TOWN OF WILTON

PLANNING BOARD MEETING MINUTES

Approved 3/07/07

DATE: January 17, 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, Secretary Carla Walter and NRPC Rep. Steve Wagner

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

OTHERS: Barbara Pinnate, James Kukulka, Mark Nelson, Leslie Thigpen, Sam Proctor, Spencer Brookes, Dawn Tuomala, Bill Davidson, Charles McGettigan, James McGettigan, Bob McGettigan, Karl Zhan, Harold Kennedy, Raymond Shea, Peter Bennett, Gail Hoar, David Crane and others.

The AGENDA was as amended as follows:

· Barbara Pinet – Erosion and sedimentation control plan for driveway slope disturbance on Lot A-064 Burton Highway per Ordinance Section 14.3.4

· 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.

· Harold James Kennedy – Subdivision plan of land for Lot F-003 into two (2) lots

· John E. Kukulka –Site Plan Review for Lot F-030-02 on Intervale Road

· Subdivision – Dorothy S. McGettigan Revocable Trust – Lot F-102 on McGettigan Road

· Subdivision – E.J. Abbot Trust – Lot K-105 on Pine Valley and Maple Streets

· Subdivision – Martha J. Greene – Lot B-056 on Curtis Farm Road

· Subdivision – Don and Dorothy Taylor – Lots A-058-06 and C-032 on Duggan Road and Bennington Battle Trail

· 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.

· Sam Proctor – Lots D-039 and D-040 – vacant land

· Adjournment

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

1.) Barbara Pinet – Erosion and sedimentation control plan for driveway slope disturbance on Lot A-064 Burton Highway per Ordinance Section 14.3.4

Barbara Pinet and Leslie Thigpen last appeared before the Board with Bill Davidson, Meridian Engineering on October 18, 2006. At that time the Board asked for revisions to their proposed driveway plan.

Bill explained the driveway is 14’ wide and ensured the Board drainage will not be crossing into Mill Brook. He distributed changes of the plans to the Board members noting the road is now tilted to flow towards the East Side vs. the previous plan where the road crowned to the east and west. He also noted a rip/rap swale on the west side, siltation fences and stone check dams. Furthermore, fertilizer detail has been added to Note 6.

The Board requested more detail on the stone retaining wall. Discussion took place regarding how this lessens the impact of the driveway construction without getting too close to the adjacent sensitive areas. The Board also requested a small typographical error be fixed on the fill section detail.

Spencer Brookes stated the Conservation Commission is more satisfied with these plans and asked if the driveway will be paved or gravel. The Board suggested using 1.5” dense pack vs. .75”. Bill agreed. The Board decided the plan does not need independent review and would like detail on the plan to be specific in regard to the 1.5” dense pack. Bill stated he believed this would be sufficient to avoid common erosion issues of a gravel driveway. He concluded gravel driveways are typically graded every three- (3) years, which will also help maintain the driveway.

The Board asked for abutter comments. There were none.

A MOTION was made by Neil Faiman and SECONDED by Dan Donovan to accept the plan.

Alex MacMartin made a MOTION to AMEND the motion to identify the plan as Map 4 Lot 64, Barbara Pinet, Erosion Control Plan dated September 25, 2006 and revised 1/17/07 and such subsequent plans revised to include the conditions of approval. AMENDMENT SECONDED by Dan Donovan.

Voting: 6 ayes; motion carried.

A MOTION was made by Alex MacMartin and SECONDED by Dan Donovan to conditionally approve the above noted plan subject to the detail of the driveway construction.

Voting: 6 ayes; motion carried.

The Board asked that the minutes of the meeting be recorded if possible. They also asked for eight (8) copies of the plan be returned to the Town with a Mylar and fees payable to the Town for engineering reviews and Hillsborough County Registry of Deeds for recording of the approval in the amount of $26.00. This recording ensures if there is a future buyer for this property, they would be aware of the restrictions detailed in the erosion control plan.

