Town of Fitzwilliam, NH - Planning Board Minutes 04/19/05

Members present: Terry Silverman, Chairman, Robin Haynes, Carlotta Lilback Pini, Margo Best, Selectmen’s representative and Carole Beckwith, alternate. Paul Grasewicz, alternate, was also present but not seated.

Mrs. Eddy distributed maps of the property. Silverman reported that Board members did a site walk on Monday, April 11, 2005. They walked from the house across proposed lots 2 and 3 and he reported that his impression was that the land was suitable for subdivision. Pini and Haynes concurred that it was typical upland woodland.

Pini moved, Haynes seconded and the Board unanimously approved John and Laura Eddy’s 3-lot subdivision of land on Templeton Turnpike, Tax Map 03-Lot 30 in the Rural District. Silverman and Haynes signed the Mylar and plats.

Preliminary consultation Lee Parsons: to discuss his computer repair business located at the Crossroads. Mr. Parsons told the Board he’d leased two suites at the Crossroads, one of which serves as a repair area and the other is for sales. Haynes asked if he still operated at his previous location and he said no. Haynes determined his business now was located in the General Business district and was an allowed use. Pini asked if he was planning additional signage. Mr. Parsons said he would like a quarter board sign, which is a wooden carved sign about 18 inches by 6 feet, placed over his window facing Route 119. It would not be lighted.

Silverman noted that Mr. Parsons needed to have a conversation with the Crossroads about signage as the site plan application for the business park did not include separate signage for leasing businesses. Silverman suggested he talk with the Selectmen about signage also. Silverman told him he was all set regarding appropriate use of the space.

Minutes: The Board reviewed the minutes of the April 5, 2005 meeting. Haynes noted a clarification on page 2 and Pini asked for clarification on the exemption from slope requirements for the Parker house lot. Grasewicz referred to the amended subdivision regulations Section 221-24, which states “Said requirement (regarding slopes) does not apply to that portion/lot of a subdivision containing an existing dwelling/primary structure.” Haynes moved, Pini seconded and the Board approved the minutes as corrected.

Administrative: Silverman read two notices of decision from the Zoning Board: Julie Skinner was granted a special exception for a retail business in the residential district; and Gap Mountain Drilling was granted a variance to exceed the height requirement for a building in the General Industrial District.

Richard Drew presented the subdivision plat, noting proposed lots, driveways and wetlands and asked for the Board’s input. Silverman confirmed that all lots had the required 250 feet of frontage. Drew acknowledged that some lots had 300 feet of frontage. Drew called the Board’s attention to three lots with acreage less than 5 acres and 6 lots with acreage ranging from 5 to 23 acres, noting that all lots meet Fitzwilliam subdivision criteria regarding slopes and contiguous upland.

Two driveways access seven lots and one exceeds the allowable length. They will request a waiver. Grasewicz asked if there was some problem with having more driveways off Route 119 and Drew said yes. Sight distances are a problem and these are the only driveway entrances the state will approve off Route 119. Drew acknowledged the land was a challenge to subdivide, with abandoned gravel pits and quarry sites which will be outlined on other plans.

Silverman asked what alternative plans Drew may have. Silverman said he was pretty uncomfortable with the driveways. Pini concurred that having a shared driveway for four lots was problematic. Drew referred to the subdivision regulations Section 221-24I, reading “ Common drives should normally not serve more than three lots, but may, at the Board’s discretion, serve more than three lots in consideration of limited highway access, wetland preservation, vegetative screening, etc.” Silverman noted that some lots have wetlands completely across their proposed road frontage. Haynes asked when the wetlands were delineated and Drew replied August 2004.

Haynes thought the other driveway, serving three lots, was problematic too. Drew noted that wetlands crossings will involve 1,800 square feet of wetlands. He has applied for an expedited wetlands permit. To meet regulations, driveways of the proposed length must be 16 feet wide and paved to street standards. Haynes noted it would take more than one site walk to properly review the site.

