman made a motion that stated in regards to the law suit he moves the Board has not made a final decision and that application is still before the board. The Board wishes to contest the law suit that on the ground it is not ripe for judicial review because there was no final decision and the Board will refrain from taking any further action at the Planning Board level until the lawsuit has been resolved.  Mr. MacMartin seconded the motion.  Motion passed unanimously.

Fred Roedel discussed his options and intentions.

Mr. MacMartin made a motion to continue the case to Sept. 16, 2004 and Mr. Greene seconded it.  Motion passed unanimously.

Mr. Fish read the amended ZBA decision (see file).  The May 11, 2004 decision of section 6.6.1 and 5.3.1 have been rescinded.  The new hours of operation are 9:00am-9:30pm.  The business is limited to 20 client visits per week.  Special activities will not increase the hours or the number of client visits.  (document Case #5/11/04-1, decided Tuesday, August 10, 2004)

The applicant has to revise the site plan to 20 visits from 25 and change the trips per day.  (one trip is in and the other is out.)

Discussed the parking field.  Mr. Fish read a May 10, 2004 letter from Road Agent Elliott regarding problems for snowplowing. (see file)  Applicant made her comments.

VOTE: Mr. Greene made a motion to approve the plan.  Mr. Whitehill seconded.

VOTE: Mr. MacMartin made a motion to amend the motion to include in the winter the applicant is responsible to keep the driveway clear for the town snowplow to turn around.  All lighting should be downcast as well as on signage.  Hours of operation 9:00am-9:30pm as per the Z BA decision.  No more than 20 clients visit (40 trips) per week as per the ZBA decision.  Mr. Johnson seconded it.  Motion passed unanimously.

VOTE: Mr. MacMartin made a motion to pass the plan as amended.  Mr. Greene seconded it.  Motion passed unanimously.

Ray Shea made the presentation
The applicant is for 4 new house lots with one existing house lot on 40 acres.

Discussed where the applicant stands and went over to do list from last month.

To do list:
-Wetlands Scientist stamped required.
-Bounds needs to be walked.  David Holder volunteered.
-Discussed if the abutter’s names are correct
-Next selectmen’s meeting is the 30th and the applicant should make an appt. to discuss voluntary road contributions.

Discussed test pits, minimum impact of wetlands and the location of septic systems.

VOTE: Mr. Whitehill made a motion to continue to September.  Mr. Johnson seconded it.  Motion passed.

Alec MacMartin is off the Board and is replaced by Bill Condra.

Discussed the sight distance would be better but if it goes negative 2% for 20 feet it will be steeper than it is now.  Mr. Troio disputed this as not what the road agent specified.  Currently there is no negative slope.

Question for Mr. Troio is can you build it to the plan and get it in.  He said he can do it within what the road agent wrote on the permit but was concerned if he can do it at 20 ft.  Discussed option for safer slope for driveway.

The Board asked Dan Pratt to come forward to discuss driveway for lot B-21-4 and B-21-6 and Mr. Troio’s driveway since he was the contractor for his house.  It was determined the road agent didn’t have the new site plan that was revised when he visited the site.  The builder didn’t build the driveway to specs.

The Board is concerned with the private way.  Mr. Whitehill read the ordinance.

Mr. Pratt said he have offered Mr. Troio money to repair the driveway.  Mr. Troio does not prefer to give an easement to the next lot from new curb cut because it goes through the center of the property.  Will sign papers to allow trees to be cut on the edge if that helps.

Discussed the Lage driveway.  Pack View Drive is the address for lot 6.

VOTE: Mr. Greene move that after tomorrow meeting at the site that Matt Fish can make the decision for the extra curb cut for lot B-21-4.  Collectively think Planning Board member and Road Agent think it would enhance this driveway issue.  Mr. Johnson seconded the motion.  Motion passed unanimously.
Mr. Fish, Road Agent Elliott, Mr. Pratt and Mr. Greene will met at the driveway at 11:30am.

The Board discussed the reasons why there were 4 curb cuts and not five because they looked closely at the driveways for this site.  Discussed if took away the curb cut would it make sense to have lot 6 accessed from lot 5, since one person owns both lots.

Alec MacMartin is back on the Board.  Bill Condra is off.

