Town of Fitzwilliam, NH - Planning Board Minutes 05/01/07

Wetlands hearing: Christopher and Susan Benik application to build within the WPOD on a nonconforming lot of record located on NH Route 119 W, Map 31, Lot 7, Res. and Hist. Dists.

Silverman reported the Board had done a site walk of the property on April 24, 2007 and located the wetlands as presented on the plan. Barbara Green represented the Conservation Commission and her report is attached. Eleanor Vander Haegen, chair of the Commission, sent a statement from the Commission, which is also attached. The Commission reiterated their position that there was no site on the property for a house that would not impinge on the Wetlands Protection Overlay District (WPOD) and thus they were not in favor of a house on this lot.

Pini stated that since the plan met all the setbacks except the WPOD setback, she thought it was reasonable and would be in favor of referring the applicant to the ZBA for a special exception, rather than a variance, per Section 127-16.1 D(3)(b)(3).

Schott asked when this lot was classified as buildable. Mrs. Benik responded that when they bought their home across the road in 1996 they understood from the former owner that this lot was buildable and it was conveyed as a nonconforming buildable lot. The lot has been taxed as a buildable lot. Silverman said it has always been a building lot and there have been attempts to build on it in the past that have failed.

Schott asked when the WPOD came into effect. Silverman said the “no build” amendment was added in 2006 by a vote of the town. Pini said the lot precedes the WPOD ordinance. Schott thought it would be reasonable then that there should be some relief from restrictions or redress for taxes if declared unbuildable.

Haynes said she didn’t believe this particular piece of wetland qualified under section 127-16A (a) – (e), noting that she didn’t see any evidence of the flora or fauna of a typical wetland. She said she didn’t even see a vernal pool, agreeing that it is a wet place, which may have been caused by the build up of the house next door since that property slopes toward the Benik property. She said she didn’t agree with the Conservation Commission and guessed the Board should refer the applicant to the ZBA. Schott agreed she didn’t see anything significant either.

Pini said the ZBA will take all the views into account and can decide if all the tests in Section 127-16.1 D (5) are met, adding she thought this was a more reasonable course than declaring the property unbuildable.

Minutes: The Board reviewed minutes of the April 17, 2007 meeting and two clarifications were made regarding a statement about setbacks and references to an aquifer protection zone. Pini moved, Haynes seconded and the Board approved the minutes as amended.

Paul Grasewicz presented a preliminary plan to divide the 44 acre parcel into three lots, each with sufficient frontage on a Class V road to be buildable. The owner plans to remove a mobile home from one parcel and build a dwelling on it. He plans to keep the other two lots in the family. One family member owns land in Rindge that abuts one of the proposed lots. The Chases have owned land here for a long time; these lots were once a part of a 100 acre parcel.

Several Board members commented on the L shape of one of the lots and asked if the plan could be made less awkward. The two lots in front are fairly level and the third lot with frontage on Able Road and on Fullam Hill Road slopes steeply toward the Rindge town line. Grasewicz will discuss changing the configuration with the owner.

There was some discussion about whether or not the third lot (in Fitzwilliam) could be merged with a lot in Rindge. Grasewicz didn’t think it could be merged for tax reasons, but that it might be combined for current use purposes.

Mr. Young and Mr. Frazer were present. Mr. Young noted two changes since they were before the Board last. A revised drainage plan and letter from the VFW agreeing to share the driveway entrance were submitted to NHDOT and they got a favorable response. An email from Rene Fish, which is part of the record, gave interim approval to the plan. Mr. Fish reviewed the plan and final approval is conditional on receipt of the final plans. Plans will be finalized as soon as the review process for the state alteration of terrain permit (ATP) is completed.

Mr. Young discussed several small changes in response to the state ATP review that will be noted on the plan, including; grading, size of rip rap outlets draining into swales, elevations of retaining wall, slopes of the pad, changes and additions to the erosion controls, and changes to the construction sequencing notes.

Landy asked if the driveway drainage was designed to meet requirements for a 100 year flood. Mr. Young said it was designed to state standards which are for a 25 year storm. They look at data from 100 year storms to determine peak flow. Mr. Frazer said that in the state’s view, anything PSNH does will be a significant improvement to what exists.

Mr. Frazer noted he had filed an intent to cut application with the Selectmen’s office and hoped the Board would allow them to begin cutting prior to final approval of the site plan. Silverman said the Board did not have control over an intent to cut application.

Mr. Frazer verified that all the lighting on site will be shielded and there will be ‘lots’ of security cameras on site as well. Final plan sets will be ready for signature at the next meeting.

Safety Issue: Nancy Carney, Deputy Fire Chief, asked for a few minutes with the Board. She discussed a safety issue raised by the state and the Community Resident Services Agency (CRSA) for a licensed Community Residence at 22 Richmond Road in Fitzwilliam. An adult has been living in the home under the auspices of CRSA for more than a year. The owner of the residence came to the Planning Board on November 21, 2006 for a preliminary consultation to open a barber shop in her home. Minutes from that meeting reflect her plan to be open one day a week with one barber chair in her home. The business was deemed a home occupation and no further site review was scheduled. On May 1, 2007, the Fitzwilliam newsletter carried a full page ad announcing the barbershop as being open six days a week.

Landy noted he had heard complaints about an illegal sign on the property. Ms. Carney noted it was now a mixed use property being both a business and a dwelling. Schott said the Board needed to deal with the work hours and the sign. Silverman said the Board might need to do a site plan review and wondered if the advertising acted in place of a complaint in terms of the Board knowing about the change in use.

