Members present: Terry Silverman, Chairman, Robin Haynes, Carlotta Pini, and Diane Schott and Tom Parker, Selectmen’s representative.
Call to Order: The meeting was called to order at 7:00 p.m.
Public hearing: David Hendry application for a Boundary Line Adjustment on property located at 127 Rockwood Pond Road, Map 38, Lot 06, Rural District.
Silverman recused himself from this case. Pini chaired the public hearing.
Rick Lewis and David Hendry presented the application, explaining that with two boundary line adjustments, a narrow strip of land will be added to a back lot, owned by Mr. Hendry, giving it waterfront access, and a small section of land, which includes a Bateman family burial site, will be deeded to the abutting Bateman property.
Pini clarified the zoning regulations to insure that Map 38, Lot 5 would remain conforming and Map 38, Lot 6 would become more conforming.
Mr. Dion, an abutter clarified that his property would not be impacted at all by the adjustments. Hendry and Lewis agreed.
Frank Bateman expressed his appreciation to Mr. Hendry for restoring the family burial site to Bateman ownership.
Schott moved, Haynes seconded and the Board approved the Boundary Line Adjustments as shown on the plat.
Preliminary consultation: Sharon Esper to discuss a home occupation located at 22 Richmond Road, Village Center Business District, Historic District, Map 32, Lot 25.
Ms. Esper explained she owns a barber shop in Rindge, open Tuesday through Saturday, and wants to install one chair in her home and cut hair on Mondays in Fitzwilliam from 9 AM to 5 PM. She does not plan to provide any other services, except cutting hair. She is a licensed barber and cosmetologist.
The sign she plans is similar to the one used by the antique shop next door and has been approved by the Historic District Commission. She will be the only employee and the shop will be located inside her home. Patrons can park in her driveway or in front of the shop. Ms. Esper noted that she expects only one customer at a time will be in her home.
Haynes noted this is an allowed use under 127-11 L. Silverman added that if Ms. Esper branches out to include other services she will need to come back to the Planning Board for a site plan review. Silverman said she is all set to open this home occupation in the Village Center Business District.
Preliminary consultation: Nancy Carney to discuss a home occupation located at 38 Church Street, Residential District, Map 29, Lot 1.
Nancy Carney presented the concept. The Zodiac Safety Services LLC will be located in Wendy Carney’s home at 38 Church Street. It is a consulting business and all consulting is conducted off site. There will be no signage, and no changes to the exterior of the property. Any meetings with subcontractors will be conducted off site.
Silverman noted the use is an allowed home occupation and requires no site plan review.
Minutes: The Board reviewed minutes of the October 3, 2006 meeting. A suggestion to include a date for the previous approved minutes was noted. Haynes moved, Pini seconded and the Board approved the minutes as written.
Administrative: Regarding the Land Use Budget, Silverman clarified that the costs for the proposed 2007 survey were included in the regular budget, not in the CIP budget. Survey costs can be found in the consultant, printing and postage lines in the 2007 Planning Board budget.
Silverman noted that during his meeting with the CIP Committee, Carmen Yon asked him about the need for a permit for a bridge being constructed by a property owner in town. Research has indicated that recent legislation (RSA 482-A) did include bridges as structures which required a state permit. The Selectmen will follow-up.
Pini reported on a meeting she’d attended regarding the Troy Mills Project. The Project proposes a 150 residential unit phased development with a supermarket, fitness facility, movie theater, restaurant, etc. Within the next year some of the residential units will be occupied. They will be marketed at an estimated $250 per square foot.
Selectmen’s report: Tom Parker reported on the status of the pending legal case regarding radio towers. He clarified that someone on the Planning Board is monitoring progress. More than $22,000 has been expended to date on the case.
Another item called attention to an apparent discrepancy between policy and ordinance, specifically 127-36 C. The Selectmen’s policy is to issue a building permit to rebuild a nonconforming structure on the same footprint if the structure has been voluntarily demolished. The ordinance states that if a structure is damaged by “fire, flood or similar disaster….” it can be rebuilt with a special exception. This apparent discrepancy will be researched.
Parker stated that the Selectmen will only inspect for compliance with state code and codes which the town has adopted. The town has not adopted the life safety codes at this time. The town has not enacted a town building code.
Parker reported that the Historic Fitzwilliam Economic Development Association had expressed interest in the Hancock property.
Ordinances Review:
Rezoning Upper Troy Road – Silverman noted that when the original district zoning was enacted in 1987, the residential zoning included any lots that were already developed and it was expected that the remaining parcels on Upper Troy Road would not be further subdivided. He said they did not envision a village sprawl.
