Fitzwilliam Planning Board
August 18, 2009
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Jason Hill, Mac Landy and Carmen Yon, Selectmen’s representative.
Others present: Nancy Carney, Deputy Fire Chief, Alternate Carlotta Pini.
Call to Order: 7:00 PM
Preliminary consultation with Mary Anne and Mace Wenniger about merging and subdividing lots located on Rhododendron Road, Map 13, Lot 5-1, Rural District.
Mary Anne Wenniger presented the concept of voluntary merger and subdivision, which will result in a 3 acre lot for their daughter and enable the Wennigers to put their home and an adjacent lot on the market. Silverman noted that the Wenniger property has no frontage on a Class V road, and is therefore a nonconforming lot. The Board clarified that previous plans to build a studio on the adjacent lot had not materialized. Mrs. Wenniger said Dick Drew will bring in the application and final plans for the changes for a public hearing in September. Silverman said the voluntary merger could be done at the same time, using a voluntary merger form.
Preliminary consultation with Dawn Eklund to discuss a home based child care business for fewer than six children, located at 976 Route 119 W, Map 9, Lot 10-4, Rural District.
Ms. Eklund said her home is near the Richmond Town line, located about 300 feet off NH Route 119 West on a shared driveway. She is not yet licensed, but will begin the process in a few months. The license will allow her to have a total of six children, four in addition to her own two children. Until she is licensed she can take care of only three children.
There is a 30X20 fenced area outside for children, and three rooms inside will be used for day care. There are at least four areas for parking off the state road, along the driveway.
Silverman noted that day care is an allowed use, and the Board would like to see a preliminary site plan that includes the exterior day care areas, parking, home entrances/exits, fire extinguishers and smoke alarms. Deputy Chief Carney said there will be inspections by the State, Fire Department and Health Officer once the licensing process begins.
Livestock Issue. Silverman reported that there have been multiple complaints about animals as neighborhood pests, including roosters and guinea fowl. He said the town needs ordinances with structure and teeth that don’t allow people to share their animals with their neighbors. He said that the group who lodged a recent complaint will meet with the Board on September 1 to discuss amending the livestock ordinance.
Gray asked if the Board had any ideas about how to amend the ordinances. Landy asked if it is a problem of noise or livestock. Silverman said he thought both needed to be addressed. He’d like a noise abatement ordinance that addressed noise that disturbed two or more residents and a livestock ordinance that keeps animals out of neighbors’ yards.
Haynes cautioned that in the future more and more food will be supplied locally, and suggested a committee of local farmers to discuss an ordinance that works for them. Yon asked why the earlier ordinance was amended to the current version. Haynes said because the setbacks were unrealistic. Silverman asked if the setbacks should be changed from the boundary line to the dwelling location. He wondered if chickens could be allowed at all in very close quarters. Yon said Mr. LaValley suggested the re-insertion of a clause from the original livestock ordinance would handle the problem. Silverman said nothing will be too restrictive to agriculture, except maybe pig manure.
Haynes suggested inviting Tracie Smith and other farmers to discuss these issues. Gray suggested the Master Plan include a policy statement on agriculture and animal husbandry.
Silverman said the Board will prepare something for the next town meeting, but wondered if there were interim measures that the town could take to resolve the current complaint. Staff will research this. Haynes will talk with the state about enforcement. Yon wondered if the animal control officer could talk with the animal owner.
Master Planning Reports. Hill said he gave his report to John Tommila to deliver to the Board, and does not have a copy for the Board tonight. He will make his presentation to the Board at the September meeting.
Haynes reported on the Recreation and Open Space presentations.
Recreation. She noted the Recreation Commission was in the process of reorganizing when they met with the Board, and at that time they hoped for a part time director. Yon reported that the department has been restructured with a paid recreation coordinator and program directors for each program, on stipend.
Haynes said the Commission would like to see a town swimming beach in the future because currently the summer rec program pays to bus children to local lakes. They would like to increase use of the Emerson School gym for town programs, maintain the cross country ski trails and expand the trail system for hiking. Gray wondered if the inadequate field that was designated for a ball field on Route 12 could be sold and funds used to buy land for a beach.
Open Space. Haynes reported the Conservation Commission and NRI committee would like to maintain open space, maintain the existing open farm land and protect the water supply. The issue is how to do this, how to fund the purchase of development rights. Yon said the town needs the Open Space Committee to find opportunities for the town by identifying land for conservation.
Silverman said he believes the issue of land use needs a broader discussion, including town residents, on how to best use land in town. Carney said the NRI will be very helpful for this.
