Wilton Planning Board Minutes

June 21, 2006

Members present: Co-chairpersons Brian Sullivan and Andrew Fairbank, Alec MacMartin, Neil Faiman, Jeff Kandt, Matthew Fish arrived at 8:15pm, Selectmen’s Rep. Dan Donovan and NRPC Rep. Steve Wagner

MINUTES

May 3, 2006 - Work Session

Page 3 line 7: status should be “statutes”.

Page 1 line 14: EPA, instead of DPA

VOTE: Mr. MacMartin made a motion to approve the minutes as amended. Mr. Donovan seconded the motion. Motion passed.

CONTINUED CASES

New Spartan Properties, LLC – (Riverwalk)

Lots F-122, F-121-3 and M-59

15 lot cluster subdivision

Dan Donovan is off the Board

Dawn Tuomala, Tom Quinn and Attorney Will Sullivan were present.

Mr. LaBombard was present from LaBombard Engineering to answer questions.

Attorney Little reviewed the documents and they are forwarded to Attorney Will Sullivan. Attorney Sullivan explained that sheets 8-10 have been signed by all the Water Commissions.

Sewer Commissioners have sent out their own plans to their engineer.

After legal consults the applicant submitted a new plan which has the open space as 18.2 acres. Mr. Quinn has two copies of the revised documents. (see file for letter from Attorney Little)

Ms. Tuomala read off the items to be looked at (see file for letter dated June 18. 2006 Re: Richfield Way (Riverwalk) lots F-121-3, F-122 and M-59 and signed by Dennis LaBombard). Mr. LaBombard asked for a summary of the drainage calculations. She did calculations for a 25-year storm.

Mr. LaBombard had 38 concerns and then requested the applicant resubmit the plan. Most of the items have been addressed with only 4-5 items are left to do. The plan submitted tonight reflects the changes.

Item # 24 was discussed. The plans were for a 24 ft. wide paved road. The applicant asked the Board to consider a 20 ft. wide road for the impervious area. It was suggested to revisit the Fire Dept. and Highway Dept. with the road change concerns and obtain letters from them.

Mr. Quinn presented two sets of the legal documents about 9 pages long. Half of them have been modified slightly. The original documents said that homeowners could modify the open space but that was taken out and the acreage was recalculated.

Items 28: Driveway detail. I-5 needs to be updated to reflect the current regulations. There is a conflict between section G and the appendix I-5.

The Board requested the restrictions on what could be done on the trail be included in the legal documents. Currently they are only on page 2, note 16 of the plan.

Shoreline protection was discussed. The Conservation Commission requested permanent markers at both locations and at 30 feet. The Board requested that it be clear what “natural woodlands” means.

The open space has to be owned by a legal land trust or the town.

VOTE: Mr. MacMartin made a motion to continue to the July 19 meeting. Mr. Faiman seconded the motion. Motion passed.

Mr. Donovan is back on the Board.

William Jordan & Linda Brave and Keith Frokley – Lot J-84 & J-85

Lot line adjustment

All the conditions were met and the plans are signed and can be recorded.

John E. Kukulka, Jr. – Lot F-30

Two lot subdivision

Bill Davidson, Meridian Land Services was present.

Plan was set to Attorney Little for review. See file for letter from Silas Little dated May 19, 2006. Re: John E. Kukulka Jr. Tax Map F, Lot 30 (Fernald, Taft, Fably & Little)

Driveway easement shall be exclusive access for the two lots and there will be no other curb cuts either from Gibbons Hwy. or Intervale Road.
Lot F-30-2 will be used for residential purposes only….

The new plan presented added two notes

Notes 16 is proposed construction on Lot F-30-2 shall be a slab on grade.