Responding to a question from Schott about destruction of meeting tapes, Silverman noted that the Board would decide on a case by case basis whether certain meeting tapes should be kept in anticipation of possible litigation, rather than formalize an exceptions procedure.
Pini volunteered to work on the nonconforming structures issue, and on driveways. She will also look into state and federal definitions of elderly housing pursuant to the growth management ordinance.
Silverman asked that the hammerhead ordinance be reviewed.
Silverman asked that the owners of 55 Housing be consulted regarding their current position on developing elder housing.
Haynes volunteered to work on the livestock ordinance.
Public hearing: Steve Filipi proposes a seven lot subdivision of property located on Upper Troy Road, Map 15, Lot 6, Residential, Rural and Historic Districts.
Mr. Filipi presented plans that closely followed plans presented during the preliminary consultation. He proposes a seven lot subdivision; lot # 6-4 will be a hammerhead lot encompassing 39 acres of land including the pinnacle, and will use existing stone walls as boundary lines. Access to the building location on lot 6-7 would require a wetlands crossing, and there is an existing old logging road crossing that can be used. Three lots (6-1, 6-2 and 6-3) may share a common driveway; lots 6-4 and 6-5 could share a single curb cut. In pointing out frontage and lot lines, Mr. Filipi noted that these lines could be moved to increase or decrease frontage. Lot 6-7 has a quarter acre section where the slope exceeds 15% in the contiguous upland section; the remaining lots are compliant regarding slope.
He reported that the town water commission may be interested in lot 6-7 as a possible source of uncontaminated water for the town. They are searching for water without radon contamination. Lot 6-7 is large enough to provide a protective radius around any town well. If a town well is located on that lot, all lots in the subdivision could then be on municipal water.
Mr. Filipi said he would be willing to stipulate that the pinnacle lot be limited to only one house site, and further that no building will be constructed on the pinnacle. The parcel has potential to accommodate 15-16 lots if a road is built to access them. He wants to limit development on the parcel since it abuts land in conservation easement.
He noted that the subdivision is designed to mirror village development with small lots, to fit in with the neighborhood. Test pits have been done for six lots; Lot 6-7 was not done because the house site is undecided. He said it will be fairly easy to control erosion on lot 6-7 because it is so flat near the road andstandard measures will suffice to control runoff.
Silverman moved, Haynes seconded and the Board accepted the subdivision application as complete. Silverman explained to abutters that this vote means that Mr. Filipi has all the pieces necessary for a complete application. Now the Board can begin deliberations on the application.
Silverman asked if flow studies had been done on the parcel. Mr. Filipi said no, and redirected the question to Sharon Monahan, wetlands scientist and septic designer. Ms. Monahan said storm water calculations can be done, but they won’t be high. The wetlands are totally drained and there is not much slope on the front lots.
Silverman opened the hearing to the public, noting all questions should be directed to the Board.
John Tommila clarified his abutting boundary.
Mrs. LaFond, 94 upper Troy Road, asked about driveways and the possibility of them impacting her property.
Ms. Partello, 23 Upper Troy Road, noted she is not a direct abutter but is an interested party whose property may be affected by this subdivision. She asked what percentage of the property will be paved, stating that impervious structures and surfaces increase runoff; that runoff increases as impervious surfaces increase beyond 3% of property.
Nancy Roehl, 69 Upper Troy Road, agreed that there is already a runoff problem, basements are flooded and water runs down the street. She wants to insure there is a water runoff management plan in place.
Mrs. Dubecki, 50 Upper Troy Road, is also concerned with increased runoff due to logging and construction cutting.
Ms. Langer, 12 Upper Troy Road, is at the lower end of the road and agrees that the water runoff now is outstanding. She said her old deeds refer to water runoff and aquifers; soil erodes off the granite base and creates a lot of water issues, including failed septic systems in the town.
Ms. Partello said her backyard is a sponge at certain times of the year, and the runoff is already destroying the basement foundation. Cutting trees will just increase the runoff.
Mrs. LaFond asked if runoff might contaminate water wells. Ms. Partello said that development will bring an increase in the number of contaminants that get into the ground water, like oil, pesticides, septic contaminants, etc.
Ms. Langer said the Fitzwilliam Inn has to have its septic system pumped every month because there is so much water entering it from runoff. She asked the Board to think about the failing septic infrastructure in town before voting on this subdivision.
Ms. Partello, referring to the Master Plan and the Community Forum Report, noted that residents want to maintain the rural character of town and the historic nature of the town, especially in the historic district.
