Town of Fitzwilliam, NH - Planning Board Minutes 05/18/04

7:05 p.m. PUBLIC HEARING for Amy Calandra for a Minor Site Plan Review to allow a mini warehouse on property located on NH RT 12 South, Tax Map 12; Lot 7-2 in the General Industrial District. – Chairman Silverman opened this public hearing at 7:05 p.m. and read the case title aloud. Chairman Silverman asked the Administrative Assistant about the Zoning Board of Adjustment meeting and Margo stated that the Special Exception was granted. Paul Grasewicz recused himself and provided plans to the Board for their review. Amy Calandra was also present.

Paul explained that they are proposing one 40’x100’ building nestled away from various wetlands, and it is because of these wetlands and the steep topography behind them that the applicant went to the Zoning Board of Adjustment and asked for a reduction in the minimum required front yard setback of 100’ in the General Industrial district. The Zoning Board of Adjustment granted approval for a 59’ setback as shown on the plan.

Paul explained that the entrance has to be at the common lot line; the approved access, and the plan shows the existing grades, wetlands, proposed grading, landscaping, sign location and lighting on the building. The building will be approximately 40’ from the closest wetlands. Chairman Silverman asked about the driveway and site preparation, to which Paul explained the access is 25’ wide, and there are some boulders there that act as a buffer to the wetlands, and the nearest grading to wetlands is approximately 15’. Chairman Silverman asked what the roadway would be constructed of and Paul said that he called for bituminous pavement over a screened gravel base; it is actually two courses of pavement because he doesn’t want to put gravel that close to the wetlands because of erosion. Chairman Silverman confirmed that the area would be impermeable. Paul added that even though the land around the building will be flat, water tends to find its’ own place for collection and the pavement will help with this and deter concentrated flow.

The land around the building location is steep in the back, but generally it is small depressions and pockets, and there is a large bog that goes across the property. The wetlands in front are a combination of isolated depressions and runoff collects and if they stay there long enough they will develop hydric soils. This parcel is south of the brook and is on the grade coming down towards the flat. Mac asked about vernal ponds and Paul said that there is the bog, and the others should dry up if they haven’t already. Paul took some soil samples to evaluate for hydric soils. Some of them showed no vegetation, and there is a small area of vegetation where the existing driveway is. There is a continuous 4% grade up to the building. Carlotta questioned if the culvert was already in and if the Conservation Commission had been out there yet. Robin questioned the number of units, lighting and if there would be a gate there. Amy told the Board that she is guessing that there would be 30 units and she is looking at 6 shielded lights on the building which would be 24-hour lights, and she is not proposing any gating or fencing. There is no proposed lighting going out to the roadway and people would be allowed to come and go as they please. Amy added that the boulders would be set to protect the wetlands and there would be a camera there to monitor who goes in and out. There will not be a water well or septic system on the site but there would be electricity. The existing trees would be left there to buffer this and planting is proposed. Paul noted that the sign has to be located outside of the State right of way.

Chairman Silverman asked with regards to the lighting, that there be only one light on all of the time and that the rest be on motion sensors. Amy disagreed with this and said that from a customer’s perspective it should be well lit. Chairman Silverman explained that when someone drives in it will light the area up and Mac added that the sensor lights could even be set on a timer or be linked together so that if one goes on they all go on. Chairman Silverman said that additionally he would like the plantings that are put in front to be something that would grow to provide a good screening. Paul said that they have chosen rhododendrons but could perhaps look at evergreens as the soil is very acidic.

Mac asked about the size of the proposed sign and Amy showed the Board a drawing and said that it would be on a 7’ pole and would be 6’ wide and 4’ high. It will be in the shape of a house and on the right side it will say Fitzwilliam Self Storage. Amy added that the sign would be internally illuminated. Mac noted that the Board is not in favor of having signs illuminated 24 hours a day and Robin noted that the other self storage facility does not have a lighted sign. The Board noted that Mr. Mike’s signs have to be turned off at 11:00 p.m. Chairman Silverman stated that the sign does not have to be internally illuminated and that it could be externally lit but it does have to be shielded from the roadway. Chairman Silverman said that his recommendation would be to have the light turned off at 11:00 p.m. and turned on starting at 7:00 a.m. for winter hours. The Board agreed.

