Town of Fitzwilliam, NH - Planning Board Minutes 04/03/07

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

David Green and Matt Buonomano presented a conceptual design for the property and gave maps to the Board. They plan to purchase some of the property and take options to purchase on the remaining property on May 30, 2007. They wanted to discuss the options for development on the various parcels and their goals for the property.

Their goal is to preserve the rural character of the property and conserve open space. To do so they will need to sell some of the components of the property, namely the house and barn and some of the land, which may be subdivided and sold.

They asked about a boundary line adjustment on one parcel, which they hoped would decrease the amount of acreage that would be sold with the existing house, leaving more for open space and a possible subdivision. They hope to keep the fields that front on Jaffrey Road intact as open space.

The Board reviewed the parcel maps and Silverman suggested they come up with a final plan to subdivide all the land, make it a one step process, rather than do a boundary line adjustment (which is a subdivision of sorts) now and then subdivide later.

Following up on a suggestion from Mr. Green, Parker suggested they think about whether they want to give up the hammerhead lot as such, since the zoning has changed and they would not be allowed another hammerhead under the new ordinance.

Silverman said the Board is not a design board, and that they need to contact a professional to help them design the plan to meet their goals. Mr. Green asked if the concept seemed feasible and Silverman agreed it did, that the plan is a low density plan.

Mr. Buonomano asked if they could subdivide the house out of the parcel. Silverman said they would need good frontage for the house and for a future subdivision. Mr. Green said they would offer the open space to others who wanted to use it and they plan to leave stone walls in place with natural buffers around the parcels.

Mr. Gray and his business partner presented their plans. They have rented a 10 x 10 space in the Crossroads for a retail business, selling exotic rolled tobacco and cigars, glass pipes and art glass. They plan to have a humidor. This is their first shop and it will be open from 11AM to 8 PM daily. Because of the nature of the business, they will ID everyone entering the shop and conform to all state laws. Their signage will be similar to others in the complex.

Public hearing: PSNH Site Plan Review to construct a new electrical substation on property located on Route 12 N, Map 18, Lot 29, Light Industrial and Rural Districts.

Mr. Young and Mr. Frazer were present. Silverman entered a letter from the Selectmen into the record, which states the Selectmen will issue a building permit for the substation, following site plan approval, acknowledging there is only driveway access frontage on Route 12 and that the frontage on Gap Mountain Road is a Class VI road.

Parker said the Selectmen will need a letter from the VFW with their agreement sharing the driveway access with PSNH. Mr. Frazer said he and Mr. Young have just met with Mr. Clukey from the VFW to discuss maintenance and drainage issues. They were in agreement and a letter should follow soon.

When asked about the frontage on old Route 12, Mr. Frazer responded that the Department of Transportation maintains the right of way along old Route 12. Silverman asked if the issue of pesticide use was resolved. Mr. Frazer said he’d written a letter, which is being reviewed by the PSNH legal department that states pesticides and herbicides will only be used within the fence line, and two feet beyond, and under the power lines as needed to protect the equipment. He added there are legal agreements with others regarding the rights of way under the existing power lines so he didn’t address pesticide use there. He expects his letter of agreement to be ready by the April 17^th meeting, along with the VFW agreement.

Haynes asked why use pesticides at all. Mr. Frazer said that PSNH does not typically spray but other utilities do. He added that sheep are not very effective either. He said state regulations probably would prevent him from spraying near the wetlands in any case.

Silverman said the amount of tree cutting still remains a concern. Mr. Frazer said a buffer of trees will remain along the boundaries of the property, but trees must be cut within the fall zone to accommodate power lines entering and leaving the substation. The Board expressed concern about the view traveling on NH Route 12 South. Mr. Frazer said the substation plan cannot be rotated so the wires come in from a different direction because of wetlands clearances. He added that the station has been double circuited to minimize the impact of future expansion when tapping into a second high voltage line.

Silverman suggested a site walk and the Board scheduled it for April 10, 2007 at 5:30 PM. The Board will meet at the VFW. Silverman asked if the cut lines have been marked and Mr. Frazer said he’d just spoken to the arborist about that.

Minutes: The Board reviewed minutes of the March 20, 2007 meeting. Haynes moved, Pini seconded and the Board approved minutes as written. Referring to the minutes, Parker clarified that Gap Mountain Road is a Class VI road along the boundary of the PSNH property. And regarding the Filipi subdivision, Parker added that even if the Planning Board lays out a Class V road in the subdivision, the town probably will not accept it. Silverman said he was sure Mr. Filipi understood that, and Filipi agreed he did.

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

Silverman asked that the two letters from abutters the Board received be entered into the record. They are attached to these minutes. Every Board member has a copy of the letters. Mr. Parker asked if Mr. Cinque had not been noticed. Mr. Cinque was noticed but did not claim the certified letter after four attempts to deliver it. The Land Use Office has the returned letter.

