TOWN OF WILTON

PLANNING BOARD MEETING

Approved 1/23/08

 

DATE:            November 28, 2007

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:     Chairman Jeff Kandt, Brian Sullivan, Neil Faiman, Alec MacMartin, Matt Fish, Recorder Heather Loewy Nichols, Board of Selectman Representative Dick Rockwood, NRPC Representative Steve Wagner.

ABSENT: Alternate Member Bill Condra, Alternate Member Dave Holder

 

The agenda was amended as follows:

1.)                  Public Hearing

2.)                  Household of Faith - Subdivision

3.)                  High Mowing School – Site Plan Amendment

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

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

6.)                  Perham Woods – Cluster Subdivision

7.)                  Al Lindquist – Subdivision Application

8.)                  First Light Farm – Cluster Subdivision

9.)                  Provost 1993 Trust – Subdivision Application

10.)               Daniel and Judy Poitras – Subdivision Application

11.)               Sovereign Bank Main Street – Sign Application

12.)               Kevin DeGroot – Site Plan Review

13.)               Other Business

14.)               Adjournment

 

Chairman Jeff Kandt opened the public hearing at 7:34 p.m.

 

1.   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.

 

A MOTION was made by Alec MacMartin and SECONDED by Matt Fish to adopt the amended fee schedule as proposed.

Voting: 6 ayes; motion carried.

 

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

Voting: 6 ayes; motion carried.

 

Chairman Jeff Kandt closed the public hearing.

 

Continuations:

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

 

Alec MacMartin left the Board as a voting member at 7:44 p.m.

 

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to continue the application to the December 19th meeting and to re-notice the applicant if they do not appear at the December meeting.

Voting: 5 ayes; motion carried.

 

The Board requested that the applicant be sent a notice to inform them of their decision.

 

Alec MacMartin returned to the Board as a voting member at 7:50 p.m.

 

3.     Site Plan Amendment – High Mowing School

 

Cary Hughes appeared before the Board and stated that the High Mowing School needs to extend their Temporary Structure Permit a few more weeks. He explained that they will be moving back into the renovated building over Christmas break, which begins on December 14th, and then they will dismantle the temporary structure.

 

The Board noted that the applicant should see the Building Inspector for a Demolition Permit.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to extend the permit for the temporary kitchen through December 30, 2007.

Voting: 6 ayes; motion carried.

 

4.     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. 

 

Donald Sienkiewicz appeared before the Board for Lisa Ann Edenfield and presented the Board with copies of the notice of decision from the Zoning Board to approve a special exception for child care as a home occupation. He also presented a hand drawn site plan and noted that a letter was written to the Chairman of the Board which asked that the application be amended to include approval for two employees and nine children with the hours of 7 a.m. through 7 p.m. as allowed by the special exception given by the Zoning Board.

 

Matt Fish stated that he made a site visit. He noted that this is in a rural area, the heavy equipment of previous concern has been moved and that he feels that this is a good use of the property,

 

The board discussed parking and turnaround and where the flow of traffic would need to be in order to keep the children safe. The board also discussed the fact that the owner leases the property to two tenants with possibly conflicting needs and interest.

 

A MOTION was made by Alec MacMartin to approve the application with the condition that the area 50’ beyond the parking area be kept clear of equipment.

The Motion was not seconded.

 

The Board also noted Regulation 9.7.3 which states that a daycare requires a parking spot for each employee and a spot for every six children and considering that the applicant has amended her application to include approval for two employees and nine children she would now be required to show four parking spaces. The Board discussed options where the applicant could show parking spaces on the site plan. Also the Board discussed the possible need for moving the current site of the fuel tank.

 

Brian Sullivan noted that plan was missing some necessary elements such as applicant name, lot number, hours of operation, etc.

 

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to table the application until later in the meeting.

Voting: 6 ayes; motion carried.

 

The applicant returned at 9:16 p.m.

 

The applicant presented an updated site plan which took into account the recommendations of the Board from earlier in the evening.

