TOWN OF WILTON

PLANNING BOARD MEETING

Approved 10/3/07

 

DATE:            August 15, 2007

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:     Chairman Brian Sullivan, Vice Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, Alternate Member David Holder, Recorder Heather Loewy Nichols, and Board of Selectman Representative Dick Rockwood (arrived at 7:45 p.m.)

 

ABSENT:       Matt Fish, Alternate Member Bill Condra, and NRPC Representative Steve Wagner.

 

Chairman Brian Sullivan called the meeting to order at 7:35 p.m.

 

1.      Household of Faith– Subdivision - Lot J-038, 16 Maple Street.  Applicant is proposing four (4) condominium units in the Residential District.

 

Chairman Brian Sullivan will follow up as to whether the conditions of this application have been met.

 

2.      Non-Residential Site Plan – Timothy LaFreniere/340 Gibbons Highway LLC – Lot F-026 on Route 101 in the Commercial District.  Applicant is proposing a hot dog stand.

 

Kris Picard appeared before the Board noting that at the last meeting the application was approved but after a discussion with Steve Elliot he understood that he could revise the plan and add more parking spaces. The Board discussed the proper procedures to reopen the application and advised the applicant to submit the new plans to Steve Elliot and then see the Board at the following meeting.

 

 A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to the September 19th meeting.

Voting: 6 ayes; motion carried.

 

3.      Lot Line Adjustment – Town of Wilton/E & T Venture, Inc.  Lots L-025-01 and L-027 on Gibbons Highway in the residential, flood plain and aquifer protection districts.  Applicant is proposing to add .443 acres from Lot L-025-01 to L-027.

 

No applicants were present. The Board agreed that the appropriate notes had been added to the plan and the Chairman approved the application.

 

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.

 

Alec MacMartin stepped off the Board as a voting member at 7:47 p.m.

 

A MOTION was made by Jeff Kandt and SECONDED by Brian Sullivan to continue the application to the September 19th meeting.

Vote: 5 ayes; motion carried.  

 

Alec MacMartin returned to the Board as a voting member at 7:49 p.m.

 

5.      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 noted that the applicant is waiting for a review of the easement document by Town Council.  

 

Chairman Brian Sullivan read a letter from the Board of Selectman which stated that the Board of Selectman agreed to the proposed consolidation and do not feel that the condition of the road should have any effect on the approval of the plan and also that the easement has been approved.

 

The site walk was completed by Jeff Kandt.

 

A MOTION was made by Alec MacMartin and SECONDED by Jeff Kandt to accept the application.

Voting: 6 ayes; motion carried.

 

 Chairman Sullivan asked for public comment and saw none.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to conditionally approve the application subject to verification that the bonds are posted for the turnaround and for the water extension as set forth in the letter from the Board of Selectman dated July 31, 2007; and subject to approval by Town Council of the turn around easement language. 

Voting: 6 ayes; motion carried.

 

6.      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 and explained that the following items had been added to the plan as requested by the Board:

 

·        Detail on the plan showing which materials should be used for the wetland crossings.

·        Detail on the plan stating that 1.5” minimum gravel should be used on the 8% grade area.

·        In the interest of the Bentley’s, who are abutters, Note #16 has been added which states that no improvements should occur outside the building setback.

·        A note which states that no salt shall be used on the wetland crossing.

·        A note with regard to the state subdivision approval.

 

The Board and the applicant discussed whether Note #16 should have more specific details about specific cutting allowances.

 

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

Voting: 6 ayes; motion carried.

 

After a brief discussion between the Board, the owner of the property, and the buyer’s representative, a MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to table this item until later in the meeting.

Voting: 6 ayes; motion carried.

 

After this item was recalled, Rich Coler stated that the applicant would like to strike all references to a no-cut zone from the plan and proceed with the application by noting that they have met all other requests of the Board and that this site buffers conservation land, which allows for a vegetation buffer, and a 125 foot buffer exists on the Bentley’s site which is under the Bentley’s control.

 

A MOTION was made by Alec MacMartin to continue the application in order to give the abutters a chance to respond to the change in the plan. After some discussion the motion was NOT SECONDED and therefore DROPPED.  

