Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

FINAL MINUTES

Approved 11/18/09

DATE:           October 21, 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, Board of Selectman representative Bill Condra, NRPC representative Steve Wagner and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)                 Minutes

-          September 16, 2009

-          September 30, 2009

2.)                 PB09-017-SD – Roger Clapp

3.)                 PB09-018-SD – Dupont and Sweezey

4.)                 PB09-019-LLA- Tyler

5.)                 Pre-Application: Lincoln Geiger

6.)                 Pre- Application: Bob Bragdon

7.)                 Other Business

8.)                 Adjournment

Chairman Kandt opened the meeting at 7:35 p.m.

1.       Minutes:

-          September 16, 2009

This item was tabled until the next meeting.

-          September 30, 2009

A MOTION was made by Mr. Zuber and SECONDED by Mr. Faiman to approve the minutes of September 30, 2009 as written.

Voting: 3 ayes; motion carried with Mr. Condra, Mr. Fish, and Mr. MacMartin abstaining.

New Applications:

2.       PB09-017-SD – Roger D. Clapp – An application to subdivide the 33.3 acre lot C-101, at 90 Goldsmith Road, into 10 single family lots all taking access from Goldsmith Road.

Mr. Haight appeared before the Board and explained that the proposal is to subdivide Lot C-101 into eight conventional lots and two back lots. He stated that the subdivision has been approved by state, test pits have been dug, the land survey has been done, and the Fire Chief and Road Agent have been consulted. He reviewed the configuration of the lots with the Board.

In response to a question from Mr. Kandt, Mr. Haight stated that they are proposing six driveways for ten lots.  

Mr. Haight stated that at the pre-application meeting the Board asked for information that would lead them to approve the alternate design, so he presented a conventional ten lot configuration with a 600' long road and asked that the Board find for the alternate design and allow for the back lots as this layout allows for the short common driveways.

Mr. Haight submitted a letter from the Road Agent that stated that the plans had been reviewed but the site was not staked at the time he wrote the letter so more review is necessary.

In response to a question from Mr. Kandt, Mr. Haight explained that the applicant owned the land across the street and subdivided it in the same configuration so this proposal would be keeping everything similar and also would not burden the town with another road. He stated that they could build a road and still have all the same lots but it would not be in keeping with what they have already done.

In response to a question from Mr. Kandt, Mr. Haight stated that all the driveways are 200' or farther apart.

In response to a question from Mr. MacMartin, Mr. Haight stated that there is a driveway across from Rancourt Drive and Mountain Meadow Trail and the others are offset.  

In response to a question from Mr. Condra, Mr. Haight stated that there would still be six driveways if the access was taken off Route 101. Mr. Condra stated that it seems like a lot of driveways.

Mr. Kandt called for public comment on the alternative lot configuration.

Debra Degan, off Rancourt Drive, stated that three houses share the drive across from Rancourt Drive and it is the same case with the drive across from Mountain Meadow Trail. She also noted that currently there are 21 or 22 acres with only three houses on it off of Rancourt Drive and this proposal would add ten homes to a road that only has 15 homes currently.  

Mr. Kandt noted that this consideration does not fall into the rational as to which configuration is better.

Cynthia Keyes, of Mountain Meadow Trail, stated that Gold Smith Road is only .5 miles long, already has nine driveways on it, and is in terrible condition 80% of the time. She stated that this subdivision is just going to add to the chaos and it does not suit the neighborhood.

Mr. Kandt noted that the applicant is representing that the Road Agent has approved the driveways and that in this area only two acre lots are required.

In response to a question from Mrs. Keyes, Mr. Fish explained that the Board of Selectman will decide whether the current road will have to be upgraded.

In response to a concern expressed by Mr. Keyes, Mr. Kandt explained that the plan will be sent to the Town Engineer who will evaluate items like run off issues and the application will need to go to Board of Selectman for an offsite improvements determination.

In response to a concern about the driveways from Mrs. Keyes, Mr. Kandt explained that if the driveway and density regulations are being adhered to then there is not a lot the Board can do about it.

Mr. MacMartin noted that the Board of Selectman will evaluate the current use, proposed use, and possible traffic issues and then they will decide on the appropriate fees due which they will then have six years to use these funds on upgrading the road.

