Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

MINUTES

Approved 9/16/09

DATE:           August 19, 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 John Shepardson, Board of Selectman representative Bill Condra, NRPC representative Steve Wagner and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)                 Minutes

-          July 15, 2009

-          August 5, 2009

2.)                 PB09-013-SA: Hometown Café

3.)                 PB09-014-SA: Zoanti Yoga Studio

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

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

6.)                 PB08-019-SD: Simoni

7.)                 PB09-006-SPR: Dennis Slocum

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

9.)                 PB09-009-SPR: Verizon Wireless

10.)              PB09-011-SPR: Devine Flooring

11.)              PB09-012-SPR: Robin Drake

12.)              Pre-application: Glen Partridge

13.)              Other Business

14.)              Adjournment

Chairman Kandt opened the meeting at 7:35 p.m. and appointed John Shepardson as a voting member for Brian Sullivan.

1.       Minutes:

-          July 15, 2009

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

Voting: 6 ayes; motion carried with Matt Fish abstaining.

-          August 5, 2009

A MOTION was made by Mr. Zuber and SECONDED by Mr. MacMartin to approve the minutes of August 5, 2009 as amended.

Voting: 5 ayes; motion carried with Bill Condra and Matt Fish abstaining.

Sign Applications:

2.       PB09-013-SA: Hometown Café - An application by Virginia Davis for a sign at 10 Main Street Unit #18.

As the applicant was not present and the application was incomplete, a MOTION was made by Mr. Fish and SECONDED by Mr. Faiman to continue the application to September 16, 2009.

Voting: 7 ayes; motion carried unanimously.

3.       PB09-014-SA: Zoanti Yoga and Mediation Studio - An application by Lisa Loring for a 5.28SF wood and metal projecting sign at 51 Main Street.

Pete Govoni appeared for the applicant and Mr. Kandt explained that the application is for a wood and metal non illuminated sign.

After determining that the application adhered to the sign regulations, a MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to accept the application.

Voting: 7 ayes; motion carried unanimously.

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

Voting: 7 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.

Mr. Wagner explained that he received an email from the applicant stating that they have received the permit for the water system but they are still negotiating abut the treatment system and asked to be continued.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Fish to continue the application until September 16, 2009.

Voting: 7 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 appeared for the applicant and asked for a continuance to the next meeting.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to September 16, 2009.

Voting: 7 ayes; motion carried unanimously.

6.       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 for the applicant and explained that at the last meeting he addressed all the engineering issues except the culvert under the road. He stated that he went to the Selectman and they decided on a $2,000 per lot offsite fee and determined that they can set the lot corners.  

Mr. Zuber noted that he walked the bounds and everything looked to be in place.

Mr. Shea explained that Road Agent Steve Elliot was at the Select Board meeting and he stated that he did not want to dig up the new road to replace the culvert as he thinks it is fine and instead he agreed to the offsite improvements.

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

Voting: 7 ayes; motion carried unanimously.

Mr. MacMartin stated that the “shall include it” in Note 16 is to mean all required infrastructure including said road and detention pond.

A MOTION was made by Mr. Fish and SECONDED by Mr. Zuber to approve the application conditional on the receipt of fees.

Voting: 7 ayes; motion carried unanimously.

7.       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.

The Board reviewed the plans submitted by the applicant for approval.

Mr. Fish noted that Note 20 regarding the preconstruction meeting should state that the water commissioners be at the meeting. He also questioned whether Note 18 should specifically designate not allowing non in house trash.

Mr. MacMartin stated that Note 2 should state “No outside trash shall be brought onto or stored at the facility.”

Mr. MacMartin stated that he thought it was clear that the Board asked for what the applicant would and would NOT be doing on the site.

The Board also noted that they could not find a note regarding maintenance of the runoff containment as required by the conditional approval.

In response to a question from Mr. Fish, Ms. Tuomala explained that there is reference plan for this site. Mr. MacMartin stated that it is noted on Page 1.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Fish to send the plan back to the applicant requesting the addition of the stated line to Note 2 and the addition of a note regarding the run off containment maintenance per the conditional approval.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to continue the application to September 2, 2009.

