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

Members present: Terry Silverman, Chairman, Suzanne Gray, Mac Landy, Carlotta Pini, Diane Schott, and Tom Parker, Selectmen’s representative.

Public hearing continued: Lee Holombo site plan review application for a small office park located at 20 Jaffrey Road, Map 34, Lot 9, General Business District.

The Board reviewed the revised site plan and drawings of the interior and exterior of the proposed office suite. They confirmed that there will be loam and seed landscaping behind and in front of the building. There will be trees planted to shield the building from traffic on Route 12. The Board asked that the trees be actually noted on the site plan.

Mr. Holombo said there will be one light over the entrance door to each office. They will be on sensors. He expects the building will be used only during daylight hours, but it depends on who rents the space. It was noted that tenants may need additional lighting for evening hours safety and security. Mr. Holombo will address that issue. There is an existing pole light on the lot.

The oil tank has been relocated to the utility room, which has an exterior door. The water heater is located there too. He showed plans that outline the heating system, which is divided into two zones. Pini asked about a sprinkler system. Nancy Carney noted that there is no fire code in Fitzwilliam. The need would depend on the type of business – whether there were flammable or hazardous materials or operations, etc. State codes apply.

Pini asked about hedges mentioned in a previous meeting, and Mr. Holombo pointed out where they will go on the site plan. In response to a question about drainage, he said there is an existing catch basin but the state has not said anything about paving and drainage. The state right-of-way for Route 12 ends in the center of the ditch in front of the property, and Pini suggested paving the lot may change drainage patterns. Mr. Holombo thought the 15 inch HDPE pipe in the catch basin was sufficient to handle any increased drainage. Pini suggested he contact DOT to get an opinion on that and to get state approval for the paving.

Landy asked about signs and Mr. Holombo indicated one (1' X 6') sign above each office door and a free standing sign (16" X 6') at the entrance to the building.

Preliminary consultation: Crystal and John Shoufler to discuss plans for a horse farm on property located at 806 NH Route 119 W, Map 10, Lot 16, Rural District.

Mr. Shoufler said his property is about one mile East of the Richmond town line on Route 119. He said he asked about zoning in that area before he bought the 51 acre property because he wants to have a commercial horse farm in the future. He’s begun clearing the land himself. He intends to clear about 35 acres total but is concerned that currently the cleared portion cannot meet setbacks specified in the new Livestock ordinance. They have three Arabian horses and three rescue horses at this time, and are breeding the Arabian horses. They plan to have a large indoor stable and riding ring eventually.

Pini noted that the intention of the Board in developing the Livestock ordinance was to address personal recreational keeping of animals, not commercial livestock keeping. The commercial livestock use falls under Section 127-8 A. of the Land Use Ordinance, and commercial raising of livestock on parcels of 5 acres or more is included in that regulation. This ordinance applies in the Shoufler’s situation.

In an effort to become a more farm/agriculture friendly town the Planning Board proposed the new ordinance and it passed at the March 2006 Town Meeting. The new ordinance, Section 127-8 E. of the Land Use Ordinance was intended to address the desire of people to keep horses and other livestock, including fowl and poultry, on property of less than 5 acres in any district. A special exception is needed if you intend to keep livestock for personal use on property of less than 5 acres in any but the rural district. In the rural district it is now an allowed use to keep livestock for personal use on one or more acres.

Pini noted that the Board’s intent with the setbacks, fencing and waste management regulations in the new ordinance was to insure that neighbors were not inconvenienced by close proximity to animals.

Mr. Shoufler said he plans to build a structure to house his stallion soon, but the land may be close to wetlands. Silverman reminded him that the new wetlands ordinance says no building larger than 100 square feet can be built within the wetlands setback of 75 feet. A variance would be needed from the ZBA if a larger building was needed.

Both Mr. and Mrs. Shoufler asked how the Board felt about having a horse farm in Fitzwilliam. Eventually they want to build a 100' by 200' indoor facility, which will have wood siding. Several members of the Board voiced their support of this project as long as wetlands issued had been addressed. Mr. Shoufler said he’d like to offer carriage and sleigh rides. Mrs. Shoufler said she planned to make composted manure available to the garden club and others.

Silverman asked how they were keeping manure out of the wetlands now and Mrs. Shoufler said it is all carted up to one pile away from wetlands. She said manure composts quickly if turned frequently. She is familiar with farms and livestock management and impacts coming from a Vermont farm. Mr. Shoufler would like to re-flood some of the back land. It used to be a beaver pond but all the vegetation is dead or dying and beavers have moved on. He plans on raising fish to eat the bugs. They were advised to discuss a pond and any culvert they planned near the brook with the state wetlands board. They can call the Selectmen’s office to get contact information or check online.

Pini said that if they wanted a business sign or plan to cut a large number of trees they should contact the Selectmen’s office for a permit.

Wetlands Hearing: PSNH proposes to install five poles on Number 4 Road to correct an electrical neutral problem, affecting Map 12, Lots 8,9,10,11,11-1 and Map 11, Lot 63.

