Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

Minutes

Approved 3/18/09

DATE:           February 18, 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, and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)                 Minutes

-          January 21,  2009

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.)                 PB08-022-SD: Parker

7.)                 PB08-019-SD: Simoni

8.)                 PB09-001-SA: Jo S. Landis

9.)                 Adjournment

Chairman Jeff Kandt called the meeting to order at 7:35 p.m.

1.       Minutes:

-          January 21, 2009

A MOTION was made by Mr. Zuber and SECONDED by Mr. Fish to approve the minutes of January 21, 2009 as amended.

Voting: 4 ayes; motion carried with Mr. MacMartin 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.

Mr. Faiman stated that he walked the new bounds and found them all to be acceptable.

Ray Shea, of Sanford Survey, appeared before the Board, and explained that at the last meeting the Board and Mr. Wagner gave the applicant a list of notes that will be required on the plan. He explained that he submitted a copy of the amended notes regarding phasing, height of foliage, road standards, errors and omissions, hours of operation, bonding preconstruction meeting, and offsite improvements to Mr. Wagner. He noted that sheet 1 will be recorded at the registry. Mr. Shea further explained that they have been working with Mr. LaBombard regarding his review and his last response dated February 8^th still has issues with the retaining walls. He explained that they would rather not provide detailed information on the retaining walls as they do not know exactly what they will be at this time. He also explained that they have not included any grading around the houses because the grading will be determined by the buyer’s choice of floor plan. He offered to include a note saying that specific standards will be followed if necessary.

Mr. MacMartin suggested that a note stating that the retaining walls will be installed and to what standard should be included because whoever looks at this in the future needs to be put on notice that the walls are required. He also stated that the same issue applies to the drives as he does not want the buyer to come back to the Board and say that the lots are unbuildable. Mr. Kandt noted that previously the Board has asked the applicants to create one version of the plan with possible driveways as proof that the lots are buildable. Mr. Sienkiewicz explained that he is trying not to spend the money on the detailed engineering when he is sure that the plan will constantly be back before the Board to be tweaked. Mr. MacMartin noted that once the plan is on record and there are some buyers the applicant may have a difficult time making any changes to the plan due to site constraints. Mr. Shea stated that he will submit summaries of the necessary characteristics of the individual lots.

Mr. Sienkiewicz explained that he does not want to complete the grading profiles because the road will be on the current grade. In response to a question from Mr. Kandt, Mr. Shea stated that they have marked the plan where the existing road grade is over 10%

Mr. Zuber noted that some of the lots do not have a lot of room between the house and the wetland setback.

In response to a question from Mr. MacMartin regarding fill limitations, Mr. Fish stated that there is 35’ height restriction.

In response to a question from Mr. Sienkiewicz, Mr. MacMartin stated that Mr. Sienkiewicz can submit a proposed notice of decision to the Board but there are no guarantees that the Board will approve it.

Mr. MacMartin and Mr. Sienkiewicz discussed their differing opinions regarding the necessity of mortgage subordination before recording the plan. Mr. Sienkiewicz feels that it is neither practical or under the jurisdiction of the Planning Board to require the subordination documents. Mr. MacMartin explained that if the Planning Board approves a plan that encumbers a mortgaged lot and the lot is foreclosed on then any easements that were created after the beginning of the mortgage are void.  Mr. MacMartin volunteered to discuss the issue with Town Counsel.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to March 18, 2009.

Voting: 5 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 and reviewed a letter from the Fire Chief. In response to a question from Mr. Kandt, Ms. Tuomala stated that the second access could be completed in two years, ten years, or never, and the Fire Chief is aware of this.  

In response to a question from Ms. Tuomala, the Board explained that they will require bonding for the roads to be built to specification, and drainage and bounds along the road be in place.  Mr. MacMartin also noted that the Board will require a preconstruction meeting and that there should be a note to that affect on the plan.

Ms. Tuomala noted that she should have the revised conveyances next week to send to Town Counsel.

