TOWN
OF
PLANNING
BOARD MEETING MINUTES
DRAFT
DATE:
TIME:
PLACE:
PRESENT: Co-Chairman
Brian Sullivan,
ABSENT: Co-Chairman Andrew Fairbanks and Alternate Member
David Holder
OTHERS: Spencer
Brooks,
The AGENDA was
as amended as follows:
4.)
John E. Kukulka –Site Plan Review for Lot F-030-02 on
5.) Scenic
Road Public Hearing - Public Service of New Hampshire (PSNH): Maps G and E -
Trimming and Removal of trees and brush along sections of Kimball Heights Road
and Heald Road to improve reliability of electrical service to customers per
RSA 231.158
6.) Site Plan Review
and
7.) Kris
Picaro –
8.) Subdivision – Dorothy S. McGettigan
Revocable Trust –
9.)
Non-Residential
Site Plan – Burbak Buildings – Lot B-102 on Forest Road in the Industrial,
Acquifer Protection, and 100 year Flood Plain Districts. Applicant is proposing a 2950 SF addition to
the rear of the existing industrial building for manufacturing and warehouse.
10.)
Schedule
for January 2007
11.)
Adjournment
Co-Chairman
Jeff Kandt
explained to the public the use of a projector screen to
visually show the location of properties to help familiarize people with
the applications before the Board.
Alternate
Member William Condra is voting for
1.)
Harold
James Kennedy Subdivision plan of land for
Raymond Shea of Sanford Engineering
appeared before the Board to discuss the above subdivision proposal. He explained the original submission for
three (3) lots has been reduced now to two (2)
lots. An estimated 90,000 cubic yards of
material will be removed as incidental to
construction. The principal reason is
steepness/accessibility. He concluded a
determination needs to be made on how much material
removed is “incidental” to development and when does it become an
excavation? As noted in the Wilton
Ordinance – Removing material from a site or selling for profit is a commercial
use. ExSP 2.02, 2.0.6
The Board asked the grade of the
driveway to the back lot. They also
asked if the driveway could be moved more to the
center, through the existing shed. Ray
explained that maintenance would be a huge issue and retaining walls would be needed on both sides of such a driveway. The Board suggested trying to alleviate
taking out the 90,000 CY of material.
Karl stated it was unreasonable to restrict where to put a house on 12
acres.
Karl Zhan asked the Board to consider
that this is not a “defacto” excavation permit, but rather a property owner
whose father had passed away and left the land to him, thus he wanted in turn
to give it to his children. He noted the this is not a development, but rather one house. He explained the ZBA variance was for removal
of 330,000 CY and this application is removing much less. He further asked why several other
subdivisions in town appear to be excavating that is
“incidental”. The Board asked for
specific locations. Karl noted the
property on the other side of the cemetery, the Peterson property, Abbot Hill
Acres, Pratt Homes off
The Board discussed the amount of fill
normally needed for a septic system. It was asked if the material could be pushed around to create a
flatter buildable lot for the house rather than removing the material from the
site. Karl stated he did not think that
was a feasible solution. The Board
reminded the applicant(s) that not all parcels of land, large or small, are
buildable. They reviewed the language of
the Excavation Site Plan Review Application, specifically Section 2.0
Definitions, 2.0.2 Commercial: Any use
of any earth material for sale or resale on or off site of the excavation
area. In addition, an excavation shall be considered commercial if earth materials are
transported to land other than that from which the earth was excavated. Excavations, which use earth materials in the
process of other material such as, but not limited to, concrete, asphalt and
other building materials shall be considered
commercial.
The Board asked how long the trucks
would need to run to remove the material.
Karl stated approximately one (1) year.
The Board stated the process for such
an application is to either accept the application or deny it so the applicant
can return to the ZBA with this new proposal, or reconfigure the lots now that
the Acquifer Protection District zoning is clear. They discussing at what point would the Town
engineer need to review the plans. It was determined a site walk would be
needed and was scheduled for
The Board inquired if the traffic study
is available from the ZBA. Ray stated he
could get copies of the study for the Board.
Karl also noted the trucks would only be permitted
to make eastbound turns, which means they will not be using
Ray suggested the Board look at the
zoning minutes.
The Board asked if the Road Agent had
any issues with the driveway. Ray stated
there is not a culvert at the entrance and that it had been
widened per the request of the Fire Chief. The Board suggested pitching the driveway
away from the road.
The Board asked for abutter
comments. There were
none.
A
MOTION was made by
Voting: 6 ayes; motion
carried.
Tom Quinn
appeared before the Board to request release of his performance bond for lots
C-099-01 and C-099-02. He explained he
had walked the property two weeks ago with
Matt explained a few minor
issues with erosion. He stated the engineer needs more build
out detail on their plans. The Board
asked how big the area in question is.
Tom stated it was approximately 200 SF and 8 yards of material. He would like to leave the area alone and
wait until construction of a house is underway before disturbing the area. Matt concluded he recommends the town use
this as a learning experience when approving two to one slopes as this
experience has shown that reclamation and stabilization are not only difficult but questionable in their long term effectiveness. This area in question is more of a landscape
issue and Tom agreed to remedy the minor erosion problems during the
construction of the adjacent house.
A MOTION was
made by
Voting: 7 ayes; motion
carried.
The Planning Board is to draft a letter to release to forward
appropriately. Tom thanked the Board for
their time. There was no further
discussion on the matter.
3.) Barrett Mountain LLC – Subdivision plan
of land for
Bill Davidson from Meridian
Engineering presented for Chad Brannon the application for the proposed
subdivision into four (4) industrial lots.
