Wilton, NH Planning Board

PLANNING BOARD MEETING

DRAFT MINUTES

DATE:            April 21, 2010

TIME: 7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:     Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, Matt Fish (arrived late), John Shepardson, Walter Zuber, Alternate Sue Egan, Board of Selectman representative Steve McDonough, and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)              Minutes

-        March 17, 2010

2.)              PB09-021-SA - Deborah Diffley – Sign Application

3.)              PB10- 003-SPR – Donald Sienkiewicz  - Home Occupation

4.)              PB10-004-SA- Donald Sienkiewicz – Sign Application

5.)              PB10-005-SPR-William & Nancy McKay  - Erosion Control Plan

6.)              PB10-006-SPR – Devine Flooring  - Site Plan Review

7.)              Pre Application: DJF Properties – J-023, 14 Whiting Hill, multi-family unit

8.)              Other Business

9.)              Adjournment

Chairman Kandt opened the meeting at 7:40 p.m.

1.      Minutes:

-         March 17, 2010

A MOTION was made by Mr. Shepardson and SECONDED by Mr. Zuber to approved the minutes of March 17, 2010 as written.

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

Sign Application:

2.      PB09-021-SA – Deborah Diffley- An application by the owner of White Home Collections, located at 9 Greenville Road, to place a 5' by 10' wood and plastic composite sign on the existing sign post on the property.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to move this item to the end of the agenda.

Voting: 6 ayes motion carried unanimously.

New Applications:

3.     PB10- 003-SPR – Donald Sienkiewicz- An application to allow a home law office at 110 Isaac Frye Hwy, Lot H-066.

Mr. MacMartin noted that Home Occupation applications should go through the Vice Chairman before the meeting.  

Donald Sienkiewicz explained that his house is off of Issac Frye Highway and he has a separate garage, two parking spots in the driveway, a third spot in upper driveway, and a fourth spot in the driveway behind the garage. He explained that the Zoning Board’s special exception states that all parking is to take place in the driveway and noted that he has only had one client pull in at a time. He further noted that he will be having a meeting in the next few weeks with a couple cars in the road for a few hours. He stated his office is located in the sun porch off the house and there is a sign that says “office to the right” to direct people to the separate entrance.  He noted that the office hours will be Monday through Saturday from 9:00 am to 5:00 p.m., he will be practicing law and while he does not currently have a secretary he could get one part time.

Mr. MacMartin noted that the site plan usually shows the whole lot, or the applicant can use a blow up portion of the site plan, and the dimensions of the house should be shown.

In response to a question from Mr. MacMartin, Mr. Sienkiewicz explained that on street parking would be a rare occurrence of maybe twice a year and currently clients come maybe once a week.

Mr. MacMartin noted that either himself or Mr. Fish need to look at the site.  

Mr. Kandt noted that the hours of operation on the plan and number of employees should be noted on the plan.

Mr. Faiman stated that the special exception case number should also be on the plan.

Mr. MacMartin stated that the plan also needs a secretary signature block.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Zuber to continue the application to May 19, 2010.

Voting: 6 ayes; motion carried unanimously. 

4.     PB10-004-SA – Donald Sienkiewicz- An application for a 17” x 28” painted plywood sign at 110 Isaac Frye Hwy, Lot H-066.

Mr. Kandt stated that the application is for an un-illuminated, 17" x 28" or 3.31SF plus .07SF sign made out of painted plywood and affixed 5' above grade. 

In response to a question from Mr. MacMartin, Mr. Sienkiewicz stated that the sign could be in the right of way. 

Mr. MacMartin stated that previously the Board has required that signs be on the applicant’s property.

Mr. Faiman noted that if the sign is moved back it will lose visibility.

Mr. MacMartin stated that there are no other signs around town in the right of way and he does not think the Board should start allowing it now.

Mr. Faiman stated that the sign is right above the mailbox so he does not see how there is an issue as long as it’s above the mailbox.

Mr. MacMartin stated the applicant does not have the right to put the sign in the right of way.

Mr. Shepardson suggested that during the site visit the Board Member could consider the conditions.

In response to a question from Mr. Kandt, Mr. Sienkiewicz stated that the sign is hanging off a tree with chains. 

Mr. MacMartin stated that a sign is a structure and all structures have to be set back from the lot line and he does not think the Board should change that requirement now.

