Town of Fitzwilliam, NH - Planning Board Minutes 04/06/04

Chairman Silverman opened the meeting at 7:05 p.m. and introduced new Board member Suzanne Gray to the Board, and welcomed her. Selectman Andrew Clukey was present this evening, filling in for Joan Knight, and told the Board that he is not sure which Selectman will be serving on this Board. Selectman Clukey was appointed as a voting member this evening by Chairman Silverman.

7:00 p.m. PUBLIC HEARING for David & Tammy Donlon’s proposed three lot subdivision of land located at 816 NH RT 119 West, Tax Map 10; Lot 16-5 in the Rural District. – Chairman Silverman opened this public hearing at 7:05 p.m. and read the case title aloud. Paul Grasewicz recused from the Board for this application.

Paul explained to the Board that two new lots are proposed out of this parcel with one lot being on the far left side of the parcel, and the other lot being on the right side. The lot to the left will contain 6.3 acres and have 345’ of frontage; the land in the middle is the remaining land of 25 ½ acres, 320’ of frontage and a residence owned by Mr. & Mrs. Donlon, and the third lot to the right would be hammerhead lot containing 7.6 acres of land and having 80’ of frontage. Access to the hammerhead lot is provided through an easement on the Manzi. Paul noted that this access would prevent anything from happening in wetlands. Mr. Donlon added that he had a deeded easement to provide access, utility and maintenance to this land.

Chairman Silverman questioned if the Conservation Commission had walked the site and Carmen Yon noted that they had not been asked to. Carlotta questioned if this property had been subdivided previously and Paul explained that this parcel has not been subdivided. Chairman Silverman asked what was on the property currently and Paul stated that Mr. Donlon’s house is on the property. Paul explained to Suzanne Gray different things shown on the plan, including the 200’ building square that is shown for hammerhead lots. Suzanne questioned access for the lot to the left and Paul explained that the access is between two wetland areas. Mr. Donlon told the Board that he has spoken with the State Department of Transportation and they have said that this would be the last driveway permit they would issue for this plot of land. Additionally, there is currently a 30’ wide gravel driveway to allow Mr. Donlon to access his back land. Chairman Silverman asked the Board if they wanted to conduct a site walk with the Conservation Commission. Suzanne Gray stated that this would be a benefit to her since she has concerns and is learning about wetlands and these other things.

Margo told the Board that she would coordinate this with Jeanne Sable, Secretary for the Conservation Commission. Mr. Donlon asked the Board to notify him as soon as they know the date of the site walk as he has dogs on the property, etc. Mr. Donlon questioned why they needed to conduct a site walk and Chairman Silverman explained that the purpose of this is to view the wetlands and the proposed access. Margo told Mr. Donlon that typically, they are able to schedule and conduct a site walk within a week or so, and she would call him and let him know the date.

7:15 p.m. PUBLIC HEARING for Roy Bros. Oil & Propane for a Site Plan Review Modification to allow one additional 30,000 gallon propane tank at the facility located at 193 NH RT 12 North, Tax Map 15; Lot 28, located in the Light Industrial and Rural Districts. – Chairman Silverman opened this public hearing at 7:18 p.m. and read the case title aloud. Bob Cote from Roy Bros. Oil & Propane was present.

Chairman Silverman asked Mr. Cote to explain what they are proposing to do. Mr. Cote explained that the drastic shortage of propane during the months this past winter is what prompted this, and they have found that additional storage is necessary. Mr. Cote spoke of the aging pipeline from Texas to New York that is being heavily taxed, noting that there was a week this past winter where there was no propane coming into New England. The only alternative to this problem is having the ability to store more product on site.

Mr. Cote told the Board that the additional tank would not increase the flow of trucks going in or out of the property, nor are they planning to put out more gallons of propane than they do now, and the only difference is that they would be to store more product on the property in two vessels. Everything would be done under NFPA59 and the State of New Hampshire Codes, and as far as loading and unloading, nothing will be different than it is now, and the second tank will be piped in tandem with the existing tank.