Mr. Condra noted that the Selectmen’s meetings are open to the public.

In response to a concern from Mr. Keyes about gravel storage and run off, Mr. Fish stated that he thinks the issue Mr. Keyes is referring to is the result of a specific property and he does not think that there will be the issue of stockpiled material on this property because he does not anticipate any incidental excavation on this site. Mr. Keyes stated that he does not want to stare at stockpiled material and have it wash into his driveway. Mr. Fish stated that the Board feels his concerns and will do the best they can.

In response to a question from Mr. MacMartin, Mr. Haight stated that if grade of the road on the conventional plan is not level the grade is very subtle.

In response to another question from Mr. MacMartin, Mr. Haight stated that there is no wetland crossing and there is just a run off from one wetland to another.

Mr. Haight stated that the road is 600' long and has six to eight feet of change on it or a grade of three or our percent.

After a question from Mr. Kandt, Mr. Faiman stated that the majority of the lots are conventional anyways so two back lots do not make a lot of difference. Mr. MacMartin noted that the back lots reduced the construction disturbance as only the driveways will have to be built which is the same number of drives in either configuration.  

In response to a question from Mr. Keyes, the Board stated that their will be six drives either way.

In response to a question from Ms. Degan, Mr. Kandt stated that the Road Agent will evaluate the required visibility needs.

Mr. MacMartin noted that there is one acre of wetland shared between Lots 4 and 9 and there should be a note on the plan noting that the building will be limited to outside the aquifer area. He also noted that the steep slopes will need to be addressed with a note.  

A MOTION was made by Mr. Faiman and SECONDED by Mr. Fish that the Board find that the proposed configuration better serves the neighborhood than a conventional configuration that would include a separate road as it reduces the intrusion on the neighborhood with regard to construction.

In response to a question from Mrs. Keyes, Mr. Kandt explained that the Board is only voting on allowing the applicant to move forward with the alternative configuration and there will be many more steps before final approval is given.  

Voting: 5 ayes; motion carried with Mr. Condra opposed.

Mr. MacMartin noted that the applicant will need to speak to the Board of Selectmen.

Mr. Kandt noted that the submitted legal documents have been sent to town counsel.  

The Board discussed sending the plans to the Town Engineer and asked that he address drainage from the driveways onto Goldsmith Road and the affect of the proposal on Goldsmith Road.

Mr. Haight noted that the drainage calculations have already been sent to the Town Engineer.

In response to a question from Mr. Zuber, Mr. Haight stated that he could get the former plan for the land across the road be he did not survey this area.

In response to a question from Mr. Keyes, Mr. Kandt explained that Dennis LaBombard is the Town Engineer and that the Board will send plans to him to see whether or not he agrees with the applicants representations. Mr. Kandt also noted that Wilton’s regulations say that no additional flow is allowed.

In response to a question from Mr. Wagner, Mr. Haight stated that he spoke to the Fire Chief and while there is already a proposed fire pond, dry hydrant, and a cistern, the Fire Chief has asked that there be an additional cistern at the highest point of the site, between lots 3, 4, and 5, because of an elevation issue. Mr. Haight noted that the Fire Chief also asked that a stone wall be removed and that they create a turn around area.

Mr. Kandt read a letter from the Fire Chief noting that he would like to have underground utilities. Mr. Haight stated that it is not a problem having underground utilities to the back lots but the rest of the lots already have poles. He also stated that he can add a note to the plan.

The Board scheduled a site walk for October 31^st at 9:00 am and Mr. Kandt noted that the public is invited and they can ask clarifying questions but no testimony will be taken. Mr. Haight noted that the driveways are staked already but he will flag the lots also.

Mr. Kandt called for further public comment and heard none.

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

Voting:  6 ayes; motion carried unanimously.

Mr. Faiman thanked Mr. Haight for providing the aerial photographs.

3.       PB09-018-SD – Dupont & Sweezy Real Estate Trust – An application to subdivide the existing 43 acre Lot D-142, 48 Wilson Road, into two 2+ ace lots and one 37 +/- acre lot plus adjust Lot D-130, 97 Wilson Road, by combining “Parcel A” (.29 Ac.), containing the existing garage, with Lot D-130 to become one lot.

