Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

Approved 9/17/08

DATE:           September 3, 2008

TIME:            7:30 P.M.

PLACE:            Wilton Town Hall Courtroom, NH

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

Lyndeborough Planning Board: Vice Chair Bill Ball, Mike Decubellis, Selectman Representative Steve Brown, Alternate Larry Larouche, and Clerk Pauline Ball.

Chairman Jeff Kandt called the meeting to order at 7:35 p.m. and appointed Walter Zuber to the Board as a voting member.

The agenda was amended as follows:

1.)                 PB08-015-SA: Wilton Main Street Association

2.)                 PB08-016-SA: Wilton Main Street Association

3.)                  Other Business: Carnival Hill Basketball Court

4.)                 PB07-006-SD: Provost 1993 Trust

5.)                 Other Business: Granite State Concrete Noise Complaint

6.)                 Adjournment

1.       PB-08-015-SA: Sign Application – Wilton Main Street Association – Applicant is proposing erecting a freestanding temporary sign, 3.4’ in length and 4.25’ in width, on Tax Map J Lot 48 on Main Street.

After discussing with the Board, the applicant withdrew this application.

2.       PB-08-016-SA: Sign Application – Wilton Main Street Association – Applicant is proposing erecting an affixed sign, 1.5’ in length and 2’ in width, on Tax Map J Lot 48 on Main Street.

Chairman Kandt reviewed the application noting that it is for a freestanding, not illuminated sign that is 41” x 51”, or 14.45SF in area, 96” above grade and currently is placed 13.5” from the property line. Alec MacMartin reviewed Zoning Ordinance 16.5 noting that the sign must be no more than 40 SF in area and the top of the sign can not be higher than 14' from the ground. Also he noted that there can only be one more sign than the number of businesses on the lot and since this lot does not have any businesses, only one sign is permitted. He also noted that the sign needs to be at least 10' from the lot line so the sign will have to be moved.  Also the Board noted that the application should have included a picture of the proposed sign with the dimensions of the sign noted and as such this application is incomplete. 

A MOTION was made by Bill Condra and SECONDED by Walter Zuber to continue the application to October 17, 2008.

Voting: 6 ayes; motion carried.

3.       Other Business

-          Carnival Hill Basketball Court

Matt Fish appeared before the Board and noted that he is a member of the Planning Board but at this meeting he has been given permission to speak on behalf of the Board of Selectman. He explained that the Draper family is donating the funds to build a basketball court in honor of Stuart Draper. He explained that the plans for Carnival Hill have always and continue to include two basketball courts but the Drapers are only donating the funds to build one of the courts. He also noted that the location of the basketball courts has changed. He further explained that the plan is to build the court closest to the parking lot and there are no plans to build the second court at this time. He stated that the bids have been received and will be opened on September 29^th. He noted that Dawn Tuomala is the engineer on the project and that he has dug test pits and they were pretty clean and dry. Chairman Kandt explained that as this is town owned land there is no application to be approved and the presentation is purely advisory to the Board. Matt Fish noted that the courts will not be lit. Alec MacMartin noted that the orientation and proximity of the horseshoe pits to the proposed court might be dangerous.

A MOTION was made by Brian Sullivan and SECONDED by Alec MacMartin to acknowledge receipt of the plan.

Voting: 6 ayes; motion carried unanimously.

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to express support of the plan by the Wilton Planning Board with the recommendation that the horseshoe pits be realigned 90◦ and relocated a safe distance from the proposed court.

Voting: 6 ayes; motion carried unanimously.

Continued Applications:

4.       Subdivision Application - Provost 1993 Trust –for Lot B-014 Cram Hill Road in the Residential/Agricultural and Wetlands Districts.  Applicant is proposing a 13-lot subdivision.

