The AGENDA was amended as follows:
1.) Nashua Regional Planning Commission (NRPC) – Transportation, Community
and Systems Preservation Program (TCSP) Presentation
2.) Minutes of May 17, 2006 and June 21, 2006
3.) Riverwalk Cluster Subdivision – Lots F-122, F-121-3, M-59
4.) Kukulka Subdivision – Lot F-30
5.) Kundalini Yoga Studio – Change of Use Site Plan - Lot J-50
6.) West View Farms, LLC – Lots B-20, B-70, B-70-1
7.) Town of Wilton Lot Line Adjustment – H-056, F-097, F-096
8.) Schwab Subdivision – Lot F-149-01
9.) Griffin – Minor Site Plan – J-033
10.) Andy’s Summer Playhouse – Sign Application
11.) Wilton Tennis Club – Sign Application
12.) Jerry Walter Greene Rev Trust – Lot Line Adjustment – Lot B-102
13.) Bergeron Subdivision – Lot C-034
14.) Preapplication – New England Forestry Foundation
15.) Leighton White – Renewal of Excavation Permit Lot E-017
16.) Zoning Updates
17.) Adjournment
Co-Chairman Brian Sullivan called the meeting to order at 7:08 p.m.
1.) Nashua Regional Planning Commission (NRPC) – Transportation, Community and Systems Preservation Program (TCSP) Presentation
Mr. Matt Waikins appeared before the Board along with NRPC’s Senior
Transportation Planner Ms. Camille Pattison to give a presentation on a
report intended to integrate transportation and land use planning in order
to enhance the community’s transportation and ensure an effective and efficient
transportation system that works successfully in the future. The
study was comprised of Amherst, Milford and Wilton. Copies of the
complete study are available through NRPC. There were no comments
from the public. The Board thanked NRPC for their time. There
was no further discussion on the matter.
2.) Minutes of May 17, 2006 and June 21, 2006
May 17, 2006:
a.) Page 1 Line 6: Add “Alternate” in front of David
b.) Page 1 Line 7: Delete “who arrived late and took his place”
c.) Page 2 Line 14: Correct “medal” to metal”
d.) Page 5 Line 9: Correct “Boarder’s” to “borders”
e.) Page 6 Line 10: Replace “is” with “was” and “of” to “on”
f.) Page 6 Line 14: Replace “is” with “to” and “gives” to “give
the”
A MOTION was made by Alex MacMartin and SECONDED by Jeff Kandt to approve
the minutes of May 17, 2006 as amended
Voting: 5 ayes; 1 abstention – motion carried
June 21, 2006:
a.) Page 1 Line 8: Add “MAY 3, 2006 WORK SESSION” to “MINUTES”
b.) Page 1 Line 25: Insert “from” in between “that sheets”
c.) Page 2 Line 2: Add “width” after “road”
d.) Page 2 Line 9: Add “Appendix I – Roads” before “1-5 needs”
e.) Page 2 Line 16: Replace “shoreline” with “shoreland”
f.) Page 2 Line 35: Replace “set” with “sent”
g.) Page 3 Line 8: Replace “road” with “offsite”
h.) Page 3 Line 25: Replace “Bill” with “Will”
i.) Page 3 Line 35: Replace “feel” with “find that”
j.) Page 4 Line 4: Replace “tracks” with “tracts”
k.) Page 4 Line 7: Replace “tracks” with “tracts”
l.) Page 4 Line 12: Replace “feet” with “foot”
m.) Page 5 Line 15: Replace “PBC” with “PVC”
n.) Page 5 Line 47: Replace “on” with “off”
o.) Page 6 Line 17: Replace “property” with “snowmobile easement”
p.) Page 6 Line 17: Add, “to the new road edge” after “exist.”
q.) Page 6 Line 36: Delete “road”
r.) Page 6 Line 36: Replace “Signed” with “signed”
s.) Page 6 Line 46: Replace “as to what happened to the” with
“its status as a”
t.) Page 6 Line 46: Add “effective at the 2005 meeting” after “road.”
u.) Page 7 Line 4: Replace “stonewall” with “stone walls”
v.) Page 7 Line 34: Replace “stone walls” with “boundary walls”
w.) Page 7 Line 35: Delete “the exterior”.
x.) Page 7 Line 36: Replace “are actually at a house up the street”
with “of the stones have been removed and are actually at a property up
the street.”
y.) Page 7 Line 42: Replace “”referrence” with “reference”
A MOTION was made by Alex MacMartin and SECONDED by Andrew Fairbank
to approve the minutes of June 21, 2006 as amended.
