Planning Board
Meeting Minutes
October 19, 2004
Members present: Terry Silverman; Chairman, Paul Grasewicz; Vice-Chairman, Suzanne Gray, Carlotta Lilback Pini
Members absent: Macreay Landy, Robin Haynes
Others present: Carmen Yon; Chairman of the Conservation Commission
Chairman Silverman opened this meeting at 7:05 p.m. and immediately went to the public hearing scheduled this evening.
Public Hearings
7:05 p.m. Public Hearing for Steve Filipi’s proposed 2-lot subdivision of land located on Templeton Turnpike; Map 3; Lot 29 located in the Rural District – Chairman Silverman opened this public hearing at 7:05 p.m. and read the case title aloud. Mr. Richard Drew and Steve Filipi were present.
Chairman Silverman reviewed the application and moved that it was complete. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.
Mr. Drew presented this proposed two lot subdivision of land from this 11 acre parcel noting that each of the two lots would be slightly more than 5 ½ acres each. One lot has 310’ of frontage while the other one has 290’, thereby making this a reduced frontage lot. Mr. Drew pointed out that the wetlands have been delineated on the plan and a tentative septic placement has been put on the plan as well.
Chairman Silverman noted that there are a lot of wetlands on this property and asked the Board if they wanted to conduct a site walk to which the Board members present stated that they did. Paul asked if a preliminary was done for this and Mr. Drew stated that there was not and this is the first time that the Board has seen these plans. Chairman Silverman stated that the Board would conduct a site walk which would allow them to look at the property and do some things that could have been done if there had been a preliminary. Carlotta clarified the location of this property which is about 400’ from Sandy Hollow Road. Steve Filipi added that it is next to Andy Clukey’s place.
The Board scheduled the site walk for Thursday, October 28, 2004 at 5:00 p.m. Chairman Silverman closed this public hearing at 7:10 p.m. and continued it to the Board’s next meeting on November 16, 2004. Margo will notify Mr. Drew of the time noting that the Board has some appointments scheduled already. Mr. Yon asked Chairman Silverman if the Board wanted the Conservation Commission to attend the site walk and Chairman Silverman told him that they would like that. Margo will follow up with Jeanne Sable, Secretary to the Conservation Commission as well.
Appointments
7:30 p.m. Meet with Mace and MaryAnn Wenniger to answer their questions regarding the conservation easement lot they are considering creating with their pending 3-lot subdivision of land located on Rhododendron Road; Tax Map 13; Lot 05 located in the Rural District – Chairman Silverman asked Margo if this was a noticed public hearing and Margo explained that it is not and that this is just an appointment for Mr. and Mrs. Wenniger to talk about the lot that they were considering putting a conservation easement on.
Mr. Richard Drew and Mr. and Mrs. Wenniger were present for this appointment. Mr. Drew provided the Board with updated plans for this subdivision which show the contiguous upland on each lot.
Mr. Wenniger told the Board that they would like to explore and discuss with the Board a solution with this third lot to fulfill a dream of his wife’s. Mrs. Wenniger would like to have an artists’ studio right on the edge of Widow Gage Road and the pond. Mr. Wenniger noted that an old plan belonging to the previous owner; Follansbee, showed a building the size of a two-car garage on the property at one time. Mr. Wenniger added that they would like to explore building something there and that they were told by the Board of Selectmen that this property may be grandfathered. Mr. Wenniger stated that he feels that this third lot is a buildable lot, and he thinks that there may be some relief from the wetlands and dimensional requirements. Paul noted that
there is no prohibition of building within 75’ of wetlands, you simply file an application. Paul added that you cannot have a septic system within 75’ either. Mr. Wenniger mentioned an outhouse and Paul explained that you have to have a legal system. Mrs. Wenniger noted that she is an artist and mixing art with her home does not work, and it is her dream to have an art studio to work in. Chairman Silverman asked if this would be a print studio and Mrs. Wenniger said that it would. Chairman Silverman noted that this requires a lot of water and Mrs. Wenniger said that it actually doesn’t require that much noting that she is not an etcher and she doesn’t use acids.
