Planning Board
Meeting Minutes
July 20, 2004
Members present: Terry Silverman; Chairman, Paul Grasewicz; Vice-Chairman, Suzanne Gray, Macreay Landy, Carlotta Lilback Pini
Members absent: Robin Haynes
Selectmen present: Andrew Clukey
Others present: Charles Roth, Katie Metzger and Carmen Yon of the Conservation Commission
Chairman Silverman opened the meeting at 7:06 p.m.
Appointments
7:00 p.m. Meet with Charles Roth of the Conservation Commission to discuss creating a Conservation Overlay District – Chairman Silverman welcomed the Conservation Commission members present and told the Board that they want to create a Conservation Overlay District. Charles Roth presented this to the Board.
Mr. Roth explained to the Board that the Conservation Commission has been trying to work through and figure out some ways which would provide protection to the resources in town and the open space in town to development. They have looked at a number of different things and they wanted to come up with something that would give them some temporary protection and also give them a way to find out about land that would be going up for sale so that they could perhaps negotiate with the owners, and at the same time get some immediate protection in there and do it in a way that would not take away from the town’s tax base, etc. What they came up with eventually was an Overlay District, and what Mr. Roth discovered when talking with other towns was that most of them had
some sort of Overlay District; such as a Watershed or Steep Slopes Overlay District. Mr. Roth said that the Conservation Commission has gone some steps beyond that with their proposal as they want to protect all of the major waterways in town, some scenic areas and the places that they think are most appropriate for the town without taking over the whole town.
Mr. Roth passed around a rough map showing the Overlay District with the white area being the Rural zone and the green areas indicating the proposed areas for this new Overlay Protection District. Mr. Roth said that they have been working with this and it is still very much in the discussion stage, as they want it to be, and they would like the Planning Board to be involved. The green areas with the red dots on the map indicate property that is already protected by easements or is owned by the town or the State.
Mr. Roth handed out copies of the drafted ordinance and read aloud the first paragraph which explains the Overlay District and its’ purpose. The Overlay District is an overlay of the Rural zone and it is designed to conserve important natural resources of the town, such as; wildlife, wildlife corridors, scenic vistas, key waterways, minimize runoff, protect the water supply, prevent overbuilding and to maintain the overall rural character of the town. Mr. Roth said that additionally, what they have done is said that most of the things that are currently allowed in Current Use would be allowed in the Overlay District. Since much of this land is in Current Use, it means that the town would still get the same tax base that it is getting now for that, but the bigger
thing is that they are saying that within that zone they would like to see only restricted residential housing, to which they have created a list of a variety of items that would keep it in character. Mr. Roth said that most of these are already in our zoning and they are not asking for a lot of changes, but there are some places where it says something with a non-definitive amount, and there are items with a question mark because some people have said it is too restrictive and should not be included. These items are open for discussion and the Conservation Commission would like the Planning Board to review this and provide some input, as well as the Board of Selectmen. Mr. Roth added that the Commission knows that there is a lot of work that needs to be done still and they will need some nice maps with clarity to go before the Town with. Mr. Roth suggested that perhaps they may want to look into GIS noting that the Planning Board is probably interested in this as well, and
suggested that perhaps they look at having some joint funds for this in the CIP perhaps.
The entire Commission will review this draft at their meeting next week and Mr. Roth asked that if anyone had any immediate thoughts to please let him know by e-mail and he would bring them up at the meeting. Mr. Roth added that he has spoken with many people that he respects about this with some of them being former Selectmen, Joe Larson from the Laurel Lake area who is a emeritus professor at the University of Massachusetts and also the Chairman of the Pelham Planning Board and Dorothy Zug from town who is the CEO of the Audubon Society, in an effort to obtain some local and professional input as to what makes sense. Mr. Roth said that they do not want to restrict people anymore than they have to, but their goal is the protection of the resources and they would like
the Planning Board to keep that uppermost in their thoughts while they are looking at this and looking at things to take out or add, and what is in the best interest of the town and the people in town. Mr. Roth noted that he knows that there are people in town already looking at their land which the Conservation Commission feels is important; particularly along Templeton Turnpike, and he added that this is one of the most scenic areas in town with the brook and it would be a shame to see it destroyed. Mr. Roth added that this location has been in their Master Plan for a while and they just haven’t been able to get any response from people that own land in the area, and he has written to them several times. Mr. Roth said that even if people subdivide and then give the town an easement on the open space, that’s alright, although each time they take an easement it is a little bit more off of the tax rate income and this was designed to keep the town’s tax rate income
as stable as possible while protecting the image of the town. Mr. Roth ended by telling the Board that they look forward to them looking this over carefully and giving it some thought, and he invited them to attend the Conservation Commission’s meeting next Monday night. Mr. Roth thanked the Board for their time and left the meeting.
