TOWN OF WILTON

PLANNING BOARD MEETING

Approved 5/21/08

 

DATE:            April 30, 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 (arrived late), Neil Faiman, Michael Cooley, Alternate Walter Zuber, Board of Selectman Representative Bill Condra (arrived late), Recorder Heather Loewy Nichols.

 

The agenda was amended as follows:

1.)                  Minutes

-          April 16, 2008

2.)                  New Sparton Properties – Excavation Permit Renewal

3.)                  Other Business

4.)                  Adjournment

 

Chairman Jeff Kandt opened the meeting at 7:30 p.m.

 

1.       Minutes:

-          April 16, 2008

A MOTION was made by Matt Fish and SECONDED by Neil Faiman to approve the minutes of April 16, 2008 with the following amendments:

-          Page 8, Line 11; Change “May 30” to “April 30”

-          Page 7, Line 12; Change “unconventional subdivision” to “alternative subdivision”

-          Page 7, Line 19; Change “nothing exemplarily” to “nothing exemplary”

Voting:  5 ayes; motion carried.

 

Chairman Jeff Kandt appointed alternate Walter Zuber to site for Brian Sullivan.

 

Continuations:

2.       Excavation Renewals- New Spartan Properties, LLC – Applicant is proposing renewal of Excavation Permits for Lot F-122, M-059 off Abbot Hill Road and Map/Lot F-173, E-022, E-023, E-017 and E-021 off Route 31 South

 

Chairman Jeff Kandt introduced the application by explaining that at the last meeting the Board heard from Matt Fish about an issue on the site with regards to the barriers and whether insufficient barriers are on the property.

 

Tom Quinn stated that the areas on Lot F-173 have been rectified.

 

Matt Fish stated that without any type of monument or landscaping marking the boundaries of the lots it is hard to tell where the lot lines are. Tom Quinn stated that the boundary line does exist and Matt Fish stated that it was the applicant’s responsibility to point the bounds out to the Board members during the site walk.

 

Jeff stated that previously there was a combination of a berm and a ditch but Matt Fish no longer saw this barrier when he went on the site walk.  

 

Matt Fish explained that he asked Dennis LaBombard for advice regarding excavation barriers non specific to any case. He noted that Dennis LaBombard responded in writing and he summarized his remarks noting his suggestion for temporary construction fencing.

 

Tom Quinn explained that in April of 2005 he asked to have the specifications changed from a fence to a berm because during the first two years of excavation there were lots of trees which made erecting a temporary fence easy but they had a lot of trouble maintaining the fences, especially in the winter time. He explained that once they get to the edge of the excavation it is very difficult to move the fence.

 

Chairman Jeff Kandt noted that if they are waiting until the fence is in a dangerous location then they are waiting too long to move it.  

 

In response to a question from Tom Quinn as to what is “too close” to the edge of the excavation, Chairman Jeff Kandt stated that the ordinances do not state a specific distance.

 

Matt Fish stated that he does not feel that Mr. Quinn’s concerns about the temporary fence are valid.

 

In response to a concern from Matt Fish, Mr. Quinn stated that he put another berm 15 feet behind the eroding one and noted that they walked over the new berm during the site walk.

 

Wil Sullivan stated that Dennis LaBombard asked about OSHA regulations and noted that while OSHA does not have jurisdiction the US Department of Labor Mine Safety and Health Administration does and according to their regulations a fence is not allowed but a berm at least as high as mid axel of the highest vehicle on site is required. He noted that the greatest risk is not someone walking off the cliff but rather the real risk is people on bikes, atvs, and snow mobiles and suggested that a berm provides more protection than a fence. Matt Fish noted that the Wilton Planning Board is the regulatory body of the excavation site.

 

Alec MacMartin agreed that a construction fence will not stop a snow mobile but noted that a snowmobiler would be able to see the fence in their headlights at night and also noted that the Board is concerned about the safety of the general public.

 

Chairman Jeff Kandt stated that there are signs posted on the site but noted that signs posted every 250’ will not necessarily be visible to a person walking.

 

Tom Quinn stated that people have to be responsible for themselves and noted that people on Cannon Mountain and at the Grand Canon walk cliffs all the time safely.

 

Neil Faiman noted that people on mountains expect to be on cliffs but people walking through the woods in Wilton do not.

 

Tom Quinn admitted to being flagrantly non compliant in his responsibilities but noted that he has always worked with the Planning Board in the past.

 

Matt Fish stated that previously there was a berm with a ditch and another berm away from the face of the cliff but this no longer exists. He explained that he would like the Board to agree upon a quantifiable measureable berm so that on the next site walk the Board can determine whether the applicant is conforming.

 

Neil Faiman questioned why it is easier to move a berm than a fence every day.

 

Tom Quinn stated that they do not go get the berm but rather let it fall into the hole and create a new berm. He also suggested that he could put up additional reflectors.

 

Matt Fish stated that he would like to see a 3 foot berm with a 3 foot trench and then another 3 foot berm placed 20 feet from the edge.

 

The Board discussed the appropriate distance for a berm from the edge.

 

A MOTION was made by Matt Fish to define an earthen berm as being a minimum of 10 yards from the edge of the open excavated face and 3’ of excavated trench on the opposite side of the face with a 3’ berm facing the pit.

The Motion was not seconded.

 

A MOTION was made by Neil Faiman and SECONDED by Alec MacMartin to require that a 4’ berm be placed at least 20’ back from the excavation edge with signage placed outside the berm every 200’, reflectors placed every 50’, and signage placed directly in any berm gaps.

Vote: 7 ayes; motion carried.

 

Tom Quinn asked that his renewal date be changed from May 1st to May 30th.

 

A MOTION was made by Alec MacMartin and SECONDED by Michael Cooley to changed the renewal date from May 1st to June 1st.

Voting: 7 ayes; motion carried.

 

The Board and Tom Quinn discussed the possibility of requiring new site plans every year for tax purposes.

 

Matt Fish asked for a motion that at least two members of the Board attend site visits for excavation renewals. The Board discussed that this was good policy but noted that a motion was not necessary.

 

3.       Other Business

-          The Board discussed the need to collect specific growth indicators as stated in the ordinances and assigned the task to the clerk.

-          The Board reviewed the letter prepared by the clerk to contract a wildlife biologist for two of the current cases.

-          Chairman Kandt discussed an issue brought to his attention by the arborist for PSNH and the Board decided that he should come before the Board and discuss the situation himself.

-          The Board discussed the current state of the CIP work in progress and assigned the Clerk to communicate with Steve Wagner and Matt Fish and collect whatever data they directed her to.

 

4.       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 9:30 p.m.

 

Respectfully Submitted,

Heather Loewy Nichols

Wilton Planning Board Clerk

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