Town of Fitzwilliam, NH - Planning Board Minutes 03/01/05

Preliminary consultation with Lisa Dimond regarding opening an antiques/collectibles shop at the Crossroads, General Business District. Silverman invited Ms. Dimond to tell the Board her plans. Ms. Dimond said she lives in Fitzwilliam and currently has a booth at Fitzwilliam Antiques. She wants to have her own shop now and has rented a small space in the Crossroads. She plans no interior or exterior changes or signage. Silverman noted that there would be virtually no plumbing use. Landy suggested that she return to the Board if she did plan changes in the future. Silverman said she was “all set.”

Preliminary consultation Louise May regarding a 2 lot subdivision on 17 acres, Map 21, Lot 39, on Brigham Hill Road and East Lake Road, Rural District. Sandy May and Carl Hagstrom presented a letter from Mrs. May authorizing them to represent her tonight. Hagstrom noted there was no survey yet, but pointed out the property and their plans on a tax map. He had done some measurements and concluded that since the subdivided lot fronts on both a Class V and Class VI road, the new lot would have fifty (50) feet of frontage on the Class V and the rest of the frontage on the Class VI road, creating a buildable lot. The Board pointed out that in effect it was a hammerhead lot, and that the plans as shown create the possibility for another hammerhead lot. Hagstrom said the possibility existed that the Class VI road could be upgraded, at which time the first lot would no longer be a hammerhead. Silverman suggested the Mays take the concept to the Board of Selectmen to see if they can get a building permit for this shape lot. Grasewicz also suggested they check town records for the actual distance the Class VI road extends as frontage for the property. Silverman said that if the Selectmen issued a building permit it was OK with the Planning Board.

Public Hearing on a Site Plan Review: Site plan application from Steve Wendell to construct three AM radio towers, access road and transmitter building on property on the east side of Route 12, south of Scott Brook, Tax Map 12, Lot 7-1, General Industrial District. Grasewicz recused himself from the Board as engineer for the Wendell project.

Grasewicz presented the plans to the Board and public. The property is a 567 acre parcel south of Scott Brook. Because AM transmission requires three towers, the plan locates the towers 1,600 feet into the property off Route 12 to reduce visibility from Route 12. They will be 440 feet apart. Trees will shield the towers from view along parts of Route 12, depending on direction of travel. The towers are 295 feet tall and of a triangular

shape three (3) feet by three (3) feet by three (3) feet. They will be placed along a straight path with a temporary gravel road connecting them. Each tower stands on a concrete pier with footing measuring five (5) feet square and is held in place by guy wires, which are anchored in concrete and attach at different heights along the tower, enabling it to collapse vertically rather than horizontally in an emergency.

Grasewicz noted that the road from the first tower to the third tower will be temporary, to be removed after tower construction is completed. This section of road requires two temporary wetlands crossings and the first section, from Route 12 to the first tower, requires one permanent wetlands crossing. Both state and local permits will be needed for this crossing.

Mr. Wendell explained the need for three tall towers for AM transmission, as each tower sends a signal in a different direction. This protects signals from interfering with other AM stations. AM signals bounce rather than travel in a line of sight. He was assigned a low frequency signal, which requires a tower of this height. Higher frequencies, which use a lower tower, were not available. He has obtained a construction permit from the Federal Communications Commission.

Mr. Wendell noted that the radio studio would be located off site, perhaps in town, and connected to the towers by telephone lines. He plans local programming, emphasizing local news and community participation. When asked if the towers had the potential to become antenna farms, he said he plans to invite the Town to co-locate emergency antennas on the towers. An abutter, Mr. Bourassa, asked if space on the tower would be sold for microwave transmission and was assured it would not be. Wendell added that microwave transmission interfered with AM transmission. Grasewicz noted that a separate application would come before the Board if cellular service was to be co-located on a tower.

Pini asked if wetlands had been identified and Grasewicz said yes. Tower bases are not in wetlands but the road requires three wetlands crossings. Tower # 3 is within the wetlands overlay district, being 50 feet from wetlands. Three of the guy wires on tower #3 will be in the wetlands

Wendell told the Board that the towers would probably be lighted, as required by the Federal Aviation Commission. Initially he would transmit at 250 to 600 watts in the daytime and 300 watts at night. After field testing the power may need to be increased to reach the 20-30 mile radius he plans.

