Wilton, NH Planning Board

WILTON PLANNING BOARD

AGENDA

Wednesday, May 20, 2009 7:30 p.m.

Wilton Town Hall Courtroom

42 Main Street, Wilton, NH 03086

1.       Minutes:

-          April 15, 2009

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to approve the minutes of April 15, 2009 as amended.

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

-          May 6, 2009 (Joint meeting)

A MOTION was made by Mr. Zuber and SECONDED by Mr. Condra to approve the joint meeting minutes of May 6, 2009 as amended.

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

-          May 6, 2009 (work session)

A MOTION was made by Mr. Zuber and SECONDED by Mr. Condra to approve the work session minutes of May 6, 2009 as amended.

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

Sign Applications:

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

Mr. Kandt explained that the application is for a 5' x 5' affixed sign on the side of 125 Main Street, which is the train depot. He explained that the site is zoned commercial and the regulations allow for a 40SF sign and the application is for a 25SF sign. He also noted that the proposed sign is 13' above grade and the regulations allow for 14' above grade.

In response to a question from Mr. MacMartin, Mr. Meehan stated that the sign will not be illuminated but he would like to have some movable letters on it. The Board decided that there are no restrictions pertaining to movable letters.

Mr. MacMartin noted that the sign can not project more that 6” off the wall.

Mr. Kandt stated that there are no signs currently on the building and the proposed sign will be made out of metal.

Mr. Kandt called for public comment and heard none.

A MOTION was made by Mr. Condra and SECONDED by Mr. Zuber to accept and approve the sign application.

Voting: 6 ayes; motion carried unanimously.

Mr. Kandt explained that the application will be forwarded to the Board of Selectman for approval and then to the Building Inspector who will produce a permit.

3.       PB09-008-SA: Sign Application- Center for Anthroposophy – Applicant is proposing affixing a 17.5” x 32” painted wood sign to 43 Main Street.

Mr. Kandt explained that there are three existing signs on the building and this application is for 17” x 32”, or 4SF, sign that it made out of painted wood and being placed 64” above grade.

Mr. Kandt called for public comment and heard none.

A MOTION was made by Mr. Zuber and SECONDED by Mr. Faiman to accept and approve the application.  Voting: 6 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.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to continue the application.

Voting: 6 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.

Ms. Tuomala, of Monadnock Survey, appeared before the Board for the applicant and stated that at last meeting the biggest item outstanding was as review and approval by town counsel review. She explained that they did receive a response from town counsel with a number of issues but nothing that she feels can not be addressed. He further explained that unfortunately Mr. Quinn’s mother passed away and he has been out of the office but the revisions should be completed shortly. She further explained that the two road phasing option has been added to plan, so either option can be used, and note 29 has been added referencing the trail easement has been rewritten to include the time limit as requested by the Board.

Mr. MacMartin noted that note 16 states that the wetland crossing is for 10 residential units but the future driveway would make it 11. Mr. Kandt asked that note 11 be changed to state that the plan will be submitted to the Planning Board for house location changes.

In response to a question from Mr. MacMartin, Ms. Tuomala stated that the first nine sheets of the plan will be recorded.  

In response to a question from Mr. Fish, Ms. Tuomala stated that any house location change would be within the setbacks.

Mr. MacMartin stated that note 21should state that the forest management plan shall be reviewed and agreed upon by the Wilton Conservation Commission.

The Board stated that Note 22 should state that 4” diameter circular signs should be placed every 100' in order to delineate the buffers edge.

Mr. Kandt asked the words “applicant’s substantial investment of time and money in reliance upon current ordinances” be removed from the active and substantial vesting wording.

Mr. Tuomala noted that the waivers approved last month are noted on the grading sheets per Mr. Wagner.

Mr. Faiman stated that he walked the bounds and found all the interior lot and exterior bounds except for the road markers. Mr. Tuomala noted that the other bounds have been included in the bond.

In response to a question from Mr. Fish, Ms. Tuomala stated that note 1 on Sheet D refers to the diameter of the stone and note 3 refers to the depth of the stone.  

The Board asked that “at the owner’s expense” be added to note 26.

In response to a question from Mr. Kandt, Ms. Tuomala stated that the first 2400' in option 1 would pave all of Perham Road plus part of Beech Lane to the fire pond and option 2 would pave Perham Road over the wetland crossing, Beech Lane to the fire pond, and the loop of Alder Lane. She noted that 2400' is more than half of the total road length.

Mr. Kandt read a letter from LaBombard Engineering stating that all items have been satisfactorily addressed.

