Planning Board
Meeting Minutes
February 3, 2004
Members present: Terry Silverman; Chairman, Paul Grasewicz; Vice-Chairman, Joan McLaughlin, Robin Haynes, Carlotta Lilback Pini and Macreay Landy
Conservation Commission member Carmen Yon was also present.
Chairman Silverman opened the meeting at 7:03 p.m.
PUBLIC HEARINGS
7:05 Josephine Plaszewski d/b/a Fitzwilliam Antiques Centre for a Minor Site Plan Review to operate a retail group shop in the southern side of the Concord Industries building located at 179 NH RT 12 North, Tax Map 15; Lot 29 which is located in multiple districts: Residential, Rural and Light Industrial – Chairman Silverman opened this public hearing at 7:05 p.m. and read the case title aloud. Chairman Silverman stated that the applicant obtained a Special Exception from the Zoning Board of Adjustment to operate a retail business in this area. Chairman Silverman asked the applicant to present her proposal to the Board.
Mrs. Plaszewski told the Board that since the fire at her old shop which occurred on January 4, 2004 her business has been closed. Concord Industries has offered Mrs. Plaszewski ample enough space to operate her business and she would like to relocate there and open up soon as possible. This would be a permanent move for this business and would allow it to expand within this new space. She added that there are twenty-six families earning a living from her group shop and it is important to her to open her doors as soon as possible.
The Board reviewed the large diagram that Mrs. Plaszewski brought in showing the layout of the building and the space that she would be occupying as well as parking, egresses, etc. Entrance to the shop will be from the southern end of the building where there is a sign reading “Employees Entrance”.
Chairman Silverman asked about signage and Mrs. Plaszewski said that she would like to keep her original sign that was grandfathered into the business and has been there for twenty years, and she would like to sandwich it on both sides of the “Employees Parking” sign, perhaps using columns on the ends or white posts. There will not be any lights on the sign.
Chairman Silverman asked about parking and how that would affect the shed business that leases the parking lot. David Raitto representing Concord Industries, told the Board that both of the businesses would have access to that parking area and the shed business has plenty of room. Toe Piencka also representing Concord Industries, explained that a couple of sheds would be displayed in the front of the lot to let people know that he is there and then the rest of the sheds would be towards the back of the parking lot. Mrs. Plaszewski said that she is satisfied with the parking noting that the lot is paved and much better than what she previously had. Mr. Raitto added that he thinks that this would benefit both of these businesses as people will see the sheds and
pull in and also see that there is another business as well.
There will be no exterior changes to the existing building and there will not be anything displayed outdoors. Mrs. Plaszewski explained that she has so much space inside that this business has taken on a homey feel and has allowed her to upgrade considerably.
Joan McLaughlin questioned if this business did any restoration to any of the items that would require using chemicals, etc. Mrs. Plaszewski stated that they do not do any restoration or handle anything on the property, and that everything goes to her already done, but if she has something herself to do, she does it at home in her barn.
The interior of the building was briefly discussed in that there are moveable petitions which serve as walls and can be broken down and moved around, and there are very large windows. The applicant stated that she is very comfortable with the current layout. Mr. Raitto added that none of these movable walls are structural. The total square footage of floor space made available to the applicant for this business is 8,350.
Chairman Silverman questioned if anyone had anything else that they wanted to address. Mac Landy stated that one of the concerns that he has is that although he wants the business to exist he feels that this is spot zoning again. With there being no further comment Chairman Silverman asked for a motion.
Robin Haynes moved to accept the Minor Site Plan Review for Josephine Plaszewski, as written, for a group shop to be located in the southern side of Concord Industries located at 179 NH RT 12 North, Tax Map 15; Lot 29 located in multiple districts; Residential, Rural and Light Industrial. Chairman Silverman added that a plan for the business sign needs to be submitted to the Board as part of the record. Carlotta Lilback Pini seconded. The Board voted 5-1 in favor of the motion with Macreay Landy opposing. Chairman Silverman stated that the motion carries. Chairman Silverman closed this public hearing at 7:13 p.m.
