Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

DRAFT MINUTES

DATE:           November 18, 2009

TIME:            7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:    Wilton Planning Board Members: Chairman Jeff Kandt, Neil Faiman, Alec MacMartin, Neil Faiman, 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

-          September 16, 2009

-          October 21, 2009

-          October 31, 2009

-          November 4, 2009

2.)                 PB09-017-SD – Roger Clapp

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

4.)                 Pre-Application: Jason Nero

5.)                 Pre-Application: Lincoln Geiger

6.)                 Other Business

7.)                 Adjournment

Chairman Kandt opened the meeting at 7:35 p.m. Chairman Kandt appointed John Shepardson to the Board in Brian Sullivan’s seat.

1.       Minutes:

-          September 16, 2009

The Board decided to table this item until the December 2^nd meeting.

-          October 21, 2009

A MOTION was made by Mr. MacMartin and SECONED by Mr. Fish to approve the minutes of October 21, 2009 as amended.

Voting: 5 aye; motion carried with Mr. Shepardson abstaining.

-          October 31, 2009 – site walk

A MOTION was made by Mr. Condra and SECONDED by Mr. Shepardson to approve the minutes of October 31, 2009 as written.

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

-          November 4, 2009

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Shepardson to approve the minutes of November 4, 2009 as amended.

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

Continuations:

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 for the applicant and explained that since the last meeting a site walk has been held and he has met with the Board of Selectmen twice to talk about offsite improvements and another meeting is scheduled for the December 16^th. He stated that he received letters of approval from the DPW, the Fire Department, and Town Counsel. He has updated Note 15 and 19, and added Note 22. He explained that Note 15 now includes language stating that no building, access, or development can occur within the steep portion of the site and Note 19 now includes language stating that any bonds will be updated at the preconstruction meeting. He further explained that Note 22 includes the specifics about the fire protection being installed and notes that before the fourth Certificate of Occupancy is issued the cistern will be accepted for operation by the Wilton Fire Department.

Mr. Kandt questioned what would happen if an owner builds in the back of the lot and then decides to put overhead lines where the Fire Chief does not want them.

In response to a question from Mr. MacMartin, Mr. Haight stated that the farthest line PSNH will run without a pole is 300 feet.

Mr. Kandt questioned whether the Board should specify how far away from the shared driveway the line has to be so as not to be able to fall across the road and prevent emergency access.

In response to a question from Mr. MacMartin, Mr. Haight stated that the easement for the common drive for lots three, four, and five is 100' deep and for lots eight, nine, and ten it is 125' deep.

Mr. Haight suggested that a restriction could be placed on the plan stating that any lines running from Goldsmith Road can not be longer than 200'.

Mr. MacMartin suggested that the restriction could say that no poles are allowed within “x” number of feet from Goldsmith Road and if the line is longer it will be placed underground. He stated that 200' is probably reasonable.

Mr. MacMartin asked Mr. Haight to put a line on the sheet that is being recorded of the steep slope boundary and note that no construction should occur behind the line.

Mr. Kandt read a letter from Town Counsel regarding the Declaration of Easements he reviewed.

Mr. Haight noted that they still need to create a document for the cistern and that he will forward this document to Town Counsel.

In response to a question from the Board, Mr. Haight stated that there will be three 10,000 gallon tanks and the vendor will install them and guarantee them for no leaks.

In response to a question from Mr. MacMartin, Mr. Haight stated that he did not know how long the warranty on the cistern is but he will find out.

The Board and Mr. Haight discussed the construction of the cistern.

The Board and Mr. Haight reviewed the outstanding issues and noted that they include, note changes, finalizing the offsite improvement agreement, adding the steep slope line, correcting the designation on Lot C-098, and the addition of a note regarding the restriction of poles more then 200' from Goldsmith Road.

Mr. MacMartin requested that Mr. Haight place an explanation in the legend stating that no disturbance is allowed south of the steep slope line.

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

Voting: 6 ayes; motion carried unanimously.

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 appeared before the Board for the applicant and explained that last month the plan still needed state subdivision approval and it has since been approved and the approval number has been added to Note 10. She also noted that the bounds were walked on October 31^st and the driveway profile cross section has been placed on Sheet 2. She also noted that she added Note 9 on the first page regarding driveway construction. She explained that there is a power line that runs through the middle of the lot and she has added Note 17 stating that the line shall be relocated to provide services to D-142-2 solely.

In response to a question from Mr. Kandt, Ms. Tuomala stated that the trees that will need to be cleared for site line proposed will not be on the adjacent properties. Mr. MacMartin noted that the site distance line is south of the stone wall.

Ms. Tuomala explained that she revised Note 12 to be clearer and now noted that the granted waivers are for the remainder lot D-142-1 only. She also stated that she added Note 15 regarding closing the existing bar way and Note 16 stating that the bar way on Parcel A shall be gated and used only for maintenance purposes.

Mr. MacMartin asked that the Note 15 state that the existing bar way on Lot 142-2 shall be closed and after such closure no access is permitted to Wilson Road.

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

Voting: 6 ayes; motion carried unanimously.

Pre-Applications:

4.       Jason Nero

Jason Nero appeared before the Board and explained that he is working for someone who would like to put up a detached 52' by 26' three car garage. He explained that the lot owner would like to possibly finish off the living space with a bathroom, and then at a later date, maybe a kitchenette.

Mr. MacMartin explained that the structure has to be attached and if it’s going to be detached then the owner will need to go to the ZBA. He stated that if there was a breezeway from the house to the garage then the garage could be considered attached.

Mr. Condra explained that town ordinance only allows for one dwelling structure on each site and the owner would have to go to the ZBA.

Mr. MacMartin suggested placing the garage on the adjacent lot the owner also owns.

5.       Lincoln Geiger

Lincoln Geiger appeared before the Board and explained that the Four Corners Farm presently has an apartment for their seasonal help and he would like to change one of the out buildings to a housing unit that will accommodate the workers in a better way. He explained that there is already a duplex onsite and the farm is rented to the farmers. He stated that he would like to change the heifer barn to living quarters.

Discussion ensued as to whether the proposed would constitute dwelling units or lodging units.

The Board suggested that the application go to the building inspector and then possibly to the ZBA for either an appeal of the administrative decision or a variance.

Mr. MacMartin stated that the applicant would need to go to the Planning Board for a site plan review.

The Board decided that the applicant would not be able to get approval from the Planning Board for a detached dwelling.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Fish to render an opinion that the additional dwelling unit that Mr. Geiger is seeking approval for is not permitted under the zoning ordinance and the Board would be required to deny any Site Plan Review application.

Voting: 5 ayes; motion carried with Mr. Faiman abstaining.

6.       Other Business

The Board discussed a revised application Ms. Tuomala proposed. Mr. Wagner noted that for ordinances the public hearing needs to be held by the last week of January and the first hearing requires notice 10 days prior and any subsequent hearing requires notice 14 days prior to the hearing.  

Mr. Kandt NOMINATED John Shepardson to take Brian Sullivan’s seat on the Board. Mr. MacMartin SECONDED the nomination.

Voting: 6 ayes; motion carried with Mr. Shepardson abstaining.

7.       Adjournment

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

Voting: 6 ayes; motion carried unanimously.

Chairman Kandt declared the meeting adjourned at 10:00 p.m.

Respectfully Submitted,

Heather Loewy Nichols

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