Paul asked when the original tank was put in to which Mr. Cote said that he believed it was in 2001. Paul clarified that it was put in before the fuel oil storage project. Suzanne asked about the life expectancy of the tanks and Mr. Cote said that he believes it is 80 – 100 years, and explained that the tanks are ¾” thick steel, and he believes that it is on a every five-year basis by the State of New Hampshire that they are pressure tested. Mr. Cote noted that there is more of a chance to have a problem with piping than the tanks. Carlotta questioned the line that would run from one tank to the other and asked if it would be underground. Mr. Cote said that everything would be above ground and he would not run anything underground as it leaves a question as to the viability of the line. They will be piped in tandem and there would be no change at all as to the way this tank is filled or drawn from now, this is just going to be another storage tank in tandem, connected together and they would drain down together.

Chairman Silverman asked if there was any fencing around the storage tanks and Mr. Cote said the fencing is around the area where the product is pumped into the tanks, as well as the area where the product is drawn off, but not the tank itself. Mr. Cote added that when the project is finished, they may erect fencing where the two tanks connect; the actual connections themselves. This would actually be an extension of the chain link fence that is around the loading and the drawing facility now.

Nancy Carney was present on behalf of the Fire Department and she told the Board that the Firewards would be discussing this at their meeting tomorrow night as they need to know where the new tank would go and what they have for a water supply and accessibility to all of the tanks that are there. Mr. Cote noted that the new tank would be within 10’ of the existing tank as allowed by NFPA59. Nancy said that they would be discussing this tomorrow night and they would probably go to the site and walk the area to have a better idea as to how they can preplan to have enough water, maneuver the trucks around and get in the back if they ever need to. Water is a concern for the area. Mr. Cote added that the other thing that he would like them to keep in mind as they look at it is that NFPA strongly pushes anything that contributes to the detriment to vegetation. Chairman Silverman asked Nancy if she would like for the Board to wait to approve this and Nancy said that they would like that and to have the opportunity to view this and with the concern for water, it is important to preplan for this. The Fire Department will get back to the Planning Board at their next meeting about this. Chairman Silverman continued this public hearing to the Board’s next meeting on April 20, 2004. Margo will notify Mr. Cote of the time.

7:30 p.m. PUBLIC HEARING for Mace & Mary Ann Wenniger’s proposed two lot subdivision of land located on Rhododendron Road, Tax Map 13; Lot 05 in the Rural District. – Chairman Silverman opened this public hearing at 7:33 p.m. and read the case title aloud. Carlotta recused herself from the Board. Mr. Richard Drew introduced himself to the Board.

Mr. Drew told the Board that this parcel is about 36 acres and he surveyed 11 acres noting that the rest of the parcel is a recorded plan and there is a covenant in the owners’ deed allowing them to subdivide one lot from this 36 acres. Mr. Drew continued noting that there is a seasonal residence on this property located at the corner of Old Troy Road and Rhododendron Road, and explained that the reason for the waiver request is due to the size of the lot. Paul asked about wetlands and Mr. Drew said that they are concentrated along the road and on the east side of the property. The proposed building area for the new lot to be created is 4-5 acres on the west side which is all upland. Chairman Silverman asked about the remaining 25 acres, and Mr. Drew said that there is a large pond in the northern west corner of the parcel. Mr. Drew added that they are offering 11 acres for the new lot, with 1 acre for the house and the other 10 acres could go into current use.

Paul questioned where the restriction came from and Mr. Drew said that the previous owners really didn’t want to see this land all broken up into many lots. Paul asked if the old survey of 25 acres was recorded, to which Mr. Drew said it was and it also shows the other parcel the applicant purchased at the intersection.

