Town of Fitzwilliam, NH - Planning Board Minutes 07/05/05

Conservation Commission: Dorothy Zug introduced members of the Commission attending and presented a letter to the Planning Board recommending the establishment of a Steering Committee to plan for a Community Forum. As the Town plans for growth and development, conservation and preservation of resources, increased economic development and prepares a new Master Plan, a Community Forum can help people work together to shape the future of the community. The Conservation Commission supports community forums and believes the Planning Board is the instrument to guide the effort to hold a Community Forum in Fitzwilliam. Community Forums are facilitated by various groups. Antioch New England Institute (ANEI) has created the Vision to Action Forum and Franklin Pierce College facilitated a Forum for Rindge.

The anticipated cost of planning and producing a Community Forum is approximately $6,000. Ms. Zug believes a grant could be successfully requested from the NH Charitable Foundation to fund up to 50% of the cost.

When asked if the Conservation Commission had anyone in mind to lead the project, Ms. Zug said they thought it was the Planning Board’s prerogative to create the citizen Steering Committee to organize the Forum and that initially a five to nine member committee is appropriate. In response to a question about the role of the Steering Committee, Ms. Zug said it is to involve various constituencies in Town, develop interest in the project and engage citizen participation; it would be responsible for publicity and logistical arrangements as well under the Antioch model.

Silverman expressed his reservations about finances, as this would be the single largest budget item ever for the Planning Board. Mrs. VanderHagen thought that the Forum could be financed through a variety of budgets and Silverman said it should probably be a warrant article at Town Meeting. Haynes asked how much would be requested at Town Meeting and Ms. Zug responded ‘probably $3,000.’

Silverman noted the Planning Board has trouble responding to theoretical issues as the Board spends most of its time solving problems. Pini suggested using a newsletter article to help judge interest in the project and volunteered to write an article for the August issue. Everyone agreed that involving the broadest cross-section of Townspeople is essential, including sectors that are little heard from.

According to a ANEI brochure, participants in a Community Forum examine qualities that help a community work well, including: civic infrastructure – effective community leadership, informed citizen participation and diversity within the community; community infrastructure – cultural and artistic aspects of the community, educational and social needs, and physical infrastructure services; environment – how natural resources are used, including land, water, energy, and materials, and how a community looks and feels; economy – economic vitality and the strength of local businesses. At the end of the Forum, four to six working groups assemble to work on priority projects identified during the event. A Community Forum Report is created and serves the community as a valuable reference document. One of the most important benefits of the Forum is that it provides an opportunity for people to meet their neighbors.

Preliminary consultation: Jeff Bemis to discuss McKenna Water Systems, a business moving into the Mayer Molding building, 218 NH Route 12 N, Map 15, Lot 26, Light Industrial District.

Mr. Bemis told the Board the business provides residential and commercial well drilling, pump installation, water treatment systems and water tests. They do not plan to make any changes to the building, except in exterior paint and sign, using the same sign structure. Pini asked if there would be any retail and Mr. Bemis replied no, the building will be used primarily for storing trucks and equipment inside.

The Board reviewed the Assessment file for the property and Mr. Busler noted they had explored the possibility of a subdivision in the past and had not pursued it then. There is one septic system on the property but no structure. They envision two lots, one a hammerhead lot on Rockwood Pond and another facing Rockwood Pond Road. Unfortunately the property frontage is 340 feet and 350 feet is needed for that plan. Mr. Busler will explore obtaining the additional 10 feet from a neighbor, or seek a variance from the Board of Adjustment.

The property entering the lot is steep but flattens out leading to the lake, and there are wetlands on one side of the property. When asked if the project was feasible, if the variance was obtained, Silverman said the Board needed a more specific plan and suggested they contact a surveyor to develop plans for the subdividing the site.

Public hearing continued: Arnie Filipi proposes a nine lot subdivision of property located on the north side of NH Route 119W, east of Kemp Brook, Map 10, Lot 68, Rural District. Arnie Filipi, Dick Drew, surveyor, and Gary Sheldon, attorney, were present.

