Town of Fitzwilliam, NH - Planning Board Minutes 01/18/05

Voluntary Merger: The Board met with MR. and Mrs. Pizer, abutters, and Mr. Walling, a realtor, to discuss their concerns regarding the voluntary merger of two lots owned by Barbara Wallace, Map 15, lot 03-05 and lot 03-09. Silverman pointed out that the Board had advice of counsel urging caution and the Town’s Land Use Ordinance under Article I, 127-3 defines lot as ‘an area of land undivided by any street…’ He asked for discussion. Mr. and Mrs. Pizer attended with an attorney, Beth Fernald. Mrs. Pizer expressed their concern. They have lived on their property for thirteen years and had understood that a lot with frontage on a Class VI road is not buildable. They had expressed an interest buying the lot in question at one time. They were also interested in purchasing the front lot and did a site plan for it, discovering that it was not buildable because of wetlands.

Ms. Fernald read RSA 674:39-a, voluntary mergers, noting that the two lots are divided by a street and therefore are not contiguous. She noted that the Board of Selectmen appraise and assess two lots that are not contiguous separately. She suggested that merging two lots across a street could be precedent setting and not in the Town’s best interests.

Mr. Walling pointed out that the Pizers are living in the same situation, owning the sister lot adjoining the landlocked Wallace lot. They have been crossing Wallace property to access their property. As a realtor, he noted that the two Wallace lots are nonconforming but would be buildable if combined and he has listed them with the restriction that they are sold together. The Board reviewed the maps and survey he provided.

Mrs. Pizer brought the Board’s attention to a letter from the Town written in the late 1970’s regarding a road that survived a defunct subdivision, which, while never registered as such, designated it as a road for the purpose of accessing the then Rumba property. Pizers purchased the property from Rumba and use the road to access their property.

copy of the proposed changes to Article IV, 221-12 and Article VI 221-22, 24A, 221-24.1 was distributed to those who wanted it. Silverman asked for questions. Mr. Filipi noted that some towns have adopted similar regulations but with less restrictive slope requirements. Silverman responded that 15% is found to be common to other ordinances of this type and the proposed amendment does not state that the required 40,000 square feet minimum contiguous area with land slopes of 15% or less must be used for building.

Landy asked if Filipi wanted to increase the slope or decrease the minimum square footage. Filipi would prefer an increased slope, noting that septic systems require a 3:1 pitch. There was some discussion of various scenarios with smaller square footage or larger slopes and they were directed to the ZBA for relief if necessary. John Tomilla asked what the reason for this regulation was and Landy responded that the Master Plan and the Capital Improvements Plan called for protection of the rural character of the Town. Haynes noted this was actually less restrictive than some towns. There was more discussion about the cost in time and money to go to the ZBA. Filipi noted that if the regulations get too restrictive only large corporations can afford to come in and develop the land. He said we need a balance.

Silverman noted that with all the talk about taxes it is development that drives taxes up. If this regulation is too restrictive it can be relaxed, but development of the land in an unregulated environment cannot be rescinded. He said he’d be comfortable with increasing the slope requirement to 20%, indicating Filipi makes a good point.

Carmen Yon said this regulation is a way to limit development. It is a needed amendment, and is beneficial in preserving the character of the land. Pini noted that the Conservation Commission did a lot of work on these issues as they researched a Conservation overlay district, and now it’s time for the Planning Board to do something. Silverman noted the slope requirement would not apply to lots of record, but to future subdivision lots. Filipi noted that a driveway with a maximum slope of 15% is not a bad maximum.

The Board revisited the Land Use Ordinance amendments that will be on the Town Meeting ballot in March. Silverman stated the amendments are housekeeping in nature. Hearing no discussion, Silverman called for a vote. Landy moved, Haynes seconded and the Board voted to accept the Land Use Ordinance amendments to be placed on the Town Meeting ballot.

The Board discussed amendments to the subdivision regulations that incorporate or resolve discrepancies with the Standard Road Specifications of the Town of Fitzwilliam. Article VI, 221-25D, F, G, and 221-26B-2, 3 and 4 are affected. Silverman noted that these amendments just bring the regulations into compliance with standards Town has been using for years. They fielded several questions on meaning, basically engineering terms. There being no further questions or discussion, Haynes moved, Landy seconded and the Board approved these amendments to the subdivision regulations as written.

