TOWN OF WILTON

PLANNING BOARD MEETING

Approved 1/23/08

 

DATE:            December 19, 2007

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:     Chairman Jeff Kandt, Alec MacMartin, Brian Sullivan, Neil Faiman, 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.)                  Household of Faith – Subdivision

2.)                  First Light Farm – Cluster Subdivision

3.)                  Perham Woods – Cluster Subdivision

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

5.)                  Al Lindquist – Subdivision Application

6.)                  Provost 1993 Trust – Subdivision Application

7.)                  Daniel and Judy Poitras – Subdivision Application

8.)                  Public Service of New Hampshire – Scenic Road Public Hearing

9.)                  Hillside of Wilton, LLC – Subdivision Application

10.)               Other Business

11.)               Adjournment

 

Vice Chairman Alec MacMartin opened the public hearing at 7:32 p.m.

 

Continuations:

1.       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 7:32 p.m.

 

Peter Manha appeared before the Board and presented them with a copy of the Association Documents, Articles of Agreements, plot plans and floor plans.

 

A MOTION was made by Neil Faiman to find that the conditions of the conditional approval have been met. The motion was not seconded.

 

Dick Rockwood noted that the documents have not been approved by town counsel.

 

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to continue the application to January 16, 2007.

Voting: 5 ayes; motion carried.

 

The Board will send the documents to Town Counsel for approval and the applicant will drop off five more sets of plans to the Board.

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

 

2.      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, of Sanford Surveying, appeared before the Board and stated that the applicant is waiting for completion of the drainage review by Dennis LaBombard and that they are still working on scheduling another meeting with the Fire Chief. He requested a continuance and noted that he expects that these items will be completed by the next meeting.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to January 16, 2007.

Voting: 6 ayes; motion carried.

 

3.      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 Tuomala appeared before the Board for the applicant and explained that last month the conversation with the Board centered around traffic and that the Board had suggested that she speak to both the Police Chief and Road Agent for further input. She explained that she has presented a new plan for the Forest/Dale/Gregg Street intersection to both the Road Agent and the Police Chief. She then presented a letter of approval of the new proposal from each of them to Board. She noted that the current proposal takes into account Road Agent Elliott’s concern about the necessary turning radiuses by relocating the island and adding a turning lane on Forest Street. She explained that she spoke to Rene Fish from New Hampshire DOT, and while he does not feel that the additional traffic caused by the application warrants a change in the intersection he will have the DOT engineer review the proposal and get back to her. She stated that after she receives state approval she will meet with the Board of Selectman if it is necessary. She also noted that she has been trying to meet with the Fire Chief but scheduling has not yet allowed it.

 

Dick Rockwood stated that he feels that the utility pole in the island should be moved.

 

Dawn Tuomala explained that this would be difficult and costly.

 

In response to a question from the Board, Dawn Tuomala clarified that in the proposal if a car needed to enter Dale Street while traveling Northbound on Forest Street, they would take a right hand turn, just as they do now, with no change in momentum.

 

Matt Fish noted that a 53 foot truck could not make the proposed turn. Dawn Tuomala responded by explaining that one is not required to design for a 53 foot truck.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to January 16, 2007.

Voting: 6 ayes; motion carried.

 

4.      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 left the Board as a voting member at 7:57 p.m.

 

Alec MacMartin stated that he has received the documents from the bank stating that the applicant can consolidate the lots and he will forward to Town Counsel for review.

 

A MOTION was made by Dick Rockwood and SECONDED by Brian Sullivan to continue to January 16, 2007.

Voting: 5 ayes; motion carried.

 

Alec MacMartin returned to the Board as a voting member at 7:59 p.m.

 

5.      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 Wichert appeared before the Board for the applicant and explained that their original intent was to separate out the two houses while reserving a right away for a road leading out to the back lot, however now it is their intention to create three lots. He explained that they are now proposing reconfiguring Lot 27 to be 2.3 acres, reconfiguring the smaller lot around the white farm house, Lot 26-2, to be 2.88 acres, and also reconfiguring Lot 26-1 to be 2.66 acres. He stated that at the last meeting he had ask that the Board waive the need for a high intensity soil survey and he thinks that this is even less necessary as there are only three lots now. He explained that he is scheduled to meet with the Lyndeborough Planning Board tomorrow. Also he noted that he spoke to Mr. Lindquist with regards to the existing driveways and Mr. Lindquist stated that he would be willing to remove one of the driveways. Joe Wichert also noted that he had received state subdivision approval, which he noted on the plans, and also he has added blanket future road grading to the plans.

 

The Board then discussed with the applicant the presence of three barrels of waste on the site and whether they were still present, and what the environmental impact of the barrels might be. The Board discussed with the applicant possible ways to determine the need for an environmental study. The consensus of the board was that it be determined what is in the drums and then follow Dennis LaBombard’s recommendations for testing.

 

Spencer Brooks noted that the Conservation Commission has not seen the plans and that they would like to meet with the applicant. The applicant stated that he would provide plans to the Conservation Commission and noted that the current plan does not have any wetland impact.