Voting: 7 aye; motion carried unanimously.

8.       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.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to September 16, 2009.

Voting: 6 ayes; motion carried with Matt Fish abstaining.

9.       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.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to September 16, 2009.

Voting: 7 ayes; motion carried unanimously.

Mr. Kandt read a letter from Town Counsel regarding the applicants proposed bond language.

** Mr. MacMartin asked that Town Counsel be sent a copy of the Board’s previous decision and noted that the Board did not deal with termination issues at all. He explained to the Board that Town Counsel is concerned about the bond being terminated or ending.

**The Board asked that the applicant to come back to the Board for discussion.

New Applications:

10.    PB09-011-SPR: Devine Flooring - An application for a change of use to a flooring retailer at Tax Map F Lot 35,

Dawn Tuomala, of Monadnock Survey, appeared before the Board for the applicant and explained that this application is for the former Bursey’s site that is being sold by the Healy’s. She noted that they have a purchase and sales agreement with Jim and Chris Devine, of Devine Flooring. She submitted a letter from the Wilton Fire Department finding that there is adequate access and water for the proposal. She also submitted a renewed DOT permit. In response to a concern previously expressed by Mr. Wagner about the service access in the rear of the building, Ms. Tuomala had the Road Agent review the proposal and submitted a letter stating that he approved of the proposal.  She also noted that she went to a Conservation Commission meeting because part of the site falls within the setback line for the 250' shore line protection act and they had no opposition to the project. She noted that they are not proposing any exterior changes at this point although in the future they might need to expand the basement to allow for the large rolls of carpeting.

Ms. Tuomala reviewed the list of waivers she is requesting and her reasons for doing so.  

Ms. Tuomala noted that the applicant would like to replace the “Bursey’s” section of the sign with their oval logo.  Mr. MacMartin noted that the lighting on the sign is not contained to the sign as it is an upcast flood and the lighting needs to be confined to the sign. Mr. Faiman noted that down cast lighting is preferred but not required.

In response to a question from Mr. Kandt, Ms. Tuomala explained that the pool she spoke of previously was on the adjacent property and was over the line of this property so a lot line adjustment was done.

Mr. Kandt stated that he did not have any issues with the requested waivers since nothing is changing.

Mr. Wagner noted that Ms. Tuomala did confirm that the storm water drainage was still working.

Mr. MacMartin asked that the applicant put grass where Bursey’s used to display their flowers.  

Mr. Kandt noted that there are two signs on the plan and only one is allowed in the commercial district. The applicant stated that they are not going to keep the second sign.

Mr. Kandt and Mr. MacMartin noted that if the applicant is going to use the letter board on the sign the sign may be over the 100SF.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the following waivers:

-          Section 6.2.d – Locations of existing buildings, septic system leach fields, wells and well radii within 100 feet of property lines.

-          Section 6.2.f – Road or driveway intersections within 200 feet of property lines.

-          Section 6.3.c – Existing and proposed topography.

-          Section 6.3.e- Soil boundaries and types as certified by a registered engineer, certified soil scientist or SCS.

-          Section 6.3.f- High intensity soil survey, if required.

-          Section 6.3.i & 6.3.k – Drainage calculations and erosion control plan based on a 25 year storm frequency.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman accept the application based upon the discussion at the time of acceptance that the applicant will be adding landscaping to the area east of the building.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the application subject to the applicant providing the landscaping shrubs, as discussed, east of the building and with the understanding that the approval does not include the sign or lighting for the sign which needs to be addressed in a sign application to be submitted at a later date.

Voting: 7 ayes; motion carried unanimously.

11.   PB09-012-SPR: Robin Drake - An application for construction of a garage which will disturb a 15% slope or greater on Tax Map D Lot 12 at 123 Sand Hill Road.

