Planning Board
Meeting Minutes
October 5, 2004
Members present: Terry Silverman; Chairman, Macreay Landy, Robin Haynes, Suzanne Gray, and Carlotta Lilback Pini
Members absent: Paul Grasewicz; Vice-Chairman
Selectmen present: Andrew Clukey
Chairman Silverman opened this meeting at 7:00 p.m.
Appointments
7:00 p.m. Meet with Jeff Porter and Meredith Cooper of the Southwest Region Planning Commission about the Local Resources Protection Priorities update for the Town of Fitzwilliam – John Fitzwilliam from the Historic District Commission was present, and Charles Roth and Barbara Green from the Conservation Commission were also present.
Chairman Silverman welcomed Meredith Cooper and Jeff Porter from the Southwest Region Planning Commission and thanked them for coming in to meet with the Board this evening.
Carlotta asked Jeff and Meredith if they could provide some background information and what they hope to accomplish with this project to everyone present. Jeff Porter explained that the Department of Environmental Services asked all of the Regional Planning Commissions quite a few years ago to ask municipal governments about specific local places or resources that were priorities for them in terms of being protected, and the reason for this was so that they could document this on a level of need for legislative discussion. This was first done in 1997, again in 1998, and updated in 1999, and since there has been a lot of effort put into this statewide, the Department of Environmental Services would like to maintain this. Chairman Silverman asked about the L-Chip Program and
Mr. Porter said that this inventory led to the creation of the Land & Community Heritage Investment Program which runs on state grants for conservation lands and historic resources. Carlotta asked about grants being available for this and Mr. Porter said that this is basically for maintenance but there are some small grants available. Carlotta noted that Rindge had obtained some.
Mr. Porter directed attention to the map that was provided to the Boards to review along with a copy of the narrative that was last prepared in 1999 and asked if the map looked accurate and if there was anything to be added to it. Chairman Silverman said the Board spent a little time reviewing the map and they did make notes regarding a few places they would like to see added. Carlotta mentioned that it looked like the Village Center was marked in the wrong place. Mr. Porter said that it could be moved over and added that they need to make sure that conservation easements are correct also. Chairman Silverman mentioned that they would like to see the Webb Hill Quarries protected and noted that this is not a conservation easement, it is privately held, and development threatens
tons of springs which are a great water resource, and they would like this researched to see if this would fit in as a conservation effort. Mr. Porter asked if this was an area or a specific property and Chairman Silverman told him that it is a specific property. Carlotta said that she was thinking in terms of cultural properties and a few came to mind, such as the Fitzwilliam Depot Railroad Station which she thought was privately owned and Chairman Silverman said that it is owned by the Fireman’s Association. Carlotta mentioned the Village Center and that it encompasses the Town Hall, Library and The Fitzwilliam Inn, and also suggested the Fitzwilliam Depot Store and stated that she knows that other towns have lost their Village stores and she felt that it would be a shame to lose the other Village store in town noting that the town has already lost the one that was in the Village Center. Mac noted that the Village Center is protected through the National
Historic Register and he spoke of the Historic Overlay District that the town has and that what they are asking for is to have the Historic town protected.
John Fitzwilliam added as an addendum to the Depot, that there are some buildings there that need to be stabilized and added that they are a part of early railroad history. Mr. Fitzwilliam took some photographs recently and added that these buildings were built around the same time as the Depot, they have matching trim and although he hasn’t seen inside, he suspects that they are probably post and beam and fairly rugged, but they do need to be stabilized, environs cleaned up, appropriate windows fitted and a quick paint job and maybe a fire alarm system put in so that they could keep tabs on them, and he added that he knows that this would be a tough thing to develop commercially. Chairman Silverman noted that from a historic standpoint, things changed when the
Fire Station went in. Mr. Fitzwilliam noted that these buildings are survivors. Carlotta suggested that perhaps the Historic Barn Preservation easement may work for the building by the old railroad station.
