Members present: Terry Silverman, Chairman, Suzanne Gray, Robin Haynes, Mac Landy, Carlotta Pini, Diane Schott, and Tom Parker, Selectmen’s representative.
Others present: Carmen Yon, Conservation Commission
Call to Order: The meeting was called to order at 7:05 p.m.
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.
Mr. Holombo distributed three sets of plans for the Board, noting the shrubbery along Route 12 and detail of the free-standing sign as requested. Paul Grasewicz sent a certified drawing of the catch basin, attesting to its ability to handle runoff from the site. Mr. Holombo added that he wasn’t sure if Mr. Grasewicz had talked with the state regarding their approval to direct runoff to the ditch in the state right-of-way.
In response to a question from Gray, Mr. Holombo said the pavement will be sloped in a way that directs runoff to the catch basin, adding that there may be increased runoff because the size of the paved area will increase some. Landy clarified that the setbacks were met and Mr. Holombo said the front setback is 80 feet and the side setbacks are 58 feet, exceeding the required setbacks.
Silverman moved, Pini seconded and the Board approved the site plan review with the following conditions:
1. Construction adheres to the submitted site plan.
2. Sign permit is received.
3. State approves use of the catch basin and ditch for the estimated runoff.
Preliminary consultation: Arlene Aicholtz to discuss new retail business in the Crossroads, General Business District.
Ms. Aicholtz is planning to open a small retail business selling oriental rugs, blown glass and other handcrafted items. She has rented the space next to the flower shop, The Vintage Rose. She will use the existing signage for the space and add a sign directing people to her shop who enter through the flower shop. Customers will park in existing parking lots, depending on how they enter The Crossroads. The store will be called Ma Petite Chou.
Silverman noted hers was an allowed use covered by the site plan for The Crossroads.
Public hearing: Richard Rettig proposes a three-lot subdivision of property located on East Lake Road and Howeville Road, Map 21, Lot 36, Rural District.
Mr. Rettig was joined by Kevin Horgan, a representative of the Graz Engineering firm, who described the subdivision. Mr. Rettig met with the Board for a preliminary
consultation last year and said he’d asked Paul Grasewicz to suggest a subdivision plan appropriate to the site. Mr. Horgan said the plat submitted tonight was basically the same as the one submitted in the preliminary. Using the plat, he described access to the lots and frontage requirements based on lot size. He noted that access from East Lake Road would perhaps use an existing old driveway, but that it may exceed driveway slope requirements. Without knowing where an owner might site a house, it is difficult to determine the access point.
Access from Howeville Road to the second lot will probably use an existing old lumber road. There is an existing house on one of the lots with a paved driveway.
Wetlands have been delineated and all the lots have more contiguous upland than required.
Ms. May, an abutter whose property was once a part of an original homestead that included Mr. Rettig’s property, expressed her concern with the loss of privacy this subdivision would mean to her. She said she was also concerned environmentally and ecologically, saying there are many animals on the property. She’s concerned that the wetlands have not all been marked, and is opposed to development when there are issues that are not clear cut. She implied there were two issues in particular that the Board knew about that were not clear. Pini asked her which issues she referred to. Ms. May said they had just completed a subdivision and had to meet certain frontage requirements, and further there were issues of grandfathering that Chairman Silverman was familiar with.
Landy noted the lot on East Lake Road has 220 feet of frontage. Mr. Horgan clarified that it was a hammerhead lot which requires 50 feet of frontage because the lot is larger than 160,000 square feet, per the Land Use Ordinance.
Silverman asked about the percent of slope on the East Lake Road lot. Kevin said the only place it exceeds 15% is in front of the cabin that is on the property. He said the driveway may actually be less than 15% since it follows the slope of the land. This driveway has a culvert in place. Following a brief discussion of other possible access using a right of way along the property’s north boundary, Silverman noted the town has a functional access regulation and using a right of way is not an option. A building permit would not be issued in that case. Landy said he wanted to see the slope and driveway noted on the plat. Haynes wanted to see the size of the driveway in relation to the boundaries.
John Walton, an abutter, asked about setbacks from wells. His well may be within 75 feet of the boundary. The 75 foot setback for wells is a state regulation and it applies to setbacks from septic systems. Parker said the town has a 100 foot setback from roads for wells to insure that road salt in the winter does not contaminate wells; however, it can be waived with a release of liability. He asked to see elevations on the plat.
Pini asked about drainage issues and was told there is a ditch along East Lake Road that connects to the culvert already in place.
Silverman asked if there were any agreements with the previous owner regarding subdividing. Mr. Rettig answered no.
Mr. Dwinell, an abutter, was concerned that his shallow well would be contaminated by runoff and by a septic system on the East Lake Road lot. He said the land is steep and he didn’t want it subdivided; he will lose privacy, his home is part of his children’s inheritance, and he pays dearly in taxes for the property and doesn’t want to see it contaminated.
Ms. May said the cabin can’t be changed, it is grandfathered. Landy explained the cabin may not be used, noting that the building square is further back on the lot. Ms. May said the land near the gravel road is very wet. Mr. May said he thought it was wrong for the town to accept a speculator coming in to divide land and sell without even living on it. He thinks it is sets a bad example to approve this subdivision.
Pini said she completely sympathizes with his feelings, however, if she doesn’t own the land she can’t do anything about how it’s used, except through zoning. This subdivision, she added, appears to comply with zoning. The fact that the owner doesn’t live here is not relevant.
