TOWN OF WILTON

PLANNING BOARD MEETING MINUTES

Approved 3/7/07

DATE: February 21, 2007

TIME: 7:30 P.M.

PLACE: Wilton Town Hall Courtroom

PRESENT: Co-Chairman Brian Sullivan, Co-Chairman Andrew Fairbanks, Neil Faiman, Jeff Kandt, Alec MacMartin, Matt Fish, Selectmen’s Rep Daniel Donovan, Recorder Heather Loewy Nichols, and NRPC Rep. Steve Wagner

ABSENT: Alternate Member Bill Condra, and Alternate Member David Holder

OTHERS: Wilton Planning Board

Minutes 2/21/07

Co-Chairman Brian Sullivan called the meeting to order at 7:38 p.m.

1.) Subdivision – Barrett Mountain LLC – Lot E-027 on Rte 31 in the Industrial District. Applicant is proposing to subdivide said lot into four (4) industrial lots.

Present: Alec MacMartin, Matt Fish, Brian Sullivan, Andrew Fairbanks, Dan Donovan, Jeff Kandt, NRPC Rep Steve Wagner, Neil FaimanFairman

Called to order 7:38 pm

Bill Davidson appeared before the Board, for Chad Branon of Meridian Services, stating that he was here to update the Board on their progress.

Subdivision – Barrett Mountain LLC 7:44-

Bill Davidson from Meridian Services, stepping in for Chad BrannonBRanner,

Basically an updateHe explained , working on legalthat Meridian’s attorney, Carolyn Owen and Town Counsel have been passing papers back and forth with minor changes and s, Silas got back to the ateornry, she made his revisions and sent them back today, monir stuff, he imagined that the issues would be resovledresolved by the next Planning Board meeting. He noted that he added , on this plan added Note 19 with reference to , last time here looking for an industrial use only and Note 16 was expanded as requested to address Spencer Brookes’ concerns about note, Spencer had an issue on the a pedestrian easement. , Note 16 was expanded to take that into account,He stated that the plans had been reviewed by received review from Steve Wagner who, mentioned the issue of an of obond foffsite improvement agreement with the Selectmen; however he, did not know what those improvements would be. Bill, assumed that theseis would be dealt withone when the individual site plans were received since, each one of these lots will come back with whatever site plan is required depending on by the end user. , Dan Donovan agreed with Bill’s plan of procedure and stated that he, does not think that esn’t see that there would be anyany off-sitesiute improvements will be needed as the properties are s due to it being oon a state road but suggested that a , maybe note statingthat says that offsite improvements will be assessed upon site plans., Bill questioned the procedure for the

Rroad boand estimate and the Board stated that traditionally it comes , planning on putting it together and , board says traditional comes tthrough the board and is then is reviewed by the Sselectman and the Ttown Eengineer. Bill stated that they will rr

Road bounds, set the corners and then set the road bounds after the road has been constructedion all of which, would be included in the road bond estimate., once set lot corners would be done by before approva from this board, They also discussed that even though

Steve Wagner made has a mention of filing NOI and SWPPPSWIFT plan before construction on his review there , does not need to be aa note on the plan.

Still some back and forth with Silas, yes but will be taken care, seem minor, done by next meeting for sure, Carolyn Owne & Silas,

Steve- leave that the board walks the bounds or put a note for a surveryour,

Leave that the board walks the bound and leave into the

Will note the bounds after

Bounds are not in but will call the board, After some discussion about where the bounds meet the river, Bill stated that Meridian will put permanent markers up where the properties meet the easement and grade stakes in between the permanent marker so that Conservation Commission will be able to place their placards.

Dan Donovan suggested that Bill - might want to verify with Peggy about the Warrant Article as the , The Sselectman revieweds warrant articles the other evening and he and he doesn does not ’t remember the article in question.it

Spencer, someone from WCC should be there to walk the bounds, concerened that the future owners of the property will not know that there is an easement there and , would need to put stakes on the bounds and then the conservation committee could but there signs 10 feet in,

He can put stakes on the property lines and then make sure that Spencer will be able to locate with the

Neil Faiman volunteeredwill to walk the bounds and call Spencer when they are ready. when he calls saying that the bounds are in call, board will call SpencerSoencers

Discussed grade stakes versus grade stakes – he will put permanent markers where ewach of the properties cross the easement and put grade stakes in between so Spencer can follow for his signagre,

The floor was opened for public comment. There was none.

