July 21, 2010 Meeting Minutes

Status: 
Final

TOWN OF WILTON

PLANNING BOARD MEETING

MINUTES

Approved 9/1/10

 

DATE:            July 21, 2010

TIME: 7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:     Wilton Planning Board Members: Chairman Jeff Kandt (arrived late), Alec MacMartin (left early), John Shepardson, Walter Zuber, Matt Fish, Alternate Sue Egan, Board of Selectman representative Steve McDonough, and Clerk Heather Loewy Nichols.

 

Mr. Fish opened the meeting at 7:00 p.m. and explained that he would be Acting Chair until Mr. Kandt arrives.

 

Mr. Fish appointed Sue Egan to the Board as a voting member in place of Jeff Kandt.

 

1.      Minutes:

-         June 16, 2010

A MOTION was made by Mr. Shepardson and SECONDED by Mr. McDonough to approve the minutes of June 16, 2010 as amended.

Voting: 6 ayes; motion carried unanimously.

 

-         July 7, 2010

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Shepardson to approve the minutes of July 7, 2010 as amended.

Voting: 5 ayes; motion carried with Mr. Fish abstaining.

 

Continuations:

2.     PB10-005-SPR-William & Nancy McKay – An application for a site plan review of a proposed erosion plan for a single residential structure with a driveway, well, and septic system in Lot C-043 on Davisville Road.

 

Tim Ferwerda, of Meridian Land Services, appeared before the Board for the applicant and submitted revised plans to the Board. 

 

Mr. Fish read a letter from Town Counsel regarding the concerns of the Conservation Commission and the Board of Selectmen.

 

Mr. MacMartin explained that the Board should not be accepting a plan that represents something other than what is actually on the ground at the site.

 

Mr. Ferwerda explained that his firm did enough work to know where the edge of the wetland lies and explained that the plan shows 197 soils, which is an indication of soil that does not drain well, and 143C soils. He noted that the soil mapping is done on a broad scale but he does not believe that soil has been added to raise the ground level and he is pretty sure that what is on the map is consistent with what has been on the ground for a while although, he noted, he has not done any soil borings. He further explained that his firm has done soil explorations by the house and those test pits showed no fill.

 

Mr. McKay stated that the state has been to the site three times during which they dug test borings and each time they stated that they found original soils. He explained that he did not add any fill; all he did was level the whole area.

 

Mr. MacMartin suggested that the applicant bring a report from the state showing that this issue has been discussed and resolved.

 

Mr. Ferwerda noted that the retaining wall has been removed from the plan.

 

Mr. Fish read the latest letter from Dennis LaBombard, Town Engineer.

 

Mr. Shepardson noted that any wall 48" or higher has to be engineered.

 

Mr. Ferwerda stated that he can work on the engineering of the wall but that he thinks that it is a separate issue from the erosion control plan. He also noted that the drive is being graded so any run off goes into the catch basin.

 

In response to a question from Mr. MacMartin, Mr. Ferwerda explained that if the drive were to be paved less sediment will get into the basin and it will have to be cleaned less often. He also noted that there is a grate on the catch basin.

 

In response to a question from Mr. MacMartin, Mr. Ferwerda stated that one of the drives will be blended back into the field.  Mr. MacMartin asked that a note be added to the plan stating that the access should be as shown and the existing drive should not be used to the access the house.

 

Mr. Wagner stated that the Registry of Deeds plan number should be added to the reference plan section, that the applicant might want to change the construction sequence dates, and that a note should be added stating that the leaching basin should be maintained following best management practices.

Mr. Kandt arrived at 8:00 p.m. but did not join the Board as a voting member.

 

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Shepardson to conditionally approve the application subject to completion of the following items:

 

-         Plan Number to be added to the Reference Plan section

-         Amendment to Note 1 with regards to the construction sequence

-         Addition of a note regarding use of the drives; specifically that the existing drive will be abandoned

-         Addition of a note regarding maintaining the leaching basin

-         Submittal of a letter from Dawn Bach, stating that there has not been fill occurring in the lowland area and substantiating the applicant’s representation that test borings have been done with the result that there has been no fill added to the area

-         Addition of a note stating that wall engineering will be submitted with the Building Permit Application for any areas over 4'.