Ms. Tuomala, of Monadnock Survey, appeared before the Board for the applicant, and explained that the applicant would like to take two lots out Lot D-142 along Wilson Road. She explained that when her firm did the survey they discovered a garage that goes with the house across the street. She explained that a variance has been granted. She further noted that the lots are zoned residential/agricultural, and Lot D-142 has a piece in the aquifer protection district but it does not affect the lots that the applicant is proposing removing. She further explained that there are a couple of identified wetlands and a drainage swale that was created several years ago but the lot is not in the 100 year flood zone. Ms. Tuomala stated that she has proposed a driveway location and she has a letter from the Road Agent noting that the second lot will need some tree cutting in order to obtain proper site distance. She also noted that she submitted a letter from the Fire Department and the appropriate document allowing her to speak for the applicants.

Ms. Tuomala stated that she went to the ZBA and received a variance to allow for Parcel A to be part of Lot D- 130 with the conditions that it is not to be its own lot, it is not to be used as a dwelling structure, no new construction is allowed except for the possible reconstruction of the garage and shed on the same foundation, and if the Planning Board does not approve the subdivision the parcel must stay with Lot D-142. 

The Board and Ms. Tuomala reviewed the following requested waivers:

-          6.2.e – locations of existing buildings, septic systems leachfields, wells and well radii within 100 feet of property lines

-          6.2.g – road or driveway intersections within 200 feet of the property

-          6.3.a – a boundary survey for the entire parcel including bearings, distances and locations of permanent markers including with a maximum error of closure of 1 part of 10,000.

-          6.3.d – existing and proposed topography for the entire parcel with contour intervals not to exceed 5 feet.

-          6.3.e – soil boundaries and types as certified by a registered engineer, soil certified scientist or SCS. (for the entire property)

Ms. Tuomala explained that she is asking to waive these items on the overall large lot but she has shown them all on the lots that they are subdividing out.

In response to a question from Mr. MacMartin, Ms. Tuomala stated that a pool, garage, main house, and guest house all still exist on the property and that they are all older than 1940.

Ms. Tuomala noted that she made changes to the plan as requested by Mr. Wagner including adding Note 11 and 12 regarding the waivers and ZBA variance. She also noted that she added the wetlands to Note 6 and an error and omissions note in Note 14. She also noted that she changed Note 7 to reference the current flood plain data.

In response to a question from Ms. Tuomala, Mr. MacMartin asked that the proposed driveway profile be put on the plan, or put a note on the plan to outline the specifications, in order to insure that the driveway gets built correctly.

Mr. Kandt stated that the waiver request and the note are unclear and asked that the lots that the applicant is not looking for waivers on be called out.  

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to grant the requested waivers as they apply to Lot D 142-1 as the remainder portion comprises 38 acres has one dwelling and a guest dwelling on it with accessory structures and the additional information is not needed to access the merits of the proposed subdivision.

Voting: 5 ayes; motion carried unanimously.

In response to a question from Mr. MacMartin, Ms. Tuomala read a letter from the Road Agent.

The Board decided that the plan did not need to be evaluated by the town engineer.

The Board stated that the plan still needs state subdivision approval, the bounds need to be walked, and the power line easement needs to be addressed.

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

In response to a question from Mr. MacMartin, Ms. Tuomala stated that she had received a variance for the setbacks.

Mr. Kandt volunteered to walk the bounds after the site walk already scheduled on October 31^st.

Voting: 5 ayes; motion carried unanimously.

4.       PB09-019-SD- James & Kaye Tyler – An application to provide a lot line adjustment between Lot K-163 & K-164, at 337 Main Street.