Access to the property was discussed next and Paul said that this plan shows the approved access. There is an existing driveway there and the easement was created when the lot was subdivided. Amy added that the old State permit has expired but they would renew it. Chairman Silverman referred this to the Conservation Commission for the wetlands and suggested that the Planning Board and Conservation Commission perform a site walk together. The site walk was scheduled for Tuesday, May 25, 2004 at 7:15 a.m. and Chairman Silverman moved to continue this public hearing to the next meeting on June 1, 2004. Macreay Landy seconded. A unanimous vote in favor of the motion was taken. This public hearing was closed at 7:32p.m.

Chairman Silverman stated that the Conservation Commission still stands by their recommendation to move the driveway but they agreed to change their referral to the Planning Board which means that this does not require a wetlands hearing. Robin Haynes went to this site and explained to the Board that the driveway would cross a slight brook but it would be a wider area to cross if they were to move the driveway from where it is now. Robin stated that she felt that there would be more impact if it were moved and noted that there is a brook running along the side of the road, not standing water, and it would also be closer to the septic system location if it were moved. Robin noted that they have taken care in the clearing out and they are protecting wild mountain laurel. Additionally, the sight distance from the road in this location is much better. Gene Cuomo, Road Agent was present for this hearing and told the Board that they picked this spot for the view and the least amount of water and it is least intrusive to the ditch. Wade Leventry will be putting a house on this lot and he told the Board that the pole for electricity is located in this area also and access will be needed for the power line.

Chairman Silverman moved to approve the 2-lot subdivision of land located at 322 West Lake Road, Tax Map 6; Lot 36 in the Rural District. Robin Haynes seconded. Chairman Silverman asked if there was any abutter comment. There was none. Chairman Silverman asked if there were any further questions from the Board. Mac asked if a culvert would be required to which Mr. Drew said that a culvert would be needed. The culvert would be 20’ long and the driveway would be 12’-14’ wide. Mr. Drew noted that there is not a grade issue, and there is a

Mr. Drew told the Board that at the site walk there was some concern expressed about the site distance from the existing driveway and it was noted that this is a sharp corner. During the site walk it was suggested that the driveway be moved closer to the lot line. Mr. Drew explained that he has changed this and put in two driveways rather than one shared driveway as shown on the plan. There is now a driveway showing on each side of the lot line, which allows them to take advantage of the flatter area.

Paul asked Gene Cuomo, Road Agent if he looked at this and Gene said that he did and the driveway on the corner does actually meet the criteria with the sight distance. Paul said that the vegetation and trees are growing out into the roadway. Steve Filipi said that in all fairness to Gene they were out there trimming this past weekend and the area looked different from the time the Board saw it and when Gene saw it. Gene said that they measured 160’ easily and Steve is willing to move it which would be a better spot, but the original location did meet the criteria. Suzanne said that a concern of hers is that although the highway department does a fantastic job, this corner does get icy in the winter. Gene agreed and said that moving the driveway location would be better and Steve is willing to do that.

Chairman Silverman asked if there were any abutters present. Norman Kristoff was present and said that he has a concern that one of the driveways will be used for more than private cars as Mr. Filipi has heavy equipment, and he would like to know more about that. Steve stated that he has an excavator and a backhoe for equipment. Chairman Silverman told Steve that he would probably need to come back before the Board for a home occupation once this is completed. Chairman Silverman asked if there were any other questions or concerns. Carlotta asked if the other driveway near the stone wall would still hug the wall and Steve said that it would and he plans to leave the stone wall in tact.

Chairman Silverman moved to approve the 2-lot subdivision for Steve Filipi on property located on Upper Troy Road, Tax Map 15; Lot 14 in the Rural district with the driveways being located near the common lot lines and the stone wall on Lot 1 being disturbed as little as possible for the driveway. Carlotta Lilback Pini seconded. Chairman Silverman asked for any comment or discussion. There was none. A unanimous vote was taken in favor of the motion. Chairman Silverman and Robin Haynes signed the plans and the mylar.

