Wilton, NH Planning Board

TOWN OF WILTON

PLANNING BOARD MEETING

MINUTES

Approved 11/17/10

DATE:           October 20, 2010

TIME:            7:30 P.M.

PLACE:         Wilton Town Hall Courtroom

PRESENT:    Wilton Planning Board Members: Chairman Jeff Kandt, Alec MacMartin, Walter Zuber, John Shepardson, Alternate Sue Egan, Board of Selectmen Representative Steve McDonough, NRPC representative Steve Wagner and Clerk Heather Loewy Nichols.

The agenda was amended as follows:

1.)                 Minutes

-          September 15, 2010

-          October 6, 2010

2.)                 PB10-013-SA : Jeff Meehan

3.)                 PB10-010-SPR:  Mary Lyn Yonika

4.)                 PB10-014-LLA: Sarah Shanklin

5.)                 Other Business

6.)                 Adjournment

Chairman Kandt opened the meeting at 7:30 p.m.

1.       Minutes:

-          September 15, 2010

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the minutes of September 15, 2010 as written.

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

-          October 6, 2010

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to approve the minutes of October 6, 2010 as written.

Voting: 6 ayes; motion carried unanimously.

Sign Application:

2.       PB10-013-SA- Jeff Meehan – A wood, aluminum and plexiglass affixed sign at 125 Main Street, Lot K-107. 

As the applicant was not present, the Board did not hear this case and will hear it at the November 17, 2010 meeting.

Continuations:

3.       PB10-010-SPR – Mary Lyn Yonika – an application by the owner of Lot J-054, 39 Main Street, to add an exit deck and staircase to the rear of the building.

Don Yonika, husband of the applicant, appeared before the Board for the applicant and explained that the application is to add a minor deck to the rear of the building. He submitted pictures of the back of the building to the Board and explained that the building in question is across the street from the Town Hall, where Beanies used to be. He explained that they were hoping to install the deck so that one can look over the river and because they are altering the exterior of the building they are before the Board for a site plan review. He explained that the deck will be 8 feet wide and 20 feet long which is the same length as the building.

In response to a question from Mr. Kandt, Mr. Yonika stated that the porch will be built out of pressure treated lumber with gaps to meet code and allow for drainage.

In response to a question from Mr. MacMartin, Mr. Yonika explained that the porch will be built to walk out level and noted that it looks as if there used to be some kind of structure there before.

Mr. Shepardson stated that he has been out to the site many times for inspections of other work and he sees the proposal as an improvement.

In response to a question from Mr. Kandt, Mr. Wagner explained that section 17.e of the ordinance states that non conforming lots cannot be expanded past the existing foot print. He also noted that they found Section 11 in the Shoreline Protection Act which does allow for decks within the setback. Mr. Wagner further noted that there is an invasive species present and the clean up that building the deck will require might be considered an improvement. Lastly he noted that the Board may want to consider an infiltration system to catch run off.

In response to a question from Mr. MacMartin, Mr. Yonika stated that they do not know what the anticipated use will be.  Mr. MacMartin noted that one of the requirements of the site plan review is to propose a usage and Mr. Young suggested that the building could be for residential use. In response to a question from Mr. MacMartin, Mr. Yonika stated that there is no parking available on the lot.

Mr. MacMartin, Mr. Yonika, and the Board discussed whether the applicant needed to state a use as Mr. MacMartin stated that it was necessary and Mr. Yonika felt that it was not. Mr. Wagner noted that if the applicant does not declare a use they will not be able to use the property for any use. Mr. MacMartin felt that if the Board approved the site plan without a proposed usage that they would be creating an enforcement issue.

In response to a question from Mr. Kandt, Mr. MacMartin stated that there are items on the checklist that are determined by usage such as traffic, ingress, and egress.

Mr. Yonika noted that he would like to be able to offer the building with the deck to a tenant. 