CONTINUED PUBLIC HEARING
7:15 Russell Raitto for a major Site Plan Review to create a 7-unit condominium housing development for senior citizens 55 years of age and older on property known as Tax Map 15; Lot 57-01 in the Residential District – Chairman Silverman opened this continued public hearing at 7:15 p.m. and read the case title aloud. Bill Norton, Joe Harrington and Martin Risley were present.
Mr. Norton stated that they have a revised landscape plan and detailed plans which outline what would be planted and when, and miscellaneous details, and then there are outline specifications which address the screening for units 6 and 7 as discussed at the last public hearing.
Board member Robin Haynes asked for a review of the Site Walk that was conducted on January 24, 2004. Chairman Silverman pointed out on the plans where the applicant had flagged the ends of the buildings along the Rt. 119 side of the parcel and noted that they are very close to the existing modular home on the abutting property. Mr. Norton said that they have spoken with this abutter who had hoped to be present this evening. Mr. Norton continued and said that this abutter is in favor of this proposal but asked that they maintain as much buffer as possible down by the stone wall where he cleared his property, which they are agreeable to. Mac questioned the types of trees to be planted there and Mr. Norton said that there would be Colorado Spruce and Eastern White Pine which
are fast growing and provide a screen. The trees will be 4’-5’ in height when they are put in.
Chairman Silverman noted that another question is how much disturbance there will be to wetlands in the lower level of the parcel and added that a Wetlands Application was filed by the applicant this evening. Chairman Silverman stated that this needs to be noticed and a public hearing has to be held, as this would be ruled on separately. Additionally, the Planning Board is in receipt of a Dredge and Fill application that has been filed with the State, which needs to be reviewed. Chairman Silverman asked the applicant if they would like to explain that application to the Board.
Mr. Risley explained that the application is with regards to the existing gravel road that goes into the site, and in order to improve the road and put some curves in it there would be a little bit of fill that would go into the existing ditch. The existing culvert would be replaced which would require a minor amount of disturbance to the ditch on the edge of the wetland. This application is for this disturbance, and they are anticipating a minor amount of 1,950 sq. ft. along the roadside as they will fill in the low spot just enough to level it with the road. Mr. Risley noted that the area collects water that runs off of Rt. 119.
Mr. Norton asked Mr. Risley if there would be any activity in the lower area of this parcel and Mr. Risley stated that there would be no wetlands disturbance in that area.
Paul asked if there was any replication proposed. Mr. Harrington said that there is none proposed, but by the time the basin is in place it would probably start to grow vegetation on its own.
Chairman Silverman said that his general impression of the site walk after seeing everything flagged out there is that the separate part is a really cramped site for these homes, but he doesn’t know that there is anything to be done about that. The houses would all be a minimum of 35’ apart. Joan noted that there were concerns about the turnaround area, and Paul asked if they had any details on the surface treatment plan for this. Mr. Risley said that a fire truck would be able to turn within this and stay on the pavement which was actually designed for a WB50-semi. They are proposing a hardened grassed area without curves, which looks like grass and has a plastic grid underneath it. This material will carry 5,000 lbs. per sq. in., which is substantial, and there
is no special maintenance for this.
Mr. Harrington told the Board that since the site walk, they have met with the Conservation Commission at their meeting last week, and presented their program to them. Carmen Yon told the Board that the Commission did not prepare a report because they did not have a wetlands application to report on. Mr. Norton noted that the new program outlines additional screening and he showed this to the Board on the plans. All of the units would be screened from Rt. 12. Paul questioned if they have applied to the State for the septic system yet and Mr. Risley said that they have not, although he does have a set of plans and they are all designed, it just has not been submitted yet. Mr. Risley noted that since the last meeting the only change made to these plans is the note that
he added stating that each home would be equipped with a fire suppression system meeting the requirements of NFPA Regulation 13-R. Paul asked about the community water system, and Mr. Risley said that the community water system was going to be designed and built after, and the water distribution lines are shown with details to the pump house.