NRPC fees to be determined.

Barbara and Bill thanked the Board for their time. There was no further discussion on the matter.

2.) 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.

Bill Davidson appeared before the Board for Chad Branon of Meridian who originally presented this application at the November 15, 2006 meeting. He noted LaBombard Engineering LLC has given their second review of the subdivision and offered the following revisions:

1.) Verification the 87ft radius in the cul-de-sac is sufficient for the largest fire vehicle. Also Note 17 on sheets 1 and 2 indicate a road length waiver that was previously granted.

2.) Retention Basins 1 and 2 were added to the plan.

3.) Note 18 to include when retention basins are built they shall be built in conjunction with the road construction to avoid confusion later. In addition, an easement is indicated for retention basin 2.

4.) Exfiltration within the Retention Basins calculations were discussed and agreed upon.

5.) EPA Notice of Intent was added as Note 9.

Town Counsel confirmed that the previously existing easements were relinquished. The Board suggested the applicant’s attorney draft a warrant article for Town Meeting and the Selectmen’s release.

The Board also stated some sort of “industrial use only” should be stipulated on the plans and to check on the Town Counsel’s review of the easements.

Upon review, the Board asked for the following revisions:

1.) Plans to note Industrial Use only

2.) Note 12 to expand on the Site Review regulations.

3.) Include “pedestrian” in the proposed conservation easement.

A MOTION was made by Brian Sullivan and SECONDED by Alex MacMartin to

continue the hearing to February 21, 2007.

Voting: 7 ayes; motion carried.

Bill thanked the Board for their time. There was no further discussion on the matter.

4.) Harold James Kennedy – Subdivision plan of land for Lot F-003 into two (2) lots

Matt Fish stepped off the Board as a voting member at 8:19 p.m.

Raymond Shea last appeared before the Board on December 20,2006 to seek approval for a 2 lot subdivision. The Board stated they had been on a site walk on January 6, 2007. He discussed raising the driveway to reduce a 25’ cut to a 17’ cut and not removing as much gravel and possibly reconfigured the front and back lots. It was determined that none of these alternatives were a good fit for the applicant. Raymond distributed a traffic study completed during the ZBA application period. He stated Isaac Frye Highway was included in this study.

A MOTION was made by Dan Donovan to deny the application due to RSA 155:E:2A and the exception to permit excavation. The excavation of 90,000 CY of material cannot be argued to be found to be exclusively incidental to construction of a house.

This MOTION was NOT SECONDED.

A MOTION was made by Dan Donovan and SECONDED by Alex MacMartin NOT to accept the Subdivision Plan of Land for Harold James Kennedy, dated August 28, 2006 and last revised on November 28, 2006 as it was exclusively incidental to construction.

Voting: 4 ayes; 2 nays (Jeff Kandt and Neil Faiman); motion carried.

The Board asked Carla Walter to coordinate a Non-Acceptance Form for the Site Plan Application.

There was no further discussion on the matter.

Matt Fish returned to the Board as a voting member at 8:35 p.m.

4.) John E. Kukulka –Site Plan Review for Lot F-030-02 on Intervale Road

Neil Faiman stepped down as a voting member at 8:36 p.m.

Bill Davidson, Meridian Engineering last appeared before the Board on December 20, 2006 at which time the Board sought guidance from Town Counsel on the Multi-Family Site Plan.

The Board informed the applicant that Town Counsel had agreed with the process used to determine the density of for this application. If the applicant disagreed, they would need to petition the ZBA.

The Board went through the density process again with the applicant, engineers and counsel thus stating their density calculations allowed for two (2) dwelling units.

A MOTION was made by Dan Donovan to deny the application for a Multi-Family Site Plan, Land of John E. Kukulka, Jr., dated October 20, 2006 and last revised on October 24, 2006 for failure to meet the density requirements in the Wilton Zoning Ordinance.

Attorney Bennett asked for a continuation to the February 21, 2007 meeting in order to confer with this client.

