Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

DRAFT MINUTES

DATE:            May 19, 2010

TIME: 7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:     Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Neil Faiman, John Shepardson, Walter Zuber, Matt Fish (arrived at 8:20 p.m.), Alternate Sue Egan, Board of Selectman representative Steve McDonough, and Clerk Heather Loewy Nichols.

7:30 Proposed Building Code Changes Public Hearing

Chairman Kandt opened the public hearing at 7:35 p.m. and explained that usually ordinance changes have to go to town meeting but in this case there is a revision that changes can be made through a public hearing. He further explained that the only change being proposed is to the reference to the building codes which will be changed from 2006 to 2009 in six places. He stated that nothing else is changing and the town is required to stay up to date with the same codes as the state.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Shepardson to approve the changes as proposed.

Chairman Kandt called for public comment and heard none.

Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to close the public hearing.

Voting: 7 ayes; motion carried unanimously.

Chairman Kandt declared the public hearing closed at 7:37 p.m.

Regular Meeting

Chairman Kandt opened the public hearing at 7:38 p.m. and appointed Sue Eagan to sit as a voting member of the Board for Matt Fish.

1.      Minutes:

-         April 21, 2010

A MOTION was made by Mr. Zuber and SECONDED by Mr. McDonough to approve the minutes of April 21, 2010 as amended.

Voting: 7 ayes; motion carried unanimously.

-         May 5, 2010

A MOTION was made by Mr. Zuber and SECONDED by Mr. McDonough to approve the minutes of May 5, 2010 as amended.

Voting: 7 ayes; motion carried unanimously.

Pre-Application:

2.      Wilton Water Commissioners – pump station addition

The Board decided to discuss this issue at the end of the meeting.

Sign Application:

3.      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.

Deborah Diffley appeared before the Board and explained that she found one stone bound that she used to measure the distance of the sign from the lot line and found it to be 15' 10" away.

In response to a question from Mr. Kandt, Ms. Diffley explained that she drew a straight line from the stone bound and then measured from that line.

Mr. MacMartin stated that the ordinance requires a 15' setback.

Mr. Kandt stated that the Board could approve a sign that is on a person’s property and if it turns out to not be on their property then it is an illegal sign.

In response to a question from the Board, Ms. Diffley stated that the sign is 55' from the center of the road.

Mr. MacMartin stated that he would feel more comfortable if the sign were 65' from the road centerline, without better information.

Mr. Kandt stated that if the plan stated that the sign is 15' from the property line then the Board could approve it.

Mr. MacMartin stated that the plan would need to say how the applicant arrived at the property line and show the property line to be 50' from the center line. He stated that currently when one looks at the plan it looks like there are two stone bonds but they are not there. He suggested that the applicant remove the stone bound on the plan, show the sign at 15' from the property line, and include a note that says that the property line was shown 50' from the center line.

A MOTION was made by Mr. MacMartin, and SECONDED by Mr. Shepardson to continue the application until later in the meeting.

Voting: 7 ayes; motion carried unanimously.

Continuations:

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

Mr. Sienkiewicz presented a revised site plan and stated that he believes it has all the elements that the Board asked for last time. He stated that the first sheet is a detailed site plan, including the hours of operation, a note stating that up to two non family employees will be permitted, special exception number, and a signature block for secretary.

Chairman Kandt noted that Mr. Fish made a site visit but he has not arrived to the meeting yet.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to continue the application to end of meeting.

Voting: 7 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.

Mr. Kandt explained that the plans have been sent to Dennis Labombard, the Board’s Engineer, but the Board was waiting until last week for input from the Water Commissioners and the Conservation Commission so no estimate has been received as of yet.   

In response to a question from Ms. MacKay, Mr. MacMartin stated that the Board would not be willing to waive the additional engineering.

The Clerk read an email from the Wilton Conservation Commission noting concern over maintenance of the rain garden.

The applicant’s engineer stated that maintenance of the rain garden will just require keeping up on the plants.

