TOWN OF WILTON

PLANNING BOARD MEETING MINUTES

Approved 5/16/07

 

DATE:            April 18, 2007

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:     Chairman Brian Sullivan, Neil Faiman, Jeff Kandt, Recorder Heather Loewy Nichols, and NRPC Rep. Steve Wagner, Alternate Member David Holder arrived during the meeting.

 

ABSENT:       David Deysher

 

Chairman Brian Sullivan called the meeting to order at 7:32 p.m. and

 

 

1.)        Subdivision- Provost 1993 TrustLot B-014 Cram Hill Road. The applicant is proposing a 19 lot subdivision and a new public road.

 

Matt Fish stepped off the Board as a voting member at 7:35 p.m.

 

Brian Sullivan stated that this issue requires both the Wilton and Lyndeborough Planning Boards and accordingly he called for a motion to continue this issue to a joint meeting on May 9, 2007 at 7:30 p.m.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to continue this application to May 9, 2007.

Voting: 4 ayes: motion carried

 

The Board noted that another site walk will be scheduled when there is no snow on the ground.

 

Matt Fish returned to the Board as a voting member at 7:40 p.m.

 

2.)        Sign Application – Florence Rideout Elementary School

 

Giselle Knight appeared for the Florence Rideout Parent Teachers Organization and explained that the PTO would like to put a bulletin board on the side of the Florence Rideout Elementary School. After questions from the Board she explained that it was a structure in which the School could place printed announcements. The Board discussed whether the proposed structure qualified as a sign.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman that the proposed structures does not meet the definition of a sign as stated in zoning ordinance 16.2 and as such is informational for onsite usage only as long as it is unlit and placed at the school as stated on the application.

Voting: 5 ayes; motion carried.

 

At 7:50 p.m. Alternate David Holder joined the Board for David Deysher.

 

3.)        Subdivision – Martha J. GreeneLot B-056 on Curtis Farm Road. 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 7:52 p.m.

 

Dawn Tuomala, of Monadnock Survey, Inc, explained that since this application was last before the Board in February she had changed the distances on the detail as requested by the Board and had received a review from Town Counsel. She explained that she had added the verbiage about the leach field line in the covenances, and also note #15 concerning the stone wall between lots B56-1 and B56-2.

 

A MOTION was made by Neil Faiman and SECONDED by Alec Macmartin to conditionally approve the application upon receipt of written approval from Town Counsel.

Voting: 5 ayes; motion carried.

 

Jeff Kandt returned to the Board as a voting member at 8:04 p.m.

 

4.)        Subdivision - Mathew R. HarwoodLot L-028 – 235 Gibbons. Applicant is proposing a 2 lot subdivision with duplex residential units.

 

Matt Fish stepped off the Board as a voting member at 8:05 p.m.

 

Dawn Tuomala, stated that she revise note #9 and #16 as requested and she added note #15 regarding the status of encroachments. She also noted that the bounds have not been walked and she had received a review from Town Counsel which included concerns about the declaration of the driveway and the trail easement. Lastly she explained that she still needed Sewer and Water to sign off on the plans which has been delayed due to the storm and she gave the Board the DOT permit.

 

The Board suggested that note #9 should be more specific about referencing the fact that more work needs to be done in terms of soil testing before excavation can begin.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to May 16, 2007.

Voting: 5 ayes; motion carried.

 

Matt Fish returned to the Board as a voting member.

 

5.)        Site Plan Review and Sign Application – Craig ChecaniLot F-017 – 40 Intervale Road. Applicant is proposing a change of use to an office.

 

Craig Checani appeared before the board, and explained that since his last appearance he had removed three parking spots and changed the hours of operation on the plan as requested by the Board. The Board suggested that the word “parking” needed to be added to note #2 which the applicant did during the meeting.

 

A MOTION was made by Neil Faiman and SECONDED by Jeff Kandt to accept the plan.

Voting: 6 ayes; motion carried.

 

A MOTION was made by Neil Faiman and SECONDED by Jeff Kandt to approve the application with addition of the words “parking” in note 2, and the striking of the “t” in “Locust.”

Voting: 6 ayes; motion carried.

 

The Board then took up the sign permit application reviewing that it is an unlit sign attached to building which is 3 square feet and constructed of wood and would be 7 feet above grade.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to approve the sign permit.

Voting: 6 ayes; motion carried.

 

6.)        Site Plan Review – Good News Bible ChurchLot F-012 - 27 Hutchinson Road. Applicant is proposing an addition to the building and parking lot.

 

Paul Carideo of TF Moran appeared before the Board explaining that his firm has been going back and forth with Mr. Lombardo regarding drainage and that he received a decision from Zoning Board. The Board discussed their need to see the RSA’s that refer to the topical accuracies of the plan with regard to a note the applicant had placed on the plan. Also the Board and the applicant discussed whether they really need 250 paved parking spots or if some other kind of pavement or perhaps a grass overflow could be used. Lastly they discussed the use of landscaping buffers between the site and residential abutters and wetland areas on the site.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to the May 16, 2007 meeting.

