Town of Fitzwilliam, NH - Planning Board Minutes 08/07/07

Preliminary consultation: Fitzwilliam LLC to continue discussion about subdividing property located on Jaffrey Road, Map 15, Lot 52, Rural District.

David Green and Matt Buonomano presented a conceptual design for the subdivision based on a plan commissioned from Land for Good. They hope to combine principles of land conservation, particularly of prime farmland and to preserve rural character, with low impact development. They own a 50 acre parcel with the farm house and have options to buy another 300 acres.

They propose a maximum of three lots; one of 30 + acres of prime farmland, one with the house and 5 acres and the third with 8+ acres. They want to be flexible to meet the needs of potential buyers and want to approach the subdivision on a case by case basis. Pini said it would be easier for the Planning Board to see the final plan all at once. They feel that once they have a buyer, it will take 3-4 months to close and the subdivision could be approved in that time. Schott thought it was the survey that might hold up progress. Mr. Green felt they didn’t need a survey since they have warranty deeds for all the parcels they own.

Silverman said that a survey with surveyor's stamp are needed in order to register a plat. He added the Board can conceptualize a subdivision with a drawing but can’t approve lots of record without a survey, even if there are warranty deeds. He said it would protect all owners in the future from possible litigation. Pini quoted RSA 674:37 that no plat can be recorded unless prepared and certified by a licensed surveyor. Parker said many lots in Fitzwilliam are made up of several tracts but they disappear and subdivision is necessary to create new lots. He added that a survey resolves real problems and the town feels it’s necessary.

Questioned about mergers, Silverman said it is easy if a single owner owns both lots. He asked them to come back to the Board when they are ready to apply for a subdivision.

Preliminary consultation: Grant Foisey to discuss a dog breeding business on his 3 acre property, located at 738 Templeton Turnpike, Map 7. Lot 35-01, Rural District.

Mr. Foisey plans to open a dog breeding business at his home. He describes it as a high end breeding operation, with only two mating pairs at a time. He plans to breed German Shepherds and will begin breeding in two years once the dogs are certified as to health and hips. He will be a fully accredited AKC breeder. All animals will be inside or under control at all times. They may add paddocks in the future so the dogs can be outside and free at the same time. He does not plan to board dogs.

Silverman noted that Mr. Foisey will need a special exception to have a commercial kennel in the rural district and asked Mr. Foisey to come back to the Board for a site plan review once he has the special exception.

Ms. Rudy plans to open a pre-school in her home. It will be a school, not a day care facility and is subject to state regulations. She will install fencing outside and make a couple of structural changes inside to meet state requirements. Approximately 808 square feet of her home will be devoted to the school and her home will be closed to students using French doors. She plans to enroll 6-7 students in the fall. Landy pointed out that if she wants to enroll six or fewer students she does not need a special exception, but more than 6 does need one.

Silverman said the Board will need photographs of the house, parking area and drop off area, a plan for any changes made to the house, the fenced area, entrances and exits, lighting – anything that she has to prepare for the state will suffice for the Board.

Preliminary consultation: Robin Monette to discuss possibility of a retail business and/or a mini golf facility on Route 12 S in General Industrial District.

Mr. and Mrs. Monette are interested in a 53 acre property located in the general industrial district on Rte. 12 S next to Nick’s Used Cars. They are thinking of a miniature golf course and/or a concession stand.

The Board determined that they would need a special exception for a miniature golf course with a concessions stand under 127-11P. An existing house and trailer on the property are rented.

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. Mr. Filipi and Mr. Grasewicz presented revised plans with profiles and details added after the last meeting. Mr. Filipi submitted a test pit log for all proposed lots. The new plans delineate access easements for all drainage structures.

Mr. Grasewicz has finalized the pre and post development stormwater analysis and roadway profile. Plans show grading, drainage, erosion control and other relevant details. He submitted photographs of similar stormwater management work he has done.

Stormwater management systems will be maintained by the developer until a homeowners association is organized. The fire pond will be secured by a locked chain link fence. The remaining basins are dry and all are set above the high water table mark. Water will move through them during periods of high water, but they will be dry for the most part.

There was some discussion about the difference between stormwater runoff from the undeveloped land and runoff from a developed site. Silverman expressed concern with runoff as it applies to pesticides and other pollutants from a developed site. He said he wanted to track water that comes off the developed site – the existing water runoff is superfluous to this issue.

The Board discussed options with and without lot 7. Grasewicz noted that the development will be buffered from the road by virtue of its being set 500+ feet back from the road. The subdivision as it is proposed is 9 residential lots and 3 common area lots which will be held in a conservation easement. One lot has been moved farther up the hill and one has been made larger. A temporary easement for maintaining ditches along the common driveway will be made. The lot line boundaries follow existing stone walls. There is a designated public access to reach conservation land abutting the property.

Pini asked if the Board had seen and accepted a traditional subdivision plan as a proof plan for the cluster subdivision plan for this property. She wondered if the traditional plan had required any waivers. Mr. Filipi said that under either scenario, a waiver would be needed for the length of the road. Pini asked if the Board had a formal waiver request for the road. She also asked for written comment from the Fire Department about the length of the road and two long driveways.

Silverman noted he was still troubled by lot 7. He wants to submit the hydrologist report and engineering plans to another hydrologist for review. The plans have not yet been submitted to the state. Mr. Filipi requested a written estimate of how much it would cost to review the plans, prior to submitting the plans. He will submit an approval in writing too.