After discussion, the applicant agreed to provide $500 this evening as an escrow payment with the knowledge that if Mr. LaBombard’s estimate comes in higher the Board will need additional funds.  

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to June 16, 2010.

Voting: 7 ayes; motion carried unanimously.  

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.

Chairman Kandt explained that he was concerned that the Board wanted traffic to be one way all the way around the back of the building but there are no arrows in the back area. He expressed concern that if the area is not clearly marked people will pull out of the slots the wrong way and create two way traffic.

Ms. Tuomala submitted the same plan with highlights as means of explanation and the Board decided they were happy with the changes and that they satisfied the conditions set forth in the conditional approval.

New Applications:

7.     PB10-007-SPR – Lincoln Geiger - An application to change the usage of the apartment at Four Corners Farm from a residence to a café at Lot 98-1, 195 Isaac Frye Highway.

Lincoln Geiger appeared before the Board and explained that he went to the Zoning Board to get a variance but it was filed under the wrong section of Zoning Ordinances so the application needed to be heard at the next meeting. He stated that he came to see if he could start the process with the Planning Board in spite of the issue with the Zoning Board. He explained that this application is to turn the bottom apartment of the house at Four Corners Farm into a café.

Neil Faiman left the Board as a voting member at 8:15 p.m.

Mr. Kandt directed Mr. Geiger to the Site Plan Review section of the regulation and noted that the checklist is very extensive. He instructed Mr. Geiger to go through the list and decide what applies and also to review the appropriate regulations.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to continue the application to June 16, 2010.

Voting: 6 ayes; motion carried unanimously.

Matt Fish arrived at 8:20 p.m. and Ms. Egan stepped off the Board as a voting member.  

8.     PB-EX04 – New Spartan Properties - An application by owner New Spartan Properties to renew Excavation Permits for Tax Map F, Lot 122 and Tax Map M Lot 059 off of Abbot Hill.

Mr. Fish stated that he made a site visit today and reviewed all of the major issues. He stated that no silt fencing is necessary, all the hills are stable, there is no evidence of spills, the detention pond was functioning, and there are no signs of erosion or drainage.

Ms. Tuomala stated that even during the recent big storm the detention pond was functioning properly.

A MOTION was made by Mr. Fish and SECONDED by Mr. MacMartin to renew the excavation permit conditional upon receipt of the required bond.

Voting: 7 ayes; motion carried unanimously.

9.     PB-EX05 – New Spartan Properties - An application by owner New Spartan Properties to renew Excavation Permits for Tax Map F Lot 173 and Tax Map E Lots 022, 023, 017, and 021 off of Route 31 South.

Mr. Fish stated that he also visited this site today and found no issues with anything including the water protection signs and spill protection measures.

A MOTION was made by Mr. Fish and SECONDED by Mr. MacMartin to renew the excavation permit conditional upon receipt of the required bond.

Voting: 7 ayes; motion carried unanimously.

10.  PB-EX03 – Leighton White - An excavation renewal permit submitted by Leighton White for Tax Map E, Lot 017.

Alec MacMartin left the Board as a voting member.

The applicant was not present at the meeting and no site visit had been made. Mr. MacMartin noted that Mr. White was aware that this item was on tonight’s agenda.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Zuber to continue the application to June 16, 2010.

Voting: 6 ayes; motion carried unanimously.

Alec MacMartin returned to the Board as a voting member on 9:00 p.m.

11.   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.

**continued from earlier in the meeting**

The applicant submitted revised plans representing that it is 50' from the center line to the property line and the sign is greater than 15' from the bound.

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

Voting: 7 ayes; motion carried unanimously.

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

Voting: 7 ayes; motion carried unanimously.

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

**continued from earlier in the meeting**

Mr. Fish stated that he visited the site today and looked at sign, parking, dimensions, lighting, and abutters, and everything looked good to him. He further stated that he noticed two parking spots and the office that was 15' by 15'. He also stated that the sign was on the edge of right of way per the specifications and the location was as indicated on the plan. He also stated that he identified the abutters and confirmed that there was no outdoor lighting.