While the plans were being signed Mr. Kristoff stated that he wanted to express his concern about his view, in that he would be able to see the second house in the winter time and he feels that this impinges his sideline view. He continued and said that he walked this the other day and he could see the opening through the vegetation, and he obviously did not purchase the house to see another house down along his lot line. Mac asked if he is suggesting a buffer and Mr. Kristoff said yes. Mr. Drew stated that there is 100’ of vegetative buffer between the properties and Steve said that he feels that what is there is pretty reasonable. Mr. Kristoff said that he has no suggestions only his concern and when he walked the property he was surprised by the amount of clear cutting that was done. The Board asked Mr. Kristoff what he would suggest and Mr. Kristoff said that obviously he would suggest putting the house someplace that would not be in his view line. Mr. Kristoff added that he does not want to impinge on Steve’s ability to place his home where he wishes but at the same time he does not want his view impinged upon. Chairman Silverman asked if they could come to an agreement on a roofing color that does not impinge his view. This did not satisfy Mr. Kristoff and Chairman Silverman stated that he asked for comment before the Board voted to approve the subdivision and Mr. Kristoff stated that he was speaking with a Board member. Chairman Silverman said that he was not sure what authority the Board had over that and Mr. Kristoff asked if they had the power to determine the placement of the house. Chairman Silverman told him that the Board does not have authority over the placement of the house. Mr. Filipi will bring a check to Margo for the recording fee sometime this week.

8:05 p.m. Preliminary Consultation with Laura Eddy to discuss subdividing two lots off of property located at 763 Templeton Turnpike, Tax Map 3; Lot 30 in the Rural District. – Mr. and Mrs. Eddy were present and told the Board that they would like to subdivide two 12 ½ acre lots off of the 42 acre parcel they own and have a home on. Mrs. Eddy told the Board that they understand that this property came before the Board before for a subdivision. Mac remembered that proposal and said that he believes that there was a problem with Sandy Hollow Road. Mr. Eddy described the property explaining that the land along the road is actually higher than the land in the back of the property and part of the road is dirt and the section going past their house is paved. Selectman Clukey asked if they would need two more driveways to which Mr. Eddy noted that there are openings in the stone walls for driveways. Suzanne asked what the issue was before and Chairman Silverman said that it was determined to be scattered and premature. There was some discussion as to whether or not this could be subject to no further subdivision and Mr. Eddy said that they could pursue that. Chairman Silverman said that the Board needs to determine if a minor subdivision at this time would still necessitate upgrading the roads. Carlotta said that she would be interested in reviewing the old information and Mac suggested that they walk the site so that the newer Board members could see it. Mac added that he would like input from the Road Agent regarding this. Mr. Eddy noted that the land is in Current Use right now and they are looking at 400’ to 500’ road frontage for the lots.

Chairman Silverman asked the Board members if they would go look at this property individually before the next meeting and then asked Mr. and Mrs. Eddy if they would come back for another preliminary on June 1, 2004. Mr. and Mrs. Eddy said that they would come back and also offered to put in the new deeds that no further subdivision would be allowed. Mr. Eddy provided the Board with directions to their property and told them that they were welcome at any time.

8:15 p.m. Preliminary Consultation with Claire Borowski to discuss her proposal to open an Antiques Shop at 68 NH RT 119 West, Tax Map 32; Lot 9 in the Residential District. – Ms. Borowski told the Board that she has purchased the old Betty Henry property and she would like to relocate her antique shop which has been in David Green’s building into one of the front rooms of her house, specifically, the room with the bay window on the first floor. Claire noted that the property file does not contain any information regarding previous businesses, signs, etc., and added that Mrs. Henry had a business there for many years and prior to that there was a real estate office there. Chairman Silverman noted that there has not been a business in the building for over a year now, and therefore this proposal requires a Special Exception. Claire noted that there has been a sign hanging there and Chairman Silverman acknowledged that but said again that there has not been an operating business there. Claire told the Board that there are antique shops next door and across the street from her and Carlotta clarified that there would be a residence and a business in the building, to which Claire confirmed. Robin questioned parking and it was determined that people would have to park on the street as there is no on-site parking. Mac stated that this should not be an issue given the nature of the business in that there would probably not be more than one vehicle there at a time. Chairman Silverman noted that under 127-14 A. both (a) Home Occupation and (b) Home Business require adequate on-site parking. The Board reviewed the regulations for the closest determination.

