Town of Fitzwilliam, NH - Planning Board Minutes 12/05/06

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

Preliminary consultation: PSNH top discuss construction of a new electrical substation on a 55 acre parcel between Old Route 12 and Gap Mountain Road, Map 18, Lot 29, Light Industrial and Rural Districts.

Chuck Young, Ambient Engineering, and Eric Frazier, PSNH, presented the preliminary plan for the substation. Mr. Young introduced the project in general terms as an integral part of a regional project to upgrade service. The substation will be located near existing transmission lines. The project will add switching capabilities to distribution and transmission lines and provide back-up for regional facilities.

PSNH proposes access from Route 12 through an existing entrance at the VFW property. There is an old logging road that may be used. They will present more detailed plans when they are complete. An eight acre parcel will be fenced to enclose the substation, consisting of transmission bays, transformer bays and receiver bays. A control house is located on the site too. Mr. Frazier said this is a phased development and the plans illustrate the ultimate build-out. Redundancy is built into the project for security.

Poles to connect the bays to the power lines will probably be located in the WPOD. Engineering remains to be completed and they will try to keep as much construction out of the WPOD and wetlands as possible.

Mr. Frazier estimated the site is about 800 – 1000 feet away from the nearest residence on Gap Mountain Road. Mr. Frazier noted the substation will not necessarily add additional electromagnetic fields but it will increase the footprint of the power station. The station will be completely grounded with an underground grid. The transformers will be shielded from each other but are not inside a building. They estimate construction will begin in spring 2007 and be in service in late 2008.

There was discussion of procedure/process, including sequence for waivers, variances and permits. The application may require a wetlands hearing and a variance. Research will be conducted to clarify procedure. Mr. Frazier described the size of the proposed structures, emphasizing that they will be large and the equipment necessary to install them is huge. Details will be forthcoming.

Bladders will be installed under all the transformers to contain 110% of any oil spill. Height of structures is low enough so lights on the tops will not be necessary. There will be minimal night lighting for safety purposes and it will be shielded. After construction is completed, no permanent employees will be on site. The substation will be fenced with an outward slant at the top to prevent climbing. The station will be fitted to manage lightening strikes.

Mr. Frazier suggested the Amherst, NH substation as similar to the one proposed in Fitzwilliam. The Fitzwilliam substation will be located about 600 feet off Route 12 with vegetative buffers around the station. No water or septic facilities are needed at the site. The building will have fire extinguishers but there is no need for other fire suppression.

Minutes: The Board reviewed minutes of the November 21, 2006 meeting. A typo will be corrected. Haynes moved, Pini seconded and the Board approved minutes as written.

Public hearing continued: Steve Filipi proposes a seven lot subdivision of property located on Upper Troy Road, Map 15, Lot 6, Residential, Rural and Historic Districts.

Silverman reported on the Board’s site walk on November 25, 2006. The biggest concern is with storm water management, including possible tree cutting on Lot 6-07 for a house site. The town would like to engage a hydrologist at Mr. Filipi’s expense to review the plans and the property to make a determination about best practices and minimizing impact of development.

Silverman opened the public hearing. Ms. Partello asked what the hydrologist will observe. Silverman said the Planning Board wants to mitigate any impact of the subdivision; to insure that development does not exacerbate problems that already exist. He noted that the Board cannot ask Mr. Filipi to fix existing problems, acknowledging that some problems may be addressed during development though.

Mr. Buonomano spoke in support of the development. He noted that in rural areas development is springing up with homes spread along the road on three acre parcels. He feels that the town should encourage development in areas that are already more densely populated to prevent further sprawl. Various amenities, like high speed internet service, town water and sewers, can best be provided in higher density areas. He encourages cluster development for this subdivision to limit disruption of the land to 9 – 15%.

Pini asked if there was any way to extend the common drive proposed for the three front lots to serve lot 6-07, minimizing impact on wetlands and removing the need for a wetlands crossing. Mr. Filipi agreed to consider that suggestion. Nancy Carney, deputy fire chief, said the department will wait until more detailed plans are available before reviewing them for driveway specifications.

Haynes asked if Mr. Filipi could include deed restrictions limiting further development on lot 6-07. Mr. Filipi noted that if there is a town well on that lot, the well protection radius will include about half the buildable area. He said he would restrict development on lot 6-04 to one house lot, in effect making it conservation land. Schott asked about access through lot 6-04 to reach the Monadnock Conservancy property bordering the subdivision. Mr. Filipi said there would be no problem in adding an access for the conservation land as a deed restriction.

Kevin Dubicki asked if there was a way to restrict private owners from cutting trees, which may increase the impact on storm water runoff. He is concerned that private owners will cut trees to access their view of Mt. Monadnock. Silverman said the Board would ask the hydrologist to determine the impact with the subdivision fully developed. Filipi noted the plans call for a greenbelt on the first three lots.

