Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

MINUTES

Approved 8/18/09

DATE:           July 15, 2009

TIME:            7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:    Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, Walter Zuber, Matt Fish (arrived at 8:00), Alternate John Shepardson, Board of Selectman representative Bill Condra, NRPC representative Steve Wagner and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)                 Minutes

-          June 17, 2009

-          July 1, 2009

2.)                 PB07-001-CSD: First Light Farm – Cluster Subdivision

3.)                 PB07-014-SD: Perham Woods- Cluster Subdivision

4.)                 PB08-019-SD: Simoni

5.)                 PB09-006-SPR: Dennis Slocum

6.)                 PB09-007-SPR: Donnie and Daniel Kelley

7.)                 PB09-009-SPR: Verizon Wireless

8.)                 PB09-010-LLA: Douglas St. Clair and Ken Doerr

9.)                 PBEX01- Quinn Bros Corp.

10.)              PBEX02- New Spartan Properties

11.)              Pre-application: Leonard Pagano

12.)              Adjournment

Chairman Kandt opened the meeting at 7:40 p.m. and appointed Jon Shepardson as a voting member for Brian Sullivan.

1.       Minutes:

-          June 17, 2009

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the minutes of June 17, 2009 as amended.

Voting: 6 ayes; motion carried unanimously.

-          July 1, 2009

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Shepardson to approve the minutes of July 1, 2009 as amended.

Voting: 4 ayes; motion carried with Mr. Zuber and Mr. Condra abstaining.

Continuations:

2.       PB-07-001-CSD: Cluster Subdivision – First Light Farm, LLC – Lots F-095-02,03,07,13,14 and 15 on Isaac Frye Highway in the Residential/Agricultural district. Applicant is proposing 22-unit cluster subdivision.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to continue the application to August 19, 2009.

Voting: 6 ayes; motion carried unanimously.

3.       PB-07-014-SD: Cluster Subdivision - Perham Woods – Lots B-020 on Dale Street in the Residential & Agricultural, Wetlands and Flood Plain District.  Applicant is proposing a 29 unit cluster subdivision.

Ms. Tuomala appeared before the Board for the applicant and read a letter from Town Counsel approving of the revision of the covenants dated July 13^th. Ms. Tuomala reviewed the revisions she made to the plan per the Board’s request including to Note 29 and the definition of active and substantial completion.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to August 19, 2009.

Voting: 6 ayes; motion carried unanimously.

4.       PB08-019-SD: Subdivision – Carlo & Anne Simoni - A Subdivision Application by Carlo and Anne Simoni to divide Tax Map H Lot 56, on Badger Farm Road and Issac Frye Highway, into 6 lots.

Ray Shea, of Sanford Survey, appeared before the Board for the applicant and explained that at the last meeting the main topic of discussion was the review letter from Dennis LaBombard, specifically the increase of offsite drainage. He explained that the Board encouraged him to speak to Mr. LaBombard and see if they can come to a solution. He stated the he has previously not proposed any swales or detention areas but he is now proposing a small detention area and a swale which have effectively eliminated any increase in rain volume and in rate.  

Matt Fish arrived at the meeting.

Mr. Shea stated that he resubmitted the revised plans, they were re-reviewed and of the six items all were addressed but one. The remaining item is regarding an existing culvert that goes under Badger Farm Road. He explained that it changes type as it goes under the road and Mr. LaBombard feels that it should be replaced but Mr. Shea does not feel that the applicant needs to replace the culvert because due to their drainage mitigation no run off from the subdivision will be going to the culvert.

Mr. Shea stated that drainage and trail easements will be forwarded to Town Counsel for review.

In response to a question from Mr. MacMartin, Mr. Shea stated that there will be a negative increase to the West and to the East there will be a negative rate and a reduction in volume. Mr. Faiman stated that the subdivision will put less water into the culvert. Mr. MacMartin noted that the subdivision will be putting more traffic over the culvert and he does not know what effect that will have. Mr. Wagner suggested that this could be solved with an offsite improvement agreement. Mr. MacMartin suggested that the applicant go to the road agent and the Board of Selectman for their opinion.

Mr. Shea noted that the he expects the state subdivision approval before the next meeting.

Mr. Zuber volunteered to walk the bounds.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to August 15, 2009.

Voting: 7 ayes; motion carried unanimously.

5.       PB09-006-SPR- Subdivision Application - Dennis Slocomb- An application submitted by Dennis Slocomb for site plan review of Tax Map F, Lot 161. The applicant is proposing a 5700SF building and related site improvements in order to establish a repair facility and office.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to August 15, 2009.

Voting: 7 ayes; motion carried unanimously.

6.       PB09-007-SPR- Home Occupation Application - Donnie and Daniel Kelley – An application submitted by Donnie and Daniel Kelley proposing an in-home pet boarding facility and photography studio on Tax Map A, Lot 010 at 12 Tighe Farm Road.

Matt Fish left the Board as a voting member at 8:15 p.m.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to August 15, 2009.

Voting: 6 ayes; motion carried unanimously.

Matt Fish returned to the Board as a voting member at 8:20 p.m.

7.       PB09-009-SPR: Verizon Wireless – An application to install 12 camouflaged panel antennas centered at the 136’level on an existing 150’ monopine tower and also a 12' x 30' prefabricated equipment shelter to be located at the base of the tower located on Tax Map G Lot 24 on King Brook Road.

