TOWN OF WILTON

PLANNING BOARD MEETING

Approved 1/23/08

 

DATE:            October 17, 2007

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:     Chairman Jeff Kandt, Neil Faiman, Alec MacMartin, Matt Fish, Alternate Member Bill Condra, Alternate Member Dave Holder, Recorder Heather Loewy Nichols, Board of Selectman Representative Dick Rockwood, NRPC Representative Steve Wagner, and Brian Sullivan (arrived at 7:35 p.m.).

 

The agenda was amended as follows:

1.)                  Public Hearing

2.)                  Tom Quinn – Release of Excavation Permit Renewals

3.)                  First Light Farm, LLC – Cluster Subdivision

4.)                  Perham Woods – Cluster Subdivision

5.)                  Walter S. Zuber & Carolyn Briglia  Caveat Lot Consolidation

6.)                  Lisa Ann Edenfield – Non – Residential Site Plan

7.)                  Al Lindquist – Subdivision Application

8.)                  Minutes

9.)                  CIP Update

10.)               Adjournment

 

Chairman Jeff Kandt opened the public hearing at 7:30 p.m. and noted that he had received a letter stating that there would not be a representative from the Conservation Committee present this evening.  

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to approve the following proposed amendments to the Subdivision Regulations for the Town of Wilton:

 

AMEND the Subdivision Regulations to replace the Caveat Lot Consolidation Form with a newly designed form that more clearly states the requirements and provides for necessary documentation. 

 

Chairman Jeff Kandt asked for public comment and saw none.

 

Voting: 7 ayes; motion carried.

 

A MOTION was made by Dick Rockwood to accept the following proposed amendments to the Appendix III Regulations for the Town of Wilton. 

 

AMEND Appendix III, Application Fee Schedule, to replace the existing fee schedule, providing a new format and adding and adjusting some fees to recover the cost of noticing, processing and hearing applications.  This format is hoped to reduce the frequency of required amendments.

 

This motion was not seconded and was later withdrawn.

 

In response to a question from the Board, Steve Wagner explained that the term “conceptual consultation” is the mandated name for the Board’s current term of “pre-application”

 

The Board discussed the proposed $100 fee for conceptual consultation, including having a process where the public can speak to the board without a cost but would be charged for using NRPC’s services.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to table this amendment until the November 28, 2007 meeting.

Voting: 8 ayes; motion carried.

 

A MOTION was made by Alec MacMartin to add “with NRPC” to item B-1 and then hold a hearing on November 28, 2007 for this amendment.

 

After discussion Alec MacMartin AMENDED his previous motion to include “up to two hours with NRPC”. The amended motion was SECONDED by Dick Rockwood.

Voting: 8 ayes; motion carried.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to close the public hearing.

Voting: 8 ayes; motion carried.

 

The Board discussed the possibility of the conceptual fee being prepaid at the town hall.  

 

Continuations:

2.   Release of Excavation Permit Renewals  - Tom Quinn

 

Matt Fish stated that he visited both pits and everything looked fine. He noted that the one on Rte 31 South seems to be entirely open at this time and that all the silt fences are in order. He discussed with the applicant the excavation on lot F-073, which is not up for approval at this time. Matt Fish also noted that he checked the spill containment areas and everything seemed to be in good shape and readily available.

 

A MOTION was made by Matt Fish and SECONDED by Neil Faiman to approve the excavation permit renewals for lots E-022, E-030, E-031, and E-032.

Voting: 8 ayes; motion carried.

 

A MOTION was made by Matt Fish and SECONDED by Neil Faiman to approve the excavation permit renewals for Lot B-005.

Voting: 8 ayes; motion carried.

 

Matt Fish discussed with the applicant the entire open area of the pit and the current height levels. Tom Quinn stated that 80% of the trees have been removed but loam still remains on a lot of these areas.  

 

3.      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 22-unit cluster subdivision:

 

The Board agreed to hold site walks on Sunday October 21, 2007 at 4:00 p.m. and Tuesday October 30, 2007 at 5:00 p.m.

 

The Board noted that Fire Chief Dick expressed concern about access to the houses without a second road. The applicant noted that he is aware of the Chief’s concerns and that they are still in negotiation with him.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to November 18, 2007.

Voting: 8 ayes; motion carried.

 

4.      Cluster Subdivision - Cluster Subdivision – Perham Woods – Lots B-020 on Dale Street in the Residential & Agricultural, Wetlands and Flood Plain District. 

Applicant is proposing a 29 unit cluster subdivision.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to the November 28, 2007 meeting.

Voting: 8 ayes; motion carried.

 

New Applications:

5.      Caveat Lot Consolidation – Walter S. Zuber & Carolyn Briglia – for acceptance and approval to merge Map/Lots H-083-01 and H-083-04 to one single lot located on Stevens Road in the Residential/Agricultural District.

 

Alec MacMartin stepped off the Board as a voting member at 8:05 p.m.

 

Alec MacMartin stated that he has been approached by Walter Zuber to work on this project with him and noted that it should be resolved within the next month.

 

A MOTION was made by Dick Rockwood and SECONDED by Bill Condra to continue the application to the November 28, 2007 meeting and re-notice it if necessary.

Voting: 8 ayes; motion carried.

 

Alec MacMartin returned to the Board as a voting member at 8:10 p.m.

 

6.      Non-Residential Site Plan – Lisa Ann Edenfield/Senator Development LLC –for acceptance and approval for a Home Day Care, located at 195 Isaac Frye Highway on Map/Lot F-098-01. This property is located in the Residential/Agricultural District. 

