TOWN OF WILTON

PLANNING BOARD MEETING

Approved 2/20/08

 

DATE:            January 16, 2008

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

PRESENT:     Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, Matt Fish, Recorder Heather Loewy Nichols, NRPC Representative Steve Wagner.

ABSENT: Brian Sullivan, Alternate Member Bill Condra, Alternate Member Dave Holder, and Board of Selectman Representative Dick Rockwood.

 

The agenda was amended as follows:

1.)                  Household of Faith – Subdivision

2.)                  Perham Woods – Cluster Subdivision

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

4.)                  Al Lindquist – Subdivision Application

5.)                  Daniel and Judy Poitras – Subdivision Application

6.)                  First Light Farm – Cluster Subdivision

7.)                  Public Service of New HampshireScenic Road Public Hearing

8.)                  Hillside of Wilton, LLC – Subdivision Application

9.)                  New Sparton Properties, LLC – Excavation

10.)               Janice Sanders Re Trust – Lot Line Adjustment

11.)               Kevin J. Degroot- Minor Site Plan

12.)               E & T’s United Venture, Inc – Non-Residential Site Plan

13.)               Lemire Revocable Trust – Sign Application

14.)               Other Business

15.)               Adjournment

 

Chairman Jeff Kandt opened the meeting at 7:38 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 7:39 p.m.

 

As there was no quorum present the application was continued to February 20, 2008.

 

Alec MacMartin returned to the Board as a voting member at 7:42 p.m.

 

2.      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, of Monadnock Survey, appeared before the Board for the applicant and stated that she has met with the district engineer at the state level and while the state will allow a change on Dale Street they will not allow a turning lane on Route 31 as they feel there is not enough traffic to warrant it. She requested a continuation.

 

In response to a question from the Board, Dawn Tuomala stated that she expects to be receiving a letter from the state verifying their position.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to February 20, 2008.

 

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

 

As there was no quorum present the application was continued to February 20, 2008.

 

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

 

4.      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.

 

The Board noted that they had received notice that the applicant is requesting a continuance. 

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to February 20, 2008.

Voting: 4 ayes; motion carried.

 

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

 

Ray Shea, from Sanford Surveying, appeared before the Board for the applicant and stated that at the last meeting the applicant had received state subdivision and dredge and fill approval and approval from the Fire Chief. He explained that he has met the Board’s requests from the last meeting also including adding Note 4 regarding the wetland, adding culvert sizes to the plan, and receiving a driveway permit. He also submitted a letter from Road Agent Elliot which indicated that a 15” culvert might be needed at the driveway. He also stated that he has met with the Board of Selectman and they voted not to enforce any off site improvements.

 

Alec MacMartin stated that a note should be added taking into account the possible need for the 15” culvert as requested by Road Agent Elliot.

 

Ray Shea noted that setting the bounds is the only item remaining.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to accept the application.

Voting: 4 ayes; motion carried.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to approve the application contingent on verification of the set bounds for the common boundary line of the two lots.

Voting; 4 ayes; motion carried.

 

Neil Faiman volunteered to walk the bounds and Ray Shea stated that he will let him know when they are set.

 

Fees to be Paid:

NRPC Fees: $211.25

Registry Fees: $26

 

6.      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. 

 

Donald Sienkiewiez appeared before the Board and explained that they are working on tweaking the drainage and he expects to have it complete on the next revision. He stated that the fire pond has been expanded because of the Fire Chief’s requirements plus the pond engineers self filtering design. He explained that they are planning on moving the wells to the back of the site on the next plan.

 

Chairman Kandt then read a letter from Fire Chief Dick which stated that he is recommending that the Board not approve the plan for the following reasons: the access road is less than 24’ wide; there is no second access; the developer wants to maintain the access road himself which means that in case of fire if the road is not properly maintained, the Highway Department cannot take measures to allow access to the site such as sanding; the water supply needs to be more defined as to who will maintain the fire pond and more information is needed on the hydrant size.

 

The Board and the applicant discussed the necessary width of the access road. The applicant would like the access road to be 16’ of pavement and 3.3’ of harden grass shoulders on either side and the Fire Chief would like the road to be 24’ wide. The applicant feels that while his access road plan may not meet standard regulations he does not see where it is prohibited. The applicant noted that Issac Frye Road is only 16’ wide and feels that the thinner the road is the slower people will drive. Alec MacMartin noted that his concern is safety in terms of access for fire trucks. He noted that according to the road regulations if there are over 200 trips per day on the road (this plan would have 220) the regulations call for a minimum of 20’ of road with 4’ shoulders.  The Board discussed whether they should send the road design to be evaluated by Dennis LaBombard or to a traffic engineer. The Board discussed the need for more information from the Fire Chief regarding his reasoning for the need for a wider road and why he feels that there is no second access.

