Wilton, NH Planning Board

TOWN OF WILTON

DATE:           March 18, 2009

TIME:            7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:    Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Walter Zuber, Matt Fish (arrived late), Board of Selectman representative Bill Condra, NRPC representative Steve Wagner and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)                 PB09-003-SA: Jeff Meehan – Sign Application

2.)                 PB09-004-SA: Deb Degan – Sign Application

3.)                 PB09-004-SA: Deb Degan - Sign Application

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

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

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

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

8.)                 PB08-019-SD: Simoni

9.)                 PB09-002-CLC: James Weir and Sheryl Gregory – Caveat Lot Consolidation

10.)              PB09-EX03: Leighton White – Excavation Permit Lot Renewal

11.)              Pre-application: Douglas St. Clair and Ken Doerr

12.)              Pre-application: Dennis Slocum

13.)              Minutes

-          March 18,  2009

-          April 1, 2009

14.)              Other Business

15.)              Adjournment

Chairman Kandt called the meeting to order at 7:46 p.m.

Sign Applications:

1.       PB09-003-SA: Jeff Meehan: Applicant is proposing affixing a metal 5' x 5' sign to the outside of 125 Main Street.

Seeing no applicant present, a MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to continue the application to May 20, 2009.

Voting: 4 ayes; motion carried unanimously.

2.       PB09-004-SA: Deb Degan – Applicant is proposing a free standing sign.

Mr. Kandt explained that the applicant is proposing a free standing sign illuminated with two spot lights that are not working as of today.

Ms. Degan explained that the sign is already in place in the same location that the last tenant had a sign, however her sign is smaller.

Mr. Kandt stated that the proposed sign is 6 feet by 40 inches.  

Mr. MacMartin stated that the applicant needs to make sure the spotlights are directed in such a way as not to create glare.

Mr. Kandt noted that the sign must be 15 feet from the lot line.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the application, as amended, for the freestanding sign.

Voting: 4 ayes; motion carried unanimously.

3.       PB09-005-SA: Deb Degan – Applicant is proposing an affixed sign.

Ms. Degan explained that she originally was going to apply for a sign that is 4' by 3' but the sign is bigger than the ordinance allows. She noted that she has a sign that is 5' high and 1' wide that she could put on the side of the building.  In response to a question from Mr. Condra, Ms. Degan stated that the signs she currently has were used at her old location but the ordinance has since changed. Mr. Kandt noted that the applicant’s new building is a multi tenant building where the old building was a single tenant building so a different section of the ordinance applies.

Mr. Kandt explained that the dimension requirements are part of an ordinance and in order to get them waived the applicant needs to go to the Zoning Board.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to deny the application due to a failure to comply with the size requirements as stated in 16.3.1.6.

Voting: 4 ayes; motion carried unanimously.

Continuations:

4.       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, of Sanford Survey, appeared before the Board for the applicant and reviewed the changes that had been made to the plan since the last meeting.

In response to a question from Mr. Kandt, Mr. Shea explained that the applicant is submitting a waiver request to allow the lot line monuments to be placed 10' back from the lot line as the corners of the front lots fall in the right of way and the waiver would prevent them from being hit by plows and during road maintenance.

Mr. MacMartin asked that the reference to the monuments in Note 34 be changed to “10.00 feet.”

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to grant the waiver as requested.

Voting: 4 ayes; motion carried unanimously.

Mr. MacMartin asked that the area inside Wintergreen and Black Birch Lane be labeled as common area or that a notation be made on the plan.  

In response to a concern expressed by Mr. MacMartin, Mr. Shea stated that a reference has been made on Sheet 1 to the substantive notes on Sheets 2 through 9.

Mr. MacMartin explained that note 13 includes a reference to “hooded lighting” but that this term is not defined in the ordinance and the note should refer to downcast lighting.

In response to a question from Mr. MacMartin, Mr. Shea stated that the bonding proposal does include the offsite drainage structures.