Ms. Partello referred to a handbook from the Southwest Regional Planning Council that states that the Planning Board’s job is to ‘help prevent negative impacts regionally.’ Pini noted that regional impact does not come into play in this case since this subdivision does not affect other municipalities. Pini added that the Planning Board can ask the developer to provide buffers but once the lot is privately owned, the owner can do what they want.

Silverman referred to criteria in subdivision regulation 221-23 that help determine if the subdivision is scattered and premature. The Board wants to work with Mr. Filipi to make it the best subdivision possible. Pini noted that if there is an engineering solution and Mr. Filipi is willing to make the improvement, then the Planning Board has to approve the application.

Silverman entered two letters from abutters, Roehl and Tighe, into the record. They are a part of these minutes. Pini noted that most of the abutter comments revolve around preserving the rural character of the town and the town’s ordinances do not speak to that per se. Ms. Partello said her issue was water runoff.

Silverman moved, Haynes seconded and the Board voted to continue the public hearing to December 19, 2006 at 8 PM. If the hydrology report is not complete the hearing will be continued to January 2, 2006 at 8 PM.

Public hearing: William Gordon and John Heikkinen propose a two lot subdivision of property located on Templeton Turnpike, Map 3, Lot 02, Rural District.

Neither of the property owners were present, nor had a revised plan been submitted to the Board. Several abutters were present.

Silverman noted that the Board had been advised by the Local Government Center attorney that the developers can subdivided a hammerhead lot on this parcel per town ordinance; such action is not precluded by the fact that this lot is part of a previously subdivided parcel.

Paul Grasewicz, alternate Board member and wetlands engineer, had left a message for the Board regarding the possibility of wetlands on the parcel. The plan did not have wetlands delineated.

Silverman noted that using one curb cut to serve both lots may have a negative impact on the driveway across the street. He suggested a site walk, if the owners of the property can be contacted.

Silverman moved, Haynes seconded and the Board voted to continue the hearing to Tuesday, December 19, 2006 at 8:30 PM.

Administration: Tom Parker reported that a question had come up over the number of building permits to be given out in any one year. Silverman stated his interpretation was that any building permits given out should stay within the developer/ individual categories, rather than giving designated building permits to another category of builder.

While the Board previously discussed possible exemption of subdivisions that were approved prior to passage of the GMO, Pini noted that the Board may have had a faulty understanding of the vesting statutes and exempting existing subdivisions may not be necessary. Silverman said he felt the GMO should apply to all subdivisions. Pini will further clarify this position at the next Board meeting.

Haynes and Schott reported that the Monadnock Advisory Commission requested a letter from the Planning Board in support of the Jaffrey Mountain Zone ordinance. A proposed development in Jaffrey may undermine the ordinance. Haynes moved, Silverman seconded and the Board voted to send a letter in support of the ordinance as a way to maintain the integrity of the Mountain Zone.

Pini introduced proposed driveway regulations and the Board discussed them briefly. Pini noted that RSA 236:13 V gives the Planning Board jurisdiction over driveway permitting, if the Planning Board has been granted the power to regulate subdivision of land. The Fitzwilliam Planning Board has been granted the power to regulate subdivision of land. Pini is concerned that if the Planning Board does not adopt regulations, issuance of driveway permits may not be legal.

The RSA states that the regulations may delegate administrative duties, including issuance of permits, to the road agent, board of selectmen, or any other qualified official or body. Currently in Fitzwilliam driveway permits are issued by the Road Agent.

Silverman asked if we are a town that wants detailed driveway standards. Schott suggested certain minimums rather than detailed regulations. Parker noted that there was no evidence of problems doing it the way the town has been doing it. He recommended that the Board not jump into road construction. Pini said the Local Government Center highly recommends that driveway standards be officially adopted. A copy of the current driveway regulations for Fitzwilliam was reviewed.

Silverman noted that the Planning Board was trying to comply with state statute, which states driveway regulations must be adopted and the Planning Board is authorized to adopt regulations. He said he would propose that the permitting process remain with the Road Agent. He added that driveway regulations should be in the town regulations in case the town is sued. The Board will continue to review the current driveway regulations and the proposed draft of driveway regulations with a goal of developing regulations and an administrative procedure that works for Fitzwilliam.

Carney stated that the Fire Department would like to know when there is a driveway application so they can review it for safety equipment access and work with the Road Agent to accomplish a good driveway. Pini added that if the town had specific driveway regulations then engineering plans would have to include driveways, making permitting process easier for all. The current Fitzwilliam driveway policy will be distributed to all Board members and input from the Road Agent and Paul Grasewicz will be included in deliberations.

· Hammerhead lots – recommend deleting the ordinance in its entirety as outdated for meeting current goals of master plan.