Mr. Filipi presented a revised plan, which shows proposed house sites and the recommended aquifer protection zone. The proposed road is 1,302 feet long and the shared driveway extension to reach two lots on the north side is 564 feet long. The radius of the cul de sac is 62.5 feet. Three houses will have frontage on the cul de sac, one of which will entail a long driveway to be situated on a 29 acre parcel farther up the Pinnacle. Four have frontage on the road. There is now only one curb cut for the subdivision and it is on the site of an existing dirt road. Silverman noted it is a really nice place for the road entrance.

The aquifer protection area will not be developed, except for the shared driveway, which crosses the fracture once and the possible access road for the town well. The closest house will be 600 feet from the road. Each house will have its own well and septic system. He would like to put all the houses on a town well and is working with the water district to develop a new town system.

Mr. Sheldon pointed out that Mr. Filipi’s original plan was a legal subdivision and that he is doing this change voluntarily as a compromise with the town to protect the aquifer.

Mr. Filipi said the final plans won’t be drawn until the road has been engineered, since it may need to be changed from this plan to accommodate contour lines. The road will be at about a 10% slope along its length.

Pini asked if there was any way to squeeze the two lots on the north side into the cluster on the cul de sac road. She added it seems better to keep all the houses together. Mr. Filipi said acreage requirements would prevent that. Pini said she didn’t like to see another long driveway off a road that already needs a waiver because it is longer than regulations allow. She added she wasn’t opposed to the road, just to extensions off the road. Mr. Filipi noted that he had to be 600 feet off Upper Troy Road to clear the recommended aquifer protection zone.

Mrs. LaFond suggested putting two houses farther up the hill. Silverman said the property is such that there would be other problems siting houses there.

Pini wondered if the Planning Board wanted to allow smaller house sites on the road and cul de sac. Mr. Filipi thought maybe one site could be squeezed in, but the current design gives owners nice yards and some elbow room. He said the town well road could come off these roads.

The shared driveway is essentially flat, but the road slopes so a retention pond and other water controls will be engineered to manage water runoff. Gray said she had done some research on watersheds in Fitzwilliam and there is a very large one. She wondered if the Board should get another opinion about pollution and the watershed. Mr. Filipi noted that the fracture zone is protected according to Mr. Covel’s recommendations. Gray said the Board doesn’t want to do something that down the road might jeopardize the watershed. Pini wondered if the Board asked Mr. Covel whether the land should be developed at all, or if the Filipi design was a good way to develop it. She asked, did we ask the right question?

Silverman read the Covel report that recommended creating a driveway above the fracture zone rather than a second driveway entrance and recommends not using salt to treat the road in winter. Pini wondered if Mr. Covel was telling the Board that this design is making the best of a bad situation or if it is indeed fine for the property. Silverman said Mr. Covel was asked to identify a fracture protection zone, which he did, noting that anything that falls within the zone can migrate into the fracture aquifer and anything that falls outside of the zone, flows away from the fracture zone. Mr. Filipi said Mr. Covel walked the property and recommended the zone, which was used to revise the original plans.

Mr. Sheldon said anyone outside the zone could use pesticides that may pollute the aquifer and restricting subdivision lot deeds doesn’t make sense. Silverman asked if Mr. Filipi was willing to restrict the deeds and he responded that the whole zone will be protected, and he’d like to wait to discuss any restrictions until the plan is final. Gray said she just wants to insure the Board has done due diligence to protect the aquifer and the town. She said the Board doesn’t want to make the situation worse environmentally.

Pini said she has concerns about the impact of nine new homes on the area, separate from the water issues. She wondered if the Board should get an attorney involved, since the applicant has an attorney. She believes this number of homes will dramatically impact the neighborhood, changing the character.

Mr. Buonomano expressed his opinion that given the cost of roads, development should be more compact and that development closer to town is much better than development in more rural areas. Pini said she was considering the impact not only on the roads but on the police and fire services and on the schools. Mr. Buonomano asked where the Board did want development. Pini said that when the Master Plan is revised in 2008 that issue may be addressed, but right now the Master Plan is specific about maintaining the rural character of the town.

Referring to the chart the Board received in their packet, prepared by staff to address questions about requirements in different districts, Schott said in her experience the conventional wisdom was that the most stringent requirements apply when a property is in more than one district.

Silverman asked if the Board wanted to consult an attorney. Gray said the Board should articulate its questions. Parker suggested asking DES if there were state restrictions to protect aquifers. Haynes noted the town has a groundwater protection plan that has not been implemented. Silverman didn’t think it had been finished. Grasewicz noted that protections are made for the future, not for current situations. Pini wondered if the Board had any grounds to further limit the number of lots or to deny the subdivision; or it the concept of scattered and premature applied; and what if the developer comes back with a 15 lot subdivision – what do we do. Haynes didn’t feel Mr. Filipi would do that, she feels he respects the land.

Silverman said we will talk with DES and to legal counsel, adding he’d love to eliminate the two outlying lots. All agreed that the revised plan was better than the original plan. Silverman added that this plan conforms to the Covel recommendations. Regarding the intersection of Lower Troy Road and Upper Troy Road, the Board had agreed it was a bad intersection, but that the subdivision wouldn’t make it any worse.

Parker gave a brief summary of enforcement actions taken by the Selectmen. Pini asked for an update on the radio tower case. Parker said he hadn’t heard anything from them for a long time.