Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

DRAFT MINUTES

DATE:           June 17, 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, Alternate Jon Shepardson, Board of Selectman representative Bill Condra, NRPC representative Steve Wagner and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)                 Minutes

-          May 20, 2009

-          June 3, 2009

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

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

4.)                 PB08-019-SD: Simoni

5.)                 PB09-006-SPR: Dennis Slocum

6.)                 PB09-007-SPR: Donnie and Daniel Kelley

7.)                 PB09-009-SPR: Verizon Wireless

8.)                 PB09-010-LLA: Douglas St. Clair and Ken Doerr

9.)                 Pre-application: Mazzuchelli

10.)              Adjournment

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

1.       Minutes:

-          May 20, 2009

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the minutes of May 20, 2009 as amended.

Voting: 7 ayes; motion carried unanimously.

-          June 3, 2009

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the minutes of June 3, 2009 as written.

Voting: 5 ayes; motion carried with Mr. Condra and Mr. Fish 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.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to July 15, 2009.

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, from Monadnock Survey, appeared before the Board for the applicant and reviewed the note changes she made in order to meet the conditions set forth by the Board at the last meeting as follows:

-          Note 11: changed “the Building Inspector” to “the Planning Board”

-          Note 21: now reads “a Forest Management Plan shall be prepared for the open space prior to logging and it shall be reviewed and agreed upon by the Wilton Conservation Commission.”

-          Note 22: “every 100'” has been added so the note now reads that markers will be place every 100 ' along the wetland buffer border.

-          Note 29: “Association” has been changed to “Successors” per the request of counsel.

-          On Detail Sheet #1” the last two lines of the statement about active and substantial completion have been removed per the Board.

Mr. Kandt noted that the statement on Detail Sheet #1 is missing the words “constitutes good cause” at the end of the sentence.

Ms. Tuomala stated that she received a review from Town Counsel and per the review she added stump dump areas which are shown on sheets 6, 7, 8, and 9.

In response to a concern raised by Mr. MacMartin, Ms. Tuomala stated that she took the stump dump areas out of the open area calculation and there are still four more acres of open space than what is required. In response to a question from Mr. Fish, Ms. Tuomala stated that the total area of stump dump is .35 acres.

Mr. MacMartin stated he thinks that the note 29 is supposed to mean that the applicant and or their successors have to come back to the Planning Board regarding the trail, but questioned whether the note should reference the wildlife study or possibly state that the use of the right of way will be subject to full review by the Planning Board.

Mr. Fish asked that the minutes note that members of the Planning Board had significant concerns regarding the proposed right of way with regard to the wildlife review, drainage calculations, and overall ecological impact.

The Board asked that a copy of the legal documents be forwarded to the Clerk so that they may be reviewed by the Board.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to July 15, 2009.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to add as a condition of approval that the changes as discussed to note 29 are made to the plan.

Voting: 7 ayes; motion carried unanimously.

4.       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 and stated that last month they requested a continuance because they had just received the initial review letter from LaBombard Engineering and since then they have addressed his comments, resubmitted the plans, and yesterday received another review from LaBombard Engineering. He explained that the comments include a few minor additions and drafting edits that will not be an issue and the other comments deal with drainage. Mr. Shea stated that he feels that the review was more intense than is appropriate for this size project.

In response to a question from Mr. MacMartin, Mr. Shea stated that the drainage is split north to south so the east side drains to the east and the west side of the site drains to the west. He further explained that the east drainage runs through a wetland to a culvert that runs under a private driveway and the west drainage runs through a culvert heading through Badger Farm. Mr. MacMartin noted that the area in question has water problems and possibly this is why the review is so stringent.  Mr. Shea explained that that run off to the east decreases by 8% and to the west it increases by just .6%, but there is a volume increase in both directions. Mr. MacMartin noted that there is not supposed to be any increase in volume.

Mr. Fish stated that Mr. LaBombard has mentioned more then one solution to the drainage issue and suggested that the applicant should come up with a way to meet the needs of the engineer.

Mr. Shea questioned whether this is the way the Board is headed; is a drainage report going to be needed for every two lot plan. Mr. MacMartin noted that when the Board has dealt with other areas where there is potential for run off issues the other sites have had the same scrutiny.

Mr. Fish noted that Mr. LaBombard stated that no attempt to mitigate has been made and suggested that the applicant and the engineer could meet in the middle.

Mr. MacMartin noted that other sites with potential water issues have association maintained detention ponds.

Mr. Shea stated that he feels that there is a point that one needs to look at what they are disturbing and to what benefit.

Mr. MacMartin noted that he is particularly concerned about the culvert under Robin’s Way. Mr. Shea stated that he looked at it and has not seen any issues with the culvert and noted that the wetland behind the culvert works as a good detention pond.