Mr. Kandt explained that the mylars would not be signed until all the conditions of approval are met. The applicant stated that he was under the understanding that he would get signed mylars with the conditional approval. Discussion ensued as to why a final signature has to wait for all the conditions to be met.

Mr. Fish arrived at the meeting.

A confirmatory MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to accept the lot consolidation plan.

Voting: 4 ayes; motion carried with Mr. Fish abstaining.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to approve the lot consolidation plan.

Voting: 4 ayes; motion carried with Mr. Fish abstaining.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to record the lot consolidation plan at the same time as the cluster subdivision plan per the applicant’s request.

Voting: 4 ayes; motion carried with Mr. Fish abstaining.

Discussion regarding the approval and notice of decision process ensued.

Mr. MacMartin dictated amendments to the applicant’s proposed notice of decision conditions.

A MOTION was made by Mr. Zuber and SECONDED by Mr. MacMartin to accept the cluster subdivision application.

Voting: 5 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to conditionally approve the cluster subdivision application subject to the dictated conditions.

Voting: 5 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to keep this application on the agenda until the conditions are met.

Voting: 5 ayes; motion carried unanimously.

5.       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 for the applicant and reviewed the outstanding items as noted by Mr. Wagner. She submitted the approved state permits and explained that they are referenced in Notes 17, 18, and 19 on the plan. She also stated that she has placed a gate at the turn around area, as requested by the Board, and she explained that she did not show a gate at the boundary until such time as the other subdivision is complete. She also explained that she added a note stating that the emergency access road is for emergency access only, per the Board. Ms. Tuomala also noted that the bounds have not been confirmed as she was waiting for the snow to clear.  She also noted that she added Note 4 regarding active and substantial completion defining it as the completion of the first 2400' of road construction to gravel base and completion of the fire pond and stating that the vested zoning period is extended to 36 months after the approval date due to current real estate conditions. She also stated that she added a noted on Sheet 1 regarding the requirement of a preconstruction meeting prior to any earth moving or tree clearing activities.

After a recanting of the applicant’s appearance before the Board of Selectman, Mr. MacMartin noted that if the applicant is going to need the bond to be reviewed by LaBombard at a later date it should be noted that it will be at the owner’s expense. Ms. Tuomala explained that the Board of Selectman had suggested a different road construction phasing. Rather then allowing the road construction phasing to be altered at the preconstruction meeting, as proposed by Ms. Tuomala, Mr. MacMartin suggested that the plan include the two possible road construction phasing scenarios so the applicant does not need to come back to the Board at a later date.  

Ms. Tuomala noted that she did include construction phasing of ten houses per year. Ms. Tuomala reviewed her responses to Dennis LaBombard’s review noting the adjustments that she has made. Ms. Tuomala noted that there are three areas on the roads which are above the maximum 8% grade. She stated that two of these areas are due to change she made in response to Mr. LaBombard’s comments and that the third is due to the natural grade of the road. She requested a waiver of the 8% grade regulation and noted that Mr. LaBombard supports the grade change in the two areas and is not opposed to the third area.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the three waiver requests.

Voting: 5 ayes; motion carried. 

Ms. Tuomala stated that she spoke to the applicant’s attorney today and he and Town Counsel are discussing the trail versus access easement issue. She explained that she added Note 29 on Sheet 1 which states that the applicant shall reserve the right to grant a driveway right of way in the future.

Mr. MacMartin stated that the note needs to state that Planning Board approval is necessary, the access can not be used until approval is granted by the Board, and it is to be used for one residential house only.

Mr. Fish stated that he still feels that the driveway right of way negates the wildlife study and is concerned that in 20 years, should the applicant return to the board for approval the Board will not remember the study. The applicant agreed to include a two year time limit on the note.

Ms. Tuomala noted that the documents still need a final review by Town Counsel. Mr. Kandt expressed concern that the applicant is not tying the right of way to a specific location. Ms. Tuomala stated that they would not be doing that.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Fish to continue the application to May 20, 2009.

Voting: 5 ayes; motion carried unanimously.

6.       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.  *Conditionally Approved

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to continue the application to May 20, 2009.

