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

Members present: Terry Silverman, Suzanne Gray, Mac Landy, Jason Hill and Carmen Yon, Selectmen’s representative. Alternate Carlotta Pini was seated for Robin Haynes.

Public hearing: John Tommila application for the adjustment of boundary lines between property located on Rhododendron Road, Map 14, Lot 37 and property located on Sunset Road, Map 14, Lot 37-1, Rural District.

Jason Hill recused himself. Paul Grasewicz presented the final plat, showing the lot line adjustment that added 4.5 acres merged with Map 14, Lot 37-1 resulting in a 7.408 acre lot for Coni Porter and Eric Durmer, which now has 500+ feet of frontage on Rhododendron Road. Mr. Tommila retains 70+ acres as Map 14, Lot 37 with 78 feet of frontage on Rhododendron Road.

Map 14, Lot 37-1 will continue to be accessed from Sunset Road, so no new driveway will be necessary. The owners plan to use the new acreage as a buffer for privacy. Ms. Porter said that they would like to obtain another few acres so they could put it into current use.

The Board clarified several minor points, location of an old pathway, the status of Sunset Road as a private three season road and the use of a concrete pad and AT&T easement.

Hearing no further discussion about the proposed lot line adjustment, Silverman moved, Gray seconded and the Board approved the application for the adjustment of boundary lines between property located on Rhododendron Road, Map 14, Lot 37 and property located on Sunset Road, Map 14, Lot 37-1, Rural District.

Ms. Porter asked if all land in current use had to be on the same side of a road. Staff will research this, since the road is in private ownership the situation may be different than if the road was a public way.

In the absence of Robin Haynes, Board Secretary, Pini moved and Silverman seconded a motion to appoint Suzanne Gray as Acting Secretary for the purpose of signing the Mylar and plats. The Board approved this motion unanimously.

Mr. Young presented an aerial view of his property and his proposed two-lot subdivision of this land. He owns 191 acres, the majority of which he plans to preserve as open space. He wants to subdivide out the house lot, leaving the barn and remaining land intact.

The barn and house are on separate tax parcels, but are described as tracts in a single deed. The subdivided house lot is about 117,000 square feet, bounded by existing stone walls all around. Landy pointed out that a legal lot must be 120,000 square feet and Grasewicz added that lots less than 5 acres must have state subdivision approval prior to final subdivision approval. Mr. Young questioned that given his existing home and septic system are located on the new lot.

Yon noted that a legal survey is required for subdivision approval. Various Board members suggested carving out a 5 acre lot. Silverman said the Board could waive requiring a survey of the entire 191 acres, as long as the area to be subdivided was surveyed. Mr. Young said he would carve out a five acre lot and talk with a surveyor.

Completed Applications: Silverman said he was bringing this to the Board for review following the questions raised during the public hearings on the WiValley application.

Grasewicz provided the Board with copies of checklists used by surrounding towns to determine completeness of applications. He said many towns provide the checklist with the application so applicants can check off what they provide and supply written waiver requests for those things they don’t have or feel are not applicable. He said some towns provide waivers prior to accepting the application as complete, others accept as complete and then discuss waiver requests, and some require everything prior to scheduling the first public hearing.

Silverman feels that if questions don’t arise during the course of a public hearing the Board isn’t doing its job. He says his assumption on the WiValley case was that there was enough information to start the hearings and then the Board could discuss additional information they might need.

Grasewicz noted that for the site plan review there are some things that won’t apply to minor site plans and some things that might apply as the review goes forward.

Pini said she liked the idea of checklists. Gray agreed, but wondered if the Board wasn’t already doing this, wondering if there was a problem. She added that a checklist would make it tidy.

Silverman said in the past the Board had a checklist, adding that each application category was different. Grasewicz said some towns have several different checklists. Pini asked how we differentiate between major and minor site plan reviews. Grasewicz suggested by square footage, number of vehicle trips. Pini added maybe conversion versus new construction, and wondered if the Board could put the checklist together on the fly as they reviewed the next site plan application.

Yon wondered if the Board could change regulations about what’s required for a completed application without going to town meeting. The Board can change its own regulations for subdivisions and site plan reviews by holding a public hearing. Other ordinance changes must go to town meeting. Grasewicz suggested different lists for major and minor reviews. Staff will research and draft a couple of checklists.

Selectmen’s Report. Yon said the town has not been officially notified that the Raitto lawsuit has been withdrawn, but the Raitto’s reached and signed an agreement with WiValley indicating they would withdraw the lawsuit.

Pini said in her opinion the Town needs to take an active role in pursuing WiValley to provide wireless service to the town. Yon suggested the Technology Group could do that. She said the Technology Group is not an official town committee. Pini said she feels the Selectmen should do this for the benefit of the town’s residents. She added that the ability to provide high speed internet access is an economic benefit and affects the market values of homes in town. She said rural communities are getting left in the dust. She spoke with Brian Foucher and got the impression that it is easier to do business somewhere else.

Landy suggested a group of citizens could get together to bring a T-1 lie into town. Pini recounted the situation in Rindge where two people brought a T-1 into their neighborhood and now are stuck trying to collect the money owned from neighbors, or dealing with having to turn off service for nonpayment.

Master Plan Assignments. Suzanne Gray reviewed the assignments and schedule for reports from the Board. In the course of the discussion, Silverman briefed the Board on a request from SWRPC to join a team that will review the intersection of Routes 119 and 12 for safety and possible changes. He said he is trying to head this off because he is concerned about the solutions DOT has provided in the past. Deputy Chief Carney said any events at that intersection are primarily due to people blowing the stop signs on Route 119. People avoid the intersection by cutting through Mr. Mikes or Crossroads. She suggested most events are south or north of the intersection and involve high speeds and the Police Chief is looking into this.

Gray asked if everyone was OK with their assignments. Yon asked if the Board has heard Matt Buonomano’s ideas. Silverman said yes, they had heard some of them, involving transfer of development rights. He feels this idea is appropriate for larger towns. He said future high density development in the village center style will have the same challenges as the village has now with no public sewage and limited public water supply. He added it makes sense for large developments. Yon said it’s not economically feasible to do a large development or private water and sewer system.