A MOTION was made by Alex MacMartin and SECONDED by Dan Donovan to continue the hearing to February 21, 2007

Voting: 6 ayes; motion carried.

Neil Faiman returned to the Board at 8:45 p.m.

5.) Subdivision – Dorothy S. McGettigan Revocable Trust – Lot F-102 on McGettigan Road in the Residential/Agriculture District.

Mike Carter of Robert Todd Engineering appeared before the Board for Robert Todd who originally presented the application on December 20, 2006. He noted they were waiting for Town Counsel’s review of legal language. All other items have been satisfactorily addressed.

Co-Chairman Brian Sullivan read a letter into record from abutter Mark Edwards. The Board agreed it is not the responsibility of the Board to respond to the correspondence and that Mr. Edwards needed to seek legal counsel.

A MOTION was made by Alex MacMartin and SECONDED by Neil Faiman to accept the plan.

Voting: 7 ayes; motion carried.

A MOTION was made by Dan Donovan and SECONDED by Alex MacMartin to continue the hearing to February 21, 2007.

Voting: 7 ayes; motion carried.

Mike thanked the Board for their time. There was no further discussion on the matter.

6.) Subdivision – E.J. Abbot Trust – Lot K-105 on Pine Valley and Maple Streets

Dawn Tuomala presented revised plans originally presented at the January 3, 2007 meeting for the above noted plans. She explained the Tannery Brook is now shown in the legend and Mr. Abbot’s shed has detail in Note 10. She also showed that Lot K-105 is now 1 acre so the single family dwelling is eligible to become a multi-family dwelling under the current zoning. The Board concluded that a lot line adjustment that will be made for the shed and garage will not require a new hearing. Neil Faiman offered to walk the bounds again. The Board suggested revising Note 6 and add Note 11 with more detail and include both owners of Lot K-104 and K-105 signatures on the revised plans.

A MOTION was made by Dan Donovan and SECONDED by Neil Faiman to continue the hearing to February 21, 2007.

Voting: 7 ayes; motion carried.

Dawn thanked the Board for their time. There was no further discussion on the matter.

7.) Subdivision – Martha J. Greene – Lot B-056 on Curtis Farm Road

Jeff Kandt stepped down as a voting member at 8:36 p.m.

Dawn Tuomala presented revised plans requested from the January 3, 2007 meeting of the above noted plans. She explained she has added more detail to Notes 12 and 14; and the Effluent Disposal Area (EDA) was added to the legend.. She also explained other minor revisions the Board had requested.

The Board explained they are still waiting for legal review from Town Counsel. They requested more detail on the northwest corner of Lot B-056-02. Dawn agreed and respectfully asked for a continuation.

A MOTION was made by Alex MacMartin and SECONDED by Neil Faiman to continue the hearing to February 21, 2007.

Voting: 6 ayes; motion carried

Dawn thanked the Board for their time. There was no further discussion on the matter.

Jeff Kandt returned to the Board at 9:21 p.m.

8.) Westview Farms – Subdivision Lot B-25, Lot B-70 and B-70-1

Dawn Tuomala appeared before the Board to review a surveying error as to the width of the town road easement and resulting frontage affecting the corresponding lots on Page 2 of Westview Farms Subdivision Plan dated August 14, 2006 and approved on October 18, 2006.

A MOTION was made by Alex MacMartin and SECONDED by Dan Donovan to approve the revision to Page 2 of West View Farms, LLC Lot B-025 Christine Tiedermann, Scott Tiedermann dated August 14, 2006.

Voting: 7 ayes; motion carried.

Dawn thanked the Board for their time. There was no further discussion on the matter.

9.) Subdivision – Don and Dorothy Taylor – Lots A-058-06 and C-032 on Duggan Road and Bennington Battle Trail

Co-Chairman read the public notice into record.