 

A MOTION was made by Neil Faiman and SECONDED by Matt Fish that the Board send a letter to Fire Chief Dick to request a written elaboration within two weeks about his concerns including why he feels a 24’ wide road is necessary and why he has disregarded the secondary access road. Also the Board would like to receive an inventory of his equipment including length, mirror to mirror width, and weight specifications. Also included in the motion is that the Board submit a request to Dennis LaBombard with the Fire Chief’s concerns and any further information which comes from the Chief in the next two weeks and request his opinion on the suitability of the three different proposed road widths with regards to Wilton’s access vehicles.

Voting: 4 ayes; motion carried.

 

NRPC Representative Steve Wagner suggested that the applicant may want to start working on any offsite issues which may be needed.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to February 20, 2008.

Voting: 4 ayes; motion carried.

 

7.      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. He explained that the Board had requested input from the Conservation Commission at the last meeting and since then they have gone on a site walk and looked at the 9 trees he was proposing and added 3 additional trees to be removed.

 

Neil Faiman stated that he had asked to go on the walk also and he had not been told that it was taking place.

 

Bart Hunter, of the Conservation Commission, stated that they looked at the trees in question today and he did not see any problems with what PSNH is proposing. He stated that each of the trees in question obviously had problems and is an obvious danger to power lines.

 

Chairman Kandt asked for abutters and saw none.

 

Bart Hunter noted that all but one tree is in the town right of way.

 

Dave Crain noted that regardless of whether the trees are in a town right of way or not PSNH’s subcontractor will notify all affected owners.

 

Neil Faiman noted that he is still concerned that the Board is being asked to make a decision with no direct information rather with only the recommendations of PSNH and the Conservation Commission.

 

In response to a question from the Board, Dave Crain explained that the subcontractor will contact all the land owners and try to work out any issues with them and if this is not possible there is a provision which allows PSNH and the abutter to appear before the Board of Selectman.

 

The Board decided that they would prefer to have Neil Faiman complete a site walk with Dave Crain and report back to the Board.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to February 20, 2008.

Voting: 4 ayes; motion carried.

 

8.      SubdivisionHillside 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 9:09 p.m.

 

There was not a quorum present.

 

A MOTION was made by Jeff Kandt and SECONDED by Matt Fish to continue the application to January 23, 2008, noting that this application will be the second item on the agenda.

Voting: 2 ayes; motion carried.

 

Alec MacMartin and Neil Faiman returned to the Board as voting members at 9:15 p.m.

 

New Applications:

 

9.       Excavation Renewals- New Sparton Properties, LLC

            Map/Lot F-122, M-059 off Abbot Hill Road

Map/Lot F-173, E-022, E-023, E-017 and E-021 off Route 31 South

 

Tom Quinn appeared before the Board. The Board discussed the fact that a site walk is needed to grant approval but that this is not really possible due to the snow on the ground.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to grant a temporary extension of the excavation permits for the above lots until May 1, 2008 provided that the continuing bond remains in place until then.

Voting: 4 ayes; motion carried.

 

The Board noted that the applicant will need to make sure he is on the April meeting agenda which should take place on April 16, 2008.

 

10.  Lot Line Adjustment – Janice Sanders Rev TrustLot A-031-01 Applicant is adjusting parcel A from A-031-01 to A-031 and Parcel B from A-031 to A-031-01

 

Dawn Tuomala appeared before the Board for the applicant. She explained that this application is for a lot line adjustment between lots A-031 and A-031-01. She stated that lot A-031-01 is own by Janice Sanders and lot A-031 is owned by Wilton Realty Trust. She explained that Peter and Barbara Sarrantos would like to purchase the 3.2 acre parcel in front of their house and in exchange Mrs. Sanders would like to buy a 0.7 acre parcel so that her driveway is on her lot. She noted that this will make the area of the Sanders site 14 acres and the area of the Sarrantos site will be 28.6 acres.

 

      The applicant is requesting the following waivers:

1.  Locations of existing buildings within 100 feet of property lines.

2.  Locations of existing septic system leach fields within 100 feet of property lines.

3.  Area of proposed lots – wet, dry and total. Waiver for wet and dry areas.

4.  Existing and proposed topography.

5.  Soil boundaries and types.

6.   Locations of existing and proposed utility lines.

 

The Board noted that the plan sites Note 15 but it should site Note 12 and also that there is a hydrant which may need an easement.

 

Alec MacMartin volunteered to walk the bounds.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to grant the above noted waivers and to accept the plan.

