Town of Fitzwilliam, NH - Planning Board Minutes 09/06/05

Carl Hagstrom presented the plans with the Stenersons. He noted the Board had walked the property with him in the winter. Mr. Hagstrom pointed out the two possible driveway locations and said the one nearest Royalston road had been selected, which will run from Route 119 around the proposed leach field to the house. NH DOT representative Rene Fish approved that driveway. The Conservation Commission submitted a written confirmation that they had no objections to the project as long as construction does not deviate from the Monadnock Septic Design drawing dated 7/22/05 and the portions of the driveway that are in the Wetlands Protection Overlay District must be constructed with the usual erosion controls.

Landy noted portions of the driveway are within 60 feet of wetlands, and asked if dredging or filling are anticipated. Mr. Hagstrom noted some leveling off would be necessary and the earth removed would be used to level any depressions. The driveway slope is nearly level.

Gray asked how the home will be constructed and Mr. Stenerson said a stick built home is planned. Pini asked if the driveway already exists and Mr. Hagstrom explained it is an old road, once used for logging and quarrying. Landy asked about lines of sight and Mr. Stenerson said Rene Fish recommended clearing some of the brush from either side of the driveway to improve lines of sight, which he planned to do. The driveway is approximately 220 feet long and may be paved in the future. For now it will be gravel.

Ms. Haigh said she is interested in buying the property and wants to keep her horse there. The property is located near the Rindge/Fitzwilliam line and is set back from the road. She said the driveway is about 100 feet long. There is a small area already cleared that could be used for a horse, and a house is on the property.

Gray asked if Ms. Haigh planned to conduct any business with the horse and she said no, the horse is for her and her family’s recreation. Beckwith asked about close neighbors and Ms. Haigh said her brother talked with neighbors and they seemed excited to have a horse nearby.

Pini noted that the Board has faced the issue of keeping horses on property that is smaller than five acres, which is the necessary acreage under the Land Use Ordinance. The Board has researched and discussed the issue but has not yet resolved it. Beckwith and Pini agreed that at least in the Rural District one should be able to have a horse for recreational purposes. The applicable ordinance, Article III, General Uses section 127-8 A. refers to commercial agriculture and raising of livestock on five acres or more. The Board is concerned about animal husbandry and best practices, including the state of the land on which a horse will be kept, whether it is rocky, steep or wet. Beckwith remarked that if the property isn’t large enough for appropriate exercise then access to trails is necessary. Landy asked about disposal of animal waste. Silverman asked if she planned to add horses in the future and she said maybe one more.

Pini moved and Beckwith seconded a motion stating that the keeping of one horse on 3.4 acres in the Rural District does not, in this instance, constitute a commercial use. The Board voted to approve the motion.

Silverman read the five points made by the Selectmen in a letter to Mr. and Mrs. Hodgman and said the Planning Board will focus on the fact that they are operating a business without having met with the Planning Board. He invited them to tell the Board about the business.

Mr. Hodgman explained that F-N-M Maintenance is a commercial and residential cleaning service and lawn maintenance business working in Cheshire County and Massachusetts since 1999. The equipment and machinery on the property are related to the business.

Silverman asked what portion of the property was devoted to the business. Mr. Hodgman estimated about ¼ of an acre to the left of the house was used for the business. Silverman confirmed that the two carports and a shed were used by the business. Pini clarified that the business is operated from a truck and the shed and carports are used for storage.

Mr. Hodgman said he does his own equipment repair and has no employees. They clean homes for real estate sales and sometimes store furniture/appliances that are worth saving on his property until it can be given to charities. Otherwise they use an on-site dumpster when cleaning out homes for sale. They have a residential dumpster on their property. Mrs. Hodgman estimated the carports are 10X20 feet with sides, and the shed is 8 X 10 feet. They plan to build a garage to store equipment currently stored in the carports.

Haynes asked about wetlands and Mr. Hodgman said Priest Brook runs through the back of the property, estimating the brook is at least 1100 feet from the equipment storage area. Haynes asked how much of the property was used to store equipment and Mr. Hodgman estimated about 1/8 of an acre. Silverman noted that the business definitely qualifies as a home business; Mr. Hodgman agreed, saying he did use his home phone for the business.