Voting: 6 ayes; motion carried.
Selectmen Dan Donovan stepped down from the Board at 7:50 p.m. Alternate member William Condra is the replacement.
3.) Riverwalk Cluster Subdivision – Lots F-122, F-121-3, M-59
New Spartan Properties
Ms. Dawn Tuomala and Mr. Tom Quinn appeared before the Board to review the status the above noted project. The Board inquired if a sign will be needed for the development. Tom replied that he did not believe they would be requiring a sign but if they did, they would go through the process for a sign permit.
Dawn distributed letters from the Board of Selectmen and Road Agent regarding the request for the road to be 20’ pavement with 4’ shoulders and a 24’ hammerhead at the end of the proposed road. Dawn also delivered supporting documentation from the Fire Chief with regard to access and adequate water supply and Town Counsel’s review of the Attorney Will Sullivan’s corrections.
A MOTION was made by Alex MacMartin and SECONDED by Neil Faiman to accept
the 20’ pavement with 4’ shoulders and a 24’ hammerhead at the end of the
proposed road.
Voting: 6 ayes; motion carried.
Dawn requested the requirement of 4” loam coverage be reduced to 3”. The Board and Steve Wagner discussed 4” of loam around the base area of the house locations but having 3” outside the location of houses.
A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to have
4” loam coverage around the base of the houses only and 3” for remaining
area.
Voting: 6 ayes; motion carried
Dawn asked the Board to explain the bond process. The Board explained typically that in order to receive occupancy permits for the houses the road must be constructed through the finish coat. Tom asked if half the road could have the binder coat and build a few homes by Proctor Road with a hammerhead turnaround would be acceptable. The Board said a temporary hammerhead might be required and Steve Wagner stated that drainage needed to be functional for any homes receiving a C.O. The Board will generate a draft estimate through the town engineer when the plans are more finalized. Tom and Dawn will speak with LaBombard Engineering about options. Dawn confirmed that the conservation easement has been changed to a trail easement.
A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue
to the August 16, 2006 meeting.
Voting: 6 ayes; motion carried.
Dawn and Tom thanked the Board for their time. There was no further discussion on the matter.
Dan Donovan returned to the Board as a voting member at 8:15 p.m.
4.) Kukulka Subdivision – Lot F-30
John Kukulka, Jr.
Mr. Bill Davidson, Meridian Land Services, Inc. appeared before the Board for the above noted subdivision. He noted the plan had been accepted on 5/17/06, all revisions have been made on the engineered plans, documents have been reviewed, updated and approved through Town Counsel. Co-Chairman Brian Sullivan stated there was no copy of the legal document referenced in Town Counsel Silas Little’s letter so he could not be certain that the document referenced in the correspondence was indeed the same ones physically before the Board. Mr. Davidson agreed that this needs to be clarified.
The Board asked Mr. Kukulka, Jr., if he would be willing to relocate a shed on the Southeast corner of property that is within the setback. Mr. Davidson noted the shed is currently in the commercial district and to make sure they move it out of the setback for that particular district. Mr. Kukulka, Jr., offered to move the shed on Thursday, July 20, 2006.
Steve Wagner requested an electronic copy of the final plan for updating the Tax Map as a condition of approval. Mr. Davidson agreed.
Fees for NRPC $137.50
Fees for HCRD $26.00 plan, $20.00 easement?
A MOTION was made by Alec MacMartin and SECONDED by Dan Donovan to accept
FILE: 6954301A for Project No. 06954.00 “Subdivision Plan of Land John
E. Kukulka, Jr. Tax Map F Lot 30, dated March 15, 2006 and signed by the
owner on July 19, 2006 by Meridian Land Services, Inc. subsequent to verification
of legal language, relocation of the shed, electronic copy equivalent of
a line drawing and fees are generated and paid in full.
