TOWN OF WILTON

PLANNING BOARD MEETING

Approved 10/3/07

 

DATE:            July 18, 2007

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:           Chairman Brian Sullivan, Vice Chairman Jeff Kandt, Matt Fish, Alec MacMartin, Recorder Heather Loewy Nichols, NRPC Rep. Steve Wagner, Lyndeborough Planning Board Chairman Tracey Turner, Lyndeborough Planning Board members Michael Decubellis, William Ball, and Robert Rogers, Lyndeborough Planning Board and Conservation Committee Member Pauline Ball, Milford Planning Board member Jeanette Landow, Lyndeborough Conservation Commission members Andrew Roeper, Scott Roper, and Stephanie Roper.

 

ABSENT:       Alternate Member David Deysher, Alternate Member David Holder, Alternate Member Bill Condra, and Board of Selectman Representative Dick Rockwood.

 

Chairman Brian Sullivan opened the Public Hearing at 7:05 p.m. He read the following public notice and proposed amendment.

 

PLEASE TAKE NOTICE that in accordance with NH RSA 675:6 and RSA 675:7, the Wilton Planning Board will hold a Public Hearing Wednesday, July 18, 2007 at 7:00 p.m. in the Town Hall Meeting Room (Court Room) to consider the following proposed amendments to the Subdivision and Site Plan Regulations for the Town of Wilton:

 

·        AMEND the Special Flood Hazard Areas sections 5.5 of the Subdivision and Site Plan Regulations with a mandatory update to remain eligible for government aid and assistance, comply with state and federal requirements, and Flood Map (FIRM) updates.

 

Steve Wagner noted that, at the town meeting in March, the Board made amendments to the flood zoning district to remain eligible for assistance from FEMA, and these proposals are essentially the same process for the regulations and the changes included wording pulled directly from the FEMA directives.

 

A MOTION was made by Alec MacMartin and SECONDED by Jeff Kandt to approve the proposed amendments.

Voting: 4 ayes; motion carried.

 

Chairman Brian Sullivan read the following proposed amendments:

  

·        AMEND the Pre-application sections 3.1 of the Subdivision and Site Plan Regulations to remove the reference to Design Review, leaving Conceptual Consultation as the only remaining optional pre-application review.  Furthermore, to:

·        REPEAL the Design Review sections 3.2 of the Subdivision and Site Plan Regulations.

 

 

Steve Wagner explained that the Board is proposing removing some complications currently including in the review process and noted that town council had approved the change.

 

A MOTION was made by Alec MacMartin and SECONDED by Matt Fish to adopt the amendment to section 3.1.

Voting: ayes 4; motion carried.

 

A MOTION was made by Alec MacMartin and SECONDED by Matt Fish to repeal section 3.1.2.

Voting; 4 ayes; motion carried.

 

The Board then discussed the minutes of their June 20, 2007 meeting. They requested the following changes be made:

·        On item #8; change “well drenched soil” to “well drained soil” and “Perham Road to Dale Street”

·        On page 8; change “August 11” to “July 11”

 

A MOTION was made by Alec MacMartin and SECONDED by Matt Fish to approve the minutes of June 20, 2007 as amended.

Voting: 3 ayes; motion carried with Brian Sullivan abstaining because he was not present at the meeting.

 

The Board decided to continue items not heard this evening to August 1st at 7:30.

 

1.      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. - Conditionally approved on June 20, 2007

 

Steve Wagner stated that Dennis LaBombard has submitted a letter noting that he had reviewed the plans in question and was satisfied with them.

 

The Board stated that this item is closed.

 

2.      Non-Residential Site Plan – WS Packaging – Lots J-110 and L-066 on Riverside     Way in the Industrial, Acquifer and Flood Plain Districts.  Applicant is proposing a      minor addition to the existing building - Conditionally approved on June 20, 2007

 

The Board stated that this item is closed.

 

3.      Household of Faith - Subdivision - Lot J-038, 16 Maple Street.  Applicant is        proposing four (4) condominium units in the Residential District. - conditional    approval of the application dependent on the association documents and plans        being received by the Board.

 

The Board stated that they have not received the required documents.

 

4.      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) lots into a single lot.

 

Walter Zuber appeared before the Board and Alec MacMartin explained to him that the Board needs a letter from the property owner’s attorneys explaining that there are no encumbrances on the separate lots.

 

A MOTION was made by Jeff Kandt and SECONDED by Matt Fish to continue the application to the August 15th meeting.

Voting: 4 ayes; motion carried.

 

5.      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.