Note 17: 12” HDPE culverts shall be installed to access Lot F-30-2 and maintain drainage flow through the property. The Board requested a line for the culverts and a reference in the notes. Spencer Brookes of the CC said the naturalist are concerned and request that culverts are shown on both ends on the plans. Mr. Davidson will put the culvert locations and a bench mark on the pins that relate to the elevation,

On June 5 the property monuments were set. Mr. Sullivan and Mr. Kandt will walk the bounds.

$1,500 road improvements have been agreed upon with the Selectmen. It is expected it to be paid when pulling the first permit.

Water Commissioner Jim Tuttle discussed the culvert. “We gave them a letter saying they could have service but we’ll need more detail plans on how the sewer will be laid”.

Matt Fish arrived at 8:15pm.

Discussed note 11. The Board requested to link it with the plan and state all utility work will conform with the Town of Wilton Water Specification which is Pennichuck 2004 as adopted.

Note 15 states two residential lots and both will take their access from Intervale Road but the Board felt that Attorney Little went a step further and has no commercial access to the lot.

Three notes have to be updated and legal language with Bill Sullivan.

Mr. Tuttle can provide specifics to Mr. Davidson regarding sewage.

VOTE: Mr. MacMartin made a motion to continue to July 19, 2006. Mr. Faiman seconded the motion. Motion passed

Kundalini Yoga Studio & Art Gallery – Lot J-50

Change of use

VOTE: Mr. Faiman moved that the secretary will write a letter requesting that if the applicants are not at the next meeting the Board will feel they have withdrawn the application and will refer the matter to the Selectmen for enforcement action. Mr. Donovan seconded the motion. Mr. Fish abstained. Motion passed.

VOTE: Mr. MacMartin made a motion to continue to the July 19 meeting. Mr. Donovan seconded the motion. Mr. Fish abstained. Motion passed.

West Views Farm, LLC – Lots B-20, B-70 and B-70-1

13-lot cluster subdivision and a five lot conventional subdivision

Dawn Tuomala of Monadnock Survey, Inc. was present.

Chairperson Sullivan spoke to Attorney Little regarding deeding the open space to another entity.

The project has three tracks of land. The applicant would like B-70-1 to do a lot line adjustment so it is more useable. The second lot line adjustment is with B-25 to give them a one acre piece of land. The third track is B-20 and would like to do a lot line adjustment and take 20 acres from B-20 and give it to B-70. On B-70 would like to take out the farmhouse and four lots. The farmhouse will have frontage on Pead Hill Road and Center Road. The end will result in a 90 acre lot.

On B-20 the applicant would like the cluster development of 55 acres.

For a 600 feet road it would end at a spot with ledge on both places which is not a good spot to put a hammer head road therefore the applicant will request an 800 ft. road. Each lot is 1.5 acres, the requirement for individual septic systems. There is some overlap with the well radii in the open space, which is allowed. Discussed road length and lot configuration. Looked at cluster roads, C-4 paragraph 8 of Cluster Development Regulations.

See file for letters from the fire chief and road agent.

VOTE: Mr. MacMartin made a motion to send a letter to Attorney Little to inquire about the compatibility of the open space with the flowage easement and to continue to next month. Mr. Faiman seconded the motion. Motion passed.

SIGN APPLICATIONS and EXCAVATION RENEWAL

Tom Quinn has a question if the spill management renewal has to come before the board or is it administrative. A renewal of the existing contract has been extended. The Board wondered if the town would be noticed by Cyn Environmental Services if the contact expires. Send a letter to the water department to see if they have any concerns.

It was determined to send a letter to Mr. Quinn via Matt Fish to ask for a termination date.

FYI: Emory and Garret did an inspection yesterday and we’ll expect a report from them by the joint meeting at the end of the month.

VOTE: A motion was made by Alec MacMartin and amended by Dan Donovan. Motion amended by Mr. Donovan to have Matt Fish will obtain a termination of date of service and the contract will be modified so both Mr. Quinn and Cyn Environmental Services to be required by the terms of the contract to notify the Wilton Planning Board if the contract is earlier terminated. Mr. MacMartin will second Mr. Donovan’s motion. Motion passed.

