Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

DRAFT MINUTES

DATE:            June 16, 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, Alternate Sue Egan, Board of Selectman representative Steve McDonough, and Clerk Heather Loewy Nichols.

1.      Minutes:

-         May 19, 2010

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Kandt to approve the proposed amendment to the minutes of May 19, 2010 as follows:

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. **see #13 below for further action**

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. 

The Board discussed with the applicant removing the sign from the site plan so that the site plan could be approved while allowing for the deferring of the sign application.

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 site plan application.

Voting: 7 ayes; motion carried unanimously.

 Voting: 7 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the minutes of May 19, 2010 as amended.

Voting: 7 ayes; motion carried unanimously.

-         June 2, 2010

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the minutes of June 2, 2010 as amended.

Voting: 5 ayes; motion carried with Matt Fish and Steve McDonough abstaining.

Sign Application:

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

Walter Zuber and Steve McDonough came off the Board and Sue Egan came on the Board for Walter Zuber at 7:50 p.m.

Mr. Sienkiewicz resubmitted his original site plan with the sign in the same place as last month and submitted pictures noting how far off the driven road the proposed sign is. He stated that no one knows but the sign location is probably in the right of way and if the sign is taken out of the right of way it would be difficult to see coming down the road. He stated that he feels that it is a significant policy decision to not allow him to put his sign in the right of way and he would rather the issue be a considered policy decision and not based on his application.

Mr. MacMartin stated that he spoke to Town Counsel and he said that no one has the right to put a sign in the right of way. Mr. MacMartin stated that it is not a policy decision; it is the law.

Mr. Faiman stated that he was recently reading a road law book and found the same statement that no sign shall be placed in a roadway and he noted that there is a special rule to allow mailboxes to be placed in post roads.

Mr. MacMartin showed the applicant another location that he thought would work and stated that he does not think that the Board has the authority to approve it.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to deny the application for the reason that the sign is located in the public right of way.

Mr. Kandt questioned whether the Board should obtain a written opinion from Town Counsel prior to making a decision.

Mr. Fish feels the hardship the applicant is experience but also acknowledged that the law is the law and stated that he will therefore abstain from the vote.

After discussion, the MOTION was WITHDRAWN.

The Board asked the Clerk to seek a written opinion from Town Counsel.

A MOTION was made by Mr. Shepardson and SECONDED by Mr. MacMartin to continue the application.

Voting: 6 ayes; motion carried unanimously.

Sue Egan stepped off the Board and Walter Zuber and Steve McDonough stepped back on the Board as voting members at 8:10 p.m.

Continuations:

3.     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.

Ms. McKay appeared before the Board, stated that her engineer just found out about the Town Engineer’s report today so he did not have time to respond, and asked for a continuance.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. McDonough to continue the application to July 21, 2010.

Voting: 7 ayes; motion carried unanimously.

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

Alec MacMartin left the Board and Sue Egan stepped on the Board in his place as a voting member at 8:10 p.m.

Mr. Fish stated that he met with Leighton White recently and there has been minimal activity at his site on Route 31S, perhaps 10 to15 loads have been removed over the last year. He stated that everything looked fine including the sedimentation control and all other items on their site plan. He recommended that the Board renew his excavation permit.  

In response to a question from Mr. Kandt, Mr. Fish noted that there is a bond on file that is in force until May 11, 2011.  

A MOTION was made by Mr. Fish and SECONDED by Mr. McDonough to renew the excavation permit for Lot E-017.

Voting: 7 ayes; motion carried unanimously.

Alec MacMartin returned to the Board and Sue Egan stepped off the Board as voting Members at 8:15 p.m.

5.     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.

Walter Zuber stepped off the Board and Sue Egan stepped on the Board in his place as voting Members at 8:15 p.m.

Mr. Geiger reviewed the list of documents he submitted noting that a letter from the Fire Chief is still pending.  

Mr. Kandt read the ZBA decision and noted that the documents also included a written request to waive Section 9.8.2 regarding the parking lot landscaping requirement. Mr. Kandt read a Sanford Engineering stating that with paper service the proposed café can seat 15 and with china service they can seat 7 as both add up to 900 gallons septic system use.  He also noted that the Road Agent did not send in a letter but rather notated that he was ok with the proposal on a copy of the site plan. Mr. Kandt heard no objection from the Board regarding the lack of a letter.

In response to a question from Mr. MacMartin, Mr. Geiger stated that he decided to move the parking.

Mr. MacMartin suggested that the applicant show the current landscaping on the plan rather than get a waiver from the Board as he thinks the current landscaping is nice.

The Board and the applicant discussed possible lighting issues and the possibility of needing lighting for the winter. Mr. MacMartin suggested putting any lighting on the plan now so that the applicant does not need to come back in the future.

Mr. MacMartin suggested adding “full cut off light” to Note 5 and that the applicant show the existing landscaping.  