Silverman moved, Haynes seconded and the Board agreed that F-N-M Maintenance is a home business under Article III, Section 127-14 (b) of the Land Use Ordinance, and as such needs a site plan review.

Appointment: Rockwood Pond Groups/Dorothy Zug to discuss issues of concern to homeowners near Rockwood Pond. Members of the Society for the Preservation of Rockwood Pond and the Rockwood Pond Homeowner’s Association attended the meeting, including Dorothy Zug, Frank Bateman, Cheryl Wojciechowski, and Mr. Irving.

Ms. Zug explained the group was here to express their interest in preserving the Pond, the land, quality of water and the underlying stratified aquifer. Referring to a map of the area, they indicated land that may be conserved in the future, the State right of way corridor for the trail in the old railroad bed, property that may come up for development and their interest in preserving that land. Apparently there is no money available to purchase the land at this time from the various organizations that conserve land.

Pini suggested the group may want to consider petitioning a warrant article to raise the funds necessary to purchase the land. Ms. Wojciechowski said her research indicated that the Board has, in the past, considered things like traffic, water quality, ecologically sensitive areas, impact on schools, steep slopes and aquifers as they deliberate on subdivision proposals. She said this group just wants the Board to be aware of their concerns in these areas. Pini responded that the Board may consider applications in the future concerning subdivisions in this area and cannot be prejudiced in that decision making. Landy said the group should make any concerns known at the time any application comes before the Board.

Ms. Zug asked that the two groups represented be notified if any subdivisions were proposed in the area. As abutters, owners of record are notified of relevant public hearings. Ms. Zug summarized for the group that they are interested, they care and will work to develop notes for particular properties of concern to them. She thanked the Board.

Pini explained that at the August 16, 2005 meeting, Silverman had told the Board Ms. Johansson had received a Special Exception from the Board of Adjustment for two signs. The Planning Board will review the aesthetics of the signs and make a recommendation to the Selectmen regarding the sign permit.

Ms. Johansson showed the Board drawings of her signs. The text is white and gray on a deep red background. Gray confirmed that the top of the signs will be 7 feet above ground and the bottom of the signs will be 3 feet above ground. They are wooden signs and will be positioned to be seen by traffic traveling north or south on Route 12.

Public Hearing continued: Amy Calandra with a major site plan review application to expand her business, Fitzwilliam Self Storage, located on NH Route 12 South, Map 12, Lot 7-2, General Industrial District.

Silverman back as Chairman. Ms. Calandra and Paul Grasewicz presented the plans. Carmen Yon asked if this was a wetlands hearing and Pini responded it wasn’t, this was a continuation of a site plan review. Because the Conservation Commission had indicated wetlands were affected by this project, a wetlands hearing will be scheduled.

Gray described the site walk. They walked past the existing building onto the proposed roadway, which she described as very close to wetlands, putting access to all the proposed buildings in the Wetland Protection Overlay District.

Pini referred to a previous discussion about the possible need for trenches inside each building to contain spills and thought it would be valuable to have a qualified person make recommendations on the best way to protect wetlands.

Ms. Calandra said she had spoken with the President of the Self-Storage Association, of which they are members, and was told spills are extremely rare in general. She cited many nearby towns with self storage businesses operating for ten, twenty years with no spills recorded at all, including Hillsborough, Manchester, and Meredith. She distributed the lease agreement renters sign, which is a standard Association lease, and asked the Board to review items 4, 6 and 8 that address hazardous materials storage. Every customer is given a copy of the regulations and in addition, she showed stickers that are placed in each unit warning against such materials.

Silverman expressed a problem he was having with silt fencing for the first building. He noted it had been there less than a year and was already breached. He is concerned that additional breaches will occur with further expansion into wetlands. Pini wished, in retrospect, that the Planning Board had required seeded slopes to prevent some runoff.

