September 17, 2014 Meeting Minutes

Status: 
Final

TOWN OF WILTON
PLANNING BOARD MEETING
MINUTES
Approved 10/15/14

DATE: September 17, 2014
TIME: 7:30 P.M.
PLACE: Wilton Town Hall Courtroom
PRESENT: Wilton Planning Board Members: Chairman Alec MacMartin, Vice Chairman Jeff Kandt, Matt Fish, Neil Faiman, Sara Spittel, NRPC Representative Jill Longval, and Clerk Heather Loewy Nichols.

The agenda was amended as follows:
1.) Minutes: August 20, 2014
2.) Minutes: September 3, 2014
3.) PB13-007-SPRA: Hilltop Café
4.) PB14-005-SPR: Patrick Gilliam and Pine Hill Waldorf School
5.) PB14-004-DER: Steve and Winona Mayhew
6.) PBEX-01
7.) PBEX-02; PBEX-05
8.) Other Business: PBEX05: Review of Reclamation Process
9.) Other Business: Economic Development Master Plan Chapter
10.) Other Business: Verizon Wireless
11.) Adjournment

Minutes of Previous Meetings
1) August 20, 2014
After review, a MOTION was made by Ms. Spittel and SECONDED by Mr. Fish to approve the minutes of August 20, 2014 as written.
Voting: 1 aye; motion carried with Mr. MacMartin, Mr. Faiman, Ms. Spittel, and Mr. Kandt abstaining.

2) September 3, 2014
After review, a MOTION was made by Ms. Spittel and SECONDED by Mr. Kandt to approve the minutes of September 3, 2014 as amended.
Voting: 4 ayes; motion carried with Mr. Fish abstaining.

Conditionally Approved Applications
3) PB13-007-SPR: Hilltop Cafe Amended Site Plan
Purpose of Plan: Expansion of Hilltop Café: expand kitchen, seating and parking, changes to exterior of building and hours of operation.

Chairman MacMartin asked that the Clerk send a letter to the applicant asking for completion of the outstanding conditions.

A MOTION was made by Mr. Faiman and SECONDED by Ms. Spittel to continue to application to October 15, 2014.
Voting: 5 ayes; motion carried unanimously.

4) PB14-005-SPR: Patrick Gilliam & Pine Hill Waldorf School
Purpose of Plan: To expand the intended use of the existing facility to include children 6 weeks to 5 years of age in full day daycare in addition to the current schooling students who are ages 3 years and up.

Patrick Gilliam appeared before the Board and submitted proposed language for the changes to the notes on the plan as the Board had requested. After review the Board had no objection to the proposed note addendums.

A MOTION was made by Mr. Kandt and SECONDED by Ms. Spittel to continue the application to October 15, 2014.
Voting: 4 ayes; motion carried with Mr. Faiman abstaining.

Continued Applications
5) PB14-004-DER: Steve and Winona Mayhew
Purpose of Plan: to add an additional driveway to access a potential future addition to the existing residence at 91 Brown Road; Lot H-11.

Mr. MacMartin reminded the Board and the public that the applicant would like to add a driveway to the west end of his property for a possible in-law apartment and noted that the Board Members should have looked at the site since the last meeting.

Ms. Spittel questioned why the Board is not asking for a professional survey of the property noting that she does not feel qualified to make an assessment of the drainage without an engineer involved.

Mr. MacMartin noted that Wilton Regulations state that only one driveway is allowed unless otherwise permitted by the Planning Board.

In response to a question from Mr. MacMartin, Mr. Mayhew explained that the plan is to have a 12ꞌ wide gravel driveway with ditching for runoff. He further stated that when he met with Road Agent Steve Elliot they did not discuss adding a culvert; Mr. Mayhew assumed this was because the driveway ends at a high point in the road.

Mr. MacMartin explained that he thinks one of the concerns is that a culvert will need to be added to direct any runoff from the east side of drive to the existing culvert.

Mr. Mayhew stated that his expectation is that he would have a culvert under the driveway.

In response to a question from Mr. Kandt, Mr. Mayhew stated that if the regulation is not waived by the Board then he would have to loop the driveway through the property therefore creating an additional 80 to100 feet.

Mr. Fish expressed concern about setting a significant precedent by waiving the regulation and allowing a second driveway.

Mr. Faiman explained that the regulation can be waived if the applicant is experiencing undue hardship and in his opinion inconvenience does not represent undue hardship.

Mr. MacMartin noted that there are people in town with driveways longer than both the proposed driveways combined so he is not sure this proposal rises to the level of undue hardship.

Ms. Spittel suggested that the applicant could consult with professionals as to an alternative placement for the in-law apartment.

The Board noted that the description of the proposed apartment sounded as if it might be considered a duplex.

In response to a question from an abutter at 109 Brown Road, Mr. MacMartin explained that the proposed driveway would be crossing the right of way which is not owned by the town.

A MOTION was made by Mr. Faiman and SECONDED by Mr. Fish that the Board find that there is no undue hardship that justifies the waiver; specifically this property does not meet the special condition requirement as there are no consequences of this property that distinguish it from other properties in the area, furthermore to the extent that there is a hardship it’s self created in the way the lot was developed.

