TOWN OF WILTON 5/7/08

TOWN OF WILTON

PLANNING BOARD MEETING

Approved 5/21/08

DATE: May 7, 2008

TIME: 7:30 P.M.

PLACE: Wilton Town Hall Courtroom, NH

PRESENT: Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, Selectman Representative Bill Condra, Michael Cooley Alternate Walter Zuber, NRPC Representative Steve Wagner, and Clerk Heather Loewy Nichols.

Lyndeborough Planning Board: Chair Tracey Turner, Mike Decubellis, Bill Ball, Tom Chrisenton, Bob Rogers, Selectman Representative Steve Brown, and Clerk Pauline Ball.

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

Chairman Jeff Kandt called the meeting to order at 7:35 p.m.

Bob McKenney appeared before the Board for the applicant and explained that on April 25^th he sent the Boards an opinion from Steven Keach and also they had a site walk with Lyndeborough in order to discuss offsite improvements. The Lyndeborough Board stated that they hoped to have information from the road agent regarding the offsite improvements at the next meeting.

Jeff Merritt appeared before the Board and explained that he has made revisions to the conceptual driveway plan so Lots 019, 019-01, and 019-02 are now accessed by a private road; the driveway on Lot 014-02 has been shifted away from the wetlands as far up the slope as physically possible; rather than being accessed through a curb cut on Cram Hill Road Lot 019-04 is now accessed with a private way off of Provost Road which also serves Lot 019-05; and the driveway on Lot 014-07 has been extended and the house has been pushed up the hill to provide more of a buffer from the wetland. Jeff Merritt also stated that the application has received a wetlands permit for the one wetland crossing on Provost Road. Jeff Merritt submitted a memo to the Board regarding ordinance 3.1.10 regarding the definition of frontage. The Board and the applicant discussed the opinion expressed in the memo.

In response to a question from Alec MacMartin, Steve Keach stated that there is no way to reconfigure the lots because of the topography of the land. He explained that they are trying to advance this plan as a compromise which would best serve the land and the two towns.

Bob McKenney stated that he has tried to speak to Lyndeborough Town Counsel regarding the jurisdiction issue but he has not received a reply. Tom Chrisenton stated that Town Counsel did receive the response but is waiting for a response as to whether the applicant will pay for more discussion. Bob McKenney suggested that the purpose of these joint meetings is so that the Boards can work together and discuss with each other. Tracey Turner stated that she feels that the Boards are hearing each others concerns and rather then the Boards forgetting their zoning requirements and coming to an agreement which works with the applicant, the applicant should listen to the Boards and come up with something that makes both Boards happy. Bob McKenney asked the Boards to get together and give the applicant direction. In response to a question from Bill Ball, the Lyndeborough Board stated that they found the plan submitted this evening to be acceptable. Bob McKenny explained that the intent of the statute is so the Boards can give and take and compromise with each others ordinances. Neil Faiman stated that the applicant has presented plans which satisfy Wilton and plans which satisfy Lyndeborough but they have not been able to meet both the Lyndeborough regulations and the Wilton Zoning ordinances with the same number of lots. Tracey Turner stated that if the applicant insists on the same number of lots then it is their obligation to figure out how but she feels that the regulations can be met with fewer lots. Bob Rogers agreed. Bob McKenney stated that the applicant has gone from 19 lots to 14 lots and from four wetland crossings to one so as to try to accommodate the Boards. Tracey Turner stated that she is concerned about traffic safety. Bill Ball explained that the Lyndeborough Board has been very consistent in the past in supporting their regulations and they do not want to set a precedence which will hurt them in the future. Neil Faiman stated that the Lyndeborough Board is putting their desire not to set a precedent against the explicit right to do so which is set forth in the state statute. Steve Brown noted that the statute says that they may set aside their regulations not that they must do it and he feels that it is unfair to pit the two Boards against each other. He stated that he does feel that the applicant has come down in the number of lots and that the applicant and the Boards are getting closer. He also noted that when the lawyers get involved the Boards lose control which makes no one happy but if the Boards could provide guidance to the applicant a solution could be found. Neil Faiman noted that Lot B 014-09 could be a flag lot with reduced frontage if the Lyndeborough Board would allow three curb cuts.

After more discussion, regarding possible lot configurations, the applicant asked for a 10 minute recess. The Boards went into recess at 8:20 p.m. and came back into session at 8:28 p.m.

Bob McKenney stated that the applicant has agreed to remove Lot 019-01 and have Lot 019-04 gain access through Provost Road. He stated that they would still like the curb cut where the break in the stone wall already exists so that they can eliminate the road through the field however this would require two curb cuts and one driveway. In response to a question from the Lyndeborough Board, Jeff Merritt stated that it is 550’ from the center of the existing field to the center of Cherney Road. The Lyndeborough Board stated that this new proposal was a compromise they could approve. After a request from Tracey Turner, the Boards and the applicant discussed the exact placement of the proposed driveway noting that it may be across from the abutters drive but that this location may be safer and the only location possible because of the wetlands. Steve Brown thanked the applicant for giving up another lot.

In response to a question from Chairman Jeff Kandt, the Boards and the applicant discussed the new proposed location of the drive on Lot 014-02. After discussion, the Wilton Board suggested that the applicant return the driveway to the original location and adjust the grading so that run off would be directed away from the wetland. The applicant stated that they would prefer this solution.

The Boards and the applicant discussed the necessary notes or deed restrictions with regard to the swales.

Bob Rogers stated that he spoke to Dave McQuade and Dave McQuade stated that he is deferring to the Wilton Fire Chief.

In response to a question from Chairman Jeff Kandt, Bob McKenney stated that the snow mobile trail will enter at the same location on Lot B 014-07 but the exit will be different and the snow mobile club has said that they will take care of connecting back up to the trails.

In response to a question from Alec MacMartin, Steve Keach stated that they will be providing a cistern at each road on the Wilton side and noted that this would typically be placed on the right side of the road.

In response to a question from the applicant, the Lyndeborough Planning Board stated that they will go through the Lyndeborough checklist at next months meeting and they will have the road cost by then. They also noted that they will want an as built plan.

Steve Keach explained that they are committed to providing some funds to improve Cram Hill Road and would also consider funding the change at Route 31 and Dale Street.

A MOTION was made by Alec MacMartin and SECONDED by Neil Faiman to refer the issue raised in Steve Keach’s memo dated 05-07-08 to Town Counsel with respect to whether they can treat the frontage on the proposed lot Cherney and Provost Road as providing frontage even if they are not accepted as town roads.

Voting: 6 ayes; motion carried.

A MOTION was made Brian Sullivan and SECONDED by Neil Faiman to continue the application to June 5, 2008 at 7:30 p.m. in Lyndeborough.

Voting: 6 ayes; motion carried.

A MOTION to adjourn was made by Brian Sullivan and SECONDED by Neil Faiman.

Voting: 6 ayes; motion carried.

Chairman Kandt declared the meeting adjourned at 9:01 p.m.

Respectfully Submitted,

Heather Loewy Nichols

Wilton Planning Board Clerk