Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

Approved 12/3/08

DATE:           November 19, 2008

TIME:            7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

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

The agenda was amended as follows:

1.)                 Minutes

-          November 5, 2008

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

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

4.)                 PB08-003-SD: Gary & Betty Raymond – Subdivision Application

5.)                 PB08-008-SD: Donald Slowik – Subdivision

6.)                 PB08-018-SPR: Household of Faith

7.)                 PB08-022-SD: Parker

8.)                 PB08-019-SD: Simoni

9.)                 PB08-020-SA: Center for Anthroposophy

10.)              PB08-021-SA: Color Shop & More

11.)              Other Business

12.)              Adjournment

Chairman Jeff Kandt called the meeting to order at 7:37 p.m.

Walter Zuber joined the Board as a voting member, in place of Michael Cooley, at 7:38 p.m.

1.       Minutes:

-          November 5, 2008

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the minutes of November 5, 2008 as amended.

Voting: 7 ayes; motion carried.

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.        

Ray Shea, from Sanford Survey, appeared before the Board at 7:43 p.m. and explained that he has met with Dennis LaBombard, of LaBombard Engineering, and they have tried to find places where they could detain, or infiltrate, water run off. He explained that they have found two or three places and they both agree that these are the only places available to address the increased run off. He stated that they are in the process of revising the plans and adding some small retention areas. Mr. Shea stated that Mr. LaBombard feels that if these areas are added then the applicant will have done the best they can. He stated that he is hoping to have approval from Mr. LaBombard next month.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to December 17, 2008.

Voting: 7 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.

Dawn Tuomala, of Monadnock Survey, appeared before the Board at 7:45 p.m. and submitted drainage calculations, legal documents, and plans to the Board to be evaluated by the Conservation Commission, the town’s engineer, and the town’s counsel. She also noted that the wetland application has been submitted to the state. 

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to December 17, 2008.

Voting: 7 ayes; motion carried unanimously.

4.       PB-08-003-SD: Subdivision Application – Gary & Betty Raymond - Lot E10-2, 789 Gibbons Highway – Applicant is proposing converting an existing duplex into a condex.  

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to December 17, 2008.

Voting: 7 ayes; motion carried unanimously.

5.       PB-08-008-SD: Subdivision – Donald Slowik – Applicant is proposing to subdivide Lot B 31-3, located on Pead Hill Rod, into three single family lots.

Donald Slowick appeared before the Board at 7:48 p.m. and stated that the view easement and common drive maintenance agreement have been revised and approved by Town Counsel. He explained that he did not bring mylars this evening because he needs to know how many markers are needed to mark the bounds. He also explained that he relabeled the house lot to B-031-03-04 and the language regarding the structures allowed in the view easement area is now contained in the easement documents.

In response to a question from Mr. Faiman regarding the new zigzag boundary line between lots B-031-3-2 and B-031-3-4, Mr. Slowick stated that this line was necessary in order to get 2 dry acres of land on the house lot. Mr. MacMartin stated that the applicant needed to come up with a better way to define the property line and also needs to add a note on the plan that identifies the area as also being the edge of wetland. Mr. Kandt suggested a separate entry in the plan legend that portrays the specific line under discussion. Mr. Faiman noted that each point will need to be marked at the site. Mr. MacMartin explained that a marker needs to be set at every boundary point to protect future buyers. In response to a question from Mr. Slowick, Mr. MacMartin explained that the Board would only approve without the pins if there was a particular hardship and a bond in place.

Mr. Fish noted that it would be easy for this lot to quickly become non-conforming, for instance is a beaver built a dam in the wetland.

The Board discussed how the applicant might make the property line straighter and still have the acreage he needs.

The applicant stated that he needs to find out what the bounds will cost.

Mr. Kandt noted that the Board has received a letter of approval from Town Counsel.

Mr. Slowick noted that the Conservation Commission approves of the plan also. 

Mr. MacMartin stated that a note similar to Note #11 should be added to the plan for lot B-031-03-02.

A MOTION was made by Mr. Sullivan and SECONDED by Mr. Fish to continue the application to December 17, 2008.

Voting: 7 ayes; motion carried unanimously.

