Town of Fitzwilliam, NH - Planning Board Minutes 03/04/08

Silverman read RSA 236:13, Driveways and Other Accesses to the Public Way, Section V., which confers the authority to adopt driveway regulations upon planning boards with subdivision authority. The regulations adopted may delegate administrative duties to the highway agent, board of selectmen or other qualified official or body. He proposed the board adopt the current driveway regulations and delegate administration to the Board of Selectmen and Road Agent.

Silverman noted that the current regulations work well. Pini suggested incorporating some aspects of draft regulations proposed in November 2006, such as the appeals and severability sections. Schott felt the purpose and authority sections should be included too.

Parker pointed out the regulations apply only to driveways on town roads, adding that driveways for businesses are vetted through the site plan review process and multiple driveways are vetted through the subdivision process. Parker said the Road Agent (RA) does a very good job and there have been no problems implementing the current regulations.

Parker said there are no separate driveway fees. A driveway is part of the building permit fee. Schott asked about penalties for violations. Parker responded that the Selectmen use the Occupancy Permit as leverage to manage violations, but state law applies if materials, like snow, are dumped from the driveway into the road. Legal counsel would be involved if the situation is not resolved after 30 days following notification owner of violation.

Gray asked if steep driveways were dealt with in the regulations. Haynes noted a 15% slope is the maximum allowed for subdivision driveways. Grasewicz said usually driveways are not engineered for subdivisions; the slope requirement is there to indicate the need to find an appropriate location for the driveway. Parker said the RA looks at what is feasible and he could be asked to determine appropriate locations in subdivisions.

Pini pointed to the phrase “determinations made that are agreeable to all parties” in the current regulations as problematic, wondering if it left the impression that no one was in charge. Parker said the RA was in charge. Pini proposed changing the sentence to say “following determinations to be made by the Road Agent…,” which would allow the RA to discuss issues with the parties involved.

Pini asked if the Board wanted to add protecting stone walls as authorized in the RSA. After some discussion of other ways to protect stone walls, and noting that it was mentioned in the master plan and survey as part of preserving the rural character of the town, Silverman suggested adding another paragraph to the criteria about stone walls.

Haynes report on Dublin aquifer protection strategy. Haynes talked with Ed Germaine about the strategy Dublin is pursuing to protect the town’s bedrock aquifers. With a federal grant, the town has mapped bedrock fractures and identified aquifers in town using GIS technology. They’re working with McKenna, a well driller, to test bedrock wells, using grant monies from the state and EPA. This information is being integrated bit by bit into town regulations, rather than developing a stand alone aquifer protection ordinance.

There was some discussion of developing a mountain ordinance for Fitzwilliam, to protect the area around Little Monadnock, patterned on Jaffrey’s ordinance as a model to restrict uses and density within the zone. Schott said the Jaffrey ordinance attempts to protect both the view of and from Mt. Monadnock.

Minutes: The Board reviewed the minutes of the February 19, 2008 meeting. Questions were raised about two statements in the Pollack preliminary consultation. Gray moved, Haynes seconded and the Board approved the minutes as amended. (Staff listened to the tape and research indicated both statements were made in the meeting. Mr. Pollack owns five parcels in two lots.)

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 and left the meeting. Mr. Filipi introduced a new aspect of the stormwater management system he wanted to discuss with the Board. Over this winter he has observed water drainage on Upper Troy Road and is concerned about the proposed closed drainage system on the first 300 feet of the subdivision road. He has discussed this with Grasewicz and they presented another proposal. This winter has been particularly bad, with freezing rain and snow and ice. Mr. Filipi said that 99% of the time the system will be OK, but with the salt restriction in the aquifer protection area catch basins may ice over. Ditches may be needed to redirect water to prevent it from flowing across Upper Troy Road.

Grasewicz said the situation with the road has changed from the original plan for road swales with a 3:1 slope, to swales with a 2:1 slope to the closed curb with catch basins on the first 300 feet of roadway. They are proposing to put ditches on both sides of the road with a 2:1 slope swale on the high side. This would increase the width of the opening by 15 feet on both sides of the road. They will do a double row of plantings on top of the slopes in any scenario.

Board members expressed concern that clearing needed to implement this plan would impact the Roehl’s. Grasewicz confirmed that at least at the opening of the road the necessary clearing would come close to the Roehl’s property line. Several scenarios were discussed including having a closed curb/catch basin system on the side closest to the Roehl’s and a ditch and swale system on the far side that would prevent additional clearing on the Roehl side. Silverman asked if there were alternatives to keep the catch basins free of ice. Grasewicz said there are several options to consider, including throated and scalloped culverts or double grated catch basins.