Additionally, Claire told the Board that she had already met with the Historic District Commission and Margo added that she is all set with them including proposed signage. The Board agreed that Claire does not need to come back before them for Site Plan Review. Chairman Silverman told Claire that she could come in and see Margo during open hours for the application for the Zoning Board of Adjustment.

Mrs. Croteau told the Board that she does not have a plan to present this evening and they first wanted to see how the town felt about a proposal like this before they went ahead and purchased the land. This is an 84 acre parcel with 6/10 of a mile road frontage located right before the concrete place and across the street from Bailey’s Garage. Kristen said that they propose to develop about 12 acres of the southerly end of the parcel for their proposal and leave the rest of the property as it is.

Chairman Silverman explained that in the General Industrial District, the Flea Market (retail store) would require a Variance under Section 127-11 A., the driving range would fall under a recreational use and would require a Special Exception under Section 127-11 R., and the ice cream stand could perhaps be looked at as retail as well. Carlotta explained that the Special Exception is issued by the Zoning Board of Adjustment and there is a set of criteria that would be voted on, as does the Variance, and these are not allowed uses without special permission from the Zoning Board of Adjustment. Margo clarified that each of these would require a separate application and Chairman Silverman said that they would need all three of these to make this proposal work. Paul referred to 127-11 D. Restaurant, with regards to the concession stand, to which the Board agreed.

Kristen’s mother was also present and asked the Board if the Special Exception would be conveyed with the property in the future if they were to transfer ownership. Chairman Silverman explained that it would go with each use, and if they sold it as an established business, then that is permissible as it goes with the business. Mac added that the business must remain as a continued use or be reestablished each year.

Chairman Silverman moved to refer Kristen O’Brien Croteau to the Zoning Board of Adjustment for a Special Exception under Section 127-11 R. for the driving range, a Variance under Section 127-11 A. for the flea market and another Variance under Section 127-11 D. for the restaurant use for her proposal for property located on Route 12 South, Tax Map 11; Lot 54 located in the General Industrial District. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.

Kristen’s mother asked the Board what they could do there without any Variances or Special Exceptions and asked about a golf course or something else. The Board explained that a recreational use is allowed in this district and explained that the regulations state that it is a noncommercial facility, so if they are looking to do something where they are charging fees then this would not be applicable. Kristen asked about a drive in theatre and was told that that is a prohibited use per Section 127-13 C.

Ø Review and approve meeting minutes from May 4, 2004 – Chairman Silverman made a correction in the wording in the middle of the second paragraph on page one; change “It does seem to open us up to further litigation” to “It does seem to open the opportunity for further litigation”. Robin Haynes moved to accept the minutes of May 4, 2004 as corrected. Paul Grasewicz seconded. A unanimous vote in favor of the motion was taken.

Ø Miscellaneous items from the Administrative Assistant – Margo had a few things to go over with the Board. First was the radio tower application that was approved last year; Margo asked the Board about having the applicant come in at some point to discuss the bonding and security insurance issues which need to be addressed now they are getting ready to proceed with the tower. Chairman Silverman said that they do need to meet with them about this and suggested that they obtain some legal advice as to how to proceed with this.

Second, Margo told the Board that she was advised by Debbie Favreau that the Board of Selectmen voted to add another line onto the Wetlands Application that would indicate that although there would be impact to wetlands, a public hearing was not necessary. Additionally, Margo explained that she spends time with Jeanne Sable, Secretary for the Conservation Commission every week trying to assist her and answer her questions, but recently there have been questions regarding driveway permits with wetland issues, and the procedure for this, which Margo said that she does not know the exact procedure for. Margo said that she referred Jeanne to the Selectmen’s office for answers to these questions. Paul referred to Section 127-16.1 Wetlands Protection Overlay District, Section D.(7) Exemptions (c) and read this aloud. Selectman Clukey said that he would look into this and take care of it.