TOWN
OF
PLANNING
BOARD MEETING
DRAFT
DATE:
TIME:
PLACE:
PRESENT: Wilton Planning Board Members: Chairman Jeff Kandt, Alec
MacMartin,
The agenda was amended as follows:
1.)
Minutes
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-
2.)
First Light Farm – Cluster Subdivision
3.)
Perham Woods- Cluster Subdivision
4.)
Lindquist – Subdivision Application
5.)
6.)
Gary & Betty Raymond – Subdivision Application
7.)
Cadrain & Lusheer –
8.)
Donald Slowik – Subdivision
9.)
New Sparton Properties –
Excavation Permit Renewal
10.)
Leighton A. White – Excavation Permit Renewal
11.)
Pike Industries- Sign Application
12.)
Phil Heald’s Trust – Pre
Application
13.)
Dennis Slocumb – Pre Application
14.)
Other Business
15.)
Adjournment
Jeff Kandt opened the meeting at
1. Minutes
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A MOTION was made by
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Page 2, Line 24;
change “Dick Rockwood” to “Bill Condra”
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Page 5, Line 47;
change “Hill
Voting: 8 ayes; motion carried.
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A MOTION was made by Alec
MacMartin and SECONDED by
Voting: 6 ayes; motion carried
(with
Continuations:
2.
Cluster Subdivision – First
Light Farm, LLC – Lots F-095-02,03,07,13,14 and 15 on
Ray Shea, from Sanford Survey, appeared before the Board and stated that
they have been working on revisions
in reply to Dennis LaBombard’s comments and have submitted the new plans to Mr.
LaBombard for his further comment. He explained that most of the revisions address
Mr. LaBombard’s comments. He also noted that he prepared a separate lot line consolidation page and the lot line adjustment with
the other lot owned by First Light Farm in order to allow the road. He further
noted that they have added pavement and other engineering details, including
drainage work. In response to a question from Alec MacMartin, Ray Shea stated
that the plan went through the NHDES water system review and they had to move
the wells out back. He stated that the plan has been resubmitted for further
NHDES review. He also noted that they have added the pond and hydrants that
meet the Fire Chief’s specifications and straightened the second access road.
A MOTION was made by
Voting: 8 ayes; motion carried.
3. Cluster Subdivision - Perham Woods – Lots B-020 on
The
Board then entered into a discussion about what
The
Board then discussed what the scope of work would be for a hired biologist.
They decided that it would be best to have the same biologist work on both the
Provost project and the Perham Woods project at the same time. After discussion it was suggested that the work on the Provost
application would be more intensive then on the Perham Woods application. When
Chairman Jeff Kandt questioned why this would be true, Alec MacMartin stated
that it was due to one of the projects being further along than the other.
In
response to a question from
A MOTION was made by Alec MacMartin and
SECONDED by Bill Condra that the Board submit a letter to a biologist
requesting a review of the wildlife study, plan, and proposed setbacks as well
as taking a site walk of the Perham Woods site while visiting the Provost site.
Voting: 6 ayes, 2 nays (Sullivan, Faiman);
motion carried.
A MOTION was made by Alec MacMartin and
SECONDED by
Voting: 8 ayes; motion carried.
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
Joe
Wichert appeared before the Board for the applicant and stated that last month
the outstanding is
A MOTION was made by
Voting: 8 ayes; motion carried.
5.
Subdivision –
Alec MacMartin and
Chairman Kandt stated that after the last meeting he felt
that they Board may have mislead the applicant because last month he had the
impression that the Board should not accept the plan with a disputed easement
but really Town Counsel recommended that the Board not accept the plan with a
note which says that easements exist that can not be located. Silas Little, Town Counsel, appeared before the Board and
explained that survey standards require that the surveyor state that he has
found all the existing easements. Chairman Kandt explained that if a note is
included in which the surveyor attests that they have found and noted the
easements then any dispute becomes a private matter. After further discussion,
David O’Hara stated that based on further research he will attest that there are
no easement rights on this piece of land except for the public rights on Old
Stage Road.
In
response to a question, Chairman Kandt explained that it is the understanding
of the Board that they will accept a licensed surveyor’s opinion and if there
is a dispute with his opinion then it becomes the responsibility of the abutter
to take up the is
Silas
Little explained that generally the surveyor
determines whether the road is a town road or has been decommissioned and
includes a note stating such on the plan. In response to a question from
Chairman Kandt, Silas Little stated that this
determination is a required checklist item. After discussion, the Board
determined that a lot can have a town road running
through it.
After
discussion, the Board decided to have a site walk on Saturday April 19th
at
A MOTION was made by
Voting: 6 ayes; motion carried.
Alec MacMartin and
6. Subdivision Application – Gary & Betty Raymond - Lot E10-2,
The
Board explained that the applicant has requested a continuance.
A MOTION was made by Bill Condra and SECONDED
by
Voting: 8 ayes; motion carried.
7.
Chairman
Kandt asked for public comment and saw none.
Alec MacMartin
explained that generally when the Board deals with private roads they insure
that maintenance covenants are in place so whoever buys the lot in the future
will not have an is
Alec
MacMartin stated that he does not like the spike shape of the lot and that he
is concerned about Regulation #6.74.41 and he would like to get Town Counsel’s
opinion as to whether a note is necessary.