Silverman noted that during construction this road will be a shock and he’d like to see the road kept as narrow as possible. He doesn’t want to see the road drainage system any closer to the Roehl’s. Pini said she didn’t want to see 15 foot swales on both sides. Mr. Filipi noted that this winter is the worst it’s ever been but he wanted to discuss the scenario with the Board.

Pini asked Grasewicz if his stormwater calculations took paved driveways into account. He said they do consider all driveways and house sites as impervious. The longest driveway, crossing the aquifer protection zone, is engineered so water is directed into the drainage system of the subdivision. Grasewicz distributed photos of drainage systems he has worked on. He said ditches do not provide much water quality treatment, but they will do slow runoff and provide for sediment deposit.

Silverman asked if there was a way to divert more water from the catch basins on the lower part of the road. Grasewicz said no, the catch basins are as close as they can go to the lowest part of the road. The engineering provides for treatment and detention to manage impervious areas as well as naturally occurring water runoff on the site. Ann LaFond asked about sizes of the detention ponds and they range in length but are about 10 feet wide.

Pini wondered it the driveway across the APZ would be better if it was gravel. Grasewicz said the state requires that gravel driveways be treated as impervious surfaces now anyway. The covenants restrict the use of salt in the subdivision. Gray and Pini asked again about the necessity of having lot 7. Haynes said she appreciated the thought, time and effort Mr. Filipi had put into this subdivision.

Silverman noted, for the record, that Mr. Little had sent a letter asking for trees to be planted to buffer the Roehl home and driveway from the subdivision road. He said he understood that Mr. Little and Mr. Sheldon, Filipi attorney, were discussing this. Mr. Little agreed. Silverman added that several recommended species were non-native, and he asked Mr. Little to consider native species. Mr. Little said the trees were not invasive and his suggestions were based on recommendations of a forester. Silverman said the existing tree buffer will not be removed so new trees can be planted. Mr. Little said his plans did not show an existing vegetative buffer. Grasewicz reminded everyone that he flagged the limits of the areas to be cleared last fall, and plans have changed to clear less than the original plans.

Silverman raised the issue of the commercial sale of water and said he understood that Mr. Filipi will agree to a restriction on that in the covenants. He added that the Board wanted to think about the offer to the town of one parcel of land.

Setting pending legal issues aside for a moment, Silverman asked if the Board had any other problems with the conceptual whole of the subdivision plan. He asked if the Board thought this was a viable subdivision, once all the legal issues were worked out. He added he knew it would be upsetting the first few years, but thought that down the road would it be OK.

Gray said Mr. Filipi had done a lot to protect the land and aquifer and at the same time develop the land to satisfy all parties. She added that she had learned a lot but has one concern that just doesn’t go away. Along with abutters, Mr. Pine especially, she is concerned about ground water levels - water that is below ground. She said she has not heard anyone involved in this case predict how water flows below the ground. Gray understands that the engineering has dealt with surface water but wonders if the ground water situation will be exacerbated when land is cleared.

Pini suggested that if lot 7 was eliminated and the trees on that parcel were allowed to remain, with the surface water directed to ponds, nature could take care of it. She said that the original plan was for 7 lots and she had expressed concern about the increased traffic when the revised plan was submitted for 9 lots, wondering if that would cause the subdivision to be scattered and premature. Haynes said she has had concerns about lot 7 and the aquifer crossing and tree clearing necessitated by that lot. Mr. Filipi said he couldn’t afford to get rid of lot 7.

Silverman said he is trying to get a traffic count for Upper Troy Road. He guessed that the count would be quite high and that the traffic from the subdivision homes wouldn’t make as big an impact as we think. He said the Board has been concerned about lot 7 for a long time but Mr. Filipi has done a lot to meet the Board’s needs. He personally thinks it’s a decent scenario.

Silverman raised another issue, that of the old logging road which enters the property from Upper Troy Road. It appears that the stone wall has been breached and he would like to see the road permanently gated – closed off to eliminate parking and entry.

Silverman said the covenants need to be finalized, state permits and bonding secured, and negotiations between the abutters and Mr. Filipi finished. Mr. Filipi asked if the bonding documents and state permits could both be provided as part of a conditional approval. He’d like to finalize the bond agreement during the six months he anticipates it will take to secure the permits and then come back to the Board with all the documentation at once.