Wilton Planning Board Minutes 3/19/08

TOWN OF WILTON

PLANNING BOARD MEETING

Approved 4/16/08

DATE: March 19, 2008

TIME: 7:30 P.M.

PLACE: Wilton Town Hall Courtroom

PRESENT: Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Matt Fish, Brian Sullivan, Neil Faiman, Michael Cooley, Board of Selectman Representative Bill Condra, Recorder Heather Loewy Nichols.

The agenda was amended as follows:

1.) Minutes

- February 20, 2008

- February 21, 2008

- March 5, 2008

2.) Household of Faith – Subdivision

3.) First Light Farm – Cluster Subdivision

4.) Perham Woods- Cluster Subdivision

5.) Zuber & Briglia – Caveat Lot Consolidation

6.) Lindquist – Subdivision Application

7.) Hillside of Wilton, LLC – Subdivision

8.) Gary & Betty Raymond – Subdivision Application

9.) Cadrain & Lusheer – Lot Line Adjustment

10.) Donald Slowik – Subdivision

11.) Leighton A. White – Excavation Permit Renewal

12.) Other Business

- Alternate Board Member

- Nominations

13.) Adjournment

Jeff Kandt opened the meeting at 7:36 p.m. and recognized Michael Cooley as the newly elected member of the Planning Board.

1. Minutes

- February 20, 2008

A MOTION was made by Brian Sullivan and SECONDED by Bill Condra to approve the minutes of February 20, 2008 with the following amendments:

- Change “council” to “counsel” throughout

- Page 3, Line 15; change “be necessary” to “be helpful”

Voting: 6 ayes; motion carried with Michael Cooley abstaining as he was not at the meeting.

- February 21, 2008

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to approve the minutes of February 21, 2008 as written.

Voting: 5 ayes; motion carried with Matt Fish and Michael Cooley abstaining as they were not at the meeting.

- March 5, 2008

A MOTION was made by Brian Sullivan and SECONDED by Alec MacMartin to approve the minutes of March 5, 2008 with the following amendments:

- Change “Laura Provost” to “Lura Provost” throughout

- Change “March 5, 2008, 2008” to “March 5, 2008” in title

Voting: 5 ayes; motion carried with Matt Fish and Michael Cooley abstaining as they were not at the meeting.

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 7:48 p.m.

Peter Manha appeared before the Board for the applicant. Chairman Kandt read a letter from Town Counsel, which stated that the documents had been corrected but that there is still an issue with the plan. Alec MacMartin explained that, in the case of condominiums, it is common practice to have plans approved and recorded and then, after construction is complete, the owner will record an “as built” version of the plan

Fees to be paid: NRPC 146.25

HCRD: $130

A MOTION was made by Bill Condra and SECONDED by Brian Sullivan to approve the application.

Voting: 6 ayes; motion carried.

Alec MacMartin returned to the Board as a voting member at 7:56 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.

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to April 16, 2008.

Voting: 7 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 appeared before the Board for the applicant and presented a revised set of plans which she asked that the Board forward to LaBombard Engineering for an escrow estimate. The Board stated they would forward the plans.

A MOTION was made by Brian Sullivan and SECONDED by Alec MacMartin to continue the application to April 16, 2008.

5. 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 8:00 p.m.

Chairman Kandt read a letter from Town Counsel regarding the application.

A MOTION was made by Brian Sullivan and SECONDED by Matt Fish to approve the application.

Voting: 7 ayes, motion carried.

Alec MacMartin returned to the Board as a voting member at 8:04 p.m.

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 last month the Board elected to accept the application and approve the waiver requests. He also explained that he changed some of the labeling on the plan as requested by the Board such as graphically placing the Lyndeborough label in Lyndeborough and the Wilton label in Wilton. Chairman Kandt read a letter from Town Counsel, which commented on the proposed driveways and an existing abandoned well. Joe Wichert noted that he had fixed the driveway issue as requested by the Board. In response to a comment in the opinion from Town Counsel, Joe Wichert noted that he could put a standard maintenance agreement in place to deal with the temporary driveway easement for Lot 26-02. Spencer Brookes, of the Conservation Commission, questioned what would need to occur for the abandoned well to be reopened. Bill Condra explained that as part of the occupancy requirements for a new resident a water test would need to be submitted. Matt Fish noted that he would prefer that the well not be filled in as it could be used for agriculture and any life safety issues could be solved with a rock or fencing. The Board agreed that they did not feel the need to have the abandoned well filled in.

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to continue the application to April 16, 2008.

Voting: 7 ayes; motion carried.

