Town of Fitzwilliam, NH - Planning Board Minutes 05/04/04

7:00 p.m. Preliminary Consultation with Kevin & Nicole Kiritsy to discuss subdividing a lot off of property located at 71 Warren Hill Road, Tax Map 8; Lot 44 in the Rural District. Mr. Kiritsy said that he is discussing a different parcel than he had planned to discuss. The new lot is Map 4, Lot 80. They want to put a house on it. It abuts the MA state line and the rail bed. He said he wanted to see if the board would approve it as a building lot. He had a test pit done. He doesn’t believe it has to be subdivided. It’s 4.3 acres, with 460’ frontage on Rt. 12. Terry said it’s a lot of record. Paul said he might need a permit for access from the DOT. Mr. Kiritsy said there is access. Terry said they don’t need the Board’s permission. They meet all of the requirements for a building lot. Margo explained that they originally had a preliminary to subdivide one lot off of another on Fullam Hill Rd. Terry told them to apply for a building permit from the Selectmen’s Office.

Terry explained that Glen Cardinal, from Saga Communications, called him. Mr. Cardinal approached the Board and explained that since they got the go ahead to put the tower up, he went to review the site. He noticed two wellheads. No one noticed the footing under the tanks. He can put a tower on the proposed site, but there is an opportunity to hide it from Rt. 12 and move it away from the tanks. Mac asked how it changed the view from behind, noting that was the issue before. Terry said we got a message from our attorney, Jim Basset. He is calling Saga’s attorney. He expressed reservations about re-opening this case. It does seem to open us up to further litigation. Terry is concerned that it is a wooded area, behind a stonewall, and you would need to upset the stonewall to gain access. Paul said you would have to have another public hearing and re-open it for another site plan. Andy Clukey agreed that it would be problematic. Terry recommended Mr. Cardinal contact his attorney, to hear what he says. Paul said deviations in dimensions from the original plan would mean starting over.

Margo provided a summary of events in the Planning Department. She said Eric Twarag called to see where the master plan is going. There is a wetlands application for the subdivision we are hearing tonight for Heglin, and there is another. Conservation has reviewed both. They checked off the box that says that wetlands are affected, but don’t feel a public hearing is necessary. She said if they refer it, a public hearing is required. Margo said that David Spicer wants to demolish a cottage and replace it with a garage 8’ from the water. She said that she got a memo from Paula, and the Selectmen voted to establish wetlands fees effective April 28, $75 and $5 per abutter, as we had recommended. Margo said that she would schedule her physical therapy, 3 times a week, up to 8 weeks, but not during open hours.

7:45 p.m. Preliminary Consultation with Carol Beckwith who proposes to open a Gift Shop at 52 NH RT 119 West, Tax Map 32; Lot 38 in the Village Center Business District. Carol approached the Board. She said that she wants permission to open an art gallery/gift shop offering artwork, painting, photography, and fine crafts including pottery, jewelry, etc. She will make an effort to feature artists from NH and New England. She said that she hopes to open early June and, in the future, have a juried art show. There will be no renovations to the existing space. The signage will continue to be against the building and the same size. Carlotta asked if there was still an apartment in the building. Carol said yes. Mac said the mixed use would continue. He asked if there would be additional lighting outside. Carol said no. Suzanne asked if the signage would be similar. Carol said it is 18” by 8’ , which is fine. She likes the town and is sensitive to aesthetics. Robin moved that the Board accept the proposal. Suzanne seconded, and the Board voted unanimously in favor of the motion. Terry said she’s all set; it’s a continuation of a use. Margo told her to get her sign permit from the Selectmen.

Margo said Michael Prentiss is applying to do supplemental automotive inspections. He told here it would be low-key, minor auto repairs. The State told him he meets their qualifications, but he needs town approval. Margo said he has done cleaning. She asked whether we would need to modify or amend the site plan. Terry said he spoke with Mr. Prentiss. He plans to do minimal repairs, perhaps exhaust work. He does not plan to be an automotive shop. There would be one vehicle there at a time. Suzanne asked if there would be overnight vehicles. Terry said Mr. Prentiss said no. Paul asked what category he was in. Robin said it’s a different type of vehicle, but the same use. Robin moved that Mr. Prentiss does not need to come in for a hearing to inspect vehicles on a limited basis. Terry modified her motion to say “The Board sees no problem for Mr. Prentiss doing light auto repair and inspection at his current place of business at this time. If that business expands beyond repairing one vehicle at a time, he would come back for a site plan review. Robin withdrew her motion, and Terry’s replaced it. Mac seconded Terry’s motion, and the Board voted unanimously in favor.

