TOWN OF WILTON

PLANNING BOARD MEETING MINUTES

DRAFT

DATE: September 20, 2006

TIME: 7:30 P.M.

PLACE: Wilton Town Hall Courtroom

PRESENT: Co-Chairman Brian Sullivan, Co-Chairman Andrew Fairbank, Neil Faiman, Jeff Kandt, Selectmen’s Rep. Dan Donovan, Alternate Member David Holder, Secretary Carla Walter and NRPC Rep. Steve Wagner

ABSENT: Alec MacMartin, Matt Fish, Alternate Member William Condra

OTHERS: Jessie Salisbury, Spencer Brooks, Lynne Draper, Jane Bergeron, Dawn Tuomala, Lynn Lorrey, Anne Jasper, Nikki Andrews, Joseph Mazerall and others.

The AGENDA was as follows:

1.) Granite State Concrete – Blasting procedure

2.) West View Farms, LLC Subdivision – Lots B-20, B-70, B-70-1

3.) Bergeron Subdivision – Lot C-034

4.) David Lage – Lot Line Adjustment -- Lot B-21-6, 21-7, 21-8

5.) Pre-applications

A.) Barrett Mountain LLC/Meridian Engineering -- E-027-01 Commercial/Industrial Subdivision Proposal

B.) John Kukulka, Jr/Meridian Engineering -- F-030

Multi-Family Proposal

C.) Paul K – Lot F-021 417 Gibbons Highway

Business Proposal

6.) Minutes of August 16^th, 2006

7.) Other Business

8.) Adjournment

Co-Chairman Brian Sullivan called the meeting to order at 7:30 p.m.

1.) Granite State Concrete – Blasting Procedure

Jeff Kandt stepped down from the Board. Alternate Member David Holder is voting.

Co-Chairman Brian Sullivan welcomed several attendees to the meeting to discuss written complaints regarding the blasting done by Granite State Concrete. He read into record correspondence dated September 13, 2006 from Granite State’s Attorney Ari B. Pollack (on file in the town hall with original copy of minutes) explaining their reasons for not attending the meeting as requested.

In Granite States absence, the Board agreed to gather input from the complainants and public in attendance and Steve Wagner and Dan Donovan suggested the Board forward the letter to Town Counsel asking their input on legal issues and how best to proceed. Selectman Donovan questions if Attorney Pollack’s statement that Granite State’s existing site is exempt from local permitting and regulations per RSA 155-E:2. Furthermore, there is a question whether their claim that they comply with all state and federal regulations.

Brian asked for comments from the public, allowing 15 minutes for comment.

Selectmen Representative Dan Donovan stated a member of the Planning Board, who has historically stepped down from the Board on the Granite State case, had witnessed a blast in August that was reportedly louder then usual with a large dust plume.

Lynn Lorrey, 48 Curtis Farm Road states this summer the blasting has been “off the charts” and that windows rattle in her home. She is a direct abutter to the site. She also mentioned quick power outages are common from blasts. Mr. Lorrey commented they had the Public Service of New Hampshire (PSNH) perform specific monitoring of their service to determine if they were responsible for the outages. PSNH determined they were not.

Joe Mazerall, 353 Forest Road states a blast on August 16, 2006 “shook his house” and his wife stated the oak mirrors shake also. They concluded by noting while at the Lyndeborough Post Office on 9/12/06 their building shook from a blast. They wonder about the stability of their foundation.

Dan Donovan reminded the public the operational standards are not the issue but whether our ordinances can be applied to a grandfathered Pit and they have yet to determine whether the Pit is grandfathered at this point.

Anne Jasper, 17 Curtis Farm Road stated there should be a site plan from when the crusher was added. She asked if the Board would review the site plan and if a new crusher was included in the latest site plan approval. She also confirmed her house shook on the 8/1/06 blast.

Nikki Andrews, 43 Curtis Farm Road stated she could feel the blasts “in the air and ground” and that they have increased in frequency and intensity since the appeal was denied.

A MOTION was made by Dan Donovan and SECONDED by David Holder to have the correspondence from Attorney Pollack forwarded to Town Counsel and respond to the following:

1.) Is this a grandfathered pit?

2.) If it is grandfathered is it subject to the town zoning ordinance operational standards and

3.) What other remedies are available through State and Federal law regarding the blasting activities.

