TOWN OF WILTON

PLANNING BOARD MEETING

Approved 2/20/08

 

DATE:            January 23, 2008

TIME:            7:30 P.M.

PLACE:          Wilton Town Hall Courtroom

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

Lyndeborough Board Members: Chair Tracey Turner, Bill Ball, Bob Rogers, Mike Decubellis, and Clerk Pauline Ball.

 

The agenda was amended as follows:

1.)                  Provost 1993 Trust – Subdivision Application

2.)                  Hillside of Wilton, LLC - Subdivision

3.)                  Kevin Degroot – Minor Site Plan

4.)                  Lemire Revocable Trust – Sign Application

5.)                  Minutes

-          October 17, 2007

-          November 28, 2007

-          December 19, 2007

-          January 16, 2008

6.)                  Other Business

7.)                  Adjournment

 

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

 

Continuations:

 

Matt Fish removed himself from the Board as a voting member at 7:40 p.m.

 

1.       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

 

The Board discussed procedure protocol with the applicant.  

 

A MOTION was made by Neil Faiman and SECONDED by Dick Rockwood to appoint Jeff Kandt as the interim chairman for this meeting.

Voting: 4 ayes; motion carried.  

 

Chairman Jeff Kandt appointed Bill Condra to the Board as an alternate for Matt Fish.

 

The Board discussed procedural order. Lyndeborough Chair Tracey Turner stated that her Board usually has the applicant give their presentation, then opens the floor for public comments and questions, then closes the floor for public comment and then the Board discusses the presentation. She also suggested that the chair for each meeting should be from whichever town the meeting was held in at the time, for instance a meeting held in Wilton will have a chair from the Wilton Planning Board.

 

The Boards noted that each separate Planning Board should have their own deliberations but they will not be able to hear testimony separately. They also noted that each Board will make decisions independently on issues which fall in their jurisdiction and may vote jointly if the issue involves both towns, as long as the motion is worded appropriately.

 

The applicant requested that the application be accepted. The Wilton Planning Board stated that they do not have the plans in front of them so they could not accept the application this evening. The Lyndeborough Planning Board stated that they have not gone over their check list, as is their procedure, so they are not ready to accept the application.

 

The Board discussed the next meeting and determined that it will occur on February 21, 2008 at 8:30 p.m. at Citizen’s Hall in Lyndeborough.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to continue the application to February 21, 2008.

Voting: 6 ayes; motion carried.

 

A MOTION was made by Bob Rogers and SECONDED by Bill Ball to continue the application to February 21, 2008.

Voting: 4 ayes; motion carried.

 

Matt Fish returned to the Board as a voting member at 8:00 p.m.

 

2.      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 left the Board as voting members at 8:03 p.m.

 

Chairman Kandt appointed Bill Condra to the Board as an alternate for Alec MacMartin.

 

Stephen Toth from Toth Engineering appeared before the Board and explained that the applicant is hoping to have the application accepted this evening so that the plans can be sent out to Dennis LaBombard. He stated that last month the Board expressed concerns about the lot design and easements, so the applicant changed the lot design to a more standard configuration and added an easement which anyone can use for access to Pead Hill Road.

 

In response to a question from the Board, Stephen Toth stated that the applicant prefers the new lot design.

 

In response a question from Dick Rockwood, Stephen Toth stated that a stipulation will be added to the plan stating that the buildings need to be placed in the general location of the boxes shown on the plan. He also explained that some lots continue across the private way.

 

Matt Fish noted that with the new design one will probably not be able to see the subdivision from Pead Hill Road.

 

After questions from the Board, Stephen Toth explained that the road has not been changed from the original plan.

 

The Board discussed whether the proposal has regional impact.

 

A MOTION was made by Matt Fish and SECONDED by Dick Rockwood to find that the proposed subdivision does not need notification as a regional impact project.

Voting: 5 ayes; motion carried.

 

In response to a question from Elizabeth Dunn, an abutter along the south side of the property, the Board stated that these new plans will be available to the public in the town hall.