Mr. Shea also noted that Mr. LaBombard feels that the turn around is not adequate even though the Fire Chief has okayed the current design. Mr. Fish stated that he might be concerned about not having 10' of snow storage area but he is okay with the proposal as long as the Fire Chief is happy.

Mr. Shea stated that he will work with Town Engineer but he really does not want to put in detention ponds.

In response to a question from Mr. Faiman, Mr. Shea stated that the easement can be extended to the entire hammerhead but he feels that language that allows the driveway to be constructed should be sufficient.  

Mr. MacMartin noted that Mr. Shea may want to consider where the utilities will run with regard to the 30' right of way.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to July 15, 2009.

Voting: 7 ayes; motion carried unanimously.

5.       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.

Mr. Kandt stated that the applicant has requested a continuance and asked the Board if they would consider hearing the application at the work session as the application was delayed and the applicant disappointed due to a miscommunication and deficiency by the Clerk.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to July 1, 2009.

Voting: 7 ayes; motion carried unanimously.

6.       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. Fish left the Board as a voting member at 8:40 p.m.

Donnie Kelley appeared before the Board and submitted a site plan, including a detail of the basement with the boarding suites and a picture of a proposed sign for an in home dog boarding facility. She explained that she met with the ZBA and they approved her application, however they did deny the proposed driveway so she is back to using her main driveway for parking and access. She also noted that she would like to put a sign on the north side of the driveway.

Mr. Kandt read the conditions of the ZBA decision including that no more then 10 dogs be boarded at a time and that only digital photography will take place on the site.

In response to a comment from Mr. Kandt, Ms. Kelley submitted a sign application. Mr. Kandt reviewed the application for the Board and stated that the proposed sign is 4SF, non-illuminated, and being placed 6' above grade.

Mr. MacMartin noted that the required set back is 35' for a structure that requires a building permit, which the sign does not, and suggested that the sign be place 15' back from the right of way or probably 20' from the road.

Mr. Faiman stated that he does not feel that the sign needs to be 15' from the right of way because a car does not stop at the right of way edge but rather at the edge of the road.

Mr. MacMartin suggested that the sign be place 15' from the edge of the road subject to satisfactory sight distance.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the sign application subject to satisfactory site distance.

Vote: 7 ayes; motion carried.

Mr. Clark, of 29 Stiles Farm Road, stated that the sign has a horse on it and he does not want the sign to imply that the facility is for boarding horses. Ms. Kelley explained that she photographs horses, dogs, and cats, and in the future she might board other animals but she would come back to the board for that approval. In response to a question from Mr. Clark, Ms. Kelley stated that she would not be bringing horses to the site to photograph them.

Mr. Kandt noted that the ZBA approval is for 10 dogs only.

The Board and the applicant discussed hours of operation, employees, and lighting.

Mr. Kandt asked for abutter comment and saw none.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber for a conditional approval subject to a satisfactory submittal, according to the Chairman, of a plan that includes the following:

-          Hours of operation: 8am – 8pm pick up and drop,  Monday – Sunday

-          No employees

-          No additional lighting

-          Lot line marked

-          2 parking spaces notated

-          Fencing noted

-          Sign location marked

Voting: 6 ayes; motion carried unanimously.

Mr. Fish returned to the Board as a voting member at 9:09 p.m.

New Applications:

7.       PB09-009-SPR: Verizon Wireless – An application to install 12 camouflaged panel antennas centered at the 136’level on an existing 150’ monopine tower and also a 12' x 30' prefabricated equipment shelter to be located at the base of the tower located on Tax Map G Lot 24 on King Brook Road.

David Whitman, appeared before the Board on behalf of Verizon Wireless. He explained that the site in question is 240 acres, on King Brook Road, owned by Mr. Crawford. He stated that there is an existing 150' monopine tower that was permitted in 2003 by AT&T for six carriers but currently AT&T is the only carrier and Verizon Wireless is looking to co-locate which, he noted, is strongly supported by the Wilton ordinances. He further explained that their antennas will be below the AT&T antennas and will look almost exactly the same. He stated that they are also proposing a 12' x 30' prefab equipment shelter with a stone aggregate exterior that will be similar to the one owned by AT&T currently onsite only bigger because their generator will be inside the building where AT&T’s generator is outside AT&T’s building. He noted that the generator will run for 30 minutes a week for maintenance. He also noted that Verizon Wireless is attempting to increase their coverage along Route 31 South.

In response to a question from Mr. Fish, Mr. Whitman stated that the tower is not within 250' of the river.

In response to a question from Mr. Condra, Mr. Whitman stated that the containment bowl is more than the capacity of the fuel in the tank.

Mr. Whitman also noted that there will be motion activated downcast lighting above the door of the structure.

In response to a question from Mr. Wagner, Mr. Fredette stated that there are no sprinklers but there are alarms in case of fire.