Haynes summarized that as recreation and open space needs increase, the available land is decreasing. She raised the issue of increasing setbacks on prime wetlands and decreasing them on forested wetlands. Yon suggested they be differentiated in the Master Plan, adding there is a difference between a 100 square foot wet area and wetlands. Silverman feels this is for the ordinance discussion for next town meeting.
Silverman reported on highways, public works and lakes. He summarized the current situation as reported by the Road Agent, noting road maintenance is the largest budget item.
Roads. During the presentation by the road agent, several areas in town were characterized as environmentally sensitive with roads inadequate for much development without improvement, including lower portions of Templeton Turnpike, the area around Rhododendron Road and Old Troy Road. Silverman suggested convening a larger group to identify other sensitive areas.
Transportation in town is primarily by private vehicle. With State Routes 119 and 12 intersecting in Fitzwilliam, and 55 miles of town maintained roads, motorized vehicles are the most practical way to move around town. We would like to encourage walking and biking but it may be difficult. He feels the transportation section of the current master plan is comprehensive.
Gray asked if the town road standards comport with residents desire to keep the town more rural. She wondered if the Board should look at a better way to develop roads in subdivisions, noting that many town roads are narrower than required in subdivision standards. Landy suggested a discussion about scenic roads in the Master Plan. Silverman suggested there is misunderstanding about the restrictions accompanying a scenic road designation.
Yon wondered if the town should be more aggressive in upgrading its roads, like having as a goal the improvement of Templeton Turnpike. Silverman said he didn’t see people wanting wider or smoother roads, particularly in front of their home, to keep traffic moving more slowly, but noted that some of the narrower roads could not be expanded for lack of room. He said the CIP is a good tool for keeping up with infrastructure needs. He added that the issue with Templeton Turnpike is traffic coming up from Royalston. Landy thought the southern portion of Templeton Turnpike should be reclassified, and maybe consider upgrading the northern portion. Carney agreed that traffic from MA is increasing. Gray suggested the fire department, planning board and Selectmen should address these issues, and
they should be included in the master plan.
Pini said Rhododendron Road is in very bad shape during the spring and it is getting very developed. Rockwood Pond Road is used a lot now, even in winter. Other roads were added to the list, like Putney and Fish Rock.
Transfer Station. Silverman reviewed the current programs like recycling, brush removal, construction debris etc. Some of these programs are free and some are fee based. He said going forward, he would like to see more cooperation among towns for increasing recycling and more efficient trash disposal at lower cost.
There was some discussion of alternative waste disposal programs. Pini wondered if the old dump was properly capped when it was closed. Carney wondered if there was enough room for the transfer station operation in the building. Gray said that external forces were driving the work at the transfer station.
Laurel Lake. Silverman reiterated the high points of Barbara Green’s report on water quality, emphasizing the continued cooperation of the town Boards with the Lake Association in monitoring water quality, upgrading septic systems and enforcing compliance with the CSPA. He said forested land mitigates lake problems and cutting timber is the biggest problem for the lake now. He thinks the change in water clarity is natural. Gray asked about restricting cutting and fertilizer. Yon said this is an education issue that the Lake Association or Conservation Commission could take on. Pini said that is an enforcement issue of the CSPA. Yon said the state can’t make the town enforce the CSPA because it is an unfunded mandate. Haynes said it would be good if
all the town lakes could be monitored regularly. There is a problem confirming leakage of septic systems around the lake. Landy suggested using a higher quality test for septic leakage and a test for phosphates as well.
Yon noted that more and more the housing around the lakes is becoming year around, and asked that the Board consider distinguishing between seasonal and year around dwellings in a town ordinance, especially regarding septic systems. Haynes asked if anyone will swim in the lakes in 20 years. Silverman said lakes evolve into meadows, adding that with the high taxes on lake front property, people can’t afford to use them only seasonally.
Carney raised the issue of Sip Pond and activities there. She feels the campground owners need information about setbacks, wetlands, cutting tree, using fertilizer and the CSPA. She also thinks there are people living there year around. She feels the MP should recognize all waterbodies in Fitzwilliam. Landy suggested encouraging residents around all the lakes to form lake associations. Pini said the state tests only 140 lakes and they must have public access.
Silverman said that going forward, he has asked staff to cull the minutes of master plan discussions, which will be used for the basis of future discussions. We’ll use the current MP as well. He said the Board needed to make a rough draft and then check with SWRPC and others with land use knowledge about writing the final draft. He will check with Meade Cadot at the Harris Center and PB members he knows in Peterborough for suggestions. Gray asked if the Board needed to get bids and he said yes, to compare with the SWRPC proposal.
Minutes. The Board reviewed minutes of the August 4, 2009 meeting. Gray moved, Landy seconded and the Board approved the minutes as written.
The meeting adjourned at 8:30 PM.
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