In response to a question from Mr. McDonough, Mr. MacMartin stated that the right of way boundary is the stone wall. 

A MOTION was made by Mr. Faiman and SECONDED by Mr. Zuber to continue the application to May 19, 2010.

Voting:  6 ayes; motion carried unanimously.

5.     PB10-005-SPR-William & Nancy McKay – An application for a site plan review of a proposed erosion plan for a single residential structure with a driveway, well, and septic system in Lot C-043 on Davisville Road.

Tim, from Meridian Land Services, appeared before the Board for the applicant and explained that this application is for Lot C 043 on Davisville Road to build a single family residence with well and leach field on a five acre lot in the agricultural district and water shed overlay. He noted that they are before the Board with an erosion control plan that includes silt fence at the bottom of the slope and a proposed rain garden that extends south to catch any of the runoff from the driveway.  He also noted that the soil is sand and gravel so it accepts the water quite readily.

Tim explained that Mr. Wagner has reviewed the plan and per his advice they have added Note 5 regarding the Residential/Agricultural district.

In response to a question from Mr. Faiman, Tim explained that a rain garden is a mix of gravel and mulch that allows run off to infiltrate into the ground quicker.

In response to a question from Mr. MacMartin, Mr. McKay stated that the edge of the wetland in the 80’s and currently are probably the same. 

Tim stated that the plan shows a 200' difference although he noted that the plan says “approximate” so he is not sure how the footage was determined. 

Matt Fish arrived at the meeting at 8:10 p.m.

Mr. MacMartin stated that he thinks the Water Commissioners and the Conservation Commission should be given the opportunity to review the plan possibly prior to engineer review.

The Board requested that the Clerk send the plans to the Water Commissioners and Conservation Commission to gain comment by May 12^th and then send the plans to the town engineer for review.

Mr. McKay noted that the Conservation Commission has had ample time to review the plan. 

Mr. MacMartin stated that the Water Commissioners have not seen the plan; they have an interest and should be given the opportunity to review the plan.

Ms. McKay stated that they are concerned that this approval will be dragged out till the building permit expires.

In response to a question from Mr. McDonough, Mr. MacMartin stated that this application could be approved in July.

In response to question from Mr. Fish, Tim stated that the heights noted are not above sea level but off an assumed benchmark.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin to continue the application to May 19, 2010 and to send the plan for engineering review after allowing time for comment from the Conservation Commission and the Water Commissioners. 

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

6.     PB10-006-SPR – Devine Flooring – An application to remove 322SF of existing building and construct 1.440SF of warehouse at F-035 on Route 101.

Dawn Tuomala, from Monadnock Survey, appeared before the Board and stated that the intent of the applicant is to remove 322SF of shed and put on 30' x 48', or 1,440SF, warehouse. She further noted that the site is within the commercial district in the front and there is a small section that is within the residential district but they are not affecting that area. She stated that they have the adequate number of parking spaces. She explained that the building was changed from Burseys to Devine flooring since last year and they found that the basement level is not adequate for their needs and they want to have something similar to what they had before. Ms. Tuomala submitted pictures to the Board and noted that they can see how the applicants need more height then they currently have. She also noted that they are proposing leaving just two spaces from the gravel and crushed stone area and loam and seeding the reminder to reduce the amount of impervious area on the site. She noted that they are not changing the impervious area out back so the total impervious coverage is decreased from 71-72% down to 68% and they are entitled to 75%.  Ms. Tuomala further explained that the applicant is asking for a waiver because they want to leave the aisle width at 22'. She also noted that Mr. Wagner wanted specific spaces designated as employee parking.

In response to a question from Mr. Kandt, Ms. Tuomala stated that angle parking not preferable. Ms. Tuomala noted that it is also one way around the back.

In response to a question from Mr. MacMartin, Ms. Tuomala stated that the traffic pattern was created in order to try to control the traffic. She explained that the one side is narrower because of loading dock, but it is infrequently used.

In response to a question from Mr. MacMartin, Ms. Tuomala stated that the new roof will not change the drainage. She noted that when the Burseys application was approved a full site plan was done and since they are not proposing any changes that will affect the drainage they are asking to not have to do the full drainage calculations. She also showed the Board pictures of functional drainage during recent large rain storm noting that there is one section with a hole that needs to be repaired.

