Members present: Co-Chairperson Brian Sullivan, Alec
MacMartin, Alt. David Holder, Andrew Fairbanks, Neil Faiman, Selectmen’s Rep.
Dan Donovan and NRPC Rep. Steve Wagner.
Mr. David Holder is on the Board
for Matt Fish.
Tom Quinn, Lots C-99-1 & C-99-2, Wilton Center Road-60
Day
Reclamation plan approved with
60-day review
VOTE: Mr. MacMartin moved to
continue to the
House by the Side of the Road –
Change of use
Mr. Donovan is off the Board.
Abby
MacFarland was present.
Selectmen
Donovan provide background from a BOS meeting and
correspondence from Attorney Little with concern the license should go before
town meeting.
The plan
shows what is at the site now. The internal access is discontinued. Parking in
front will be relocated. A walkway is provided.
The
Board inquired about curb C-1 and Mrs. MacFarland gave an explanation.
No
abutters were present.
VOTE: Mr. MacMartin made a motion to approve the plan. Mr. Faiman
seconded it. Motion carried unanimously.
Plans
were signed. Fees: $398.75 due to TOW-check #373 paid. The Board will not
record the site plan.
Mr. Donovan is back on the Board.
Richard R. Tuttle, Sr. Trustee & Wilson Sullivan,
Trustee
Dawn
Tuomala was present and reviewed changes since last meeting.
The
common driveway easement was done in August but a few changes were made such as
drainage easements to the title. There are two titles in Section 4 and one
paragraph in Section 5 that incorporates the language for driveway easements.
Town counsel will review changes.
The
abutters have come to an agreement. Mr. Bragdon will not be providing an
easement. Note 17 says maintenance of existing ditch
is a condition of Case 10-13-99-1 ZBA granted to Bragdon to permit access to
lot F-32-1 over F-31-1. The drainage is not to affect flow from either
property. They also came to an agreement not to change the 12”pipe but to fill
on the Tuttle property due to a small puddle.
Board
suggested making the change “the ditch is on Bragdon’s property”.
Ms.
Tuomala explained how the culvert and fill would push water to the culvert.
The Board
is concerned about the water level and slab foundation requirements.
Spencer
Brookes requested the Conservation Commission to review the plan.
VOTE: Mr. MacMartin made a motion to have it
sent out to review by Normandeau or recommended substitute. Mr. Fairbanks
seconded it. Yes votes were cast by Mr. MacMartin, Mr. Faiman, and Mr.
Fairbanks. Opposed were Mr. Donovan and Mr. Holder. Mr. Sullivan abstained.
Motion passed.
Mr.
Tuomala provided two sets of “Tuttle Trust Drainage Calculations”.
The Board felt that information related to slab height
since the water table is three feet should recorded so the buyer knows what to
do with the land. The Board discussed
the slab and if there could be a basement. Note 18 will address no basement on
the lots and set slab heights as shown on the plan.
Mr.
Wagner suggested any significant changes in the contour of the property would
require an amendment of the plan.
To do
list:
-Note
17 to cover drainage easement
-Note
18 regarding slab foundation and not basements
-Attorney
Little to review the new driveway easement language.
-Note
added to contours changes.
John & Jessie Garabrant –
Change of use-one family to two family dwelling
Mr.
MacMartin will talk to town counsel regarding rescinding the conditional
approval. The town office has been unable to locate the Garabrant's and they
have not appeared at the last few meeting despite attempts to inform them to. A
number from a former neighbor was provided for John Garabrant 801-5919.
VOTE: Mr. MacMartin made a motion to
continue to the
Dawn
Tuomala and Steve Elliott were present. Ms. Tuomala went over changes she made on
the document. #1: delete “no” and add “not” after shall 8: delete “sight”. Added the miles per hour speed limit exactly as in the master plan.
Strike last sentence on number 14.
The
proposal will be posted as regular business on the December 21 meeting.
Notice
10 days prior to public hearing, once voted on it becomes effective as soon as
town clerk has it.
.
VOTE: Mr. MacMartin made a motion to
approval the renewal permit on Davidson/New Spartan Pit Lots – E-22, E-30
through E-32. Mr. Holder seconded it. Motion pass
unanimously.
Water
is all being contained on the site. They are moving along with excavation and
with final grades. They plan to be in January for a revised reclamation
plan.
VOTE: Mr. MacMartin made a motion to approve
the renewal permits. Mr. Holder seconded the motion. Motion passed unanimously.