 

In response to a question from Alec MacMartin, Joe Wichet stated that, in the future, in order to have access to lot B-026-04 they will need to create a wetland crossing. Alec MacMartin stated that the applicant will need to put a note on the plan to insure that access to the new lot is restricted to the currently proposed road. He noted that the Board would probably ask that applicant to remove the southerly most access on Lot B-026-02.

 

After more discussion, the Board directed the applicant to do a Phase 1-A environmental study and to be sure to include a determination as to the contents of the storage barrels.

 

The Board noted that the easement for Lot B-026-01 needs to be marked.

 

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to continue the application to January 16, 2007.

Voting: 6 ayes; motion carried. 

 

6.      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.

 

Matt Fish left the Board as a voting member at 8:40 p.m.

 

Steve Keach, of Keach-Nordstrom, appeared before the Board for the applicant. Chairman Jeff Kandt stated that he has spoken to Tracey Turner of the Lyndeborough Planning Board and they decided that they would have joint meetings for this application on the first Wednesdays of the month, and the location would switch between Lyndeborough and Wilton. However due to the holiday, the first meeting will be January 23, 2008 at 7:30 p.m. in Wilton. Steve Keach stated that he thinks there should be a joint notice that both boards post and publish in the Milford Cabinet. He explained that usually in this situation there is a host town which takes responsibility for the case and he suggested that he could send a memo to both boards as to the procedures necessary for joint meetings. He also requested another abutter notification as separate notice from both boards is required for the joint meeting.

 

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to continue the application to January 23, 2008.

Voting: 5 ayes; motion carried.  

 

Matt Fish returned to the Board as a voting member at 8:50 p.m.

 

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

 

Raymond Shea, of Sanford Survey, appeared before the Board for the applicant. He stated that he has received a letter stating that Fire Chief has no concerns with the proposal and he has received state subdivision approval. Raymond Shea noted that while he has not been able to speak to Road Agent Steve Elliott, Steve Elliott has been out to review the site of the proposed entrance and Raymond Shea has applied for a driveway permit.  

 

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to continue the application to January 16, 2008.

Voting: 6 ayes; motion carried.

 

New Applications:

 

8.      Scenic Road Public Hearing - Public Service of New Hampshire (PSNH):  Trimming and Removal of trees and brush along sections of King Brook, Russell Hill and Wilson Roads to improve reliability of electrical service to customers per RSA 231.158.

 

Dave Crain, Arborist for Public Service of New Hampshire, appeared before the Board for the applicant and explained that as part of their maintenance plan, which occurs on a five year rotation, PSNH is proposing to trim about half the Wilton trees including those in the Southern part of Wilton and in part of Wilton Center in the next year. He explained that these areas include two scenic roads, Wilson Road and Russell Hill Road. He noted that the trees on these areas are in average condition which means they need trimming but the situation is not extreme. He stated that there are nine danger trees that PSNH would like to take down, noting that most are dead except for two pine trees on Wilson Road which are healthy, but are rubbing or have the potential to rub the wires.  He noted that currently there is a temporary cover on one of the wires where rubbing has occurred. In response to questions from the Board, Dave Crain stated that he will notify every affected land owner of any work which is to be done on their property or in the right of way in front of their property. He also explained that PNSH looks to trim trees or limbs 4 inches in diameter or larger which are within 8 feet of the side, 15 feet above, and 10 feet below the wires.  

 

Spencer Brooks stated that the Conservation Commission should have a discussion with Dave Crain.

 

Dick Rockwood suggested that the Conservation Commission and Dave Crain walk the route and note each tree which is being proposed for removal.

 

Neil Faiman stated that he feels that the Board needs more specific information before consent can be given and he volunteered to join Dave Crain and the Conservation Commission representative on the walk.

 

In response to a question from the Board, Dave Crain noted that landowners do have rights and can refuse the cutting of trees; however he explained that PSNH can go to the Board of Selectman to get permission if they feel it is necessary.

 

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to continue the application to January 16, 2008.

Voting: 6 ayes; motion carried.

 

9.      Subdivision – Hillside of Wilton, LLC – Lot D-084 on Pead Hill Road in the Residential/Agriculture District.  Applicant is proposing to subdivide said lot into seven (7) lot subdivision.

 

Alec MacMartin and Neil Faiman stepped off the Board as voting members at 9:08 p.m.

 

Matt Fish noted that he has pruned apple trees and plowed for a logging contractor on the site in the application, however the Board did not feel that this was a conflict of interest.