Voting: 5 ayes; motion carried unanimously.

7.       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.*Conditionally Approved

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to continue the application to May 20, 2009.

Voting: 5 ayes; motion carried.

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.

Mr. Shea, of Sanford Survey, appeared before the Board for the applicant and explained that since the last meeting he has added 10' to private turn around per the Fire Chief’s request and added the roof drain underground cisterns to the plan. He also noted that they have received the Dredge and Fill permit and consequently will soon receive the state subdivision approval. In response to a question from the Board, Mr. Shea stated that he has seen Town Counsel’s comments and they are making the appropriate changes.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to continue the application to May 20, 2009.

Voting: 5 ayes; motion carried unanimously.

New Applications:

9.       PB09-002-CLC: Caveat Lot Consolidation – James Weir and Sheryl Gregory: Applicant is proposing consolidating Lot D 48 and Lot D 49.

James Weir appeared before the Board and explained that he is proposing consolidating Lot D-048 and D-049 on Burns Hill Road.  Mr. MacMartin reviewed the applicant’s submitted mortgage documents and declared them to be in order.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the consolidation.

Voting: 5 ayes; motion carried unanimously.

10.   PB-EX03: Excavation Permit – Leighton White: An excavation renewal permit submitted by Leighton White for Tax Map E, Lot 017.

Alec MacMartin left the Board as a voting member.

Mr. Fish stated that he has completed a site visit this morning and he found no noticeable excavation, nor road issues, and he recommended approving the excavation renewal.

A MOTION was made by Mr. Fish and SECONDED by Mr. Zuber to approve the excavation permit renewal for Lot E-017.

Voting: 5 ayes; motion carried unanimously.

Pre Applications:

11.   Douglas St Clair and Ken Doerr: Lot A 067 and Lot A 059.

Douglas St. Clair and Ken Doerr appeared before the Board and explained that Mr. St. Clair wants to sell part of his land to Mr. Doerr. Mr. Kandt noted that they would want to avoid creating a non conforming lot. He stated that the lots are in the watershed district and therefore they will need to leave a lot that is at least 6 acres in area, after excluding any wetlands. He explained that they should direct their surveyor to the watershed ordinance and have him create a lot that conforms to the ordinance.

Mr. MacMartin returned to the Board as a voting member.

12.   Dennis Slocum: Lot F 161.

Chad Brannan, of Meridian Land Services, appeared before the Board for Dennis Slocum and discussed a plan to develop Lot F-161 off of Rte 31, bordering Gamble Brook. He explained that the lot is on 5 acres; 4.7 of which is contiguous upland and the remaining .3 acres is wetland. He noted that the lot is industrially zoned and is within the aquifer district. He also noted that the proposed improvements are outside of the 100 year flood plain. He explained that his client is proposing establishing a repair facility that would service steel box containers and trailers and the vehicles and trucks owned by the business. He stated that there would be 55 gallons of hydraulic fluid and 55 gallons of motor oil located in a contained area inside the building and that vehicle waste will be recycled on site and used to heat the building. He stated that the proposed hours of operation are 8 a.m. to 6 p.m. Monday thru Saturday and that the building has the potential for 10 employees. He noted that the building will be serviced by onsite well and septic with a maximum impervious coverage of 20% and 6 spaces for traffic plus spaces for the business vehicles. He also noted that the proposed lighting would be down cast and meet the requirements of the town.

The Board noted that the lot may be in the newly enlarged wellhead protection district. They also noted that the owner has done a nice job of cleaning the lot up.

13.   Minutes:

-          March 18, 2009

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to approve the minutes of March 18, 2009 as amended.

Voting: 5 ayes; motion carried.

-          April 1, 2009

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

Voting: 4 ayes; motion carried with Mr. Fish abstaining.

14.   Other Business

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to appoint John Shepardson as an alternate board member.

Voting: 5 ayes; motion carried unanimously.

15.   Adjournment

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

Voting: 5 ayes; motion carried unanimously.

Chairman Kandt declared the meeting adjourned at 10:29 p.m.

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