Planning Board
Meeting Minutes
September 7, 2004
Members present: Terry Silverman; Chairman, Suzanne Gray, Carlotta Lilback Pini, Macreay Landy
Members absent: Paul Grasewicz; Vice-Chairman, Robin Haynes
Selectmen present: Andrew Clukey
Chairman Silverman opened the meeting at 7:05 p.m.
Preliminary Consultations
7:00 p.m. Preliminary Consultation with Tom Parker to discuss his proposed 3-lot subdivision of land located at 139 West Lake Road, Tax Map 11; Lot 02 in the Rural District – Chairman Silverman asked Mr. Parker to present his proposal. Mr. Parker told the Board that Paul Grasewicz would be preparing the plans for this 3-lot subdivision. Mr. Parker had a preliminary plan to show the Board this evening. Mr. Parker explained that one of the lots has 247’ of frontage; 3’ short of the minimum required, and Mr. Parker obtained a Special Exception from the Zoning Board of Adjustment to allow this reduced frontage. Additionally, another lot has 100’ strip of frontage which would be used as frontage for a hammer head lot. The third lot would have approximately 400’ of frontage. Mr.
Parker has a total of approximately 23 acres to be subdivided with one lot to contain 6 acres and Mr. Parker’s existing home; another lot to be 11+ acres and the end lot to be 5+ acres. Mr. Parker noted that there is plenty of land, just not enough frontage.
Mr. Parker noted that he does own property behind this parcel as well as across the road, but that does not have any bearing on the subdivision. Mr. Parker described the land as basically high land with some wetlands, although very little, at the very back of the property. Mr. Parker added that there is a lot of ledge and granite.
Chairman Silverman asked the Board if they wanted to conduct a site walk to which the Board members present did not feel was necessary as they do not see any issues with this proposal. Mr. Parker thanked the board for their time.
8:00 p.m. Preliminary Consultation with Sue Bradford and Judy Gray Shorter to discuss opening an Antiques Shop at 3 Templeton Turnpike, Tax Map 32; Lot 47 located in the Residential and Historic Overlay Districts – Sue Bradford introduced herself to the Board and explained that she and her partner would like to open a shop within this building where there was one originally. Ms. Bradford said that the shop would be open 4-5 days a week from 10-5, and they are not proposing any exterior or interior changes, nor are they expecting this to be really high volume.
Chairman Silverman asked when the last time was that this property was used as a commercial property. Gary Taylor, the property owner stated that it was about a year ago and his business partner Bob Camero said a year to a year and a half ago. Chairman Silverman asked if it had been only a year since the flower shop had left and Mr. Taylor and Mr. Camero said a year and a half. Carlotta asked if they still had the apartment upstairs to which they said yes.
Chairman Silverman stated that this property is a non-conforming use and that use has lapsed. Mr. Camero said that they previously came here to make the first floor an apartment and they were told that it had to stay as a business so they did not put an apartment in. Chairman Silverman asked if that was within a year to which Mr. Camero was not sure. Chairman Silverman said that it is his understanding that they need a Special Exception to conduct retail sales. Carlotta suggested a combined business/dwelling noting the apartment. Mr. Camero said that there has always been a retail store downstairs in the building and Carlotta explained that she feels that it is a mixed use and Mr. Taylor and Mr. Camero said that it has always been. Chairman Silverman said that it doesn’t make a difference, they both require Special Exceptions and the Board refers it under a particular number. Mr. Taylor asked why Ms. Bradford wasn’t sent to the Zoning Board of Adjustment. Chairman Silverman
said that this is a Preliminary Consultation and where it is determined if someone needs to go to the Zoning Board of Adjustment. Mac noted that this is a non-conforming use and Mr. Taylor said that it has been an antiques shop, a flower shop, etc., and now they are looking to put another antiques shop back in the same area. Chairman Silverman told Mr. Taylor that all Ms. Bradford needs to do is go before the Zoning Board of Adjustment. Mac noted that it is the Special Exception process and Carlotta added that the Special Exception lapses after one year. Ms. Bradford asked when that Board met, etc., and Chairman Silverman told her that she could come in and see Margo during open hours and she would assist her with the application, etc. Chairman Silverman stated that he feels with the past history of the building this Board could waive the Site Plan Review so they can assist with that step, but the Special Exception is not within this Board’s purview.