No public comment

A MOTION was made by Alec MacMartin and SECONDED by Motion to continue to next meetingAndrew Fairbanks to continue the application to the next meeting., MacMartin, Fairbank,

Voting: 57 ayes;, motion carried.

2.) John E Kukulka – Site Plan Review for Lot F-030-02 on Intervale Road in Residential, Commercial, and Aquifer districts. The applicant is proposing eight (8) units of multi-family housing with associated drainage and parking improvements.

Neil Faiman and Dan Donovan stepped off the Board as voting members.

FaimanFariman and Donavan resigned,

Bill Davidson, of from Meridian, reappeared before the Board with passed out revised plans and explained that the, last two times he was before the Board they had there was discussiondiscussed the best about density for this site, noting that his firm had, decided that the density for th decided on two (2) 36’ by 36’ units.is lot is two units, 36’ by 36’, probably larger footprint then what is going to be built for He explained that, he is unsure of the actual foot print of the units at this time. He also noted that , adjacent to the units will be a is a four bay garage with, two bays for each unit and , added additional parking space at the existing house.e, He noted that about 75’ in from the road there is a pavement line where the pavement would end and the , propoased pavement would end, driveway and parking would be gravel. He noted that this revised plan would include the, same culvert, the still have a retention basin, a , reduced amount the of landscaping that had originally,, and now would include an 8%$ impervious cover. The Board discussed different options for the parking including an island between each unit’s parking spaces.,

Seems like a lot of parking spaces, basically the 36’ feet long, storage will be a premiumum because there will be no basemwent, Sullivan likes the idea of an island for two spaces between the two units parking,

Bill and the Board discussed the amount of review that would be necessary for this site due to the fact that it is a split zone lot with both commercial and residential zones. The Board noted that outside review would probably be necessary with concern to the runoff and drainage issues only. The Questioned because it is a split zone lot between residential and commercial, problem in the commercial zone states that anything besides a single family has to come before the planning board, what does the board think about that and to what extreme would the site plan process be, hopin not to go through outside engineering review for this plan, first paragraph of 7.0, board noted that this district has had problems and whatever is done on the site needs to deal with the runoff issues in the area, he is wondering to what degree of review is needed, board MacMArtin concerned that needs to be reviewed because of the drainage issues, need outside review maybe just for the drainage, Fish, worried that this would intentisfy the run off from the BRagdon property

MacMartin don’t know that we need a full blown review but do need a review of the drainage issues,

Bill there was a problem because there was an 8” pipe that was crushed and not taking on water, John put in a 12” culvert that ends in the same spot and regarded the swale, therefore the back up has been dealt with,

MacMArtin, on the Bragdon property there is a twelve “ culvert under the drive and need someone to look at the flow between tBRagdon and

Board stated that it would send the application to LaBombard Engineering LLC for Review.send the materialsget an estimate and an escrow plan will be set up, make sure to get revisions done first, It was noted that Bill should do his final revisions before provided plans to be sent for outside review.

Spencer – gravel impervious? – Stever after gravel is compacted it becomes impervious,

He will do new drainage calculations and submit new plans for

A MOTION was made by Alec

MacMartin and SECONDED by Matt Fish motion to continue this application to the March 21^st1 meeting,.

Voting: seconded by Fish, 7 ayes; motion carried.

Neil Faiman and Dan Donovan returned to the Board as voting members at 8:18 p.m.

3.) Subdivision – Dorothy S McGettigan Revocable Trust – Lot F-102 on McGettigan Road in the Residential/Agriculture district. Applicant is proposing to subdivide said lot into three new residential lots. 8:18

Mike Carter, of Todd Land Use Cconsultants, appeared before the Board explaining that the had an agreement that Will & Silas hagreement, which stipulated that the 5 acre lot under discussion is to be broken out between Jim and Elli’s lot and can never be developed, hadad been reviewed by Town Counsel., Mike noted that there were the agreement is stipulating that the 5 acre lot that are intended to be broken out between Jim and elli’s lots and can not ever be developed, no proposed changes to subdivision plan set. The Board noted that they

Nneeded to verify with Town Counsel that he has approved the agreement language. Silas that we are good, no one has walked the bounds, Matt Fish volunteered to walk the bounds will do it and follow through thaton any loose ends if a conditional approval were to beis given by the board.

