Town of Fitzwilliam, NH - Planning Board Minutes 11/15/05

Public Hearing continued: Sanford and Louise May subdivision application to create one new residential lot on property located at 35 Brigham Hill Road S, Map 21, Lot 39, Rural District.

Richard Drew, surveyor for the Mays subdivision, presented revised plans, which incorporate information gleaned from the Road Agent regarding where the Class V road ends. The lot line was moved slightly to allow a driveway for the new lot to open on the Class V road, and to leave a 50 foot strip of land for access to the back hammerhead lot, which is contiguous with the lot where the Mays residence is located.

The subdivision carves out a 3.89 acre lot from the 18.9 acre parcel. Mr. Drew added a note to the plat stating the new lot has more than 40,000 square feet of contiguous, upland area with land slopes of 15% or less.

Administrative Work: Regarding the old maple tree located on the Bessette’s property, Map10, Lot 83-5, located at 315 Richmond Road, Silverman noted that the Town does not own the tree. The Town does have a right of way on Richmond Road that includes the tree, but the tree in fact belongs to the property owner. Unless the road is owned by the Town ‘in fee,’ the Town only has an easement over property owners’ lands through which the road runs.

Pini noted that if a road is designated as ‘scenic,’ which this is not, a town or public utility has to get permission from the landowner to remove a tree. The landowner can legally cut trees at any time. It was the consensus of the Board to concede the right to cut the tree to the property owner. A notice of consensus will be sent to the property owner and all abutters.

Correspondance: Nancy Carney, Deputy Chief, Fire Department, reported on correspondence from Roy Brothers regarding wetlands, culverts and a dry fire hydrant, noting they are still in the process of finalizing plans.

Preliminary consultation: Melinda Johnson to discuss a boundary line adjustment between her property located at 523 Fullam Hill Road, Map 8, Lot 43-1 and property owned by Daniel Morse located at 587 Fullam Hill Road, Map 8, Lot 5, Rural District.

Ms. Johnson distributed a map of her property, 2.5 acres, and the abutting property, from which she would like to purchase four acres. She has horses and needs more room for them. Silverman asked that she return to the Board with a subdivision application and drawing that indicated where any houses are located on the properties with setbacks indicated.

Public Hearing: John Tommila subdivision application to create one new residential lot on property located at 293 Rhododendron Road, Map 14, Lot 16-01, Rural District.

The plat indicates a 2.79 acre lot with 110 square feet of contiguous upland area with slopes of less than 15 percent. Grasewicz said the soil perks at 5 minutes per inch and there is a 4000 square foot septic area.

Preliminary consultation: Jessica and Jeremy Vander Kern to discuss plans to open a flower/gifts/antiques shop in the Crossroads, NH Route 12 S, Map 34, Lot 27, General Business District.

Mr. and Mrs. Vander Kern told the Board they want to open a flower shop in the space formerly occupied by A Symphony of Flowers in the Crossroads. They plan to have antiques and gifts, as well as fresh flowers and house plants. They will make deliveries too. The business is to be called The Vintage Rose and they plan to open in December, with hours that initially mirror the Sunflowers Café hours.

They feel they need better signage and some directional signs as well. They have a separate entrance and frontage on Route 12, but current signage points customers to the front of the building and they need something that directs customers to the side entrance.

Silverman said they could duplicate the number and size of signs the other business had, but they would need a sign permit from the Selectmen. He added that if they want to propose additional signage they should ask the Selectmen who may pass it on to the Planning Board. He noted a flower shop is an allowed use in the General Business District.

Preliminary consultation: Cindy Spadafore and Andre Beauregard to discuss two businesses they propose to open in the Crossroads, NH Route 12 S, Map 34, Lot 27, General Business District.

Mr. Beauregard was present. Ms. Spadafore broke her ankle and could not be present. Mr. Beauregard plans to open a retail showroom for hardwood floors and tile, which he installs in residences and light commercial businesses. He refinishes floors too.

He plans regular business hours with one late night. He has a retail showroom in Gardner, MA currently but wants to offer tax free sales to his customers in NH. Customers will be able to see and choose wood flooring and tile and arrange for installation if they wish.

When asked about maintaining an inventory, he said he wanted to offer ‘cash and carry’ specials when he has an opportunity to purchase large lots and would use the warehouse for storage. He does not maintain a regular inventory. His products are displayed on hanging boards or in bins and he orders from suppliers as necessary.

Haynes asked about solvents or finishes. Mr. Beauregard will keep polyurethane in five gallon pails for refinishing and plans to dispose of any hazardous materials properly.

Pini asked if he planned to operate his business from this space and he said yes. He does have a crew and it will be dispatched from there, and refinishing materials will be stocked there as needed. He has two vehicles and one parking space. Pini asked about plans for disposing of construction materials. Mr. Beauregard said that currently his policy is to remove any construction materials from a building and leave it on-site. The property owner disposes of it. Pini asked about deliveries and was told they expect deliveries about once a week, depending on supplier delivery schedules and customer activity.

Nancy Carney noted that at some point after the business is open, the Department will do an inspection and make any recommendations to insure flammables are properly stored. She added that it didn’t sound like what he is planning will add to the fire load already present in the Crossroads.

Ms. Spadafore plans to open a hair salon in a space prepared for another salon that did not open. Silverman noted the Planning Board will need documentation that the septic system can handle the output from the salon. Mr. Beauregard said the rental agent will get that information to the Board.

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.

Mr. Filipi presented the engineering drawings for the road layout. He noted they will ask for a waiver for the road length, which is 1700 feet total. This measurement includes a 600 foot entrance road and an 1100 foot circle drive at the cul de sac. They will ask for a waiver to exceed the minimum slope for the driveway entrance to avoid wetlands and provide for better storm water drainage. The Board discussed topography in one spot that will require a substantial cut in the ledge to keep the loop road level and in another spot that will require building up to meet standards.

Town road standards require a 20 foot road and the design calls for a one-way 16 foot wide roadway. The Board objected to that and asked Mr. Filipi to have it redrawn to specs as a two-way road.

Pini asked about the ownership of the common land. Mr. Filipi asked what his options were. They seem to be 1) private ownership regulated by covenants, 2) town ownership with conservancy management, 3) private ownership with conservancy management, and 4) a permanent conservation easement. He noted his land is bordered by the Rails to Trails system along one side.

When Mr. Filipi asked what the Board wanted regarding the limitation of building permits, Silverman asked that a note be added to the plans acknowledging that the developer understands that the Growth Management Ordinance applies to this subdivision limiting the maximum number of building permits in any one year to five for any one person.

Mr. Filipi asked if bonding of the road could be done after the site is stabilized and they begin getting building permits, since the roads must be nearly completed before building permits are sought. Grasewicz said that usually roads are bonded for the full amount and reduced as construction occurs. Bonding protects the Town so that if you sell lots and get permits to build before the road is completed it will cover the cost of road completion. Mr. Filipi said he would stipulate that no lots could be sold until the road is nearly completed. Silverman said they would like to see it all bonded, noting the Board has been in this position before and the bond was all that saved the Town. Silverman said Mr. Filipi should have his attorney find examples of bonding agreements because the one the Town used last was in 1986 and is out of date.

Mr. Filipi asked who maintains the fire pond. Ms. Carney said the association should do that, but if it gets too bad the Department is empowered to go in without permits and correct it. She added the association should, at minimum, cut back vegetation; the fire department may dredge it in 20 years, and help out as necessary.