TOWN OF WILTON

PLANNING BOARD MEETING

Approved 3/19/08

 

DATE:            February 20, 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, Neil Faiman, Board of Selectman Representative Dick Rockwood, NRPC Representative Steve Wagner, Recorder Heather Loewy Nichols and Bill Condra (arrived at 7:48 PM).

ABSENT: Matt Fish.

 

The agenda was amended as follows:

1.)                  Minutes

-          January 16, 2008

-          January 23, 2008

2.)                  Household of Faith – Subdivision

3.)                  Zuber & Briglia – Caveat Lot Consolidation

4.)                  First Light Farm – Cluster Subdivision

5.)                  Perham Woods- Cluster Subdivision

6.)                  Lindquist – Subdivision Application

7.)                  Public Service of NH – Scenic Road Public Hearing

8.)                  Hillside of Wilton, LLC – Subdivision

9.)                  Janice Sanders Revocable Trust – Lot Line Adjustment

10.)               E & T’s United Venture – Non-Residential Site Plan

11.)               Gary & Betty Raymond – Subdivision Application

12.)               E & T’s United Venture – Sign Application

13.)               Other Business

14.)               Adjournment

 

Jeff Kandt opened the meeting at 7:36 p.m.

 

1.       Minutes

-         January 16, 2008

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to approve the minutes of January 16, 2008 as written.

Voting: 3 ayes (Sullivan and Rockwood abstained); motion carried.

 

-         January 23, 2008

A MOTION was made by Dick Rockwood and SECONDED by Neil Faiman to approve the minutes of January 23, 2008 as written.

Voting: 5 ayes, motion carried.

 

Continuations:

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

Conditionally approved - 5/2/07

 

Alec MacMartin left the Board as a voting member at 7:40 p.m.

 

Peter Manha appeared before the Board and stated that he had received a letter from Town Counsel with regards to the condominium documents he had previously submitted to the Board. He presented the Board with new documents, which included the requested changes. He stated that the new documents have not been resubmitted to Town Counsel. He also presented the Board with new plans which had been changed per the direction of Town Counsel to include elevations and the words “not complete” to the plans. The Board stated that they will send the new documents to Town Counsel for evaluation.

 

A MOTION was made by Dick Rockwood and SECONDED by Brian Sullivan to continue the application to March 19, 2008.

 

Alec MacMartin returned to the Board as a voting member at 7:46 p.m.

 

2.      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 7:47 p.m.

 

Walter Zuber appeared before the Board and stated that the current proposed documents are being evaluated by Town Counsel and requested a continuance.

 

A MOTION as made by Dick Rockwood and SECONDED by Brian Sullivan to continue the application to March 19, 2008.

 

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

 

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. 

 

Donald Sienkiewicz appeared before the Board and stated that since his last appearance he has met with the Board of Selectman and they have agreed to an offsite improvement amount of $1500 per unit payable upon issuance of the occupancy certificates. He also stated that as far as the road width is concerned the Board has already heard his arguments and received opinions from both Fire Chief Dick and Dennis LaBombard. Dick Rockwood stated that he feels that the Board should follow the recommendations of Dennis LaBombard. Chairman Kandt stated that he is sympathetic to the applicant’s arguments but that he finds it hard to disregard the safety concerns of the Fire Chief. The applicant stated that he feels that the Fire Chief and Dennis LaBombard did not evaluate and rebut each of his arguments. In response to questions from the Board, Donald Sienkiewicz stated that he is proposing 16’of pavement with 3.5’ on either side of reinforced grass surface which will always be plowed out to the 22.5’. In response to more questions he stated that the reinforced grass paving is plowable although he noted that it will require special shoes on the plow blade. Alec MacMartin stated that he is worried about the side of the pavement degrading and about having a surface that can be plowed to drivable conditions throughout the winter. Neil Faiman echoed Alec MacMartin’s concerns.

 

A MOTION was made by Dick Rockwood to follow the recommendations of Dennis LaBombard. The motion was not seconded.