 

Marc DeMontigney appeared before the Board and explained the history of the site, stating that he has had a state permit for tree cutting and a temporary logging crossing approval. He then brought in John Ferguson to monitor the cut and wetland intrusion. Then he hired Bags Land Consultant to do a soil mapping delineation for erosion control monitoring. Next he engaged Steve Elliott to map an area for the road cut and proceeded to cut as mapped. He noted that New England Erosion Control was in charge of monitoring the erosion control efforts. He explained that they had created a plan with three private ways but after discussion with abutters and the Fire Chief it was determined that one access was preferable. He noted that this would also reduce the number of wetland crossings. He stated that he has letters of consent from both the Fire Chief and Road Agent and he has also met with the Zoning Board. He also noted that he has hired Fremeau Appraisal to do an impact study and has received a dredge and fill permit and alteration of terrain permit. He explained that a site walk was completed with the Zoning Board and abutters and the major concern was water. Marc DeMontigney explained that they wanted to keep houses back so as not disturb the apple orchards and fields and the view down Carnival Hill. He noted that they kept strong buffers between neighbors and are proposing detention ponds which have been enlarged since the original plan. He noted that Steve Wagner thought that the plans were very detailed. He also stated that he got a letter from the soil scientist who is planning on meeting with the Conservation Commission on January 14, 2008. He also noted that they have revegetated the disturbed areas and that DES is satisfied with the work they have completed to date. Marc DeMontigney explained that the D’Amores have expressed concerns as to their right to cross over the land to get to Old Stage Road and so they are considering a walking trail which would give pedestrian access to Carnival Hill.

 

In response to a question from Dick Rockwood, Marc DeMontigney stated that they will need to create some sort of association to deal with the road maintenance of the private road and that they are proposing overheard utilities along the private road and then underground to the lots.  

 

Stephen Toth, from Toth Engineering, stated that the proposed private way has been placed on the old log clearing road so as to reduce disturbance to the site. He explained that they have been to the Zoning Board for approval of the private road for six houses. He noted that they are proposing capturing the post development water with the private way swales and they are also looking at erosion controls with proper head walls in the outlets as required.

 

In response to a question from Dick Rockwood, Stephen Toth stated that the association will take care of the maintenance of the drainage systems.  

 

In response to a question from Brian Sullivan, Stephen Toth stated that they looked at trying to find good shaped lots and tried different scenarios in order to try to get the envelopes as large as possible.

 

Brian Sullivan noted that in order to have reduced frontage lots approved it is the applicants responsibility to prove that they are better then a conventional configuration.

 

Matt Fish noted that he does not want to disturb the large open fields.

 

In response to a question from the Board, Stephen Toth stated that the total area of the site was 81.6 acres and he noted that he was the one who proposed exposed utilities versus underground due to the character of the area.

 

Linda Gonzalez, of 42 Pead Hill Road, stated that she would like to be sure that proper consideration is given to the plan with regards to water issues and the Board noted that they have a separate engineer who represents the town who will evaluate the plan.

 

It was determined that there is presently no litigation as a result of the flooding in April 2007.

 

Matt Fish noted that he feels it is unfair to blame one site for the issues which impacted Pead Hill as he feels that it was a systematic break down in the culvert system from the top down and that the Board can not plan for such catastrophic events such as the flooding of April 2007 unless they are going to become commonplace occurrences.

 

Stephen Toth noted that due to complaints from neighbors, the Department of Environmental Services inspected the site and they are currently satisfied that the applicant has done everything necessary in terms of the logging operations.

 

Tom Hahnl, of 297 Curtis Farm Road, stated that this was the first time he had been notified of the town meeting and that he hasn’t had any interaction with anyone and he was not aware that this was going to occur when he bought his house.

 

In response to questions from Tom Hahnl, Marc DeMontigney stated that the homes will be 5,000 to 8,000 SF, they do not know how long the construction will take and there will not be any blasting.  

 

In response to a question from Jim Stearns, of 70 Pead Hill Road, the Board explained that the repair work which has been occurring on Pead Hill has largely been paid for with FEMA  funds and that once a home owner correctly installs drainage any repair or maintenance of the drainage becomes the responsibility of the town.  

 

The Board and the public discussed existing roads with regards to water issues.

 

Lou D’Amore, of 40 Hillside Road, presented plans, which the applicant presented to the Zoning Board, which show a woods road that he feels he has an easement on and is no longer shown on the new site plan.

 

Marc DeMontigney stated that the woods road will be loamed and seeded and no longer used but that he will still provide a right of way for the D’Amores.

 

The Board discussed how to move forward noting that they would wait a while to hold an official site walk.

 

Dick Rockwood requested that all the easements be delineated on the plan.

 

David O’Hara noted that any existing easements are not locatable therefore not able to be noted.

 

In response to a question from Marc DeMontigney, Neil Faiman stated that it his recollection that in the past, in matters of conflict the Board has let personal matters be personal and moved forward on the plans.

 

Steve Wagner suggested that the matter be given to Town Counsel for guidance to the Board.

 

A MOTION was made by Dick Rockwood and SECONDED by Brian Sullivan to continue to application to January 16, 2008.

Voting: 4 ayes; motion carried.

 

10.  Other Business         

 

Matt Fish noted that he had received an email about pending excavation legislation. The Board decided that they would take the appropriate measures to object to the proposal.

 

11.  Adjournment

 

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

Voting: 6 ayes; motion carried.

 

Chairman Jeff Kandt declared the meeting adjourned at 11:15 p.m.

 

Respectfully Submitted,

Heather Loewy Nichols

Recorder

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