In response to question from Mr. Kandt, Ms. Tuomala stated that in order for the conveyance to be fully effective sheets 1-9 need to be recorded.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Condra to conditionally approve the application subject to note changes as stated above, an unconditional approval by Town Counsel, payment of fees and required plan copies.

Voting:  6 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to June 17, 2009.

Voting: 6 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. Faiman to deny the application due to a failure to satisfy the conditions set forth.

Voting: 6 ayes; motion carried unanimously.

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.

A MOTION was made by Mr. Fish and SECONDED by Mr. MacMartin to continue the application to June 17, 2009.

Voting: 6 ayes; motion carried unanimously.

New Applications:

8.       PB-EX04 – Excavation Permit Renewal- New Spartan Properties - An application by owner New Spartan Properties to renew Excavation Permits for Tax Map F, Lot 122 and Tax Map M Lot 059 off of Abbot Hill and

Tom Quinn appeared before the Board and stated that last Thursday Mr. Fish and he looked at site. He noted that there have not been any issues since last year. Mr. Fish stated that he reviewed the excavation site on May 14^th and there was little activity, no silt fence disturbances, pooling of water, or anything of note. He recommended that the permit be renewed.

A MOTION was made by Mr. Fish and SECONDED by Mr. MacMartin to renew the excavation permit for Lot F-122 and M-059.  

In response to a question from Mr. MacMartin, Mr. Kandt confirmed that the bonds were included with the application.

Voting: 6 aye; motion carried unanimously.

9.       PB-EX05 – Excavation Permit Renewal – New Spartan Properties - An application by owner New Spartan Properties to renew Excavation Permits for Tax Map F Lot 173 and Tax Map E Lots 022, 023, 017, and 021 off of Route 31 South.

Mr. Fish stated that he met with Mr. Quinn on May 14^th and reviewed the excavation site. He noted that the erosion, grading, and drainage were the same as his last site review and the wellhead protection signs and spill controls were all in place.

In response to a question from Mr. Kandt, Mr. Fish stated that the fencing is in place but has been changed. Mr. Quinn explained that he put in all new fencing but it didn’t last through the winter so he has since put in snow fence as he believes it will stay better.

Mr. Quinn submitted a site plan showing the extent of the excavation and stated that he will do so annually. In response to a question from Mr. Kandt, Mr. Quinn stated that producing the updated site plan requires having the site surveyed, which they do every year for their records, and then calculating the amount of material removed.

A MOTION was made by Mr. Fish and SECONDED by Mr. MacMartin to renew the excavation permit for Lots F-173 and E -022, 023, 017, and 021.

Voting: 6 ayes; motion carried unanimously.

10.   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.

Chad Brannen, of Meridian Land Services, appeared before the Board for the applicant and explained that this application if for Lot F-161 which is 5 acres, 4.7 of which is upland and .3 of which is wetland. He stated that the site is in the industrial and aquifer district and the new wellhead protection district does clip the back corner of the parcel to the south side. He further explained that the proposed plans show the building and site improvements for a repair facility for welding and vehicle repairs. He noted that all hazardous material will be contained in the building in a bump out of the building which will provide secondary containment through a step up and step down. He stated that there will be no bulk fuel storage on site. Mr. Brannen noted that the proposed hours of operation are 7 a.m. to 7 p.m. Monday through Saturday and the building has the potential to house 10 employees. He further explained that the site is serviced by onsite water and septic, including an existing well and a proposed septic to the south of the building. He stated that the lighting will be building mounted and down cast with one light on the South side of the building and one on the West side of building over overhead doors. He also noted that no hazardous materials will be disposed of on site and the site entrance will be paved 24' wide and paved 100” deep. He further explained there will be five parking spaces in front of building, which satisfy the parking requirements, but there will also be parking on the south side for gravel container and storage spaces. Mr. Brannen stated that drainage from the site will be handled by a proposed detention basin on south side with a perimeter drain around the building and a graded parking area to convey the majority of the run off to the detention basin. He also noted that the plans show a water quality inlet with a oil and grit separator that water will run through before going into detention basin. He further noted that due to the aquifer district requires no more than 40% impervious and he is proposing 21%. Mr. Brannen read a letter from Fire Chief Dick stating that the applicant needs to provide underground electric utilities under driveway and a Knox Box on the gate they are proposing for the purpose of keeping people off the site when the business is closed. He also noted that the plan has received DOT and subsurface disposal system approval.

Mr. Brennan requested a waiver for regulation 9.8 pertaining to landscaping requirements stating that the subject site has a narrow access and then opens up and has an existing buffer from 31 and a vegetative buffer along the side.

