Town of Fitzwilliam, NH - Planning Board Minutes 09/04/07

Others present: Paul Grasewicz, alternate, and abutters and interested residents. Tom Parker joined the meeting about 8:30 PM after a Selectmen’s meeting.

Public hearing: Grant Foisey application for site plan review for a dog breeding business on his three acre property, located at 738 Templeton Turnpike, Map 7, Lot 35-01, Rural District.

Mr. Foisey confirmed that he had received a special exception from the Board of Adjustment to operate a dog breeding business on his property. He noted that there was no opposition from abutters or neighbors during the ZBA hearing and no abutters were present for this hearing.

He distributed site plans for the interior and exterior of his property. The doggie septic system is located more than 75 feet from the well and from a vernal pool located on his property. He located the site for a proposed concrete pad that may be built in the future to accommodate his dogs outside for exercise and training.

Silverman asked about a perc test and Mr. Foisey said he hadn’t done one, but the doggie septic system he has in place for his current dogs seems to be working properly, and doesn’t flood during heavy rains.

He does not plan to cut down any trees and the barn will not be used for the dogs – they will live inside the home. The nearest neighbor is about 60 feet from the boundary line and they can’t be seen except in winter. Mrs. Foisey is the primary caregiver for the dogs. They will breed German Shepherds to be trained for show. They will keep the puppies a minimum of eight weeks to evaluate and socialize.

Minutes: The Board reviewed the minutes of the August 7, 2007 meeting. A typo was corrected. Silverman moved, Gray seconded and the Board approved the minutes as corrected.

Survey: The Board reviewed a draft of the town wide survey, with the goal of eliminating questions to make the survey shorter and therefore more manageable to complete.

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 a revised plan for narrowing the road entrance from 90 feet to about 50 feet. This plan does away with the swales on either side of the road, substituting curbs to direct runoff into catch basins and drainage structures. From the edge of the road to the top of the slope is 10 feet at a 1:1 slope, making the road as narrow as possible, but requiring rip rap to stabilize the slope. At a 2:1 slope the distance from edge of road to top of slope is about 16 feet. This slope can be vegetated rather than stabilized with stone. The narrower road will decrease the amount of wetlands alteration and the need for replication.

Pini asked Mr. Grasewicz which was the best option from a design standpoint. He said the 2:1 slope with vegetation is most aesthetically pleasing. He pointed to swales constructed at the Arnie Filipi subdivision as examples of working swales, so the board could see the size involved. He added that typically basins come in pairs, the first is smaller and functions to remove sediment and the second is larger with the primary function of retaining water. He said that these structures will not be visible from Upper Troy Road but the ones associated with the fire pond will be seen from the subdivision road.

Gray researched stormwater treatment facilities and found a report from the UNH Stormwater Center that suggested catch basins and swales are antiquated technologies for best management of stormwater. The technologies they suggest include trees as filters, porous asphalt, sand ponds, and biological controls. Mr. Grasewicz acknowledged these technologies and said he has used them usually as a last resort, when sites are too small to use other methods. They are hard to manage, many of them being underground. He added that since DES requires a 24 hour release period for runoff, the basins must be large enough to manage the volume.

Gray asked about operation of various technologies in the winter when they are filled with snow or frozen. Mr. Grasewicz said all the predictive software is designed based on research of stormwater volume produced during standard storms, pre and post development. In order to compare apples to apples the standards must remain the same. Gray said she understood the state would be changing their standards. Mr. Grasewicz said his measurements are very conservative and calculations are based on the seasonal high water table – all drainage structures are designed to be above the high water mark.

Haynes asked about maintenance of drainage structures. Mr. Grasewicz said he has seen the best results in developments where the homeowners association takes responsibility for maintenance.

Landy asked about soil types in the area. Mr. Grasewicz said most of it is sandy loam. Landy is concerned that the development may raise the water table and cause even more runoff than currently exists. Mr. Grasewicz said the plans are to hold water back and he doesn’t anticipate an increase in the water table.

Pini asked about the impact on Ms. Roehl’s septic systems. Mr. Grasewicz noted the road is down gradient from the abutter’s septic systems and well and water runoff shouldn’t impact the systems.

Silverman said that two bids to review the engineering plans had been received. Pini asked if either was asked to review the hydrology report commissioned by the abutters. They had not. This report will be sent to the firm that reviews the plans. She wants to insure that the concerns raised in this report are addressed by the engineering plans, and if they are not, what is recommended.