 

A MOTION was made by Brian Sullivan and SECONDED by Alec MacMartin to approve the application for a daycare home occupation.

Voting: 6 ayes; motion carried.

 

 

5.     Caveat Lot Consolidation – Water 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 8:22 p.m.

 

Alec MacMartin stated that the applicant is about four days away from having the necessary contracts and they would like the Board to continue the application to next month.

 

A MOTION was made by Dick Rockwood and SECONDED by Matt Fish to continue the application to December 19, 2007.

 

Alec MacMartin returned to the Board as a voting member at 8:23 p.m.

 

6.     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.

 

Dawn Toumala appeared before the Board for the applicant and stated that in September the Board asked the applicant to revisit the traffic issues of the site. She presented a statement from the Nashua Regional Planning Commission and noted that it is NRPC’s opinion that while the proposed plan will increase traffic somewhat on the local streets it will be residential traffic only and therefore will not have a significant impact.

 

Dawn Toumala then invited representatives of Greenman – Pederson, Inc. to discuss the additional traffic study which they completed. Jason Plourde explained that the Board had discussed looking at the traffic on Cram Hill Road and to expand the study area.

 

Dave Wojcicki from Greenman – Pederson, Inc. stated that he counted the distribution of cars on Cram Hill Road and then applied that distribution to the proposed distribution of the site. He noted that they also looked at Wilton Road at Center Road and Johnson Corner Road in Lyndeborough and Dale Street and Rte 31. He explained the new distribution changed the results of the traffic study a bit with the weekday evening flow remaining the same but the weekend and weekday morning flow showed more people going North on Dale Street than proposed in the original traffic study. Dave continued by explaining that according to the new distribution the proposed plan would add an extra car every three to four minutes, during the peak hour, to the current traffic load, which he noted is not a significant impact. He also addressed several safety concerns he had seen and suggested ways to improve them such as stop lines and vegetation cutting.

 

The Board discussed in detail how Greenman- Pederson, Inc. came up with numbers and calculations they were presented until they were comfortable with the information.

 

Alec MacMartin noted that the town will be responsible for any improvements necessary on Dale Street.

 

Matt Fish suggested that the Board should request a letter from the Police Chief as to what he thinks the potential issues may be and possible solutions at the Dale Street/ Route 31 intersection.

 

The Board questioned Jason Plourde as to how they were to interpret the rest of the data as they felt that some of the base data was incorrect. Jason Plourde explained that the models are looking at just the Greg Street/Dale Street/Route 31 intersection as a single intersection and does not take any intersections down stream into account such as the intersection of Route 31 and Main Street.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to December 19, 2007.

Voting: 6 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.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to December 19, 2007.

Voting: 6 ayes; motion carried.

 

8.     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. 

 

Raymond Shea from Sanford Survey appeared before the Board and stated that since their last appearance the applicant took the suggestions from Dennis LaBombard’s first review and did a more detailed design of the drainage, noting that they will finish the septic system later and that the water systems are still being designed but have received preliminary approval from the state. He stated that they have submitted a new plan for Dennis LaBombard’s review but as of yet a second review has not been completed. He explained that in order to catch run off from the back of the property the plan now shows swales which will carry water to detention areas which will then empty in different wetland areas. He also noted that they now plan on delaying any proposed meadows on the north side of the site but will continue with the plan for meadows on the front side for aesthetic reasons.

 

In response to a question from the Board, Ray Shea explained that the due to the size of the lot and the fact that the owner is also an abutter none of the proposed run off displacement will affect any other abutters.

 

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to continue the application to December 19, 2007.

Voting: 6 ayes; motion carried.

 

Matt Fish left the meeting at 9:30p.m. as he is off the Board as a voting member for several of the following items.

 

9.     Subdivision Application - Provost 1993 Trust –for Lot B-014 Cram Hill Road in the Residential/Agricultural and Wetlands Districts.  Applicant is proposing a 14-lot subdivision.

