Town of Fitzwilliam, NH - Planning Board Minutes 10/02/07

Public hearing: Thomas and Lucille Decatur application for a five lot subdivision, creating three new building lots, on property located at 117 East Lake Road, Map 11, Lot 29, Rural District.

Silverman recused himself and Pini chaired the meeting. Grasewicz presented the subdivision plans. He said they are very similar to the ones presented at the preliminary consultation a year ago. One lot (11.8 a.) is for the existing house; one is a 31+ acre non-buildable parcel with wetlands, which surrounds the town highway barn; and three new building lots (5.0 a., 2.9 a., 26.7a.) with sufficient road frontage. All the lots have slopes of less than 15% over a 40,000 sq.ft. area; the smallest lot will need DES approval for the septic system; grading is shown for the two driveways.

The item that generated the most discussion was the proposed access easement over an existing gravel road that will give access to the largest buildable lot, and access for the existing house lot to the non-buildable lot for maintenance of their septic system, on which it is located. It will also act as secondary access for the smallest lot. The easement is over land owned by the largest buildable lot. Grasewicz said an easement runs with the land and does not give anyone the right to change or improve the passageway except the landowners. He said that by creating and designating a lot as non-buildable on the plat and recording the plat, the non-buildability of the lot is legally established. Haynes and Schott expressed reluctance to create an easement that might cause problems with future landowners of this property.

Pini asked about frontage for the non-buildable lot. It does have some frontage on East Lake road but it is not legal or functional according to Grasewicz. She wondered it could be used instead of the easement, stating that while problems over easements are a civil matter, towns often are dragged into the conflict.

Mr. Decatur asked for clarification on this discussion, pointing out several easements that exist on this property already. The town has an access easement, as do the railroad bed and old quarry. Haynes requested a site walk and it was scheduled for Tuesday, October 9 at 5 PM.

Preliminary consultation Jeff Hollenbeck to discuss moving his home business Integrity Welding (microscopic welding) to property currently owned by Ronald Morey on Route 12 S, Map 12, Lot 12, General Industrial District.

Mr. Hollenbeck is a self-employed micro welder. Currently he conducts his business from his home but wants to set up a separate space. He does welding for the tool and dye and plastics industries, re-machining and repairing small parts. He is the only employee of the business.

He noted that the Morey property is a well-constructed barn with power and phone lines available, a sink, drywell and gas heater (propane not hooked up), but there is no septic system.

Silverman noted that this property was approved for dry storage only since it is surrounded by wetlands in a sensitive area. Parker noted it was a nice building that hasn’t flooded in his memory. Pini wondered if a building permit would be issued on this property today. Grasewicz noted the property is on filled land within the current 75 foot wetlands buffer zone and a building permit probably couldn’t be issued.

Silverman said the building should never have been built in the first place. Once a building permit had been issued, the Planning Board asked that it be built to floodplain standards but was overruled. Pini said history aside, it is now a nonconforming structure. Grasewicz said that a septic system could not be put in. Pini wondered if this use required running water and Mr. Hollenbeck said it didn’t, but that he did use some water to wash parts and the waste water could be put into a pail. A member of the public asked if a composting, electric or chemical toilet could be considered.

Silverman said he would like a site plan review for this property/business that includes plans for waste disposal, specifics of the chemicals used in the business, an estimate of the number of vehicle trips, type and weight of trucks coming to the business and a complete site plan application.

Ms. Zug said the Natural Resources Inventory Committee has been meeting monthly with nine members since the Community Forum in spring 2006. They have developed and tested guidelines for evaluating conservation land and are about ready to publish the work. The guidelines will be used to identify and evaluate property in town for possible conservation protection and the ‘conservation score’ will be helpful in prioritizing conservation work.

Ms. Zug expects their work to conclude in the spring and hopes the committee will continue working as an open space committee. She hopes to work closely with the Planning Board and asked that the NRI guidelines be included in the revised Master Plan.

Preliminary consultation: Fitzwilliam Green LLC and Ed Rogers to discuss a three lot subdivision of 195 acres located on the north side of Jaffrey Road (Hancock property-barn side of road), Map 15-53, Rural District.