The
bonds were turned in last meeting. Mr. Sullivan signed renewal forms and kept
copy for town
Sign applications:
Phase one of signage around
town
Michael
Dell’Orto and Stanley Young showed signs the Heritage Commission will display
on town lot C-80 and the town pound lot. They are white and hand lettered. They
are the approx. size of historic marker signs.
Further
plans are to install signs at Davisville-Frey Mill,
Mr.
Donovan read 16.1 A. The ordinance does not apply to the town or state.
VOTE: Mr. Donovan moved that no sign
application is needed. Mr. Faiman seconded the motion. Motion passed
unanimously.
NEW APPLICATIONS
Joe Torre –
Mr.
Torre went over the changes in the plans and different water flow. The main
changes are due to the fact they did not take out as much gravel as
anticipated. There are no changes in original drainage plan; it still goes west
to east. The contour is less than original plan. The grass is taking.
VOTE: Mr. MacMartin made a motion to grant
the two waivers as requested. Mr. Holder seconded it. Motion passed.
VOTE: Mr. MacMartin made a motion to accept
the revised plan. Mr. Faiman seconded it. Motion passed unanimously.
VOTE: Mr. MacMartin made a motion to approve
the plan. Mr. Donovan seconded the motion. Motion passed unanimously.
Mr.
Brookes recommended seething because it is a better product.
Property owner Joan Lemire and
shop owner George Argondizza were present.
Candles will not be made on the
site. See file for a letter from Fire Chief Ray Dick. He faxed a generic letter
that states he has been in the building when it was an application for an ice
cream store and it met approval and sufficient parking. If the Board has a
problem with his fax, he can visit the sight tomorrow. The letter states the
Fire Dept. has no problem with water access to yellow building. Discussed
egress in case of emergency.
VOTE: Mr. Donovan moved to accept the plan. Mr. Faiman
seconded it. Motion carried unanimously.
VOTE: Mr. Donovan moved to approve the plan. Mr. Faiman
seconded it. Motion carried unanimously.
Fees
due: $19.50 for square feet plus abutter fees is due. 11 abutters x $6.
NRPC FEE: $133
Sign permit for Olivia Clare’s
The
proposed sign is 22-ft. long x16 inches high. It is cloth and will go over two
pillars in the front windows.
It was
determined that lot J-63 is a residential district and not in the commercial
zone as previously thought. The Board felts it is pre-existing use. Discussion.
VOTE: Mr. Donovan moved to table the sign
application. Mr. Holder seconded it. Motion carried.
The
issue can be addressed at Town Meeting and it is something the Board cannot
ignore. The approval of the site plan is still good.
Mr.
Brookes is outraged. He said give small business a chance here.
The
Board is not sure if that building was ever zoned commercial. They discussed
looking at the rest of
PRE APPLICATIONS
Mr.
Zavgren lives in
He
discussed parking options with the Board. Big issues would be traffic, noise,
and hours of operation. It was suggested that Mr. Zavgren look at the
ordinance. The house is in Res/ag zone. He may want to review Matt Fish’s
special exception for a home wedding.
Come
here with site plan. Show where things will occur and have to anticipate and
plan for usage and how big an event will be and how many times per year. It was
noted that
Attorney
Ari Pollack and the MacLellan brothers were present. Mr. Pollack began by
saying he is at a bit of a loss as of how to precede at this time. He had a
list of compromises prepared about the application.
Mr.
Pollack said the first decision contains many issues, which we take objection
to and presented our arguments to the Superior Court and that case is was
pending. GSC hopes the Board will see the second application as material
difference as a number of ways but also as a fresh start as a learning endeavor
for sides, not only lengthy and expensive. This application is smaller,
shorter, and further from abutters and reactionary to the ordinance and
decision.
When
GSC filed in October, there were only general ordinances. Mr. Pollock felt the
timing is interesting that there is a hearing that will prohibit excavation for
all areas except select lots. The proposed zone does not fit this lot. “I’m
troubled by the seeming timeline of this issue where it appears the Planning
Gravel Cmte. And hearing”. With a noticed proposed
hearing posted this application does not apply with posted zoning and can not
be heard. We were hoping this application can viewed complete and can hold a
public hearing tonight or a future date and begin a process of reviewing.
Mr.
MacMartin and Mr. Pollock discussed Attorney Little’s opinion on the pending
case and his recommendation. If GSC appeal wins then their proceedings here are
mute.
Mr. Pollock
“We are hopeful this board would review the new application in a manner in
which we would consider it appropriate and would not expose those expansive
explanation which is smaller in which you drew those definitions”.