There was discussion as to the exterior of the buildings and if they would all look exactly the same. Mr. Norton said that the general elements are the same, yellow high end vinyl siding, white trim and green roof, but the units would be customized, meaning that windows may be different, etc. This will look as a uniform product, in that the color scheme would be the same. The color of the houses was discussed and whether yellow was a good blending color and how it would look viewed on the ridge. Looking at other colors such as white or light gray was discussed and Mr. Norton explained that Doug Reiner, the landscape architect that the Board has spoken with is the one that came up with the color, which he based on his observations from driving around the Village
area. The appearance of this is supposed to be a Victorian look, not a Colonial look. It was noted that this area is the gateway into town and the Village area is on the National Historic Register. Carlotta asked if they had photographs of another project they have done and said that part of this is trying to visualize what this would look like. Mr. Norton said that he would see what he could bring. Mr. Harrington added that most of the projects they have done have many more units, such as 50 to 100, and this project is unique for Fitzwilliam. Additional information about the houses includes that they are stick built with asphalt roofs and changes in the rooms would be in the back of the building. The fireplaces would be gas operated typically, however, if wood is desired that could be done but the additional cost is substantial. Propane tanks for the units would be behind the buildings. Paul asked about lighting for the entrance and Mr. Risley said that they are trying to
get an engineer from PSNH out to the site, but they are proposing a light on the Westerly side of the entrance. They are also checking to see if the Department of Transportation would move the sign that is near the entrance out of the sight line. Carlotta clarified that the Homeowner’s Association would hire someone for plowing and landscaping as well as rubbish removal. Mr. Norton explained that there is a whole set of regulations explaining the covenants, etc.
The Wetlands Application was discussed next and Chairman Silverman explained that they just received it this evening and it needs to be forwarded to the Conservation Commission. Mr. Harrington asked about this process and noted that they already met with the Conservation Commission. Chairman Silverman explained that they met with the Conservation Commission without having an application filed so that meeting was basically informational because they cannot act officially without an application, noting that the application is the form and method of communication between the Boards. Chairman Silverman added that the public hearing for the Wetlands Application is held by this Board, but they always take the Conservation Commission’s recommendations into account.
Chairman Silverman asked Mr. Norton if he had a copy of the covenant that would govern this, to which he did not, but he told the Board that he would get one to them. Mr. Norton added that the developer puts that in place as the owners come in as it is part of their package. Chairman Silverman asked how the age 55 and over is enforced. Mr. Norton said that they put in the covenants that all residents of the property have to be aged 55 and older, and noted that there are two exceptions. The two exceptions to the Federal Fair Housing Act are over 62 and over 55, and when that was adopted in the State they flip flopped those so that New Hampshire statute reads that 80% of the residents have to be over 55 years of age with the only exceptions being a health care worker or an
on-site maintenance worker, and they would not have either of those in this instance because it is too small. Mr. Norton said that they look to the Homeowner’s Association to handle this and they have found that small projects tend to be self policing. Chairman Silverman asked about grandchildren moving in with grandparents and Mr. Norton said that this is not allowed by the Condominium Homeowner’s Association rules, and they have been advised that they can put such restrictions in but it would not hold up. The rules allow for children to visit but not to stay for more than two weeks. Joan asked if anything was held with the Town by the Association and what if the Association voted to change something, such as the age limit, that could affect the Town in some way. Mr. Norton said that they cannot change the age restriction, and an age 62 project means that everyone has to be over the age of 62 with the exception of health care workers and on-site maintenance
workers. Robin asked how an owner would go about selling their unit; if they could sell it themselves or if they had to use a realtor and Mr. Norton said that it didn’t matter but the covenants in the homeowner’s rules all go along with it. Mr. Norton noted that it is their experience that these homes would probably go to people who currently live in town and they expect that these will be sold before they are built. The average selling price for these homes will be $240,000.00 - $250,000.00, but some will probably cost more due to individual preferences.
With there being nothing further from the Board for this evening, Chairman Silverman suggested that this be continued and follow the Wetlands Hearing. Due to noticing requirements, the Wetlands Public Hearing will be scheduled for the first meeting in March. Chairman Silverman closed this public hearing at 7:51 p.m., noting that it is continued to March 2, 2004.
