Town of Fitzwilliam, NH - Planning Board Minutes 02/07/06

Members present: Terry Silverman, Chairman, Carole Beckwith, Suzanne Gray, Robin Haynes, Mac Landy, Carlotta Pini, and Andy Clukey, Selectmen’s representative.

Preliminary consultation: Courtney Davis seeks a two-lot subdivision of property located at 868 Route 119 W, Map 10, Lot 16-4, Rural District.

Paul Grasewicz presented the preliminary plan for the two lot subdivision. A trailer and out-buildings are located on one lot. There are more than 600 feet of frontage and enough upland area to satisfy the subdivision regulations. The survey isn’t complete yet but all wetlands and slopes will be indicated. Grasewicz indicated a potential house site on the second lot.

Grasewicz said they will need a curb cut and driveway permit from the state for the new lot. He indicated there were very good sight lines along Route 119 at that point. Once a part of the Anna Broadhurst estate, the lot to be divided was created in 1985.

Public hearing: Melinda Johnson and Daniel Morse boundary line adjustment transferring 4.585 acres on easterly side of Fullam Hill Road from Morse to Johnson, Map 8, Lots 43-1 & 53, Rural District.

Grasewicz presented the plat, saying it was essentially the same concept as was presented during the preliminary consultation. The house lot is about two and a half acres and Ms. Johnson is purchasing another 4.5 acres from Mr. Morse, leaving the Morse property with 60 plus acres, which has 389 feet of frontage on a Class V road.

Silverman asked how Ms. Johnson planned to use the added acreage. She replied that she will use it for her horses. She doesn’t plan to build anything on the property.

Silverman moved, Beckwith seconded and the Board voted to approve a boundary line adjustment transferring 4.585 acres on the East side of Fullam Hill Road from Daniel Morse to Melinda Johnson, Map 8, Lots 43-1 and 53. The plat and copies of the plat were signed.

Public hearing continued: Harry Damon Boundary Line Adjustment was rescheduled to April 4, 2006 at 7:30 PM.

Minutes: The Board reviewed the minutes of the January 17, 2006 meeting. Silverman moved, Landy seconded and the Board approved the minutes as amended. The Board reviewed the minutes of the January 24, 2006 meeting. Haynes moved, Pini seconded and the Board approved the minutes as written.

Community Forum: The Steering Committee for the community forum is planning to solicit gifts to support the forum, in addition to revenue appropriated by warrant at the annual town meeting. To do so, the committee must be established as an ad hoc committee of the Planning Board, pursuant to RSA 673:16. A letter to this effect was reviewed. Silverman moved, Landy seconded and the Board approved a motion to establish an ad hoc Steering Committee to produce a community forum as put forth in the February 7, 2006 letter.

Building permits in 2006: Per Article IX, Chapter 127-39.1 E. (3) of the Fitzwilliam Land Use Ordinance, the Planning Board must determine the number of building permits to be issued this year at its first meeting in February. Following the method outlined in the ordinance, it was determined that the total number of building permits issued in 2006 will be set at 16.

Gray moved, Pini seconded and the Board approved a motion to distribute sixteen building permits in 2006, allocated according to Article IX, Chapter 129-39.1 F.

Preliminary consultation: John Urdi, architect, to discuss a plan for an addition to the Verizon telephone building, Upper Troy Road, Map 32, Lot 27.

Mr. Urdi distributed plans showing the proposed addition to the existing Verizon building. The addition will house new equipment that will require additional air conditioning units.

Mr. Urdi asked the Board for their advice about zoning and setbacks in order to determine which side of the building the addition should go. It was determined that the lot is divided almost equally between residential and village center business districts and the setback for rear and side yards is ten feet in both districts.

However, the lot abuts the Fitzwilliam Inn, a business property, on two sides and residential property on the other side. The Planning Board suggested the addition be on the back of the existing building, which abuts business property. The ten foot setback can be met on that side. If the addition is placed on the north side, where the property abuts residential property, the setback of 20 feet cannot be met. See footnote 1 on Table of Standard Dimensional Regulations.

When asked about noise produced by machinery in the building, Mr. Urdi said that the generator is tested once a month. The unit is four foot square and seven feet tall with a VW engine in it, and it exhausts to the outside. It is inside and acoustically baffled. There will be no changes made to the generator.

The air conditioning units also exhaust to the outdoors, but they are the quietest on the market. The new ones will be quiet cool as well. To maintain the equipment properly, redundant air conditioners are needed and they weigh between 7.5 and 8 tons each. They are thermostatically controlled. He indicated the noise is below ‘normal’ range, but he was not sure of the decibel. He offered to bring an acoustical engineer to the site plan review when it is scheduled.

Beckwith asked what new services will be provided when the new equipment is installed. Mr. Urdi said that wasn’t in his purview, but he would find out. Silverman pointed out, that from a Land Use perspective, services offered had no bearing on the case.

Beckwith asked about the façade and Mr. Urdi said he would consider suggestions. Silverman pointed out that the Historic District Commission will be involved in approving the façade.

