January 15, 2014 Planning Board Meeting Minutes

Status: 
Draft
TOWN OF WILTON
PLANNING BOARD MEETING
DRAFT MINUTES
 
DATE:           January 15, 2013
TIME:            7:30 P.M.
PLACE:         Wilton Town Hall Courtroom
PRESENT:    Wilton Planning Board Members: Chairman Alec MacMartin, Vice Chairman Jeff Kandt, Sue Egan, Neil Faiman, Matt Fish, Board of Selectmen Representative Bill Condra,  NRPC Representative Jennifer Dinovo, and Secretary Heather Loewy Nichols.
 
The agenda was amended as follows:
1.)                 PB11-007-SPRA - Hilltop Cafe
2.)                Other Business
-          Krystal Pelletier; Truly Timeless
-          Phil Dupont; Scenic Road
-          Ann Lorden; Lot Line Adjustment
-          Review of Town Counsel’s comments regarding proposed Ordinance changes
3.)                 Minutes
-          December 18, 2013
-          January 8, 2013
4.)                Other Business
-          Adjournment
 
Chairman MacMartin opened the meeting at 7:30 p.m.
 
 
Continued Applications
  1. PB11-007-SPRA - Hilltop Cafe - An application to amend the original Site Plan approval (PB10-007-SPR) by increasing kitchen seating and changing the exterior of the building. 
 
Neil Faiman stepped off the Board as a voting member.
 
Lincoln Geiger appeared before the Board, for the applicant, and explained that he is before the Board because the Building Inspector notified him that Hillside Café is out of compliance so he went to the Zoning Board and received a new variance and is now before the Planning Board again. He stated that he feels like, at the last meeting, a lot of issues came up that did not have to do with the Hilltop Café. He further stated that he has found an engineer who can do a new plan which will show lighting, the dumpster site, how many bedrooms are in the apartment, the location of the septic, and parking.
 
In response to a question from Mr. Geiger, Mr. MacMartin explained that the new plan will need to show the Board how he would like to use the site such as showing where the tables will be placed including multiple options if he would like. Mr. Fish clarified that Mr. Geiger can designate where the areas would be.
Mr. Geiger stated that he will also designate where the homestead area is, which is separate from the café area, noting that the café only uses the house footprint and a small outdoor area. He explained that he is trying to figure out exactly what the homestead area contains so they can put it on the site plan. Mr. MacMartin stated that he understands why Mr. Geiger would like to figure that out but the Board is not as concerned about the homestead location.
 
Mr. Geiger explained that café patrons are not the only people who use the outdoor seating as it is not confined to only café patrons; for instance students, visitors to the farm, and local residents sit there all day.  Mr. MacMartin explained that if Mr. Geiger would like to increase the number of seats allowed he will need to go back to the Zoning Board.
 
In response to a question from Mr. Condra, Mr. Geiger stated that he is using 24 seats now. Mr. Condra explained that the applicant should have not have gone ahead and implemented the Zoning Board approval before receiving Planning Board approval. Mr. Geiger explained that Hilltop Café was out of compliance before they went to the Zoning Board.
 
In response to a question from Mr. Condra, Mr. MacMartin stated that the Planning Board has taken the position that the 24 seats includes both in and outside seats. He further stated that the applicant may want to go back to the Zoning Board.
 
In response to a question from Mr. Fish, Mr. Geiger stated that he is anticipated having more than 24 seats but not having them all full, for instance when the it is raining more people are inside, when it is nice more people are outside, and on Sundays maybe more  than average. Mr. MacMartin stated that the Board is not interested in averages.
 
Mr. Geiger explained that in order to provide handicap access they would need to expand out a wall and to receive a variance to put a ramp in. He stated that he feels right now that he does not want to deal with the handicap access. Mr. MacMartin explained that either the handicap requirements apply or they don’t. The Board suggested that Mr. Geiger determine if he is required to update with handicap accessibility soon so that he does waste his money.
 
Mr. Geiger stated that he spoke to the Farm Board about the drainage and they feel that the drainage should not be involved in the Café application. Mr. MacMartin stated that showing drainage is required because the applicant is required to show the usage of the property which includes drainage. He further explained that if there is a culvert that is capturing runoff then it needs to be shown. The Board suggested the applicant review Section 5.11: Environmental factors in the Site Plan Regulations. In response to a question from Mr. MacMartin, Mr. Geiger stated that the culvert drains into a ditch at the beginning of the creek. Andrew Kennedy noted that the town road also drains into that creek. In response to a question from Mr. Fish, Mr. Lincoln stated that there is a 2 foot culvert with a sump and when the farm attempts to expand its parking they would be more than happy to upgrade the culvert to standard grade. Mr. Kandt suggested that Mr. Geiger review Section 9.5: Storm Drainage and 9.6 regarding erosion and sediment control.
 
