Members present: Alec MacMartin, Alt.
David Holder, Neil Faiman, Chairman Brian Sullivan, Jeff Kandt, Matt Fish and
NRPC Rep. Steve Wagner. David Holder will sit on the Board for Mr. Fairbank who
arrived late and took his place.
Chairman Sullivan recognized former
Chairman Matt Fish for outstanding service as chairman. “I’m sorry to see him go”, commented Mr.
Sullivan.
Minutes
for
Page 2 – last topic
VOTE:
Mr. Fish made a motion to approve the minutes of
Patrick
Kenney, lot F-136 - Sugarhouse
Mr. Kenney was not present yet. The Board debated if a sugarhouse needed a
site plan review. Permitted retail sales
are exempt from site plan review. Mr.
Wagner felt it was more of a home occupation and question if this is exempt
from review. It is agricultural and
retail sales. RSA stated that farm stands as long as what they are selling as
35% on site is not stated as a business.
674:32-b New Establishment was read.
The topic will be continued when Mr. Kenney arrives.
CONTINUED CASES
New Spartan Properties,
LLC (Riverwalk)
Lots
F-122, F-123, M-59
Dawn Tuomala was present.
Ms. Tuomala presented legal documents
for review for Attorney Little and a copy for the Board. (See file).
She also has the documents ready to go
for engineering review but Mr. Quinn wants to revisit a swale from one side.
They are working with the Sewer and Water Commission and have not got their
views back yet.
VOTE:
Mr. MacMartin made a motion to send the documents for legal review to Attorney
Little. Mr. Faiman seconded the
motion. Motion passed.
VOTE:
Mr. MacMartin made a motion to continue to June 21, 2006. Mr. Faiman seconded the motion. Motion passed.
SIGN
APPLICATIONS
Olivia Clares
NaturalSoy Candles – J-63 at
Owner George Argondizza was present
and landlord Joan Lemire.
The sign is above the two windows that
they are renting. The second unit that
they use to rent is being released so the square footage needs to be revisited. The sign is 22 feet long x 16 inches high and
is a canopy.
VOTE:
Mr. MacMartin made a motion to approve the sign application for Olivia Clares
Natural Soy Candles at
FROG
POND CONSERVATION AREA -
The sign will be a medal state style sign
with no lighting.
VOTE:
Mr. MacMartin made a motion to approve the sign application. Mr. Faiman seconded the motion. Motion passed unanimously.
David
Holder is off the Board and is replaced by Andrew Fairbank.
NEW
APPLICATIONS
John
E. Jordan and Linda Bravo and Keith Frokley Lot J-84
J-85 is owned by Mr. Frokley
The lots are partially in aquifer
district but not in the 100 year flood plain.
The lots sizes will stay the same after
the lot line adjustment.
They received a variance from the ZBA,
17-1-C, 16.2.3, 16.2.4, granted on
The 10.5 feet taken out of one of the
lots puts their driveway on the correct lot. It is not in the residencial district. The setbacks are behind the buildings now. The surveyors put three courses of distance
back that are missing, 1 on A & 2 on B.
Mr. Faiman walked the bounds. No abutters were present with comments.
Waivers:
Subdivision regulations items: 6.2d, 6.2e,
6.3 c, d, f, g and j.
VOTE:
Mr. MacMartin made a motion to grant the waivers as recommended. Mr. Faiman seconded the motion. Motion passed.
VOTE:
Mr. MacMartin made a motion to accept the plan.
Mr. Faiman seconded the motion. Motion passed. Chairman Sullivan abstained.
VOTE:
Mr. MacMartin made a motion to approve the plan subject to three courses in
distances that were omitted to the plan be added along the former lot
line. Mr. Faiman seconded the
motion. Motion passed unanimously.
NRPC will contact Carla Walter for the
fees and will email Ms. Tuomala.
Recording is $26 and Ms. Tuomala will pay
the fees tomorrow.
John
E. Kukulka - Jr. Lot F-30
Two
lot subdivision
Bill Davidson from Meridian Land
Services represented John and Heidi Kukulka.