Matt Fish agreed to walk the bounds.

7. 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 left the Board as voting members at 8:18 p.m.

Attorney Greg Michael appeared before the Board to discuss the outstanding easement issues with this application. Chairman Kandt read a letter from Town Counsel, which stated that his advice to the Board is that they not approve the plan unless there is an agreement or a judgment which states where the easement lies. Attorney Michael stated that their surveyor, David O’Hara, has reviewed older plans which he thinks will clear up the issue. He also stated that removing the “relocated easement” does not have any impact on the project. In response to another comment from Town Counsel, he stated that the applicant does not intend to remove or significantly impact Old Stage Road and whatever public or private rights currently exist will remain.

Land surveyor David O’Hara explained to the Board that he has downloaded plans, dated 1988, 1989, and 1999, from the registry. He explained that the easements were first created in 1930 and the first subdivision was completed in 1988. Matt Fish interrupted by stating that while he is interested in the history of the situation he does not think that this presentation will affect the outcome as Town Counsel has advised that the issue needs to be resolved through either litigation or agreement. Attorney Michael explained that he will provide additional data to Town Counsel as his opinion was based on the applicant not knowing where the easements ran but now they feel that they know where they are. David O’Hara continued explaining that they could not locate the 1930 easements but in Note 3 on the 1988 plan it allows for people to have access in order to lay or repair water pipes and to use private roadways and have access from adjacent lands. David O’Hara noted that the 1989 plans included the same notes and locations. He further explained that the 1999 plans were completed by the same surveyor for the creation of the subdivision and they include the lines that are currently being used now. He noted that this plan has the same water easements and same dotted line as the 1989 plans but the dotted line has become a heavy dashed line which does not appear in the legend and no note has been included on these plans. He explained that the only easement which he can locate is the water line. He noted that he tried to reach the surveyor who created the 1999 plans but he is retired and living in Thailand. Matt Fish noted that the easements David O’Hara was presenting to the Board are not contiguous across the land. In response to a question from Steve Wagner, David O’Hara stated that the plans were registered as numbers 29930, 23369, and 23207. He also noted that when the D’Amores purchased their land in 1984 a land survey was completed and while there was mention of rights over adjacent lands no specifics were noted. In response to a question from Chairman Kandt, Lou D’Amore stated that he is not satisfied with the applicant’s current proposal. Attorney Michael stated that he thinks that the D’Amores have the responsibility to show the applicant where the easements lie. Lou D’Amore stated that there are plans which show the easement and also he believes that aerial photographs do exist. He explained that he did not press to have the easements defined in 1980 because it was never an issue before. He noted that his attorney tried to communicate with Attorney Michael on February 20^th but they have yet to receive a response even though Town Counsel stated that the issue should be worked out with them. Attorney Michael stated that they are trying to respect the D’Amores’ rights through the plans they are proposing.

Matt Fish stated that the Board needs to move forward and that this is not the venue for solving the easement dispute. The Board discussed how they should proceed.

A MOTION was made by Brian Sullivan and SECONDED by Bill Condra to continue the application April 16, 2008.

Voting: 5 ayes; motion carried.

Alec MacMartin and Neil Faiman returned to the Board as voting members.

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

Gary Raymond appeared before the Board with new plans. He noted that he enlarged the limited common area to include the driveway and septic areas, as requested by the Board, and that the plans have received subdivision approval from the state. The Board and the applicant discussed whether the documents need to be corrected. The applicant will have the documents finalized, if it is necessary, and then forward to the Board, who will then forward them to Town Counsel for approval.

A MOTION was made by Alec MacMartin and SECONDED by Matt Fish to continue the application to April 16, 2008.

Voting: 7 ayes; motion carried.

New Applications:

9. Lot Line Adjustment – Kenneth Cadrain and Victor Lushear – Applicants are proposing that 0.105 acre be annexed from Lot D106-3, on Seagroves Street and Burns Hill Road, to Lot L05, on Seagroves Street. A variance was granted (Case #10/9/07-4) on October 2007, with conditions.

Dawn Tuomala appeared before the Board and explained that this application is a lot line adjustment between Kenneth Cadrain and Victor Lusheer, noting that Parcel A is owned by Victor Lusheer and would become part of Kenneth Cadrain’s lot. She explained that Kenneth Cadrain has gone to the Zoning Board and on October 9^th he received a variance, which released the deed restriction on the lot which stated that the barn on lot L-05 can never be used as a residence. She noted that she has a letter from the water department which was mistakenly not signed and she has not heard from sewer department. She presented the Board with a list of waivers she is requesting.