Drew summarized the Board’s feeling that driveways are the main concern. Silverman added he thought frontage in wetlands was not in the spirit of the ordinances and he didn’t like it. The long driveways are necessitated by frontage on wetlands. Beckwith

confirmed that the state had indicated where driveways can be located. Silverman said it’s the wetlands that make other locations for driveways impossible. Grasewicz remarked that the state is trying to limit driveway access off Route 119, no matter how much frontage you have. Grasewicz said shared driveways are generally not built to serve more than 20 dwelling units, and that is in urban settings. No one who has 300 feet of frontage would build a long driveway, it’s not economical.

Public Hearing continued Radio Towers: 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.

Mr. Wendell said the balloon test was performed from 10AM to 12:15 PM on Saturday April 9, 2005. The balloons reached 280 – 300 feet, depending on the wind and were launched between the second and third towers. He photographed the area from various vantage points around town and distributed photographs pointing out locations where the balloons could be seen and where they couldn’t. He said they couldn’t be seen from Warren Hill Road and Route 12 or farther up Warren Hill Road, or from Route 119 and Route 12. Grasewicz noted he could see them from the post office.

Pini clarified that at one time one of the tower supports was in the wireless overlay district. Wendell noted that after the site walk all towers were relocated out of wetlands. He went on to say he would provide co-location of antennae for all town emergency services and would offer space to cellular service providers. As an independent radio station, not a part of a conglomerate, the station will broadcast non-political content, school closings, emergency and disaster alerts, offer free public service announcements to local non profit organizations and discounted ads to Fitzwilliam businesses. Town officials will have an opportunity to participate in talk shows and conduct interactive radio forums with citizens. The station will offer high school and college internships. He described the radio business as a non-polluting community business and said the town would benefit from having the towers, as there would be no need for anymore towers in the future – all services could co-locate on these towers.

Pini clarified the necessity for the tower height and asked if indeed the towers would not exceed the proposed height. Wendell said the height of 287 – 291 feet was the absolute minimum necessary for the FCC approved 540 AM frequency and they would not be higher. Pini asked why he had chosen a wooded area for the towers. Wendell explained

that AM signals bounce off ground, water, clouds and even the moon. The proposed site, with water and woods, produces a great signal. Pini asked about underground wires. Wendell told her the towers will be connected and wires for electricity could go above or below ground at the Board’s discretion. He noted that radiation for the towers drops off at 3 feet from the tower. Pini asked if he intended to rent space for repeaters or transmitters and he said he had no plans, but would consider it. Nancy Carney told the Board the ambulance and fire emergency services were already co-located on an existing tower and tests were being conducted. She wasn’t sure what the police were planning. Wendell suggested he could provide redundancy for those services.

Silverman noted that he personally had a great problem with the height of the towers. While the photos show there may be a modest effect, a lighted tower will impact the view shed. Other problems include the fact that the towers are located outside the Wireless Communication Overlay District and their proximity to wetlands. He’s not comfortable with the project in general. The town already has services the towers could provide, particularly now that the town has internet access. Beckwith noted the town website is open to all.

Silverman asked if there were any questions or comments from the public. Hearing none, he asked the Board to vote first on the waivers presented in a memo dated March 15, 2005 from Mr. Wendell. He read from the Wireless Protection Overlay District regulations guiding decision-making on waivers, Section 127-16.2H, noting “The Board shall not approve any waiver(s) unless a majority of those present and voting shall find that all the following apply:

(d) A particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver. Factors to be considered in determining the existence of a hardship shall include, but not be limited to:

1. Use Districts: The proposed towers are located outside the overlay district (i.e. more than 300 yards from the center of Route 12). The waiver is requested and justified by the specific design requirements of this application. The proposed tower heights are 295 feet and spaced at 440 feet between each of the three towers. Although the location is more costly to the applicant, it is in the town’s best interest to allow the placement farther back on the property to reduce visibility.

a. Waiver 1 – Use District – proposed towers are located outside the overlay district. The Board voted 4 nays, 1 aye, concluding it would be injurious to other property and would not promote public interest.

b. Waiver 1 – Use District – proposed towers are located outside the overlay district. The board voted 5 nays, 0 ayes, concluding the waiver would vary the provisions of the Town of Fitzwilliam Zoning Ordinance and Fitzwilliam Master Plan.

c. Waiver 1 – Use District – proposed towers are located outside the overlay district. The Board voted 5 nays, 0 ayes, concluding the waiver would not secure the objectives, standards and requirements of these regulations.

d. Waiver 1 – Use District – proposed towers are located outside the overlay district. The Board voted 5 nays, 0 ayes, concluding no particular and identifiable hardship exists or a specific circumstance warrants the granting of this waiver.