Public Hearings
7:15 p.m. Public Hearing for Leslie and Deborah Black’s Minor Site Plan Review for a Combined Business/Dwelling with the business being a Real Estate and Law Office located in the downstairs front portion of their home located at 9 Templeton Turnpike, Tax Map 32; Lot 49 in the Residential and Historic Overlay Districts – Chairman Silverman opened this public hearing at 7:20 p.m. and read the case title aloud.
Chairman Silverman reviewed the file and moved that the application is complete. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.
Chairman Silverman asked the applicant to present his proposal to the Board. Mr. Black told the Board that they submitted a Site Plan Review memorandum to go along with the plot plan as well as their plan for the interior of the building, and a computer generated picture of their proposed sign. Mr. Black explained that their proposed use is to have a Real Estate and Law Office in a portion of their home with the rest of the home continuing to be used as a single family residence.
Mr. Black noted that when they appeared for their preliminary consultation the Planning Board advised them that they would need to obtain a Special Exception for their proposed use. Mr. and Mrs. Black applied to the Zoning Board of Adjustment and obtained a Special Exception under Section 127-11 G. of the Land Use Regulations for a combined business/dwelling last month. Mr. Black added that in the memorandum that he prepared, he listed the previous approvals that he and Mrs. Black have received, which included a Special Exception from the Zoning Board of Adjustment in 2000 for the height of their sign, and for the two hanging plaques. Mr. Black noted that the design of the new sign was approved by the Historic District Commission at their meeting last month, but he and Mrs.
Black have since changed it so they will be meeting with the Historic District Commission again this coming Thursday for the new sign design. Mr. Black said that he anticipates that it would be approved and he understands that the Planning Board may want to condition the sign approval from the Historic District Commission with this Site Plan Review approval.
Mr. Black continued noting that he and Mrs. Black previously obtained Site Plan Approval from this Board in 2000 for the Christmas Store that they previously operated and they feel that this new proposed use meets the purposes of the Planning Board’s Site Plan Regulations for the following reasons: It is an adaptive use of a historic building in a Historic District and he noted similar offices in town, there is no change in the location of the sign or in its dimensions and it would be professionally done with their new business name, “Four Columns Realty”, which is registered with the State. Mr. Black addressed parking noting that when they first appeared before the Planning Board in 2000 they only had parking for two vehicles; with the addition that
was put on the house in 2002, they also obtained a driveway permit and relocated the driveway and parking to the other side of the house which now provides for five or six vehicles a majority of the year and three or four in the winter months. Mr. Black stated that there is parking for he and his wife and for the people that would work there, and they are asking for relief from the parking requirements for the people that go there by allowing them to park in the street which the Board found appropriate back in 2000, and they hope that the Board feels the same now. Mr. Black added that they anticipate that there would be less traffic now with a real estate office than there was on a busy weekend at the Christmas Store, so the parking issue should be less now as there are more spaces.
Suzanne asked about the sign and the changes that they were proposing to it. Mrs. Black explained that before there were cutouts at the top and bottom which would not be there and the lettering as well as the color is changing. The size is not changing, nor is the post, and there is no change in the lighting of the sign.
Chairman Silverman asked if there was anyone present that wished to speak on this proposal.
Mr. Donald Moulton of 31 Templeton Turnpike stated that he was in favor of this proposal.
Mac Landy stated that he did not have any issues with this proposal.