 

A MOTION was made by Dick Rockwood and SECONDED by David Holder to approve the plan as presented without any further modifications.

 

Spencer Brooks asked whether the Board has discussed where the utilities would be coming in.

 

The Board discussed whether Dennis LaBombard has reviewed the plan with regards to the storm water calculations and runoff and whether it should be done.

 

Voting: 4 ayes (Rockwood, Holden, Sullivan, Kandt) 1 nay (MacMartin), 1 abstention (Faiman); motion carried.

 

7.      Release of Excavation Permit Renewals  - Tom Quinn - Lots E-022, E-030, E-031 and E-032 off Greenville Road & Lot B-005 off Forest Road.

 

Tom Quinn appeared before the Board and stated that he has not begun excavation on lot B-005 yet but some tree removal has begun, the appropriate bonds have been turned in already, and the current permit expires in October. 

 

Sullivan suggested that a site inspection would be appropriate.

 

Tom Quinn stated that he has also turned in the bond for lots E-022, E-030, E-031 and E-032, the site review has not been completed on these lots, and this permit expires in September.

 

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to conditionally approve the permit for lots E-022, E-030, E-031, and E-032 subject to a satisfactory site walk.

Voting: 6 ayes; motion carried.

 

8.      Sign Application – Robert BradgonLot F-031-02; 109 Intervale Road

 

The applicant was not present. Chairman Brian Sullivan read the application details noting that the proposed sign would be an un-illuminated, 8’x10’, free standing, plywood sign to be place on Route 101.

 

The Board discussed whether the applicant has a permit for a home occupation or commercial use at this site and determined that he does not.  

 

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to deny the application due to the fact that the sign application is for a commercial or home occupation for which there is no approval on file for the lot in question.

Voting: 6 ayes; motion carried.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to amend the above motion to note that the application was denied due to the violation of regulation 16.1.h1 with regards to prohibition against off permission advertisements.

Voting: 6 ayes; motion carried.

 

9.      Building Permit Approval - Mark D’Alessandro - Lot E-014-02; Russell Hill Rd

 

Mark D’Alessandro appeared before the Board and explained that he has an approved subdivision plan which has wetland setbacks of 75 feet but the town ordinance only states that 50 feet are necessary and he would like to have the setbacks on his plan changed. The Board discussed the possible reasons for the 75 foot setback on the approved plan, noting that the Zoning Board Administration might have been more open to granting the variance due to the larger setbacks. The Board suggested to the applicant that he may need to go back to the Zoning Board and request a new variance based on the new setbacks.

 

10.  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 22-unit cluster subdivision:

 

Donald Sienkiewicz appeared before the Board and stated that he is asking for approval of their preliminary plan with 22 units. He gave the Board copies of the existing easements for the Four Corners Lane common driveway, the second common driveway which runs across two of the lots, and for PSNH. He also gave the Board a description of proposed condominiums declarations and trails easement. He also stated that he would like the Board to approve the density bonus of 12.5%.

 

The Board discussed each of the criteria for the density bonus with the applicant.

 

The applicant committed to shifting the entire cluster by a foot if the Board so desired.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to determine that the applicant is in accordance of ordinances 1, 3, 4, 7, and 8 in the cluster division regulations and therefore should be granted a 12.5% density bonus. The Board noted that this decision was based on the applicant’s representation that they will be providing a buffer of at least 106 feet on all sides of the site.

Voting: 5 ayes; motion carried (with Dick Rockwood abstaining)  

 

The Board discussed with the applicant the fact that the plans now need to go out for engineering review and whether an approval of the preliminary plan is appropriate. 

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to continue the application to the September 19th meeting.

 

11.  Other Business

 

The Board discussed possible candidates to replace David Deysher.

 

The Board discussed that they would like all conditional approvals to be null and void after 30 days. If the conditions have not been met in 30 days then the application returns to its place on the agenda.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to adjourn the meeting.

 

Chairman Brian Sullivan declared the meeting to be adjourned at 10: 05 p.m.

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