Len Pagano appeared before the Board for the applicant and explained that the applicant has retained the services of Bob Todd to do the grading on the project.  

Mr. Todd explained that this building is on Sand Hill Road on a lot that is .55 of an acre and there is cemetery adjacent to the site. He explained that the cemetery is level and then the land slopes to the site at a 2 - 2.5 to 1 grade which he noted is pretty steep. He explained that the material in the deposit is pretty course and it takes a high velocity flow in storm water to move the material. He stated that he is not very concerned about the run off going into the stream as he designed an infiltration trench to catch the run off from the roof of the building and the uphill slope. He explained that once the slope behind the building has been graded he will be using a roll erosion product and also he will be applying top soil and mulch and planting species that are tolerant of this kind of soil. He noted that there are two healthy trees however the soil around the crown of the roots has moved away down hill and the buttress roots are exposed which, he explained, is not good so he is asking that the trees be cut to the stumps but not removed. He stated that while the construction is going on he is proposing silt socks at the exit to the culvert to prevent any soils from entering into the culvert. He explained that the rest of the site is already vegetated and the street is a gravel surface so he is not planning on putting any erosion protection for entrance vehicles.

Mr. Kandt stated that it looks like there has been a lot of effort to make sure that the slope remains stable and suggested that maybe the plan should go to the town engineer.

Mr. Kandt noted that the construction sequence does not include cutting the trees. Mr. Todd explained that this would be one of the first things to be done.

Mr. Fish stated that he is concerned that enough top soil be laid down and feels that it is more like 1.5 to 1 slope although he does not know what could be done better than what is being proposed. Mr. Todd noted that he does not suggest putting more top soil because that would involve removing the current duff which is why he suggested doing plantings instead. Mr. Fish stated that he feels that the site would benefit from putting the topsoil on top of the duff. Mr. Todd does not feel that the top soil will stay.

**The Board agreed that the plan should be sent to the town engineer.  

**Mr. Fish suggested that the plan should be forwarded to the water commissioners so they are given the opportunity to comment and come to the next meeting. He also asked that any reviews from LaBombard Engineering be forwarded to them also.

The owner of the site noted that she has had many trees come down but has never had any erosion issues.

Mr. MacMartin noted that this site has had very little activity and he wants to make sure that this activity does not cause an erosion issue.

Mr. Pagano questioned whether the concerns could be evaluated by a professional civil engineer and have them approve the plan prior to a building permit being issued.

Mr. Todd noted that not all engineers are qualified for erosion control evaluation.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Condra to continue the application to September 16, 2009.
Voting: 7 ayes; motion carried unanimously.

Pre-applications:

12.  Glen Partridge – Kingdom Hall

Glen Partridge appeared before the Board and explained that they are proposing remodeling the Kingdom Hall building noting that they are not going to be change the foot print of the building or the parking lot but they will be changing three wall packed lights that face out into the parking lot to seven down cast lights around the parking lot.

Mr. MacMartin suggested an as built with the light changes shown might be appropriate, however he did express a concern about putting the lights in the set back. The Board explained the set back to Mr. Partridge.

The board agreed that an as built would be appropriate and a site plan review would not be necessary.

13.   Other Business

Matt Fish, Jeff Kandt, and John Shepardson left the Board as voting members.

Mr. MacMartin read a letter of complaint stating that the complainant heard noise and felt the vibration of blasting from Lot B-079. He noted that the windows shook and the complainant demands endorsement by the Selectman. Mr. MacMartin also read an amended alteration of terrain permit for the Granite State excavation areas.  

** The Board decided to produce a letter asking Granite State to inform their contractor of the agreed to conditions along with a copy of the complaint and a request to for information about the blast. They also decided to give the state a copy of the letters and notify them that only Lot B-11 is grandfathered.

Matt Fish, Jeff Kandt, and John Shepardson returned to the Board as voting members.

14.   Adjournment

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

Voting: 7 ayes; motion carried unanimously.

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

Respectfully Submitted,

Heather Loewy Nichols

Clerk

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