A MOTION was made by Alec MacMaArtin and SECONDED by Dan Donovan Motion that the board chairman is authorized to sign the mylar without further hearing upon completion of on the condition that the bounds beingare walked, and the language beingis approved by town counsel for the restrictive easement. and upon satisfaction of these conditions, the board chairman is authorized to sign the mylar without further hearing

Voting: Dan seconded 7 ayes, motion carried.

Alec MacMartin noted that the Board, will need Mylars and some fees to be paid.

4.) Subdivision – E.J. Abbot Trust – Lot K-105 on Pine Calley and Maple Streets in Agricultural and Aquifer Protection District. Applicant is proposing to subdivide said lot into three (3) residential lots.

8:28

Dawn Tuomala , of – Monadnock Survey, explained that Town Counsel’s review

Silas letter mostly spoketalks about the alteration of boundriesboundaries. She also noted that she added, Nnote 12 which states that the encroachment is only shown for informational purpusesepurposes, and Note 11 concerning Parcel A note 6 changed to incorporate, note 11 added concerening parcel a,. Also she changed Note 6. She noted that the Cheneys have signed the plan, the Board has the water and sewer orders and the bounds have been set but not walked., board has water and sewer orders, Neil Faiman will walk Parcel A of the lot with the encroachments in the Southwest lot line.

A MOTION was made by Alec MacMaArtin and SECONDED by Dan Donovan to accept the application.

Voting: 7 ayes; motion carried. Mortion to accept the application Donavan, 7 ayes

The Board opened the floor for public comments and saw none. Public comments? None

A MOTION was made by Alec MacMartin and SECONDED by Dan Donovan to approve the application Motion to approve conditional of the bounds being checked.

Voting: MacMartin, 7 ayes; motion carried.,

Dawn submitted Gave mylarsmylars to the Board.

5.) Subdivision - Martha J Greene – Lot B-056 on Curtis Farm Road in the Residential/Agricultural District. Applicant is proposing to subdivide said lot into three (3) single family residential lots.

Jeff Kandt stepped off the Board as a voting member at 8:38 p.m.

A MOTION was made by Dan

Donovan and SECONDED by Alec MacMartin to continue this item until April 18, 2007. – motion to continue till April 18, MacMartin 6 ayes, KandtKanst resigned,

Voting: 6 ayes; motion carried.

Jeff Kandt returned to the Board as a voting member at 8:40 p.m.

6.) Subdivision - Don & Doroythy Taylor – Lots A-058-06 and C-032 on Duggan Road and Bennington Battle Trail in the Residential/Agricultural and Watershed Districts. Applicant is proposing a lot line adjustment to add 1.405 acres to Lot C-032. 8:40

Dawn TuomalaToumala, of Monadnock Survey, reappeared before the Board explaining that these plans were accepted on January 17, 2007, Note 7 has been added to the plans to explain the extensive waivers as requested by the Board and Jeff Kandt has walked the bounds.

Waiervs have been granted, since they were extensive asked to put note on the plan, note 8, Kandt walked the bounds, accepted on Jan 17

The Board opened the floor for public comment and saw none.

A MOTION was made by Dan Donovan and SECONDED by Alec /MacMartin, moved to approve the plans.

Voting:

Public comment, none

7 ayes; motion carried.

New AppicationsApplications:

7.) Cluster Subdivision – First Light Farm, LLC – Lots F-095-02,03,07,13,14 and 15 on Isaac Frye Highway in the Residential/Agricultural district. Applicant is proposing a 25 unit cluster subdivision. 8:45

Donald Sienkiewicz, member of First Light Farmthe applicant, introduced Carl, his wife Katea wifeKatea, Ray Shea , of Sandford Survey , Lucia Kitridge, and David ElyEaley and Ellen KambolCambpell from Windy Hill Aassociates. Lucia explained the proposed site plan noting that there are ,

