Town of Fitzwilliam, NH - Planning Board Minutes 05/15/07

Appointment: Sharon Esper to discuss expanded hours of operation of her barbershop, 22 Richmond Road, Map 32, Lot 25, Residential and Historic Districts.

Ms. Esper explained that she is planning to expand her open hours from the original one day a week to six days a week, 9-5 weekdays and 9-2 on Saturday. She decided to establish her barbering business in her home so she can spend more time with her children. Her Fitzwilliam clients want her closer too.

Ms. Esper replied to a question about the special needs person living in her home, first brought to the attention of the Planning Board by the Deputy Fire Chief, by saying the person is no longer with them; they did not renew the contract with the Community Services program.

Landy asked about the second sign on the property. Ms. Esper said it was a ground sign to let her customers know when she would be open, but it was not an approved sign. Landy said it is an allowed temporary sign, but it is in the historic district and needs approval from the Historic District Commission. Landy recommended she come to the HDC or remove the sign entirely, and suggested she could hang a small sign under the approved sign for open/closed or hours information.

Pini asked if the expanded hours affected the space needed for the business. Ms. Esper said no, she has one chair and tools (comb, shears, barber's razor). She doesn’t wash, color or perm hair.

Gray thought the expanded hours may involve more than the “occasional business vehicular traffic” defined in the home occupation ordinance (127-14 A. (2)(a). Schott agreed, saying there would be more traffic coming and going every day. Ms. Esper said the traffic is in and out and rarely would there be two cars there at the same time, except for the short transition time. She estimates 10 customers a day for a 10-20 minute appointment.

Landy asked if customers could pull into her driveway and she said yes. They have a snow blower to clear the driveway in the winter, and 4 or 5 cars can fit in the driveway. Her husband’s and son’s cars will not be there during the day. She does not anticipate having any employees.

Pini asked if there was a consensus of the Board. Parker said the only difference now is that there will be more people coming to the business, and 127-14 A.(2)(a)(6) requires a home occupation to have “adequate on site parking for all vehicles at or coming to the site.” He felt the

Board may be trying to cut too fine a line in this case between a home occupation and a home business. He said most customers won’t spend a lot of time at the business.

Pini reiterated that with no washing or chemical products used, there are no concerns about septic systems or wells. She said that if the Board wanted a site plan review then neighbors would be noticed and would have a chance to weigh in. Ms. Esper said she asked them how they felt and they said they liked it, thinking business brings more business.

Appointment: Frank Bequaert to discuss Water District Commission concerns about access to aquifer protection area for a well in Filipi subdivision, Upper Troy Road.

Using a map of the proposed aquifer protection area in the proposed Filipi subdivision, Mr. Bequaert showed where a proposed town well, or wells, and access driveway might be placed. The well must have a 200 foot protective radius and the driveway and well will not be in the WPOD. He proposes that the driveway enter from Upper Troy Road, using either an existing logging track or a new driveway farther north; in either case a driveway would not have to cut across the fracture or across someone’s back yard, as it would if it came from the cluster road.

He said the driveway would need to handle the well drilling and maintenance equipment and weekly monitoring vehicle. A 20 X 20 foot structure will be needed to house maintenance and treatment equipment. It doesn’t matter how far the structure is from the well; however, any structure must be built outside the WPOD. Electric power will be needed with a generator for back-up. There was some discussion about options for insuring adequate water pressure, including a reservoir, pressure tanks or an atmospheric tank with a booster pump.

Mr. Bequaert thinks a four inch diameter distribution pipe will be adequate and it will initially serve the proposed subdivision dwellings, with future expansion of the lines to serve the village, becoming the primary source of water in the future. Older wells would be abandoned, with one remaining operational to serve as back-up. He said the state would not allow new wells to be placed at the site of the older wells as these old wells do not meet protective radius requirements.

Mr. Bequaert says there are three issues to be considered before the plan is operational: 1) legal - issues of siting and easements, 2) money – for construction, and 3) someone to oversee the project. He estimated it could take from 3-10 years, depending on how these issues are resolved, before the well is serving the town. Mr. Filipi will do the initial work for the proposed subdivision and the town will add to it. He didn’t think there would be a need for signage.

Mr. Bequaert asked why the Board was protecting this aquifer, as it has turned a significant portion of the property into a protected area. Pini noted that the Board engaged a hydrologist and

it was his recommendation to protect the aquifer for the subdivision and for the town and surrounding area. Grasewicz said the hydrologist must have thought it was a high yield bedrock aquifer. Mr. Bequaert said wells on Upper Troy Road have very low uranium and therefore the town may not have to treat this water, but if there is radon, it would be easier to treat if only one well was involved.

Public hearing continued: 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.

