Town of Fitzwilliam, NH - Planning Board Minutes 08/02/05

Mr. Bell would like to have a larger sign on the building. The shop is already in operation but signage is minimal, and the signs are small and difficult to read from the access roads. He proposed a larger wooden sign made by the sign maker who made the Sunflowers Café sign. He may also light it, from the ground, on a timer so it goes off one-half hour after closing.

He plans a 3X5 foot temporary sign prior to installing a permanent sign that complies with zoning. The Board concurred that Section 127-33A applied and he was referred to the Selectmen’s office for a sign permit.

Mr. Bell asked about having seasonal displays outside. Silverman noted that this kind of display was not approved as part of the original site plan application for the Crossroads. Gray, Pini and Silverman did agree that the original site plan was primarily for the restaurant and other businesses were unnamed. Landy suggested that a florist shop, under Section 127-11A, could have an open air display.

Silverman asked if the Board wanted to see an amended site plan and Beckwith said that if the inside display was any indication of how the outside display would look it would be fine. Pini said she was not concerned about the look either. Normally Mr. Bell plans seasonal/holiday displays outside for up to three weeks. There was some discussion about where the open air displays would be located. They would be tucked up close to the main building, out of any roadway or parking.

Conservation Commission members Carmen Yon, Fred Slavik and Rosalind Slavik, were in to discuss a possible change to the Wetlands Protection Overlay District (WPOD) ordinance, to insure the protection that was originally intended by the ordinance.

The Commission proposed adding the following paragraph to Article IV, Section 127-16.1 D of the WPOD: “No new structure of any kind may be erected either within a wetland or in the 75 foot area bordering on the wetland.”

Mr. Yon noted that the original intent of the ordinance was to prevent any building in the WPOD, but as written it seems to allow it. Mrs. Slavik agreed. Pini suggested a definition of ‘structure’ be added to the WPOD definitions. When asked what kind of structures would be prohibited, Mr. Slavik said they wanted to prohibit all structures, unless granted relief by the Board of Adjustment.

Pini noted there is an exemption section and asked if the Commission proposed eliminating that. Mr. Yon said no, their intention was not to further limit driveways. Landy noted the current exemptions are allowed because they have minimal impact on wetlands. There was some discussion about what might be allowed and how to frame it within the ordinance.

Silverman agreed that what the Commission was proposing was really good. The Planning Board needs to explore it some more and do some research. He suggested the Commission work on it at the same time the Board is doing so and then combine efforts. Silverman noted the ordinance is liberal because many people do not have enough space on their property to build entirely outside the WPOD.

Preliminary consultation: Mukhbain Sidhu to discuss a possible four lot commercial subdivision of property on the east side of NH Route 12 S below White Quarry Road, Map 11, Lot 54, General Industrial District.

with it immediately. However, he was told by the State Department of Transportation that if he wanted to make any changes to the two access points already in existence he should do it now, as an upcoming policy change at DOT will prohibit changes in the future. He understands the uses allowed in the General Industrial District but does not know what type of businesses might buy lots there. He is seeking advice from the Board about possible placement of driveways.

There was some discussion about wetlands and the condition of the land dictating what ultimately could be done. The Board noted his plans are too preliminary for them to give guidance and asked him to consult with a professional who could help him make the best decisions about using his land. Silverman asked him to come back when his plans are more definite. Landy noted driveway placement will be determined by configuration of the planned subdivision and Gray suggested an engineer could help. Silverman said that what the Board cannot do is suggest what Mr. Sidhu should do to maximize the use to of the property.

Pini said that it was up to Mr. Sidhu to decide whether to proceed with a subdivision. Mr. Sidhu asked if the zoning can be changed to residential and Pini said yes, by Town Meeting, but there are no plans at this time to change zoning in that area. She suggested Mr. Sidhu obtain a copy of the Land Use Ordinances.

Public hearing continued: Arnie Filipi proposes a nine lot subdivision of property located on the north side on NH Route 119W, east of Kemp Brook, Map 10, Lot 68, Rural District.

Mr. Filipi and Mr. Sheldon, his attorney, were present. Mr. Sheldon presented revised plans that show access for all lots to the common land. He also noted his client doesn’t plan to invoke the time limit of 90 days for a Planning Board decision, at least until they notify the Board officially. [Note: RSA 676:4 I (f) states “The Planning Board may apply to the selectmen… for an extension not to exceed an additional 90 days before acting to approve or disapprove an application.” The Filipi application was

Mr. Sheldon raised the issue of the road accessing the cluster development. Referring to the Subdivision of Land Regulations, he pointed out what appear to him to be discrepancies between the subdivision regulations on street construction specifications and the NH structural guidelines chart for town roads. Mr. Sheldon noted Mr. Filipi has two options; to build the road to the specifications in the subdivision regulations, and have the town take over the road; or build it to NH guidelines and designate it a private road, to be maintained by the homeowners. They prefer this option as it will cost less to build it with a gravel surface. The subdivision regulations call for a road to be paved and the NH guidelines allow a gravel surface for the road they propose. They estimate that the road would need to support up to 80 trips per day.

Pini noted that the recommendation is that all roads be paved to Class V standards, so maintenance can be taken over by a town in the future without incurring costs to the town to bring the road up to Class V standards.

There was some discussion about public access to the common land if that were deeded to the Town. If the proposed common land is in a conservation easement, held in common by the homeowners, public accessibility may not be an issue.

Silverman asked for a site walk report and Gray described the path they took up the proposed access road, noting the wetlands encircled by the street are protected from disturbance. Landy said he was favorably impressed, and Gray thought it was a good use of the land. Landy said there were issues that a road engineer would need to resolve.

Silverman listed several items to be discussed: the Board will ask for 1) a site plan for each lot, specifying house site, well, septic and site work, 2) foliage and land sculpting plans, 3) plans for handling building permits under the Growth Management Ordinance, 4) bonding for the road, and 5) agreement on the disposition of the common land.

Mr. Sheldon asked if a site plan review for each lot was a requirement and Silverman said no, but it is a condition imposed due to the sensitive nature of the land and to insure performance standards.

Mr. Sheldon reiterated that tonight their issue was the road and Silverman said the Board would do additional research and get comment from the road agent. He continued the hearing to August 16, 2005 at 8:30 PM.

Preliminary consultation: Doris Johansson to discuss signage changes for her self-storage business, on property located at 883 NH Route 12 South, Map 4, Lot 55-06/07, Rural District.

Ms. Johansson would like to have two signs, both larger than her current sign. The Department of Transportation requires her sign to be setback 75 feet from the center of NH Route 12. The current sign is hard to see at that distance and foliage obscures the sign when traveling north. She would prefer not to cut foliage that buffers her residence from NH Route 12.

Silverman suggested she go to the Board of Adjustment for a Special Exception under Section 127-31.1 and then return to the Planning Board for a public hearing on the signs she proposes. Landy suggested she follow the guidelines for signs in the General Business and Industrial areas.