Pini suggested a site walk and the Board agreed. It is scheduled for July 10, 2006 at 5 PM. The Board will meet at the driveway on East Lake Road. Mr. Rettig agreed that abutters were welcome to attend the site walk as well.
Mr. Walton clarified that only two new houses could be built in this subdivision. There is one existing home and there will be only two new lots created. Ms. May asked about setbacks and was told that in the Rural District they are 75 feet for the front and 20 feet for side and rear yards.
Landy asked that soil percolation information be added to the plat, even though it is not required by the state.
Haynes moved, Silverman seconded and the Board voted to continue the hearing to July 18, 2006 at 7:15 PM.
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.
Mr. Plourde, PSNH, requested that the hearing be continued to July 18, 2006 at 7:05 PM because he has not been able to get the requested information from the Wetlands Bureau in time for tonight’s hearing.
Site Plan Review technical amendment: Carolyn Edwards wants to build a deck for tables and outside service for Sunflowers Café at the Crossroads, General Business District.
Ms. Edwards reminded the Board that the Sunflowers Café had been approved to have dining at outside tables with the original site plan approval. She would like to have those tables on a deck now. She has checked with the Fire Department and they OKed using the fire exit door from the restaurant to access the deck as long as there is an exit off the deck in the immediate area. There will also be another access point to the deck so people don’t have to access the deck only from the restaurant. The deck will have a railing. She needs final approval from the state liquor commission.
The deck will be 14 X 28 feet, holding 5-6 tables with umbrellas, constructed of pressure treated lumber and built by Jim Chamberlain. No awning is planned. Gray asked about accessibility for the handicapped. She wanted to clarify that two handicapped accessible access points are not needed and asked to have that put in writing. She asked about lighting and Mr. Rettig said no additional lighting will be necessary because there are two exterior lights on the building now on motion sensors and they will be used. Ms. Edwards noted the restaurant is only open one evening in the week and the deck will be used in the summer. Pini asked about weight load on the deck and Mr. Chamberlain responded that the deck will be supported on 12” concrete sonatubes with a triple 2X10 carrier beam. All
framing will use 2X10 pressure treated boards. There was some discussion of using composite material and Gray noted that material may be slick when wet. Landy clarified that there will be no tables in front of the door and Mr. Chamberlain said fire codes required a setback from any door.
Silverman asked about additional signage and was assured none was planned. There is enough parking to serve a potential increase in the number of customers.
Landy moved, Schott seconded and the Board voted to approve the technical amendment to the site plan adding a deck for outside dining.
Mr. Rettig asked the Board about his plans for the middle section of the Crossroads space. Since the space is currently vacant Mr. Rettig would like to put in a retail shop of his own and wondered if he’d need a meeting with the Planning Board. Silverman indicated he may want to have a brief meeting with the Board once he’s determined the nature of the shop.
Wetlands Hearing: John Lawless proposes construction of home and additions located at 12 Pine Road in Woodbrook, Map 42, Lot 1-72.
Mr. Lawless explained he wants to shift the original trailer site and reorient a new trailer on a poured concrete pad. Woodbrook rules require a recreational vehicle of some sort on every site. He then plans to stick build around the new trailer and add an addition and screen room and a deck. He’ll remove the existing shed and add a new storage shed. In addition to the concrete pad there will be a sidewalk along the dwelling.
The Conservation Commission did a site walk and made several recommendations regarding drainage, fill and tree cutting. Carl Hagstrom delineated the wetlands and inspected the drainage swale that concerned the Conservation Commission. The trees that were cut were all dead or diseased. The swale is not a wetland but does catch rainwater, which concerns Mr. Lawless as it is a place for mosquitoes to breed. Mr. Hagstrom suggested adding a grassed drainage swale to control runoff. While the existing trailer and proposed trailer encroach on the Fitzwilliam 75 foot setback from wetlands, the original trailer was sited prior to the Wetlands Ordinance taking effect. The state shoreline protection minimum setback is not violated. Mr. Lawless’ wetlands application pre-dates the 2006
amendment to the WPOD prohibiting all structures from the 75 foot setback.
Applying Section 127-16.1 D. (7) (a) and (e), it appears Mr. Lawless is exempt from restrictions of the WPOD. Maintaining, repairing or replacing an existing and lawfully located structure is an exempt activity, as is the construction of additions and extensions to existing structures if they meet several criteria, which the Lawless proposal does.
Silverman asked about wastewater. Mr. Lawless said there is a common holding tank and septic field and his dwelling is connected to that system. Pini asked if the new concrete pad would change drainage patterns, if the pad needed to be there at all. The current structure is on pilings. Mr. Lawless said the concrete pad would be covered by the trailer, except for a 3 foot extension of the pad – he may be able to put additional drainage under the pad. Pini asked if the Board could add conditions, similar to ones put on another property in town. She would like to have the conditions on the plat.
Carmen Yon suggested tying drainage to the swale and dry wells which would slow runoff down before it reaches the wetlands. Silverman asked that Mr. Hagstrom place dry wells on the plans, noting sizes that will handle the runoff and take the place of the swale in terms of slowing down the water so it drains off the lot at the same rate it does now. He asked that a gutter system be installed on the roof, to prevent erosion around the house. He asked that there be minimum fill used to level particular areas and that it be kept away from the wetlands.
Silverman moved, Haynes seconded and the Board voted to continue the hearing to July 18, 2006 at 7:45 PM.
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