Members present: Terry Silverman, Chairman, Suzanne Gray, Robin Haynes, Mac Landy, Carlotta Pini, Diane Schott and Tom Parker, Selectmen’s representative.
Others present: Nancy Carney, Deputy Fire Chief and Paul Grasewicz, alternate.
Call to Order: The meeting was called to order at 7:00 p.m.
Appointment: Matt Buonomano to discuss zoning issues related to development of the Hancock property.
Mr. Buonomano said a group of residents was forming to explore the purchase of the Hancock property, which the town voted not to purchase at a Special Town Meeting in October. Because of the nature of the land, with its open fields, this group is exploring ways to both preserve the land and break even on their investment, which would mean developing some parts of it. They have analyzed the problem from several perspectives. Their fear is that a developer, in order to make a profit, will develop it in a way that will use the entire frontage and create new roads as well, under current zoning ordinances. The group looked at current ordinances and wants to suggest alternative development options, which would entail some changes to the cluster development ordinance and to the frontage requirements.
They feel their proposal would preserve more land as development continues.
Mr. Buonomano said they don’t want to increase the number of lots in Fitzwilliam, but want to ‘swap’ development rights on one piece of land for increased density of units on another parcel.
Gray said a transfer of development rights program, which is in effect what the group is suggesting, is implemented in three NH towns now. Dover, NH regulations refer to sending and receiving areas (one parcel will ‘send’ its development rights to another parcel that ‘receives’ them). The local legislation is enabled by RSA 674:21. Lee, NH only applies this program to abutting properties.
Pini said she’d heard about this program in a Smart Growth workshop and likes the idea, but would want it to be at the discretion of the planning board rather than a given. Gray said Dover, NH has selected properties they want to preserve within a Transfer Development Rights overlay district. Mr. Buonomano said it is a win-win situation for all – an owner could both sell development rights to their land and then sell the land as conservation land.
Pini would not support an overlay district but suggested amending the cluster development ordinance so the board could factor the ‘sending’ area into the cluster ordinance density and open space formula.
There was some discussion about identification of sending areas. Several groups in town are working on identification of natural resources now and would be consulted.
Mr. Buonomano would prefer that the Board propose ordinance changes but he would consider petitioning a warrant article. Silverman said he didn’t think it was likely to get to the March 2007 town meeting. He cautioned against rushing to make ordinance changes, adding the Board usually takes 3 – 6 months to develop an ordinance and even then it may need tweaking.
Silverman said he sees several problems with the proposal: 1.) adding new roads, rather than encouraging use of existing roads, burdens the town in terms of road maintenance; 2.) there may be a need for design regulations for a dense cluster development; 3.) if density is allowed to increase on one lot, the town may lose the ability to go back to a lower density; 4.) concern about the timeframe for getting an ordinance ready for Town Meeting this year; and 5.) concern that a petitioned article that is developed for one parcel in town may not apply to the rest of town.
Silverman added the town is not attractive to large developers now; the largest proposed subdivision was for 13 houses several years ago, and it was not approved. The Planning Board will want to look at the proposal in detail and so more research. He said he loved the fields on Jaffrey Road but to do something that may endanger the rest of the town is not OK. Jaffrey Road is a main road and so development along the road is not an additional burden to the town. He noted that the Board has already used cluster concepts to make subdivision proposals better. He thinks the swap concept is especially good with contiguous properties. Pini added that preserving open space is good, but it should be continuous open space, not creating pockets of open space dotted across town is not effective.
Gray said she would like to continue researching the concepts. Schott added the ideas have merit. Mr. Buonomano said there was a lot of interest in investing in green space now, as it is an opportunity to make money while saving land. Silverman asked Gray to continue researching amendments to the cluster ordinance.
Preliminary consultation: Ed Van Blarcom to discuss a two lot subdivision of property located on West Lake Road, Map 6, Lot 31-01, Rural District.
Mr. Van Blarcom presented his ideas using a tax map to orient the Board. The parcel is 13 acres with 570 feet of frontage. It is bounded on all four sides by stone walls with an interior stone wall he would propose to use as a boundary dividing the parcel into two lots. There is a culvert and a spot of wetlands on the front and there are no buildings on the land now. He has a temporary driveway permit to allow timbering the parcel. This could become the curb cut for one parcel and a second would be needed for the other. He said there are good line of sight distances for both driveways.
He said he is leaving a buffer as he timbers, and is cutting selectively. The house sites would be to the back of the lots. One lot slopes up from the road, the other slopes up in back, and that lot may have a view of Little Monadnock.
Silverman suggested he needed to have the parcel surveyed and wetlands delineated.
Minutes: The Board reviewed minutes of the December 5, 2006 meeting. Gray moved, Schott seconded and the Board approved minutes as written.
Ordinance review:
Growth Management Ordinance – Pini referred to a letter from an attorney clarifying exemptions for subdivisions created prior to the GMO taking effect. The GMO is a town zoning ordinance and should apply wherever other ordinances would apply.
“Lots in approved subdivisions are exempt from the GMO to the same extent they are exempt from zoning ordinance changes. NH RSA 674:39 creates two types of exemptions. First, lots in approved subdivisions are exempt for four years from any change in subdivision regulations and zoning ordinance provisions if active and substantial development begins within 12 months of subdivision approval. Second, once the improvements shown on a plan have been substantially completed, then the owner has a vested right to complete the development regardless of subsequent zoning changes.”
It was generally agreed that Fitzwilliam did not have, at the time the GMO was approved, any subdivisions that fit the criteria to be exempt from the ordinance.
Pini researched the definition of ‘elderly’ used in the GMO and SWRPC said the distinction between 55 and 62 as a definition of elderly at the federal level has been changed and 55 is the only legal limit today.
The following ordinance amendments will be completed for review on January 2, 2007 for posting on January 3, 2007 for public hearings beginning on January 16, 2007:
· Light industrial zoning district changes - staff
· Livestock ordinance changes - Haynes
· Sign ordinance changes - Landy
· Hammerhead ordinance, Article V, section 127-19 D, deletion – staff
· GMO changes - staff
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.
Dianne Schott recused herself as a resident of Upper Troy Road.
Silverman reported he met with Chris Covel, hydrologist, and they did a site walk of the property today. They discussed their preliminary findings with Mr. Filipi after the walk, and there may be some changes to the proposal.
Using a map of the property, Silverman pointed out three major fractures that create a large bedrock aquifer. This is the source of water running off the property and down into town. Mr. Covel was adamant about protecting this aquifer as a source of clean drinking water, a rarity in southern NH especially. Mr. Covel fears that unless the plan is altered the aquifer will become polluted within 5 to 10 years. He’d like to see the proposed homes situated so runoff does not flow toward the fractures. He recommended protecting the fractures linearly, rather than with a radius approach like the town wetlands buffer. They noted that the land to the west of the property above the fractures is probably the best for development. Mr. Covel will submit a report with recommendations.
Mr. Filipi will need to decide what steps to take next, after receiving the report.
Silverman moved, Pini seconded and the Board voted to continue the public hearing to January 2, 2007 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.
Schott rejoined the Board. Following the site walk on December 14th, the owners agreed to have the wetlands delineated. Neither of the property owners were present, nor has a revised plan been submitted to the Board. Several abutters were present.
Landy moved, Schott seconded and the Board voted to continue the hearing to Tuesday, January 2, 2007 at 8:30 PM.
Pini moved, Gray seconded and the Board vote to adjourn at 8:40 PM.
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