 

Lisa Ann Edenfield appeared before the Board and explained that she was unable to make her appearance at the Zoning Board as no one had relieved her from her nursing position in time to make the meeting.

 

Matt Fish explained that because she has not appeared at the Zoning Board, and therefore has not received the necessary special exception, he has not reviewed her pre-application.

 

The Board noted that they could continue the application so the applicant would not need to pay the Planning Board fee again but that they had no control over the Zoning Board fees. The Board also explained that she is not starting the process over; she is starting for the first time as she missed the Zoning Board meeting at which her application was on the agenda.

 

Dick Rockwood noted that the applicant should have a plan for pick up and drop off times keeping in mind the heavy equipment going in and out of the same location.

 

The Board discussed the need for parking spaces and read Section 9.7.3 which states that a daycare center needs one space per employee plus one space for every six children.

 

The applicant and Matt Fish arranged to meet for a site visit on Friday October 19, 2007 at approximately 2:00 p.m.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the applicantion to the November 28, 2007 meeting.

Voting: 8 ayes; motion carried.

 

7.      Subdivision Application – Al Lindquist – for acceptance and approval of a lot line adjustment and creation of 3 new residential building lots (total 4) located on Lyndeborough Center Road on Map/Lots B-026 and B-027 in the Residential/Agricultural District. 

 

Joe Wickard appeared on behalf of Al Lindquist stating that Al Lindquist owns Lot 26 on tax map B, which he will refer to as the farm house lot, and Lot 27, which he refers to as the Ed Churchill lot. He stated that the unique quality to this property is that it lies both in Lyndeborough and Wilton, with approximately 21 acres in Wilton and 36 acres in Lyndeborough. He stated that their intent is to separate the two houses and create two separate building lots. He also explained that they are proposing a 50 foot access easement on Lot 26-3 in order to have the 200 foot required frontage but if this plan is an issue for the Board they will probably amend the plan to include Lot 26-3 in the back lot.

 

The Board discussed whether the applicant could make Lot 26-3 into a back lot. The applicant said that he would discuss these options and make an appropriate amendment.

 

The applicant questioned whether he would need to complete the high intensity soil survey. The Board stated that it would be needed for some of it and it may make sense to have the rest of it completed at the same time.

 

Joe Wickard stated that they have completed the field topography for the new lots but not for the back lot and stated that he would like a waiver for this regulation.

 

The Board and the applicant discussed water locations on the property.

 

Matt Fish noted that the neighbors have expressed concern about contamination on the Churchill property. The Board discussed whether this issue may require more investigation for environmental damage.

 

The Board discussed the driveways on the plan including the fact that the farmhouse property will need at least one and maybe two driveways removed as only one access site is allowed to the property.

 

The Board discussed regional impact protocol and suggested that the applicant see the Lyndeborough Planning Board for their information especially with regard to the town line. The Board discussed with the applicant the need to determine the exact town boundary and how the applicant may go about determining where the boundary lies. The applicant agreed to follow the steps recommended by the Board however reiterated that he feels that recording the town line is the responsibility of the town.

 

A MOTION was made by Neil Faiman and SECONDED by Dick Rockwood that the Board find that the project as proposed has no regional impact.

Voting: 8 ayes; motion carried.

 

A MOTION was made by Neil Faiman and SECONDED by Dick Rockwood to continue the application to the November 28, 2007 meeting.

Voting: 8 ayes; motion carried.

 

Other Business:

8.      Minutes

 

August 22, 2007:

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to approve the minutes of August 22, 2007 with the following amendments:

            - Page 2-5, indent or change font for the quoted section.

- Page 6, change “Matt Fish Item No. 1 disregards the fact as a whole and does very little to satisfy the effect of the wetlands.” to “Matt Fish stated that the plan  disregards the goal of item of number 1 as a whole and does very little to mitigate the effect on the wetlands.”

            - Page 6, change “Neil Faiman noted open space doesn’t have to be

walkable”, and the benefits of wildlife habitats within open space”  to

“Neil Faiman noted that open space doesn’t have to be “walkable” in order to generate the benefits of wildlife habitats within the open space.”

- Page 6, change “Neil Faiman AMENDED the MOTION to approve the bonus density conditional that no adverse findings occur” to “Neil Faiman AMENDED the MOTION to approve the density with the condition that no future adverse findings occur”

Voting: 8 ayes; motion carried.

 

September 19, 2007:

A MOTION was made by Matt Fish and SECONDED by Brian Sullivan to approve the minutes of September 19, 2007 with the following amendments:

            - Page 1, change “state ordinance” to “state law”

            - Change Ray “Shey” to Ray “Shea” throughout the document

            - Item #10, change “unbinding” to “non binding”

Voting: 8 ayes; motion carried.

 

October 3, 2007:

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to approve the minutes of October 3, 2007.

Voting: 6 ayes; motion carried (with Rockwood and Faiman abstaining)

 

The Board requested that approved minutes have “Final” and the date of approval added into the header and that final minutes get posted on the website and in the folder at town hall.

 

9. Capital Improvement Plan

 

The Board summarized which departments they have received packets from and which they were still waiting for.

 

The Board discussed whether Conservation Commission’s land purchases should be included as part of the Capital Improvement Plan. The Board agreed that the Conservation Commission’s plans should be included.

 

9.      Adjournment

 

A MOTION was made by Dick Rockwood and SECONDED by Brian Sullivan to adjourn.

Voting: 8 ayes; motion carried.

 

Chairman Kandt declared the meeting adjourned at 10:55 p.m.

 

Respectfully Submitted,

Heather Loewy Nichols

Recording Secretary

 

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