Suzanne Gray said that parking would be her only concern and noted that it was not an issue with their prior business. Chairman Silverman mentioned the expansion of the Library and Mr. Black stated that there has rarely been an issue of parking along the street however, with certain events such as Town Meeting, parking can be an issue. Mac said that he did not see an impact to parking with this proposal.
Carlotta asked what they were proposing for open hours and Mr. Black said that they need to be flexible with this business but generally they would have hours something like 10-5 and by appointment, and if there is a need then they may add some weekend hours.
Macreay Landy moved for approval for the Minor Site Plan Review for a combined business/dwelling on Tax Map 32; Lot 49 with the sign pending approval from the Historic District Commission. Carlotta Lilback Pini seconded. Chairman Silverman asked for any further discussion. With there being none, the motion passed unanimously.
7:30 p.m. Continued Public Hearing for Mace and Mary Ann Wenniger’s proposed 3-lot subdivision of land located on Rhododendron Road, Tax Map 13; Lot 05 in the Rural District. – Chairman Silverman noted that the applicants have requested a continuance and moved to continue this public hearing to September 21, 2004 at 7:30 p.m. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.
Administrative Work
Ø Review and approve meeting minutes from August 17, 2004 – Carlotta Lilback Pini moved passage of the minutes for August 17, 2004 as written. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.
Ø Notice of Voluntary Merger pursuant to RSA 674:39-A for 179 NH RT 12 N Tax Map 15; Lot 24 and Map 15; Lot 29 – The Board questioned the size of the back lot and Margo said that she believed that one lot was 8 or 8 ½ acres. The zoning for the back parcel is Rural. Carlotta confirmed that there were no buildings on the back parcel. Chairman Silverman moved for passage of the Voluntary Merger. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.
Ø Review revised plot plan for Saga Communications’ Radio Tower – Glen Cardinal was present this evening and provided the Board with an updated site plan for placement of the radio tower and the accessory building. The location of the tower and the building meets the 50’ side and rear yard setbacks and meets being placed behind the water tanks and will be between 20’ and 25’ farther back. Mr. Cardinal reviewed the plan explaining that the building would be about 12’x24’ and maybe 10’ tall and he noted that it would probably not be visible from Rt. 12. Carlotta asked why this isn’t hugging the 50’ line and
Mr. Cardinal explained that they want to allow enough room for a fence to be installed around all of this to protect the general public as well as themselves. There will be a 20’ cement base that the tower will sit on. Chairman Silverman noted that the fence could go within the 50’ setback.
Chairman Silverman explained for the record what has happened with regards to placement of the tower; in the original proposal to the Board it was stated that the tower would be 50’ from the property line so Chairman Silverman used this verbiage in the Notice of Decision, which is why the 50’ was set in stone. Chairman Silverman noted that 20’ is the minimum required setback but the proposal indicated that it would be 50’ from the setback, so the Board simply translated this information into the decision. Mr. Cardinal came into this project after the approval was granted and was not aware of this.
Chairman Silverman suggested that this be run by Attorney Bassett to make sure that the Board is handling this properly from a procedure standpoint. Chairman Silverman stated that he does not feel that the spirit of the Site Plan has changed. The Board agreed that given the history of this the closer to the original location the better. Chairman Silverman noted that everyone’s view from Rt. 12 is going to be the same and this really only affects the view shed of two abutters. Chairman Silverman read from the Notice of Decision, “the tower and the building are to be 50’ away from the side and back property lines.” Chairman Silverman said that the fence could go up to 20’ of the side yard setback and added that he prefers that the stone wall not be impacted. The concrete slab itself does not have to be 50’ away from the side yard either. Chairman Silverman asked if the concrete slab would raise the tower elevation wise and Mr. Cardinal said it would not as it would be
flat; the tower height would be the same.
Mr. Cardinal stated that he just wants to make sure that this is comfortable for the Board and Chairman Silverman agreed and said that he would have Margo contact Attorney Bassett and get clarification as to what the Board does next. Either Margo or Chairman Silverman would contact Mr. Cardinal with this information.