Carlotta added that the Rail Trail is not shown on the map and Mr. Porter said that they could put that on. Suzanne asked about older historic homes in town and if they fit into this and Mr. Porter said that the property needs to be likely to lend itself to preservation efforts.
Ms. Cooper asked about some properties that they had received information on which includes the Katie Metzger Forest, the Rousseau property and the Grasseau property. Margo noted that the Selectman’s Office provided a copy of the warrant article for three properties that were obtained by the Town over recent years. Chairman Silverman also mentioned an application for a three lot subdivision that the Board is currently working on near the end of Rhododendron Road, and that one of the lots may have a conservation easement or be given to the town; the property owners are unsure of what they are going to do.
Mr. Porter explained that this is simply a policy matter; the town says what they want to happen and the places and resources that they want to see protected, and if they can be protected they would be. Mr. Porter noted that the parcel that the Town obtained in 2002 was purchased for gravel for the Town.
Mr. Roth explained to Mr. Porter and Ms. Cooper that Eric Twarog was currently working on a map for the Conservation Commission which would show the waters in town that the Commission wants to see protected. This is being done in conjunction with a Conservation Overlay District and ordinance that the Conservation Commission has been working on. Mr. Porter asked if this has been developed to a point that there is a consensus and Chairman Silverman told him that it has not, but it is something that is being worked on; the basic concept, and the Planning Board would assist the Conservation Commission with this. Chairman Silverman added that they would like to protect the watershed on Templeton Turnpike starting at Stone Pond and going south to the town line.
Chairman Silverman noted that this particular area is under pressure from Massachusetts. Mac Landy said that he would like to see Emerson School and the land there protected as well. Mr. Porter questioned the goal with the school and Mac stated that it is an historical building in an historical area as all of Rhododendron Road was the original settling of Fitzwilliam. Additionally, Emerson School is the only school left out of the thirteen schools that were in town and Mac noted as well that Dr. Emerson, whom the school was named after was a very prominent citizen and a physician in town who served the community for over fifty years.
Mr. Porter asked for copies of the tax sheets for the properties discussed; the ones in the warrant articles that were provided and the additional properties discussed tonight that the town would like to see protected. Mr. Porter clarified that the conservation lands and public lands shown on the map are accurate. Mr. Porter then reviewed the additional properties that the town would like to see added which include: The Depot Village Store, the Railroad Station, the Railroad warehouses, the buildings within the Historic part of town which are those listed on the National Historic Register, and the watershed for the Webb Hill Quarries. Copies are also needed for the Schupack property, the Metzger Forest and the Webb Hill Forest, as well as tax maps for the properties. Margo
clarified that these properties need to be listed on the inventory form as well. Ms. Cooper asked about the Town’s Master Plan to which Chairman Silverman explained is currently being updated, but is not complete yet. Mr. Porter asked if adoption was on the horizon and Chairman Silverman said that it is. Ms. Cooper said that she would review the policies within the Master Plan and see how they match up with the information exchanged tonight and noted that they may need to look at adding some additional information. The Board thanked Mr. Porter and Ms. Cooper for coming in this evening.
8:00 p.m. David Green proposes to open a new business in a portion of the building that he owns at 52 NH RT 119 West, Tax Map 32; Lot 38 located in the Village Center Business District - Mr. David Green was present and presented his proposal to the Board. Mr. Green is proposing to utilize the space on the side of the building that has been rented out as a business for a number of years. Mr. Green intends to set up different sized display areas to be rented out to various businesses. The idea is to promote other businesses in town. The display areas will have rental costs in the $5.00 to $20.00 range and will allow businesses to display literature, etc. regarding their business. There would also be space available for non-profit organizations. Mr. Green passed around some photographs for the
Board members to look at. The intended name of this business would be “Off the Beaten Path”, open hours are presumed to be from 9:00 a.m. until sometime in the evening. Mr. Green will maintain driving instructions for people that go in and inquire about a business. Mac asked about additional lighting to which Mr. Green said that it would remain as it is but he would like to have a light on outside at night and noted that there is currently a pole light there. Mr. Green is also proposing to use the existing sign above the door.