David Green, Matt Buonomano and Ed Rogers, engineer, presented the preliminary concept. Fitzwilliam Green LLC holds an option to purchase a 195 acre property on the north side of Jaffrey Road, which includes the barn that belonged to the Elephant Rock homestead. They are planning to subdivide this property into four lots, one will include the barn and the other three will be building lots. The lots will be restricted against further subdivision.

Mr. Rogers said the lot lines will follow existing stone walls, which tends to preserve the walls themselves. There is a large stand of balsam trees that will be preserved. Pini asked if the land was in current use, adding they may want to consider making all lots large enough to allow new owners to build and keep the rest in current use. Silverman said he couldn’t see any problem with this concept. Others concurred.

Preliminary consultation: Dick Dwinell to discuss a two lot subdivision of property located on Royalston Road near the Massachusetts border, Map 2, Lot 6, Rural District.

Mr. Dwinell said he purchased this property in 1987 just as the town was straightening a bad curve fronting the property on Royalston Road. He donated some of his land to the town for the project, which decreased the amount of frontage he would have. Parker said that to insure that the land could be subdivided into three lots in the future Mr. Dwinell sought and received a variance from the Board of Adjustment allowing lots with less frontage than required for subdivision in the rural district. It was surveyed and the state approved a two lot subdivision but Mr. Dwinell took no further action on the subdivision. He said it was his understanding that by granting the variance the subdivision was created. That is not the case. Parker noted Mr. Dwinell was not paid for the land he gave up for the road straightening project.

Haynes asked if the variance decision specifies a three lot subdivision. Board members asked to read the minutes of the ZBA meeting granting the variance to ascertain intent. Pini asked if the DES approval of the subdivision plans was still valid and Grasewicz said it was. She summarized that the state has approved a two lot subdivision but the town has not approved any subdivision. Schott wondered if there was any time limit on the variance and Parker responded the variance runs with the land.

Pini wondered if the document presented as the subdivision plan was recordable at the Registry given their current regulations. She wondered if it depicted conditions as they currently exist. Haynes noted that there have been changes in the road since the plan was drawn. Silverman said the plan must show a building square on the proposed hammerhead lot. Gray thought the wetlands may have changed in that time too. Pini wondered if the subdivision could meet current zoning requirements, such as slopes, and lot sizes. Haynes said the Board needed to see driveways depicted on the plan.

Silverman said the Board needed a complete subdivision application, accurate survey and depiction of the hammerhead building square. He said the Board would consider the application without regard to frontage and size of the first lot, which may be undersized for current zoning. The Board will treat it as a conforming lot in terms of size.

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

Schott recused herself. Chris Covel, hydrologist, was too ill to attend the meeting and present findings of his review of the hydrology and engineering plans. Mr. Covel recommended that he work with an engineer to review the engineering plans. He suggested Sanford Surveying and Engineering Co. Mr. Sanford has estimated that it will take eight to twelve hours to complete the review with written comments. He will charge $75 per hour to do the work. The Board concurred that they would like Sanford to review the engineering plans, with Mr. Covel reviewing the hydrology reports. Mr. Filipi agreed to pay for this review with a cap at the current estimates. He will discuss any further charges as necessary. Silverman noted that Mr. Filipi will contract with Sanford for the engineering review.

Pini asked if Mr. Sanford will attend the Board meeting to present his findings with Mr. Covel. Mr. Filipi said he’d prefer to get the engineering review in writing. If, after Mr. Grasewicz makes recommended adjustments, the Board still wants to meet with Mr. Sanford he will consider it.

Silverman moved, Haynes seconded and the Board voted to continue the hearing to October 16, 2007 at 8 PM. Mr. Covel and Mr. Sanford will submit reports in writing. Mr. Covel will attend.

Mr. Filipi asked if the Board would consider a conditional approval so he can submit the plans to the state for permitting. The permitting process may take months and other details of the subdivision, like covenants and deeded easements, could be worked out during that time. Silverman thought the Board could make a decision once the engineering issues are worked out.

Grasewicz asked if Boundary Line Adjustments required a preliminary consultation. Pini noted that BLAs are technically subdivisions. Landy stated preliminaries are required for a BLA.

Schott asked if the Board could get the proposed aquifer protection ordinance process going. The Conservation Commission is taking the lead on drafting the ordinance and will make a presentation to the Board at the next meeting. Pini suggested deciding on which map the ordinance would be based.