Referring to a letter from abutter Nancy Roehl, Silverman said she has concerns about the new entrance for the road that abuts her property. She feels it will change the character of her home. Other neighbors have concerns too. Pini asked if Mr. Grasewicz could explain why 90 feet must be cleared to build the road. Mr. Grasewicz said a right of way for a road is 50 feet, with 20 feet of pavement and 6 feet for shoulders on both sides. The rest is estimated to be need for constructing stormwater runoff swales. They discussed options for making the road narrower. If the road was in a different location the width cleared could rise to 150 feet. Gray noted that a 90 foot strip in the Village will look like Massachusetts Route 128.

Mr. Grasewicz said that low impact design calls for swales, no sidewalks and a minimum amount of pavement, as this design does. The Board asked Mr. Grasewicz to consider other options for narrowing the road and for maintaining a wooded buffer between the Roehl’s home and the road.

Questioned about the recommendations made by Geosense, hydrology firm commissioned by the Roehls, Mr. Grasewicz said he had run the alternate numbers suggested by Geosense and there was no relational difference between the results of one set of numbers and the other. Additionally the buffer from the wetlands on the latest plans is at least 300 feet for lot 7.

Silverman opened the discussion to the public. Mrs. Pine expressed her concern that development will decrease the sponge effect for water coming from above the development. She noted that for a 24 hour storm event, rainfall was averaged over a 24 hour period and sometimes all the water falls in a few hours. She wondered if the engineering plan had taken that into account. Mr. Pine asked the purpose of retention ponds. Mr. Grasewicz said retention ponds retain water to increase infiltration of the water into the soil, so the water won’t have an adverse affect downstream. Stones will be paced in the bottom of basins to manage snowmelt runoff.

Runoff from the subdivision and above the development will be directed back onto the land, except for drainage from existing wetlands below the subdivision. Mr. Grasewicz estimated total clearing for the development to be about 400,000 sq.ft., about 15% of the total acreage.

Mrs. LaFond asked for clarification of the number of lots. The original subdivision was reconfigured to protect the aquifer and nine residential lots and three common lots are proposed. The common lots will be protected by conservation easement.

Mrs. LaFond asked how this development ties into the Master Plan. She said it didn’t seem to be in keeping with the commitment to maintain the rural character of the town or to having an historic district. Silverman noted the Master Plan is designed to support the land use ordinances, not to override the land use ordinances. He added that historic district regulations do not govern land use; they concern the exterior of buildings, the aesthetics within the district. The subdivision, if approved, will be subject to historic district regulations.

Pini said the Master Plan guides and supports ordinance development, noting that people may not pay attention to ordinances until there is an event that affects them directly.

Silverman said the Board recommends incrementally amending the ordinances, usually making them more restrictive. He said the state is very much in favor of cluster developments and low cost housing. The town has a cluster ordinance to make projects like these more palatable. Pini said the only way to maintain rural character is to buy all the surrounding land. She added the Planning Board has a difficult task balancing the needs of homeowners and land owners.

There was some discussion among residents about calling a special town meeting to amend the ordinances. Pini repeated the Board has to comply with town and Board regulations, noting that any ordinance or regulation change at this point would not affect this particular application. Silverman said the Board can review the application and do their best to protect the abutters. Mrs. Pine said it looked like the Board was bending over backwards to protect someone’s investment. Pini said the Board is trying to work with the developer. Landy reminded everyone that the net impact of water runoff from this project will be zero according to the engineering plans.

Mr. Pine noted the Master Plan recommends protecting the Pinnacle, a feature of this parcel of land. There was agreement that the Pinnacle should have been protected but no one stepped forward to do it by purchasing it and taking it off the market. Mrs. LaFond asked why there need to be nine lots, adding the town doesn’t have to help the developer maximize his investment. Pini said there has been some discussion about whether nine lots in this subdivision would make it scattered and premature. Mr. Pine read from the subdivision regulations, noting that there is a larger context for a scattered and premature finding.

Nancy Carney, Deputy Fire Chief, said the Fire Department has no requirements; their only concern was about the cul de sac width and fire pond access. Emergency equipment must have room to turn and maneuver. She noted the cul de sac is the correct size for trucks. They plan trucking needs for each fire on a case by case basis. The Fire Department has no requirements for length and width of driveways and prior planning allows them to be flexible, bringing extra hose when necessary, etc. She will discuss the issue with the Fire Wards and they will submit written recommendations.

The Board will find a way to review the hydrology engineering plans objectively, suggesting that they be sent to both Covel & Associates and Geosense. Mr. Filipi asked that written estimates for the review be obtained.

Pini added that she would like to ask Mr. Filipi to consider narrowing the road to increase the buffer to the neighboring home so there will be less of an impact on that abutter. Ms. Roehl said the traffic will be terrific and headlights of cars exiting the subdivision will shine right into another neighbor’s home. Mr. Filipi clarified that the road exits across the road from a garage not a home. He added that the neighbors won’t see cars for the first 500 feet of the road because of topology; he said the road will be quiet compared to Upper Troy Road now, since it will be up and over the knoll from the closest homes.

Minutes: The Board reviewed the minutes of the July 17, 2007 meeting. A spelling error was corrected and an abutter asked that the words “other residents” be added to the list of people attending the hearing. Silverman moved, Gray seconded and the Board approved the minutes as amended.