Mr.
Pollock believes there is substantial precedent to have different parcels
reviewed by the Planning Board.
He
also stated while they have prepared and presented that to the court and will
appeal to the court. He felt they can comply with the regulations and stature, there
is nothing wrong with the language but with the interpretations.
Mr.
Pollock feels the posted ordinance blocks us from hear this tonight.
Mr.
Pollock asked for answers.
1>
Is the board position
that the application cannot be found complete because it cannot comply with
posted zoning?
2>
I know when the
meeting was but would like to know when the meeting notice was stapled by the
Board. He was told the text was posted on
Mr.
MacMartin sees a couple of problems here. Town counsel sent the Board a letter
that we shared with you and the Board sees no reason to go against what town
counsel suggested. He sees it as two parallel things. We have the appeal and I
do not see we need to change our interpretation of the ordinance. Regardless of
if, the ordinance was there I opt for waiting. Since it is there that is a
reason not to hear it.
Mr.
MacMartin added that Mr. Pollack may feel the timing is such but this case is
here at the time of year this (proposed zoning changes) happens. It is the way
the process works and to you it looks suspicious but Town Meeting is in March
and that is how it works.
Mr.
Wagner stated he was not aware of the posting that is being discussed here
tonight but he knows the Board was talking back in January and considering
zoning changes then. He stated his summery tonight did not take into
consideration the new notice. Mr. Wagner also stated the Board heard from town
counsel as to if they have the authority to hear the case, as you are
appealing. In addition, this falls under the conditions of denial from the
other case.
Mr.
Donovan is troubled by the jurisdictional challenge and said it seemed the
activity is the same the only thing is perhaps somewhat less duration and
lesser scope but it does not differ. In addition to the
posting of the ordinance.
Reviewed notices.
Mr.
MacLellan said “if the Board feels this is a waste of time to consider this
application he want to explain the application was applying for a permitted use
until yesterday on that lot and we are not by nature people to settle things in
court. Moreover, if we cut a new proposal that consider things said in the past
few years. We want to work with people and present a proposal that is good for
the neighborhood, the town, and the people. Our only intent is to reach solid
ground…what is Little says about legal hunch. There is
no need for court case if we can get something resolved in this room and that
posting yesterday makes it not possible”.
Co-Chair
Sullivan said that the Board likes to see complaints dropped before they hear
more cases. Mr. Pollock said that could have been discussed but it cannot now
and requested to withdraw the application with no prejudice to re-file.
VOTE: Mr. Donovan made a motion to withdraw
the application with no prejudice to re-file. Mr. MacMartin seconded the
motion. Motion passed unanimously.
Mr.
MacLellan added it was discouraging to buy property that was zoned for a piece
of use and a zoning change takes that use away.
Carol Roberts
notified the Board that DES has granted a hearing for GSC permit for an
additional generator and that hearing will be Thursday, December 15,
The
Board has put in a request for blasting records for the past few months.
John
Shepardson wanted to remind the Board that the GSC current operation gave them
material that would be for 20 years. He wondered if they do not need the
material now why file now.
Spencer
Brookes for the Wilton Conservation Commission was present. The abutters down
steam for along time used land that belongs to Frog Pond. Attorney Will
Sullivan suggested to go before Town Meeting to
inquire about a lot line adjustment. The four abutters will absorb the cost.
The stipulation will be that only single family homes on that land and asking
for conservation land. Talked with Monadnock Survey and
lawyers about the situation.
It has
been permissive use with the Abbots. The Board talked about permissive use
cannot go into adverse possession.
The CC
feels it is hard to manage that piece of land due to its location and this lot
line adjustment prevents excess development on the abutting land.
There
was a ruling on Chalet Susse. The town won the case. Mr. Faiman moved to thank
Brian Sullivan for being an excellent witness in the Chalet Susse case.
Dec.
21 at
Page 3
line 16: engineered changed to engineer
Page 6
line 42: Steve Desmaris name spelled wrong (Desmaris)
VOTE:
Mr. MacMartin moved to approve September minutes. Seconded by
Mr. Faiman. Unanimously approved.
Minutes - October
Page 2
line 32: Bragdon changed to Bragdon
Page 4
lines 29&30: Kadtz changed to Kandt
VOTE: Mr. Sullivan moved to approve the
October minutes as amended. Seconded by Mr. Donovan.
Unanimous approved.
VOTE: Mr. MacMartin move to adjourn at
Respectfully submitted,
Kathleen Humphreys, Secretary