 

The Board, Stephen Toth, and Attorney Greg Michael discussed whether the application could be accepted. The Board noted that while they have the detailed plan for the old design the applicant has not provided a detailed plan for the new design and therefore has not met the requirements for acceptance.

 

Steve Wagner noted that the plan could be sent to Dennis LaBombard so that he has it when the Board is ready for him to evaluate it.

 

The Board asked for six full sets of the new plan and stated that they would send one of the sets to Dennis LaBombard for an estimate and they will forward the estimate to the applicant as soon as it is received.

 

In response to Linda Goinsalvos, an abutter, Chairman Jeff Kandt explained that the Board still needs to perform a site walk before approval, but current conditions are not ideal. He noted that acceptance does not mean approval.

 

Elizabeth Dunn stated that she would like more information on the proposed fire pond and felt that it should be placed where the property owners bear the risk of it if it were to malfunction. The Board explained that the engineer will look at this issue for the town. Stephen Toth noted that the fire pond location was set by a combination of the Fire Chief’s needs and the possibilities of the site.

 

Lou D’Amore, an abutter on the South side of the site, stated that he did not feel that the minutes of the December 19, 2007 meeting accurately described his comments and he asked that a letter from him be entered into the record. He stated that he feels that the houses on Hillside Road need to be looked at, that his easements are not being reflected on the plan, and that this plan is unacceptable.

 

Chairman Jeff Kandt noted that the letter from Road Agent Elliott only addresses the private road off of Pead Hill Road and does not mention Hillside Road.

 

Matt Fish stated that there is little the Board can do because the applicant is meeting the Class V road requirements; although he agreed that the road is in bad condition.

 

Spencer Brookes noted that the road also has a right of way problem and is difficult to widen due to easements.

 

Steve Wagner noted that he would like to see some resolution to the easement issues before the plans are approved.

 

In response to a question from Brian Sullivan, Elizabeth Dunn stated that the easements used to be marked by stone walls and the applicant removed the stone walls, and therefore the markers, when they commenced their logging operation.

 

Dave O’Hare presented a survey, dated February 23, 1999, to the Board. He explained that it was completed when the site was subdivided from the original lot and noted that while it does include notes about easements it does not show any specifics.

 

A MOTION was made by Brian Sullivan and SECONDED by Dick Rockwood to continue the application to February 20, 2008.

Voting: 5 ayes; motion carried.

 

Dick Rockwood suggested that the Board ask for an opinion in the matter of the easements from Town Council.

 

Alec MacMartin and Neil Faiman returned to the Board as voting members at 8:53 p.m.

 

3.      Minor Site Plan – Kevin J. DegrootLot J-016

      Applicant is proposing a 3 unit residential building utilizing the existing Odd Fellows Hall

 

Alec MacMartin, Bill Condra, and Matt Fish left the Board as voting members at 8:54p.m.

 

Dawn Tuomala, from Monadnock Survey, explained that the lot at 9 Dale Street formally known as Odd Fellows Hall, is now owned by Kevin Degroot. She explained that the site is on town water and sewer and that she has gone to the Zoning Board and obtained a variance and a special exception as noted Note 11 and 12 on the site plan, which allows the applicant to convert the building into three residential apartments. She presented a letter of approval from Road Agent Elliott and a letter from Fire Chief Dick. She noted that the Fire Chief sent the plan out for review by a private fire inspector and did place conditions on the inside of the building such as alarms and sprinklers which have to be met. She also explained that parking will be separated from the church parking lot by a fence line and five foot strip of grass. She explained that she is proposing a walkway to access each of the units and putting in sub-drains around the building because water is causing damage to the building. Dawn Tuomala discussed her proposed drainage plans and noted that there would two small retaining walls on the site.

 

In response to a question from Brian Sullivan, Kevin Degroot stated that rent on the apartments will be around $1,000-$1,200. He explained that each unit is 1,200 SF and that rather then a conventional layout he has placed the bedrooms on the bottom floor and the living areas on the top floor to preserve the original design of the building.

 

The Board and the applicant discussed the proposed retaining walls and the applicant noted that they would be made out of pre-fabricated interlocking wall.