Grasewicz summarized the waivers requested by Mr. Wendell. The waiver request is attached to these minutes. Waivers include 1) towers located outside wireless overlay district; 2) towers located within wetlands overlay district; 3) tower height; 4) boundary setbacks; 5) security fencing and 6) landscaping. Silverman noted that no waiver had been requested for tower spacing. Grasewicz agreed that a waiver would be needed.

Silverman asked how far the proposed site was from a previously approved cellular tower site on the Desmond property. Grasewicz thought about 1800 feet but noted that the approval for that facility had probably expired for lack of development. Silverman asked if they had any information on how bird migration flyways would be affected by towers of this height and guy wires. He also asked how far from residential areas the towers were located. Grasewicz will research these questions.

Pini asked if other sites had been considered. Or other sites within the wireless overlay district. Wendell answered, no, their primary concern had been in trying to hide the towers and make less of an impact on the community. A representative of another abutter, the George C. Beals Trust, suggested that pushing the towers back, out of the wireless overlay district, had an adverse effect on property owners abutting the property, decreasing the property value with lighted towers in the view shed. Pini asked if the towers would impinge on anyone’s view of Mt. Monadnock. Grasewicz responded that each location would need to be tested, as trees are the primary shield on people’s property. The towers are too high for a balloon test.

Ms. Schott asked if the Board had a copy of the FAA regulations regarding lighting. They didn’t. Wendell said he would obtain the FAA regulations. Ms. Schott asked the Board to consider if it was appropriate for such a great number of waivers to be requested; if there were any plans for removal of the towers if necessary; and noted that 300 feet is a very, very tall tower, located as it would be between two small local airports. She said we, in Fitzwilliam, value our views.

Silverman asked for other comments at this time. Hearing none, he moved and Pini seconded that the hearing be continued at the March 15, 2005 meeting, due to time constraints tonight. There will be no further noticing of this hearing and it will remain on the Board’s agenda until action is taken.

Public Hearing continued on Subdivision application, Map 10, Lot 83 and Map 11, Lot 16 located between RT 119 and Richmond Road. Patricia and David Spicer, dba Eagle Haven, Inc., plan to create eight residential building lots on a 46 acre property. Richard Drew, David Spicer joined the Board at the table. Drew presented revised plans for a 7-lot subdivision. The revised plan eliminates one lot by moving the boundary line,

thereby increasing the size of two lots. Now all lots exceed the 300 feet frontage requirement. Pini noted that two original lots were being merged for this project and Drew responded that the merger would be achieved within the framework of the subdivision process.

Silverman entered a letter from the Conservation Commission into the record. It is attached to these minutes and notes two primary recommendations: 1) that driveways will be reviewed by the Conservation Commission before building permits are issued; and 2) a certified wetlands expert be hired at the applicant’s expense to review the project in the Spring and make recommendations for protecting the wetlands.

Grasewicz asked about the intermittent stream and Hagstrom agreed with Silverman that it does meet the Town’s definition of wetlands. Grasewicz noted that by eliminating one lot, it removes concern about the intermittent stream. Carmen Yon, Chairman of the Conservation Commission reviewed the plans with the Board and said that he would like the wetlands delineated so the boundaries of the wetlands overlay district can be determined.

Mr. Spicer said he thought they had addressed all of the issues that they knew about. Silverman reviewed minutes of the February 15, 2005 meeting, specifically the concerns raised by the Road Agent and Police Chief, noting that the Chief did not have purview to remark on the appropriateness of the subdivision. Silverman said the condition of Richmond Road and the driveways on NH Route 119 still concern him. He remarked that it is a horrible stretch on NH Route 119 and that most of the land in the proposed subdivision is bony, rocky and wet. Pini asked if there was anything the applicant could do to improve the road. Silverman said the road was steep on one side and drops off on the other. Pini said trees could be cut and banks plowed down. Silverman noted that people like trees and the rural character they engender.

Mr. Spicer said the Road Agent would be part of any decision making about tree cutting. Pini said she didn’t attend the site walk of the lots on NH Route 119 but the Conservation Commission had real concerns. She wondered if those concerns could be addressed in the spring. Grasewicz said he thought there would be no problem as long as erosion controls were put in place. Hagstrom was asked when he did the wetlands delineation and he responded in August. Drew said he surveyed the site in September. Grasewicz noted that four lots would require wetland permits for driveways.