 

Bill Condra noted that the road is longer than regulation length at 1100’.

 

Brian Sullivan noted that the Planning Board can not vote on every little aspect of the plan and suggested that the applicant submit a plan he thinks he can get approved.

 

Alec MacMartin stated that he is willing to go over the information presented by the applicant if the applicant is willing to wait, but that he feels that input from Ray Shea will be helpful.

 

In response to a question from Chairman Kandt, Donald Sienkiewicz stated that he is not sure if ASHTO has different recommendations when a second access is provided because it seems mostly concerned with traffic accidents.  

 

Brian Sullivan stated that he would be willing to allow 20’ of pavement with 2’ of shoulder on both sides. The applicant noted that the main road on the top of the hill is 12’ wide gravel grass to grass. In response to the Boards concern about the narrowing of the road due to snow, he stated that the snow could be pushed off the road onto the adjacent fields.  The Board and the applicant agreed that 20’ pavement and 2’ of shoulder for the connector road and the 14’ roads on top of the hill would be acceptable.

 

Donald Sienkiewicz explained that he has been working on making the fire pond a working swimming pond. He questioned whether he would be able to build the fire pond after building six houses and before starting the seventh house, noting that six houses on that land with only the fire pond at Moheban’s was previously acceptable to the Fire Chief. Alec MacMartin suggested that the applicant could include this proposal in his phasing plan. He also suggested that the first six houses could be sprinkled. Brian Sullivan suggested that the applicant get approval from the Fire Chief.

 

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to March 19, 2008.

Voting 6 ayes; motion carried.

 

4.      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 presented a letter from the New Hampshire Department of Transportation which stated that they will not allow a turning lane to be placed on Forest Street but that she can still create the island on Dale Street as long as they maintain 14’ between the curbs. She stated that she plans on speaking to the Board of Selectman about this proposal.

 

Dawn Tuomala stated that she has been designing the full design and doing the grading, noting that the police informally asked for 20’ wide pavement with 4’ shoulders. She stated that she is showing 20’ pavement with 2’ shoulders on each side on the main road including the roadway up to the fire pond. She stated that Beach and Alder Lane are proposed to be 14’of pavement with 2’ shoulders and one way cul-de-sacs. She further explained that Hemlock and half of Birch are shown as 16’ wide pavement with 2’ shoulders because they go up to four single houses so they act as common drives. In response to a question from Dick Rockwood, Dawn Tuomala stated that the collector road has to be offered to the town. She explained that she is preparing to submit to the Zoning Board for approval of one wetland crossing with 1100 SF of disturbance, 700 SF of which will be permanent and the rest will be temporary. She noted that she will be proposing either a box culvert or three sided culvert and that she is working with Concrete Systems to see which will work best.

 

Dick Rockwood noted that as long as the roads are private then the widths are fine, but if they are going to be town roads they all need to be the same width.

 

In response to a question from Dick Rockwood, Dawn Tuomala stated that these will be simple lots, not condominiums, so an association will need to be formed just for the maintenance of the road and the common areas.  

 

In response to a request from Dawn Tuomala, the Board told Dawn they would forward the plans to Dennis LaBombard for an escrow estimate.

 

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to continue the application to March 19, 2008.

Voting: 6 ayes; motion carried.

 

6.       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 stated that since his last appearance in December he has given the plans to the Conservation Committee for review but noted that the proposal has no wetlands impact. He stated that he also completed the Boards recommendations including closing the southerly driveway on Lot 26-2, renumbering the lots as 26-1,2,3 and 27-1, and adding Note 9 on page 2, stated that any relocation of the driveways would require Planning Board approval. He also noted that he has submitted the easement language for review from the Town Counsel.