Because of the business the community resident may be moved to an upstairs location. Under state life safety rules this resident cannot egress in an emergency through the business downstairs. Other safety issues involve standards for fire protection in construction of walls and a separate egress. Ms. Carney will continue to work with the state and CRSA to resolve the safety issues. Silverman asked if the Fire Department had jurisdiction over the safety related work that needed to be completed. Ms. Carney said the state has jurisdiction, and agreed that the Board would be duplicating others’ efforts if it intervened on life safety compliance issues. The ad and minutes of this meeting and the meeting in November will be forwarded to the Board of Selectmen for any necessary action.

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.

Paul Grasewicz has been retained by Mr. Filipi as the road engineer. Mr. Filipi presented a revised plan with one of the two outlying lots incorporated into the ‘cluster’ of houses along the proposed road. The plan now falls under cluster ordinance regulations. No new changes were made to the road, but the lots have been reconfigured to accommodate the eighth lot and the change to cluster development requirements. The driveway to the ninth lot will be 33% narrower than the proposed shared drive serving two lots. In the new draft of the plan, the designated aquifer protection area will be a separately deeded lot, and will be unbuildable. It may be deeded to the town with an easement for the water district and it can serve as common land..

Grasewicz said storm water management easements may also be necessary on the site. He thought this plan was better for managing storm water because there will be one less impervious surface on the outlying lot. Mr. Filipi thought that the new plan would allow him to use more stone walls as boundary lines, adding that this plan may allow them to manage storm water to a point that is better than now.

Pini asked about the engineering studies and Grasewicz enumerated the kinds of studies and plans required by the state for the alteration of terrain permit, including pre- and post-development water studies, storm water treatment plans, watershed protection plans, land use plans, grading plans and erosion control plans. There will be several water collection areas with a controlled release of water to leave the site in the same places it now leaves the site, but it will be attenuated and treated. The state will issue the permit based on their review of the plans.

Pini asked the Road Agent about the current situation with water drainage on the road. Mr. Cuomo said drainage is adequate and that it is a maintenance issue at this point. Leaves and brush get caught in the drainage ditches and culverts and they are cleaned out regularly. Pini said she’d heard lots of complaints about the water runoff. He said the water runs off the property and down the road but he hasn’t received any complaints about it. The water is draining the way it has for 100 years, and there are granite ditches to accommodate it in people’s back yards. He added that the culvert cap stone was disturbed on the culvert that backed up during the last storm. The stone was dislodged by someone driving over it and it was blocking the culvert opening. A backhoe was needed to place it in position on the culvert.

When asked about the intersection of Lower Troy Road, Upper Troy Road and Route 119, Mr. Cuomo said traffic control is a police issue. As the Road Agent he does not have authority to place a stop sign or enforce existing signs. He cuts brush to maintain lines of sight. He added that Lower Troy Road is the most heavily traveled road in town.

Haynes asked if this development was going to exacerbate the situation. Mr. Cuomo said it wouldn’t any more than the leaf peepers do. He asked “can it be designed differently?” answering “probably”, but not by him, he is not a traffic engineer.

Pini asked if he was satisfied with the drainage and the road. Mr. Cuomo said that according to Paul Grasewicz there will be no more water post-development than now. He added that during the October 2006 storms the culvert pipe couldn’t handle the water flow for only about 15 minutes, but this time it was a maintenance issue (cap stone dislodged), not because the culvert couldn’t handle the water.

Mrs. LaFond expressed her concern that there will be a lot of houses and a lot of impervious surfaces. She wished the last outlaying lot could be removed. Silverman agreed.

Pini said the alteration of terrain studies and plans will satisfy her concerns; having the state review the plans with input from the town will help. She liked the second plan better than others, saying it looks more like a neighborhood.

Mr. Filipi said he knew the Board hated the ninth lot. He got one lot out but he didn’t want to reduce the specifications for the entrance road. He put the proposed aquifer protection area into a separately deeded lot. Silverman said he liked that, since no lot owner could build on it. Mr. Filipi said it was a good parcel for the town to own; perhaps in the future there could be a swing set for kids or some other low impact recreational use and the town well. Mr. Bequaert asked if the land would go to the town not the water district. Mr. Filipi said the water district would have an easement on the land for the town well whether he or the town owned it.

Landy noted that the road would still be wide and paved. Silverman said the road will seem shockingly wide, with the erosion control measures in place and by being built to specs. When asked about the turn around, Mr. Filipi said it will be a 100 foot diameter paved turn around to meet the needs of the fire department. Ms. Carney said the department needed 90 feet but the state requires 100 feet. The department also recommends a 15,000 gallon fire pond on the site; otherwise they would have to rely on the town cistern or the Meadowood facility. She added that there is a lot of area and a lot of brush in addition to the homes on the site. Grasewicz said it wouldn’t be hard to create the fire pond with all the water that is on this property. Ms. Carney said the fire pond should be off the road so traffic can get by and fire trucks can load unimpeded.

Silverman wondered if the change to a cluster development would entail a new application. Staff will check. Grasewicz thought a cluster special permit could run concurrently with the subdivision application.

At the applicant’s request, on advice of the engineer, Silverman moved, Pini seconded and the Board voted to continue the hearing to June 5, 2007 at 8 PM, when engineering plans are ready. Since this date is 3 days after the deadline for the last extension to act, with the agreement of the applicant, Silverman moved, Pini seconded and the Board voted for a 90 day extension to the deadline for Board action. (September 1, 2007)