Ms. Tuomala explained that the applicant would like to have an access easement to be able to get to Lot B-70-05 for logging if needed. Mr. MacMartin stated that no bulldozers or skidders can pass and noted that the Ms. Tuomala came to the board with an open space plan and a wildlife study but now wants to have an access easement through it. Mr. Fish stated that he feels the trail easement should stay as originally proposed.

The Board asked Ms. Tuomala to include a note requiring that the emergency access road be gated and to state specifically that the access was never intended for vehicles to access any future subdivision and is meant for emergency purposes only; otherwise no general through traffic.

Ms. Tuomala noted that she has spoken to Mr. LaBombard regarding the areas of 8% grade and is waiting for a response.

In response to a question from Ms. Tuomala, Mr. MacMartin stated that active and substantial development will probably be defined as construction of the road to the fire pond. He explained that the applicant needs to make a proposal to the Board and they will decide if it is sufficient.  Mr. MacMartin asked Mr. Wagner to email examples from previous projects to Ms. Tuomala.  

In response to a question from Ms. Tuomala, the Board suggested noise making construction hours of 7 am to 7 pm on Monday through Friday and 9 am to 5 pm on Saturday.  

The Board noted that the bounds that are not bonded will need to be walked. Mr. Faiman volunteered to walk the bounds.

Mr. MacMartin stated that he wants to see the proposed trail easement.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to March 18, 2009.

Voting: 5 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 March 18, 2009.

Voting: 5 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.

Mr. Kandt stated that he walked the bounds and noticed that the legend does not state the type of bound as is necessary.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to March 18, 2009.

Voting: 5 ayes; motion carried unanimously. 

6.       PB08-022-SB: 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 and stated that she has plans and mylars and everything is signed except the maintenance agreement. She explained that the abutters will not sign the maintenance agreement; however the applicant has an existing easement that has been in existence for years. She noted that the Board granted this application conditional approval pending submittal of a signed maintenance agreement. In response to a question from the Board, Ms. Tuomala explained that the agreement is for Pead Lane and that there is a formal easement in the deed that allows the applicant to use the road.

Mr. MacMartin suggested that the applicant could add a title reference in note 2 and change notes 10, 11, and 12 to state that the applicant is responsible for upgrading the road.  

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to substitute the conditions of approval to requiring the applicant to add the source of the easement in Note 2 and that the lot owner is responsible for the upgrade in note 10, and removal of the previous requirements of a maintenance agreement as stated in note 12.

Voting: 5 ayes; motion carried unanimously.

Fees: Town of Wilton: $162.50

7.       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 and explained that the plan has not been changed since last month. He noted that the Fire Chief approved the road but requested a turn around and that he received a letter from the Road Agent stating that he is okay with the proposed driveway except that it is against town regulation. Mr. Shea stated that the applicant is requesting a waiver from the 110’ driveway separation requirement.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Zuber to grant the waiver request based on the fact that the location provides, in the opinion of the Road Agent, the best point of access for that lot, and given the internal site and wetland crossing which has already received approval.

Voting: 5 ayes; motion carried unanimously.

Mr. Shea stated that he can now move forward and work on the details of the plan.

In response to a question from the Board, Mr. Shea explained that the applicant is proposing a snow mobile trail that follows the existing stone walls and lot lines in order to not have the trail cutting across lots. He also explained that he is trying to keep the number of driveways off the road at a minimum and the configuration of the reduced frontage lot would allow it to take access off the private way. Mr. Shea further stated that he met with the Conservation Commission to discuss the snow mobile trail and that he is trying to figure out how to show an easement without locking down the exact location as he wants to wait until he knows exactly the lot configuration.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to March 18, 2009.

Voting: 5 ayes; motion carried unanimously.

New Applications:

8.       PB09-001-SA: Sign Application – Jo S. Landis – A Sign Application by Jo S. Landis to affix a 3’ x 4’ sign made out of composite materials 10’ above grade.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to continue the application to March 4, 2009 and to direct the clerk to contact the Main Street Association for their input and ask the applicant to appear.

Voting: 5 ayes; motion carried unanimously.

9.       Adjournment

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

Voting: 5 ayes; motion carried unanimously.

Mr. Kandt declared the meeting adjourned at 10:00 pm.

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