Voting: 6 ayes; motion carried.
Mr. Davidson thanked the Board for their time. There was no further
discussion on the matter.
5.) Kundalini Yoga Studio – Change of Use Site Plan - Lot J-50
Susan Brown
Ms. Susan Brown appeared before the Board to discuss the pending Site Plan and Sign Application. She explained that she has yet to get written approval from the Fire Chief but has left two messages and is having difficulty obtaining one. However, all other items have been addressed and clarified.
A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to accept
the Change of Use Site Plan
Voting: 6 ayes; motion carried.
Ms. Brown asked if the sign application could be approved. The Board would like to have the Fire Chief’s documentation before they approve the sign and denied the request.
A MOTION was made by Alec MacMartin and SECONDED by Andrew Fairbank
to continue the meeting to August 16, 2006.
Voting: 6 ayes; motion carried.
Ms. Brown thanked the Board for their time. There was no further discussion on the matter.
6.) West View Farms, LLC – Lots B-20, B-70, B-70-1
J & B Realty Adventures
Dawn Tuomala appeared before the Board to request a continuation in order to review correspondence from Town Counsel.
A MOTION was made by Alec MacMartin and SECONDED by Dan Donovan to continue
to August 16, 2006 meeting.
Voting: 6 ayes; motion carried.
There was no further discussion on the matter.
Selectmen Dan Donovan stepped down from the Board at 8:40 p.m. Alternate member William Condra is the replacement.
7.) Town of Wilton Lot Line Adjustment – H-056, F-097, F-096
Charles O. McGettigan Rev Trust, Jane K. Farrell
Ms. Jane Farrell appeared before the Board to discuss the above noted
project. She offered deeds dated July 19, 2006 and explained that
Town Counsel cannot review the documents until Attorney Little returns
from vacation. Therefore, Jane requested a continuance.
A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue
to August 16, 2006.
Voting: 6 ayes; motion carried.
Ms. Farrell thanked the Board for their time. There was no further discussion on the matter.
Selectmen Dan Donovan returned to the Board at 8:45 p.m.
8.) Schwab Subdivision – Lot F-149-01
Richard E. Schwab, Rebecca L. Schwab
Dawn Tuomala and Mr. Schwab appeared before the Board to discuss the above noted project. It was confirmed the bounds had been walked and all conditions have been met.
Fees Paid:
• NRPC Fees $82.50 Check No. 1112 Rebecca L. Schwab, Richard E. Schwab
dated 7/19/06
• HCRD Fees $26.00 Check No. 1113 Rebecca L. Schwab, Richard E. Schwab
dated 7/19/06
A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to approve
Subdivision Plan of Land for Lot F-149-1 Richard E. Schwab, Rebecca L.
Schwab by Monadnock Survey, Inc., dated 5/26/06 and signed by the Planning
Board on 7/19/06.
Voting: 6 ayes; motion carried.
Mr. Schwab thanked the Board for their time. There was no further discussion on the matter.
9.) Griffin – Minor Site Plan – J-033
Richard A. Griffin, Pamela J. Griffin
Mr. Neil Faiman noted this applicant has received a variance from the Board of Adjustment however, he would like to remain on the Board. It was agreed he did not have to step down.
Mr. Richard Griffin and Ms. Dawn Tuomala of Modnadnock Survey, Inc.
appeared before the Board to explain his updates on his request for a change
from a single family dwelling to a two-family dwelling. He noted
that he has prepared detailed plans. He distributed copies from the
Fire Chief and Water and Sewer Commissions stating their satisfaction with
the proposed changes.
Mr. Griffin explained that he has created a 3rd story fire escape that will give access to the rooms on the 3rd floor creating two methods of egresses. The Board asked if the plans shown had one tenant entering the other dwelling in order to get to the fire escape. Mr. Griffin agreed that they do have to enter the other dwelling but the Fire Chief was ok with this plan. The Board stated their dissatisfaction and asked Mr. Griffin to work with the Building Inspector and Fire Chief to obtain a better plan. Mr. Griffin agreed. Alternate and Building Inspector Bill Condra inquired when Mr. Griffin described a “dead space” with no accessibility existing in the structure. Mr. Condra felt that is a code violation and must be addressed. It wil be addressed with the fire escape resolution. There would be no outside lighting planned and the fire escape will not be in the setback.
