Members Present: Chairperson Matt Fish, Andrew Fairbank, Selectman’s Representative Dan Donovan, Alec MacMartin, Alt. David Holder, Brian Sullivan, Neil Faiman, and NRPC representative Steve Wagner. Mr. Holder will sit on the board for Bruce Johnson.
Minutes
VOTE: Selectman Donovan moved to accept the minutes as amended. The motion was seconded by Mr. MacMartin. Mr. Neil, Mr. Sullivan and Chairman Fish abstained. The motion was otherwise unopposed. The amended minutes were accepted.
Continued Cases
Nextel Communication
In response to a question from board member Sullivan, Chairman Fish stated that he did not know if the letter had been sent certified or not.
Board member MacMartin moved to postpone the issue until the end of the meeting. The motion was seconded by board member Sullivan. The motion passed unopposed.
Tom Quinn - Lots C-99-1 & C-99-2
Wilton Center Road Subdivision and Reclamation Plan Update
Dawn Tuomala of Monadnock Land Survey in representation of Mr. Quinn stated that the plans now include a curve instead of a ninety degree angle, a note to maintain the existing silt and fences, stone rip rap on the outlets of each of the culverts, a reverse bench on the back side for 150 feet, and Notes 6 and 7 about adding stone. She noted that the previous plan had specified stone check damns but had not shown them. She explained that the new plan includes the stone check damns and drainage easements. She noted that the last time conditional approval stated that there would be a review again in sixty days to check their progress.
Mr. Quinn stated that he had just awarded a contract which he hopes will begin on September 1st and that they would have less than two weeks work.
In response to a question from Chairman Fish, Ms. Tuomala stated that the sixty days would end in September; however by then the contractor will have just finished their work and nothing will have taken hold.
Mr. Quinn noted that the contractors may need the whole month to finish
their work.
Chairman Fish stated that since the hydro seeding would be placed in
late October they would still be within the cusp to know whether it would
hold or not.
In response to a question from board member MacMartin, Mr. Quinn stated that he hoped that the hydro seeding would take hold within two weeks.
In response to a question from board member Sullivan, Mr. Quinn stated that he hoped to have everything completed in the third week of September but one never knows what complications may arise.
In response to a question from board member MacMartin, Mr. Quinn stated that he would not have a problem with appearing at the September meeting.
In response to a question from Neil, Ms. Tuomala stated that the plans should note an 18 inch deep swale not an 18 foot deep swale and she made corrections to the plans.
Board member MacMartin moved that the board agree that the conditions have been satisfied however there will still be a sixty day review in order to release the bond. The motion was seconded by Alternate Holder. The motion passed unopposed and the board signed the plans.
Tom Quinn Lots - C-99-1 & C-99-2
Wilton Center Road Subdivision and Reclamation Plan Update
Ms. Tuomala from Monadnock Land Survey, representing Tom Quinn, stated that she had taken care of Mr. Little’s issues including adding Note 15 which refers to the documents. She presented originals to be recorded, signed and dated to the board and a copy for their records.
In response to a question from Mr. MacMartin, Ms. Tuomala stated that the drainage easement was dealt with in the presented plans noting that she added the access, detention and retention, easements, and a note which states that nothing is to be disturbed.
Ms. Tuomala noted that there had been questions from the road agent and she presented a letter to the board from the road agent stating that he has approved the plans as long as there is 300 feet of site clearance. Ms. Tuomala noted that her plans allow for 400 feet. She also stated that the board should have the letter from the fire chief and that the bounds have been walked.
Chairman Fish read a letter from the fire chief, which stated that he had reviewed the plans and he has no problems with them (see file)
Ms. Tuomala stated that she had put a note on the plan with regards to the certification of the foundation as requested at the last meeting.
Board member MacMartin questioned whether there could be a note on the plans in regards to the slope portion along the road that has not been touched by excavation, to address leaving the trees as a buffer area.
Chairman Fish stated that he would be worried that removing the trees would cause erosion because the slope is so steep. Mr. Quinn stated that he would not have a problem with leaving that area as a buffer.