In response to a question from Mr. Faiman, Mr. Brennan stated that he interpits 8.6 to be dealing wth buffering or setbacks. Mr. MacMartin agreed siteng section 17.2.

Mr. MacMartin asked where the snow storage would be and noted that the applicant is relying on the adjacent lot for buffer if they plan on clearing to the lot line. Mr. Brennan stated that they would be storing snow in a South side of the site.

The Board asked that “the key be provided to the Wilton Fire Department” be added to note 16.

In response to a question from Mr. Fish, Mr. Brennan stated that there no easements and they are unable determine the purpose of the monitoring wells. An abutter stated that the monitoring wells were put in place by the town of Wilton about 40 years ago I order to test the Monadock Water well.  

In response to a question from Mr. MacMartin Alec, Mr. Brennan stated that the plan shows a proposed power line across the brook, but PSNH will place the line where they want, possibly on the East side of the access.

The Board agreed that the plans should be sent for engineering review.  

In response to a question from Mr. Fish, Mr. Brennan explained that the trashed referred to in note 17 is only in house trash.  

In response to a question from Mr. MacMartin, Mr. Brennan explained that there is not a lot of existing vegetation on the Northerly side but the applicant wanted to site the building in the Northeast corner to provide as much space from water sources and provide less visual from the road. The Board and Mr. Brennan discussed what can be seen from the road and the abutting properties. In response to a suggestion from Mr. MacMartin, Mr. Brennan stated that he will look into putting evergreens along the North edge.

Ms. Egan, an abutter, stated that she has heard many the back of the gravel delivery trucks flapping and noted that a bunch of dumpsters have been placed on the site which will probably help buffer the noise. Mr. Fish noted that this kind of noise should only occur during construction.

Mr. Kandt asked for input from the Board with respect to the waiver request. Mr. Fish stated that he would like to look at the site before making a decision.

In response to a question from Mr. Kandt, Mr. Slocomb stated that he has tried to site the overhead doors facing away from the abutters so as to prevent any noise issues for the abutters and he noted there will be few outside activities.

In response to a question from the Board, Mr. Slocomb explained that there will only be rollaways on site if they are need in repair and therefore brought back to the building.  

An abutter noted that Mr. Slocomb has removed a gross situation and has cut down the vegetation buffer to make the site look better. He stated that he would like to encourage the board to consider the fact that it is industrial land and one has to expect some noise and the applicant needs some sight line from the road in order to bring is business. He also noted that the applicant took out the pine that would have come down in the ice storm anyways. Mr. Kandt note that all but three abutting lots are zoned industrial.  

Mr. Slocomb stated that the hours of operation will mostly be from 8 a.m. to 4:30 p.m. but noted that trucks will not come in and out all day rather they will generally leave in the morning and then return at night.

The Board decided that they did not need to hold a formal site visit.  

In response to a question from Mr. Kandt, the Board decided the would like to drive by the site and see what the application can bring to the Board before making a decision.  

In response to a question from Mr. Brennan, Mr. Kandt explained that this Board traditionally accepts the plan late in the process sometimes just before approval.

Lyn Draper, from the Conservation Commission, stated that commission has not seen the plan yet and asked if the applicant could meet with the commission.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Fish to continue the application to June 17, 2009.

Voting: 6 ayes; motion carried unanimously.

11.   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.

Mr. Faiman left the Board as a voting member at 9:39 p.m.

Donnie Kelly appeared before the Board and explained that they are proposing a home occupation at 12 Tighe Farm Road which would be a in home boarding facility and photo studio. She explained that they are proposing a high end, kennel free boarding facility where the top number of dogs allowed would be nine which allow the applicant to not use an out building. She further explained that they would use the walk out basement and put in five 3' x 6' suites created with pool fencing then expand into for more suites if there was enough demand. She also noted that she will have an open recreation area for the dogs and an area for a pet photography studio. She explained that they are proposing having 60’ of fence on the front side and constructing wild life fence in back. She also noted that she would like to propose a gravel driveway across from Stiles farm road and would like to request a small sign to show clients where to go.

Mr. Kandt noted that one can only have one driveway.

Ms. Kelly noted that the Zoning Board is planning a site visit on June 2^nd at 7:00 p.m. and the Planning Board is welcome to attend.

In response to a question from the Board, Ms. Kelly explained that wildlife fencing is made up of black mesh on the trees and buried a few feet deep to prevent digging. She also noted that she had previsouly been presenting the plan with privacy fencing but is considering have a three board horse fence with black mesh up front instead.

Mr. Fish left the Board as a voting member at 9:50 p.m.

