TOWN OF WILTON

PLANNING BOARD MEETING

Approved 7/18/07

DATE: June 20, 2007

TIME: 7:30 P.M.

PLACE: Wilton Town Hall Courtroom

PRESENT: Vice Chairman Jeff Kandt, Matt Fish, Alec MacMartin, Alternate Bill Condra, Recorder Heather Loewy Nichols, NRPC Rep. Steve Wagner, and Board of Selectman Rep. Dick Rockwood.

ABSENT: Chairman Brian Sullivan, Alternate Member David Dreysher, Alternate Member David Holder

Vice Chairman Jeff Kandt called the meeting to order at 7:30 PM

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

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to the next meeting.

Voting: 5 ayes; motion carried.

2.) Site Plan Review - Household of Faith – Lot J-038 - 16 Maple Street – Applicant is proposing four (4) condominium units in Residential District.

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to continue the application to the next meeting.

Voting: 4 ayes; motion carried with Alec MacMartin abstaining.

3.) Subdivision – Paul Joseph Poisson – Lot H-124 on Captain Clark Highway in the Residential/Agricultural District. Applicant is proposing to create a new residential lot.

The Board noted that the applicant is waiting on an exception from the Zoning Board and that the Planning Board has been invited to a site walk on the following Saturday at 9:30 a.m.

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to the next meeting.

Voting: 5 ayes; motion carried.

Alternate member Bill Condra joined the board for Brian Sullivan.

4.) Site Plan Review - Good News Bible Church – Lot F-012-01: 27 Hutchinson Road. Applicant is proposing an addition to the building and parking lot.

Jeff Kevan, of TF Moran, appeared before the Board and explained that the following changes had been made to the application as requested by the Board.

• State septic approval was included.
• Stamped test pits were completed.
• Building square footage and heights are labeled on the plan.
• Note #6 on Sheet 3 was added specifying that the removable speed bump would be in place from April 15 to November 15.
• The legend was modified to show existing and proposed trees.
• An additional row of trees was added facing the abutters.
• A maintenance note was added on Sheet 4 with regards to annual cleaning and maintenance of catch basins.
• Note #16 on Sheet 3 was added to note the approved waivers.

Jeff also stated that he has sent a copy of the updated plans to Dennis LaBombard with details as to how the catch basins had been modified at his request.

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to accept the application.

Voting: 6 ayes; motion carried.

The board discussed whether these amended plans needed to be approved again by Dennis LaBombard.

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to conditionally approve the application subject to Dennis LaBombard verifying that the applicant has satisfied the questions he raised in his May 11 letter.

Voting: 6 ayes; motion carried.

Steve Wagner will forward a fee invoice to the applicant and the Planning Board Clerk.

5.) Cluster Subdivision – Joseph M. Wichert – Lot C-021-01: 252 Marden Road. Applicant is proposing to convert an existing duplex into condominiums.

Will Sullivan appeared before the Board for the applicant with a response to the Board’s questions at his last appearance. He stated that the well in question was drilled in October 1, 1984 and produces 75 gallons a minute and had been stuck by lightning. He explained that since the applicant does not own the adjacent lot, which is sharing the well, the note which the Board has requested would require the applicant to not only replace their own well, should the well fail, but also pay for half of the adjacent properties well also.

Dick Rockwood stated that he had raised the question and he was satisfied with the documentation that stated that the well produces 75 gallons a minute.

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to accept the application.

Voting: 6 ayes; motion carried.

A MOTION was made by Dick Rockwood and SECONDED by Bill Condra to approve the application.

Voting: 6 ayes; motion carried.

The applicant presented plans to the Board and Steve Wagner stated that he would forward a fees invoice to the applicant and to the Planning Board Clerk.

6.) High Mowing School – Temporary Structure Minor Site Amendment

Mike Wisniewski appeared before the Board for the applicant and explained that due to the previously approved construction the dining facilities have been disrupted and have been moved to a trailer that has a deck off of it. He stated that the trailer is 8’ x 48’ with a dining tent and wheels which are still attached. He also noted that the trailer will be moved as soon as the dining hall is operational. He stated that they will not be building a roof over it, they will be pulling power from a nearby transformer, and no extra outside lighting will be needed. Lastly he noted that the state board of health has made an inspection and will need to sign off on the facility before it can be used, that there will be no bathrooms on the premises and the facility is being tied into the existing sewerage system.