After more discussion about wording, Ms. Tuomala suggested that she include a note which stated that the tree line along Wilton Center Road and Gibbons Highway Route 101 remain and that best forest management practices be used for removal of dead or diseased trees and for safety reasons. The board agreed with this wording.
In response to a question from Mr. Quinn, Chairman Fish explained that the selectman will look at the road and discuss the final build out of the road to determine the offsite improvement assessment.
Selectman Donovan stated that stated that as there is not an impact fee schedule as of yet he anticipates that the selectman would be looking for a contribution from Mr. Quinn.
VOTE: Mr. MacMartin made a motion to accept the plans. Mr. Faiman seconded the motion. Mr. Sullivan abstained and the motion carried unopposed. There were no abutters present.
After some discussion the board decided to wait until the review of the reclamation before approving the plans as a conditional approval would only complicate matters.
VOTE: Mr. Holder made a motion to continue the case until September. Mr. Fairbank seconded the motion. The motion passed unopposed.
Quinn Brothers & Michael Division - Lots E-22 and E-29-32
Excavation - Compliance
Mr. Quinn explained that July 20th letter stated that temporary equipment should be parked on a membrane pad or concrete pad and that he had had a membrane pad approved but the bulldozer would tear it up, so they decided to park the equipment offsite. He also noted that they had decided that temporary equipment which would be on site for one day or less would not need an orange sign.
Chairman Fish stated that the issues with the silt fence had been taken care of and the storage of short term equipment with non biodegradable fluids had been defined. He also noted that the excavation of the infiltration of basin #1 had been postponed until September 15th.
Mr. Quinn noted that the basin will not be a hundred percent finished but it will be working and it will not be able to handle the full capacity but by then it will not be receiving all the runoff anyways.
Board member MacMartin stated that the board will monitor the completion of the infiltration system and that Mr. Quinn will report back in September.
VOTE: Mr. Donovan made a motion to continue the case until September. Mr. MacMartin seconded the motion. The motion carried unopposed.
House by the Side of the Road – Lot F-27
Change of use for annex
Chairman Fish read a letter from Robert Todd to the Planning Board which states that he inspected the restoration project and has found that it has been carefully and accurately implemented. He also read a letter from Robert Todd to the DES Wetlands Bureau.
Selectman Donovan stated, since Ms. MacFarland had alluded to appearing before the BOS, that the selectmen said that they would grant an easement over the town property as much as she thought she would need. In response to a question from Mr. MacMartin, Selectman Donovan stated that they discussed an easement not a license.
In response to a question from Mr. MacMartin, Mr. Fairbank pointed out the note on the plan, which states that there would be no internally lit sign.
In response to a question from Ms. MacFarland, Chairman Fish stated that one sign per lot is allowed.
Chairman Fish recapped by stated that the lighting had been changed, the ice cream stand has been shown on the plan and the wetlands are under control.
Board member MacMartin suggested that the berm be added to the plan.
There were no abutters present.
VOTE: Mr. MacMartin made a motion to accept the application.
Mr. Fairbanks seconded the motion. There motion passed unopposed.
The board discussed Ms. MacFarland’s question about adding a window and they directed her to the building inspector.
VOTE: Mr. MacMartin made a motion to continue the case until September.
Mr. Fairbank seconded the motion. The motion carried unopposed.
Mr. Donvoan is back on the Board.
Richard R. Tuttle, Sr. Trustee & C. Wilson Board member Sullivan,
Trustee
Lot - F-32
subdivision
Ms. Tuomala stated that the road name of Sugar Makers Way as noted on the plan was approved by the Selectmen. She noted that the Selectmen also decided upon $1,500 for a voluntary road improvements contribution. Selectman Donovan confirmed these facts.
NRPC representative Wagner confirmed that he had walked the bounds.
Ms. Tuomala stated that she met with the road agent and she presented a letter from the Wilton Highway Department to the board. She also presented a letter from the Sewer and Water Department.
It was noted that Attorney Silas Little had reviewed the legal documents and she presented a copy of the declaration of common driveway easement to the board.