Leighton White, Lot- E-17

Gravel Pit Operation

Mr. MacMartin is off the Board.

At work session it was determined the permit would extend 90 days to look into concerns about debris on the property.

Mr. Fish reported about his two visits to the site. On his first visits he had concerns about pressured treated wood, pipes and stumps in three piles at least two sizes of this room. On second opinion from another visit it was not pressure treated and he didn’t see evidence of material being buried.

Mr. Donovan said that he got a few calls of complaints that there were new construction items such as PBC pipe at the site. Mr. Fish didn’t see any evidence of this so there are several opinions.

The lot is in an unusual situation as Industrial Land where there is an active excavation. Mr. Fish said it is a concern to have debris next to an open excavation.

A meeting has been set up for Thursday June 29 at 6pm at lot E-17. The Water Commission, PB and BOS are encouraged to attend.

Mr. White showed a photo dated 5/30/06 of the debris that “denied him his permit” and the contents of the debris in the photo fits inside his pick up truck. Mr. White said “this is harassment and this is not fair’. There are piles of tailings and stumps and an occasional piece of concrete and wire. Mr. Fish didn’t see any evidence of a landfill.

Mr. White “does not like to be accused of this and he is a landowner since the 1960s and his lands are impeccable” and said “it is such a small operation compared to the one next to me and it is next to a junk yard that has been there 70 years”.

Mr. White would be willing to increase the size of the bond if that makes the Board more comfortable. It was determined to hold off until the meeting.

VOTE: Mr. Fairbank made a motion to continue. Mr. Fish seconded the motion. Motion passed.

VOTE: Mr. Fish made a motion he would set-up a meeting with all interested parties, (The BOS, Water Commission and Planning Board), prior to the next Board meeting and will report back to the Board at said meeting. Mr. Faiman seconded the motion. Motion passed.

Mr. MacMartin is still of the Board.

NEW APPLICATIONS

Town of Wilton, Charles McGettigan Rev. Trust and Jane K. Farrell

Lots H-56, F-97 and F-96

Road alignment and land adjustment

Dick Rockwood, Jane Farrell and Charles McGettigan were present.

Mr. Rockwood showed the land that would be donated to the Town of Wilton to slide the road down and to better realign with Isaac Frye Highway.

The existing road is an easement. Town counsel has not reviewed legal documents yet. Mr. Rockwood will contact town counsel when the legal documents are ready.

First comment is it that is nice of Charlie McGettigan to do something like this to improve the road. There is money available to do this. At the current time there is a property on the Moheban property and it should still exist.

VOTE: Mr. Donovan moved to accept the plan. Mr. Faiman seconded it. Mr. Sullivan abstained. Motion passed,

Mr. MacMartin is back on the board.

Richard E. Schwab and Rebecca L. Schwab – Lot F-149-01

Subdivision

Dawn Tuomala of Monadnock Survey, Inc. was present.

The land is on Capt. Clark Highway and Florence Rideout Road and is owned by the Schwabs. It was originally 63 acres. It is in residential/agriculture district and is not in 100 year flood plain. The intent of the application is to sub-divide a 15-acre lot and both will be serviced by individual lots and well.

See file for letters:

1. Waivers. 6.2 e, 6.3 b, 6.3 c, 6.3 d, 6.3 g, 6.3 h

2. Test pits log. Monadnock Survey, Soil Test Pit Results Lot F-149-1-1 dated June 21, 2006

3. Off site road improvements Signed by Selectman Dan Donovan for the BOS dated June 21, 2006 (accept road contribution of $1,500)

4. Fire Chief. Wilton Fire Dept. dated 6-4-06 Re: Richard & Rebecca Schwab signed by Ray Dick. It states “…in creating F-149-2…meets requirements”.

5. Road Agent. To PB from Road Agent Steve Elliott dated May 5, 2006.

Mr. Faiman will walk the bounds, Mr. Kandt will go along.