In response to a question from Mr. McDonough, Mr. Geiger stated that they do not want a dumpster rather they will store trash in the garage and bring it to the transfer station. He noted that they do not throw away food scraps; they go into the compost or the manure pile.

In response to a question from Mr. Kandt, Mr. Geiger stated that the rest rooms will be open to the customers.

The Board discussed that Building Code requirements may require changed to the plan and suggested that the applicant meet with the Building Inspector prior to submitting the final plan.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Faiman to continue the application to July 21, 2010.

Voting: 7 ayes; motion carried unanimously.

Walter Zuber returned to the Board and Sue Egan stepped off the Board as voting members at 8:40 p.m.

New Applications:

6.      PB10-008-LLA- Peter and Barbara Sarantos- An application by owners Peter and Barbara Sarantaos for a Lot Line Adjustment to remove 2.17 acres from Lot A-31-1and include the land in Lot A-31. (Tighe Farm Road and Stiles Farm Road)

Alec MacMartin and Matt Fish stepped off and Sue Egan stepped on the Board in place of Matt Fish as voting members.

Art Sisliano, land surveyor, appeared before the Board for the applicant and explained that this application is for a lot line adjustment between two properties that are owned by the applicant. He explained that the lots are A-031 and A-031-1, located on Tighe Farm Road and Stiles Farm Road. He explained that the lots are in the Residential/Agricultural and Watershed District and they are proposing to move 2.71 acres from Lot A-031-1 to A-031. He noted that there are existing houses on both lots that are serviced by onsite sewage and wells. He also noted that the lot corners have been set but that he needs to change “a” to “c” on the Plan in the “purpose of the lot” area.

In response to a question from Mr. McDonough, Mr. Sisliano explained that the applicants want to sell Lot A-031-1 and they would like to keep and protect the pond.

A MOITON was made by Mr. Shepardson and SECONDED by Mr. Faiman to accept the application.

Voting: 7 ayes; motion carried unanimously.

Mr. Zuber volunteered to walk the bounds.

A MOTION was made by Mr. Zuber and SECONDED by Mr. Shepardson to conditionaly approve the application subject to the bounds being verified, fees being received, electronic submission being recieved, and the purpose on the plan being corrected.

Voting: 6 ayes; motion carried unanimously.

Matt Fish and Alec MacMartin returned and Sue Egan stepped off the Board at 8:50 p.m.

7.      Other Business

-         Lot K–58, 36 Crescent Street – Tony Lynch

Alec MacMartin stepped off and Sue Egan stepped on the Board as a voting Member.

Tony Lynch, of 11 Tremont Street, appeared before the Board and explained that he walked down
to 36 Crescent Street and noted that there is not a lot of landscaping left. He stated that he has been to the Board of Selectmen and was told to come before the Zoning Board. He further explained that he is concerned about the condition of the open space and noted that in 2002 the ZBA took a lot of care to confirm the landscaping and open space on the lot.

After reviewing the ZBA records Mr. Faiman noted that it seemed as if the Zoning Board was trying to preserve as much open space as possible.

Mr. McDonough stated that he think the town needs to research if there were building permits for what looks like an additional on the building that showed in the pictures Mr. Lynch submitted.  

A MOTION was made by Mr. Shepardson and SECONDED by Mr. Faiman to recommend to the Selectmen that the possibility of a non compliance with a ZBA decision be investigated on Lot K-058 specifically the open space referenced in the ZBA minutes and depicted in the PB approved site plan appears to no longer be open and in addition the building footprint appears to be modified from that depicted on the site plan.

Voting: 7 ayes; motion carried unanimously.

Mr. MacMartin returned to the Board as a voting member at 9:20 p.m.

-         Riverwalk – Dawn Tuomala

Ms. Tuomala presented a letter to the Board from the applicant regarding active and substantial completion. After discussion the Board stated that they would not be the determining body as to what is active and substantial.

-         Cell tower

Mr. Faiman stated that there is a balloon test this Saturday for the Cell Tower case that is currently on the ZBA docket, or next Saturday if the weather this Saturday is bad, at 303 Curtis Farm Road. He stated that Planning Board members might want to observe it.

-         Impact fees

The Board discussed the current revision of the Impact Fee contract.

-         Putnam Hill Dam

Mr. McDonough stated that the dam on Putnam Hill Road has gone to engineering to see the cost of breaching the dam. He stated that breaching the dam would be cheaper than repairing it but noted that this does not necessarily mean removing the dam; it could mean removing sections or the dam. He noted that whatever options come to the Board of Selectmen will to go to the town through a warrant article. He noted that the engineers did not feel that the water quality is good enough to be worth saving the water for drinking water.

8.      Adjournment

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

Voting: 7 ayes; motion carried unanimously.

Respectfully Submitted by,

Heather Loewy Nichols

Click HERE for PDF