 

Voting: 6 ayes; motion carried unanimously.

 

Jeff Kandt joined the Board and Sue Egan was placed on the Board for Neil Faiman as voting members at 8:15 p.m.

 

3.     004-SA – Donald Sienkiewicz- An application for a 17” x 28” painted plywood sign at 110 Isaac Frye Hwy, Lot H-066.

 

Steve McDonough and Walter Zuber stepped off the Board as voting members.

 

Mr. Sienkiewicz appeared before the Board and explained that the statute was written in 1862 and it talked about barb wire fences as public nuisances. He stated that he thinks that the statute was written to keep obstructions out of the road and noted that the proposed sign is not an obstruction.

 

Mr. McDonough stated that Kayla’s Cleaning Service has a new sign that has never been approved by the Board and commended Mr. Sienkiewicz for at least coming to the Board.

 

Mr. MacMartin read a letter from Town Counsel stating that signs cannot be placed in the right of way.

 

After discussion, a MOTION was made by Mr. Shepardson and SECONDED by Mr. MacMartin to deny the application because it is against the law.

Voting: 5 ayes; motion carried unanimously.

 

Steve McDonough and Walter Zuber returned to the Board as voting members.

 

4.     PB10-005-SPR-William & Nancy McKay – An application for a site plan review of a proposed erosion plan for a single residential structure with a driveway, well, and septic system in Lot C-043 on Davisville Road.

 

**reopened from earlier in the meeting**

A MOTION was made by Mr. Fish and SECONDED by Mr. Shepardson to reopen the McKay application.

Voting: 6 ayes; motion carried unanimously.

 

A MOTION was made by Mr. Zuber and SECONDED by Mr. Shepardson to accept the application.

Voting: 6 ayes; motion carried unanimously.

 

A MOTION was made by Mr. Zuber and SECONDED by Mr. McDonough to conditionally approve the application subject to completion of the following items, as stated in the original approval motion:

 

-         Plan Number to be added to the Reference Plan section

-         Amendment to Note 1 with regards to the construction sequence

-         Addition of a note regarding use of the drives; specifically that the existing drive will be abandoned

-         Addition of a note regarding maintaining the leaching basin

-         Submittal of a letter from Dawn Bach, stating that there has not been fill occurring in the lowland area and substantiating the applicant’s representation that test borings have been done with the result that there has been no fill added to the area

-         Addition of a note stating that wall engineering will be submitted with the Building Permit Application for any areas over 4'.

 

Voting: 6 ayes; motion carried unanimously.

 

5.     PB10-007-SPR – Lincoln Geiger - An application to change the usage of the apartment at Four Corners Farm from a residence to a café at Lot 98-1, 195 Isaac Frye Highway.

 

Alec MacMartin left the meeting.

 

Lincoln Geiger appeared before the Board and submitted a letter from the owner and Fire Chief as requested by the Board previously.

 

After discussion, a MOTION was made by Mr. Fish and SECONDED by Mr. Shepardson to accept the application.

Voting: 6 ayes; motion carried unanimously.

 

A MOTION was made by Mr. Fish and SECONDED by Mr. McDonough to conditionally approve the application upon receipt of revised plans with the obsolete information removed.

Voting: 6 ayes; motion carried unanimously.

 

New Applications:

6.      PB010-008-SA- Lincoln Geiger An application to affix a wooden painted sign that is 3.25 SF in area to the House at Four Corners Farm on Abbot Hill Road.

 

Lincoln Geiger appeared before the Board and explained that he would like to amend the application to place a 4SF freestanding sign near Abbot Hill Road instead of on the house.

 

A MOTION was made by Mr. Fish and SECONDED by Mr. McDonough to approve the application.

Voting: 6 ayes; motion carried unanimously.

 

7.      Other Business

-     Edgewater Estates

Mr. Shepardson brought to the attention of the Board a situation at Edgewater Estates with regard to a broken elevator and asked for advice on how to handle the situation.

 

8.      Adjournment

A MOTION was made by Mr. Fish and SECONDED by Mr. Shepardson to adjourn the meeting.

Voting: 6 ayes; motion carried unanimously.

 

Chairman Kandt declared the meeting adjourned at 9:45 p.m.

 

Respectfully Submitted by,

Heather Loewy Nichols

 

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