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

Paul Grasewicz presented a subdivision plan with topography indicated on one copy. Taking into consideration comments made at the preliminary, Mr. Grasewicz changed the proposed lot lines to eliminate the L-shaped lot. Lot 27-3 is 14+ acres with frontage on Able Road; Lot 27-2 is also 14+ acres with frontage on Fullam Hill Road and Lot 27-1 is 16+ acres with frontage on both Able and Fullam Hill roads. All fields and the existing house and garage are located on this lot. Lots follow existing stone walls.

Haynes remarked that the plan looks good with all the lots being even. Mr. Grasewicz said there are no plans to build on Lot 27-3 but a driveway could follow topo lines, which are flat.

Non Public Session. Silverman asked the audience to leave the hall so the Board could go into non public session. Silverman moved, Landy seconded and the Board voted to go into non public session at 7:10 PM to discuss a legal matter and seal the records: Silverman-aye, Gray-aye, Haynes-aye, Landy-aye, Pini-aye, Schott-aye and Parker-aye.

Ms. Ritchie wants to open a home interiors and garden designs business at her home. She plans to sell perennials seasonally in a retail outlet in her shed. The other aspect of the business, interior and garden design will be primarily carried out in her home and at client homes. She expects to be the only employee. Up to three cars can park in her driveway at one time and there is room to expand the parking for two more cars if necessary.

Silverman asked the Board’s consensus on whether this was a home business or a home occupation. Pini pointed out that the primary use is residential and thought it qualified as a home occupation. Silverman asked if anything was to be gained by conducting a site plan review. Pini said no. Landy said that if the business expands and requires more space or employees a site plan review would be necessary. Ms. Ritchie said that if the business expands they will double the size of the shed and add more parking. Silverman said that as described it is a home occupation but if it expands and parking is inadequate she would need to come back.

Paul Grasewicz presented the preliminary plan to subdivide Mr. Berg’s lot into two lots. One lot would be 15 acres, with the existing home, and the other would be a 5.5 acre parcel for family to build on. He estimated the frontage to be approximately 700 feet on a Class V road. The smaller lot would share the driveway with the main lot up to a point. The deed and covenants would outline maintenance of a shared drive, with a note on the plat as well.

The existing driveway is 600 feet and the family would share the first 400 feet of it. The driveway for the smaller lot would extend off the shared section for another 100 feet.

Minutes: The Board reviewed the minutes of the June 5, 2007 meeting. Pini asked that one sentence be amended to clarify an applicant’s statement. Haynes moved, Pini seconded and the Board approved the minutes as amended.

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

Schott recused herself. Silverman noted that the Board received letters from abutters Nancy Roehl and Marchelle Tighe. Ms. Roehl submitted a report from privately retained hydrologist, Shelley Bobowski, P.E., P.G., President of Geosense, and an EPA document on sources of groundwater contamination and wells. Ms. Roehl distributed an updated report she conducted on known water issues on Upper Troy Road. The documents and letters are part of the record and will be attached to the minutes. The hydrology report will be available to the public for reading in the office during open hours.

Mr. Filipi compiled a list of easement and covenant issues he and the Board have discussed for the Board’s review, to insure there is agreement on all points the Board wants included in future legal documents, including deeds and homeowner covenants.

Mr. Grasewicz, P.E., presented a stormwater drainage and road engineering plan for the subdivision. He noted the entrance for the cluster development road has been shifted to better align with the topography and reduce the need to make grade cuts. The road is engineered to have a level grade, rising to ten percent grade for a short run then leveling off at the cul de sac.

The plan is based on soil type, land cover and slope considerations. Plans for 2 year, 10 year, 50 year storm events as required by DES show 1) pre-development stormwater hydrology and six points used for analysis of pre and post development runoff; 2) flow diagram for analysis; 3) post development hydrology, which takes topography and soils and land cover into consideration; 4) hydrology model for post development; 5) summary of flows, noting that all drainage can’t be directed to one location. He conducted an analysis for a 100 year storm event but since it is not required by DES it is not included on the plan, but the results are the same.

The plan indicates that at each of the six analysis points runoff is reduced post development using storm water management structures, including sediment detention and retention basins, a fire pond, and grass swales.