Lucia, property is 40.576 acres of land, which includes 1.2 acres of wetland, steep slopes on the East side and, but a large area of level terrain at the top of the hill. She explained that this, proposal includes aning access road up the slope from Issac Frye which will , proposinglead to a a loop road with several clutersclusters on it for a total of 25 homes. She noted that there will be 28 acres, or , 75%, of open space, 28 acres open, after allowing an for exclusive area for each houses. She explained that the proposal includes a , sited with solar, large green in clarge green in the center which would serve as a community center and community gardens and also they are, proposing that some of the more gentle slopes would be cleared to create views and creat meadows. Lucia explained that they are , proposing that the snow mobile trail would be rerouted and open for non motorized traffic. She explained that the loops, perimeter buffer of 105’ which is double the cluster ordincace, proposing selective clearing on the 15-25,

Hhomes would be primarily detached single family homes with the possibility, possible a of a few duplex homes and attached garages for each home; however, she noted, this is subject to change., subject to change, showing homes with attached garages, could change, intent is to provide attached garages, proposing community bulding which would be available for everyone livingin the community,

David ElyEaley, architect at Wwindy Hhill Aassociates, explained that he had only designed one type of home so far out of the four or five proposed types of homes. He noted that they are trying to make the most of the natural elements including solar exposure and that they are trying to create a community with houses close together and screened in porches, desgined one home so far, looking to blend with traditional homes of new England and also the Pine Hill school, unique because trying to create a community, siting homes very close together so people can interact with their neighbors as they walk by, screened in porch, possible solar panel, southern exposure with lots of windows, views from the sight means views to the sight, tried to keep profile low to blend with topograohy, lot of thought going into it while keeping the housing costs low.,

In response to a question from the Board pertaining to lot size, Fish seems difficult to blend such nce housing with lower income housing,

ElyEaley, proposing to do a mix,

Fairbank? Everyone with a garage?

ElyEaley- right now, discussed having a community garage,

MacMArtin, square footage?

ElyEaley- 2350, second largest in the four different kinds

Fish- lot size

Ray Shea stated that they – have notnt done a lot of engineering at this point., right now not looking at lots rather limited common area, about 1100 feet East of Abbot Hill and Issac Frye, to 10 acre lots from Four Corner He explained that this site is made up of six lots that abut Four Cornerss Farm, made up of 6 lots, access road is the exact location of the private drive which served the four lots at the top of the hill, 8% grade to the top of the hill, with the access road being the o originally private way that lead to the property. He noted that he needs to discuss with the Board if there is any relief to be found from the standard widths need for a public access road. designed in terms of width, need to discuss if there is ant relief from the standar He explained that they were planning to use three or four septic tanks and two common wells as well as two cisterns , looking to break up seewarge into every ¾ hours, 2 common wells, fire chief looking for 2 cisterns at the top of the hill have pipes running down and attachinged to hydrants as requested but he Fire Chief.that he can pull from it, open space, eliminated road area and 50 feet from houses, will provide alternate areas for septic but have not yet,

The Board then had a discussion about density with a final determination being that the applicants probably would not be able to put anymore then 22.5 homes on this site, maybe less. The Board also discussed the issue of the road width explaining that for a public road, which fire trucks need to be able to get in and out of, an absolute minimum width is 18 feet is needed but with careful geographic planning a country look could be retained. The Board also suggested that the applicants review the Riverwalk subdivision minutes.MacMartin: #9 look at what was there in 1989, which was one lot, so there is already development on the original parcel, if it had held together as a large lot it would have been 25% density but now since it has already been subdivided the density is 12.5%, the original subdivision would have supported 6 houses, but this proposal would mean a 400% increase. The idea of the ordinance was that if you were to keep the original plot intack one received more of a bonus, it would be a consolidation of lots and then it would be a condimunimum complex,

Fairbank – seems that this would be in the spirit of the cluter ordinances,

Open space would be available to everyone in the town, the central green would be mostly for residents but all the open space and foot trails would be open to the public

Issues – read through the cluster regulations and the subdivision regulations, road should be 600’ but is 1100’ , would like to keep the roads as narrow as possible so people want to drive slowly and kids can be safe,

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue this matter to the Board, the road would become the a town road,

Would not qualify for the road right now but foresees waivers needed down the road,

Why does it have to be a public road?