A document was distributed outlining the status of the alteration of terrain permit process. They met with DES and discussed changes to be made to the construction phasing plan. Because a larger area than allowed may be open during construction, an independent monitor will be hired to oversee that phase, in lieu of a more complicated construction phasing plan. The independent monitor will relieve PSNH from the DES five acre maximum open area. The document is attached to these minutes.

Amy Clark, P.E., civil engineer with DES, stated, in an email to PSNH, which is attached, that with the changes discussed and expected their plan will meet RSA 485 A:17 requirements.

Mr. Frazer noted that to take full advantage of the summer weather to finish clearing, begin revegetation of the site, and get erosion controls in place, he would ask that the plan be approved as soon as possible.

Pini asked Grasewicz if there was a precedent for approving a site plan prior to receipt of the alteration of terrain permit from the state. Grasewicz said yes.

Pini asked about remaining DES concerns. Mr. Young said there are concerns about the seasonal high water table and the capacity of the retention pond. They may have to expand the diameter of the retention pond if it needs to be shallower. They will be doing sampling and borings at the location of the pond this week. A second concern was about stormwater runoff. PSNH will respond in writing noting that nothing they do onsite will create a contaminated runoff. There will be an oil separator installed at each transformer and a grit chamber for water runoff. Mr. Frazer noted PSNH has used the oil separator method effectively in the past. The third issue, grading of the swale around the pad, will be clarified on the plans at the request of DES, making it easier to read.

Pini asked if enlarging the retention pond would have an impact on the site. Mr. Young said an expansion could not go to the north because the WPOD boundary is there, but may expand in another direction. Gray asked if the pond could be seen from Route 12. Mr. Frazer said no, he added the tree clearing equipment can’t be seen and 80% of the trees have been cleared already.

Pini asked how the rest of the Board was feeling about acting on this application. She is reluctant to act when there are Board members missing. Landy said he felt the remaining work was just tweaking the plan and the state is in charge of overseeing that. Gray said all her questions have been answered. Mr. Frazer said he will ring a full set of the final plans in for signature. Grasewicz said that the Board does not sign site plans, nor are they recorded.

Pini clarified that all the other conditions the Board has asked for in the past have been incorporated in the plans, that there were no outstanding issues. Mr. Frazer said yes. He added that as construction begins, he would be surprised if there weren’t changes to be made, but he will file a request for any new changes to the permit conditions, which would need approval. The final set of plans will reflect all changes approved by the state.

Pini moved, Landy seconded and the Board approved the PSNH Site Plan application to construct a new electrical substation on property located on Route 12 N, Map 18, Lot 29, Light Industrial and Rural Districts, subject to receipt of the DES Alteration of Terrain permit.

Mr. Lorenz submitted his license from the state to sell pistols and revolvers and his ATF license for sales in Rindge. ATF contacted the Land Use Department earlier in the day to say Mr. Lorenz needs the town’s permission for the business before the license can be transferred to Fitzwilliam. Mr. Lorenz has talked with the Chief Newton and has his approval.

He does not plan to keep any inventory, but to order from a wholesale catalogue when a client orders a firearm. He has operated this business in Rindge and in Massachusetts, mostly to transfer guns between his father and himself. It’s basically a no profit business he said. He won’t be open to the public, won’t have a sign or open hours. He sells personal firearms and has his license to sell through a catalogue. He is a broker and handles an estimated six or seven guns a year. He conducts background checks and ships by UPS. He said his father had the license for 30 years before he took it over.

Pini said it meets criteria of home occupation under 127-14A. (23)(a). The business has no hours, employees or traffic and is not open to the public. The Board agreed.

Preliminary consultation: Carol Breault proposes a two lot subdivision of property located on located on Rockwood Pond Road and Upper Troy Road, Map 17, Lot 11, Rural District.

Paul Grasewicz presented the preliminary plan for a two lot subdivision. One lot is 5 + acres and shares a common driveway with the second lot, which is 22.3 acres, including 19.7 acres that is in conservation easement.

The proposed common drive follows a fire road that is in good condition. The first lot has 250 feet of frontage and the second has several thousand feet; it is on the corner of Upper Troy Road and Rockwood Pond Road. Both building lots are outside the easement area. Pini clarified that the Monadnock Conservancy manages the easement.

Ms. Breault said the state has approved the septic plan for her home. Parker asked if the new hammerhead restrictions applied in this case. They don’t since neither lot is a hammerhead lot.

Grasewicz said the slopes weren’t bad on the property; it slopes down in the back to a stream, but there aren’t any steep slopes or wetlands in the house site areas. Ms. Breault said Mr. Hagstrom looked at the land and said there were a couple of puddles, but no wetlands.

Pini clarified the driveway situation if the homes are owned by two strangers in the future. The second lot will have an easement to share the common driveway, or the second lot could have its own access point on the Rockwood Pond frontage.