Ms. Tuomala appeared before the Board for the applicant and explained that this property is on Main Street just before the Milford town line and next to the monitoring station. She explained that the applicant bought Lot K-164 from Ms. Tyler’s mom, who bought the property in 1946. She stated that Ms. Tyler’s parents then purchased Lot K- 163 in 1965 and the Tyler’s purchased it from Ms. Tyler’s mother in 2004. Ms. Tuomala stated that the Tyler’s own both properties today and they presently live in the house on Lot K-164 but they want to move into the house on Lot K-163, which has three residential and one commercial unit. She stated that Lot K-163 is zoned both residential and commercial and on the back side the railroad is zoned industrial. She stated that Lot K-162 is zoned industrial and across the street is a residential lot. She explained that the applicants put Lot K-164 up for sale and their lawyer asked about lot lines so the applicant hired her firm to survey the property and they determined that the present lot line goes through the house on Lot K-163. Ms. Tuomala stated that she went before the Wilton Conservation Commission because the lot falls within the Shoreline Protection Act but the Commission had no issues with the plan as she is not changing anything on the exterior and just moving the lot line and separating the parking out. She noted that the lots are not within the flood plain but are within the Aquifer Protection District and she read letters from both the Road Agent and Fire Chief stating that they had no issue with the lot line adjustment. She also read the ZBA decision noting that she received both commercial and residential variances for the setbacks although the plan will actually comply with the side setbacks, which it didn’t before, plus she added frontage to Lot K-163 which will bring the frontage up to 100' as required and it still leaves 100' for Lot K-164. Ms. Tuomala noted that Mr. Wagner wanted her to add the waivers and ZBA decision to the plan which she did in Note 10 and 11 and the errors and omissions reference in Note 9. She also revised the 100 year flood plain reference in Note 8 as requested and showed the Shoreline Protection Act and added a reference to the RSA in Note 9. She also stated that the bounds have been set but not walked.  

The Board and Ms. Tuomala reviewed the waivers requested as follows:

-          6.2.e – locations of existing buildings, septic systems leachfields, wells and well radii within 100 feet of property lines

-          6.2.g – road or driveway intersections within 200 feet of the property

-          6.3.d – existing and proposed topography for the entire parcel with contour intervals not to exceed 5 feet.

-          6.3.f – soil boundaries and types as certified by a registered engineer, soil certified scientist or SCS. (for the entire property)

Ms. Tuomala stated that she thinks the waivers are appropriate because this is just a lot line adjustment.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to grant the requested waivers because the information is not required to make the determination and nothing on the ground is being changed that would make the information useful.
Voting: 5 ayes; motion carried unanimously.

Chairman Kandt called for public comment and heard none.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Zuber to accept the application.

Voting: 5 ayes; motion carried unanimously.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Fish to conditionally approve the application contingent on walking the bounds, providing a line drawing for the tax map, and fees being paid.

Voting: 5 ayes; motion carried unanimously

Pre-Applications:

5.      Lincoln Geiger - Four Corners Farm Café

Lincoln Geiger appeared before the Board to speak about Lot 98-1, Four Corners Farm on Abbot Hill and stated that he would like to know if it would be possible to change the use of the downstairs apartment into a café. He stated that that his lot is in the residential agricultural section and most of the clientele would be the clientele they already have as they have 130 families that get food from the farm and he would serve local fresh organic food at the café.

Mr. Faiman left the Board as a voting member at 9:30 p.m.

Mr. MacMartin stated that it sounds like a mixed use situation which can not be done right now but perhaps he could get a use variance from the ZBA.

6.       Bob Bragdon – Home Occupation

Mr. Faiman returned to the Board and Mr. Fish left the Board as a voting member at 9:35 p.m.

Mr. Bragdon stated that he is looking to have a sign and a home occupation for a plumbing and heating storage on a lot off of Intervale Road. Mr. MacMartin stated that he would need to see the ZBA for a special exception and the deadline for a ZBA application is next Tuesday.

7.       Other Business

-          Granite State Concrete Complaint

Jeff Kandt and Matt Fish left the Board as a voting member at 9:40 p.m.

Mr. MacMartin read a letter from Granite State Concrete in response to the Board’s request for blasting records and they provided them even though they do not feel that they have to. Mr. MacMartin suggested sending the letter to Town Counsel and possibly to the state.

Mr. MacMartin and members of the public discussed continual issues they are experiencing.  

Mr. Kandt explained that any operator operating before 1989 is exempt from any local standards and several years ago Granite State Concrete asked for an expansion which means that they would have lost their grandfathered standing but while they are not expanded the town has no jurisdiction.

Jeff Kandt and Matt Fish left the Board as a voting member at  p.m.

8.       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.

Respectfully Submitted,

Heather Loewy Nichols

Click HERE for PDF