Bill Condra gave the Board a history of the situation by explaining that the electrician requested an electrical permit for a building that had not been permitted and by ordinance a building permit needs to be issued for buildings over two hundred square feet. However, he could not issue a building permit as he did not have an approved application for the building so he issued a stop work notice. He further explained that he then went back to the site a few days later and more construction had been completed so he requested that the Board of Selectman issue a cease and desist order as three phase power was already brought into the building before the permit was applied for. The Board of Selectman decided not to issue the cease and desist order.

The Board discussed possible fire department issues with the ingresses and egresses to the facility and the applicant stated that the fire chief has told them his requirements and the applicant has followed his requests. Bill Condra noted that no inspections had been completed to date because he is unable to inspect non-permitted work. In response to questions from the Board, the applicant stated that there would be four or five kitchen workers in the building at any given time, no classes would take place in the building, and no student interaction would occur in the building.

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to grant a waiver of site plan review for the portable cafeteria facilities upon the terms and conditions stated above.

Voting: 6 ayes; motion carried.

7.) Caveat Lot Consolidation – Walter S. Zuber & Carolyn Briglia – Lots H-083-01 and H-083-04 on Stephens Road in the Residential & Agricultural District. Applicants are proposing to merge said two (2) into a single lot.

Alex MacMartin stepped off the Board as a voting member at 8:20 p.m.

The applicant was called for during this time and again at 10:00 p.m. and they did not make themselves known.

Alex MacMartin returned to the Board as a voting member at 8:21 p.m.

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to continue the application to the July 18, 2007 meeting.

Voting: 5 ayes; motion carried with Alec MacMartin abstaining.

8.) Cluster Subdivision – Westview Farms, LLC - Lots B-020 on Dale Street in the Residential & Agricultural, Wetlands and Flood Plain District. Applicant is proposing a 29 unit Cluster Subdivision on a 61 acre parcel with 38+ acres of open space.

Dawn Tuomala, of Monadnock Survey, appeared before the Board for the applicant. She stated that the last subdivision the Board had dealt with for this applicant was on the adjacent property and that this property was just South from Cram Hill Road, and in order to minimize confusion they were proposing that the name be change to Perham Woods. She explained that the property has well drained soils, a flowage easement and is partially in the 100 year flood zone. She explained that the applicant is proposing a 29 house cluster development which requires 15 acres of land and this site includes 61 acres. She further explained that they are proposing set backs of 105 feet which is double that of the current ordinance regulation. She noted that the site has two significant wetlands and that they are proposing 100 foot buffers around these areas which is also double the current regulations. She explained that once one removes the wetlands from the acreage a net track area of 47.6 acres remains which according to the cluster ordinance would allow for 23.8 units and the applicant is asking for a 25% bonus as allowed in the ordinance, or 6 additional units, bringing the total to 29 units. She further explained that the proposed site plan includes 44 acres of open space, not including the common areas, which exceeds the 38.4 acres as required in the ordinance. She noted that the entrance on Dale Street allows for 500 feet of site distance in both directions and is 800 feet long. She explained that she spoke to Steve Elliot, the Road Agent and Ray Dick, Fire Chief and they both approve of the road as long as the utilities were underground, which the applicant is proposing. She stated that the road would be built to town regulation standards and to be accepted by the town. She also explained that the applicant is proposing four small roads to connect the cluster and that they would be 16 to 20 feet in width with 2-ft shoulders and one wetland crossing. She noted that a road, which connects into the adjacent lot per the Fire Chief’s request, would be gated. She stated that the landscaping plan for each individual house is still being worked out and that they are saving as many trees as possible. She noted that the lots would be about ½ acre in size with the houses at least 50 feet apart as requested by the fire chief and as close to the road as possible. She explained that they are proposing to give each house there own septic systems but combine leach fields, which have already had test pits dug, from two to three houses and they are proposing that there be one well for every two units.

In response to questions from the Board, Dawn stated that the documents have not been finalized with restrictions on what each owner can do to their unit and in the open spaces.