Appointment: George Patten presented sketches of the proposed changes to his property on Laurel Lake, Map 23, Lot 4. He reiterated the history of the property for the Board. He asked for and was granted a special exception on the property in 1991 but took no action on it. In spring of 2004 he applied for but withdrew another application for a special exception. In the meantime he has contacted DES and they have given him an OK to move ahead with the plans he presented to them. Patten says the foundation is so degraded that it will need to be rebuilt and he proposes altering the footprint, which was acceptable to DES.

Silverman noted that the property has not been used or worked on since 1991, and asked if this was an application in 2005 for new construction for a pre-existing nonconforming use? Landy noted the plans call for increasing the size of the footprint too. Patten said he planned to have a deck and float that would be removable in the winter. He proposes a two story structure.

Pini called the Board’s attention to Article VIII, 127-36C that enables restoration of nonconforming structures if a special exception is granted by the ZBA. Patten agreed that he would be replacing one nonconforming use with another nonconforming use. Pini clarified that the use was not changing, only the structure. Patten agreed.

Appointment: Donald Thompson presented his proposal to the Board for locating a mobile home on his property on Templeton road, Map 21, lot 7. A cabin already exists on the lot and Silverman asked what he would do with it, since only one dwelling is allowed per lot. Thompson still wants to keep the cabin, but may dismantle it as a dwelling. Silverman said he didn’t believe this was an issue for the Planning Board and suggested Mr. Thompson bring it to the Board of Selectmen for a building permit.

Growth Management Ordinance (GMO): Pini stated that the Board has been talking about different options for managing growth for awhile, for example, considering a Conservation District Overlay, increasing the lot size requirement, and developing new subdivision regulations. We watched Rindge adopt a growth management ordinance and felt it was time to do some research to see if a GMO was appropriate for Fitzwilliam. She and Suzanne Gray did research and found data to support enactment of a GMO. Pini presented a Findings of Fact document that outlines the various factors impacted by growth in the Town. Summarizing the document, Pini noted Fitzwilliam already has in place a Master Plan, zoning ordinances and a capital improvement plan. Further, the Town has shown its support for preserving open space in many ways, including allocating funds to the Conservation Fund at Town Meeting in March 2004 for protecting land, and appropriating funds for the purchase of 157 acres of land, to be known as the Katie Metzger Forest at Town Meeting in 2002. She referred to Appendices A – H, which indicate the impact of growth on the schools, building maintenance and repair, equipment repair and replacement. Fitzwilliam is growing at a rate that exceeds our own historic growth rate and that of abutting towns. The Capital Improvement Plan

The proposed GMO for Fitzwilliam is based on Rindge’s. Pini reviewed other GMOs and some seek to limit the number of lots that can be subdivided each year and others seek to limit the number of building permits per year. The GMO that is proposed for Fitzwilliam limits the number of building permits issued each year and Pini reviewed the methodology for achieving that goal. This proposal exempts existing subdivisions.

Discussion began on the ordinance itself. Reading the methodology for limiting building permits and assuming the ordinance was in effect for 2005, Landy asked if the ordinance as drafted meant that 16 building permits would be issued in 2005, with 45% allocated to owner/occupant applicants, and 55% allocated to new development? Pini agreed and

added that subdivisions approved prior to posting of this hearing on January 19, 2005 would be exempt. There are self-correcting mechanisms in place that enable any remaining building permits in a calendar year to be distributed after December 1. The number of building permits to be issued each year is calculated based on the data from abutting towns and from Fitzwilliam’s previous year’s experience.

Appointment: Members of the Conservation Commission met with the Board to discuss the preservation of open space. Silverman noted that it is hard to tell people they can’t build on open space, and the Board is just trying to keep growth manageable. Dorothy Zug presented a proposal to hold a Forum for Community Vision, which would bring the community together to develop a common/shared vision of the future of Fitzwilliam.

Other towns have produced these forums, which bring together a cross section of the community who develop a shared vision that guides planning for the future. The forum is sponsored and presented by Antioch and they provide the framework and structure for the forum. The Conservation Commission is asking the Board for $6,000 to produce the forum. Silverman noted that the budgets for 2005 have been finalized already. Pini suggested the Board of Selectmen may consider a warrant article. Silverman suggested the warrant could ask for a committee to be formed to plan this event, involving the town from the beginning. A member of the Commission said that someone from Antioch could make a presentation to the planning committee.