Richard Plourde and Mark Frazier presented the PSNH plans. Mr. Frazier explained the electrical problem PSNH was trying to resolve through the installation of five new poles. Mr. Plourde said the poles, anchors and guy wires will all be in wetlands. There is no alternative on the site. The wetlands come up to the road and the poles will be three feet from the edge of the road. Trucks do not need to come off road to install the anchors, wires and poles – they can do it all from the road. The site is staked so the Board can see where the poles will be located. Their application has photos of the location.

Mr. Plourde said the PSNH easement department will get easements necessary from private landowners. Parker reminded them to get pole permits from the town, and assured them PSNH would be assessed for the poles.

Mr. Plourde said PSNH got a trouble call from a trailer located at 40 Number 4 Road, off Route 12 South. They weren’t able to install a propane connection due to sparks seen under the trailer. PSNH rebuilt the service but voltage remained higher than it should in the area. They believe there is a leakage to ground from existing long single phase lines that used to run to a factory at the end of the road. The solution is to close the loop. Any leakage above 4 volts is unsafe.

Mr. Plourde said there will be a silt fence around the poles and all augered dirt will be collected on the road and then used to back-fill the pole. PSNH had originally selected a wooden pole treated with CCA that the Conservation Commission rejected. PSNH is proposing as an alternative to use a western cedar pole that is treated with penta. Recently PSNH got approval from DES to use this pole in a Peterborough wetland project.

Carmen Yon, chairman of the Conservation Commission, stated that the Commission still has reservations about any treated wood pole. The spec sheet for the penta treated pole indicates hazardous material may leach into the wetlands. He said that the Conservation Commission doesn’t have the expertise to compare the treatments and he’d like to see a comparison done by an expert. He understands that there may be a trade-off between the benefit of eliminating an electrical problem and the pollution caused by the treatment leaching into wetlands.

Mr. Plourde noted that these poles are approved by DES and said he would get a comparison from the wetlands bureau that demonstrates that the treated wood is alright. In response to a question from Yon, he said PSNH will not use steel or fiberglass poles.

Yon said that the Commission’s recommendation is that the Planning Board accepts the least detrimental treatment available for the poles. Silverman asked what PSNH felt about the various alternatives. Mr. Plourde said he had not seen creosote or steel used for a distribution pole. Untreated wood deteriorates within five years and treated poles last 30-40 years. He said any treatment releases some material, but these poles are used everywhere and very little material actually leaches out. He will send DES studies to the Planning Board and Conservation Commission regarding comparative leaching.

There was some discussion on the authority of the Planning Board to conduct a wetlands hearing in these circumstances. Pini quoted RSA 674:30 I., which states a Planning Board may waive any requirement which is necessary for furnishing utility service for the public health and safety.

Pini asked if one side of the street was dryer than the other. Mr. Plourde said the five poles needed to be staggered with three on one side and two on the other to carry the heavy lines safely. He said from his observation both sides of the road at that point were equally wet.

Minutes: The Board reviewed the minutes of the May 16, 2006 meeting. Gray moved, Landy seconded and the Board approved the minutes as written.

Administration: The Board will continue to think about subdivision regulation changes that deal with sensitive areas and vegetative buffer protection, with a view to not driving up the cost of housing and to preserving natural resources.

He also said the Selectmen have been thinking about having a joint meeting with the Planning Board and Board of Adjustment to clarify roles and responsibilities of each board. He suggested inviting someone from the local government center to facilitate a workshop.

They are also interested in land acquisition, to buy land, financed by a bond issue, and then sell some of it to pay off the bond and maintain the remainder in conservation open space. They are thinking about the possible effect on the town when the growth management ordinance expires. They haven’t written any specs for this land, but are thinking that it should be highly developable land that the town can purchase.

Parker referred to the livestock ordinance, saying that enforcement is an issue. Silverman said the town needs to avoid situations like the ones on Perry Street and Angier Road where neighbors are being inconvenienced by other neighbors’ unrestrained animals.

One of the cases has been turned over to legal counsel. The issue seems to be whether or not our ordinance includes poultry and other fowl. Landy pointed out that the ordinance includes a phrase “…and other species or animal susceptible of use in the production of meat and meat products,” which he takes to include poultry.

The Sentinel article about a proposed subdivision in Fitzwilliam prompted a discussion of impact fees. Silverman noted that the Planning Board budget has a line item to cover a preliminary overview study to determine the feasibility of doing an impact fee ordinance in Fitzwilliam. He also referred to exaction fees, which are allowed by law to use for road, drainage and sewer improvements. Silverman’s concern with impact fees it that once assessed they lock the town into doing capital projects.

Pini noted Rindge has an impact fee ordinance and said it is highly specific as to the projects it covers, and they have three different accounts to manage the $6,000 per house impact fee. She said it cost $20,000 for a consultant to set up the fee schedule. Schott suggested we talk with Jaffrey to discover how their impact fee ordinance has worked over the 15 years it has been in effect.