Steve Keach, of Keach Nordstrom Associates, appeared before the Board and reviewed a list of outstanding issues, as identified at the last meeting, and his resolutions to the issues, as follows: 

• The conceptual driveway plans have been added to the plan set as Sheets 26 and 27.
• Note 3 was added to Page 26 with regard to erosion control and best management practices.
• Notes 13 – 24 now contain all the pertinent plan notes and appear on Sheet 1, which is the master subdivision plan sheet that will be recorded at the Registry of Deeds.
• Note 27 was added to indicate that all driveways are to be constructed per the design plan and any deviation from the plan will require the approval of the governing municipal authority.
• A note had been added that states that the buffers will be marked by the Wilton Conservation Commission and iron pins have been added to the plan to show the vernal pool easement boundaries.
• A bond estimate was forwarded to LaBombard Engineering and the Board has received comments on the proposal. Dennis LaBombard is recommending a bond for $473,000 for Chernery Road and one for $490,000 for Provost Road. This bond will include the cisterns. 
• Note 18 on Sheet 1 was added with regard to limiting construction hours to those agreed upon by the Board.
• Note 19 on Sheet 1 was added referencing the special exception ruling by the ZBA.
• Attorney McKenny has revised the legal documents to allow the Wilton Conservation Commission to erect buffer signs.
• Note 20 on Sheet 1 has been added with regard to requiring a preconstruction meeting.
• The rational nexus has been recalculated for the Lyndeborough Board.
• The first revisions of the legal documents have been reviewed by both towns’ legal counsel.
• Sheet 19 was renumbered correctly.
• Note 24 on Sheet 1 was added with regards to holding both Boards harmless as requested.
• A note was added that states that monuments will be bonded and set prior to the issuance of a certificate of occupancy.

Attorney McKenney stated that the first revisions of the documents have been reviewed by both Town Counsels and that he has addressed the issues raised by them and submitted revised documents to the Boards. He reviewed the concerns raised by Wilton’s Town Counsel and his solutions to them. He stated that he will send Wilton’s Town Counsel a copy of the documents. Robert McKenney confirmed for the Lyndeborough Planning Board that the trail will not be a Class VI road. Robert McKenney questioned whether the Board would allow the lot that takes direct access off of Cram Hill Road to be built without bonding the rest of the site as it does not require the rest of the infrastructure as the other lots do. After discussion, the Wilton Planning Board advised the applicant to discuss the proposal with the Wilton Fire Chief and with Town Counsel with regards to a disclosure and hold harmless clause on the deed of the lot in question. The Lyndeborough Planning Board did not express any objection to the proposal. Brian Sullivan also suggested specifying a clear time line. In response to a question from Chairman Kandt, Steve Keach stated that they would be willing to post temporary street signs and lot numbers while the project is under construction. He suggested that he could add the appropriate language to a note already on the plan regarding a construction sign to be placed. Chairman Kandt question whether the Board has concerns that Note 20 requires a preconstruction meeting with the “Town of Wilton.” The Board had no objections.

The Board and Steve Keach discussed the possibility of a conditional approval. The Wilton Planning Board decided that this would not be appropriate as often the comments from Town Counsel require discussion within the Board. Steve Keach noted that he still needs to provide the Board with an updated State Subdivision approval. 

With regards to RSA 674: 39, the Board discussed Steve Wagner’s suggestion that they define “active and substantial development” and his suggestion that the installation of the cisterns may be an appropriate marker. 

There was a suggestion that a condition of approval may be that the Lyndeborough Planning Board signs the plan before the Wilton Planning Board does.

Steve Keach discussed with the Lyndeborough Planning Board their approval and bonding needs.

A MOTION was made by Alec MacMartin and SECONDED by Brian Sullivan to continue the application to October 2, 2008 at 7:30 in Lyndeborough.

Voting: 6 ayes; motion carried unanimously.

5.       Other Business

-          Granite State Concrete Noise Complaint

The Board discussed a letter written to them regarding the size of the blasts that Granite State Concrete has been using this year. The Board directed the Clerk to determine what data Granite State Concrete currently provides to the Board with regard to seismic documentation of the blasts. They also asked the Clerk to send a response to the complaint letter and make the author aware that the Board is taking steps to deal with her complaint.

6.       Adjournment

A MOTION was made by Bill Condra and SECONDED by Alec MacMartin to adjourn the meeting.

Voting: 6 ayes; motion carried unanimously.

Chairman Kandt declared the meeting adjourned at 9:23 p.m.

Respectfully Submitted,

Heather Loewy Nichols

Wilton Planning Board Clerk

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