PRELIMINARY CONSULTATIONS
8:00 Chris Parker proposes to relocate his business (Gap Mountain Drilling) on property on Rt. 12 South, Map 12; Lot 13 in the General Industrial District – Mr. Parker told the Board that he and his partner are interested in purchasing this piece of property, which was formerly used for a concrete business, but do not want to invest money in this if what they want to do is not going to be allowed. Mr. Parker told the Board that they would basically just park their trucks there and a 40’ storage container. In the future they would like to put up a 60’ x 100’ building, or something similar in size. The trucks and supplies would be inside the building, and nothing would happen on the site, it is simply for storage.
Robin suggested that this proposal may fall under Section 127-12 C. Construction yard, and read the definition aloud. Paul clarified that this business is for water wells to which Mr. Parker said was correct, and that he purchased the business a year ago. Carlotta asked about signs for the business and Mr. Parker said that there is a sign there now and he was going to ask about it; if it would be grandfathered in and if he could put his company name on it. The Board told him that he would need to obtain a sign permit. Joan asked if there would be any type of repair work done on the site and Mr. Parker said that there would be general maintenance work done on the vehicles inside the building, and he explained that Waste Management pumps their waste
oils.
Chairman Silverman stated that this is an allowed use for this property and he would like to see them do a Site Plan Review before they set up. Chairman Silverman explained that they would like to see the trucks and container in a buffered area so that it is not so visible from the road. Mr. Parker noted that the area is pretty well buffered now. Chairman Silverman added that they would also like to discuss lighting and he noted that there are no overnight lights in that area now and they prefer not to change this. Motion lights were discussed and Mr. Parker said that he would probably like some kind of light over the door that shines down on it. The Board noted that they did not see a problem with this. Mr. Parker said that they are pretty quiet and the noise they
make is on jobs, not at their site. Joan asked how many trucks they had to which Mr. Parker said that they have two big trucks and two small trucks. The big ones would be parked there all night and the small ones would be there during the day.
Mr. Parker asked the Board what they may see for future issues as he doesn’t ever plan to be another Cushing or anything that big, he is just an owner/operator businessman. Joan said that any significant change in the business, like expanding to 15 or 20 trucks, etc., should be brought to their attention. Paul noted that there are a lot of wetlands in this area and Mr. Parker said that he understands that and he is confident that there is enough room for them to do what they want in there. Chairman Silverman noted that they may want to informally have someone flag the wetlands for them, and as long as they stay at least 75’ away from them the wetlands ordinance wouldn’t apply. Mr. Parker thanked the Board for their time.
Administrative Work
Ø Review and approve meeting minutes from January 20, 2004 – Chairman Silverman moved to accept the minutes of January 20, 2004 as written. Joan McLaughlin seconded. A unanimous vote in favor of the motion was taken.
Ø Review Standard Dredge and Fill Application for Richard Seppala for property located on Richmond Road, Tax Map 28; Lot 16-04 – Carmen Yon asked the Board if the Conservation Commission needed to be involved with this application. The Board determined where this property is on Richmond Road near Angier Road. Margo told the Board that she and Jeanne Sable spent some time reviewing this application and then discussed and questioned what to do. The Conservation Commission received a letter that stated that they could request a 40 day time frame to review the application and Jeanne wasn’t sure what to do. Paul noted that this State application does
not supercede any local requirements. Margo said that she is not aware of a town application being filed. The Board reviewed the application which is to fill in 1,200 sq. ft. and install a culvert to create a driveway to access the building lot. Paul questioned if the culvert was already there, and noted that the pictures indicate that it is, and explained that if the work had already been done, that would explain why they are filing this type of application. Chairman Silverman noted that the plan and pictures show an existing house. Paul said that they still need to go before the Town Boards for this. Chairman Silverman said that the Town needs to notify the applicants that they need to file a Wetlands Application with the Town. Margo will write a letter to the applicants. Margo asked if the Conservation Commission should request the 40 days to review this and the Board said that they probably should. Mr. Yon said that the Conservation Commission would contact the State.
Ø Review Standard Dredge and Fill Application for Russell Raitto for property located on Rt. 119/Rt. 12, Tax Map 15; Lot 57-01 – Martin Risley from Clough, Harbor & Associates explained this application to the Board during their continued public hearing.