The Board asked to have the wetlands delineated on lot 5-1. Mr. Drew said that the remaining 25 acres are probably at least half wet. Paul asked for something in general to which Mr. Drew said he had. Mr. Drew said that he would use the old plan to show the wetlands and whatever else he could find.

Chairman Silverman stated that this public hearing would be continued at a later date, after the Board conducts a site walk, which cannot be done until the wetlands are delineated. Chairman Silverman noted that if the new plans are done prior to the Boards’ next meeting on April 20, 2004, then they would schedule a site walk at that meeting which would be conducted in time to allow for a continued public hearing on May 4, 2004.

7:45 p.m. PUBLIC HEARING for a Wetlands Application filed by Richard Seppala for a driveway culvert to drain surface water from upslope side of driveway while having no setback from wetlands. This property is located at 241 Richmond Road, Tax Map 28; Lot 16-4 in the Rural and Residential Districts. – At 8:05 p.m. Chairman Silverman opened this public hearing and read the case title aloud. Mr. & Mrs. Seppala and Carl Hagstrom were present.

Mr. Hagstrom provided the Board with a copy of the plan and explained what happened and why they are here. There is upland on the east side of the property which is where the driveway was going to go, out of the wetlands. In the process of building this, Mr. Seppala raised the driveway up so that it would be flatter and straighter down to his house, and it caused an area on the east side that would catch rain water, snow melt, etc., which required putting a culvert in. Putting the culvert in was fine, and he thought that if he continued with the ditch out into the wetlands, it would make a better channel for this to drain out. What triggered this application was when the Inspector went out to inspect the septic design, which was approved, he noticed that the ditch was going out into wetlands. At that time, they put this application together and they are working with Jeff Bolargic at DES.

Paul observed that they are losing about 1,600 sq. ft. and Mr. Hagstrom explained that the wetlands start at the edge and the problem starts where the culvert is with the ditch which is ditched into the wetlands. The culvert is not the problem, the ditch is. As soon as they saw that they called Jeff at DES, as they would not fill that back in, and this plan represents what he recommended they do. Paul asked if there is a net loss of wetlands. Mr. Hagstrom said that what is impacting the wetland is the ditch that is approximately 5’ wide and 40’ long. The ditch is the disturbed area.

Carlotta asked what the proposed solution is and Mr. Hagstrom said that the proposed solution would be to let it work its way back, and they are working with Jeff right now and he may want to make the ditch a little wider with a more shallow slope. Paul asked if the culvert was put in at the wrong elevation and Mr. Hagstrom said that the culvert was put in alright, the ditch was made too long. Paul asked about putting the wetland back to the way it was. Mr. Hagstrom said that if they pull the ditch back it should still drain. The purpose of the ditch was so that the water didn’t come out of the culvert and just plop down. Mr. Hagstrom said that it is one of those things that someone had an idea thinking that it would make things better and they didn’t know that they needed a wetlands permit, which they now know, and it ended up making things worse, so they are now trying to make the best of the situation, which is why they are working with the wetlands people in Concord.

Suzanne asked if the driveway itself goes through wetlands and Mr. Hagstrom said that it does not. Suzanne noted that there are wetlands on the side that are draining underneath and Mr. Hagstrom explained that if you have a slope going down and you put a raised driveway in, it acts as a dam, so any rain event or snow melt off in the Spring, you need to let that water out so that it doesn’t pond. Mr. Hagstrom noted again that the culvert is not the problem; it is the ditch after the culvert.

Chairman Silverman took the Conservation Commission’s report regarding the site walk that was conducted out of the file, as well as some photos taken. Mr. Hagstrom also provided the Board with some photos to look at. Carmen Yon, member of the Conservation Commission was present at the meeting and told the Board that he was not present at the site walk but he has talked to the other members about this and their observation was that what they call wetlands, is now on both sides of the driveway. Paul read aloud the Conservation Commission information on the Wetlands Application provided as a result of the February 19, 2004 site walk. Chairman Silverman asked what happened to the soil that came out of the ditch ND Mr. Hagstrom said that it is on the side of the ditch. Mr. Hagstrom said that basically, the excavator operator thought that he was doing a good job, not realizing that he needed a permit to be in a wetland.