 

Rich Coler, from Robert Todd, appeared before the Board for Mr. Poisson. He stated that the current property is located at 326 Captain Clark Road and includes 9.632 acres with 333 feet of frontage and that the proposed divided lots would include a lot with 1.11 acres and 275 feet of frontage with no wetlands and a lot with 7.517 acres and 58 feet of frontage including 2.4 acres of wetland. He noted that the new lot would require a wetland crossing which he proposed would be built over an existing woods access road which has already been approved by the Department of Environmental Services. He noted that state subdivision approval has been delayed by the recent dredge and fill approval but is in process and also that they have been granted a waiver for the wetland crossing by the Zoning Board.

 

Brian Sullivan read the Zoning Board decision.

 

Matt Fish stated that he would like to see on the plan exactly what kind of materials they will be using for the wetland crossing and also that a note referencing the Zoning Board’s decision is needed.

 

The Board, with Spencer Brooks’ input, discussed wording for notes regarding building envelopes and improvements outside the envelope within the setback in an effort to protect the wetlands. 

 

Matt Fish noted that 1.5” minimum gravel needs to be used for the 8% grade areas.

 

Minnie Peterson, who is representing the buyer of the new lot, noted that anything that the buyers will be doing will be organic and that they do not want to create a large lawn.

 

Bobbie Bentley, of 336 Captain Clark, stated that she was interested in the space between the new house and theirs and expressed her desire for a no cut zone.

 

The Board suggested that the applicant put in a vegetation buffer.

 

The Board requested a noted regarding the application of sand only over the wetland crossing.

 

A MOTION was made by Alec MacMartin and SECONDED by Jeff Kandt to continue the application to the August 15th meeting.

Voting: 4 ayes; motion carried.

 

6.      Cluster Subdivision –West View 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 explained that recently West View Farms had subdivided lot B-070-5 but that they also own lot B-020 on the Easterly side of Dale Street and South from Cram Hill Road. She noted that in order to alleviate confusion they are proposing changing the name of this site to Perham Woods. She explained that the site is in the Residential and Agricultural district and a part of it is in the 100 year flood plain. 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 and flowage easement from the acreage a net tract 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 there is one 800 foot long entrance onto Dale Street, called Perham Road, and the intersection allows for 500 feet of site distance in both directions. She also noted that they will be offering this road to the town. She explained that she spoke to Steve Elliot, the Road Agent and Ray Dick, Fire Chief and they both approved of the road as long as the utilities were underground, which the applicant is proposing. She explained that internally there will be four different roads including a loop road, a short 600 foot road and a road that goes to B-070-5 as required by the fire chief.  She noted that the proposed road names are Hemlock, Beech, Birch and Alder Lane and the names have been approved by the Board of Selectman. Dawn read a letter from Fire Chief Dick and Road Agent Elliot. She showed the Board preliminary house designs noting that they would be 30 feet by 40 feet with three bedrooms and a two bay garage. She further explained that the houses would be 50 feet from each other and that each unit would be serviced by onsite sewer and water with two houses for each septic system and well in order to have the least impact. She stated that they will try to keep as many of the existing trees as possible and noted that the recent logging trucks have not been coming from this property. She explained that she has not applied for the state permits yet as she needs to know the number of houses which will be allowed first.

 

Dawn Tuomala then introduced Mark West from West Environmental. Mark West stated that his company specializes in wetland and wildlife studies and inventories and he noted that he studied the entire 142 acres owned by Westview Farms with the goal of prioritizing wildlife habitats on the property and making recommendations to the applicant. He explained that the property has a flowage easement in the Southeast corner, a high value wetland resource area, and a tributary stream which acts as a wildlife corridor. He further explained that he identified plant communities and wetland communities and used the information to figure out where the most important habitats are. He stated that he ranked the forest land in between two marsh areas and the orchard as high value. Mark then described the different identified wetlands and stated that he was recommending a 100 foot buffer around the high value wetlands and shoreline cutting within those buffers and marking of the buffers. He also recommended that there should be minimal development on the high value upland, development should be as concentrated as possible, areas to be preserved should be labeled before any cutting occurs, and large trees should be persevered within the building development.

 

In response to a question from the Board, Mark West stated that he based his setback recommendation on a study that was completed recently which recommends 100 foot buffers to wetlands because it will protect most of the wildlife species. He also noted that recently the Department of Environmental Services just passed a buffer to prime wetlands of 100 foot.

 

In response to a question from the Board, Mark West stated that while the larger size white pines within the setback have been removed there is new vegetation coming up and the young pine can provide shelter for wildlife.

 

Matt Fish stated that he can not imagine being able to get an excavator between the houses while leaving any of the trees still standing.

