Fitzwilliam Planning Board
September 02, 2009
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Jason Hill, Mac Landy, John Tommila and Carmen Yon, Selectmen’s representative.
Others present: Nancy Carney, Deputy Fire Chief, Alternate Paul Grasewicz, Selectman Parker.
Call to Order: 7:00 PM
Public hearing: Tom and Deborah White application for a boundary line adjustment between properties located on Ice House Point Road, Map 25, Lots 1 & 2, Rural District.
Paul Grasewicz, surveyor, presented the final plan for the lot line adjustment, describing it as adjusting the lot lines between properties so a second cottage now owned by Tom and Deborah White will be on land owned by the Whites. This adjustment will mean they will be able to make improvements and obtain financing for other projects as well. The adjustment involves about 12,000 square feet of land owned by Robert White, which will transfer to Tom White.
Grasewicz said the Whites were granted a variance by the ZBA to have two dwellings on one lot.
Asked about septic systems, Mrs. White clarified that each cottage has its own septic system, and the systems are not linked. They use water from the lake.
Silverman moved, Landy seconded and the Board accepted the application as complete. Hearing no further discussion, Silverman moved, Haynes seconded and the Board voted to approve the lot line adjustment as presented.
Minutes. The Board reviewed minutes of the August 18, 2009 meeting. Two corrections were made. Silverman moved, Gray seconded and the Board approved the minutes as amended.
Appointment: Joan Geary, Jim LaValley and Brian Luddy to discuss amending livestock ordinance.
Silverman opened the discussion by saying that all questions and comments were to be addressed to the Board and he emphasized that the Board would be discussing the issue of livestock regulation in general, not specific situations.
Joan Geary opened by saying that she lived in the densely populated village center residential district with many old homes situated close to one another, adding that livestock noises have disrupted her life. She said everyone has a legal right to ‘quiet enjoyment’ of their surroundings. She feels if the Planning Board could tweak the livestock ordinance in a way that would keep animals from becoming a nuisance to others it would be OK.
Jim LaValley asked the Board to review the current livestock ordinance and amend it so it includes fowl, noise management and an enforcement mechanism that allows a neutral party to enforce it. He added that if there are regulations prohibiting loud noises and dogs barking, birds should be added so neighbors can live together peacefully. He said there are two kinds of nuisance, private, or public where two or more people are impacted.
He suggested changing the ordinance so all livestock, poultry and pets are included, establishing the number of the above that can be kept in different districts, the amount of land needed for each animal and that all animals be contained, which may also decrease the spread of disease.
Brian Luddy said towns across the country are banning roosters, since they are not necessary to laying eggs. He said he understands the need to grow one’s own food but animals should be contained to keep them from neighboring property. He said the state definition of livestock, used by Fitzwilliam, is really meant for regulating the slaughter of animals for sale as meat. He referred to a new ordinance passed by the town of Derry, NH. He asked about a special exception, which is indicated in the table of uses in the Fitzwilliam Land Use Manual. The Board noted that the table was not updated with the information that resulted from the March 2008 town meeting, which passed the current livestock ordinance. The Town no longer requires a special exception for livestock keeping in any
district.
Mr. Luddy suggested that Police Chief Kassotis and the animal control officer really need the tools necessary to manage a public nuisance. He noted that he lives in the village center too and the setbacks required in this district cannot be met because the house was built before zoning and is situated right on the boundary line. He thinks any regulations need to consider setbacks in the village and for grandfathered homes.
Ms. Geary said she’s concerned that with so many houses for sale in town, there might be a lot of new animals in town in the future. There is nothing to stop this in the regulations.
Mr. LaValley said there must be something in between the state’s best management practices (BMPs) and the manure guidelines from UNH Cooperative Extension, used by Fitzwilliam, which will work – he wants animal owners to be responsible for their animals.
Gary Heald said he has reservations about moving away from BMPs, and he has a problem with using the language of ‘nuisance.’ He said he can’t stop odor at his lot line. He cautioned using words that can be misinterpreted. He said the owner has responsibility for their own animals but he is not overly comfortable with lots of restrictions either. He added laws can’t be written without unintended consequences of some kind.
Ms. Wallace asked if there was a definition of nuisance and Silverman responded that some towns use decibel level and some refer to the two or more people lodging complaints. Ms. Wallace said she was attracted to Fitzwilliam because it was pretty and pleasant, and would rather be awakened by a rooster than by an 18-wheeler on roaring down Route 119. She also said she didn’t move here to hear leaf blowers and dogs barking. She feels there are quality of life issues at stake here. She asked if it’s necessary to bully people to behave. She said it was interesting that in the 200 years of houses in the village being close together, there are no laws on the books about animals. She said the town common was built so people could graze their animals there – and if we don’t
need it any longer, why not pave it over for parking.
Silverman said there must be balance in anything you do. If one person wants to keep an animal then the burden of that animal should not fall on the neighbors. He said the Board was looking for guidelines, like the guidelines we already have about wetlands or floodplains.
Anne Cramer said the special exception requirement saved them from a terrible animal nuisance in their neighborhood. She asked if 127-13 could be invoked in this situation, but Silverman pointed out that regulation refers to principal uses, not accessory uses like livestock keeping.