Selectman Clukey asked what the State says about how this should be handled. Mr. Hagstrom said that he is working with Jeff Bolargic who has been out once and planned to come out again after the snow was gone, and he thinks that Mr. Bolargic is looking at making shallower edges on the ditch and then seed it to prevent erosion. Mr. Hagstrom added that he doesn’t think that Mr. Bolargic would want them to touch any of the root systems that are there, as they would want that vegetation to come back up. Mr. Hagstrom noted that this started as a logging site with the skidder, and then the excavator just went ahead in thinking it was a low spot when it was really a wet spot.

Erin Doherty, resident of 235 Richmond Road, told the Board that she lives next door to this property, and she just wants to make sure that whatever is done does not affect her septic system which is on the upland side of this site. Suzanne Gray asked if the left side of the driveway was disturbed and Mr. Hagstrom said only as the banks of the driveway would be, and added that he estimates that the neighbor’s septic system is about 50’ away.

Mr. Stanley Sherman, who lives behind this property stated that his concern is with all of the clearing that was done up to his property line with the exception of ten or fifteen trees. He is concerned with the sloping of this wetland as there is going to be more runoff due to the lack of trees. Mr. Sherman asked if there had been a study done as to what the impact would be to the wetlands as well as his property and all of the other properties down through and along Angier Road and Richmond Road. Chairman Silverman explained that this is the first that the Town has officially heard of this wetlands project, and they have had no control over or input, as to what has preceded before this. Mr. Sherman said that they could end up with a big swamp between Angier Road and Richmond Road. Paul Grasewicz explained that if this had been a subdivision, the Board would have some control to ask the applicant to address certain things that are relevant, but this is only a wetlands application, and they have jurisdiction over alterations to land within 75’ of wetlands. Paul added that anyone who alters more than 1 acre has to file a Notice of Intent for a General Stormwater Discharge Permit with the EPA, and they have to have a plan in place and on the site, per Federal Government requirements.

The Board discussed possible action they could take which could be issuing conditional use approval, referring this to the Zoning Board of Adjustment or denying this. Paul referred the Board to Section 127-16.1 D. 4 which lists the criteria for conditional use approval. Paul added that the State issue is completely separate from this. Paul noted that the altered wetland area is less than 2,000 sq. ft. according to the application; it is 1,650 sq. ft. Carlotta questioned if they are approving the culvert in retrospect. Mr. Sherman asked the Board if the culvert was installed before the permit was issued, and Chairman Silverman told him that was correct.

Chairman Silverman told the Board that he does not feel that this application passes the criteria to issue conditional use approval and suggested that they have a resolution to the problem, which would have to be approved by the State, so that the Planning Board can rule on it in a reasonable manner. Mr. Hagstrom asked the Board if they should finish working with the State Wetlands Board and then come back to this Board. Chairman Silverman stated that he would give the applicant the option of withdrawing this application and resubmitting a new application once they have done something with the State. The Board agreed. A Site Walk would be conducted after a new application is filed.

Mr. Hagstrom told the Board that this is being treated as a standard application with the State because it is an after the fact case, and it could take a long time to obtain State approval. Mrs. Seppala asked how this affects obtaining the Occupancy Permit, and explained to the Board that they were under the impression that this would be settled this evening. Chairman Silverman explained that the Planning Board does not issue Occupancy Permits, and they cannot approve them tonight for a project that is not complete and still in a state of flux. He referred the applicants to Section 127-40; Certificate of Occupancy required, in the Land Use Regulations, and suggested that they contact the Board of Selectmen about this.