Carlotta clarified that this is a combined business/dwelling which Mr. Green said it is. Robin suggested that this business would fall under 127-11 M. General Services, to which Chairman Silverman agreed. Mac noted that this is an allowed use. Carlotta said that she feels that the ordinance is not clear and it does not instruct them how to go about this. After some discussion about this Chairman Silverman asked for a consensus of the Board that this is an allowed use under 127-11 M. Carlotta disagreed with this determination and the remainder of the Board agreed with it. Chairman Silverman told Mr. Green that he is all set with this Board but he does need to meet with the Historic District Commission for their approval with the business and the sign.
Administrative Work
Ø Review and approve meeting minutes from September 21, 2004 and non-public meeting minutes from September 21, 2004 – Suzanne asked about the word “taking” used on page three in the first sentence of the second paragraph, and if this referred to personal property. Chairman Silverman explained that this is a legal term in land use, and this is correct. Robin Haynes moved to accept the minutes as written. Terry Silverman seconded. A unanimous vote in favor of the motion was taken. Carlotta Lilback Pini moved to accept the Non-Public Minutes as written. Terry Silverman seconded. A unanimous vote in favor of the motion was taken.
Ø Drafted 2005 Budget – The Board reviewed the budget and discussed major line items. Chairman Silverman clarified the salary line was for Margo, 40 hours per week and it includes a cost of living increase and a merit increase. Carlotta asked if the health insurance line utilized last years figures and Margo said that it does as the new figures are not in yet. Carlotta questioned why the Architects/ Engineer line was 0. Margo explained that Chairman Silverman had asked her to provide a breakdown of items within the lines and she could not find where they had utilized any funds for this. Additionally, Margo explained that as she learned at the lecture, if
services like this are required for an application then the applicant should pay for it, however, if the Board was to use a consultant to review or write ordinances, regulations, etc., then they need to have funds to pay for that. Margo said she left it blank as she did a few other lines, and if the Board wants they can put money in. Carlotta questioned the advertising line as it has increased $200.00. Chairman Silverman said that the rates may increase and Margo said that she is anticipating additional costs with applications that may come in. Margo noted that she did not increase this line or the postage line very much, and it may not be enough. Additionally, this budget is covering charges for postage and advertising for the Historic District Commission, as well as Margo’s time spent working for them because they do not have a budget. Carlotta questioned if it has always been this way. Chairman Silverman wants this noted on the budget. Suzanne asked abut line
670, Books and Periodicals and noted that we have not used much money this year. Margo explained that this line pays for the Code Book Updates which have not been done as Chairman Silverman wanted to wait until the end of the year to see how our budget looked. This line also pays for the Land Use Law books that they purchase every year, and Margo ordered a copy of “A Hard Road to Travel” by Bernie Waugh for each Board member at the request of Chairman Silverman. Chairman Silverman told Margo to go ahead and get the code book updates done and to get a bill showing the amount being used if it is not paid by the time the budgets have to be submitted. Chairman Silverman asked about the Equipment Maintenance line and if this is shared with another department and Margo said that this is mostly for the photocopier which Land Use pays the most for, and also for the postage machine. Mac asked if this covers maintenance contracts for the computer and printer and Margo said that
she has what came with them when they were purchased. We purchased a three year plan for the printer and the computer came with a basic plan. Margo told the Board that she kept the budget down pretty good until she added in the CIP item for the Master Plan. Margo explained that she cut a lot out this year and there is nothing extra in this budget. Additionally, the 2005 dues for Southwest Region Planning Commission is figured with last year’s figure as next year’s rate is not known yet. Chairman Silverman asked the Board if anyone had any suggestions for cutting anything or if anything else needed to be looked at to which there were none. Margo will update this again as she receives new rates to work with.
Ø Discuss possible amendments to the Land Use Ordinances:
* 127-19 F. Reduction to dimension in the Table of Standard Dimensional Regulations to be by Special Exception -
* Requiring a Certified Plot Plan – Chairman Silverman noted that this would hold an applicant accountable for what they say they are going to do, and this is recorded at the Registry of Deeds. Chairman Silverman asked Margo to obtain language for this.