Mr. Geiger suggested that if the envelope extends to the back he could put some parking back there. In response to a question from Mr. MacMartin, Mr. Geiger stated that he would access the back parking though the curb cut that has been approved by the state.
 
Mr. Geiger stated that he will return next month hopefully with a new site plan. Mr. MacMartin noted that if the variance is re-heard and does not remain in effect then the work with the Planning Board ceases and he may want to wait until the Zoning Board application is re-heard or the appeal time period is exhausted to proceed.
 
A MOTION was made by Mr. Kandt and SECONDED by Mr. Fish to continue the application to February 19, 2014.
Voting: 5 ayes; motion carried unanimously.
 
Mr. Faiman returned to the Board as a voting member.
 
  1. Other Business
-          Krystal Pelletier; Truly Timeless
Krystal Pelletier appeared before the Board and explained that she is starting a business on Main Street and needs a letter that states that she is in compliance in order to comply with the state Board of Aesthetics.
 
After discussion, a MOTION was made by Mr. Kandt and SECONDED by Mr. Condra to find the Board does not object to Mr. Faiman writing a letter to the state Board representing the Wilton Planning Board.
Voting: 6 ayes; motion carried unanimously.
 
-          Phil Dupont; Scenic Road
 Phil Dupont appeared before the Board and explained that he would like to be able to take some trees out of lot D-130 on Wilson road and he has spoken to the Board of Selectmen, because he would like to move the stone wall to allow the trucks to get in and out and then he will replace the wall as it was.
 
In response to a question from Mr. Fish, Mr. Dupont stated that he will be logging both for aesthetics and timber harvest as the area has not been cut since for at least 20 years.
 
Mr. Alex Oxman, licensed arborist explained that he will be cutting for forest management purposes.
 
Mr. MacMartin read section 231.158: Effects of designation as a Scenic Road.
 
Mr. Condra explained that Mr. Dupont appeared before the Board of Selectmen and they had no objection.
A MOTION was made by Mr. Fish and SECONDED by Mr. Kandt to find that the timber harvest access as proposed by Phil Dupont is insignificant and therefore does not require review by the Planning Board and is permitted under Section 231.158; IV.
Voting: 6 ayes; motion carried unanimously.
 
-          Ann Lorden; Lot Line adjustment J-134 and J-139
Ann Lorden appeared before the Board and explained that she would like to do a lot line adjustment for Lots J - 134 and J- 139, at 49 Burns Hill Road. She stated that in 1943 a barn, garage, and residence existed on the lot and in 1956 the garage was converted into another residence. She further explained that in a deal with the High School Lot J-139 was received with 10 feet of frontage on Burns Hill Road. She stated that she would like to do a lot line adjustment so that each residence is on its own lot as currently there are two dwelling structures on one lot and no dwelling structures on the other. She explained that the rear lot will have 10 feet of frontage on Burns Hill Road but will continue to gain access from through the other lot. The Board and Ms. Lorden discussed the proposal. The Board had no significant objection.
 
-          Review Town Counsel’s comments regarding proposed Ordinance changes
The Board reviewed a letter written by Town Counsel with regard to the proposed Ordinance changes submitted to him and Ms. Dinovo submitted amended Ordinance proposals reflective of Town Counsel’s comments.
 
A MOTION was made by Mr. Kandt and SECONDED by Mr. Condra to send the proposed Ordinances, as amended this evening, to public hearing on January 29, 2014.
Voting: 6 ayes; motion carried unanimously.
 
  1. Minutes
-          December 18, 2013
After review, a MOTION was made by Mr. Condra and SECONDED by Mr. Kandt to approve the minutes of December 18, 2013 as amended.
Voting: 6 ayes; motion carried unanimously.
 
-          January 8, 2014
After review, a MOTION was made by Mr. Kandt and SECONDED by Ms. Egan to approve the minutes of January 8, 2014 as written.
Voting: 5 ayes; motion carried with Mr. Condra abstaining.
 
  1. Other Business
-          Adjournment
A MOTION was made by Mr. Kandt and SECONDED by Mr. Condra to adjourn the meeting.
Voting: 6 ayes; motion carried unanimously.
 
Chairman MacMartin declared the meeting adjourned at 9:20 p.m.
 
Respectfully Submitted,
Heather Loewy Nichols

Secretary

 

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