Carmen Yon told the Board that the purpose is to preserve open space in the same sense that that the Historic District Commission protects historic buildings. Carlotta asked if this was modeled after another community’s ordinance. Mr. Yon said that they are covering new ground with this and as Mr. Roth mentioned, there are some Steep Slope Ordinances and Watershed Overlay District Ordinances but they have not found one strictly for conservation. Mr. Yon added that there is an RSA that allows you to create an overlay district while preserving conservation lands. Katie Metzger added that other towns have studied it. Chairman Silverman asked if the Commission has contacted SWRPC about this and Mrs. Metzger said that Mr. Roth has. Paul asked if their choice of
parcels were because of their proximity to brooks or slopes. Mrs. Metzger said that this is what she understands and noted that Mr. Roth has been looking at this for years and he has looked all over Fitzwilliam. Mrs. Metzger continued noting that a lot of this is abutting land that is already in protection, whether State land or Town land, and Paul is right that it has to do with brooks and lakes as well as forests, which is all valuable open space. Mr. Yon added that he doesn’t think that Mr. Roth tried to add steep slopes to it.
Paul noted the watersheds near Laurel Lake and Chairman Silverman said that he would like to see the Quarry land included, as this is a valuable resource for in the future; it is a potential water source with tons of springs. Paul added that there are a lot of watersheds North of Sip Pond as well as West of it. Mac added that it would be interesting to overlay the wetlands map on top of this map. Mr. Yon noted that the area North of Sip Pond if looked at closely is labeled as wetlands and Paul added that a lot is not though; in beyond Holman’s gravel operation and the piece East of this where there is a lot of watershed going through the area. Mrs. Metzger said that the important thing to keep in mind is that they are not looking to take peoples’ property, but
that these are the precious pieces of land in Fitzwilliam, and if they do come up for sale they would like to try and negotiate something with them.
Suzanne asked what the process is for adopting something like this and if someone could walk her through the steps. Chairman Silverman explained that it has to go to Town Meeting and there would have to be public hearings held which could be held in conjunction with this Board. The ordinance has to be drafted and presented at a public hearing and Chairman Silverman noted that this could be coordinated with this Board to help with the paperwork. Chairman Silverman suggested that the SWRPC may be able to assist with the writing of the ordinance. Carlotta said that she would want legal advice to make sure that everything within the ordinance was correct. Mac asked Margo if she could have colored copies made of the map and she said that she could bring it to Keene.
Preliminary Consultation
7:30 p.m. Meet with Les and Deb Black to discuss a change of business use from Retail Sales to a Real Estate Office at their property located at 9 Templeton Turnpike, Tax Map 32; Lot 49 in the Residential and Historic Overlay Districts – Les Black introduced himself and his wife Deb to the Board and noted that they appeared before the Board 3 ½ years ago and presented plans to them for their Christmas in Fitzwilliam store located within their home a couple of buildings down the road.
Mr. Black said that they are here again as their current use is a retail store and the store closed on June 20, 2004. They are proposing a new use as a Real Estate and Law Office, as well as continuing to maintain their residence there. The proposal is for the Real Estate/Law office to occupy the same space on the ground floor in the front of the building as the store, and they will continue to occupy the remainder of the house as their residence. The Planning Board approved their Site Plan on December 5, 2000 and Mr. Black provided Chairman Silverman with a copy of those meeting minutes. Mr. and Mrs. Black applied for and obtained two Special Exceptions through the Zoning Board of Adjustment; one to allow the retail store and the other for their sign design and sign
post height. Mr. Black said that they may need to obtain a new Special Exception for a professional office and they are planning to use the same sign size and height in the same location but would obviously change the business information on it. Mr. Black added that they also appeared before the Historic District Commission for approval and said that they are sure that they will have to go before them again as well.
Mr. Black explained to the Board that their new plans are very similar to the Site Plan that was approved and noted that there is no change in the interior space which will remain at approximately 770 sq. ft., the only change in the exterior appearance would be the sign and the only change in that would be the name and what appears on the sign. Mr. Black continued noting that there is no change in exterior lighting, and they added additional parking when they built their addition so there is now parking for 4-6 vehicles which includes 2 parking spaces for their use. Mr. Black noted that in the winter the parking spaces would probably be more like four due to plowing, and the additional on-site parking has reduced the need for off-site parking on Templeton Turnpike,
which did work out very well for them. Mr. Black added that they do anticipate having some sales associates join them at some point, not initially, and they will not have any public restrooms. Mr. Black told the Board that this is a summary of their proposal and asked the Board to advise them what approvals they need to obtain.
