Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD PUBLIC HEARING

MINUTES

Approved 2/17/10

DATE:            January 27, 2010

TIME: 7:00 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:     Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, Walter Zuber, Jon Shepardson, Matt Fish, and Clerk Heather Loewy Nichols.

1.     AMEND Residential, Residence and Agricultural, Commercial, Industrial, Research and Office Park, Gravel Excavation, Watershed, and Personal Wireless Services Facilities sections; to correct and/or clarify district boundary descriptions in sections 5.0.1, 7.0.1, and 8.0.1 for accuracy and for zoning map updating; and to add section 6.0.1 to add a description of the district location; and to amend sections 5, 7, 8, 9a, 9b, 14, 15 to clarify that the zone descriptions in the ordinance take precedence over the map.

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Chairman Kandt explained that the Board reviewed the tax maps and descriptions and changed the descriptions for the ambiguous sections, such as “portions of” statements. He also noted that the Board took one lot that was in the residential and commercial district and left it in the commercial district only. He also explained wording was changed so that it is clear that the descriptions take precedence over the map where there is a conflict.

In response to a question from a member of the public, Mr. Kandt explained that if their lot is not specifically called out then it is in the residential agricultural district. 

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to submit Amendment 1, as written, to the voters at town meeting.

Chairman Kandt called for further comment or discussion and heard none.

Voting: 6 ayes; motion carried unanimously.

2.     AMEND Commercial District Permitted Uses section 7.1 to add Houses of Worship, schools, and medical facilities as permitted uses in the commercial district.

Mr. Faiman explained that the motivation for this change is that Town Counsel noted a court case recently where a town’s ordinance that did not list churches as a permitted used in any district was found to be unconstitutional. He explained that historically Wilton has allowed churches by special exception in the residential district so it seemed logical to allow them in the commercial district. He also noted that the Board added the other types of establishments that are allowed in the residential district by special exception. 

Chairman Kandt called for public comment and heard none.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to submit Amendment 2, as written, to the voters at town meeting.

Voting: 6 ayes; motion carried unanimously.

3.     ADD a new chapter 15A.0, Small Wind Energy Systems Ordinance; to permit and regulate small wind energy systems.

Chairman Kandt explained that there is a new state law that says that the general restrictions on height do not apply to wind energy systems and it includes default language about how small energy systems are handled in the absence of any ordinance from the town.

Mr. MacMartin explained that this proposed amendment takes the state proposed ordinance and incorporates some minor changes, specifically that the noise level not exceed 55 decibels, rather than the proposed 65 decibels, and the blades be earth tones. He also noted that the model ordinance leaves the site plan review up to the Building Inspector and this proposal brings that responsibility back to the Planning Board but leaves the Building Inspector to enforce the ordinance.

Mr. Faiman noted that the proposal requires a special exception in all districts except for the residential agricultural district.

Mr. Kandt noted that this ordinance applies to wind energy systems of 100 KWH or less per site.

In response to a question from the public, Mr. MacMartin explained that the FAA requires lighting on towers over 200' but with this ordinance they would remain at less than 100'.

In response to a question from Ms. Tuomala, Mr. MacMartin explained that it was not mandatory to connect the energy systems to the power grid, but there is a provision for it.

Mr. Shepardson noted that the Board may want to consider changing the color requirements at some point because there has been research showing that the big wind systems are experiencing less bird strikes if they are painted different colors.

In response to a question from Ms. Tuomala, Mr. Kandt stated that even if the land tract that the generator is on is large enough that if it fell it would not harm anyone else’s property, the bond requirement could not be waived without a variance from the Zoning Board. 

Mr. Fish noted that he would want to make sure there is a way to have the system removed if it is abandoned, regardless of whether it was visible to abutting properties. 

Ms. Tuomala noted that she has an issue with having to have a bond in force permanently.

In response to a question from a member of the public, Mr. Kandt explained that the Board will have the applicant get an estimate for the removal of the system in order to determine the bond amount, as is the process currently with cell towers.

The Board noted a typographical error in section 5.5.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Fish to submit Amendment 3, as amended, to the voters at town meeting.

Voting: 6 ayes; motion carried unanimously.

Chairman Kandt closed the meeting at 7:25 p.m.

Respectfully Submitted,

Heather Loewy Nichols

Clerk

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