A MOTION was made by Alex MacMartin and SECONDED by Dan Donovan to continue
to August 16, 2006.
Voting: 6 ayes; motion carried.
Mr. Griffin thanked the Board for their time. There was no further discussion on the matter.
10.) Andy’s Summer Playhouse – Sign Application
William Goddard
Ms. Sally Bomer of Andy’s Summer Playhouse appeared before the Board to seek approval for an off-site sign for directions to the Playhouse. She obtained a letter from the property owner, William and Marilyn Goddard, 86 Wilton Center Road, where the sign would be located, approximately ¼ mile from the Playhouse. The Board explained that off-site signs are not permitted as proposed, as stated in Section 16.1.h-1 of the Land Use Law and Regulations (Page A-72). The Board suggested either going to the Board of Adjustment for a variance, or Selectmen’s representative Dan Donovan recommended speaking to the Selectmen regarding having the Town (Road Agent) place a sign on the abutting town owned property because the Town may install directory signs. The Board asked Ms. Bomer to obtain a letter from the Goddard’s giving their permission and support for the location of the directory sign adjacent to their property on Town land. Ms. Bomer agreed.
A MOTION was made by Alec MacMartin and SECONDED by Dan Donovan to deny
the sign application.
Voting: 7 ayes; motion carried.
There was no further discussion on the matter.
Co-Chairman Brian Sullivan left the meeting at 9:28 p.m. Co-Chairman Andrew Fairbank assumed his role of Co-Chairman and Alternate David Holder became a voting member.
11.) Wilton Tennis Club – Sign Application
Jane Farrell/Clark Logan
Ms. Jane Farrell appeared before the Board to seek approval for a sign approximately 20-25 feet from the driveway entrance to the Wilton Tennis Club. Ms. Farrell explained the sign is a bit over 5 SF. The Board stated their regulations only allow up to 4 SF for a sign. Ms. Farrell agreed to revise the sign.
A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue
to August 16, 2006.
Voting: 6 ayes; motion carried.
12.) Jerry Walter Greene Rev Trust – Lot Line Adjustment – Lot B-102
Jerry Walter Greene/New Spartan Properties, LLC
PUBLIC HEARING OPENED AT 9:50 P.M.
Dawn Tuomala appeared before the Board to discuss the above noted lot line adjustment. She provided documents from owners, Tom Quinn and Jerry Greene allowing her to speak in their behalf. She explained that Lot B-104 is currently 17+/- acres and they would like to transfer 3.093 acres to Lot B-102, thus making B-102 a total of 6.15 acres and B-104 13.91 acres. Dawn explained that she did not survey all of Lot B-104 but had taken information from Plan No. 7490 recorded in the HCRD May 1974.
The Board inquired as to the reason for this plan. Ms. Tuomala stated that the site is maxed out fo development and the applicant, at some future time, may add an addition to house a sprinkler system for the facility. Additional land is required to allow this expansion. The Board requested adding the flood plain area to the entire plan and to note the well on Lot B-102 is not a public water source. Ms. Tuomala agreed.
The following waivers were requested:
6.2.e Abutting Property Location – The location of existing septic system
leach fields within 100 feet of property lines. - waived
6.3.c Area of wet and dry for the proposed lots – waived
6.3.d Existing and proposed topography for the entire parcel with contour
interval not to exceed 5 feet – not waived
6.3.f Soil types and locations of soil boundaries as certified by a
registered engineer, certified soil scientist or the Soil Conservation
Service – waived.
6.3.g (and 9.2 High Intensity Soil Surveys) A high intensity
soil survey for the entire parcel for major subdivisions – not waived.
6.3.o The Location of the 4,000 square foot septic reserve area and
test pit information for each lot – not waived.
6.3.j The location of existing water, sewer and drainage systems – not
waived.
6.3.n The locations of protection wall radii – not waived.
A MOTION was made by Neil Faiman and SECONDED by Alex MacMartin to the
above noted waivers.