Voting: 6 ayes; motion carried.

 

 

7.)        Subdivision – Judith A. BrightmanLot C-021-01 – 252 Martin Road. Applicant is proposing to convert an existing duplex to condominiums.

 

Joseph M. Wichert appeared before the Board for the applicant. He stated that the letter from the Fire Chief should have been sent in already and that he has received state subdivision approval and had added parking locations on the plan. There was discussion among the Board as to whether this was a condominium issue or a subdivision ordinance issue. The applicant explained that as he has understood it, according to the Boards ordinances, it was a subdivision issue.  In response to a comment from the Board Joseph stated that he could change the proposed name if needed. The Board stated that they needed a cross reference between condominium documents and easement documents.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to the May 16, 2007 meeting.

Voting: 6 ayes: motion carried.

 

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

 

Alec MacMartin stepped off the Board as voting member at 9:03 p.m.

 

Donald Sienkiewicz appeared before the Board for the applicant. He stated that he his goal for this evening was to have the Board decided on a unit count. He explained that this was his third formal hearing and last month they were able to decide on the length of the road. He further explained that he is asking for wavier of cluster regulation C-2 which deals with density bylaw provisions and provides for a bonus density from 12.5% up to 25%. He noted that he has tried to get additional land from the abutters but has been unsuccessful as of yet. Donald stated that he believes that the site should have a baseline density of 19 units due the 39.5 acres of dry land present and went over each of the regulation requirements with the Board as his proof.

 

A MOTION was made by Neil Faiman and SECONDED by Jeff Kandt that based on the explanations heard tonight with regard to regulation C-2-A that the base line density for the proposed development is 19 units.

 

After discussion the motion was withdrawn.

 

A MOTION was made by Neil Faiman and SECONDED by Brian Sullivan that the board find that the baseline density permitted by regulation C-2-A is a density of 2 units per acre applied to an area of 39.5 acres or for this application 19.75.

Voting: 5 ayes, motion carried.

 

Donald then went on to discuss regulation C-2-B which deals with the bonus density the Board can approve. As before he went through each regulation and discussed his reasoning as to why the bonus should be granted.

 

Donald then called on Ellen Campbell of Windy Hill Associates to speak about median housing costs in Wilton and her opinion that the Board’s ordinance on diversity and low income housing could not be met.

 

The Board discussed the intent of the clustering restrictions.  

 

Kim Handers, a prospective owner in the proposed subdivision spoke to the fact that the First Light Farm’s intention is not to make money but rather to create a community.

 

The Board requested perspective drawings from Issac Frye. Also the Board discussed whether the applicant should come to the Board with more specific plans and the issues which might be dealt with before he spent the money on more specific plans such as whether the board has the ability or the motive to grant the waiver as requested. The Board discussed speaking to Town Counsel to get his opinion as to whether the Board has the power to waive the requirement. The Board discussed treating the Town of Milford as an abutter and getting Town Counsel’s recommendation on how to deal with regional impact, however after further discussion the regulation was found which stated that abutting towns should get normal abutter privileges.

 

The applicant stated that he would be happy to put his arguments for the waiver in writing for the Board and the Board stated that they will communicate with him about Town Counsel’s opinion.

 

A MOTION was made by Matt Fish and SECONDED by Neil Faiman to continue the application to the May 16, 2007 meeting.

Voting: 5 ayes; motion carried.

 

Alec MacMartin returned to the Board as a voting member at 10:55.

 

The Board decided to have the next meeting on May 2, 2007 at 7:30 p.m. as they would be unable to take any new business tonight.

 

9.)        Excavation Renewal Request – Leighton A. WhiteLot E-107

 

 Alec MacMartin stepped off the Board as a voting member at 10:59 p.m.

 

The Board discussed what happens if a Bond does not renew and noted that this was not necessarily an issue with this particular application. Matt Fish stated that he inspected the site and noted nothing except some run off due to the major storm.

 

A MOTION was made by Matt Fish and SECONDED by Jeff Kandt to renew Leighton A. White’s gravel pit permit for one year.

Voting: 5 ayes; motion carried.

 

Alec MacMartin returned to the Board as a voting member at 11:05 p.m.

.

10.)      Kenneth CadrainLot L-005 Seagrove Road

Kenneth Cadrain appeared before the Board and explained that he owned the old Abbot Barn and that the deed says that it cannot be used as a residence but he noted that he can now get water and sewer and the necessary acreage to conform to the primary residence ordinances and questioned whether he could do so. The Board suggested that he look in the old minutes to see what the original reasoning was and that he may have to track down the descendants of the property.

 

A MOTION was made by Brian Sullivan and SECONDED by Neil Faiman to appoint Jeff Kandt as Vice Chairman.

Voting: 6 ayes, motion carried.

 

A MOTION was made by Jeff Kandt and SECONDED by Alec MacMartin to adjorn the meeting.

Voting: 6 ayes, motion carried.

 

Chairman Sullivan declared the meeting adjourned at 11:19 p.m.

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