 

Steve Keach from Keach Nordstrom appeared before the Board and explained that originally the applicant came before the Board with a 19 lot plan that included 10,000 SF of wetland impact over four different sites, and a 2400 foot loop road. However this application was denied by the Zoning Board. Then the applicant came before the Board with a plan which had 17 lots and two cul-de-sacs, one of which required a waiver. However this plan was met with dismay from the Board. Now the applicant is presenting a new plan to the Board which has 14 lots and 2,400 SF of wetland impact, of which about 1,000 SF will be reclaimed by growth over time. He stated that he has been to the Lyndeborough Planning Board, where they agreed to have future meetings with both boards present. He also presented the plan to the Police Chief and discussed his concerns as to how to deal with emergency incidents as to whether they are on the Lyndeborough or Wilton section of the road. He stated that he still needed to speak to the Lyndeborough police. He further explained that he has met with the Lyndeborough Road Agent and the Wilton Fire Chief. He also noted that he went to the Conservation Commission and discussed the plans with them and the Conservation Commission expressed concerns about the culvert. He explained that they have developed building envelopes which will restrict the building locations of the homes so that they will all be in Wilton and he is currently in talks with the snow mobile club to see if access can be worked out for them.

 

In response to a question from the Board, Steve Keach stated that the cul-de-sac roads are just under 600” long.

 

Steve Keach stated that this site includes a total area of just over 70 acres, 61.5 acres is in Wilton and 8.7 acres are in Lyndeborough. He explained that the lots vary from 2.1 acres to 14 acres and the average lot size is 5.1 acres. He also noted that three lots will gain access via Cram Hill Road, through a road which will be created using existing breaks in the stone wall; the middle lot will have access directly to Cram Hill Road; six lots will be accessed internally; five lots will have access through Provost Road. He further explained that they derived this plan in order to limit the number of curb cuts on Cram Hill Road. He stated that each lot will be serviced by individual septics and wells and that the plan has an open drainage design with twenty feet of pavement and graded gravel shoulders so as to be inline with regulations. He further stated that the he is proposing detention basins in Lyndeborough to catch water from Cherney Road and noted that this will not increase water on any abutting properties. He also explained that Provost Road will have two detention basins where the water will be detained, treated, and released. He stated that a full drainage report has been submitted and they have prepared and filed the necessary state approval paperwork. He also noted that they have met with the Wilton Fire chief, who requested the placement of cisterns, and they plan on adding these and the appropriate easements to the plan. He explained that this design allows the plan to be implemented in three phases, with frontage lots being built first and then one cul-de-sac before the other. He further explained that at the applicant’s last appearance the Board questioned the cut and fill plans and now the profiles of the road are modest in terms of grading work, noting that Cherney Road has a bit of a cut on the right side but is almost matching grade on the left and Provost Road follows the path of the woods road and that most of the contours are necessary to deal with the storm water containment areas. He stated that at the most extreme spot there is eight feet of fill.

 

Spencer Brooks, of the Conservation Commission, noted that the culvert system is a very confusing system which does not allow for animals to travel through it and will cause the animals to die out in 15 years due to inbreeding in the wetland. He also expressed concerns about the grating because of possible damming issues which could put debris into the wetlands. The applicant explained that their change from an open culvert to the current drop inlet was due to the request of the State Wetland Commission. Spencer Brooks noted that he gave the applicant names of biologists who the Conservation Commission would like to see discuss the matter with the State Wetland Commission.

 

Braden Philbrook, of Cram Hill Road, stated that the drop box minimizes the impact but does not allow for animal movement; that has not heard about a traffic study being completed; and he suggested that if the applicant lowered the plan to eight to ten lots then they could leave the Jeep trail.

 

Steve Keach explained that he does not believe there was a traffic study requested to this point and that he has discussed with Lyndeborough why all the houses are in Wilton and they seem to be in agreement. He further explained that according to RSA 674.53 one is allowed to utilize land in an adjoining town to satisfy the safety requirements of a different town and as the house are in Wilton, the Wilton regulations apply.  