The
Board discussed the need for a note stating that the structure is
non-conforming, since the structure extends beyond the setback line, and therefore
any changes would require a variance.
The
Board discussed the requested waivers and stated that they are not inclined to
object to any of them if
The
Board and the applicant discussed the new Shoreline Protection Act regulations
and
A MOTION was made by
Voting: 8 ayes; motion carried.
8. Subdivision – Donald Slowik – Applicant is proposing to
subdivide Lot B 31-3, located on Pead Hill
Tom
Car, of Meridian Land Services, appeared before the Board for the applicant, and
apologized for not showing the Board the three lot
subdivision versus a four lot subdivision at the last meeting. He showed the
Board a four conforming lot plan and noted that the applicant would rather go
with the alternative three lot plan as it would reduce
density and preserve view qualities and the orchard. He handed out pictures of
views from abutters’ land and explained that the reduced frontage lots would enhance
the view because abutters would be able to see the mountains better.
Don Slowik stated that he spoke with members of the Wilton
Camera Club, who often take pictures from the ridge, and he was told that the
house in the back would not bother them since the trees would hide it. He
stated that one will be able to see the house in the
winter when the trees are bare but in the summer one will not be able to see
much.
Jean
Pratt stated that one can equate view with the value of her home and her house
value is going to go down. She questioned whether the seller of the property will have any control of what can be built on the land with
respect to height.
Tom
Car stated that he has spoken to the Fire Chief and he has made it clear that he
will require that a culvert be put in but before the applicant goes forward
with the necessary special exception the applicant
needs to know about the reduced frontage lot. Jean Pratt stated that she agrees
that three lots better serves the neighborhood then four. In response to a
question from Jean Pratt, Tom Car explained that the design will be completed,
then presented to the Conservation Commission, then presented to the state and
the ZBA, and then a site walk will be held. Chairman Jeff Kandt noted that this
would be the first house on the ridge away from the road and in his opinion three lots are better than four.
The
Board then discussed the wetlands and
A MOTION was made by
The
Board discussed whether it is premature to vote on the reduced frontage lot
before the Conservation Commission has time to consider the appropriate
setbacks. It was noted that no matter what the setbacks are they will not make a fourth lot more appealing. They also
discussed whether they could appropriately require more than 50’ setbacks as
stated in the regulations. Tom Car stated that, in his professional opinion,
there is nothing exemplarily about these wetlands, and he thinks that the
applicant could put in 100’ setbacks without affecting the project. In response
to a concern from Alec MacMartin,
Voting: 6 ayes, 1 nay (MacMartin), 1
abstention (Fish); motion carried.
The
Board discussed the applicant’s waiver requests.
Jean
Pratt stated that the applicant is welcome to sit on her front porch for the
purpose of determining her view.
In
response to question from Don Slowik regarding
wetland setbacks, Alec MacMartin stated that they would be based on
recommendations from the Conservation Commission and the Board would have to make
a determination that what the applicant is proposing is not a detriment.
A MOTION was made by Alec MacMartin and
SECONDED by
Voting: 8 ayes; motion carried.
A MOTION was made by Alec MacMartin and
SECONDED by Bill Condra to continue the application to May 21, 2008.
Voting: 8 ayes; motion carried.
New Applications:
9. Excavation Renewals- New Spartan
Properties, LLC – Applicant is proposing renewal of
Excavation Permits for Lot F-122, M-059 off
A MOTION was
made by
Voting: 8 ayes;
motion carried.
10. Excavation Permit Renewal – Leighton A. White – Applicant is proposing renewal
of Excavation Permit Number 646 for Lot E017.
A MOTION was made by
Voting: 8 ayes; motion carried.
11. Sign Permit – Pike Industries – Applicant
is proposing placing a non-illuminated, 15 SF sign on the corner of Route 31
and Stoney Brook underneath the existing
Tom Rugg appeared before the
Board and explained that the sign which was approved last
year was not put up because Pike Industries was unhappy with the provisions,
however since then they have gotten Pep Direct to agree to allow them to place
a sign on their property. After discussion and inspection of the paperwork
provided the Board agreed that the applicant should have gone to the Zoning
Board prior to appearing before the Planning Board.
A MOTION was
made by Bill Condra and SECONDED by Alec MacMartin to continue the application
to May 21, 2008.
Voting: 8 ayes;
motion carried.
Pre-Applications:
12. Will Sullivan – Phil
Heald’s Trust
Will
Sullivan appeared before the Board and explained that Phil Heald
died late last year and in all probability 500 acres are
going to be given to the New Hampshire Forestry. He explained that they will need to cut out Phil Heald’s
house and 40 acres from the lot noting that the deed will have a covenant that
it is to be a one house lot only. He explained that he would like to come back
to the Board with a survey of the 40 acres but not the other 500 acres as there
are 55 deeds involved. He noted that Phil Heald has already
given 1,000 acres to New Hampshire Forestry and a survey of this acreage would
be immensely expensive. He also noted that the only abutter besides the New
Hampshire Forestry is a lot across the street. The board stated that they would
be inclined to allow Will Sullivan’s request.
13.
14. Other Business
The Board gave Planning Board
Clerk
15. Adjournment
A MOTION was made to Bill Condra and
SECONDED by
Voting: 8 ayes; motion carried.
Chairman
Jeff Kandt declared the meeting adjourned at
Respectfully Submitted,