 

Joe Wichert went on to explain that an environmental study had been completed and the water samples were fine and the soil sample taken next to the shed in question recorded total petroleum hydrocarbons levels well below NH soil meditation level and therefore no action is required. He also submitted a letter from Steve’s School Bus Service which stated that they removed the drums in question and confirmed that they did indeed contain used oil. Joe Wichert also submitted a letter from Mr. Churchill, the previous owner, which stated that Mr. Churchill did not use chemicals on the property, did not bury any parts, and only stored used motor oil in the drums. In response to a question from Dick Rockwood, Joe Wichert stated that a core sample was taken less than 100’ away from the previous location of the barrels and the sample tested normal.

 

In response to a question from Brian Sullivan, Joe Wichert stated that state approval has been received.  He also noted that a piece of granite had been placed at the town line as requested by the Board.  

 

The Board discussed the waivers the applicant has requested.

 

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to approved the following waivers.

·        6.1.n locus 1”-1000”

·        6.3.d: allow contours at 10’ intervals on the portion of the lot not being developed.

·        6.3.g – HISS

Voting: 6 ayes; motion carried.

 

Dick Rockwood noted that the labels on sheet S-1 and S-2 should match and lots 26-1, 2, and 3 need to be noted uniformly.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to accept the application.

Voting: 6 ayes; motion carried.

 

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to continue the application to March 19, 2008.

Voting: 6 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 and stated that a site walk was conducted with Neil Faiman to review the trees which PSNH is proposing trimming or removing. Neil Faiman stated that he and Dave Crain agreed that one of the trees in question can be left until next time. He stated that he is recommending that the Board approve PSNH’s request.

In response to a question from Dick Rockwood, Dave Crain stated that the tree which he agreed to leave for now is about 14” in diameter and therefore already requires a hearing to be able to cut it.

 

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to approve the request of Public Service of New Hampshire.

Voting: 6 ayes; motion carried.

 

8.      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 removed themselves from the Board as voting members at 9:21 p.m.

 

Chairman Kandt noted that the applicant has requested a continuance and that the Board has received an opinion from Town Counsel with regards to the easement dispute.

 

A MOTION was made by Bill Condra and SECONDED by Brian Sullivan to continue the application to March 19, 2008.

Voting: 4 ayes; motion carried.

 

Alec MacMartin and Neil Faiman returned to the Board as voting members at 9:25 p.m.

 

9.       Lot Line Adjustment – Janice Sanders Rev Trust – Lot A-031-01 Applicant 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 and stated that the bounds had been walked and the requested note correction has been made. She also explained that in 1976 a dry hydrant was constructed but she could not find any easement for it so she created one, forwarded it to Town Counsel, and had received a verbal approval. Chairman Kandt noted that the Board has not received written communication from the Town Counsel at this time. Dawn Tuomala stated that she corrected Note 7 to include “approval from the Planning Board only” and that the dam was measured at less than 4’ and therefore does not need to be registered.  

 

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

Voting: 6 ayes; motion carried.

 

A MOTION was made by Brian Sullivan and SECONDED by Dick Rockwood to approve the application contingent on written approval from Town Counsel with regards to the dry hydrant easement language.

Voting: 6 ayes; motion carried.

 

Fees to be paid:

NRPC: $130

Registry: $46

 

The Board received fees, plans, and Mylars.  

 

10.   Non-Residential Site Plan – E & T’s United Venture, Inc. – Lot L-027 - Applicant is proposing additional parking and storage in rear of building.

 

Dawn Tuomala appeared before the Board for the applicant and stated that since her last appearance she put notes on the plan which say that the original lot is to be paved, drainage is sized to include future paving, no residency is allowed in the stored vehicles, the sign will not be internally lit, and catch basins will be checked and maintained once a year. She noted that she also put a 6’ fence in the legend, moved the fence in 3’, and put non invasive plants in the legend. She also brought in the plans the Zoning Board had approved as requested by the Board and noted that the layout had not changed between revisions.

 

Brian Sullivan noted that he was unhappy with the plan but that he felt that the Zoning Board had tied the hands of the Planning Board because of the approved variances.

 

A MOTION was made by Dick Rockwood and SECONDED by Bill Condra to approve the application.