Dennis Trout said roosters don’t just crow at dawn, they start at 2:30 AM and crow all day. He added that he didn’t want to burst anyone’s bubble about the quaintness of rural living, but he grew up on a farm in Fitzwilliam and they cut timber. If he’d started his chain saw at 2:30 AM there would be complaints. He said he is all for growing one’s own food, but wonders about the impact of pesticides and animal wastes on the water resources.
Police Chief Kassotis asked what the Planning Board’s intention was when they recommended changing the livestock ordinance. Silverman said the old ordinance was so restrictive that people couldn’t meet the setbacks and further, the Board had been assured by the state that the state would enforce the new ordinance. He said the Board would draft something and hold as many meetings as necessary to hash it out. He said if anyone had suggestions they should mail it to staff. Chief Kassotis said he’d like to be part of that process too.
Kate Thomas said she was well acquainted with the rooster in question, noting that at the same time the rooster crows, the Canada geese are flying overhead making their sounds. She said we live in a district that was historically farms, and her home was a chicken farm. She added she never knew how many roosters there were in town until this happened. She noted that the village is the noisiest part of town, with traffic from Routes 119 and 12, motorcycles, trash compacters, etc and an ordinance needs to address all the noises in the residential district.
Brian Doerpholz said that 200 years ago everyone had animals and animal noise was not perceived as a nuisance. Now it is. He said people have a right to grow their own food, adding that he lives in a small country town and he expects to have animal noises.
Landy asked what makes a good neighbor, adding that if his dog is barking, he brings it inside.
Dennis Trout said he lives in a neighborhood that is historically a granite quarrying site. He said he’d be the first to want to stop anyone from trying to bring that back, adding this isn’t the 1800s. We’re living in a modern society. Raising animals is OK but “I don’t’ want to. Raising animals on 5 acres in the rural district is OK but not on 1/10th of an acre in the residential district.”
Silverman said the Board would have to stop now for an appointment. He expressed his appreciation for the input from everyone, saying he is sure whatever the Board produces won’t please everyone.
Silverman moved, Landy seconded and the Board voted unanimously to go into closed session at 8:00 PM to meet with Joe Hoppock, town attorney on a legal matter.
Silverman moved, Landy seconded and the Board voted unanimously to come out of closed session at 8:10 PM
Technical amendment to WiValley conditional approval to erect a wireless broadband tower regarding a lower tower height.
Silverman moved to amend the April 21, 2009 Conditional Use Permit for WiValley to construct a wireless broadband internet access tower in Fitzwilliam, by changing the structure height as follows: The height of the tower on the premises shall not exceed 79 feet in height AGL, with an 8 foot high antenna on top of the tower for a total tower and mast height of 87 feet AGL, and further, that this amendment is agreed to by WiValley as a condition of the settlement terms with Mr. and Mrs. Raitto to dismiss their appeal in superior court. Landy seconded and the Board voted unanimously to approve this amendment.
Silverman moved to place in the WiValley file the agreements reached and signed by WiValley and Mr. and Mrs. Raitto on May 28, 2009. Haynes seconded and the Board voted to approve the motion unanimously.
Preliminary consultation: Peter and Donna Grier to discuss opening an automobile inspection station at their home located at 72 Collins Pond Road, Map 29, Lot 23, Rural District.
Mrs. Grier and her son made the presentation, saying they want to open a state inspection station and do minor repairs in their existing garage. Her son told the Board they are very aware of contamination issues and take measures to prevent oil from entering the ground. Mrs. Grier said they can meet all the requirements of the state to have such a business.
Haynes noted this business falls under 127-11 T, as a motor vehicle repair or body shop and will require a variance from the ZBA to operate in the Rural District.
Silverman asked if the Board wanted to do a site plan review after the variance is obtained and the Board agreed they did. Silverman said the Griers should seek a variance and the Board will do a site plan review because the property is close to Collins Pond.
Preliminary consultation: Eric Hannett to discuss lot line adjustment between properties located on Old Coach Road, Map 14, Lot 18 and Map 10, Lot 72-1, Rural District. Mr. Hannet did not appear.
8:30 pm Master Planning (Hill Report, Land Use Discussion continued)
Hill gave his report on the energy presentation given by the Energy Committee in July. He feels there is not much more the town can do to reduce energy use, since the town hall has already undertaken to phase out old light bulbs, has conducted an energy audit and repaired old windows. He doesn’t think the town’s energy use will increase much over the next 20 years.
Gray noted that the committee also talked about the need for more education on energy use; they asked the Board to consider strengthening the night skies ordinance; they noted the need for more volunteers to work on the issue; and they wondered if the town could develop incentives for green buildings. She added that Carlotta Pini had related the Rindge experience that the assessors could not break out the value of energy efficient systems.
Tommila noted that he had recently been in Europe and heard a lot of complaints about windmills, adding that the real issue is their low production and the need to be subsidized by the government because the initial capital investment is so great. Silverman said the town does not have the consistent wind speed necessary to be effective. Hill agreed, saying a government report shows southern NH and VT are the worst areas for wind installations. Tommila suggested nuclear power is the cheapest. Silverman disagreed, saying people are still paying the stranded costs related to the Seabrook installation.
Gray asked what the Board would like to see in the Master Plan. Landy suggested the MP encourage the town to be more conscious of energy use and promote energy conservation practices.
The meeting adjourned at 8:35 PM.
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