* Recent legislation: RSA 676:4(II)(c) allows Planning Boards to require preliminary reviews of subdivisions – Reviewed
* Wetlands definitions – Margo noted that this amendment is required per RSA 674:55 – Chairman Silverman asked Margo to review our ordinance for corrections
* Address Temporary Living Quarters – Margo told the Board that she put this item on the agenda because it is something that the Board of Selectmen has asked the Planning Board to look at for some time now, and it is becoming more of an issue in town. Carlotta stated that the Town of Rindge has a camper permit which allows someone to live in their camper for 60 days. Selectman Clukey noted that there are several situations in town that could be enforceable if we had the proper ordinance in place, and he noted that these are serious living
condition issues that need to be addressed. Chairman Silverman suggested that research be done for proper verbiage to address temporary living quarters. Carlotta suggested looking at Life Code and Safety with the Department of Health or talking with the Fire Chief. Chairman Silverman asked Selectman Clukey if their office could look at this since Margo was given a large amount of work tonight and Jeff Porter gave her some more. Selectman Clukey said that he did not see a problem with that and they are basically trying
to find out how the Planning Board feels about this. Selectman Clukey added that they are trying to prevent this from happening again.
* Discuss revisions to Section 127-8 A. Agriculture within the Land Use Ordinances - Postponed
Ø Discuss November meeting schedule – November 2, 2004 is Election Day and the regularly scheduled Planning Board meeting cannot be held – Public Hearing to be scheduled – The Board agreed to meet on November 30, 2004 to make up for the November 2, 2004 meeting.
Ø Report from Administrative Assistant and Board Members that attended the Law Lecture on Subdivision and Site Plan Review – Margo provided each Board member with a copy of the booklet handed out to the lecture attendees and noted that there was a lot of information reviewed. There has been new legislation passed that allows Planning Boards the authority to require Preliminary Conceptual Consultations for all Plats and Plans for Subdivision and Site Plan Review. Margo explained the procedure for this. Some other interesting items include sight distance, in that Boards should require a minimum of 400’, and sight distance easements should be recorded with
the approval that is recorded. Also discussed was holding a Show Cause Hearing when an applicant fails to abide by the terms and conditions of approval, and looking at having a Development Agreement which they provided a standard document for us to work with, which would be made part of the record and would be recorded with the approved plan.
Correspondence
Ø Notices of Public Hearing from the Town of Winchendon - Reviewed
Attendance at the Southwest Region Planning Commission quarterly dinner meeting was discussed. This is a meeting night for the Board. Either Robin or Carlotta would attend this. Margo noted that they have a public hearing that night, and originally they had an appointment with Eric Twarog and the Conservation Commission that night but Eric had to cancel due to this dinner meeting.
Carlotta noted that the reason they are having Eric Twarog come back here is so that they can discuss different options for growth management and cluster developments. Chairman Silverman said that the new reformatted cluster development package that Southwest Region Planning Commission is using seems to provide more buffers in the back lands but still does not address between houses.
Margo told the Board that Jason Hill’s application for subdivision has passed the 65 day time frame for a decision. The public hearing was continued at the applicant’s request and he has not requested a continued public hearing as of yet. Selectman Clukey said that perhaps Jason is waiting to hear from the State. The Planning Board is waiting to hear from the applicant regarding moving forward with this application.
Robin came across an interesting article in the Monadnock Ledger regarding rules for wetland zones and he asked everyone to read it and give it consideration.
Margo reported that she spoke with Glenn Cardinal from Saga Communications today and he just wanted the Board to know that the check to go into escrow in connection with their application was being sent to Jim Bassett.
Lastly, Margo told the Board that she received a copy of the Minimum Impact Expedited Application for David Spicer on Spicer Point for the new boathouse he is going to put in.
Chairman Silverman adjourned the meeting at 8:35 p.m.
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