Ms. Tuomala stated that she went to the Conservation Commission and they approved of the plan. 

 

In response to a question from Mr. Fish, Ms. Tuomala stated that any tractor trailer coming in from Manchester would have to come out onto Intervale Road.

Ms. Devine explained that they receive about four to six deliveries a day and about half of them are on tractor trailers.

In response to a comment by Mr. Fish, Ms. Tuomala stated that tractors would be turning onto a residential street but that is how it has been.

Mr. Kandt noted that the applicant would not need a waiver if the travel was changed to one way and he has not heard any reason but preference to not be one way.

Mr. MacMartin noted that the applicant could also put a no left turn onto Intervale Road for trucks.

In response to a question from Kandt, Ms. Devine stated most carpet rolls are 12' long and some are 15' long. In Milford the building to building space was only 21' and they were able to maneuver the 15' rolls.

A MOTION as made by Mr. MacMartin and SECONDED by Mr. Faiman to grant the waiver based on the previously prepared calculations and the fact that no significant changes are being proposed.

Voting: 7 ayes; motion carried unanimously.

Mr. MacMartin suggested that that the applicant place signs that say “no general exit” and “commercial vehicles right turn only” at the service entrance.

The Board also suggested that the back traffic pattern be changed to one way and that a sign at the service entrance be placed along with a do not enter sign at the one way exit. 

A MOTION was made by Mr. Fish and SECONDED by Mr. MacMartin to accept the application.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. Fish and SECONDED by Mr. McDonough to conditionally approve the application subject to the completion of the following items:

-        Change the traffic pattern around the back of the building to one way,

-        Add a sign at the service entrance noting “no general exit, commercial vehicles right turn only”

-        Add a Do Not Enter sign.

Voting: 7 ayes; motion carried unanimously.

Pre-applications:

7.     DJF Properties – J-023, 14 Whiting Hill, multi-family unit

John Shepardson stepped off the Board as a voting member.

The applicant appeared before the Board and explained that they were before the Board because DJF Properties met with Zoning Board last week because they purchased 14 Whiting Hill which they were under the impression that, at the time of purchase, it was a five unit property but this is subject to disagreement. They applied for a variance and received a revised variance last week for three units rather than five. He explained that historically the building has had four units but the ZBA granted a variance for three units. He further noted that the applicant is not proposing any changes to the building or rearranging the layout. He also noted that they are not proposing any changes to the parking, landscaping, or lighting other than routine maintenance. He noted that he is here this evening at the request of the ZBA but they would prefer to work with the Building Inspector.

Mr. Kandt noted that the ordinance requires a Site Plan Review for properties with three or more units.

In response to a question from Mr. Kandt, the applicant stated that the property has never been through to Site Plan approval as it historically existed prior to zoning.

Mr. Fish noted that the property just received approval and Mr. MacMartin noted that once one gets a new ZBA approval it restarts the process.

Neil Faiman stepped off the Board as a voting member at 9:05 p.m.

The applicant stated that he does not think a request for five units means there were not three units before.

Mr. Faiman stated that that was not what was represented at the ZBA hearing and questioned why the applicant did not make those claims during the ZBA hearing if they are true.

Mr. MacMartin explained that it does matter how the applicant got the approval but however many units he received permission for will need to come to the Planning Board to memorialize what the applicant has approval to do. He also noted that the Board will need a plan showing parking, dimensions, drainage, and topography.

John Shepardson and Neil Faiman returned to the Board as voting members at 9:20 p.m.

8.      Other Business

Mr. Faiman explained that at the last ZBA meeting Babineau Trust appeared and they had permission from the Board of Selectman to use Putnam Hill Road which is a Class VI road. Mr. Faiman explained the Board of Selectman is allowed to grant that approval but they have to get consultation from the Planning Board and he does not recall the issue ever coming to the Planning Board. Mr. McDonough agreed to investigate the situation with the Board of Selectman.  

9.      Adjournment

A MOTION was made by Mr. Shepardson and SECONDED by Mr. Zuber to adjourn the meeting.

Voting: 7 ayes; motion carried unanimously.

Chairman Kandt declared the meeting adjourned at 9:35 p.m.

Respectfully Submitted,

Heather Loewy Nichols