The contiguous upland for this lot is 90,000 sq. ft. Mr. and Mrs. Wenniger asked about the frontage requirement and Chairman Silverman said that it would be 250’ because the lot would be over 6 ½ acres, and that this could contain wetlands however, there is not enough contiguous uplands to consider this lot as a buildable lot as they would need 120,000 sq. ft. Mrs. Wenniger referred to Section 221-6 of the Subdivision Regulations which reads as follows: “Subdivisions substantially in conformity.” “Where strict conformity to the subdivision regulations would cause undue hardship or injustice to the owner of the land, a subdivision substantially in conformity with the subdivision regulations may be approved by the Board, provided that the spirit of
the subdivision regulations and public convenience and welfare will not be adversely affected.” Mrs. Wenniger told the Board that it does not seem fair to deny this for 100’. Chairman Silverman explained to Mr. and Mrs. Wenniger their difficulty as a Board with creating this as a buildable lot because that would give a legal right to build a house on it, and the Board by statute cannot grant a subdivision allowing this as it puts the town in a tendentious position. Additionally, if the land were put into a conservation easement that would ensure that a house would never be built on it.
Mr. and Mrs. Wenniger said that the land in conservation can be built on and they have met with everyone and discussed this, and were sent back to the Planning Board to discuss this. Paul noted that there are allowances in the bylaws to allow for a reduction in the Table of Dimensional Regulations by Special Exception. Paul explained that he felt that they could get the needed contiguous upland by moving the lines, and they could apply for a Special Exception with regards to the setback requirements. Paul added that they could apply for the Special Exception to get the building permit. Mrs. Wenniger stated that they are not going to build right away and this would make this whole thing go on and on. Paul noted that if they are set on having that studio in this
particular spot, then there are certain things that they will need to do such as the building permit process and the wetlands application process. If they are denied then there is a process to appeal those decisions. Mrs. Wenniger asked if this would meet Planning Board approval and Chairman Silverman stated that this would have nothing to do with the Planning Board. Mr. Drew explained to Mr. and Mrs. Wenniger that they could turn the third lot into a building lot by changing the lines, but they would still need to meet the setbacks for the building that they would like to put up. Mr. Drew reworded this and told them that they could move a line and apply for three building lots, but they need to decide what they want to do; change the lines or go to the Zoning Board of Adjustment for relief from the dimensional requirements. Mrs. Wenniger asked if they changed the lines if they would get approval for three lots. Paul said that if the lots meet all of the requirements; frontage and
dimensional, and have adequate access and room for the septic, dwelling, etc., if it meets all of the standard criteria, then there should not be a problem. Mrs. Wenniger noted that the conservation process is rather expensive as you have to have an attorney draw up a contract, etc., but they would like to preserve that land for the future. Mr. and Mrs. Wenniger will discuss this and contact Mr. Drew and/or Margo about rescheduling the public hearing for their pending application. Mr. and Mrs. Wenniger thanked the Board for their time.
Administrative Work
Ø Review and approve meeting minutes from October 5, 2004 – Suzanne Gray moved to approve the minutes of October 5, 2004 as written. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.
Ø Drafted 2005 Budget Update – Margo updated the budget with actual year to date figures. There are no changes in the requested budget for 2005.
Ø Determine amendments to the Land Use Ordinances :
* 127-19 F. Reduction to dimension in the Table of Standard Dimensional Regulations to be by Special Exception – The Board is looking at changing this back to requiring a Variance with the exception of porches and additions.
* Requiring a Certified Plot Plan – Chairman Silverman noted that this could be utilized for both subdivisions and site plan reviews and Margo added that it could be utilized for construction permits as well. As it is now, someone can come in and do a site plan and then change it because it is not a certified plan; a certified plan is recorded with the Registry of Deeds and it would make the record more clear as to what the town asked for and what the applicant agreed to. Furthermore, this would be enforceable. Paul noted that
most banks in NH do not require this and then spoke of subdivisions noting that conditions are recorded when the approved plan is recorded. Chairman Silverman acknowledged this and said that this would be more for site plan review, and if the Board of Selectmen is interested, this could be utilized with construction permits as well. There was quite a bit of discussion about how this would be
utilized and who would review it. With regards to a recording fee, this would be paid by the applicant. Chairman Silverman asked Margo to obtain some information regarding this. Additionally, under Section 219- 6 M. of the Site Plan Review Regulations, the wording should be changed to reflect that the approved Site Plan shall be recorded with the Registry of Deeds, and the Board agreed to review the fee structure (219-4 D.) as well as fees for recording at the Registry of Deeds.