 

The Board discussed getting an estimate from Dennis LaBombard so that escrow can be collected and he can begin evaluating the plans.

 

A MOTION was made by Brian Sullivan and SECONDED by Alec MacMartin to continue the application to the December 19th meeting.

Voting: 5 ayes; motion carried.

 

New Applications:

10.   Subdivision application -Daniel & Judy Poitras,  Lot C-147 Town Farm Road in the Residential/Agricultural District.  Applicat is proposing a two lot subdivision.

 

Raymond Shea, from Sanford Survey, appeared before the Board for the applicant and stated that this application is for a two lot subdivision. He noted that this site is off a town farm road which comes from pavement and turns to gravel before turning into a dead end. He stated that the property has a brook bordering the North West side and the aquifer zone runs diagonally across the lot, so one of the lots has to be four acres in area according to regulation. He explained that presently the existing driveway goes past the garage and the house and into the new lot; however they plan on terminating the drive at the house and then adding another drive to the South. He noted that there is a 36 inch and 18 inch culvert South to North. He also noted that there is 118 SF of wetland impact and that a special exception was approved and also that the state dredge and fill permit has been approved while the state subdivision approval is pending. He stated that he has not spoken to the Fire Chief.

 

The Board noted that the applicant should speak to the road agent about possibly larger culverts under the existing driveway due to the damage this area received during the April 2007 floods.

 

The applicant noted that most of the flow is in the Northern area of the site and thus they have planned on 36” culverts in these affected areas.

 

Also the Board noted that the wetland district needs to be added to notes on the plan and the size of existing culverts needs to be added. Also a letter from the Road Agent is needed and the applicant needs to speak to the Board of Selectman to discuss outside improvements contributions.

 

A MOTION was made by Brian Sullivan and SECONDED by Dick Rockwood to continue the application to the December 19th meeting.

Voting: 5 ayes; motion carried.

 

11.              Sign Application – Sovereign Bank Main Street

 

Jason Perilla, with Back Bay Sign, stated that the applicant is proposing to replace the internally lit sign with an externally lit sign located in the same place. He noted that the sign would now be a bit smaller at 25.8 SF. 

 

In response to the Board, the applicant stated that he has not met with the Main Street Committee.

 

After discussion, Jason Perilla changed the application to state that the sign would be 72” wide by 80” high.

 

A MOTION was made by Dick Rockwood and SECONDED by Brian Sullivan to approve the amended application.

Voting: 5 ayes; motion carried.

 

Pre-Applications:

12.   Site Plan Review - Kevin DeGroot for Lot J-016 on 9 Dale Street

 

Alec MacMartin left the Board as a voting member.

 

Dawn Tuomala appeared before the Board for the applicant and stated that she has been before the Zoning Board and has been granted a variance for three residential units within the building and six parking spaces, some of which will be within the setback. She also noted that she had made an application to the Zoning Board for wetlands impact, but not because she is dredging and filling, rather she would like to replace and repair footing drains around the building and replace catch basins which are either not functional or in need of repair.

 

Dick Rockwood suggested that the proposed catch basin and parking spaces need to be removed from the easement and the possibility that the driveway will need to be removed from the easement also.

 

Alec MacMartin returned to the Board as a voting member.

 

13.             Other Business

 

CIP Update: Steve Wagner stated that he attempted to complete the spreadsheet but he would like to discuss it with Matt Fish before presenting it to the Board.

 

Dick Rockwood noted that town is facing a possible land fill closure in 2010.

 

Chairman Jeff Kandt read a letter from Todd Haywood, Wilton Assessing Agent, which requested that the Board get an updated site plan annually for excavation sites over 2 acres in size no matter how many lots create the 2 acres. The Board discussed changing the regulations for renewals to include the updated site plan.

 

14.                        Adjournment

 

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

Voting: 5 ayes; motion carried.

 

Chairman Jeff Kandt declared the meeting adjourned at 11:03 p.m.

 

 

Respectfully Submitted,

Heather Loewy Nichols

Recorder

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