Mrs. LaFond raised the issue of current traffic on Upper Troy Road and the impact new homes will have on it. Mr. LaFond thought that it was an odd time for development with the housing market cooling, but wondered about the tax impact on the town of new development. He added that the subdivision is proposed on land that has been undeveloped for a million years. He suggested it could be smaller, with fewer houses. He noted that once it is built the town will have to live with it for years.
Mrs. Buonomano said this parcel is unique, it abuts conservation land and the subdivision would put the largest lot into private hands. She asked the Board to consider the number of lots with homes, grouped so open space is protected.
Pini agreed. She believes having a number of houses along the road chops up the land and wonders if a cluster development could be planned, with more open land protected, especially the sections abutting conservation land.
Silverman read a letter from William Pine, an abutter, expressing his concern about water runoff, conservation land and building in the historic district. It is part of these minutes.
Mr. Filipi believes that if the development was clustered there would be a greater impact on the land.
Mrs. Buonomano asked if cutting on the lots could be limited. Silverman explained that the Planning Board could ask the developer to keep buffers but once the lot is sold the owner can do what they wish.
Silverman listed the issues raised by abutters: mitigation of water runoff, conservation of open land, and maintenance of rural character. He suggested a site walk. The Planning Board will walk the site on Saturday, November 25, 2006 at 9 AM. Mr. Filipi welcomed all abutters to join the Board.
Ms. Partello asked about ongoing water issues after subdivision is approved. Silverman asked her to look into the liability and legalities involved, noting that the Board is bound by our subdivision regulations and state code regarding private property.
Sharon Monahan stated that the septic and leach fields will be 75 feet from wells and wetlands, that the soil types are good for retaining water, noting that the chain of wetlands are actually a chain of springs between two hills. She said this was not a ledge site.
Ms. Langer disagreed, noting there are granite ledges in the area.
It was noted that lots 6-1, 2 and 3 would have a view of Mt. Monadnock if trees were cut on the property – so it is expected that the trees will be cut.
In response to questions about procedure, Pini noted the Board can only approve or deny the application as presented. The Board can suggest changes. The Master Plan and the Community Forum Report are tools for creating or guiding ordinance development but they are not the town’s current ordinances. Silverman noted the Planning Board is constrained by the ordinances as to what the Board can legally do. He added that the Board likes to try to come to consensus with a developer.
Silverman moved, Haynes seconded and the Board voted to continue this hearing to Tuesday, December 5, 2006 at 8 PM. Schott abstained.
Public hearing: William Gordon and John Heikkinen propose a two lot subdivision of property located on Templeton Turnpike, Map 3, Lot 02, Rural District.
After reviewing the application, Silverman moved, Pini seconded and the Board accepted the subdivision application as complete.
The Board reviewed plans. Silverman noted the developers were proposing a 7 acre hammerhead lot and a 5.5 acre front lot with reduced frontage. The parcel is part of a subdivision approved last year for the Eddy’s. Haynes noted the Board had walked the property and there are no wetlands on the parcel.
Silverman asked the developers if they planned to build on the land and they said they’d probably sell the lots. Schott said the lot was on a Class V road but in a very rural part of town.
Silverman opened the hearing to the public.
Mr. Foisey, 738 Templeton Turnpike, wanted to know road capacity, noting the road is in terrible condition right now. He didn’t think the road could support construction trucks and increased traffic. Silverman noted the road is built on a swamp and has no real base, but the question is would one more house contribute to the deterioration of the road. Abutters noted that just this year two more school buses use the road and there are four new houses already on this stretch of road. They added that seasonal residents in Massachusetts use the road part of the year.
Silverman reminded the public that right now one house can be built on the lot, and is it feasible and legal to have one more house on the parcel. Pini said her position is that it is a Class V town road and the town must maintain it. Parker said it takes money to upgrade the roads and choices must be made on which roads to upgrade. He added that in the 1970s there was a lot of building in the area. It was noted that in this area a proposed large development was ruled scattered and premature.
Mr. Foisey stated that he and his wife had chosen Fitzwilliam five years ago and love their home. He can hunt and fish from his backyard. He wondered where development would end. Silverman said that under current town ordinances the lots cannot be further subdivided after this subdivision, if approved.
Pini recalled that there was some discussion with the Eddy’s about deed restrictions on further subdivision of their lots and they were not interested in pursuing any restrictions. The Eddys did agree that they personally had no intention of further subdivision or development.
Pini noted that the plat needs to be revised to reflect current owners of record. Silverman asked that the curb cuts be further defined and that the building square in the hammerhead lot be defined.
Silverman moved, Haynes seconded and the Board voted to continue the public hearing to Tuesday, December 5, 2006 at 8:30 PM, if the changes can be made in that time.
Silverman moved, Haynes seconded and the Board vote to adjourn at 9:45 PM.
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