TOWN OF WILTON

PLANNING BOARD MEETING

Approved 3/19/08

 

DATE:            March 5, 2008

TIME:            7:30 P.M.

PLACE:          Citizen’s Hall Lyndeborough, NH

PRESENT:     Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, Brian Sullivan, Alternate Bill Condra, NRPC Representative Steve Wagner, Board of Selectman Representative Dick Rockwood and Clerk Heather Loewy Nichols.

Lyndeborough Planning Board: Vice Chairman Bill Ball, Bob Rogers, Tom Chrisenton, Mike Decubellis, Board of Selectman Representative Steve Brown, and Clerk Pauline Ball.

 

Chairman Jeff Kandt called the meeting to order at 7:45pm noting that the location had been changed to Lyndeborough due to a fire in the Wilton Town Hall.

 

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

 

Jeff Merritt, and Steve Keach, of Keach Nordstrom, appeared before the Board accompanied by Lura Provost, owner of the site.

 

Jeff Merritt explained that last month he had the opportunity to discuss the plan in detail with the Boards and the public and receive comments. He stated that he had compiled a list of comments which he would like to address this evening. He noted that Attorney Robert McKenney would be joining the meeting later to discuss RSA 674:53 with the Board. He then presented a driveway feasibility plan, noting that the driveways shown are not set in stone but merely a representation of how the lots could be accessed and where homes could be built.

 

Jeff Merritt explained that the proposal has three reduced frontage lots; B-014 and B-014-2 off of Chenery Road and B-014-5 off of Provost Road. He explained that the lots range in size from 6.3 aces to 11.4 acres. He noted that the substantial lot size allows for more flexibility in the construction of the homes and for construction to occur away from roadways to a preserve rural feel. He stated that it is his opinion that integrating the reduced frontage lots allows for diversity and a rural feel and therefore better serves the neighborhood.

 

 Alec MacMartin noted that the driveway on Lot B-014-2 runs along the edge of the wetland and noted that with wetlands such as this the state recommends a buffer of up to 300’ and this plan calls for the driveway to dance along the edge of the wetland. In response, Jeff Merritt stated that they placed the driveway on an existing trail way and noted that this would allow them to stay with the existing landscape. Alec MacMartin stated that there is a difference between a woods road and a driveway which will be used year round and he doesn’t think that it is beneficial to place the driveway along the wetland even though he understands the benefit of the back lot. He noted that lots B-014-3 and B-014-4 are not reduced frontage lots but they have the same wetland/driveway issue. Jeff Merritt noted that the property has substantial wetlands and that they are trying to do their best to work around them by using the existing trails. Dick Rockwood questioned why the trails were the right option and whether the plan infringed on the required setbacks. Steve Keach stated that the driveway conforms to the setbacks.

 

In response to a question from Brian Sullivan, Jeff Merritt stated that the roads are less than 600’ long.

 

In response to a question from Chairman Kandt, Jeff Merritt stated that they placed the road where they did on the plans because if it was moved further away from the wetlands one would need to clear a significant amount of trees and grading to make it feasible.

 

Steve Merritt asked the Board to recall their site walk from the spring and the woods road they walked on which they are proposing to turn into a driveway. He noted that placing the drive on the trail would remove the need to do a significant amount of clearing. In response to a question from Dick Rockwood, Lura Provost stated that the land was selectively cleared 30 years ago. Steve Keach stated that the other side of the proposed drive is a large area of Beech trees which would need to be cleared if the driveway was moved. He also explained that the current proposal would provide for the best possible alignment to connect the street with the building envelope and noted that conservation conveyances  would be prepared to provide not only supplemental wetland buffering, but to protect the area entirely.

 

Alec MacMartin explained that the Board is charged with looking at how the development would occur with and without the reduced frontage lots and see whether the reduced frontage lots serve the neighborhood. He noted that these reduced frontage lots allow for greater density closer to the wetland. Neil Faiman stated that it is unquestionable that the reduced frontage lots allow for more lots and noted that usually the trade off is reduced frontage lots for less density on a large town road. He explained that in this case a looping town road has already been ruled out so the comparison is different. Steve Keach stated that they have looked at another plan with a third cul-de-sac but it would involve creating a road that would go through the meadow and they thought that this current plan would be preferable. He also stated that the reduced frontage lots are very desirable lots because of size of the lots and he thinks it passes the test of the Wilton subdivision laws. He also noted that the driveway, as plotted, conforms to every requirement necessary. Alec MacMartin stated that the Board is charged with planning and while they are guided by the regulations they also need to take into consideration the Board’s knowledge and past experience. In response to a question from Alec MacMartin, Jeff Merritt stated that the grade of the driveway on Lot B-014 is 15% and on Lot B-014-2 the grade is 12% for one section but much less for most of it.  Alec MacMartin noted that the entire conversation about the reduced frontage lots may be premature, as the applicant might need to resolve the access issues with Lyndeborough first. He further explained that the applicant is proposing four curb cuts but the Lyndeborough Planning ordinances will only allow for two.