Ms. Tuomala stated that she created a ditch in between lots one and two and explained that the swales will keep the increase in runoff on the site. She also stated that she had analyzed the site before and after the construction.
In response to a question from Mr. MacMartin regarding the driveway, Ms. Tuomala referred him to page three of the plan and pointed out the grade and culverts.
In response to a question from Mr. Sullivan, Ms. Tuomala stated that the ditches will not stop what runs in the culverts today but will contain any extra due to the proposed site changes.
Mr. MacMartin stated that the runoff that comes from the road ends up in the center of lots one and two.
The board reviewed pictures of the runoff provided by Bob Bragdon and discussed solving the issue of runoff going over his driveway.
Mr. MacMartin stated that he does not want to be in the position of in a year or two having someone say “why did you let them build a house here, now I have water in my basement.” Donavon stated that they would not be increasing the runoff.
Mr. MacMartin stated that he did not want to be putting a house in the middle of a lake. He stated that they can not increase the flow offsite and that the plan does not address the issue of standing water or address any increase in flow brought about by the changes.
Chairman Fish noted that there are a lot of questionable drainage issues and an official abutter complaint has been logged during the subdivision process.
Ms. Tuomala stated that she will reevaluate and come back next month as she only dealt with her lot not the abutters.
Mr. Bragdon stated that he would like it to only be a two house lot.
Chairman Fish stated that it is a question of the appropriate building envelope with an outside review being needed.
Board member Fairbank moved to continue the case until September to allow the applicant to do further study. Board member MacMartin seconded the motion. The motion passed unopposed.
Three pictures were entered into the record.
John & Jessie Garabrant – Lot -31-1
Change of status (use) for apartment (single family to two family)
VOTE: Mr. MacMartin moved to continue the case until September. Board member Sullivan seconded the motion. The motion passed unopposed.
Nextel Communication (continued from earlier in the meeting)
Cell tower
Board member MacMartin moved that another letter be sent restricted and certified to Dave Holder, with a copy sent to Nextel, to appear before the next meeting. Board member MacMartin stated that he will get an address from the plan. The motion passed with none opposed.
New Applications
Souhegan Wood Products, Inc. – Lot K-169 (aka K-167)
Change of use, installation of silo
Mr. Keefe stated that they had previously agreed that they would come back to the board with a plan. He explained that it is not a full site plan but shows the area to be impacted by the proposal. He explained that Souhegan Wood Products plans on putting a silo within the existing building and noted that there is already an existing silo. He explained that less than 2% of the planned area and less than .5% of the total area would be affected. He gave the board some before and after photographs. He explained that they want to take a silo and put it within the existing building and while they originally thought it may extend beyond the front of the building, they have decided now that it will just be dropped in the building. Mr. Keefe further explained that the reason they want to do this is to allow the company to handle material more efficiently. He then presented a letter from Rudolph Cartier Jr. from the Department of Environmental Services, which stated that he enthusiastically endorsed the plan for the silo as it will reduce fugitive dust and although Souhegan Wood Product’s levels have historically been lower than regulations this plan will make the levels even lower which is good for the environment and their neighbors and will help with fire hazards.
In response to a question from board member Sullivan, Mr. Keefe stated that the cyclone which is on top now will initially be on top of the silo but eventually would be replaced with another material handler. He stated that the rendition does not show the cyclone. He also stated that the silo is 30 feet high and the cyclone is 9 feet high.
In response to a question from board member MacMartin, Mr. Keefe stated that the other silo is 50 feet high and the new silo will have significantly less visual impact as the larger silo has 1000 square feet of visual area and the new silo will have less than 300 square feet of visual area, a portion of which already exists.
In response to a question from Selectman Donovan regard aesthetic improvements, Mr. Keefe stated that they are planning on putting siding on the cinder block.
Board member Sullivan questioned whether something could be done with the other silo for instance painting the cement block portion or doing some landscaping.
Mr. Keefe stated that they have been working on upgrading the appearance of the building somewhat and that the starting point was to upgrade that end of the building.