During the state review of the alteration of terrain permit application, state engineers look closely at pre and post development hydrology. Pini said she feels confident that the state will answer her questions about stormwater management, but wants the concerns raised by Geosense to be addressed.

Mr. Filipi distributed copies of an environmental fact sheet on water supply engineering, which classifies groundwater to determine the level of protection necessary. Under their classification the aquifer under the Filipi property is described as ‘groundwater of high value for present or future drinking water’ and no land use prohibitions are required or recommended. The classification authorizes active management on the local level.

Pini sees two key issues – is the development going to make the site worse; will the development contaminate water in the aquifer, and if so, what conditions should be imposed to correct that. Mr. Grasewicz said prohibitions against using fertilizer and salt will be in each owner’s deed. Gray noted it would be hard to regulate.

Regarding the review of the engineering plans, Mr. Filipi suggested $650 - $1,000 as a budget and asked if everyone would be satisfied with Covel doing the review, and would his word be final.

Gray asked if the Board had ever seen a yield plan, to qualify the number of lots in a cluster subdivision. Mr. Filipi showed copies of earlier plans he proposed could be used as a yield plan.

Mr. Bequaert, Chairman of the Fitzwilliam Village Water District Commissioners, requested an opportunity to read a letter to the Board. A copy of the letter is attached to these minutes and is part of the record. The Commission is considering a single source water system located in the aquifer protection area in the Filipi subdivision. They cannot continue their planning process until Mr. Filipi obtains approval for his plans. They urged the Board to make every effort to approve the plans quickly.

Ms. Roehl, abutter, asked if one could see the fire pond from Upper Troy Road. Mr. Grasewicz said no, but it could be seen from the subdivision road. Ms. Roehl added she was hoping the plans could be reviewed by a totally objective reviewer. She is concerned that these types of plans may not be part of Mr. Covel’s expertise.

Silverman noted that Covel represents the town’s interests regarding protecting the aquifer and was highly recommended as qualified and expert in this area.

Ms. LaFond asked about lot 7, wondering if there were two catch basins on the lot and if the house was in the aquifer protection area. Mr. Grasewicz pointed out that the house is not in the APA, and there is only one catch basin on the lot. The driveway to the lot is fairly flat and acts as a natural barrier to water runoff. He noted that the primary function of detention basins is to slow water runoff and capture sediment; it won’t get rid of nutrient contamination. He added that the soils in the area of lot 7 are very good with a low water table.

Ms. Roehl said she still has a huge problem with the road being so close to her property line. She clarified what she would be able to see as she leaves her driveway.

Pini asked what the motivation was for moving the road from its original location. Mr. Grasewicz said the original location would require significantly more earth cutting since it is 20 – 25 feet lower than the new location. In addition, the new location allows the intersection of the subdivision road and a driveway on the opposite side of the road to be offset more. He noted one will not see houses or even a long road when looking up the road from the entrance.

Pini asked how many feet of trees would be left between the Roehl’s house and the road. Mr. Grasewicz estimated that more than 45 feet of trees would be left between the road and the Roehl’s boundary.

Silverman asked if the road area could be flagged so the Board, abutters and neighbors could see the size of the proposed cut. Mr. Grasewicz will flag the area on Friday the 7^th.

Silverman clarified that Mr. Covel would be asked to submit a comprehensive report. Pini said she wanted a personal presentation to the Board even more, so they could ask questions.

Silverman moved, Haynes seconded and the Board voted to continue the hearing until September 18, 2007 at 8 PM and if Mr. Covel is unable to finish the review and meet with the Board at that time, the hearing will be continued until October 2, 2007 at 8 PM. Abutters will be notified via postings at the Town Hall and Post Office.

Silverman asked if there were other issues to be discussed in addition to the water runoff/contamination issues. Gray asked if the Fire Department was OK with the road. The Board is waiting for a written report from the Fire Department regarding the road. Pini said if the Fire Department is OK and if Mr. Filipi isn’t going to get rid of lot 7, then she has no more issues. Mr. Filipi said the first plan submitted was the lowest impact plan, adding that the road is a ‘killer’ for him and he can’t get rid of the two other lots because he has to build the road. He thought he may have been able to work with Mr. Covel more to change the original plan rather than going directly to the cluster plan.

At Mr. Filipi’s suggestion, Silverman moved, Pini seconded and the Board voted to extend the deadline for action on the subdivision application to Thanksgiving, November 22, 2007.