Ø Review Drafted Land Use Articles on the 2004 Warrant – The Board reviewed the drafted Land Use Articles for the 2004 Warrant. Regarding Article #7, Margo explained to the Board that Paula Thompson, Town Administrator, questioned if the Board should be so specific as to reference the page number for Editor’s Note 2A., in the event that General Code Publisher’s needs it in a different place. The Board noted that this was merely a reference place for this Editor’s Note noting that there is already an Editor’s Note #3, etc., in place. The Board agreed to remove the page number. Chairman Silverman moved to change Article #7 to omit the
wording, “at the bottom of page 12703 of the Land Use Ordinance” and to have it read, “through Editor’s Note 2 A. of the Land Use Ordinance”. Joan McLaughlin seconded. A unanimous vote in favor of the motion was taken.
Ø Update on 2004 Budget Request – $45,346.00 is the final figure after the Selectmen’s cuts and the Budget Committee’s cuts. Chairman Silverman told the Board that he went to the Budget Committee meeting last Thursday evening to answer any questions that the Budget Committee had. Chairman Silverman reported that Consulting Services was cut to $500.00, and Books/Periodicals was cut to $1,000.00. The Board noted that the Code Book updates fall under this line item. The Board discussed the Town Code Book, and questioned when the Planning Board/Land Use Office became responsible for supplying all of the departments with the updates. The Board
discussed their request for consulting and their reasoning and Chairman Silverman reviewed his discussion with the Budget Committee about this. Carlotta said that the town can be reimbursed for expenses and read aloud from RSA 673:16 II., which reviews this and makes a reference to RSA 676:4, I (g) as well. The Public Hearing for the Budget is this Thursday evening.
Correspondence
Ø Notice of Public Hearing from the Town of Winchendon - Reviewed
Ø Notice of Decision from the Town of Winchendon - Reviewed
Ø Winter 2004 edition of The Source Newsletter - Reviewed
Ø Information from the University of New Hampshire Cooperative Extension re: NH Coalition for Sustaining Agriculture and the NH Farm & Forest Exposition - Reviewed
Ø Notice of Decision issued by the Zoning Board of Adjustment (January 2004) - Reviewed
Ø Copy of letter from DES re: Site Specific Permit issued for 55 Housing Partnership- Reviewed and filed in the Site Plan Review file.
Joan told the Board she was not running for re-election as a Planning Board member. Mac is running again.
Master Plan - Robin has completed her section on the Library and gave Margo her draft. Chairman Silverman said that he met with Gene Cuomo this morning and he talked with Bill Prigge and is waiting for something from him. Chairman Silverman said that the Transportation section also needs to be rewritten. Joan is almost ready to turn something in. Carlotta said that she has spoken with the School Superintendent and Karen Craig and needs to get that information typed up, and she has a call in to Kathy Stark about the Recreation Department. Robin noted that the Open Space information needs to be updated as the Town has more than what is listed. Robin offered to assist anyone that needed it and Chairman Silverman gave her the Police Department to do. Margo told the Board that she has been in contact with Eric Twarog at SWRPC
about these changes that they want to make and he said that the easiest way to do this would be for him to receive one marked copy of the drafted plan and he would make the changes since he has the original there. Margo will keep Eric updated on this.
With regards to the Master Plan update, Margo asked the Board if they would like to make a minor change in the Annual Report so that it reads that it would be completed soon, rather than was recently completed, since it will not be done by the time the reports go out to everyone. The Board agreed that if it is not too late to make the change that they should. Margo will speak with Paula about this tomorrow.
Mac questioned if they reviewed the information that Fire Department submitted for the CIP. The Board noted that they did and Margo said that they had questions about some of the requests, so she sent the Fire Department a memo and they responded. Chairman Silverman told the Board that a petitioned Warrant Article to form a CIP Committee was filed with the Selectmen’s Office today.
Chairman Silverman told the Board that he will be on his way back from Philadelphia on their next meeting date and may not be here in time for the meeting.
Chairman Silverman moved to adjourn at 9:00 p.m. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use Boards
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