In response to a question from Mr. MacMartin, Mr. Crawford stated that there was a tree on the fence due to the ice storms but there were no problems with the tower or facility.

In response to a question from Mr. Condra, Mr. Fredette stated that there will be a new grounding matt around the shelter that will tie into the existing grounding ring.

The Board, Mr. Whitman, Mr. Fredette and Mr. Crawford discussed the removal bond currently held by AT&T and what different scenarios if AT&T were to shut down the town or the company and the tower needed to be removed while Verizon Wireless still had antennas on it. Mr. Faiman and Mr. MacMartin stated that they would like to have whatever the legal agreement is stated on the plan so that it is clear and everyone involved understands the situation.   

Mr. Whitman questioned whether it would be possible to get a conditional approval at this meeting and Mr. Kandt stated that there are still two outstanding issues, the size of the containment area and the bond issues, which would prevent the Board from giving a conditional approval at this meeting.

Mr. MacMartin also noted that he would like it stated on the plan that the new antennas will be painted to match what is currently on the tower.

After discussion, a MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to grant the following requested waivers: 6.1(c), 6.2(c), (d), and (f).

Voting: 7 ayes; motion carried unanimously.

Chairman Kandt called for abutter comment and heard none.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to July 15, 2009.

Voting: 7 ayes; motion carried unanimously.

8.       PB09-010-LLA: Doer & St. Clair – An application to annex 27.27 acres from Tax Map A Lot 67 to Tax Map A Lot 59-02 resulting in Tax Map A Lot 67 having 7.58 acres and Tax Map A Lot 59-02 having 94.30 acres.

Alec left the Board as a voting member at 9:40 p.m.

Art Sisleano, surveyor, appeared before the Board for the applicant and explained that the site in question runs along Burton Highway and the Bennington Battle Trail. He explained that Mr. St. Clair owns lot A 67 which has 34.85 acres and Mr. Doerr owns Lot A 59-02 which has 67.83 acres. He explained that after the lot line adjustment Lot A 59-02 will have 94.30 acres and Lot A 67 will have 7.58 acres. He noted that the lots are in the residential watershed district.

Mr. Sisleano explained that the applicant is requesting a number of waivers one of which deals with the scale of the plan because it would be on two sheets at the regulation scale and at the proposed scale the whole plan can be on one sheet while still showing the necessary details.

Mr. Sisleano also noted that he is changing the proposed boundaries as follows: the West boundary will be 616.86', the East boundary will be 346.46', and the back boundary will be 816.96'. He noted that the change will not affect the area of the lot.

Mr. Sisleano stated that the remaining small lot will be 7.58 acres and the wetlands that were shown on the plan were taken from the previous plan. In response to a question from Mr. Fish, Mr. St. Clair stated that the previous plan does not have a Wetland Scientist survey stamp. Mr. Faiman noted that the lot needs to have 6 acres of dryland. In response to a question from the Board, Mr. Sisleano stated that the total amount of wetland equals .5 acres. Mr. Kandt noted that the plan is from 1993. Mr. Fish read section 3.1.34 of the ordinance that states that the wetlands need to be delineated using soil and plant hydrology by a Wetland Scientist. Discussion ensued as to whether the board is willing to accept the documentation from the last plan which does not meet current standards.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Fish to accept the wetland delineation of the Skip Watson plan as being satisfactory for the new plan.

Voting: 5 ayes; motion carried with Mr. Faiman voting against the motion.

Mr. Kandt reviewed the following requested waivers:

-          6.3f – soil scientist & soil boundaries

-          6.1f – horizontal scale

-          6.3d – topography of entire site

-          6.3g – HISS

-          6.3o- test pit data, 4000SF septic area

A MOTION was made by Mr. Fish and SECONDED by Mr. Faiman to grant the waivers as requested.

Voting: 6 ayes; motion carried unanimously.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Fish to accept the plan with the previously granted waivers.

Voting: 6 ayes; motion carried unanimously.

A MOTION was made by Mr. Zuber and seconded by Mr. Condra to conditionally approve the application subject to fulfilling the following conditions:

-          Dimensions as stated shown on plan

-          Surveyor stamp on plan

-          Signatures on plan

-          Receipt of mylar copy of the plan

-          Receipt of six paper copies of the plan

-          Receipt of recording fees

-          Confirmation of the bounds by Mr. Faiman

-          Receipt of a electronic PDF copy of the plan

Voting: 6 ayes; motion carried unanimously.

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

Pre-application:

9.       Mazzuchelli – possible subdivision

The Board reviewed plans presented by Mr. Mazzuchelli and directed him to contact a surveyor for further assistance.

10.   Adjournment

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

Voting: 7 ayes; motion carried.

Chairman Kandt declared the meeting adjourned at 10:30 p.m.

Respectfully Submitted,

Heather Loewy Nichols

Click HERE for PDF