2. Height Requirements: The proposed height of the towers is approximately 295 feet. This height is required for operational functionality of the AM station at the available design frequency (540). The height will allow for co-location by others. The remoteness, tree cover and topography of the site will ensure minimal visibility.

a. Waiver 2 – Height Requirements – proposed towers are approximately 295 feet, 215 feet more than regulations permit. The Board voted 5 nays, 0 ayes, concluding the towers would be detrimental to the public safety, health or welfare or injurious to other property and will not promote the public interest.

b. Waiver 2 – Height Requirements – proposed towers are approximately 295 feet, 215 feet more than regulations permit. The Board voted 5 nays, 0 ayes, concluding the waiver would vary the provisions of the Town of Fitzwilliam Zoning Ordinance and Fitzwilliam Master Plan.

c. Waiver 2 – Height Requirements – proposed towers are approximately 295 feet, 215 feet more than regulations permit. The Board voted 5 nays, 0 ayes, concluding this waiver would not substantially secure the objectives, standards and requirements of these regulations.

d. Waiver 2 – Height Requirements – proposed towers are approximately 295 feet, 215 feet more than regulations permit. The Board voted 5 nays, 0 ayes, concluding no particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver, suggesting alternative sites were not thoroughly investigated.

a. Waiver 3 – 125% height setbacks – proposed towers are designed and guyed to collapse vertically rather than horizontally. The Board voted 3 abstains, 2 ayes, concluding the vertical collapse design may negate the need for the 125% setback and therefore would not be detrimental to public safety.

b. Waiver 3 – 125% height setbacks – proposed towers are designed and guyed to collapse vertically rather than horizontally. The Board voted 3 nays, 2 abstain, concluding the waiver would vary provisions of the Town of Fitzwilliam Zoning Ordinance and Fitzwilliam Master Plan.

c. Waiver 3 – 125% height setbacks – proposed towers are designed and guyed to collapse vertically rather than horizontally. The board voted 5 nays, 0 aye, concluding this waiver would not substantially secure the objectives, standards and requirements of these regulations.

d. Waiver 3 – 125% height setbacks – proposed towers are designed and guyed to collapse vertically rather than horizontally. The Board voted 3 nays, 1 aye, 1 abstain, concluding no particular hardship exists or a specific circumstance warrants the granting of a waiver.

4. Towers shall not be located within 3.5 miles (stet) miles of any existing tower. The proposed towers are 440 feet from each adjacent tower, necessary to transmit an AM signal. The proposed towers are also 2.6 miles from the Roy Bros. tower. Co-location has been offered to Roy Bros. and we cannot co-locate on their tower.

b. Waiver 4 – proposed towers are located within 3.5 miles of an existing tower. The Board voted 4 nays, 1 abstain concluding the waiver would vary provisions of the Town of Fitzwilliam Zoning Ordinance and Fitzwilliam Master Plan.

c. Waiver 4 – proposed towers are located within 3.5 miles of an existing tower. The Board voted 5 nays, 0 ayes, concluding this waiver would not substantially secure the objectives, standards and requirements of these regulations.

d. Waiver 4 – proposed towers are located within 3.5 miles of an existing tower. The Board voted 3 nay, 2 abstain, concluding no particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver.

a. Waiver 6 – landscaping – the proposed site of the towers is located in the woods, not visible from the road. The Board voted 4 ayes, 1 abstain, concluding the granting of the waiver may not be detrimental to the public safety, health or welfare or injurious to other property and may promote the public interest.

b. Waiver 6 – landscaping – the proposed site of the towers is located in the woods, not visible from the road. The Board voted 3 abstain, 1 aye, 1 nay, inconclusive about whether the waiver would or would not vary provisions of the Town of Fitzwilliam Zoning Ordinance and Fitzwilliam Master Plan.

c. Waiver 6 – landscaping – the proposed site of the towers is located in the woods, not visible from the road. The Board voted 3 abstain, 2 ayes, concluding this waiver will substantially secure the objectives, standards and requirements of these regulations.

d. Waiver 6 – landscaping – the proposed site of the towers is located in the woods, not visible from the road. The Board voted 3 abstains, 2 ayes, concluding landscaping may not be necessary considering topography and other site features.