In response to a question from abutters, Mr. Grasewicz replied that the easement boundaries will be finalized by the surveyor Richard Drew. The two aquifer protection parcels will be in a conservation easement and offered to the Water District for a town well.

Silverman asked how much vegetation will be removed or disturbed to accommodate the catch basins. Mr. Grasewicz said the trees around each basin will be permanently removed to insure efficient operation of the basins. There will be a small channel down the center of the basin but the sides will be grassed. Rip rap will be used when the basin functions as a spillway for overflow years. Also a low level outlet will be used to reduce flow from the basins. Catch basins function to catch suspended solids, attenuate rates of discharge and purify stormwater to a degree.

All basins are on private land, and are not part of the aquifer protection parcels. Homeowner covenants will empower the homeowners’ association to maintain and repair stormwater management structures. Staff will check on town enforcement authority.

In response to a question about hydro-seeding, Mr. Filipi said he seeds these areas by hand, and Mr. Grasewicz added that siltation fencing will be used. Grass swales are installed for water quality treatment to handle water below the catch basins. Trees will be cleared to a width of ninety feet to accommodate the road, shoulders, grading and swales, and that figure drops to sixty feet as the road approaches grade level. If the road were at natural grade along its length it would need to be cleared to fifty feet to accommodate shoulders and swales. Some stone walls will be disturbed to accommodate the road.

Silverman asked Mr. Filipi about the cost analysis to build the house and driveway on lot nine, adding that he didn’t like this outlying lot as he feels it puts the aquifer and hydrology at risk. Mr. Filipi said the area in front of lot nine will be replanted post construction. Gray said this development is called a cluster but it looks like a hybrid of a grid and a cluster. Silverman said the town does not give an advantage to a developer for putting in a cluster, but the Board agreed to this plan as a compromise to protect the aquifer. Mr. Filipi pointed out that while the cluster arrangement is a compromise, the original grid subdivision plan worked too. He added he may hold lot nine in reserve but a lot of water management engineering has been done to prevent increased runoff or aquifer contamination.

Pini said she would like to see lot four, the highest up on the pinnacle, brought in closer to the cluster. She is concerned about fire safety. Silverman said he had no problem with lot four, saying it is a straight shot up the hill to get to it.

The hearing was opened to public comment. Diane Schott, a neighbor, asked who would be responsible for maintaining the dam. Mr. Grasewicz said it is part of the Filipi stormwater management plan. The plan calls for replicating some wetlands disturbed by the road development, and the existing dam will be raised about 10.5 inches but the water will not go back as far as the existing well. The dam will be maintained by the homeowners association.

Mr. Pine asked how much water is considered in a 50 year storm event. Grasewicz said 6.2 inches. Mr. Pine asked if Mr. Grasewicz had designed any stormwater management system like this that they could look at. Mr. Grasewicz said DES is very strict for any development disturbing over 100,000 square feet. This plan incorporates ‘very conservative’ DES numbers.

Mrs. Pine asked about road salt for the grade that is 10%, adding she’d heard the grade wouldn’t be more than 8%. Mr. Grasewicz said the road grade is within the town subdivision regulation requirements.

Rip rap will be used in swales in areas of high velocity. Ms. Roehl asked how drainage will affect the existing stream. Mr. Grasewicz said that in a small storm the drainage will be the same, but that in larger storms the runoff will be much less.

Ms. Roehl noted that development will increase the impervious surface area and storm water will be transporting more contaminants. Mr. Grasewicz said that the plan will insure a higher quality of runoff than exists now and that this plan will not affect the septic systems.

Ms. Roehl asked the Board to consider her letter regarding the proximity of the subdivision road to her home, saying she has a huge issue with its location and believes it will make their life miserable and ruin her property value. Mrs. Pine wondered what’s keeping water from the subdivision from getting into the existing wells and springs on the property.

Mr. Filipi reminded everyone that he has included the hydrologist’s recommendations to reserve the aquifer protection area so contamination won’t flow into the aquifer. Only part of the road will be salted, and small amounts of salt in road sand will be caught in sediment catch basins. There will be no salt, pesticides or tree cutting allowed on the land by homeowner covenants.