Silverman recommended that the project be made as quiet and as suitable to the neighborhood as possible. Gray added ‘with as little impact on the neighborhood as possible.’ Landy said he was primarily concerned with the impact on neighbors.

Beckwith asked that more research be done on 127-6D before the vote. Pini noted there would be no vote at this meeting since it is a preliminary consultation. Beckwith then asked for information in lay terms about noise levels, and Mr. Urdi said he would bring those people to the site plan review.

Mr. Urdi confirmed that the addition will go on the back, meeting the ten foot setback. He plans to build the addition by the end of the year, and will schedule a site plan review and meeting with the Historic District Commission when the plans are ready.

Executive Session: Silverman moved, Landy seconded and the Board voted to go into executive session to discuss two legal matters.

Public hearing continued: Raman Patel Site Plan Review application to open a retail convenience store in an existing building located at 646 NH Route 12 South, Map 8, Lot 13, Rural District.

At the request of Mr. Davis, attorney for Mr. Patel, the hearing was continued to March 7, 2006 at 8 PM. The traffic study requested by the Board was not complete.

Subdivision hearing and wetlands hearing continued: Arnie Filipi proposes an eight-lot cluster subdivision of property located on the north side on NH Route 119W, east of Kemp Brook, Map 10, Lot 68, Rural District.

Arnie Filipi, Richard Drew, surveyor, Gary Sheldon, attorney, and Ed Rogers, engineer, attended the meeting. Mr. Rogers presented a performance bond estimate for road construction that is based on two documents: the cut and fill table and a summation of items needed for the construction. He said a 5% contingency for road construction cost was typical when plans have been fully engineered, as these have. Mr. Sheldon said that if the bond was acceptable to the Board, Mr. Filipi will get a letter of credit from the bank for the full amount of the bond.

Silverman asked that the letter or agreement for the line of credit be reviewed by the town attorney. Gray asked if the line of credit would be renewable and Mr. Sheldon said it could be if necessary. He thought the road would be built within a year. He asked if there were any comments on the amount. Obtaining the final line of credit agreement may be a condition of approval, depending on the time it takes to obtain it.

Pini asked if there would be documentation during construction as a way of monitoring the road building process, so if in the future the Town was asked to take over the road we would have some idea of the construction. Mr. Rogers said construction can be ascertained forensically. The Road Agent is charged with monitoring road construction per Chapter 221-26 A. of the Subdivision Regulations. The procedure for monitoring road construction will be specified in the approval.

Landy asked about the fire pond and if the bottom needed to be treated differently in any way. Mr. Rogers said no, digging the pond exposes the water table and the bottom is left natural. Any overflow goes into the wetlands, but the drainage plans are projected to slow the amount of water that enters the wetlands. Nancy Carney, Deputy Fire Chief, agreed that the bottom needed no special treatment. Mr. Rogers said the slope of the sides of the pond will support vegetation.

Mr. Rogers asked about the two waivers requested. Silverman said the Board needed letters requesting the waivers for 1) road length and 2) minimum road grade at intersection with Route 119. Grasewicz noted that since there were no road curbs the grading waiver should not be a problem.

Mr. Sheldon said the easements for various drainages and accesses to the common land will be a part of the homeowner covenants. Documentation of the common land will be given to the Town. Silverman asked that these documents be sent prior to the March 7^th meeting so they can be reviewed. Mr. Sheldon said the homeowner’s agreement is not completed yet.

Mr. Sheldon asked if there were any issues with naming the road. Mr. Drew said a boundary line agreement with Mr. Spicer had been reached.

Mr. Sheldon confirmed that the Board agreed this plan was the final plan. Mr. Drew showed a plan with the potential house sites outlined and the Board agreed it looked good. Mr. Filipi said he usually clears a 150’ X 150’ lot for the house site. Silverman asked about leaving a natural buffer and adding the requirement not to clear cut a lot in the covenants. Mr. Sheldon will consider how best to accomplish that goal.

Silverman said the Board will want site plans for each lot/home when they are ready to build, but they are not necessary for approval of the subdivision. The site plans do not have to be formally engineered plans, but more like an enhanced septic plan. Mr. Filipi can bring in several at a time. The Board would probably like to do a site walk when septic plans are ready.

Executive Session: Silverman moved, Landy seconded and the Board voted to go into executive session. Silverman called the session to discuss two legal matters.

The Superior Court has issued a ruling on the cross motions for partial summary judgment in the Wendell v Town of Fitzwilliam petition.

He noted the Court found that the town’s height restriction on antennas is unconstitutional, illegal and unenforceable under the supremacy clause. In all other respects the court ruled in favor of the town. Mr. Wendell must get an FCC permit specific to the town of Fitzwilliam if he chooses to build a radio installation in town.

Silverman also let the Board know that should the applicant in the Patel case refuse to conduct the traffic study as requested, based on the Site Plan Review procedures, the Board has three options:

Pini moved, Clukey seconded and the Board voted to come out of non-public session. The minutes will be kept separate.