 

Dawn Tuomala noted that the owner is not going to log and that any logging on this site was done by the prior owner. She then introduce Jeff Santacruce, of Green - Peterson, who performed a traffic study on the site.

 

Jeff Santacruce 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. However since he felt that this is a school peak and not a commuter peak he used the hour from 4-5 p.m. in his study. Currently in the morning 86% 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.

 

Matt Fish noted that this proposal would mean a 72% increase of traffic on Dale Street.

 

Mark West stated that this volume is still lower than Dale Street is designed to handle. 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

 

The Board opened the floor to public comment.

 

Robert Rogers, of the Lyndeborough Planning Board, stated that most of the traffic will be going to Lyndeborough to go to Market Basket, Milford, or Massachusetts and will not be going down Dale street.

 

The Board discussed this concern.

 

In response to a question from Tracey Turner, of the Lyndeborough Planning Board, the Board confirmed that the road which cuts through to the adjacent property is supposed to have a physical barrier which would require a lock or other such deterrence.

 

In response to a question from Andrew Roeper, of the Lyndeborough Planning Board, Jeff Santacruce stated that the sample was taken just south of the site.

 

Andrew Roeper suggested getting data on the North end and on Center Line Road.

 

Mike McGonigal, Wilton resident, questioned what the projected numbers of school age children would be and what school mornings would be like trying to get off of Dale Street with fifty extra students.

 

Jeanette Landow, of the Milford Planning Board, stated that Milford has concerns about North River Road traffic.

 

Matt Fish stated that he does not feel that this design is an appropriate use of the cluster, especially the Beech Lane section.

 

The Board discussed how to move forward with the application.

 

A MOTION was made by Alec MacMartin and SECONDED by Jeff Kandt to have a site walk on August 8, 2008 at 6:00 and continue the application to August 22, 2008.

Voting: 4 ayes; motion carried.

 

7.      Subdivision – T. Arthur Babineau Rev Trust – Lots D-039, D-040 and D-022 on Holt Road in the Residential & Agricultural District.  Applicant is proposing to re-subdivide the lots into two (2) new residential lots.

 

Sam Proctor appeared before the Board and explained that he added a note which stated that there is to be no development in the Aquifer district. He also noted that Wil Sullivan went to the Board of Selectman with regards to the bonds and as far as he was aware they had approved both the bonds and the easement and waived the impact fees, however he had been expecting Dick Rockwood to speak to this matter this evening and he was not present.

 

The Board disused whether they could give conditional approval subject to review by town counsel and or the Board of Selectman and verification that all bonds have been satisfied.

 

Charlie McGettigan noted that Holt Road is in terrible shape and no additional houses should be added until it is fixed.

 

The Board explained that they have no control over that as this is an already existing lot.

 

A MOTION was made by Alec MacMartin and SECONDED by Jeff Kandt to continue the application to the August 15th meeting.

Voting: 4 ayes; motion carried.

 

Jeff Kandt stated that he would walk the bounds.

 

8. 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.

 

Ray Shea, of Sanford Survey appeared before the Board and stated that last time he appeared before the Board they were discussing the 12.5% bonus and the Board requested more details before they could make the determination. He explained that he added individual lots around the houses and added grading to the plan. He further explained that the plan now included 22 units, preliminary septic, and drainage, and no longer has any duplexes. He also stated that he met with Fire Chief Dick and they are still working out the road widths but that he has added a fire pond and three hydrants to the plan and moved the buildings 50 feet apart as requested by Chief Dick. He stated that there would be three common septics and that they are looking at using a product called Clear Solutions which is essentially a sewerage treatment plant, so that the water that comes out is cleaner and the leach field does not need to be as large. He also noted that they are looking at a way to capture rain water from the roofs and reuse it.

 

The Board discussed the proposed changes in the road.  

 

Jeanette Landow, of the Milford Planning Board, stated that Milford is concerned about the shape of Issac Frye Road and drainage coming down it, noting that this is not a new problem. She stated that the Milford Town Administrator and the Wilton Road agent did a site walk of the road.

 

Ray Shea and the Board discussed the fact that the majority of the traffic, probably 200 trips a day, would go through Milford.

 

A MOTION was made by Alec MacMartin and SECONDED by Jeff Kandt to continue the application to the August 15th meeting.

Voting: 4 ayes; motion carried.

 

The Board discussed continuing their Capital Improvement Plan to the August 1st meeting. Also they noted that they need to discuss the LA Limo situation.

 

A MOTION to adjourn was made by Alec MacMartin and SECONDED by Jeff Kandt.

Voting: 4 ayes; motion carried.

 

Chairman Sullivan declared the meeting adjourned at 11:00 p.m.

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