 

In response to a question from the Board, the applicant explained that the overhead rendering shows the large overhead of the trees and that snow storage will be able to occur underneath the trees.

 

In response to a question from the Board, the applicant explained that there will not be a dumpster as noted in Note 13.

 

The Board asked for abutter comment.

 

Bill Condra, trustee of the abutting Congregational Church, stated that the trustees unanimously voted in favor of the plan earlier this evening.

 

In response to a question from Dick Rockwood, the applicant stated that he would be creating patios out of impervious blocks.

 

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

Voting: 4 ayes; motion carried.

 

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

Voting: 4 ayes; motion carried.

 

Fees:

      Wilton: $688

      NRPC: $162.50

 

Matt Fish, Alec MacMartin, and Bill Condra returned to the Board as voting members at 9:23p.m.

 

4.       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

 

Sandra Hector explained that instead of the new sign, for which she submitted an application, she is going to keep the current sign and just repaint it. She stated that the sign is 26” wide and 16’” high (the same size as the display window,) made out of duct material, and will not be illuminated.

 

A MOTION was made by Bill Condra and SECONDED by Dick Rockwood to approve the sign application of Bel Galleria subject to the provision that the width of the sign does not exceed width if the occupants building space.

Voting: 7 ayes; motion carried.

 

Fees:

      Wilton: $50

 

5.      Minutes

·        October 17, 2007

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to accept the minutes of October 17, 2007 as written.

Voting: 6 ayes; motion carried with Brian Sullivan abstaining

 

·        November 28, 2007

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to accept the minutes of November 28, 2007 with the following amendment:

-         Page 8, Item #12: Alec MacMartin removed himself from the Board as a voting member.

Voting: 7 ayes; motion carried.

 

·        December 19, 2007

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to approve the minutes of December 19, 2007 with the following amendments:

-         Correct the item numbering (#5 has been omitted)

-         Replace “Cappy” with “Marc DeMontigney” throughout.

Voting: 7 ayes; motion carried.

 

·        January 16, 2008

The Board decided to review these minutes at the beginning of the next meeting. They asked that minute review be placed as the first item on agendas rather then at the end.  

 

6.       Other Business:

-         Planning Board membership

Chairman Jeff Kandt explained that on the March 2008 ballot there will be an opening for two 3 year Planning Board positions which Matt Fish and Jeff Kandt are currently filling and there will be a 2 year term to complete David Deysher’s abandoned position.  He noted that Bill Condra is running for a Board of Selectman position and if he were to win he could not be an alternate on the Planning Board. Also Matt Fish and Jeff Kandt stated that they are rerunning. The Board brainstormed a list of people who might consider running for the third open position.

 

-         Meeting Schedule

The Board discussed the possibility of scheduling two meetings a month in order for each meeting to end earlier.

 

A MOTION was made by Neil Faiman and SECONDED by Bill Condra to schedule a regular monthly work session the first Wednesday of every month which can be cancelled by the chairman if appropriate. At all meetings no new business will be heard after 9:30 p.m. and the meeting will close at 10:00 p.m. absent of a unanimous vote otherwise. No cases will be scheduled for work session meetings unless they were not heard on the main meeting due to time constraints or lack of a quorum.

Voting: 5 ayes (Faiman, Fish, Condra, Sullivan, Kandt) 1 nay (Rockwood) 1 abstention (MacMartin); motion carried.

 

-         House Bill 1223-FN-L

Chairman Jeff Kandt read the letter the Board submitted to the Municipal and County Government Committee regarding their opposition of House Bill 1223-FN-L.

 

The members of the Board who were present at the hearing of House Bill 1223-FN-L recapped the hearing for the rest of the Board. Discussion ensued.

 

7.      Adjournment

A MOTION was made by Bill Condra and SECONDED by Alec MacMartin to adjourn the meeting.

Voting: 7 ayes; motion carried.

 

Chairman Jeff Kandt declared the meeting adjourned at 10:37 p.m.

 

Respectfully Submitted,

Heather Loewy Nichols

Planning Board Clerk   

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