* Recent legislation: RSA 676:4(II)(c) allows Planning Boards to require preliminary reviews of subdivisions – Chairman Silverman explained that the problem with not doing preliminary consultations is that they are not able to control buffers for subdivided lots and he presented an example where a property owner cut right to the property line leaving the abutter without a buffer. Chairman Silverman said that it is better for the Board to see the land in a more raw state. Paul said that
he thinks that it makes good sense to do a preliminary and he understands the point but he doesn’t know if it should be mandatory. Suzanne said that she felt that it is worth the extra time to allow the Board to have a better idea of what the property looks like before any changes are made.
Chairman Silverman moved to adopt that a Preliminary Conceptual Consultation be mandatory for all Subdivision applications. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.
Margo added that there were a couple of other things within the Subdivision Regulations that have been noted to update. Those items include removing “return receipt requested” from the first sentence under Section 221-17. Notification of Hearing. Also, Carlotta had questioned Item D. under Section 221-19. which states that the Planning Board shall conduct an on-site inspection to see that improvements are completed and boundary markers are in place. The Board agreed to change this to “the Board may.” Paul added that Section 221-26. Street
Construction and Improvements should be updated also and suggested deleting paragraph 4 and completely rewriting it to the effect of it complying with the Town of Fitzwilliam’s Road Agent’s specifications. Chairman Silverman asked Paul if he would work on that, to which Paul said that he would. Margo noted that there are some other changes as well that the Board had discussed
which she has in a file.
* Wetlands definitions – This amendment is required per RSA 674:55 – Chairman Silverman asked Margo to review the ordinance and draft verbiage for this.
* Address Temporary Living Quarters – Carlotta gave Margo some additional information she obtained to forward to the Selectmen’s Office.
* Discuss revisions to Section 127-8 A. Agriculture within the Land Use Ordinances – Not reviewed
Correspondence
Ø Notice of Public Hearing from the Town of Winchendon - Reviewed
Ø Invitation from the Fitzwilliam Library to attend “An Evening of Yankee Humor” with Rebecca Rule on Monday, November 1, 2004 at 7:00 p.m. at the Fitzwilliam Library – Reviewed
Ø Notice of Definitive Subdivision Plan from the Town of Winchendon - Reviewed
Carlotta asked to address the issue of multiple uses on one property and noted that she feels that our ordinance restricts this. Referring to section 127-7 of the Land Use Regulations, Carlotta said that our regulations do not allow for more than one type of business within a building. Chairman Silverman said that he thinks that 127-7 is referring to mixing a residential use and a business use that is not a home business. Carlotta questioned if it should say Principal Use Category noting that retail and restaurant are both businesses, and added that they keep getting applications for mixed uses; sometimes it is retail and sometimes it is a combined business and dwelling, and she asked what constitutes the principal use. Chairman Silverman said that the principal use is what the main use is; and anything
else is secondary or an accessory use. He added that he understands what Carlotta is saying but the statement could be made into more general specifics. Carlotta said that she has done some research on this and most towns have provisions for more than one use per lot and certain uses are allowed on certain size lots, as well as with other uses.
Carlotta then mentioned the Board looking at a Phased Development Ordinance or something that would assist with slowing down the growth. Carlotta suggested that they have Eric Twarog from Southwest Region Planning Commission come in and discuss different options that are available as well as discuss what constitutes a cluster development. Discussing a “build out study” was also mentioned.
Margo told the Board that Nancy Lively called to ask about having a quilt shop within her home. Mrs. Lively explained that she has not had dogs in the kennel that she was operating since last spring and she is done with that business. Mrs. Lively would like to open the quilt shop in January or February. Chairman Silverman noted that Mrs. Lively needed to meet with the Board for the new business that she is proposing.
Chairman Silverman told the Board that at their next meeting they would review the amendments that they would like to make to various regulations, ordinances, etc., and they will determine a date to hold the public hearing to do this.
Carlotta moved to adjourn the meeting at 9:23 p.m. Terry Silverman seconded. A unanimous vote in favor of the motion was taken.
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