Silverman said he saw one good lot on Route 119 and two good lots on Richmond Road. Spicer reminded the Board that all the proposed lots meet Town requirements. Silverman noted that a subdivision is not a right; it’s an economic development in the developer’s

interests. Silverman said the Planning Board is charged with the good of the town and the highest use of the land. Mr. Spicer remarked that it sounded like a taking to him. Silverman noted that he had seen subdivision proposals he opposed on paper but changed his mind after the site walk; however, he viewed this subdivision as much worse after the site walk due to the nature of the land. It is his personal opinion that these are not residential properties. He said that a smaller subdivision would still allow the Spicers to make ample use of their property.

Grasewicz responded to a question about the lots by saying the land was tough, but we overcome tough land all the time. There is room for a house and septic system on these tough lots. He agreed most of the lots were tough to build on. He wants the Conservation Commission to review the driveways and to have site plans for each lot reviewed. Landy noted that with careful engineering buildable lots can be carved out. He wondered if adding more traffic to Richmond Road would make it even more dangerous. Silverman asked it there was any new data to add. Drew noted that a winding road is not a bad thing, keeping speed down to 20-25 mph. Landy said that people don’t want the road widened and there are no plans to do so. Silverman thought that smoothing the road and straightening it might even exacerbate the problems. Pini wondered if the subdivision would require the Town to work on the road sooner than planned. Silverman didn’t think so.

Preliminary consultation with Carolyn Edwards dba Sunflowers Café: regarding change in signage for her Café at the Crossroads, Map 43, Lot 27. Ms. Edwards showed the Board her proposed new sign, noting that it was an 8 X 5 foot oval designed by Coni Porter to replace the originally proposed rectangular sign on the Route 12 side of the Crossroads. Silverman said the sign was OK, as long as Ms. Edwards obtains a new sign permit from the Board of Selectmen. Ms. Edwards asked if she could have any other signs. Landy suggested she consult with the Selectmen or perhaps make a temporary sign that can be removed when the business is closed.

belonging to Josephine Plaszewski, at the intersection of RT 119 and RT 12, Map 34, Lot 29, General Business District. Mr. Ledwell presented drawings of the concept, saying the stand would be a temporary structure, removable after the growing season. He noted the Farm wanted it to look as “country” as possible.

Silverman noted that farm stands are allowed but only when located on the farmer’s land. This is a remote sales location, or a secondary use for the property. Grasewicz suggested it was like a vendor and the vendor permit could be renewed for up to 180 days.

Landy asked how this was different from the various retail stores in the Crossroads. Silverman said the Crossroads is enclosed and asked if the Board wanted to allow accessory vendors on commercial properties. Grasewicz said the Town has a vendor permitting process and there is precedence with the vendor operation at the liquor store.

Grasewicz would want site plan approval and to insure there was parking and the stand was out of the state’s right of way for Route 12. He referred to Chapter 200-9 of the Town Code for right of way and setback guidance. Landy asked why the Farm didn’t market from existing farm markets in Jaffrey and Keene. Silverman suggested that maybe the veterans wanted to interact with the local community. The Board suggested Mr. Ledwell check with the Board of Selectmen for a vendor permit then return to the Planning Board with a site plan, showing dimensions of the existing building, proposed farm stand, right of way, setbacks and parking.

Public Hearing continued on Proposed Growth Management Ordinance and amendments to Subdivision Regulations: Discussion of proposed Growth Management Ordinance. Discussion of a proposed amendment to Subdivision Regulations; amending Section 221-4 to come into compliance with RSA 675:6 by deleting the words “…and the Cheshire County Register of Deeds.”

Silverman read the proposed subdivision regulation amendment, noting that the change just brings the regulation into conformity with the State statute. Landy moved, Pini seconded and the Board voted to approve the change. Section 221-4 now reads: No subdivision regulations or amendment or exception thereto, adopted under RSA 674:35-42, shall be legal and have any force and effect until copies of such, certified by a majority of the members of the Planning Board, are filed with the Town Clerk.

Silverman asked if the Board had heard any comments on the Growth Management Ordinance. Clukey said he’d had some questions and Landy had heard some comments regarding a possible increase in affordable housing development, since this kind of development is exempt from the GMO. Pini reminded the Board that the Southwest Regional Planning Commission stated that Fitzwilliam did not have enough affordable housing to meet regional requirements.

Administrative: Andrew Walters asked the Board about their position on SB121, which 1) reduces the minimum separation distance between ATV trails and a public water supply and 2) eliminates the authority of local planning boards to review site plans for ATV or trail bike trails. The Board drafted a letter to be sent to Senator Eaton and to the chair of the Senate Environment and Wildlife Committee.