Alec MacMartin noted that the only frontage is on a private road and therefore does not qualify as frontage. He also noted that this ordinance would have been in existence in 1979 when the lot was created. Neil Faiman stated that he does not think that the Zoning Board realized the frontage issue and therefore did not discuss it. He explained that they released the deed restriction which they placed in 1979 but did not provide a variance for a residential lot without frontage.

A MOTION was made by Brian Sullivan and SECONDED by Alec MacMartin to continue the application to April 16, 2008.

Voting: 7 ayes; motion carried.

10. Subdivision – Donald Slowik – Applicant is proposing to subdivide Lot B 31-3, located on Pead Hill Road, into three single family lots.

Tom Car, of Meridian Land Services, appeared before the Board for the applicant, and stated that the proposal is to subdivide the parent lot into three existing lots, one of which would be a reduced frontage lot. He explained that the wetlands have been located and delineated and there is a common driveway to the alternative lot, which will be 20’ wide for the beginning section and will then taper down. He also noted that they have created a no building area on one of the lots to preserve the orchard and protect the view shed from the road. In response to a question from Chairman Kandt, Tom Car stated that if the plan did not to have the reduced frontage lot it would only have two lots. In response to a question from Neil Faiman, Tom Car stated that he does not know the specifics of the wetland impact as of yet because he needs to speak to the Fire Chief about his road requirements but he is aware of the concern. Donald Slowik, the applicant, discussed the current wetland crossing with the Board, noting that the larger crossing does not have a culvert but instead large stones were used to allow water to pass. He also noted that he has not seen water go over the roadway during the past years’ flooding. Chairman Kandt explained that the Board needs to determine whether the reduced frontage lot better serves the neighborhood and questioned Tom Car as to what way this plan serves the neighborhood better than a two lot subdivision would. Tom Car stated that this plan will preserve the orchard and view shed. In response to a question from Matt Fish, Tom Car explained that the reduced frontage lot would not obstruct the views of abutters as the house will be behind trees and therefore not visible. Alec MacMartin noted that a two lot subdivision with the houses up front would provide for the least wetland impact. In response to a question from Jean Pratt, an abutter, Donald Slowik stated that he would be willing to work something out with conveyances regarding how far back on the lot the new owner can build. Jean Pratt stated that, more than likely, the house would severely impact her view. Spencer Brookes, of the Conservation Commission, noted that they are in the process of finalizing their NRI, which means that they are approximately two weeks away from having documents which could assist the Board in considering view shed impacts. Matt Fish stated that he is concerned about the wetland impact and he does not think it is advantageous to build on the back lot. There was more discussion with the public and the Board regarding view impact. Brian Sullivan noted that in his opinion if one likes their view they should own it.

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to continue the application to April 16, 2008.

Voting: 7 ayes; motion carried.

11. Excavation Permit Renewal – Leighton A. White – Applicant is proposing renewal of Excavation

Permit Number 646 for Lot E017.

Alec MacMartin left the Board as a voting member at 10:13 p.m.

Matt Fish stated that he talked to Leighton White and told him that the Board is trying to move excavation permit renewals to the spring and that they would grant a temporary extension so Matt Fish can inspect the site with no snow on it.

A MOTION was made by Matt Fish and SECONDED by Neil Faiman to grant a temporary excavation permit extension, for Lot E017, until April 30, 2008 conditional upon the bond remaining in affect until that time.

Voting: 7 ayes; motion carried.

12. Other Business:

- Alternate Board Member

Chairman Kandt and the Board discussed with Walter Zuber the possibility of him being an alternate on the Board. Chairman Kandt noted that there is a training program on April 26, 2008 that he would recommend Walter Zuber participates in.

A MOTION was made by Matt Fish and SECOND by Brian Sullivan to invite Walter Zuber to join the Wilton Planning Board as an alternate member.

Voting: 7 ayes; motion carried.

- Nominations

A MOTION was made by Neil Faiman and SECONDED by Brian Sullivan to nominate Jeff Kandt as Chairman of the Board.

Voting: 7 ayes; motion carried.

A MOTION was made by Neil Faiman and SECONDED by Brian Sullivan to nominate Alec MacMartin as Vice Chairman.

Voting: 7 ayes; motion carried.

13. Adjournment:

A MOTION was made by Brian Sullivan and SECONDED by Bill Condra to adjourn the meeting.

Voting: 7 ayes; motion carried.

Chairman Kandt declared the meeting adjourned at 10:23 p.m.

Respectfully Submitted,

Heather Loewy Nichols

Wilton Planning Board Clerk