The Lyndeborough Planning Board, Steve Keach, and Attorney Robert McKenney then discussed RSA 674:53 and their interpretation of the regulation. Attorney McKenney sited NH Supreme Court decision in the case of Churchill Realty Trust v City of Dover ZBA dated January 15, 2008 to prove his opinion that the Lyndeborough Planning Board only has jurisdiction over two issues, determining the adequacy of the street accesses and the impact on the street. Tom Chrisenton stated that he does not agree with the attorney since the applicant is using land in Lyndeborough for leach fields and driveways. Attorney McKenney noted that there will be conveyances which will state that building improvements can only occur in Wilton. He also explained that essentially Lyndeborough is lending the land to Wilton and the enforcement lies with Wilton. Tom Chrisenton stated that he has no problem with the two access roads but he does have an issue with the driveway accesses. Attorney McKenney stated that he believes that the driveways falls under Wilton’s jurisdiction as Wilton is borrowing the land and access is a different issue than a road.

 

In response to a question from Bill Ball, Steve Keach stated that more than two dozen test pits have been dug and they were consistently “not great but not horrible” throughout.

 

Tom Chrisenton stated that personally his only issues are with the four curb cuts, the leach fields, and the impact on the road.

 

The Boards discussed what the Lyndeborough Planning Board has done in the past with regards to impact fees. The Lyndeborough Board noted that they have not had subdivisions in the past so they have had rare occasion to deal with the issue.

 

Jeff Merritt suggested that the issue of jurisdiction should be forwarded to town counsel before the Boards decide whether the reduced frontage lots are acceptable.

 

The Boards and Steve Keach then discussed the need for a traffic study. Steve Keach stated that they estimate that the subdivision will create 11 additional trips in morning and 14 trips in the afternoon with 90% of them coming from or going to the east. He stated that he doesn’t think that a traditional traffic study would be appropriate because the issue is not about quantity of trips but rather the quality of the existing roads and intersections. He suggested that if there is a betterment which is warranted then a contribution could be made towards the project. Jeff Merritt noted that the Lyndeborough Road Agent had walked the frontage and was satisfied with the proposal.

 

The Boards and the applicant then discussed the proposed reduced frontage lots. Chairman Kandt stated that currently the placement of the driveways are of concern for two of the three reduced frontage lots and he noted that including them forces some of the other lots to also have drives near the wetland. He noted that some of the building locations end up close to the wetland also and he is not sure that this is a benefit to the neighborhood. Neil Faiman noted that the applicant is unable to get waivers for more than a 600’ road or a different wetland crossing. Steve Keach stated that they have created an alternative version, which includes a third cul-de-sac and about the same number of houses. Alec MacMartin noted that Lots B-014-4, B-014-5, B-014-7, and B-014-2 all are of concern because of their wetland involvement.

 

Jeff Kandt stated that at the last meeting there was discussion about hiring a biologist to evaluate the plan. Attorney McKenney stated that he spoke with Spencer Brookes with regards to the scope and information which the Wilton Conservation Committee is looking for. He stated that he will to follow up with Spencer Brookes.

 

In response to a question from Chairman Jeff Kandt, Attorney McKenney stated that the Wilton Road Agent had no issue with maintaining the roads and the Wilton Police Chief was only concerned with the enhanced 911 house numbering. Attorney McKenney stated that he needed to follow up with Concord with regards to the enhanced 911. Jeff Merritt stated that the Wilton Road Agent had stated that he assumed that he would be plowing and asked for some changes such as paving the cul-de-sac and the creation of an easement which would allow the movement of snow onto the cul-de-sac. In response to a question from Chairman Kandt, Jeff Merritt confirmed that this conversation was based on the town accepting the road. Dick Rockwood stated that he was doubtful that Wilton would want the road. Bob Rogers echoed the sentiment for the roads on the Lyndeborough side. In response to a question from Brian Sullivan, Attorney McKenney stated that the Wilton Police Chief was not concerned about response times and noted that he said that he would write a letter to the Board but he needs specifics about the Boards concerns. Steve Wagner stated that he feels that everything can be worked out unless there are life safety issues. Attorney McKenney stated that he will get more concrete documents for the Board.

 

The Boards and the applicant discussed the proposed culverts and the impact of the project on the wetland with regards to “critter” passage and salt. The Board directed the Wilton Conservation Committee to discuss their needs with regards to the biologist and to respond back to the Board about their decisions.

 

 Neil Faiman noted that if the Wilton Planning Board is reworking the Dale Street/Forest Street intersection and charging it to the Perham Woods project then they should get a contribution from this subdivision also.

 

A MOTION was made by Dick Rockwood and SECONDED by Bill Ball to continue the application to April 3, 2008 at 7:30pm at Citizens’ Hall in Lyndeborough.

Voting: The motion passed unopposed.

 

A MOTION was made by Dick Rockwood and SECONDED by Bill Ball to adjourn.

Voting: The motion passed unopposed.

 

Chairman Jeff Kandt thanked the Lyndeborough Planning Board for the accommodations and declared the meeting adjourned.

 

Respectfully Submitted,

Heather Loewy Nichols

Wilton Planning Board Clerk

 

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