Grasewicz noted that if installed correctly, silt fencing and hay bales are adequate, but a qualified person must install them. They need to be inspected and cleaned out if a build-up occurs. If properly ‘toed-in’ they shouldn’t overflow. Pini asked about maintenance and Ms. Calandra said the problem was easily fixable.

Pini noted this issue highlights concerns raised by the Conservation Commission in general. They have proposed an amendment to the WPOD ordinance that bans any building in the WPOD. She continues to feel the need for expert advice on what kind of impact this activity may have on wetlands. On the site walk with the Conservation Commission she remembers their concern about the number of trees that would be cut and their concern about runoff.

Grasewicz said a gravel base roadway like the one proposed will allow good absorption so water will reach the water table. Haynes said cars driving on the roadway will compact it. Grasewicz said DES becomes involved only if more that 100,000 square feet are excavated. This project is proposed to excavate less than that amount. However, EPA is involved if an acre or more is disturbed and a notice of intent will be filed there.

Silverman asked Carmen Yon to report on the Commission’s findings. The extensive erosion is a concern. The Conservation Commission was opposed to the first application and are opposed to this expansion. He noted the Planning Board has the right to hire, at the applicant’s expense, an expert to advise them. Pini suggested the Board plan to do that for the wetlands hearing, asking for information on preventative measures to decrease impact on wetlands and about the impact certain situations have on wetlands.

Mr. Yon reminded the Board of a request for dimensions made on the site walk and Grasewicz responded that the project involves about 1/3 of the wetlands. Silverman asked about portion of uplands to be developed and Grasewicz did not have that information tonight.

Ms. Calandra remarked she thought the discussion was getting out of hand, agreeing that the wetlands need to be protected but noting they are not planning to fill any wetlands. Pini recalled the recommendation the Board is considering from the Conservation Commission banning any new structures from the WPOD. Landy added the Board approved the first application because they didn’t want to deprive Ms. Calandra of the use of her land. Silverman noted the buffer of trees and vegetation, assumed to be in the control of Ms. Calandra, along Route 12 was, in actuality, in the PSNH right of way and recently had been removed by PSNH.

Pini noted that the Planning Board will select a wetlands expert and get back to Ms. Calandra with the cost. Ms. Calandra asked if she could have her own expert and was told the town would contract with the expert at her expense.

Mr. Rettig and Paul Grasewicz presented preliminary plans for subdividing the property into three lots. One parcel, Lot A will be a 5 acre hammerhead lot, with frontage on East Lake Road. This parcel has a cottage on it, remaining from a time when the parcel was a separate lot. Two lots will front on Howeville Road, Lot B is about 6.6 acres with the

Pini asked about topography. Mr. Rettig described the cabin on a knoll with a gradual slope down to the house. Haynes asked about a driveway to the cabin and Nancy Carney located it for her as across from 500 East Lake Road. The drive extends from the road to the cabin. Gray remarked she would like to walk the property and a site walk will be scheduled after the subdivision application is completed and plans drawn. Silverman noted the preliminary plans meet dimensional requirements and asked Mr. Rettig to submit the application. Grasewicz estimated they would be prepared in about 6 weeks.

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

Silverman asked Mr. Filipi to discuss the five points requested by the Board in August. They are: 1) a site plan for each lot, specifying house site, well, septic and site work including drainage, 2) foliage and land sculpting plans, 3) plans for handling building permits under the Growth Management Ordinance (allocated five per year on a first come first served basis), 4) road cost and bonding for the road, and 5) agreement on the disposition of the common land.

Mr. Filipi said the road engineer will not be finished until November and site specific drainage information won’t be ready until January. Pini said the Planning Board wants to see any plans to sculpt land forms, site plans for each site, noting setbacks, driveway, wetlands, and septic and well location. Landy added plans for the fire pond and clearing of frontage on Route 119. Mr. Filipi said his attorney will draw up the road agreement and conservation easement. He noted conservation groups are looking for ‘good land’ now and they may not take this property. He asked about how to determine the bond and Grasewicz said the road engineer will make an estimate and Mr. Filipi’s attorney can draw up a bond agreement. The Planning Board will ask the town attorney to review it.