Silverman asked for a motion regarding the 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.

Haynes moved to deny this application and Pini seconded. Silverman, hearing no further discussion called for a vote. The Board voted unanimously to deny the Site Plan application. A Notice of Decision will be sent to the owner and relevant parties.

Mr. Bussiere introduced himself as a retired corrections officer, living in town for three years. He goes to automobile auctions and wants to act as an agent for individuals who want to purchase a car at auction. After attending auctions himself, he plans to get a dealer’s license and plates so he can test drive cars he’s interested in before purchasing. Bailey’s garage will provide back-up support for mechanical work and inspections stickers. Mr. Bussiere plans no change to his home property, and will not store cars on the property. He will not repair cars at home, nor will he broker salvage titles.

He said it is an expensive business to get into and he will need to be bonded. Beckwith asked if he has looked ahead to increased business. Mr. Bussiere responded he will take one customer at a time. Beckwith asked about competition and he said he thinks there isn’t any – maybe a person in Marlboro. It seems that no one sells inexpensive cars locally. Best asked if he plans to buy cars and resell them himself and he said no, he didn’t have that kind of money, but if he gets stuck with one he’ll take it back to auction.

Haynes noted that it doesn’t really fit either home business or home occupation categories. Silverman moved to classify it as a home business so the Board can do a site plan review and place the restrictions on the business that Mr. Bussiere articulated. Pini seconded and the Board passed the motion unanimously. Mr. Bussiere was asked to bring photos, a sketch of the land and site plan application to the hearing. Silverman offered to waive the application fee and charge only the abutter and notice fees.

Ms. Christian introduced herself, saying she moved into the Cranberry House, as it is known, and will have a small shop on the front left side of the building. She will use the rest of the space as living space. She has leased the space and it is zoned for business/residential. She asked about signage and Silverman directed her to the Selectmen. In response to a question about a gardening shed, Silverman directed her to the Selectmen for a building permit, as long as there were no setback issues.

Pini said she would recuse herself if a public hearing is held on this issue, but would sit in for this preliminary discussion. Mr. Booher plans to divide one lot from his 16 acre property. Silverman asked how big a lot and he responded whatever a realtor can sell. Silverman directed him to the land use regulations, particularly the Table of Standard Dimensions regarding size of lot, frontage, etc.

Grasewicz asked if Webb Hill Road was Class V all the way and Silverman said yes. Silverman also asked about wetlands, and encouraged Mr. Booher to check the wetlands regulations. Within a 3 acre lot, 90,000 square feet must be contiguous upland (non-wetland). Silverman encouraged Mr. Booher to get someone to help him measure and sketch an accurate map of the land and the lot he wishes to subdivide. Pini said he might need a surveyor or engineer to help.

Edward and Michael Methe presented their concept. To comply with new EPA regulations, cars must now be smashed on a pad that is equipped to contain fluids and materials released. EPA also requires two new buildings, one with a retaining wall to

When asked about wetlands, they noted there was a small wetland on the lot, about 50 feet by 60 feet. One building will be at least 100 feet away from the wetland. The pad will be 75 feet from the state right of way and 150 feet from the wetland. Both buildings will be 200 feet from the highway. Haynes confirmed that neither pad nor buildings will be within the wetland setbacks. Beckwith asked if liners were required and Mr. Methe said no, the retainers are designed to hold up to 10% of the liquid in the whole container. The Board looked at the sketches.

Silverman said the Board would need a Site Plan review. Best confirmed that the business is in the General Industrial District and is a permitted business. Mr. Methe confirmed the business has been on the site for forty years. He noted that this plan was in its infancy but he’ll begin the site plan review process.

Silverman asked Ms. Carney why she had attended the meeting. She said she came for educational purposes, and the fire wards plan to send someone to every meeting to try and help the Board in their deliberations. The Board agreed that was a great idea. When asked how she could best participate, Silverman invited her to ask questions anytime she had one.