The area is 1.66 acres. The zone line is about the center of the property
for commercial and residential districts. (Rt. 101 side is commercial)
They propose to subdivide the lot but to
have both lots access from
See file for letters from the Water and
Sewer Department and the Fire Chief.
1.
Water & Sewer Dept. signed by Charles
McGettigan, Jr. dated
2.
Letter from Fire Chief Ray Dick dated
According to Mr. Davidson there are no
wetlands on the site and the drainage comes from west to east through the property. It is in the aquifer protection and not in
100 year flood zone.
Note 13 addresses some of Mr. Faiman’s concerns.
Board’s requests:
The applicant to follow up with the BOS
regarding off site road improvements.
Add a note that the home will be slab
foundations.
Add a note laying out where the culvert
will be
There is a proposed utility easement on
F-31-1 to have access to the back lot. See file for easement language for town
attorney to review from Attorney Will Sullivan.
On April 11, 2006 the ZBA granted a variance; 7.2.4 to permitted
subdivision of lot F-30 into two lots, both which will take access from
Intervale Road even though one lot is using frontage from Rt. 101. (see below)
Notice
of Decision
You are hereby informed that the
application by John E. Kukulka, Jr. for a variance to section 7.2.4 of the
Wilton Zoning Ordinance has been granted. The variance will permit the
subdivision of Lot F–30,
·
No access from
·
Driveway construction and grading is not to
adversely affect drainage to or from adjoining properties.
·
Access to both lots is to be by a single shared
driveway to a single point of access on
·
The placement of the access easement and the
easement language must be approved by the Planning Board as part of their
review of the proposed subdivision.
This decision shall expire if the
construction or use permitted by it has not begun by
The selectmen, any party to the action
or proceedings, or any person directly affected thereby may apply for a
rehearing of this decision. A request for a rehearing must be filed in writing
with the Zoning Board of Adjustment on or before
Neil
Faiman, Chairperson
Case
#4/11/06–1, decided
VOTE:
Mr. MacMartin made a vote to accept the plan.
Mr. Faiman seconded the motion. Motion
passed unanimously.
Mr. Sullivan will walk the bounds once
they are set. No abutters had comments.
VOTE:
Mr. MacMartin made a motion to continue to June 21, 2006. Mr. Faiman seconded the motion. Motion passed unanimously.
Kundalini
Yoga Studio & Art Gallery –
Change
of use
No one was present. The secretary was later informed there was a
death in the family on May 17 and they will attend the June meeting.
West
View Farm
Ms. Tuomala was out of the room so case
will be moved down on the agenda.
PRE
APPLICATIONS
Danny
Ireland –
Subdivision
Mr.
It was recommended to start with the ZBA
website then contact Mr. Faiman if he has more questions. Mr.
NEW
APPLICATIONS
West
View Farms - Lots B-20, B-70 and B-70-1
13-lot
cluster subdivision and a five-lot conventional subdivision.
Ms. Tuomala and Steve Desmaris were
present.
The property is 162 acres in the northeast
portion of town that
The applicant would like to do a lot
line adjustment with Scott Pederson’s house, and then do a conventional subdivision
of the existing Holt farmhouse.
Ms. Tuomala inquired about the
calculations for conventional subdivision.
162 acres now show 81 acres of open
space. The Conservation Commission has an
interest in obtaining the 81 acres and of that land 21 acres are wetlands and
60 acres is dry land. That leaves 51 acres
and the applicant would like to do a 13 lot subdivision. The hammerhead road configuration is currently
shown on the plan and it is about 750 feet which exceeds 600 feet and would
require a waiver. They won’t request any
bonuses. There is one wetlands crossing.
The Road Agent has done a preliminary
driveway review.
Discussed the process and suggested to phase
in the project and have the conventional subdivision as separate application. The Board seemed okay with this but would
like to address all the issues concurrently.
Discussed how to number the lots. There are duplicate lots B-70-1 and Ms.
Tuomala is not sure what to call the cluster, which is B-20. B-70-4 is missing from the plan so it has to
be renumbered. The number system is NOT
changing.