MacMArtin: because of the people running in and out, because

Have to be concerned about a fire truck getting in and out, 18 feet is the absolute minimum, would need packed shoulders, can accomplish a country looking road with geographic planning,

Spencer noted that 84 houses

Delia Windwalk Burns hill road

Currently they could have 20 houses with a potential of 22 houses but there are a number of requirements that havt o be met

Suggest that the Riverwalk minutes,

Riverwalk, Highfields, Orchard Fields,

Motion to continue, to March 21, 2007 meeting.

Voting: 7 ayes, motion carried. MacMartin/Faiman, 7 aye

Sign Applications- 9:45

8.) Pike Industries – Sign application to permit the placement of an off-premises sign for Pike Industries at the corner of Isaac Frye Highway and Forest Road on Lot B-147, 462 Forest Road.

-

The applicant was not present.

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the matter to the Board, the road would become the a town road,

Would not qualify for the road right now but foresees waivers needed down the road,

Why does it have to be a public road?

MacMArtin: because of the people running in and out, because

Have to be concerned about a fire truck getting in and out, 18 feet is the absolute minimum, would need packed shoulders, can accomplish a country looking road with geographic planning,

Spencer noted that 84 houses

Delia Windwalk Burns hill road

Currently they could have 20 houses with a potential of 22 houses but there are a number of requirements that havt o be met

Suggest that the Riverwalk minutes,

Riverwalk, Highfields, Orchard Fields,

Motion to continue, to March 21, 2007 meeting.

Voting: 7 ayes, motion carried.no one present, MacMartin stated that he agreed to move the sign back 15 feet,, MacMArtin continue Faiman, 7 ayes

9.) Jill Murray – Sign Application to permit the placement of a sign Main Street.

The applicant was not n present.

A MOTION was made by Dan Donovan and SECONDED by Alec MacMartin to continue the matter,

Voting: 7 ayes, motion carried. Donavan.MacMArtin coniure

Pre-Applications

10.) Amber & Wendell Fisk – Sugar House Proposal for Lot F-021, Route 101

The applicants were not not prpresent.

11.) Craig Checani – Site Plan Review - F017 40 West Intervale Road

requesting a waiver on a site plan,

This applicant is requesting that the Board approve the application for a one man office with no more then three cars for sale at a time. The Board discussed that this site is in the aquifer district and that the applicant may have difficulty getting the application approved due to the possible leakage of car fluids. The applicant noted that he is attempting to get a minor dealers license from the state. The Board explained that they could easily approve the application without the cars present but they were unsure if this would meet the applicant’s needs for the state. They did, however state that they would be inclined to accept the less formal plans as long as he included the nature of the business and hours on the drawing and had a separate application for the signage.

Smack down in the aquifer district and worries about car leakage,

Questions of vehicles on site? Only three cars to public at any given time, not going to wash the car, doubt he would have more then one vehicle at a time, needs approval to use it as a base, not planning on opening a auto shop and washing and waxing cars,

\

If all you were asking for was to have your office in that building then that would probably be okay, but your asking to have cars on the property, the department of safety requires that you are approved for zoning

Could turn in a drawing 22 days before next months meeting ans state what you are going to be doing in that office, and state that you will not have cars for sale on site,

The regulations do not say anything about car sales, however it would require a closer space,

The board stated that the board would be inclined to accept the less than professional application,

Nature of business, and hours on the drawings, separate application for signage,

12.) 0:10 Mathew Harwood – 2 Lot Subdivision – L-028 235 Gibbons Highway Dawn TuomalaToumala, Fish steped back

Matt Fish stepped off the Board as a voting member at 10:10 p.m.