Voting: 5 ayes; 1 abstention; motion carried.
A MOTION was made by Alec MacMartin and SECONDED by Dan Donovan to accept
Lot Line Adjustment Plan of Land Lot B-102 Jerry Walter Greene Revocable
Trust and Lot B-104 New Spartan Properties, LLC, dated 6/27/06.
Voting: 6 ayes; motion carried.
The Board asked for comments from the public; there were none.
A MOTION was made by Alex MacMartin and SECONDED by Dan Donovan to continue
to 8/16/06.
Voting: 6 ayes; motion carried.
Dawn thanked the Board for their time. There was no further discussion on the matter.
The Public Hearing was continued at 10:00 p.m. to August 16, 2006.
13.) Bergeron Subdivision – Lot C-034
Priscilla J. Bergeron
Dawn Tuomala appeared before the Board with Priscilla Bergeron to explain her subdivision application.
Ms. Bergeron explained that she would like to divide the 25.228-acre parcel into two lots (H-034-01 13.146 acres and H-034-02 12.054 acres) for her daughters. She further explained that they would not be constructing homes in the near future.
A waiver for Section 6.3g (HISS) was deferred. A waiver for Section 6.3.f was deleted.
The Board stressed their concern with a wetland crossing and if construction
didn’t start within two years, the wetlands application would expire.
It was discussed if wording the language on the plan that if a crossing
was required they must use the back building envelope for Lot C-034-02.
Mrs. Bergeron stated her desire to use the front building envelope due
the second larger tract being so far away and the cost of a very long driveway.
Steve Wagner suggested adjusting the lot line to create a larger building
envelope to the front. No wetland crossing would be needed. Dawn
and Priscilla agreed to work on alternatives. Dawn concluded that
the Fire Chief had approved the project and they were working with Attorney
Will Sullivan and Town Counsel to approve the utility easements.
A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue
to August 16, 2006.
Voting: 6 ayes; motion carried.
There was no further discussion on the matter.
14.) Pre-application – New England Forestry Foundation
No representation. Steve Wagner has been communicating with the Foundation about appearing in August 2006. They have two parcels abutting and need to adjust the common boundary to allow access. There was no further information available.
15.) Leighton White – Renewal of Excavation Permit Lot E-017
Mr. Jeff Kandt explained to the Board that Matt Fish was in touch with him as he could not make the meeting and suggested the Board make a motion to approve the renewal of Lot E-017.
A MOTION was made by Jeff Kandt and SECONDED by Dan Donovan to approve
the Renewal of Excavation Permit for Lot E-017.
Voting: 6 ayes; motion carried.
There was no further discussion on the matter.
16.) Zoning Updates
Steve Wagner explained the Capital Improvement Plan (CIP) needs to be
started and recommended regulation and zoning changes should be acted on
soon. The Board scheduled a work session for August 30, 2006 at 7:30
PM.
17.) Adjournment
A MOTION was made by Alex MacMartin and SECONDED by Dan Donovan to adjourn
the meeting at 10:32 p.m.
Voting: 6 ayes; motion carried.
DRAFT AGENDA
AUGUST 16, 2006
1.) Minutes of July 19, 2006
2.) Riverwalk Cluster Subdivision – Lots F-122, F-121-3, M-59
3.) Kundalini Yoga Studio – Change of Use Site Plan - Lot J-50
4.) West View Farms, LLC – Lots B-20, B-70, B-70-1
5.) Town of Wilton Lot Line Adjustment – H-056, F-097, F-096
6.) Griffin – Minor Site Plan – J-033
7.) Wilton Tennis Club – Sign Application
8.) Jerry Walter Greene Rev Trust – Lot Line Adjustment – Lot B-102
9.) Bergeron Subdivision – Lot C-034
10.) New Spartan Properties, LLC – Lots E-022, E-030, E-31, E-032 Excavation
Renewal
11.) Preapplications
12.) Other Business
13.) Adjournment
Note: New Spartan Properties has requested that Permit E22303132-04 for the above noted lots be put on the Agenda for August. Brian and Tom Quinn need to walk the site prior to the meeting.
Minutes respectfully submitted by:
Carla J. Walter