Voting: 6 ayes; motion carried.

Brian thanked the public for their comments. There was no further discussion on the matter

Jeff Kandt returned to the Board as a voting member. Alternate David Holder remains, voting in place of Alec MacMartin

2.) West View Farms, LLC – Lots B-20, B-70, B-70-1

Dawn Tuomala appeared before the Board to give an update of the Subdivision Plan of Land noted above. She distributed a final set of plans and went through items listed on the Plan Review by Steve Wagner’s Approval Notes 1-14. She noted the fire protection (pond) near Conner Ln and Keegan Way was previously acceptable to the Fire chief, but is no longer. Therefore, approval is pending agreement on an upgrade or alternative fire protection. She also noted a letter from Road Agent Steve Elliot that gives his approval for the location of all curbcuts proposed for the “West View Farms Subdivision”. Plan note 10 provides specifics relating to driveways. Brian asked that the Road Agent letter be initialed and amended to note this approval is only for the Lot Line Adjustment and Subdivision Plan for the four (4) lots and not the Cluster Subdivision, which is a separate application. Dawn agreed.

Dan Donovan asked Dawn’s thoughts on the discontinued road on Note 12. She explained that she has been researching information in the town and the road seems to have been discontinued sometime between 1900 – 1940. Additional research is needed.

Items to be outstanding include the following:

· Fire Chief - obtain fire protection approval (letter), If easement, forward to Silas.

· Test pit data for four (4) lots to be provided

· Brian Sullivan to walk bounds when placement is completed

· Sheet 3 - label former lot B-70 as B-70-5

· Set up a meeting with the Selectmen for off-site improvement agreement,

· Put a note on the plan regarding the fire protection (pond?) shall be constructed and accepted by the Fire Department before the CO can be obtained for dependent lots.

· Get revised letter from the Road Agent

· Send plans back to NRPC.

· State subdivision approval pending

· Electronic tax map update

· Add note or condition not to use invasive species regardless of new statute effective date.

· Note of the evasive plans listed on the final set of plans.

Dawn distributed a request for two waivers:

· 6.2, e - Locations of existing septic system leach fields within 100 feet of property lines and 6.3, g - High Intensity soil survey

Mr. Spencer Brooks, Conservation Commission stated the County soil maps are not very accurate and has concern regarding leachfield siting. He stated he would like to see the a note regarding the evasive plants as a condition for the approval.

Steve Wagner suggested updating the ordinance to current Site-Specific Soils standards of today.

A MOTION was made by Andrew Fairbank and SECONDED by Dan Donovan to grant the two (2) waivers for locations of septic systems within 100 feet of property lines and the high intensity soil survey.

Voting: 6 ayes; motion carried.

Dawn respectfully requested a continuance.

A MOTION was made by Jeff Kandt and SECONDED by Dan Donovan to continue to the October 18, 2006 meeting.

Voting: 6 ayes; motion carried.

Dawn distributed copies of the revised cluster subdivision for lots B-70-5 and B-20. Brian inquired if this was a separate application, or with the above plan. Dawn explained that they were noticed at the same time but due to the changes in scope regarding the Cluster Subdivision, she would like to re-submit the cluster plan once the four (4) lot subdivision is finalized. The Board agreed.

Dawn explained at this time they are proposing two town roads; approximately 800 and 1,000 feet long with turnarounds connecting to collector roads. At the entrance of Dale Street, the subdivision will start with ten (10) duplex units and the back 8 lots will be single family homes. At the entrance of Center Road there will be 14 single-family homes with a grand total of 40 new homes. Dawn noted land area allows for 45 homes with about 50% open space.

The Board raised concern with the access by fire trucks on long collector roads. Steve Wagner noted there is already an intersection at the proposed entrance off Center Road and this location is in close proximity to that intersection. Dawn stated she was aware of the intersection, but to meet sight distance requirements, it cannot be moved. Dawn concluded she should be back in approximately two (2) months with her revisions. She thanked the Board for their time.

There was no further discussion on the matter.

3.) Bergeron Subdivision – Lot C-034

Priscilla J. Bergeron

Dawn Tuomala appeared before the Board with Priscilla Bergeron and her final plans on the proposed subdivision.