David Whitman appeared before the Board for the applicant explaining that they are seeking site plan approval for co-location on the AT&T pole. He explained that they are proposing adding 12 antennas below the existing antennas and the addition of a 12' x 30' equipment shed within which will be a diesel generator. Mr. Whitman reviewed the changes he has made including Note 17 regarding the light being motion activated and downcast, Note 18 stating that the antennas will be the same color as the tower and Note 19 regarding the capacity of the spill containment unit being 110% of the capacity of the generator. Mr. Kandt read a letter from SFC regarding the additional removal cost of the additional antennas amounting to $8,625.

The Board noted that they should commence the five year review process for the other two owners of cell towers and told the applicant that the bond should be reviewed by Town Counsel and the Board of Selectman.

In response to a question from Mr. Fish, Mr. Whitman noted that the diesel generator is encapsulated inside the shed and in a spillway which holds more than the tank could ever spill.

The Board discussed approval of the plan being conditional on approval of the bond amount by the Board of Selectman and approval of the language by Town Counsel.  

In response to a question from Mr. MacMartin, Mr. Fredette explained that the fuel supplier will be bringing the hose inside the building and filling the generator inside the containment area.

In response to a question from the Board, Mr. Fredette offered to provide the Board with Verizon Wireless’ standard shelter plan.

The board discussed possible diesel spill situations, for instance the truck that delivers the diesel fuel could dump in the ice and spill into the river which then draws to the town well.

After discussion the Board agreed on the following conditions:

-          Approval of the removal bond by the Board of Selectman and Town Counsel.

-          A letter sent to the fuel supplier, cc’d to the town stating that the fuel provider will notify the town if any spill occurs from the intersection of Route 101 and Route 31 intersection to the tower.

-          A note on the plan that states that as Verizon Wireless gets new suppliers they will notify the supplier of their obligation to notify the town in case of spills.

-          Posting a sign on the door stating that the site is a drinking water protection area and in the case of any spill the service provider must immediately notify MACC base and the sign must include a phone number to MACC base.

-          Receipt of fees (including $420 for NRPC work)

-          Receipt of six paper copies, one Mylar, and an electronic copy of the plan.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to accept the application.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Fish to conditionally approve the plan based on the above written conditions.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to August 19, 2009.

Voting: 7 aye; motion carried unanimously.

8.       PB09-010-LLA: Doer & St. Clair – An application to annex 27.27 acres from Tax Map A Lot 67 to Tax Map A Lot 59-02 resulting in Tax Map A Lot 67 having 7.58 acres and Tax Map A Lot 59-02 having 94.30 acres.

Alec MacMartin left the Board as a voting member at 9:00 p.m.

Mr. Faiman stated that he walked the bounds and they were all in place.

A MOTION was made by Mr. Zuber and SECONDED by Mr. Faiman to continue the application to August 15, 2009.

Voting: 6 ayes; motion carried unanimously.

New Applications:

9.        PB-EX01: Quinn Bros Corp - An application to renew Excavation Permit # 2-16-EX-1-00 for Tax Map B Lot 05 off of   Forest Road.

Mr. Fish stated that he inspected the site, behind Goss Park, on July 1^st and found that there has been no activity there in the last five years.

A MOTION was made by Mr. Fish and SECONDED by Mr. Zuber to renew the excavation permit #2-16-EX-100 for Tax Map B Lot 05.

Voting: 7 ayes; motion carried unanimously.

10.   PB-EX02: New Spartan Properties - An application by owner New Spartan Properties to renew Excavation Permit # E22303132-04 Tax Map E Lots 022, 030, 031, 32 off of Route 31 South.

Mr. Fish stated that he inspected the site is off a Route 31 and the fences up, the spill protection is in place, and there has been no erosion.

A MOTION was made by Mr. Fish and SECONDED by Mr. MacMartin to renew Excavation Permit #E22303132-04.

Voting: 7 ayes; motion carried unanimously.

Pre Applications:

11.   Leonard Pagano

Leonard Pagano appeared before the Board and explained that he has been retained by Robin Schoen to design a new garage for her and her fiancé at 123 Sandhill Road, Lot D-012. He explained that the design integrates the proposed building into the existing topography and his solution is to put the majority of the structure where the site is most level including a 16' wide gable cutting into the hill.

Mr. Faiman noted that the lot is in the watershed district and that the regulation says that any disturbance of the slope of 15% or more requires an erosion control plan. Mr. Pagano stated that the hill is a 50% slope and he will need to cut 100SF into the hill.

Mr. Fish stated that there is an RSA that states that one can not excavate within 75' of cemetery and this site is close to the cemetery. He also expressed a concern about erosion.

Mr. Pagano explained that he will need to cut from the down hill side and carry the load over the foundation to back fill.

Mr. Fish stated that he is concerned about debris getting into the culvert and stream and then down into the reservoir.

Mr. MacMartin noted that the existing foundation drains close to those culverts could be an issue.

The Board suggested that Mr. Pagano contact the cemetery trustees and the water commissioner.

Mr. MacMartin stated that he would like to see the final drainage plan.

12.   Adjournment

A MOTION was made by Mr. Faiman and SECONDED by Mr. Zuber to adjourn the meeting.

Voting: 7 ayes; motion carried unanimously.

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

Respectfully Submitted,

Heather Loewy Nichols

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