Dawn Tuomala aquiph explained that this application was for two duplexes to be located on a site two homes down from the LA Limo company. She noted that she has no plans to be anywhere near the river buffer line and therefore has not included in on the plans.er district, shoreline protection act did not put the 50 foot river buffer line to ease confusion, two homes down from the LA Limo companyobtained frontage various, proposing duplexes on both, three accesses to the property, meeting with She also explained that there are currently three accesses to the site but she is meeting with DOT and proposing to get rid of two of the entrances2 and leavinge just the most easterly. She noted that the , ZBA required parking in the back and that she will and no longer on the road, need s to reroute drainage as currently, there are catch basins that land in the proposed building., Dawn and the Board discussed the proposed driveway, as Dawn would like a variance from the 16’ feet width ordinance. The Board suggested that 10’ wide would not be appropriate and possibly she could have a split driveway with a median of stone wall.driveway is 10’, supposed to be 16’ wide, would like a variounce,

MacMArtin, suggested that it might be a hazard with one car coming in and one out with 10 feet, the lot has been filled all the way down to the river, going to Dawn further noted that she is meeting with the deal with the river people on Frifirday, and the Cconservation Committee on March 12, and meeting with the Board of Selectman on Monday for any offsite improvements., She also noted that a letter which was written by order ofot the ZBA, regarding the fill, is to be attached to with the plans. regarding the fill,

Matt Fish returned to the Board as a voting member.

The application will get noticed,

Issues, concerens? Can she give the easement to Carla to get sent out to legal?

Other Business:

13.) Gravel Excavation Renewals- Quinn Brothers Tom Quinn- Lot F-122 and M-059, Lot F-173, E-022, E-023, E-017, and E-021.(Jim Quinn representing)

Matt Fish stated that he went up with Jim Quinn on Tuesday to the pit and, made a full insepectioninspection and everything looked fine, noting that he, saw all the signs on the steep excavation areas, all the fuel areas were maintained, and he, Abbot hill pit, he saw equipment ready for reclamation of pit., Matt Fish noted that the pit was covered with heavy snowfall preventing a complete inspection and since he had made a complete inspection of the spill prevention buildings (including a rough inspection of the operating pit) and contents in the previous week due to an incident in an adjacent pit when there was no snowfall he feels comfortable recommending the renewal be granted.

A MOTION was made by Alec MacMaArtin and SECONDED by Neil, Faiman motion to accept the renewal permit, Lot F-122, M-059, F-173, E-022, E-023, E-017, and E-021.

Voting: 7 ayes, motion carried.

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to grant the renewal.

Voting: 7 ayes, motion carried.

MacMartin Faiman motion to grant renewals, 7ayes

The Board discussed upcoming business with a determination that they would have a Public Hearing on repealing regulations on March 7, 2007 at 7:30 and then go into a work session to review the outstanding minutes.

The Board also discussed submission times and whether they should change their current policy. Dawn Tuomala explained that their current submission policy is confusing and can make extra work for the applicant because of other related deadlines, such as abutters.March 7^th meeting 7:30

Submission times? When things should be do? Forget 21 days, make

Dawn – very confusing, would like to see one submission date, the day before the meeting, today she would hand you all of those packages, then Steve could have 10 days for review,

The Board noted that the Supreme Ccourt ruled in the Chalet SuisseSuez issue on theour side of the Board.,

The Board discussed correspondence from the Good News Church as to whether they would need a special exception with the determination that they probably did not.

Faiman – got email with someone with Good News Church, questioned whether they should have had a special exception, they wanted to make sure that they didn’t needed a special exception

The Board discussed a question by Gert Ducharme as to stump disposal regulations with a determination that as long as the stumps belong to her there are no regulations but if she is getting paid to dump the stumps then she has to follow the home business ordinances., asked if there are any regulations about stump disposal, looked at our ordinance nothing, Spencer got in touch with DES, there are regulations which have to be met, but not permits, if they are getting paid it’s a business,

If there are stumps off of her property its fine, but if they are coming from offsite its different,

brian@xcplanet.com

CJwalter@Tds.net

The Board discussed an ongoing issue with a kennel owner. They noted that the dog noise is not breaking any ordinance; however the owner has said that the dogs are for his own personal use and now a website where the dogs are being sold has been discovered. Dan Donovan stated that he will check at the website and then alert the Code Enforcement Officer.

A MOTION was made by Dan Donovan and SECONDED by Alec MacMartin Dogs? It was reported to police, not against ordinance, he indicated that he was raising the dogs for his own show, but now there is a website, and he will get to the police after checking it out.

Motion to adjourn the meeting at 10:56 p.m.

Voting: 7 ayes; motion carried.

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, Donavan/MacMartin 10:56