8:30 p.m. Preliminary Consultation with Amy Calandra who proposes to put mini storage units in on property located at Tax Map 12; Lot 7-2, Rt. 12 South, in the General Industrial District. – Amy Calandra was present and brought with her some photos and a site plan to show the Board and give them an idea as to what she wants to do.

Ms. Calandra told the Board that she has reviewed all of the previous notes, etc., in the file for this property so she knows about the other applications that the Boards have dealt with. She explained that this is a 32 acre parcel belonging to Frank and Angelina Conte and this time last year the Board was approached about a greenhouse, residence, worm farm, etc., utilizing four acres of the property. Ms. Calandra stated that she is looking to develop one acre of this parcel and she would not need septic or water services, or anything like that.

Chairman Silverman questioned how far from Rt. 12 she is proposing to locate this. Ms. Calandra said that they would like to be as close as possible and she believes that the requirement is 50’ back. She added that the drive around the building needs to be 25’ wide, and asked if they could put the drive in front of the building if the building was 100’ back. Chairman Silverman said that they would like to see this as far back as the applicant is comfortable with and added that although this is attractive in the context of what it is, they prefer to maintain a rural look.

Chairman Silverman told Ms. Calandra that there have been a number of wetlands issues with the abutting property and asked her if she knows if they have been satisfied and cleared up. Ms. Calandra did not know about this but did mention a report that was done by Allan Oxman, a Professional Forester with Monadnock Forest Products, back in 1982, for the 89 acres over the two parcels that Mr. and Mrs. Conte own. Ms. Calandra noted that the final analysis in the report states that 7 acres near the road is dry land, and most of the remaining land is wetlands. Ms. Calandra stated that she spoke with Mr. Oxman last week about this report and the property. She added that there is enough land to do what they are proposing.

Chairman Silverman noted that this is an allowed use under Section 127-12 B. of the Towns’ Ordinance and added that the view from the road and lighting, of which the minimal amount necessary is preferred, will be addressed during Site Plan Review. Paul asked if the access to this site was approved and Ms. Calandra stated that the State of New Hampshire has already issued a driveway permit for this property, #194-157-85.

Carlotta clarified that the applicant was not looking to subdivide the land or anything like that, and Ms. Calandra said that they only want to use an acre and the remaining land would be left intact. Ms. Calandra mentioned that Mr. Conte had the land timbered about twenty years ago. Suzanne Gray asked about the site plan that she provided the Board with, which is actually an old survey done by Thomas Flavin in 1986. Chairman Silverman told Ms. Calandra that the Board would need to see something much more recent, and that she should check on the Desmond property next door as that property has impacted this property. Mr. Silverman noted that the Board has dealt with that property a lot. Selectman Clukey added that this goes way back. Ms. Calandra stated that she has walked 2-3 acres of the site and she did not see any wetlands. Carlotta clarified that they are looking to put in two buildings, which Ms. Calandra said was correct, and they would go the long way, as shown in the pictures.

Chairman Silverman stated that the Board would like to see the wetlands delineated. Paul explained that they would be concerned with anything in the area of proposed work, closest to where they would be building. Paul added that any work within 75’ of wetlands requires a permit, and Chairman Silverman explained that a professional needs to delineate the wetlands. Suzanne mentioned showing where the driveway would be, especially if there are wetlands around it and Carlotta said that the Board would need to know about proposed signage. Paul explained that when she comes back to the Board, she would be going through Site Plan Review which is a formal process with an application, abutter notification, fees and a public hearing. He added that there are certain requirements, so when she goes through the list of required items, if she sees something that may not be applicable, she could request a waiver from the requirement. Ms. Calandra asked how quickly something like this would move. This is really determined by the complexity of the application, and the time spent getting the application together and then noticing requirements. Selectman Clukey noted that the land to be developed would be taken out of current use and that should be shown on the plan as well. Ms. Calandra asked about a physical address for the property. Margo and Selectman Clukey explained that numbers are assigned to buildings, which is done through Code Enforcement.