Voting: 5 ayes; 1 nay (Sullivan); motion carried.

 

Fees to be paid:

NRPC $162.50

 

New Applications:

11.    Subdivision Application – Gary & Betty Raymond - Lot E10-2, 789 Gibbons Highway – Applicant is proposing converting an existing duplex into a condex. 

 

The Board stated that Area X and Area Y should be marked as a limited common area and that probably the limited common areas should include the area that the applicant expects each house to use such as parking, yard, and garden.

 

In response to a question from Steve Wagner, Gary Raymond stated that there are two propane tanks, one on each side, and they are underground so only the cover sticks up and therefore they are at no risk for being hit.

 

Dick Rockwood suggested that the applicant look into Note 8 as to whether subdivision approval is pending or even needed from DHES.

 

Chairman Kandt read a request from the applicant for the Board to wave the $1500 escrow fee. Steve Wagner explained that he suggested that the escrow fees be waived because the proposal is technically a subdivision but it is a simple one so he felt that the $1500 was not needed.

 

A MOTION was made by Brian Sullivan and SECONDED by Dick Rockwood to waive the required escrow amount.

Voting: 6 ayes; motion carried.

 

A MOTION was made by Dick Rockwood and SECONDED by Alec MacMartin to continue the application to March 19, 2008.

Voting: 6 ayes; motion carried.

  

12.   Sign Application – E&T’s United Venture, Inc – Lot L-27, 223 Gibbons Highway - Applicant is proposing erecting a 4.4’ x 4.8’ sign near the southwest front property line.

 

Dawn Tuomala appeared before the Board for the applicant and discussed the proposed sign with the Board.

 

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to approve the sign application contingent upon any illumination being downcast in such a way that it does not cause glare, obstruct, or interfere with drivers on the road or neighbors, and contingent upon compliance with the terms of the Zoning Board variance.

Voting: 6 ayes; motion carried.

 

Other Business:

13.   Temple-Wilton Community Farm – Anthony Graham - Requesting advice on assessment for purposes of a land easement based on a parcel's potential for subdivision.

 

Anthony Graham appeared before the Board and explained that he is trying to get an easement on three lots on Abbot Hill with a grant from the Farm and Ranch Protection Program. However in order to do so he needs to get an appraisal and the appraiser needs proof that the lots could be subdivided. He questioned whether the Board could give him a letter which says that according to the regulations in Wilton the land could be subdivided.

 

The Board discussed possible options for Anthony Graham.

 

A MOTION was made by Neil Faiman and SECONDED by Brian Sullivan, with regards to Lot H-041, that the Board offer a written statement which notes what the ordinances are, that upon a cursory review of the plan there is no reason why the lot could not be subdivided into three lots, and that the statement is not a binding statement regarding any future development of the land.

Voting: 5 ayes; 1 nay (MacMartin); motion carried.

 

A MOTION was made by Neil Faiman and SECONDED by Bill Condra, with regards to Lot H-015, that the Board offer a written statement which notes what the ordinances are, that upon a cursory review of the plan there is no reason why the lot could not be subdivided into three lots, and that the statement is not a binding statement regarding any future development of the land.

Voting: 5 ayes; 1 nay (MacMartin); motion carried.

 

Donald Sienkiewicz, who is providing legal advice to Anthony Graham, offered to draft a letter and send it to the Board which they can approve and then forward.

 

Later in the evening, Neil Faiman presented a letter to the Board which they approved.

 

14.   Procedures- Proposed revised procedures and deadlines for new application submission.

The Board, Steve Wagner, and Clerk Heather Loewy Nichols reviewed current procedures and protocol.

 

15.  Adjournment –

A MOTION was made by Alec MacMartin and SECONDED by Dick Rockwood to adjourn the meeting.

Voting: 6 ayes; motion carried.

 

Chairman Kandt declared the meeting adjourned at 11:26.

 

Respectfully Submitted,

Heather Loewy Nichols

Planning Board Clerk

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