Carmen said the Filipi subdivision plan doesn’t show a driveway. Terry said he would trust that Gene wouldn’t put it through wetlands. Terry said if the Conservation Commission has concerns, they could spell them out on the wetlands application, and we will take them into account. During the site walk, we will see where it will go and Mr. Drew can plot it. Paul said if there will be work within 75’ of the wetlands, they have to file. Terry said one of the things we need to do is make sure the lot meets the requirements as a buildable lot and not be in the business of overstepping our bounds in planning the lot. In Dave Donlon’s case, we will see that application again as there will be a wetlands application when the driveway goes in.

7:15 p.m. Public Hearing for Nancy S. Heglin’s proposed two lot subdivision of land located at 322 West lake Road, Tax Map 6; Lot 36 in the Rural District. Paul recused himself, since he is an abutter. Mrs. Heglin came forward to explain the plan. She wants to subdivide 5.5 acres with 250’ frontage on Putney Rd. The remaining lot would have 13. 4 acres. Carlotta asked if Putney Road was a Class 5 road. Terry said yes. Robin asked about about the wetlands. Wade Leventry pointed them out. Suzanne asked about the building site. It was pointed out. Mac asked how much upland. Terry said there is 139,000 sq. ft. of contiguous upland. Terry moved that the application was complete. Suzanne seconded, and the Board voted unanimously in favor of the motion.

Robin Bates, an abutter, said in terms of the wetlands, it’s not noticeably wet. There are no water problems in her area. Terry said wetlands are determined by soil types and vegetation. It’s a legal definition that has to do with how the property perks. Terry said that the Conservation Commission recommended moving the driveway further east to minimize affecting the wetlands. They referred it to the Planning Board, so we need to have a meeting about the wetlands. Robin asked the location of the driveway. Mr. Leventry said it goes in near the utility pole and pointed to the plan. He said it doesn’t go through wetlands. If the driveway were moved, it would go through the proposed septic site.

Terry said they need to come in and schedule a wetlands hearing. Mr. Leventry asked if it was in reference to the driveway or the lot itself. Terry said it’s the lot itself. He explained that the Conservation Commission referred it, so we have to have a hearing. They need to file an application, which they can get from Margo. Mrs. Heglin said that she was confused. The Conservation Commission came out and they said there was no problem. Terry said the Conservation Commission checked the box that says the Planning Board has to review it. If there is no impact, and they tell us, the hearing will be short, but we have to hold a hearing. Mrs. Heglin asked if it would cost more money to notify abutters. Terry said yes. Mrs. Heglin asked how they allowed Westminster Drive. Robin said that was before we had a wetlands ordinance. Margo asked if the hearing could be continued to the same night as the wetlands hearing. Terry said yes. Terry asked Carmen Yon to check with the Conservation Commission to see if they would like to revise their recommendation.

7:30 p.m. Public Hearing for Steve Filipi’s proposed two lot subdivision of land located on Upper Troy Road, Tax Map 15; Lot 14 in the Rural District. Mr. Filipi said that Dick Drew was supposed to present the plans, but was not there. He showed the plan to the Board. Terry moved that it’s a completed application. Andy seconded, and the Board voted unanimously in favor of the motion. Gordon Stout, who owns the round house and is an abutter at Map 15, Lot 14, came forward. Mr. Filipi explained that there would be 2 lots, 23 total acres. One will be 18 acres and the other 5.5 acres. The 5.5 acre lot has approximately 500’ frontage and the 18 acre lot has 250’ frontage, which is allowed for lots over 6 acres. The wetlands were delineated by Sharon Monahan of Peterborough. They were not delineated past a certain point, notated by a line, because they felt the land would never be impacted. Terry asked him to point it out. He did. Mr. Filipi said that the contiguous upland is 145,000 sq. ft., or 3 acres, on the proposed lot 2 and 172,000 sq. ft., or 4 acres, on proposed lot 1. He said this is near the house with the row of small widows, on the northerly/downhill side of Upper Troy Road.

Mr. Stout asked if he proposed building on both lots. Mr. Filipi pointed out the house sites and said that one is 150’ off the road, in the vicinity of the old dirt road. The other is toward the upper end of the clearing. Mr. Norman Kristow, another abutter, asked how close to the boundary line. Mr. Filipi estimated it was 250’. He said that he has it staked out, as well as a test pit with blue and yellow flags. Terry asked about access. Mr. Filipi said that he used the old dirt road for cutting. Mr. Kristoff asked if he would use one driveway. Mr. Filipi pointed out that the second drive would be near the pin and come around the stone wall near the property line. He said he would have to do minimal clearing for the septic, and that it is not a good site for excavators. Mr. Filipi said that, as far as the lower part of the lot below the house, he is thinking of planting an apple orchard, depending on the soils.