Ms. Spittel noted that if the applicant receives further evidence that there is a hardship on this site, perhaps an engineer’s review for instance, the Board might reconsider their decision.

Voting: 5 ayes; motion carried unanimously.

Excavation Renewals
6) PBEX01: Quinn Brothers; Lot B-05
Dawn Tuomala appeared before the Board, submitted an Annual Excavation Inspection Report and Bond Continuation Certificate for Lot B-05, and explained that nothing more has been done since last year. She noted that the culvert that passes by the railroad is blocked a bit, possibly by beavers, but the applicant will have equipment there in the next few weeks to repair it. She also noted that Town Counsel has reviewed the bond and ask for dates to be added which has been done and the bond now shows that it expires in August of 2015.

Mr. MacMartin noted the Board will need to hear this review next July before the bond runs out.

A MOTION was made by Ms. Spittel and SECONDED by Mr. Kandt to accept the Annual Inspection Report and Bond Continuation Certificate.
Voting: 5 ayes; motion carried unanimously.

A MOTION was made by Mr. Fish and SECONDED by Mr. Kandt to approve the excavation permit for an additional calendar year.
Voting: 5 ayes; motion carried unanimously.

7) PBEX02: Quinn Brothers; Lots E- 22, 30, 31, 32; PBEX05: Quinn Brothers; Lots F-173, E-22, E-23, E-17, & E-21

Dawn Tuomala appeared before the Board, submitted Annual Excavation Inspection Reports and Bond Continuation Certificates for Lots F-173, E-22, E-23, E-17, and E-21, and also Lots E – 022, 30, 31, and 32. She explained that three detention areas had been silted up and have since been dug out, there was an issue where the south entrance crosses over the brook that has been fixed and works very well, and some chains have been added across the paved drive that goes to the top of the hill per her request. She further noted that the bonds have been reviewed and approved by Town Counsel.

In response to a question from Mr. Kandt, Ms. Tuomala stated that the “materials removed” quantities shown on the plan are six months of materials not a year as they should be. She will email the appropriate numbers to the Board for inclusion in the file.

A MOTION was made by Ms. Spittel and SECONDED by Mr. Kandt to accept the Annual Inspection Reports and Bond Continuation Certificates for PBEX02; Lots E- 22, 30, 31, 32 and PBEX05; Lots F-173, E-22, E-23, E-17, & E-21 and to approve the excavation permits until August 31, 2015.
Voting: 5 ayes; motion carried unanimously.

Other Business
8) PBEX05: Review of reclamation process
Dawn Tuomala appeared before the Board and explained that the Quinn brothers have been working for the last year on reclaiming the upper slope of Lots E-22, F-173, and parts of Lot E-31 and they are ready for hydroseeding. She explained that for the last 10 years the applicant has been working with the water department and Dan Tinkham from Emory and Garrett, consultants for the Water Department, to monitor the water table while producing the final grades and this year the as-builts were submitted, wells and grades were verified, and Mr. Tinkham gave his approval to Area 1. She further explained that she appeared in August before the Water Commissioners and an additional concern was brought up by the Board of Selectmen regarding what was in the hydroseed itself. In response to this concern she supplied the Board of Selectmen with the same packet of information which the Planning Board received earlier in the week via email which explained that there are no chemicals in the hydroseed that will go into the aquifers. Ms. Tuomala stated that she received approval from the Water Commissioners for the hydroseeding with two conditions.

Ms. Tuomala further explained that on September 2nd Dennis Labombard, the town’s engineer reviewed the site and approved it except that he felt that the site needed reverse benches to be added which have been built but cannot be checked by Mr. LaBombard immediately as he is on vacation. She noted that the hydroseeding needs to be done before the end of September and submitted pictures of the benches in hopes of getting approval to proceed without final approval from Mr. Labombard.

Mr. Fish noted that the applicant should make sure that waivers for Section155E:5-1 and 155E:5-b have been given.

In response to a question from the Board, Mr. Quinn noted a small portion of the site has been hydroseeded.

A MOTION was made by Mr. Fish and SECONDED by Ms. Spittel to approve the reclamation plan as presented for “Area 1” consisting of 12.5 acres subject to future review by Dennis Labombard with reference to his letter dated 9/2/14.
Voting: 5 ayes; motion carried unanimously.

9) Economic Development Master Plan Forum Discussion
Ms. Spittel gave Board Members fliers for the October 29th forum to handout to interested parties and Ms. Longval reviewed a proposed agenda for the evening.

10) Verizon Wireless
Mr. MacMartin explained that Verizon Wireless was going to come before the Board with a plan for co-location on an existing tower until they presented him with a statute that showed they were not required to come before the Board. He did note however that the tower is grey and the arrays are white so they will need to be changed to grey.

11) Adjournment
A MOTION was made by Mr. Kandt and SECONDED by Ms. Spittel to adjourn the meeting.
Voting: 5 ayes; motion carried unanimously.

Chairman MacMartin declared the meeting adjourned.

Respectfully Submitted,
Heather Loewy Nichols
Clerk
 

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