Town of Fitzwilliam, NH - Planning Board Minutes 01/04/05

Members present: Terry Silverman; Chairman, Suzanne Gray, Robin Haynes, Macreay Landy, Carlotta Lilback Pini and Andrew Clukey, Selectmen’s representative.

Public Hearing on Subdivision Regulations Amendments: Silverman asked for public comment. Hearing none, he asked for Board discussion. In response to a member’s question, he noted that one of the Land Use Ordinances (LUO) pursuant to NH RSA 674.35, which will be presented at Town Meeting, will be added to the Subdivision Regulations if it is approved. Haynes asked about the proposed amendments to the wetlands LUO. The Board discussed how the new language, if passed at Town Meeting, would fit into the existing ordinance. The new definition will be added and the existing sections will be rearranged.

The Board then considered several revisions of Subdivision Regulations pursuant to NH RSA 221-25 and 221-26. Since Paul Grasewicz drafted the suggested revisions and was not able to attend this evening’s meeting, the issue was postponed until the next meeting. Several members wondered if the Road Agent had seen the revisions.

Silverman moved, Landy seconded and the Board approved a motion to carry forward the LUO amendments as modified and continue the public hearing. They will discuss them for acceptance at the next meeting.

Silverman moved, Haynes seconded and the Board approved a motion to carry forward the subdivision regulations amendments numbers 1-4 for discussion.

Silverman moved, Haynes seconded and the Board approved a motion to table the discussion of amendment #4 of the subdivision regulations until the next meeting. He noted that others who aren’t in attendance may have feelings on the issue.

Preliminary Consultation with Doug Savage: Mr. Savage presented a conservation design concept for a subdivision of land he is planning to purchase. The property consists 350 acres, known as Elephant Rock Farm, and is located off Route 119 E. Jaffrey Road bisects the property.

He showed the Board plans for a conventional subdivision in MA he is working on, and compared them to plans for a conservation design subdivision for the same property.

A conservation design allows 50% or more land to be set aside as open space, with homes built on smaller lot sizes than normally allowed under subdivision regulations. Houses are clustered in ways that provide for open space and preservation of historic and natural features.

Mr. Savage then presented his conservation design for the Elephant Rock Farm property. He plans to subdivide the land into 58 building lots, excluding the existing farm house and barn. The plans currently call for both 2 and 3 acre lots and a 4-year phased development.

Silverman noted that that number of houses could increase the population of Fitzwilliam by 10% over 4 years and asked Mr. Savage if he thought that rate of development would upset the Town. Savage responded that he was an advocate for smart growth, but that ideally the property could be purchased and preserved rather than developed. He noted that he thought growth was inevitable, the land was being actively marketed and he was happy with the conservation design approach. When asked if the number of lots could be reduced, he said a certain number of lots were needed to make the project cost effective.

Clukey remarked that one has to consider the impact on the Town infrastructure. Pini asked if Savage was planning the number of lots based on existing road frontage. He answered no, that new roads would be constructed. When asked he said the asking price for the property in question was $1.4 million dollars.

Landy noted that to add 58 lots to this small town would add to the existing tax burden. Revenue from the new taxes would not balance the cost of providing services and building infrastructure. He said that clustering makes sense but the Town spends $6-7 thousand dollars for each student now and 58 new homes could potentially generate 116 students. Pini questioned adding new roads when it is difficult to keep up with maintaining and servicing existing roads.

Silverman asked what kind of compromise could there be? Reducing the number of lots to 20? He commented that the design doesn’t look anything like Fitzwilliam, the number of proposed driveways on Route 119 is abhorrent, and he wouldn’t want to see any development from Jaffrey Road. Said he’d like to see a cost analysis based on how it is currently designed compared to an alternative plan for a smaller development.

Haynes remarked that there were major wetlands and granite holes on the property. All agreed that test holes were called for to see it the land could support a subdivision of this

size. When asked, Savage said he had read the Town subdivision regulations, given to him by a representative of the Southwest Regional Planning Commission.

Silverman asked how the land to be preserved as open space was selected. Savage responded that they tried to find uninterrupted land (corridors), historical and natural features, and scenic vistas to preserve. There were some wetlands also.

Silverman said it wasn’t the concept they had trouble with, but the impact on townspeople who have an increasing tax burden, and on a Town with two increasingly busy roads running through it.

Silverman noted that Fitzwilliam is a community with lots of land compared to infrastructure and this design doesn’t speak to how to preserve the community. He asked Mr. Savage to come back to the Board with a plan based on the property that’s out there (what he finds after digging test holes and identifying wetlands).

Michael Prentiss d/b/a Little Shop Manufacturing - to discuss expansion of his motorcycle and automobile inspection services by allowing more vehicles at his business located at 421 NH RT 119 West, Tax Map 10; Lot 85 in the Rural District.

Prentiss presented plans and photos of the area he proposes to use for additional parking. Board members asked about an old well (not active) and a stream (flows well away from the area in question).

Pini asked if a fence could be erected to screen the parking area from passing motorists. Landy would also like to see a fence or buffer of some kind from the road. Gray asked about toxic products on the property and Prentiss responded that all oil, batteries and plastic containers were disposed of properly and that no container with any liquid in it is ever outside the garage.

Silverman asked if the Board saw this as an expansion of the business and if they had any problem with Prentiss parking 6 cars there? Consensus of the Board was that it was not an expansion of the business. Prentiss left the meeting.

George Patten regarding 444 East Lake Road, Map 23, lot 4: According to Mr. Patten, he and his wife plan to retire to the proposed site in summer and winter in Florida. They came before the Board last year and were directed to DES for any waivers needed. The Department of Environmental Services found the “existing dwelling to be ‘abandoned’ and the site to be a ‘nonconforming lot of record’”. They issued a determination that the “single-family home construction, as shown on the submitted plans, allows the maximum possible setback from Laurel Lake and therefore meets the criteria of RSA 483-B:10.”

The Board looked at Mr. Patten’s drawings and discussed various issues. Silverman suggested he come back to the Board with all necessary applications for a preliminary consultation. In the Town’s eyes, Patten is starting from scratch, since the property has been vacant for so long. The Board will need to see a diagram of the building, the dimensions and setbacks, parking plans, erosion control and any wetlands issues addressed. He agreed and thanked the Board.

Minutes: The Board reviewed the December 21, 2004 minutes. Gray moved, Landy seconded and the Board approved the minutes as written, with typo corrected.

Voluntary Merger: The NH Municipal Association was contacted for an opinion about a voluntary merger of two lots that are bisected by a Class VI road. The legal services attorney noted that 1) abutters own the land underneath a Class VI road, and 2) the Class VI road would not go away if the lots were merged. Several Board members suggested that if Ms. Wallace wants the merger to reduce a tax burden, then perhaps there is another solution. Silverman suggested the Board make Ms. Wallace aware of their thoughts.

Carl Goldknopf called to ask several questions about interpretation of Land Use Ordinances 127-18 G (2) and E (1). The Board suggested he meet with them.