In response to a question from the Board, Ms. Kelly explained that they are trying to stay away from the kennel environment and noted that the dogs will only be in the suites for sleeping and eating and they will not be outside unless supervised. She noted that they are conscience of the possible noise issues.  She explained that noise is not usually an issue unless the dogs see another animal or person or they are in their cages with no humans present. Mr. MacMartin noted that the privacy fence may be better to keep the dogs from seeing the activity on the road. Ms. Kelly stated that they originally thought of the privacy fencing but from the neighbors’ point of view she felt that some other type of fencng would be better but noted that she was open to suggestions.

In response to a question from Mr. Kandt, Ms. Kelly stated that the pool fencing would allow for the removal of the fencing for two dogs from the same family,

Ms. Kelly also noted that they will be offering pick up and drop off service, possibly at the Doggie Day Spa in the Pine Valley Mill.

The Board and Ms. Kelly discussed possible traffic issues. The Board noted that the applicatant will noeed to show the necessary parking spaces.

A MOTION was made by Mr. Condra and SECONDED by Mr. Zuber to continue the application to June 17, 2009.

Voting: 4 ayes; motion carried unanimously.

Mr. Faiman and Mr. Fish returned to the Board as voting members at 10:05 p.m.

Pre-Applications:

12.   Patricia and David Nelson – Lot F-058: possible subdivision

Dawn Tuomala, of Monadnock Survey, appeared before the Board and explained that this application would be to subdivide out a lot from the site on Intervale Road. She explained that the lot is behind The House by the Side of the Road. She noted that there is an existing house and the owners would like to subdivide off .5 acres with 100' of frontage. She noted that the plan would include a 15' setback from the existing house and noted that the lot is in the residential district.

In response to a question from the Board, Mr. Tuomala stated that she would be surveying for wetlands for the entire property. She also noted that the site is on town water and sewer.

13.   H2O Waste Disposal Services – Lot F-21

Ryan Hansen appeared before the Board and explained thaty Lot F-21 lies on Route 101 and that he would like to put a parking area on the lot. He explained that the runs a residential curb side trash pick up service and he is looking to park three or four trucks as well as a 30 yard container to store recyclables. He stated that the site is 4 acres in area and he would keep the unused portion in current use. He stated that he would propose backing up to the slope when parking vehicles. He also noted that the area has been cleared but includes a buffer and the parking area is not in the aquifer district. He also noted that he will not be storing solid waste, only recyclables.

Mr. MacMartin expressed a concern about washing and run off from the materials, to which Mr. Hansen noted that the containers are covered but not water tight.  

In response to a question from Mr. Condra, Mr. Hansen stated that there would be a sign but there would not be running water or even necessarily a septic on site.

In response to a question from Mr. Fish, Mr. Hansen stated that technically the site would be a transfer facility but it only requires a short application from the state.

14.   Douglas St Clair and Ken Doerr: Lot A 067 and Lot A 059-2.

Mr. MacMartin left the Board as a voting member by 10:20 p.m.

Art Sisleano, surveyor, explained that the pre-application involves Mr. Doer’s Lot A -59-02 and Mr. St Clair’s Lot A-067. He further explained that the application would be to annex a parcel of lot A-067, which currently has 34.85 acres to Lot A-59-02, which is currently, has 67.03 acres. He noted that after the lot line adjustment Lot A-67 will have 7.5 acres remaining. Mr. Sisleano noted that the plan is to a 200 scale to allow the whole plan to be shown on one sheet and question whether the plan needs to re-sized to the required 100 scale.  

Mr. Kandt explained that the applicant would need to request a waiver which the Board would then need to agree to.  

In response to a question from Mr. Sisleano, Mr. Wagner explained that a surveyor will need to certify that the required amount of upland remains in the new Lot A-59-02.

15.   Other Business

A MOTION was made by Mr. Condra and SECONDED by Mr. Zuber to reopen the Perham Woods application to correct an administrative detail.

Voting: 6 ayes; motion carried unanimously.

A MOTION was made by Mr. Fish and SECONDED by Mr. Condra to accept the application.

Voting: 6 ayes; motion carried unanimously.

A MOTION was made by Mr. Fish and SECONDED by Mr. Condra to re-affirm the previous motion to conditionally approve the Perham Woods subdivision application.

Voting: 6 ayes; motion carried unanimously.

A MOTION was made by Mr. Fish and SECONDED by Mr. Zuber to continue the application.

Voting: 6 ayes; motion carried unanimously.

Ms. Draper asked for a list of approved subdivisions that have not been built yet. The Clerk stated that she will forward the list.

16.   Adjournment

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

Voting: 6 ayes; motion carried unanimously.

Chairman Kandt declared the meeting adjourned at 10:38 p.m.

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