Mr. Sheldon introduced a new conceptual plan for a cluster development by saying his client Mr. Filipi was not withdrawing his application for a 7-lot subdivision, but wanted to get Board input on the new concept. He presented a design utilizing the original center common driveway as a private road that ends in a circle with eight two-acre lots accessed from it.

Landy noted this design would certainly minimize impact on the wetlands. Mr. Filipi said that while they don’t plan a common septic system they are considering shared wells. Silverman said the Board would like to see a conservation plan in conjunction with the new design, including erosion control measures, plans for run-off and drainage facilities. Silverman asked to see plans for sufficient buffers between lots and that insure sufficient room for emergency vehicles to enter and turn safely on the loop.

Nancy Carney, representing the fire department, was present and said their concerns with either subdivision plan is that there is a sufficient water supply and that they have good access so trucks won’t get stuck on the circle or driveways. She said Mr. Filipi has been willing to work with the fire department in the past and the department will review the new plans with him.

Haynes asked about the remaining land and Mr. Filipi said there were a variety of ways of dealing with it. Silverman said a conservation easement would be a good way to preserve the land.

Mr. Filipi noted the common roadway will remain private, and there will be a written maintenance agreement among lot owners. Silverman suggested forming an association to deal with water, driveway and common land issues.

When Landy asked about the number of lots in this design, Mr. Sheldon said the original design called for nine, which was reduced to seven in the second design and now an eight lot cluster development was proposed. Mr. Filipi noted the cluster development regulations do not specify how to manage certain issues like uplands and wetlands.

Silverman, referring to the boundary dispute with Mr. Spicer, said that if the land was deeded to the Town the dispute would need to be resolved first. Mr. Spicer said that he and Mr. Filipi had tried to reach a compromise and wondered if the Board would allow a lot line adjustment to transfer the old logging road from the subdivision to him. Silverman said no, that the logging road was an easement, an access point, not a future roadway. But, he said, they could consider continuing the easement if the land was deeded to the Town. Additionally, a transfer like that would cut off the possibility of using the road as access on the original plan, affecting the number of lots on the new plan. Cluster development regulations require that the total number of lots be no greater than the number of building lots that would be allowed with a traditional subdivision.

Russell observed there will be eight families using the driveway and that still creates a safety issue on Route 119. Silverman noted it is the best of the three original driveways and the Board has to give the owner reasonable use of his land. Landy proposed that with landscaping the lines of sight may increase.

Mr. Sheldon expressed concern about meeting the regulation requiring 40,000 square feet of contiguous upland with slopes of less than 15%. Mr. Drew indicated that if the Board was willing to decrease that requirement by one-third, since the proposed lot size in the cluster is one-third smaller than the lot size required in the rural district, it would be doable. Silverman asked if a decent buffer could be retained along Route 119 to screen the homes from view and Mr. Filipi answered yes, adding that the houses will likely be located back on the property. Pini noted the driveway circles around wetlands.

Silverman asked Mr. Filipi if he was a sole partnership and he responded yes. Mr. Drew asked if the common driveway was planned to become a public road and Silverman said no, but it must come up to town specifications.

Regarding water supply for fire retardation, Ms. Carney said a ten to fifteen thousand gallon minimum was necessary for the initial supply. Mr. Filipi asked if a fire pond was acceptable and she said yes.

Silverman noted the new conceptual plan looks like a reasonable solution and asked to see them in surveyed detail. Mr. Drew said he wouldn’t have engineering detail ready in two weeks but could have lots laid out, contiguous land marked and driveways configured. Silverman continued the hearing to July 19, 2005 at 7:30 PM.

Amend Article V, Section 221-19 B. Insert the following sentence after the first sentence of this paragraph: “Mylars for subdivision plats are to be supplied and signed at the time of subdivision approval.”

He asked if there was any discussion. Pini wondered if there should be a mechanism for extending the time should the Board make a request at the final hearing and Silverman said that could be done on a case by case basis if necessary.