Mrs. Pine asked if it was possible that the nature of the site is the problem and that the site shouldn’t be developed. Mr. Pine asked if Mr. Filipi had considered selling the land prior to development. Mr. Filipi directed him to Mr. Buonomano.

Mr. Buonomano noted that the aquifer doesn’t stop at the development’s boundaries; it extends under land belonging to many abutters and neighbors. He said we’re asking homeowners in this development not to use pesticides, etc. but wondered how abutters would feel if they were asked to do the same. Silverman said the Planning Board can’t control what other people do with their property, but it does have review responsibilities for a subdivision. Pini pointed out that this aquifer protection area was voluntary; adding that if the town had an aquifer protection ordinance these restrictions might be required for all.

Mr. Pine noted that the stormwater runoff has increased in the last six years, adding that he had had to build a berm to redirect water coming into his yard. Directing his remark to Mr. Parker, he said the town may have to run the storm drain all the way up Upper Troy Road. Mr. Parker recognized a need to discuss the existing problem but it should be discussed separately from the plan before the Board. Mr. Pine couldn’t imagine the subdivision making the situation better. Mrs. Pine said that blacktopping driveways makes a huge difference in runoff. Ms. Langer agreed and asked if there was a place she could go to see a similar installation. Mr. Grasewicz has done several projects in Worchester County with roadways with basins.

Pini said the state alteration of terrain division is on alert for this application and they will examine the claims for the engineering. She added that both she and Suzanne Gray had contacted the division about the project. Ms. Langer asked if the state was aware of the proposed tree cutting. Mr. Grasewicz said it was, that all the proposed disturbances were taken into consideration through the alteration of terrain permitting process, which is under the review of professional engineers in the division.

Ms. Langer asked what septic systems will be used in the subdivision. Presbe Environment Systems will most likely be used since 90% of applications are for these systems. He said NH has used these systems for 15 years and MA just approved them for use.

Mr. Tighe asked if any thought was given to adding monitoring wells for contamination of the aquifer. Landy noted that subdivision homeowners will tap the aquifer too. Mr. Filipi said the town is required to have its wells tested regularly; existing town wells are grandfathered and therefore not protected to current standards but they rarely fail the water tests.

Silverman reminded everyone that underlying NH law is the right to develop ones property and that the Planning Board is limited to what is functional and required by the regulations. He said the reason for the original hydrology review was to analyze the flow of water into the aquifer. The hydrologist then made recommendations as to where development could safely occur. The aquifer was discovered to be one of the most prolific in the state and it will give the town good water, but the tradeoff for protecting the aquifer is a large road to the cluster development.

Mr. Buonomano asked if there had been any discussion of assessing betterments from abutters along Upper Troy Road to improve the stormwater management system. Pini said the Board had discussed it but the consensus was to not do that. Mr. Filipi said the existing drainage system is 200 years old and it hasn’t been maintained. Once the pinnacle was farmland and there is no evidence that water was a problem then. He suggested that the homeowners along Upper Troy Road get together to correct this neighborhood problem, working with the town to get it fixed.

Mr. Grasewicz pointed out the conservation easement is noted on the plat, adding that the plan is exactly like the plan submitted during the preliminary consultation. The non-easement building lot portion of Lot 11-02 is 2.5 acres and the easement portion is 19.7 acres. Lot 11-03 is 5.8 acres and qualifies for a reduced frontage of 290.42 feet. He noted that the land is decent - the back of Lot 11-03 is wet with a stream running across it and some land in the easement is wet.

An existing road will serve as a common driveway through the first 1000 feet of its length. Ms. Breault has obtained a state approved septic system permit, and the road agent had looked at the driveway and she has obtained a town driveway permit using the existing road. Ms. Breault said Carl Hagstrom showed there were no wetlands involved in either building site. Grasewicz estimated the septic system is 500 – 600 feet from the brook.

Mr. and Mrs. Wharton, abutters, reviewed the plan and expressed concern about the amount of traffic on Rockwood Pond Road. Silverman asked if the Board wanted to do a site walk. Pini said she wasn’t concerned, especially if the road agent had approved the driveway.