6.       PB08-018-SPR: Site Plan Review – Household of Faith – Lot J-038 on Maple Street – Applicant is proposing changing the common use areas that were approved by the Planning Board in March of 2008.

Alec MacMartin left the Board as a voting member at 8:06 p.m.

Peter Manha appeared before the Board at 8:07 p.m. and stated that the application had been waiting on approval from Town Counsel and that this approval has been received. Mr. Kandt confirmed the receipt of a letter of approval from Town Counsel and noted that the application was accepted at the last meeting.

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

Voting: 6 ayes; motion carried unanimously.

Mr. MacMartin returned to the Board as a voting member at 8:16 p.m.

7.       PB08-22-SD: Subdivision – Parker – Lots B 35-1 on Pead Hill Road – The applicant is proposing creating two new lots from the existing 23 acre lot.

Dawn Tuomala, of Monadnock Survey, appeared before the Board, at 8:17 p.m., for the applicant and explained that last month the Board granted her requested waivers and since then the bounds have been walked by Mr. Kandt. She also noted that she labeled Pead Lane as surface after grass and changed Note 11 as requested. She also changed the legend as requested and added stake and stone delineations. She then submitted a requested release of mortgage to the Board.

Ms. Tuomala explained that the applicant had recently opened a home equity loan and he may have to redo the entire mortgage to get the paperwork the Board needs. She noted that the right of way is already in existence and the only thing that is being changed is the creation of a maintenance agreement for access. She stated that the applicant would like a waiver as the right of way is already in the deeds.

Mr. MacMartin explained that if the mortgage is foreclosed on then the obligation to maintain the road would no longer be in effect as anything that happens after a senior mortgage was recorded is null and void if the mortgage is foreclosed on. He also explained that there is a process in which the applicant can get a partial release.

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

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to continue the application to December 17, 2008.

Voting: 7 ayes; motion carried unanimously.

New Applications:

8.       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, at 8:28 p.m., and explained that the applicant is proposing dividing a 22 acre lot that is South East of the intersection of Badger Farm Road and Issac Farm Highway into 6 lots; 2 reduced frontage lots and 4 conventional lots. He noted that there is some wetland on the property. Mr. Shea explained that they are proposing private way which would service two conventional lots and a reduced frontage lot. The other reduced frontage lot will be taking access from Issac Frye Highway.

Mr. Shea explained that Ordinance 6.3.5 says that a private way can only service two reduced frontage lots and two conventional lots and he questioned whether it can service three conventional lots and one reduce frontage lot. Mr. Faiman noted that Mr. Shea is adhering to the spirit of the ordinance but not the letter. Mr. MacMartin suggested that the applicant try to get a variance from the ZBA.

Mr. Shea stated that the subdivision will have one wetland crossing with about 1500 SF of impact. He also noted that the ultimate goal of the applicant is to preserve the front field.

In response to a question from the Board, Mr. Shea confirmed discussing realigning the snow mobile trail but not eliminating it and noted that there is not currently a formal easement.

A concern was expressed from a member of the pubic regarding water run off from Lot H-56-06.

Mr. Fish noted that he would like to see the snow mobile trail preserved because there is a trail to the east and west and he thinks it is nice that he wants to preserve the hay fields.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to December 17, 2008.

Voting: 7 ayes; motion carried unanimously.

9.       PB08-020-SA: Sign Application – Center for Anthroposophy - A Sign Application by Center for Anthroposophy to affix a painted wood sign on the building at 43 Main Street.

After discussion the Board decided that they could not approve the application as it exists because the sign needs to be hung no lower than 8' from the ground.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to continue the application to December 3, 2008.

Voting: 7 ayes motion carried unanimously.

10.   PB08-021-SA: Sign Application – Center for Anthroposophy - A Sign Application by Center for Anthroposophy to affix a cloth sign on the building at 43 Main Street.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the application subject to the condition that the sign be securely fastened to the building at the top and bottom of the sign.

Voting: 7 ayes, motion carried unanimously.

11.   Other Business

The Board discussed other business.

12.   Adjournment

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

Voting: 7 ayes; motion carried.

Chairman Kandt declared the meeting adjourned at 9:22 p.m.

Respectfully Submitted,

Heather Loewy Nichols

Wilton Planning Board Clerk

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