Ø Election of Officers – Terry Silverman moved to nominate Robin Hynes as secretary. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken. Carlotta Lilback Pini moved to nominate Terry Silverman as Chairman. Suzanne Gray seconded. A unanimous vote in favor of the motion was taken. Terry Silverman moved to nominate Paul Grasewicz as Vice-Chairman, Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.

Ø Discuss recommendation to be made to the Board of Selectmen re: Wetlands Application and abutter notification fees – The Board discussed the current procedure when a Wetlands Application is filed. Since there is nothing in the Ordinance about the applicant providing the abutters list, the Land Use Administrative Assistant has been doing this. Chairman Silverman moved to recommend the following fees to the Board of Selectmen: Wetlands Application Fee of $75.00 and a $5.00 per abutter notification fee. Suzanne Gray seconded the motion. A unanimous vote in favor of the motion was taken. Additionally, Chairman Silverman moved to waive the fees for the Seppala Wetlands Application. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.

Ø Notice of Voluntary Merger filed by Patricia Governor for properties known as Tax Map 27; Lot 07 and Tax Map 27; Lot 08 located on East Lake Road and Creamery Hill Road in the Residential District. – The Board voted unanimously to approve this merger. Margo will notify Robin Haynes to come in and sign these Voluntary Mergers as soon as she returns from vacation.

Margo had a few questions about work around wetlands and explained an older application that was brought to her attention this afternoon regarding an applicant on Laurel Lake that has recently applied for a construction permit to raise the house off of the foundation so that a new foundation could be put it. The Conservation Commission signed off that this would not affect wetlands, and Margo wanted to confirm that the Board would not become involved in something like this. Paul said that if the Conservation Commission signs off on it then it does not need to go before the Planning Board. The next question dealt with someone needing to put a temporary driveway in to do a perc test 60’ from wetlands. Margo said that she thought that this would require a wetlands application but she told Debbie that she would get clarification from the Board. The Board said this person needs to fill out a wetlands application.

Margo mentioned that Sean McGarry stopped in to ask about removing the existing duplex on the property he purchased on East Lake Road, and replacing it 20’ to the East and further back. The Board agreed that Mr. McGarry needs to meet with them before he does anything on this property. Mr. McGarry first met with the Board last November, and at that time the Board told him and his brother that they would need to see a plan for the entire parcel and all of the buildings on it.

Carlotta first mentioned to the Board after attending the NHMA Conference last November that the statute regarding municipalities collecting impact fees without having an Impact Fee Ordinance in place was being revisited. She reported tonight that the bill has passed and basically states that the failure of a municipality to adopt an Impact Fee Ordinance shall not preclude the municipality from collecting fees. This is effective January 1, 2005.

Paul attended the Advanced Session of the Land Resources Management Workshop held at DES recently and spoke of the Notice of Intent to be filed with EPA for alteration of land involving one acre or more. Paul noted that rules, procedures and forms are changing at DES. Margo attended the Basic Session with Jeanne Sable from the Conservation Commission and said that she learned some valuable information with regards to Stormwater Protection and wetlands in general.

Suzanne attended the workshop last Monday evening at the Library that was coordinated by the Conservation Commission and the Southwest Region Planning Commission. Suzanne obtained a copy of the Southwest Region Natural Resources Inventory , First Edition, for the Board. She said that it contains some very interesting information and a lot of maps of the area and some town maps also.

Margo told the Board that as they may know, she has been working on a revised Land Use Regulations Manual as time has allowed for quite some time. The manual is complete except for the tables in the back and the page numbering. She asked the Board if they had any input regarding the manual before she has it printed. The Board wanted to have the actual page number on the pages. Currently the page number is as it appears in the Code Book for the Town. Chairman Silverman felt that it was important to keep the current number and said that they could add the page number underneath the current number or in a corner. The Board agreed. Margo will get this completed and to the printer as soon as possible.