Voting: 4 ayes; motion carried.

 

Chairman Kandt asked for abutter comment.

 

In response to a question from Deidra Clark, of lot A-012, Dawn Tuomala stated that she does not believe that the new owners are planning on using the gate entrance on Parcel A.

 

Deidra Clarke noted that Note 7 should be changed to only allow the Planning Board to make changes and that Note 11 has the lot designations reversed.

 

In response to a question from Deidra Clark, Dawn Tuomala stated that she does not believe the dam on the site is more then 4’ high and therefore that it does not need to be registered and inspected.  Alec MacMartin stated that one could check with the Department of Environmental Services to see if it has been registered.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to continue the application to February 20, 2008.

Voting: 4 ayes; motion carried.

 

11.  Minor Site Plan – Kevin J. DegrootLot J-016 Applicant is proposing a 3 unit residential building utilizing the existing Odd Fellows Hall.

 

Alec MacMartin and Matt Fish stepped off the Board as voting members at 9:49 p.m.

 

There was not a quorum present.

 

A MOTION was made by Neil Faiman and SECONDED by Jeff Kandt to continue the application to January 23, 2008 noting that this application will be the third item on the agenda.

Voting: 2 ayes; motion carried.

 

Alec MacMartin and Matt Fish returned to the Board as voting members at 9:51 p.m.

 

12.  Non-Residential Site Plan – E & T’s United Venture, Inc. – Lot L-027

Applicant is proposing additional parking and storage in rear of building

 

Neil Faiman noted that he sat on the Zoning Board for this case but he is not going to remove himself from the Planning Board.

 

Dawn Tuomala appeared before the Board for the applicant and explained that recently the Board approved a lot line adjustment in the back of this site which transferred land from the town of Wilton to LA Limo and since then she has been to the Zoning Board and has been granted two decisions. She noted that this site is in the residential district, is not within the aquifer protection district, but is partially within the 250’ shore line protection zone. She explained that the Zoning Board decided to allow the applicant to store trailers from another business on the property and accordingly she has added Note 13 to the plan which says that the storage space cannot be rented.

 

Alec MacMartin suggested that Note 13 should also state that no residential occupancy can occur in the storage trailers.

 

Neil Faiman suggested that Dawn Tuomala bring in the November revision of the plan that the Zoning Board saw so the Planning Board can compare the revisions.

 

Dawn Tuomala noted that she has spoken to the Souhegan River Local Advisory Committee and they have submitted a letter which states that while this plan will not affect the river and therefore they have no jurisdiction they had several suggestions mostly related to drainage control.

 

Alec MacMartin suggested that a note should be added to explain pavement boundaries.

 

Dawn read a decision from the ZBA to allow a sign out front.

 

The Board noted that more specifics on the lighting of the sign should be noted on the plan such as no internal lighting.

 

Alec MacMartin asked that the height of the fence be included on the plan.

 

The Board suggested that the vegetation buffer be used more appropriately and with the abutters in mind.

 

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

Voting: 4 ayes; motion carried.

 

The Board discussed with the applicant Steve Wagner’s suggestion of the need for impervious coverage.

 

Alec MacMartin suggested a note about the maintenance of the catch basins and possibility of registering the site plan with the state.

 

A MOTION as made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to February 20, 2008.

Voting: 4 ayes; motion carried.

 

13.  Sign Application – Lemire Revocable Trust – Lot J-063 Sandra Hector is proposing a sign located at 10 Main Street Unit 18 for a retail store

 

There were no applicants present. The Board discussed the application and decided that they were uncomfortable approving the application without an applicant present. They noted that they would like to know how wide the building which the applicant occupies is.

 

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

Voting: 4 ayes; motion carried.

 

14.              Other Business   

 

Alec MacMartin stated that Water Commissioner Tom Herlihy submitted to him a preliminary report from Emory & Garrett, which shows existing and proposed well head protection areas. The Board discussed which sites and excavation pits would be affected by the proposed increased areas.

 

The Board discussed grandfathered excavation sites.

 

The Board discussed the pending legislation regarding excavation sites and how they would like to communicate to the state their opposition to the proposal.

 

The Board decided to draft a letter from the Board and signed by Alec MacMartin via email to be sent to the NH legislature.

 

15.     Adjournment

 

A MOTION was made Neil Faiman and SECONDED by Alec MacMartin to adjourn the meeting.

Voting: 4 ayes; motion carried.

 

Chairman Jeff Kandt declared the meeting adjourned at 11:13 p.m.

 

Respectfully Submitted,

Heather Loewy Nichols

Recorder

 

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