Dawn noted that when Neil Faiman walked the bounds he had found they were off by approximately 11% due to a damaged compass and this has been corrected. There are no outstanding issues.

Dawn submitted the signed Declaration for the Common Driveway approved by Town Counsel.

A MOTION was made by Dan Donovan and SECONDED by Andrew Fairbank to accept the plan.

Voting: 6 ayes; motion carried.

A MOTION was made by Dan Donovan and SECONDED by Andrew Fairbank to approve “Subdivision Plan of Land, Lot C-034, Priscilla J. Bergeron dated June 27, 2006 and last updated on 9/19/06, subject to payment of fees.

Voting: 6 ayes; motion carried.

Fees to be paid:

NRPC $165.00 Check No. 621 dated 9/21/06

Registry of Deeds: $42.39 Check No. 622 dated 9/21/06

Ms. Bergeron and Dawn thanked the Board for their time. There was no further discussion on the matter.

4.) David Lage – Lot Line Adjustment – Lot B021-2,4,5,6 and 8

Dan Donovan explained to the Board that the person responsible for updating our tax maps, Dawn Tuomala, had found this lot line adjustment has one lot that has less than 200’ frontage. However, the Board approved it on August 18, 2004 without seeking approval from the Zoning Board of Adjustment. The Board concluded it was a math error and the plan is correct but the lot is not. Neil Faiman asked if the Zoning Board of Adjustment could grant a waiver.

A MOTION was made by Dan Donovan and SECONDED by Jeff Kandt to put a note in the file regarding this conversation and to contact the owner.

Voting: 6 ayes; motion carried

There was no further discussion on the matter.

Pre-Applications:

5.) Barrett Mountain – E-027-01

Chad from Meridian Engineering presented a conceptual plan of a four (4) lot industrial/commercial subdivision on Lot E-027-01. He explained the lot has 1,000 feet of frontage on the State highway. A road waiver would be needed for cul-de-sac length. The site is in the Shoreland Protection area and in Wetlands and Aquifer Protection Districts. He noted that he has discussed this with Steve Wagner and would be requesting a high-density soil waiver as well. He further noted that in 1989 a 75’ easement was granted to the Conservation Commission, which will remain. He concluded that the road will be a standard road but the Department of Transportation (DOT) will be involved for a curb cut permit.

Dan Donovan asked that the conservation easement be transferred to the town, per Town Counsel’s request.

Spencer Brooks reminded the applicant that he would also need to meet with the Southegan Local River Advisory. He gave his contact information to Chad.

The Board thanked the engineer for the presentation. There was no further discussion on the matter.

6.) John Kukulka – Lot F-30

Mr. John Kukulka appeared before the Board to give a presentation on a condominium proposal for his lot F-30 off Intervale Road. He explained he would like 8 units and that only 40% of the area would be impervious. He noted the ordinance allows for 75%.

The Board reminded John he’s in the Acquifer Protection District. They stated an outside review would be necessary, as there has been drainage issues on abutting pieces of property. They also sighted their concern with traffic. Lastly, the Board discussed the interpretation of residential and commercial uses and access in regards to the variance that was granted in April 11, 2006 which reads as follows:

“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, 103 Intervale Road, into two residential lots, both of which will take their access from Intervale Road, even though the frontage of one will be on NH Route 101, as shown on the plan submitted to the ZBA. The variance is subject to the following restrictions:

No access from Intervale Road is permitted for any non-residential use on either of the lots.

· 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 Intervale Road.

· 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.”

There was discussion on interpretation of the multi-family use (greater than 3 units) is not permitted in the Residential District but is in the Commercial District. So, is it a residential or non-residential use. This will have to be addressed. Drainage of stormwater is critical. Outside review will be required. Mr. Kukulka and Mr. Branon feel the proposal meets zoning requirements.

There was no further discussion on the matter.

7.) Paul Karoake (I know I butchered that name!) – Lot F-021

Neil Faiman and Dan Donovan stepped down at 9:40 p.m.

Paul appeared before the Board to explain his proposal on a Garden Center on the land located off Rte 101, Map F-021. He explained that he owned PK Landscaping off Rte 101A in Nashua for 40 years and recently sold the business in hopes of starting a new. He distributed copies of a reclaimed gravel pit he completed in Milford, and a drawing of his proposed building and landscaping. He explained that he would be excavating the rear of the lot and building the landscaping center in the front. He concluded he would like to start building the center within one (1) year.