There may be a road or path on Lot
B-23-3, owned by the Town of
Ruth Whatmough,
She wanted to know how far houses will
be away from her property lines and two lines abut her property. She was informed the building envelopes have
not been set yet but the setbacks are 35 feet.
Developer Steve Desmaris said that they typically
would choose to locate the house in the middle of a lot like that or in a flat
area and they would not intentionally go to the back of the lot. It may change if the town does not buy the
conservation lot.
Douglas Rupert,
He asked if the whole concept to stand
independently and the answer was not if it was part of a cluster.
The issue of the open space being sold
was under discussion and how it effects the cluster subdivision. The issue will be forwarded to the town counsel.
Greg Bensmiller, Keegan’s Way. Is this
going to be approved as an all or nothing? Does the conservation land
calculations get redone if all five lots are approved and the others are not? Lynne Draper discussed the process of the
terms of the bond and that there would be a special meeting to discuss if the
town will purchase the land.
The Board asked if the proposal of the
cluster is contingent of purchasing half of the conservation land at full
value. Mr. Demaris said there is
somewhere between 30-35 lots and proposing half the lots.
The concept of cluster is a trade-off;
is gives developer certain things for developing the property then sets aside a
portion, that is owned by the landowners, not to be developed. The opened land of a cluster is not to be
sold off because it is not a cluster development with 88 acres but now a
subdivision with a cluster and the land sold off. Mr. Demaris thinks the open cluster subdivision
needs to be revisited and that most towns have the lot sizes at 1.5 acre or
1.25 acre lot sizes and
Tracey Bensmiller, Keegan’s Way. Wondered
about the open space that would be.
There is a sharp drop off in that area.
She is also concerned about parking for the open space. Lynne Draper said that they usually only have
2-3 parking spots but Mrs. Bensmiller didn’t want a parking lot across from her
house and wondered if they would park on the road and how would that be
regulated.
Greg Bensmiller wondered about the
impact of 18 homes on the school system which is reaching maximum capacity.
Don Slowik – Liked the idea of
conservation land to keep the land valuable and reduce the impact but concern
is light pollution and would like to reduce upwards pollution. He was told there is a full cut off ordinance
so no light goes above the horizon. Mr. Demaris
said that they would not put street lights.
The ordinance does not regulate homes.
The issue of underground utilities was
addressed. The neighbors from abutting
areas say they are happy with underground utilities and the way it looks.
Ms. Tuomala will update the plans and
bring a set to
Kim Stevens of
VOTE:
Mr. MacMartin made a motion to continue to next month. Mr. Faiman seconded the motion. Motion passed.
PRE-APPLICATION
Patrick
and Sarah Kenney –
Sugarhouse
As a hobby Mr. Kenney would like to
build an 18x22 ft. sugarhouse to make maple syrup and he would like to sell a
few bottles. He may have a sign on the
road and a farm stand but won’t have customers come to the house.
It was suggested to apply for the
building permit and build the sugarhouse then come back to the Board to address
a home occupation. Agriculture is well
protected in the state but the Board would get concerned with it as a business.
OTHER
BUSINESS
Steve Wagner handed out TCSP draft and
asked Board members to review and mark it up then return the forms to
Thanks to
Lynne Draper of the Conservation
Commission sent a memo regarding a 97 home subdivision in
Put
this on the next meeting agenda for a vote.
Ms. Draper gave a brief synopsis about
the road and how it might impact
The town was CC by Souhegan River Local
Advisory Committee. to DES regarding more sediment into the river by Pike
Industries. Dated
Letter from NRPC dated
Leighton White asked Matt Fish and Brian
Sullivan to revisit the site to see how the piles look. Matt Fish said that he would report back
requested other members to feel free to visit the site.
Technical Subcommittee reported that they
made progress at their first meeting and gave an update.
VOTE:
Mr. MacMartin made a motion to adjourn. Mr.
Fish seconded the motion. Motion passed.
Respectfully submitted,
Kathleen Humphreys
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