Dawn Tuomala appeared before the Board with a proposal for a lot line adjustment between A-056-06 (56.405 acres) and C-032 (9.719 acres), whereas Parcel “A” (1.405 acres) will be transferred to Lot C-032. Lot A-056-06 becomes 55 acres and Lot C-032 becomes 11.124 acres. A well easement and well and water rights exist on Lot A-056-06.

Dawn respectfully requested the following waivers:

1. 6.2 e Locations of existing septic system leach fields within 100 feet of property lines

2. 6.3 c Area of proposed lots; wet, dray and total. Waiver is for wet and dry areas.

3. 6.3 d Existing and proposed topography

4. 6.3 f Soil boundaries and types

5. 6.3 g High intensity soil survey

6. 5.3 h Locations of all water bodies, watercourses, wetlands, rock/ledge outcrops or other significant natural features.

7. 6.3 m Locations of existing and proposed utility lines

8. 6.3 g Proposed driveway locations

Due to the large number of waivers, the Board stated they are not confirming anything with boundaries as a result of the waivers there is no representation to the lot being buildable and ask this be noted on the plans. Dawn agreed.

Jeff Kandt offered to walk the bounds.

A MOTION was made by Neil Faiman and SECONDED by Dan Donovan to accept the waivers.

Voting: 7 ayes; motion carried.

A MOTION was made by Alex MacMartin and SECONDED by Dan Donovan to accept the plan.

Voting: 7 ayes; motion carried.

Dawn requested a continuance to the February 21, 2007 to revise the plans.

A MOTION was made by Dan Donovan and SECONDED by Alex MacMartin to continue the hearing to February 21, 2007.

Voting: 7 ayes; motion carried.

Dawn thanked the Board for their time. There was no further discussion on the matter.

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

Mark Nelson appeared before the Board with a sign application. He explained he had received a variance from the ZBA on December 12, 2006, which reads as follows:

The variances will 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. They are granted subject to the following restrictions:

1.) The sign is not to be illuminated;

2.) The sign is to be no more then six feet high;

3.) The area of the sign is to be no more than nine square feet per face;

4.) The sign will be placed no less than 13’ from the white line of the pavement;

5.) The Wilton Police are to confirm that the location of the sign is the location that they approved in their letter to the Zoning Board and;

6.) The appearance of the sign is to be generally consistent with the appearance of the design that was proposed to the Board.

This decision shall expire if the construction or use permitted by it has not begun by Friday, December 12, 2008.

The Board asked for comments from the public. Elmer Santerre appeared and requested the Board members go to the site and physically look at the location of the sign. He states there is a potential safety issue and the location shown to the Police for the Zoning hearing was not correctly shown.

The Board discussed if the sign is being permitted to be placed on property that the Board has jurisdiction to approve or deny.

Mark stated the State Right of Way is 35 feet from the centerline. He also noted he does not have an issue with moving the sign this distance. The cone which marks the proposed sign location is the visible marker for the public to see is 13 feet from the white line.

The Board decided to drive by the site and continue the meeting to February 21, 2007.

A MOTION was made by Alex MacMartin and SECONDED by Andrew Fairbanks to continue the hearing to February 21, 2007.

Voting: 7 ayes; motion carried.

11.)Sam Proctor – Lots D-039 and D-040 – vacant land

Mr. Sam Proctor appeared before the Board to discuss two pieces of vacant land, specifically Lots D-040 and D-039 owned by the Babineau 97 Irrevocable Trust on Holt Road. He explained he sought the advice of the ZBA for septic system inside the setback however the ZBA suggested he approach the Planning Board for their input.

The Board did not know if they could take non-conforming lots and allow them to remain non-conforming. Alex MacMartin offered to contact Town Counsel to see which of the approaches would be most suitable.

Sam thanked the Board for their time. There was no further discussion on the matter.

12.)Adjournment

A MOTION was made by Alex MacMartin and SECONDED by Neil Faiman to adjourn the meeting at 10:33 p.m.

Voting: 7 ayes; motion carried.

Minutes respectfully submitted by:

Carla J. Walter