Mr. MacMartin expressed concerned that if the deck gets put on then the applicant will ask for a waiver for a different usage.

In response to a suggestion from Mr. MacMartin, Mr. Yonika stated that the applicant will not change usage without returning to the Board for approval.

Mr. MacMartin stated that the Board will still need an engineered plan.

The Board discussed whether the applicant will need to go to the ZBA due to set back issues on the side and from the wetlands and possibly the impervious coverage ordinances. The Board Members suggested that the applicant will need a variance from the following ordinances: 11.6, 4.6.7, 7.2.2, 7.2.3, and 17.1.e.

The Board discussed the whether the applicant will need an engineered plan for the deck.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to continue the application to November 17, 2010 and for no more than four months unless the applicant appears before the Board prior.

Voting: 6 ayes; motion carried unanimously. 

New Applications:

4.       PB10-014-LLA – Sarah Shanklin - lot line adjustment between Lots F-106 and F-109, to annex 5.714 acres to lot F-109, located on the east side of Abbott Hill Rd and Southwest side of McGettigan Rd.

Mr. Todd appeared before the Board for the applicant and reviewed the current lot configuration including existing frontage noting that the frontage will not change. He further explained that there is currently a purchase and sale agreement with Mr. Shanklin and noted that the merged lot will contain 12.95 acres and the remainder of Lot F-109 will be 82.14 acres. He stated that Mr. Shanklin has no plans for a subdivision or change of use at this time as his purpose is to make the land qualify as current use and to hold it for future investment purposes.

The Board discussed the waivers the applicant requested.

In response to a question for Mr. Kandt, Mr. MacMartin stated that the proposed lot line adjustment makes the lot more conforming.

Mr. Todd noted that Mr. Wagner suggested that the pins along the boundary of Lot F-109 be pulled up but his preference is not to do that. Mr. MacMartin stated that he feels that the pins should be left so that the new bounds can be recreated and the Board agreed.

Chairman Kandt called for abutter comment and heard none.

In response to a question from Dick Rockwood, Mr. Todd stated that the proposed configuration will not provide for 200 feet of frontage but the frontage would not change.

In response to a question from Mr. Rockwood, Mr. Shanklin explained that the proposed configuration would allow for him to have enough acreage to put some of the lot into current use.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Shepardson to approve the waivers the following waivers:

6.3.a – boundary survey for the entire parcel

6.3.c – wet and dry areas of proposed lots

6.3.d – existing and proposed topography for entire parcel

6.3.f – soil boundaries and types

6.3.g – high intensity soil survey

6.3.h – locations of all water bodies, watercourses, wetlands, rock/ledge outcrops or other significant natural features

6.3.o – locations of soil test pits accompanied by test pit and percolation test pit data

Voting: 6 ayes; motion carried unanimously.

A MOTION was made by Mr. MacMartin and SECONDED by Mr. Zuber to accept the plan.

Voting: 6 ayes; motion carried unanimously.

A MOTON was made by Mr. MacMartin and SECONDED by Mr. Zuber to conditionally approve the application subject to confirmation of the bounds, and receipt of a mylar, fees, and electronic submission.

Voting: 6 ayes; motion carried unanimously.

Mr. Zuber volunteered to walk the bounds.

5.       Other Business

-          First Light Pre-construction Meeting

Chairman Kandt noted that Mr. Sienkiewicz asked that the Board continue the First Light pre-construction meeting conversation to the following meeting noting that there are still two issues outstanding.

-          Signs

Mr. McDonough reviewed recent sign activity in town.  

-          Impact Fee

Chairman Kandt stated that Ms. Tuomala is working on getting all the impact fee information out, she has a new CIP form for the department heads, and she is working on the changes to Stormwater regulation proposal.

6.       Adjournment

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

Voting: 6 ayes; motion carried unanimously.

Chairman Kandt declared the meeting adjourned at 9:30 p.m.

Respectfully Submitted,

Heather Loewy Nichols

Recording Secretary

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