The Board discussed regional impact issues.

A MOTION was made by Matt Fish and SECONDED by Neil Faiman to declare this site to have regional impact on Milford and Lyndeborough and that they should be notified accordingly.

Dawn asked that the Board to postpone voting until they had heard about the completed traffic study and the Board agreed.

Jeff Santacruce, PE, of Greenman – Peterson, Inc., completed a traffic impact and safety assessment of the project. He explained that first in order to get a feel for the existing traffic on the roadway he put a traffic recorder on Dale Street and collected data on a week day and a weekend day in May. He found that approximately 400 cars a day travel on Dale street and the peak hour of traffic was 7-8 a.m. and again at 2:45 p.m. Currently in the morning 85% of the traffic heads South and in between 4-5 p.m. 60% of the traffic comes from Wilton. He stated that on Saturday it was a 50/50 split. He explained that while the posted speed is 35 mph the average speed is 36 mph with 85% doing less then 42 mph. He explained that to the North of the proposed road there is a 475 feet intersection site distance and towards the South the site distance is 500 feet or more. He further explained that towards the North there is a berm, which they are proposing to remove, and that this would allow the intersection to meet local regulations and ASHTO regulations for both the posted speed and 42 mph. He stated that he calculated that cars leaving and turning into the subdivision would cause no delays to the main street. He also noted that he did not propose sidewalks on the site because there is not a high pedestrian to vehicle interaction. He stated that he made sure all the intersections could handle delivery vehicles without encroaching on the other lane and emergency and moving vehicles can traverse the roads without an issue. Also he noted the he was proposing a stop sign and a thermal stop line. Lastly he stated that he felt that the regional impact would be on Wilton not Lyndeborough.

Alec MacMartin suggested that people in this new development may be going to Milford and therefore will go through Lyndeborough and into Milford.

Mike McGonegal, a resident on Dale Street, noted that when he travels from Dale Street it is a flip of the coin as to whether he goes through Wilton or through Lyndeborough.

Voting: 5 ayes; 1 naye (Dick Rockwood); motion carried.

The Board discussed whether is would be appropriate to hear about the wildlife study without the other regional impacted town boards present.

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to hear the results of the study at this meeting.

Voting: 2 ayes; 2 nays; 2 abstentions (Fish and Faiman)

Mark West, from West Environmental, stated that the goal of the study was to evaluate the habitat on the entire lot, including the remainder of the property. He explained that in Wilton there is a tributary to Stoney Brook which has a high habitat value as it provides a corridor town wide for wildlife and on this lot and abutting this lot there is a finger tributary. He stated that he looked at the physical features of the lot, forest and wetland communities on the lot, and the value of the habitat they provide and then tried to prioritize the areas. These areas were then broken down into sub-areas and then ranked as high, medium, and low. He explained that the highest ranking areas are the orchard and the peninsula into the marsh. He stated that this larger wetland area has habitats for amphibians, birds, and turtles and therefore is a high value habitat while the other marsh is not as complex but does provide important habitat and streams which lead into the major wetland. He stated that he was recommending that the high value wetlands be protected with a 100 foot buffer and that the major vernal pool be protected with a 75 foot buffer. He also is recommending limited development of the orchard and peninsula and to concentrate development as much as possible while establishing the limited cut zones before anything else is cut and preserving as many mature trees as possible.

Dawn Tuomala gave the Board letters from the Board of Selectman approving the road names, from the Fire Chief with his recommendations which have been included on the plan, from the Road Agent, and regarding the test pits.

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to continue this application to the July 18^th meeting with appropriate notice to Milford and Lyndeborough.

Voting: 6 ayes; motion carried.

9.) Subdivision – T. Arthur Babineau Rev Trust – Lots D-039, D040, and D-022 on Holt Road in the Residential & Agricultural District. Applicant is proposing to re-subdivide the lots into two (2) residential lots.