Ø Review memo from the Board of Selectmen re: determining the zoning district for the new lot proposed by Jason & Donna Hill as presented in their Application for Subdivision
* This determination must be made before the Selectmen can consider issuing a construction permit for this proposed lot
Chairman Silverman read aloud the memo sent to the Planning Board from the Board of Selectmen regarding the two different zones for this property. The newly acquired frontage is in the General Industrial District which when added to the proposed new lot would put that lot in both the Rural and General Industrial Districts. The Board of Selectmen has asked the Planning Board to make a determination as to the zoning of this proposed lot noting that residential construction is not allowed in the General Industrial District and if this property is determined to be in this district then a Variance would need to be obtained prior to the Selectmen considering a construction permit.
Carlotta referenced the location of the dwelling on the lot and the use of the lot. Chairman Silverman stated that the dwelling would be in the residential district. Mac noted that they still have the other potential problem with this lot and Chairman Silverman said that the applicant could still subdivide if he would use his frontage for the road access, and noted that the next question is if the lot is a buildable lot due to the wetlands restriction which has to do with his constructing a road through this. Carlotta clarified that if he accesses through the frontage then the house site would be in the rural district. Chairman Silverman used an example of another property in multiple zones and what the general usage of the parcel is. Suzanne stated that the general use of
Crane Road is residential. It was the consensus of the Board that the zoning is not relevant and what is relevant is the access. Margo will prepare a memo to give to Paula Thompson; Town Administrator to give to the Board of Selectmen for their meeting tomorrow night.
Ø Review information received from the Southwest Region Planning Commission re: Local Resource Protection Priorities. This information is being updated and review of the town map depicting the resources identified thus far and the narrative regarding Fitzwilliam need to be reviewed for accuracy. Forms are due back by October 22, 2004. – Margo explained to the Board that each Board involved in this project received all of this information except for the map, which went to the Selectmen’s office. Margo borrowed the map so that the Board could review it tonight for accuracy. The Board noted that there are conservation easements missing such as the Ski Tow
area and the easement from Mel Schupack. Margo noted that the Conservation Commission has not reviewed this yet. Mac asked about the Rails to Trails not being shown. Margo told the Board that the letter from Meredith Cooper asks that the local Boards cooperate in reviewing the map and the narrative. Carlotta asked if the town parcels in fee ownership are all town parcels or just select parcels. Margo added that any areas that the Board would like to see on this should be marked and she suggested that this could perhaps be incorporated into the Master Plan update which is still being done. Margo will talk to the Historic District Commission about this project on Thursday when they meet. The Board marked several areas on the map with post it notes and would like to discuss this with other Boards and perhaps Ms. Cooper from the Planning Commission. Chairman Silverman would like to suggest adding the Webb Hill Quarries as a new resource to be protected. The Village Common being on the
National Historic Register should be considered also. Margo suggested sending a memo to the Board of Selectmen regarding this and suggesting that a joint meeting of the various Boards be considered. Chairman Silverman suggested that the map be circulated and input be obtained from everyone and then we could see about a joint meeting and asking the Southwest Region Planning Commission if someone could come and meet with the Board to discuss this. Chairman Silverman asked Selectman Clukey if the Selectmen could review this tomorrow night.
Correspondence
Ø Notices of Public Hearing from the Town of Winchendon - Reviewed
Ø Notice of Decision from the Town of Winchendon - Reviewed
Ø Brochure from the American Planning Association (APA) outlining eight training programs being offered October 2004 through June 2005. - Reviewed
Ø Registration for the 29th Annual Municipal Law Lecture Series – Replies must be received by September 10, 2004 – Margo is registered for all three lectures and Mac has registered for two of the lectures.
Ø Troy Mills Landfill Community Update – Reviewed
Carlotta told the Board that she just wanted to let them know that the CIP Committee has received information from and met with all of the departments.
Chairman Silverman adjourned the meeting at 8:30 p.m.
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