Mr. Drew joined Mr. Filipi. Terry asked if the Board would like to do a site walk. Robin and Mac agreed. Mac said he would like to know where the house site, septic and well are. Mr. Drew asked if the Board wants to see that on every plan, although it is not in the regulations. Terry said it’s not a hard and fast requirement, but they do like to see it. Mr. Drew said the pins are not in, but wetlands flags are. The Board agreed to conduct the site walk on Monday 5/10 at 4:45. Mr. Drew asked if they needed the house location, etc. before the site walk. The board agreed that it would be helpful to have it at the site walk. Mr. Kristoff asked if he could attend. Mr. Filipi said it was okay for him to come. Carmen asked if the Conservation Commission would be invited. Margo said she would contact Jeanne. Terry moved to continue the hearing. Robin seconded, and the Board voted unanimously in favor of the motion.

Terry re-opened the hearing for the Heglins, since Mr. Drew was present. Mr. Drew apologized for being late. Terry explained that the Conservation Commission referred it to the Planning Board to review the wetlands. We will find out what they said and why they referred it to us. Mr. Drew asked if they would like to walk it. The Board agreed that Robin would go the following afternoon. Terry said we would try our best to change the problem created by the Conservation Commission. Jessica Leventry offered to show her where it is. Mr. Drew said the driveway passes through the overlay district. There is a very gradual slope. There is already a ditch at the top of the road, and there is no fill taking place. Mac asked if there had been a test pit. Mr. Drew said yes, it was to the south of the open circle. Mr. Drew said the driveway is not going in the wetlands, just the overlay. Mr. Drew said the line was not marked, but the wetlands are marked. When it comes time for the Planning Board to walk it, the house well and septic will be there. Terry said that would not be on the official plan. Terry moved to continue the hearing. Andy seconded, and the Board voted unanimously in favor of the motion.

8:00 p.m. CONTINUED PUBLIC HEARING for David & Tammy Donlon’s proposed three lot subdivision of land located at 816 RT 119 West, Tax Map 10; Lot 16-5 in the Rural District. Paul recused himself, as he is presenting the plans for Mr. Donlon. Terry said the Board had a concern that we walked the wrong driveway at the first site walk. Paul said we went out last Monday and walked it again. He said that he added note 7 saying a permit is required from NH DOT for lot 16-5-3 access and also a Fitzwilliam wetlands application. A permit is required for 16-5-3 driveway and possibly a wetland permit from NHDES. There is an upland, about 12’ wide. There will have to be a detailed topo that shows the retaining walls. There will be a Fitzwilliam application, and if wetlands are to be altered, a wetlands application. Terry asked for input from the site walk. Robin said it was worthwhile. It is narrow, but with the note, they will have to deal with it. She added that the note also protects David. Suzanne moved to accept the application for David & Tammy Donlon’s proposed three lot subdivision of land located at 816 RT 119 West, Tax Map 10; Lot 16-5 in the Rural District. Andy seconded, and the Board voted unanimously in favor of the motion. Terry and Robin signed the plans.

8:15 p.m. CONTINUED 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. Terry said Mr. Cote was to work stuff out with the Fire Department. Bob Cote said he had a visit with the Chief and members of the staff. They raised legitimate concerns, namely how to get to the rear of the propane tanks or get another access. He said that there are two ways to accomplish this. One is to open up the area behind the tanks. He has a meeting on site tomorrow morning with Reini Fish from DOT where he will be proposing a curb cut for the second access. He will also look at the wetlands for possibly putting in a dry hydrant. That may benefit others in town besides Roy Bros. Suzanne asked if he was planning to put water in an empty tank. He said he was proposing a dry hydrant in lieu of that.

Nancy Carney said if there were a fire, the tank would be too close to get water out. Terry asked if the Fire Department was satisfied. Ed Mattson said he and Bill Prigge had a good meeting with him Thursday. Bill Prigge said it depends which alternative they can work out. The biggest problem was the prevailing winds. Either alternative is good. It would be nice to have an area to pull out and a dry hydrant, but it’s in the State’s hands. Suzanne asked if we needed to wait for the dry hydrant to get approved. Terry said we could do a conditional approval. He would like to see a full to-scale map with the changes on it. Mac asked if we needed two plans, one for each alternative. Terry said if they are able to put in the dry hydrant, it would allow them to start and not activate the tank until they get the access road and the Fire Departments writes off on the improvements.

Bob said he has two large tanks on their way out from Minnesota. He has to decide where to put them. He could put both in Ashburnham. He is running out of time. Bill Prigge said that the dry hydrant would be icing on the cake and helpful, but he wouldn’t hold this up on that. If we give approval on the road in back, that’s fine. Ed added that either road would work. Terry moved to approve the site plan review for Roy Bros. based on access to the rear of the property by a curb cut or a separate road behind the facility on Rt. 12. Suzanne seconded, and the Board voted unanimously in favor of the motion. Terry said the Board wants to see whatever resolution he can get.