Tom Quinn, Jim Quinn and Mike Davidson were present.
-Submitting one waiver request.  It is regarding a 150 ft. setback from Mike Davidson’s unoccupied trailer.  Dated August 17, 2004 from Quinn Bros to Matt Fish RE: Waiver Request-Operations Standard 7.0b…signed Mike Davidson and Tom Quinn.
-Submitted photos of the site
-Submitted missing boring logs.  (submitted on Aug. 18, 2004 but fax date on the paper is 11-17-03.  From N.H. Boring, Inc. of Derry, N.H)
-Submitting report of GZA environmental when they did the Davidson lots on the back side.  (see file GZA Memo dated January 9, 2004  File no. 04.0023610.00 SUBJECT: Technical Memo No. 2 FROM James M. Wieck and Steven Lamb)

Lot of F-173 is the current excavation.  Lot E-23 is also part of the lot the town owns and fronts on Rt. 31.  The application tonight to is to excavate on 8.5 acres owned by the Town of Wilton.  Last March a warrant article allowed the Selectmen and the Water Dept. to work out a swap for this property.  Upon completion of this excavation the town take ownership of the lot and the 32 acres next door to protect the town wells and frontage on Rt. 31.  There is a signed agreement between Quinn Brothers, the Wilton Selectmen and Wilton Water Dept. to go forward.

Emory & Garrett have reviewed this issue.  Five monitoring wells along Webb Rd. will also be used for this parcel.  Page five has all the same restrictions from the Davidson lots.

Discussed why they are not asking for a waiver of the 5 open acres.  Discussed the total open acres of all three projects.  There is concerned with the three project all going on at one time.

Mr. Fish does not want to see the Town of Wilton to see large area open at one time it is not good for the town, environment, neighbors and so forth.  If you add up the excavations it is substantial.  There is a 5-acre minimum.

Board members disagree if the total acres of the three projects should be combined.  Discussion continued.

David Holder said that the Abbot Hill pit should have been closed two years ago.  Mr. Quinn said a little is reclaimed on a portion.

The applicant needs to connect the wording from pages 5 and 6 to this project.  Need a statement from Emory & Garrett that says it applies to this particular lot.  Emory & Garrett did analyze E-23 when they did their overall review but Mr. Quinn will get it specific to this project.  The application needs to review the notes as to be specific to this application.

Jim Quinn asked if the board would be satisfied if we don’t open more but do a temporary cover.  Discussed temporary reclamation as to minimize the amount of acres opened.  Discussed putting it in the notes about reclamation.  Opening on E-23 to close equal amount on F-173.

Mrs. Egan is concerned with what is being excavation.  Mr. Quinn said it is a gravel operation and there is no ledge.  They have no intention to blast  or crushing.  Mrs. Egan asked if the number of truck moves per day change for both lots.  The applications each listed 20 trucks per day (40 trips).  It will be the same trucks as we have in there now.  Mrs. Egan asked if there will be an increase in the number of loader in operation.  Mr. Quinn guesses the operation can continue pretty much as the same but there night be another loader on another permit.  There will be a parking pad on the Davidson lot and there won’t be additional parking pads on the new lot.  E-23 will exit on the current paved road or on the back end of the property to remove material from the backside.

The applicant will consult with the Hillsborough Co-op for temporary grass seed.

VOTE: Mr. Green made a motion to continue.  Mr. MacMartin seconded it.  Motion passed.

Mr. MacMartin is off the Board.
Sam Proctor made the presentation.  Talisman Properties would like to consolidate the lots and do away with Industrial Drive.  The bond was discussed.  There will be a deeded access for the U.S. Cell tower.

The Board suggested to maintain a common drive from a stub from one curb cut.
Discussed cravout lot.  Discussed ZBA decision on the plan, easements, and restrictions.

Mr. MacMartin is back on the Board.

Richard Swab lives in the Rideout Homestead and they want to subdivide two acres of land for a building lot.  Discussed the history of the lot and the road that the Gibbons did away with.  Discussed if the road was abandoned in 1959.  Discussed if it was abounded that the abutter behind this lot still has rights to access the road so they should leave room for access.  They would require the abutter’s permission to terminate their rights to use the road.  Discussed legal process.

Mrs. Heidi Blackmer owns the land behind the town barn and wants to do a lot line adjustment.

Stuart Draper discussed the PVA sign applications and made comments about the process.  Discussed a site plan that came before the Board that dealt with signs that were suppose to be removed and reclamation of wetlands.  He was wondering why the signs were not removed and the status of the wetlands project.  Also made comments on other businesses that have more than one sign, such as House by the Side of the Road.

Discussed coordination of all town offices and resolution of communication between departments.  Discussed a list of all people who have not complied.

Mr. MacMartin made a motion that their secretary send a letter to the BOS regarding sign compliance.  Motion passed.

Mr. Draper also inquired about hoofed animals in the residential area.

Mr. Greene made a motion to adjourn at 11:45pm.  Mr. Johnson seconded the motion.  Motion passed.

Respectfully submitted,

Kathleen Humphreys
Planning Board Secretary