Board member Sullivan noted that to their credit there is not trash everywhere.
Selectman Donovan stated that they do have jurisdiction over the aesthetics but that he would hope that Mr. Dunn would do something to improve the look as it is an eyesore.
Mr. Dunn stated that they have improved appearance and operations as they have scraped and painted some portions and resided in new metal sheeting the old warehouse. He explained that bit by bit they have been trying to approve their appearance and this project is going to cost ten of thousands of dollars. He stated that he would be willing to paint the area with white latex.
Selectman Donovan confirmed that they were not asking him to change the sign.
Mr. Dunn stated that he would like to not venture to far out of the scope of the project.
In response to a question, Mr. Dunn explained that the new silo is coming from the Milford Wastewater Treatment Plant and that it is a gray-green.
In response to a question from board member Fairbank, Mr. Dunn explained that the building would eventually house a high torque low rpm grinder which would reduce fire hazard and noise.
In response to a question from Selectman Donovan, Mr. Dunn stated the cyclone is a pneumatic device which strips air away from the wood and is 99.5% effective.
In response to a question, Mr. Dunn stated that the concrete block walls are necessary to hold up the rest of the building which is where they will house the grinding and auguring process.
In response to a question from Chairman Fish, with regards to safety and the fall zone, Mr. Keefe stated that he didn’t see any particular safety issues as this silo would be shorter than the other silo.
Mr. Keefe stated that he notified all abutters with tax records but also notified Boston Maine and Gilford in Billerica.
NRPC representative Wagner noted that when they go to install the silo they will need to coordinate to make sure that no one will get in their way.
Mr. MacMartin noted that he would be happy if they could persuade the applicant to apply a coat of paint to the concrete building.
A spectator stated that whatever can be done to help the fire situation is a good thing and he noted that it would not look out of place. He also noted that when he worked at Draper’s he used to have to sweep the dust off his car everyday after work.
Ms. Tuomala stated as an abutter that anything which can be done to reduce the fire hazard is good as the last time they had a fire she had to leave for Florida and she did not know if she would have a building to come back to.
VOTE: Mr. MacMartin proposed a motion to accept the application. Selectman Donovan seconded the motion. The motion passed unopposed.
VOTE: Mr. MacMartin proposed a motion to approve the plan. Selectman Donovan seconded the motion. The motion carried with none opposed.
Rachida Selectman Donovan Bakery Business – DeLisHous Baked Goods –
Lot J-50
Bakery-change of use
Mr. Donovan stated that the electrical set up will not change however they will need a permit for the plumbing and a permit for the propane for the oven.
In response to a question from Mr. MacMartin, Mr. Donovan stated that they are mostly rearranging the existing structures.
In response to a question from Chairman Fish, Mr. Donovan stated that he is hoping to be open from 6:00 a.m. to 4:00 p.m. and then maybe an hour or two to coincide with the movies.
Mr. Donovan stated that they are looking for two tables outside and an open flag.
Mr. MacMartin stated that Mr. Donovan will have to deal with the Selectman with regards to the tables as they are trying to get a uniform look.
In response to a question from Mr. Sullivan, Mr. Donovan stated that they will have less than four employees and they will serve items such as pastries, French bread, foccia, and Moroccan items.
In response to a question from Selectman Donovan, Mr. Donovan stated that they will be using table mounted bread bowls not floor mounted so they can use the same outlets.
Mr. MacMartin stated that they can have two signs one of which could be a projection sign which would have to be over 8 feet high, and can not stick out more than 6 feet.
Mr.Donovan stated that they would like to use a flag and that they plan on using the old Beanies sign.
In response to a question from board member MacMartin, Mr. Donovan stated that there would not be any external lighting.
The board discussed that the applicant is not proposing any dimension changes of the building so therefore it is not necessary for the dimensions to be on the plans.
Board member MacMartin asked that Mr. Donovan label the first floor and the basement.
VOTE: Mr. Sullivan moved to approve the application. Mr. MacMartin seconded the motion. The motion carried with none opposed.