Chairman Silverman explained that they have received approval for a combined business and residence, however, because of the change in the business he thinks that they need to obtain a Special Exception for the new business. Mr. Black clarified that this would be before the Board of Adjustment. Carlotta questioned if they were talking about having two different offices, one for the Real Estate business and one for the Law Office. Mr. Black said that they actually plan to have two desks in one office and explained that he would be taking the Real Estate Broker exam and Deb would be taking the Real Estate Salesperson exam next week, and then he would be taking the NH Law Exam in August.
The Board then began reviewing the different descriptions that this proposal may fall into. Carlotta noted that a Home Business does not allow for more than four employees. Mac added that a Home Business is an allowed use. Suzanne questioned the activity for this business that would not take place within the residence. Chairman Silverman explained that the intent of this is for the on-site aspect of the business. Chairman Silverman said that he doesn’t believe this would be a Home Occupation particularly because they obtained a change of use to conduct retail sales there, and he thinks that they would need a record for the town and the Zoning Board of Adjustment is the best way to do that, as the applicants are voluntarily rescinding the retail space. Chairman
Silverman said that he thinks that it may be a professional office that they are looking for. Carlotta questioned a combined business/dwelling. Paul said that to him a professional office is just that and there is nothing else there, so he thinks that this would fall under a combined business/dwelling. Carlotta noted that she has knowledge of the workings of a real estate office and said that there is a lot of hustle and bustle with people coming in to get keys, dropping off proposals, offers, etc., and in her opinion this is more of a combined business/dwelling. Suzanne asked if they would have more than one employee and Mr. Black said that they anticipate one to three at some point, although he is not sure if there would be enough room in the office for this many people. Paul noted that a combined business/dwelling requires a Special Exception and one employee would qualify them as a Home Occupation, and if they decided to expand, then they could look at a Home Business or
something. Paul added that this may require Site Plan Review. Carlotta asked Mr. Black if they planned to be independent and Mr. Black said yes. Mac said that they have ruled out that this proposal would qualify for a Home Occupation because of the number of employees they will have, but they have not ruled out a Home Business. Carlotta said that she does not see this as a Home Business and noted that they are going to have a separate area for conducting business, customers and realtors will be coming and going and she does not see this as secondary or incidental to the primary use, this is going to be a professional office. Mrs. Black asked how this compares to the Massin Insurance Agency and the Board explained that they are a grandfathered use.
Mac went back to discussing the combined business and dwelling use, noting that this is a building used for business uses, and Chairman Silverman said that the purpose of the combined business/dwelling was to allow someone to have an apartment and a business, and it was for the purpose of security as well as convenience for the owner. Mac agreed noting the hardwood furniture shop and an antiques shop. Mac said that he sees this as a professional office within a residential building. Chairman Silverman added that you give up restricting it from being a franchise office if this were a combined business/dwelling with a Special Exception, because this would be a business and a dwelling. He added that if this were a Home Business, he believes that they are allowed to
restrict in terms of the ownership of the real estate office as well, and everything would need to be owned by the applicant. Carlotta noted that this business property is going to have a separate residential dwelling unit and a separate office, with two separate entrances, which happen to be used by the same people right now. She added that she feels that a Home Business is more incidental.
Chairman Silverman asked for a consensus, noting that this is not a formal vote, as to who feels that this is a combined business/dwelling and five Board members raised their hands. One Board member feels that it is a Home Business. Mac noted that he feels that they are really beginning to define these terms. Chairman Silverman noted that everything they do is unique and added that the list of all of the different businesses came from numerous lists that they obtained from many different sources, and this list is very comprehensive, as is our ordinance.
Carlotta Lilback Pini moved that the proposed Real Estate office at 9 Templeton Turnpike, Tax Map 32; Lot 49 in the Residential and Historic Overlay Districts would fall under 127-11 G. Combined Business/Dwelling and therefore requires a Special Exception. A Site Plan Review will also be required. Suzanne Gray seconded the motion. A unanimous vote in favor of the motion was taken.
Mr. Black asked if the could amend the existing Site Plan and incorporate some of the things that would not change. Chairman Silverman said that they could absolutely use the applicable information and explained that the Town records need to be as comprehensive as possible, and they need a proposal on ownership intent and employees. Mac added that other things to be addressed include signs, lighting, parking, etc. Mr. Black confirmed that they would need to meet with the Historic District Commission, to which Mac said that his suspicion would be only to review and approve the sign, as they are not proposing any kind of exterior changes. Chairman Silverman told Mr. Black that he could come in and see Margo during open hours to get the necessary applications and for
scheduling. Mr. and Mrs. Black thanked the Board for their time.