The Board asked if Paul was aware of the Gravel Excavation District and reminded him that his parcel of land was not included therefore, it would require a variance from the Board of Adjustment. They also stated a Monadnock Springs owns a well near the property. Besides the variance issue, he needs to comply with RSA 155-E. The excavation is necessary to fund the project. A playing field would be given to the Town eventually after the excavation was completed.

Paul thanked the Board for their input. There was no further discussion on the matter.

Neil and Dan returned to the Board at 10:00 p.m.

8.) Minutes of August 16, 2006

Page 1 – Line 10: Delete Alternate Member David Holder and insert on Line 12

Page 1 – Line 37: Names reversed – should read Alec in all material

Page 2 – Line 35: Replace “6” with “5”

Page 3 – Line 12: replace “road.” with “final coat.”

Page 3 – Line 25: Add at end “Subsequent changes have addressed Si’s concern.”

Page 3 – Line 33: Replace “MOTIION” with “MOTION”

Page 3 – Line 44: Add the following condition to the MOTION:

1.) Add note 28 to the plan regarding loam depth “The existing stockpiled loam is estimated at 750 cu. Yd. This loam is to be used to reclaim the excavation slopes. All building lots are to be finished with a minimum of 4 inches of loam. No loam is to be taken from the existing wooded areas, except where proposed grading is shown.”

Page 3 – Line 44: Add the following requirement to the MOTION:

1.) The EPA Application should be filed at the appropriate time.

Page 3 – Line 44: Replace “8” with “7”

Page 4 – Line 31: Replace “7” with “6”

Page 4 – Line 38: Replace “7” with “6”

Page 5 – Line 2: Delete “J&B Realty Adventures”

Page 5 – Line 25: Replace “8” with “7”

Page 5 - Line 34: Replace “7” with “6”

Page 6 – Line 21: Replace “8” with “7”

Page 6 – Line 33: Replace “8” with “7”

Page 7 – Line 16: Replace “7” with “6”

Page 7 - Line 40: Replace “8” with “7”

Page 8 - Line 12: Replace “8” with “7”

Page 9 – Line 18: Replace “the Bragdon’s and recent” with “Mr. Bragdon”

Page 9 – Line 19: Replace “subdivision bought by” with “Mr.”

Page 9 – Line 31: Delete “for future discussion”

Page 10 – Line 24: Replace “8” with “7”

A MOTION was made by Dan Donovan and SECONDED by Andrew Fairbank to approve the minutes, as amended.

6 ayes; motion carried.

9.) Other Business:

NRPC and LaBombard Engineering Invoices were signed.

The Fall Planning Conference will be in October. Board members were reminded to sign up on line. Co-Chairman Brian Sullivan asked Carla Walter if she would be attending. She stated she needed to check with her supervisor if she was able.

Brian informed the Board that the Good News Bible Church has installed upcast lighting for their sign. He is in the process of contacting the owners.

The Board discussed the need for a laptop and Carla Walter’s computer in the office. No decision was made at this time.

There was a brief discussion on the Wellhead protection meetings with the Planning Board. Jim Tuttle is also working with the Conservation Commission on this issue. Four (4) meetings have taken place. They are the first Wednesday of the month.

Steve Wagner would like permission to access Wilton’s network for Internet access during meetings. Neil stated, the Selectmen typically grant that.

10.) Adjournment

A MOTION was made by Dan Donovan and SECONDED by Andrew Fairbank to adjourn the meeting at 11:00 p.m.

Voting: 6 ayes; motion carried.

DRAFT AGENDA

October 18, 2006

Public Hearing Continuations:

· West View Farms – Subdivision

New Hearings:

· Philip Heald – Lot Line Adjustment Map E-045

Miscellaneous:

· Joe Torre’ – Lot A-005, Lien Release Gravel Pit

· Joan Lemire – Additional Driveway Permit for Duplex Intervale Road

· Wilton Main Street Association – Site Plan Application Process

Preapplications:

· Donald Sienkiewicz (617-680-4680) – F-095 Isaac Frye Highway – Cluster Subdivision

Other Business:

· Minutes of September 20, 2006

Minutes respectfully submitted by:

Carla J. Walter