Sign Application
VOTE: Mr. MacMartin made a motion to accept the sign application. Selectman Donovan seconded the motion. The motion passed unopposed.
VOTE: Mr. MacMartin made a motion to approve the application. Mr. Sullivan seconded the motion. The motion passed unopposed.
Pre-Applications or Informational
Tom Quinn Lot F-122
In response to a question from Mr. MacMartin, Ms. Tuomala stated that the proposed road would be 1000 feet long. She stated that in order to get a sight distance on Proctor Road, and because the road agent has difficulty keeping his plow on the road, they are proposing that they do one bigger sweep by relocating the road and in doing so they will be able to obtain the site distance necessary. She also noted that the proposal includes pumping the sewerage up to an existing manhole.
Chairman Fish noted that if it was a completely sealed system it would not trigger the need for a double lot.
Ms. Tuomala noted that this is just the rough draft and she is looking for input.
In response to a question from Mr. MacMartin, Mr. Quinn stated that there is no way to do it with a shorter road. He stated that he talked to the fire chief and he suggested that the wires be under ground so that he could get his trucks in there if a line were to go down which would maybe allow for a longer road.
The board discussed other road possibilities and told Ms. Tuomala to bring another proposal back to the board which includes a shorter road.
Ms. Tuomala stated that she noticed at the end of the last meeting minutes it was questioned whether she has a conflict of interest and she stated that she does not think so. She stated that in regards to the wells all her firm has done is locate the wells and on Mr. Quinn’s site she has done some of the bounds and easements but she has not been doing any of the designs and she feels that the board could have talked to her and not made her read about an issue with her in the minutes.
Chairman Fish stated that he had just brought it up so that it could be discussed.
Ms. Tuomala stated that when she was on the board she was very careful
about sitting out if she had ever had any relationship with the person
presenting and she has always been very careful about any conflict as all
she does is locating and then she passes the information on and someone
else deals with it.
Other Business
Mr. MacMartin stated that he thinks they have a lot of material, which they thought would be good but isn’t and no one took it and now they have big piles.
Mr. Sullivan stated that he is supposed to go up there and speak with them because they are asking if they can have some of it trucked out but that sounds suspiciously like mining. He stated that he is going to ask if he can give the fill to someone else to clean or change the reclamation plan. Mr. Sullivan reiterated that he did not talk to the owner directly but they are supposed to be seeding by end of September and board member Sullivan will go out there and report back.
Chairman Fish stated that Chalet Susse has a pre trial conference scheduled.
Mr. Sullivan stated that this may be a structuring conference or it may be that the trial is imminent and the court is just bringing the groups together to be sure that everyone is ready.
Chairman Fish stated that the board needs to find someone who can be a representative of the board as he is not willing to spend all his time there and at his last meeting with David Tower in Jaffrey, Mr. Tower asked whether Chairman Fish would be available.
Mr. Sullivan stated that maybe the board can clear with Mr. Tower if someone really has to be there.
Selectman Donovan stated that if Mr. Tower states that he needs a body for the pretrial since the courthouse is right next to his office he could be available.
Mr. MacMartin stated that in regards to the Granite State quarry an intervener’s petition has been filed which means that they would like a chance to speak also. He also noted that they are still actively monitoring the blast and measuring,
Mr. Fitzpatrick stated that the Conservation Commission is in the process of finalizing their Natural Resource Inventory and explained that this is a $10,000 project budgeted over two years. He explained that much of their material is for the planning board as well as themselves. He explained that when he had spoken to Chairman Fish earlier he had stated that the board may be able to match the Conservation Committee’s $5,000 and therefore get the project completed in one year.
The board discussed different ways in which they could contribute to the project.
The board discussed a reoccurring issue of plans leaving the town hall and ways to rectify the problem.
VOTE: At 11:15 p.m. Selectman Donovan made a motion to adjourn the meeting. Board member MacMartin seconded the motion. The motion passed unopposed and the meeting was adjourned.
Respectfully Submitted,
Heather Lowey Nichols
Acting Secretary