Administrative Work
Ø Review and approve meeting minutes from July 6, 2004 – Mac noted that on page four, paragraph two, fourth sentence, there is a word missing. The sentence should read: “Mr. Humphrey said that he would as he heard a lot of the previous conversation”. Chairman Silverman moved to approve the minutes as amended. Paul Grasewicz seconded. A unanimous vote in favor of the motion was taken.
Ø Review Permit by Notification Form filed by the Town of Fitzwilliam for repair of existing dock facilities at Tax Map 21; Lot 05 – Reviewed
Ø Schedule continued public hearing for Jason Hill’s Boundary Line Adjustment and 2-lot Subdivision of Land – Chairman Silverman moved to hold this continued public hearing on August 3, 2004 at 7:05 p.m. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken. Chairman Silverman told the Board that they would have their legal opinion with regards to their questions for this meeting.
Ø Review Construction Permit Application and Plans submitted by Saga Communications – Chairman Silverman told the Board that Saga Communications has applied for their construction permit and have submitted new plans. The Board of Selectmen has reviewed this information and passed it on to the Planning Board. Margo provided Chairman Silverman with a draft copy of the Selectmen’s meeting minutes regarding their discussion about this application. Chairman Silverman read these aloud. The Board reviewed the new plans noting that the area where the tower and building are proposed are more towards Rt. 12. The Selectmen stated that these plans bring this into
compliance with the approval of the Site Plan. The Board discussed this new location and agreed that they are not comfortable with moving this closer to Rt. 12; therefore they are requesting that Saga revisit this. Suggestions include doing a Boundary Line Adjustment or requesting a waiver from the setback. Chairman Silverman advised the Board that a $25,000.00 bond has been proposed for this project in the event of abandonment, and the Board of Selectmen is working with the Town Auditors with regards to this. Chairman Silverman noted that a dismantled radio tower is reusable steel, unlike a cell tower.
Correspondence
Ø Letter from CEI; Comprehensive Environmental Incorporated announcing information re: 2004 Watershed Restoration Grants and services offered by this company - Reviewed
Ø Letter from 55 Housing Partnerships re: traffic sign located just west of the proposed entrance to this development – Margo read this letter noting that the State Department of Transportation responded to 55 Housing Partnerships, LLC request to relocate a traffic sign that is West of the proposed project entrance, and they feel that the sign meets sight distance requirements as located. The Department of Transportation did add that if the sign proves to block the view once the driveway was constructed, they would be happy to revisit
the issue.
Paul provided the Board with the updated and final plans for the mini storage unit facility that they approved for Amy Calandra on property located at Tax Map 12; Lot 7-2 on Rt. 12 South. Paul reviewed each of the notes on the plans noting the new items that the Board had asked to be put on the plans. Paul noted that the biggest difference is the trench which would be inside instead of outside. Paul explained that any spills would go into the trench and then into a PVC drain, which would go to a 100 gallon holding tank. Chairman Silverman questioned how it would be monitored and Paul said that it would have to be inspected periodically. Overflow was mentioned and Chairman Silverman said that 100 gallons is a pretty large holding capacity. If this is inspected, overflow should not be an issue.
Chairman Silverman moved to accept the updated plan for Amy Calandra’s Site Plan Review for Map 12; Lot 7-2 as meeting the requirements set forth by the Board in the approval of the Site Plan. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.
Carlotta told the Board that the Rindge Planning Board was holding a public hearing this evening to adopt a Growth Control Ordinance, and if this is adopted, it is going to push the pressure out of Rindge and onto surrounding towns. Carlotta said that the Rindge Planning Board is saying that they have had more growth than any of their neighboring towns and they are proposing to limit the number of building permits in one of two different ways. First, they are looking at arriving at an average number of permits that they have issued over the past five years, or, an average number of permits issued by four abutting towns over the past five years, and this number would be set each year using the most recent year as one of the factors in determining an average. Once they have reached the number of permits
that they decide will be issued for the year, then that will be it, they will not issue any more. Carlotta said that existing subdivisions approved under a phased development have been told that they would not get any more permits this year, and there are some exceptions for subdivisions that were approved over the last couple of years. The Rindge Planning Board is planning to bring this for a vote in September.
Chairman Silverman adjourned the meeting at 9:15 p.m.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use Boards
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