Need to verify public service easement…needs no update.

The Board requested to either remove Old Rideout Road from the plan or put a note on the plan as to what happened to the discontinued road.

Meg Bloom Carrie, 59 Dwight Road, gave a brief account of the history of the road. She had concerns but not anymore as they heard the plan. She also talked about how the state and the town values stonewalls. She would like to be on record of saying her family has a concern of a driveway on Dwight Road and would like the wishes of her family for forests to be protected in the future. She said her road is not a road the town would want to widen and improve in our opinion.

Wetlands are poorly drained soil according to Ms. Tuomala. This land is being sold as current use.

VOTE: Mr. MacMartin made a motion to accept the application. Mr. Faiman seconded. Mr. Sullivan abstained. Motion passed.

VOTE: Mr. MacMartin made a motion to grant the waivers Mr. Faiman seconded. Mr. Sullivan abstained. Motion passed. Waivers: 6.2 e, 6.3 b, 6.3 c, 6.3 d, 6.3 g, 6.3 h)

Diane Orzel, who lives across the street Lot 154, has a concern. They have an easement going across the property with wires and would not want to be living under it with all water on the property.

Note 10…as shown here as (add) “Proposed driveway”

Heritage Commission – May 30, 2003 letter urged the town to preserve the rock wall and make sure they are preserved on all projects. (see file) To PB and ZBA Subject: Stone walls. From Stanley T. Young, Chair. Cc. Wilton Conservation Commission.

Matt Fish noted the biggest threats to stonewalls is when they are dug to close and the dirt is not put back then they tend to crumble.

Is the applicant willing to entertain a note to maintain the stone walls whenever possible? Schwab says all the stones walls are the exterior. They are pretty run down in most areas and some are actually at a house up the street.

VOTE: Mr. Fish made a motion to continue to next month. Mr. Donovan seconded the motion. Motion passed. Mr. Sullivan abstained.

To do:

1. Referrence to Rideout Road

2. Neil and Jeff to walk bounds

3. “Proposed driveway” in quotes

4. And consider preserving stone walls

Richard Griffin – Lot J-33

Convert a single family home to a two-family home

Neil Faiman said he sat on the ZBA board that granted the decision and does not feel he has to step down. Notice of Decision date June 19, 2006. Case#6/13/06-2, decided Thursday, June 19, 2006. Granted special exception under sections 4.4 and 5.3.7 will permit the conversion of the existing house on lot J-33, 28 Park Street to use as a two-family residence. (See file)

Need to satisfy the requirements of 5.3.7. The Board needs unit #, parking, lighting, drainage to be show on a plan. There is no change in the impermeable area. The house use to be a two family. Mr. Griffin showed the foot print of the house but not the use. The lot is 9/10ths of an acre.

It was recommended Mr. Griffin talk to NRPC and review page D-1 and go to wiltonzba.org and click on regulations.

VOTE: Mr. Donovan made motion to continue to next month. Mr. Faiman seconded the motion. Motion passed unanimously.

Other Business

Updated zoning district map

Steve Wagner discussed the tax maps with numbers on it. Discussed the large map that is laminated in the office is outdated. The GIS department at NRPC has found discrepancy with districts. Steve Wagner handed out DISTRICTS adopted March 2003 and asked the Board to review it, red pencil it and then discuss how to continue. Then can update this on the current tax maps. Please return to Carla Walter and she’ll forward to Mr. Wagner.

Town of Bedford

The town received a notice for regional impact for a Hanniford Store on Jenkins Road as general impact. The meeting was last night.

Inform Bill Condra to look at Tuttle subdivision building permits submitted by builder James Buchanan. The plan calls for single family homes and not duplex homes. (Note: the secretary did contact Mr. Condra after the meeting and he is aware that permits should be for single family homes only or inform Mr. Buchanan he would have to come back before the Board)

Respectfully Submitted,

Kathleen Humphreys, Secretary