Sam Proctor appeared before the Board and explained that D-039 is a very small lot and that originally they had gone to the Zoning Board to get a building lot exception and instead received a variance to re-subdivide with 124 feet of frontage. He explained that the reconfigured lots would be 2.6 and 2.9 acres whereas they are currently 5+ acres and less then a quarter of an acre. He explained that lot D-22 ran across the road and that DES has required that D-22 be noted as a non conforming lot until the septic has been finalized which the applicant is not doing. He further explained that the applicant has gained approval to hook up to town water as long as they extend the pipe 60 feet and add a hydrant at a cost of about $9,000. He also noted that there is an old turn around on the property used by snow plow vehicles which the road agent has approved moving to lot D-22, at the cost of $3,000 for stumping, with a permanent easement, unless the whole road is extended, to be given to the town. He also had a letter from the Fire Chief approving the subdivision as long as the water line is extended.

The Board stated that they would like a note on the plan which states that the Board is not making any representations that D-22 is a buildable lot and a note that states that there is to be no building within the aquifer district building envelope.

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to accept the application.

Voting: 6 ayes; motion carried.

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to July 18^th.

Voting: 6 ayes; motion carried.

10.) Non Residential Site Plan – WS Packaging – Lots J-110 and L-066 on Riverside Way in the Industrial, Aquifer and Flood Plain districts. Applicant is proposing a minor addition to the existing building.

Mark Vance, from TF Moran, last appeared before the Board in March for a pre-application and stated that they are proposing an addition to the building of 280 square feet to enable Label Art to enhance their process. He explained that this is a one story shed type structure on an existing concrete slab which will allow WS Packaging to add an equipment washing machine and some storage, noting that it will not create any external noise. In response to a question from the Board, he explained that the door is to allow for entry of the machine itself as it is quite large. He stated that he has met with the Conservation Commission and the Souhegan River Local Advisory Committee and both groups approved of the project. He stated that he is asking for waivers of issues that are not being affected such as topography.

The Board noted that the word waiver needs to be added to Note #10 and that the waivers are granted if approved.

In response to a concern from the Board, he stated that the water coming out of the machine will be less volume and cleaner water than it is now and that they only use water based solvents. There is nothing toxic in the water just residual water based inks.

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to grant waivers to regulation 6.3c, e, i, f, l, q, r, and x.

Voting; 6 ayes; motion carried.

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to accept the application.

Voting: 6 ayes; motion carried.

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to conditionally approve the application provided that Note #10 is corrected per Steve Wagner and the bollards are noted on the plan.

Voting: 6 ayes; motion carried.

Steve Wagner will forward a fees invoice to applicant and Planning Board Clerk.

11.) Robert Owens – Map F-021 Route 101: Site Plan Review

The applicant was not present.

12.) Mark DeMontignay – D-084 off Pead Hill Road: Residential Subdivision

The applicant was not present.

13.) Provost 1993 Trust – Lot B-014 Cram Hill: Subdivision

Matt Fish stepped off the Board as a voting member at 10:00 p.m.

Tony Basso, of Keach Nordstrom, appeared before the Board for the applicant. He stated that he had been before the Board previously with a different design however he was unable to get the exceptions he needed from the Zoning Board to have three wetland crossings. He explained that his new design now included two cul-de-sacs one being in compliance at 600 feet with no wetland crossing impact and the other being 1100 feet in length with a small wetland crossing. He explained that this new design attempts to limit the environmental impact as it is no longer impacting the existing hill and the plan now only has 17 lots.

The board discussed their concerns of granting a waiver along the newly identified high importance wetland.

The board discussed options the applicant would have if they were to use a 600 foot road.

Matt Fish returned to the Board as a voting member at 10:50 p.m.

The Board discussed adding an additional meeting per month and the need for a public hearing.

Steve Wagner noted that he will be unavailable for the August meeting.

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin that the Board hold a public hearing on flood regulations needed to adhere to FEMA statutes and design review changes on July 18, 2007 at 7:00 p.m. and to hold a work session meeting on July 11, 2007 at 7:30.

Voting: 6 ayes; motion carried.

Dick Rockwood suggested that he would like to have an agenda for the work session.

A MOTION was made by Bill Condra and SECONDED by Neil Faiman to adjourn the meeting.

Voting: 6 ayes; motion carried.

Vice Chairman Kandt declared the meeting adjourned at 11:05 p.m.

<Back to Planning Board Home Page>