Mr. MacMartin stated that he spoke to Town Counsel and the applicant does not have the right to put the sign in the right of way and the stone wall represents the boundary.

In response to a question from Mr. Fish, Mr. MacMartin stated that the stone wall is the bound and if the sign were on the tree behind the stone wall it would be okay but in front of the wall is not allowed.

Mr. Sienkiewicz stated that it is clear that the sign is out into the right of way as it is over the wall although he noted that it is not a clear wall. He also stated that he would be interested in doing a driving survey of other signs in town. He stated that he would prefer not to move the sign as there are several big oak trees in the right of way which would obscure the vision of the sign.

In response to a question from Mr. Wagner, Mr. Sienkiewicz stated that the sign hangs directly above the mailboxes and the width between the stone walls changes.  

Mr. McDonough stated that the right of way should not move where the stone wall has moved but instead it should be measured off the center line.

Mr. Sienkiewicz stated that it is probably not possible to find a record of where the center line is and Mr. MacMartin noted that the road is not necessarily laid out on the center line.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to approve the application with the condition that the applicant moves the sign to the setback as delineated by the stone wall.

Voting: 7 ayes; motion carried unanimously.

13.  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 reviewed the application for the Board.  

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to re-open the site plan application.

Voting: 7 ayes; motion carried unanimously.

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. Fish and SECONDED by Mr. Faiman to approve the site plan.

Voting: 7 ayes; motion carried unanimously.  

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

Voting: 7 ayes; motion carried unanimously.

14.   Other Business

-         Riverwalk – Dawn Tuomala

Ms. Tuomala explained to the Board that she was questioning whether active and substantial completion had been achieved at the Riverwalk subdivision. She explained that they have rough graded the road and some of the side slopes, and there is some drainage and a detention pond in place. She read a letter that she wrote to the Board noting that the she is asking for Planning Board acknowledgement that “active and substantial development” status has been obtained as described in RSA 674:39, II. She submitted an as built plan to the Board.         

Mr. Faiman stated that it looks like active and substantial clearing has occurred but not improvements.

Discussion ensued as to whether the applicant has completed active and substantial completion or development.

A MOTION was made by Mr. Faiman and SECONDED by Mr. MacMartin that the Board enter a finding, based on the evidence presented, that active and substantial development has begun on the property sufficient to trigger the vesting as described in 674:39:1.

Voting: 7 ayes; motion carried unanimously.

The Board and Ms. Tuomala discussed what items would need to be completed in order to achieve active and substantial completion and the Board suggested that the applicant will need to return to the Board when they think active and substantial completion has occurred.  

-         Wilton Fire Station.

Chairman Kandt noted that the Fire Station was going to come before the Board this evening but there was a question from Mr. Rockwood as to what was appropriate notice. After discussion the Board decided to direct the Board of Selectman to provide notice as they think is appropriate and to hear the issue at the June 2, 2010 meeting.

-         NRPC

Chairman Kandt explained that he has asked the Town Hall to make Steve Wagner the general contact for the Planning Board and he sought approval from the Board for Mr. Wagner to use some of the Planning Budget to give initial consultations of some defined time frame. Mr. Wagner noted that he already does this to some extent. Mr. Kandt heard no objections from the Board.  

Pre- Applications:

15.   Mr. Morgan

Mr. Morgan appeared before the Board and questioned whether it would be possible to have a commercial building downtown that also included an apartment for him to live in. The Board explained that new commercial use would need site plan review and building permits.

16.   Wilton Water Commissioners (part 2) – pump station addition

The Board discussed whether the proposed pump station addition warranted coming before the Board and decided that while it was probably not necessary if the Wilton Water Commissioners wanted to come before the Board they are welcome to do so.

17.   Adjournment

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

Voting: 7 ayes; motion carried unanimously.

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

Respectfully Submitted by,

Heather Loewy Nichols

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