Amend Article IV, Section 221-12 or Article VI, Section 221-22: Add the following sentence “Frontage provides functional access from the road to the building site without extreme modification of terrain or wetlands.”

Pini said she found it confusing, especially in the Definitions section as the subdivision regulations referred to frontage only once and that was in the common driveway section; also the Land Use Ordinances have another definition of frontage. Beckwith agreed. Pini finds the proposed sentence very ‘gray,’

Pini read a Massachusetts case citation that overturned a Planning Board denial of subdivision based on wetlands frontage, saying that denial deprived people of their right to seek a wetlands permit from the state. Silverman noted that Grasewicz had said that the proposed language was in common use in MA.

Pini wondered how ‘extreme modification’ would be interpreted and Landy supposed it just gave the Planning Board leeway to interpret on a case by case basis. Pini asked if this could it be waived by the Board since it was in the subdivision regulations – it can, as it is the Board’s regulation and not a town ordinance.

She wondered if the application was denied would an applicant go to the ZBA or to court and Silverman said it depends on eligibility. Beckwith wondered if this amendment gave the Board clout and Silverman said the town has a policy of issuing building permits only on Class V or better roads – this amendment has to do with the Planning Board creating new lots. An owner would still have access to their land but may not be able to subdivide due to terrain. He said this amendment applies to extreme situations and named several the Board has encountered in the past. Landy suggested the town has regulations and guidelines for most things and if a project exceeds those limits it may be considered extreme.

Some concern was expressed that townspeople did not know what the Board was proposing and they may not like it. There was some discussion that this amendment might more appropriately be proposed as a town ordinance. Beckwith suggested it be further researched. Pini said ‘we can try it out and change it if necessary.’ Silverman agreed, saying he preferred to put it into effect and see if problems arise. He thought the amendment may limit problems and help people in decision-making.

Haynes didn’t think the effect of this amendment would be significant, but Pini said that people who’ve lived here a long time, thinking they were sitting on their nest egg, would be devastated to discover they can’t subdivide. Beckwith wondered what was the hurry and Landy said the Board has been discussing the issues raised by extreme situations for a number of years. Pini wanted to research how much land might be affected.

Silverman said he sees this coming into play when extensive wetlands are involved with a large subdivision development, not with individual property owners. He noted the town needs a mechanism to further protect wetlands. Haynes said most of the ‘good’ buildable land in Fitzwilliam is gone, and that what’s left is mostly wetlands. She said it’s not like the Board is taking land, it is protecting land.

Pini thought the Board had lots of tools to use and Haynes said yes, but the Board had given lots of wetland waivers, and noted the Board has discussed this issue many times. Pini suggested that since all Board members were not present waiting until their opinions could be heard. Beckwith said she wants to protect wetlands but is not comfortable personally with voting tonight.

Landy moved the question, Haynes seconded and the Board voted three aye, 1 abstain and 1 no to pass the proposed subdivision amendment. Silverman said he would like to preserve the option to review the amendment at the next meeting and everyone agreed.

Mr. Black, a resident, attended the hearing and asked to be heard, saying he thought this was probably a good decision but that it seemed to him very few people knew about it. He was concerned about the lack of input. Silverman said it had been noticed properly, being posted 10 days prior to the hearing in two public places and in the Keene Sentinel. He apologized for not asking for public input at the hearing and noted the amendment will be placed on the website and will be discussed again at the next meeting. Mr. Black wondered if the Board should do more to get the public involved and Silverman said staff time is limited and people need to be vigilant, attending to public notices.

Administration: Silverman raised the issue of the Veterans Farm Stand operating at the intersection of Route 119 and Route 12, in front of Fitzwilliam Antiques. The veterans had a preliminary consultation in March. At that time they were asked to apply for a site plan review, which they have done, but due to noticing requirements they could not be scheduled until the July 19 meeting. And, he noted, vegetable season is now. Landy suggested issuing a conditional approval, pending the formal public hearing. Silverman noted this is a time-sensitive agricultural project and product is perishable.