He distributed a copy of the Declaration of Public Easement to the
Chairman for Town Counsel review noting this easement is for the southern most
part of the property. This easement
connects to the two other easements making a total of three
(3) easements with this submission.
Bill explained that Lots E-27-01 and 02 have been
reconfigured, per the request of the Board and that the Department of
Transportation (DOT) has approved the road.
Bill asked the Board how the current easements through the property for
a proposed subdivision was never built can be removed
and how. The Town of
The Board asked for comments
from abutters. There were
none however, Spencer Brooks explained he is now satisfied with the wording of
the easements and looked forward to Town Counsel’s thoughts.
The Board asked for Note 12 to
include wording on the proposed driveways as the Road will want to be accepted
as a town road which therefore, gives the Road Agent
authority over the location of the driveways for the lots.
Bill respectfully asked for
the following waivers:
·
6.3 g – high
intensity soil survey and;
·
Appendix
I 1.3 – dead end streets not exceeding 600 ft.
A MOTION was made by Alex MacMartin and SECONDED by
Voting: 7 ayes; motion carried.
A MOTION was made by Alex MacMartin and SECONDED by
Voting: 7 ayes; motion carried.
Chris respectfully asked for a
continuation to revise the plans.
A MOTION was made by Alec MacMartin and SECONDED by Jeff
Kandt to continue the public hearing to January 17, 2007.
Voting: 4 ayes; motion carried.
There was no further
discussion on the matter.
4.) John E.
Kukulka –Site Plan Review for
Bill Davidson,
The Board stated their concern
with the density of the proposal and the variance intent. They also discussed Sections 7.1A and 7.1B in
the Commercial District - Permitted Uses in the Land Use Laws Zoning
Ordinances.
Mike Rodgers, an abutter to
the proposed subdivision stated their presentation to the Zoning Board of
Adjustment when they received their variance gave the impression that these
lots were single family residential lots. Attorney Peter
The Board stated they did not
agree that lot coverage defines density but rather the use. This residential use does not meet
requirements. Density in a commercial
zone limits use, which his too large for this lot size.
The Board discussed a cluster
development approach and asked if the multi-family units are condominiums or
apartments. Bill stated he did not know.
The Board could not reach
consensus on whether to accept the plan or not.
A MOTION was made by Alex MacMartin and SECONDED by
Voting: 6 ayes; motion carried.
Alex MacMartin offered to contact
Town Counsel to discuss density. There
was no further discussion on the matter.
5.) Scenic
Road Public Hearing - Public Service of New Hampshire (PSNH): Maps G and E -
Trimming and Removal of trees and brush along sections of Kimball Heights Road
and Heald Road to improve reliability of electrical service to customers per
RSA 231.158
Co-Chair
David Crane, Arborist and
Preventive Maintenance Coordinator for PSNH explained the cutting/trimming that
would be happening along
The vendor selected for the service is
Asplundh Tree Expert Company.
Abutter Leslie Tallarico,
379
A MOTION was made by
Voting: 7 ayes; motion
carried.
There was no further discussion on the
matter.
6.) Change
of Use –
A MOTION was made by
Voting: 7 ayes; motion carried.
Robin distributed a picture of
her sign.
A MOTION was made by
Voting: 7 ayes; motion carried.
Robin thanked the Board for
their time. There was no further
discussion on the matter.
Alex MacMartin stepped down as a voting member at
7.) Sign Application – Kris Picaro –
Selectmen Representative
Kris appeared before the Board
with a sign application for his Business, KP’s Automotive, which is located
where the J&D Towing is on
The Board reminded
him that if he uses the lighting for his sign, it needs
to be downcast. Kris agreed.
A MOTION was made by
Voting: 6 ayes; motion carried.
Kris thanked the Board for their time.
There was no further discussion on the matter.
Alex MacMartin returned to the Board at
8.) Subdivision – Dorothy S. McGettigan
Revocable Trust –
Robert Todd appeared before
the Board and explained his proposed subdivision of Lot F-102 into four (4)
lots; three (3) new lots. An access easement for
The Board noted encroachment
on the parking easement.
Robert also explained that due
to the nature of the subdivision he would be requesting several waivers, as he
was fairly certain this land would never be
developed. It has been in the McGettigan
family for over 100 years and would remain in the family with brothers and
sisters taking the three new lots and existing home.
The Board stated
they need to speak with Town Counsel in regards to the
number of waivers.
Robert respectfully asked for
a continuance.
A MOTION was made by Alex MacMartin and SECONDED by
Bob thanked the Board for
their time. There was no further
discussion on the matter.
9.) Non-Residential Site Plan – Burbak
Buildings – Lot B-102 on Forest Road in the Industrial, Acquifer Protection,
and 100 year Flood Plain Districts.
Applicant is proposing a 2950 SF addition to the rear of the existing
industrial building for manufacturing and warehouse.
Jerry Greene and
The Board asked for a written
letter of support by the Fire Chief.
A MOTION was made by
Voting: 7 ayes; motion carried.
The Board asked for a note on
lighting to be included and the typographical error on Page 3 to be fixed.
A MOTION was made by
-
Fire Chief written approval
-
Note on Plan Lighting needs to be downcast
-
A siltation fence must be installed prior to the start of
construction
Voting: 7 ayes; motion carried.
There was no further
discussion on the matter.
10.)
Schedule for January 2007
Due to the large agenda of tonite’s meeting, hearings that have not
been heard have been scheduled for
11.) Adjournment
A
MOTION was made by Jeff Kandt and SECONDED by
Voting: 7 ayes; motion
carried.
Minutes respectfully submitted by: