Planning Board
Meeting Minutes
March 2, 2004
Members present: Terry Silverman; Chairman, Joan McLaughlin, Robin Haynes, Macreay Landy and Carlotta Lilback Pini
Members absent: Paul Grasewicz; Vice-Chairman
Selectmen present: Joan Knight
Carmen Yon, member of the Conservation Commission was also present.
Chairman Silverman opened the meeting at 7:05 p.m. and immediately opened the first public hearing.
PUBLIC HEARINGS
7:05 p.m. PUBLIC HEARING for a Wetlands Application filed by Russ Raitto and 55 Housing Partnerships LLC, in conjunction with the Site Plan Review for the 7-unit condominium housing development for senior citizens 55 years of age and older on property known as Tax Map 15; Lot 57-01 located in the Residential District. The continued public hearing for the Site Plan Review for this project will immediately follow the wetlands public hearing. – Chairman Silverman opened this public hearing at 7:05 p.m. and read the case title aloud. Bill Norton and Joe Harrington from 55 Housing Partnerships LLC and Martin Risley from Clough, Harbour and Associates were present.
Mr. Norton began by telling the Board that they are very familiar with this project and the wetlands have been defined and the buffers have been set coming into this parcel from Rt. 119 east where there is a little bit of wetlands on both sides of the road. The applicants have applied for a Dredge and Fill permit through the State for a minimal amount of wetlands disturbance at the existing gravel drive access road. Additionally, there is another small wetlands area that feeds into this pond and further down as well. Mr. Norton said that they have filed with the State and they are seeking local input with regards to this and with this feedback, the application at the State will be processed forward.
Chairman Silverman read aloud the comments from the Conservation Commission on the Wetlands Application, and the report of the Site Walk conducted by members of the Conservation Commission and the Planning Board. The Conservation Commission has recommended that the project proceed with caution utilizing hay bales and/or other approved methods of erosion control to protect wetlands. Additionally, the Conservation Commission noted that the wetlands adjacent to the access road are not seen as a problem.
The Board reviewed drawing C-1; Existing Conditions Plan, of the plans for the housing development, and Mr. Risley pointed out the wetlands boundary which is indicated by dark, dashed and dotted lines. Mr. Risley pointed out the wetlands near the entrance, the existing culvert and the ditch that has been delineated as a wetland. Mr. Risley explained that they plan to remove the existing culvert by the ditch and that is all that they plan to disturb. Mr. Risley referred the Board to drawing C-5; Erosion and Sediment Control Plan, and explained that the dark dashed lines indicate the silt fence, and he showed the Board the area near the entrance where this applies and also where they propose this on the slope line. Mr. Risley explained to the Board that anything that
goes beyond the first fence would be caught by the second fence, which is angled downhill. There is also going to be a stone check dam which Mr. Risley said would trap a majority of sediment during construction. Mr. Risley stated that the wetlands on the other end of the property, Rt. 12 side, would not be disturbed at all. The Board questioned the amount of wetlands to be disturbed and Mr. Norton said that it would be approximately 1,900 sq. ft. The Wetlands Application stated 1,950 sq. ft.
The Board asked about the proposed culvert to go in and Mr. Risley said that it would be a 12” culvert which would be more than adequate, and noted that the existing culvert is in poor condition. Mr. Risley added that there is very little watershed in this area. Mac questioned if they would use silt fence or hay bales to which Mr. Risley said they would use silt fence and he added that the details are on the plan.
With there being no further questions from the Board, Chairman Silverman referred the Board to Section 127-16.1 D. 3. (b) of the Land Use Regulations, noting that they have three choices as to how to proceed at this point. The Board agreed to issue conditional use approval and reviewed the four criteria under Section 127-16.1 D. (4). The Board voted unanimously that the proposed activity complies with each item.
Chairman Silverman moved to approve the Wetlands Application with the condition that the silt fencing, check dam for the culvert and all other precautions to be taken as shown on the plan, be adhered to. Robin Haynes seconded. A unanimous vote in favor of the motion was taken.
This public hearing was closed at 7:20 p.m., and the continued public hearing for the Site Plan Review for this project was opened at 7:20 p.m.
Continued Public Hearing – Major Site Plan Review for Russell Raitto and 55 Housing Partnerships LLC who are proposing a 7-unit condominium development for senior citizens 55 years of age and older on property known as Tax Map 15; Lot 57-01 located in the Residential District.
Chairman Silverman reviewed this proposal for a 7-unit condominium development, and told the Board that tonight they received a draft of the Condominium Rules. Chairman Silverman spent some time reviewing this document and clarified that according to Section 15, there are to be no people living in the units that are under 55 years of age. Mr. Norton said that this is hoped for, but it is not exactly in alignment with the Federal Fair Housing Regulations, although up to 80% of the units would be this way. Mr. Norton added that this is the intent of this project but it is only enforceable up to the extent of the Federal Regulations, and it has been his experience that they find that smaller developments tend to police themselves. Additionally, the fact that there are
less than ten units in this development means that the Attorney General does not need to sign off on this. Mr. Norton added that the format of the Condominium Rules document is the same as what they have been using since 1980.
Mr. Norton read aloud the section regarding pets noting that the rules do not limit the size of the animal. Mac asked about the covenant dealing with how long children could stay there and Mr. Norton said that it states two weeks.
Joan McLaughlin questioned if the entrance would be lighted noting that this housing development is directly off of a highway and people that are unfamiliar with the area may not know that this is there. Joan noted that there is the safety of the residents leaving the driveway to consider as well, and she suggested that a street sign might be advisory to traffic. Mr. Norton said that they propose making the lighting a condition of approval and said that they are going to work with PSNH to put a light on the westerly side of the road, and they are also going to work with DOT about relocating the sign that is right there, and try to get it moved down further. Mr. Norton noted that it is their intent to add a streetlight and a prominent sign, something that is
agreeable with the Fire Department. There will be one house number and then the units will be identified by letters. There will not be a name sign for the development. Robin asked if they have chosen a name for this development and Mr. Norton said that they have been calling it Fitzwilliam Meadows and this has been suggested, but this is not definite at this time. Chairman Silverman clarified that the street sign would be illuminated to which Mr. Norton said that it would be a regular street light with the house number located underneath it. Mr. Harrington stated that they want this for safety and they are trying to balance this so that it identifies the site as well.
The color of the houses was brought up next and Mr. Norton provided the Board with some photographs of different projects they have done, noting that the subject distance in the photos is about the same as looking at this site from Rt. 12. Mr. Norton noted that there was some concern from some Board members about yellow houses, so they have put together a palette of alternating neutral shades. Mr. Norton explained that there may be some different architectural detailing on the individual houses. Some Board members liked the palette and some did not, feeling that it was trendy. White seemed acceptable to most Board members and yellow was liked by some as well, but the Board did not make a decision as to what color they had to be.
Mac questioned where the potential buyers would be from and Mr. Norton said that it is his experience that at least half of the buyers come from the host community.
Mr. Norton told the Board that the two permits they are waiting for are the Dredge and Fill which will be acted on now that they have obtained the local action that DES was waiting for, and after that is done, the septic system will be reviewed next. DES has already commented on this. Mac questioned if there was anything specific noted by DES and Mr. Risley said that there were just normal comments. Mr. Harrington added that there was nothing technical, just administrative.
Chairman Silverman referred the Board to section 127-16 E. of the Land Use Regulations which explains Planning Board action for a proposed cluster development. Chairman Silverman told the Board that they need to determine if this project meets the criteria to be considered, and read each of these aloud. General discussion included noting that item D. really did not apply, although the Fire Department provided input in the beginning stages of this application and a note has been put on the plans with regards to the residential sprinkler systems. There was discussion about the common land with Mr. Norton noting that there are actually three separate sections; first is the condominium envelope, what is individually owned in terms of square footage, then adjacent to that
is the limited common area; the back yard, and then the common area that is owned equally by everybody. Carlotta asked if there would be some kind of conservation easement recorded and noted Section 127-16 C (1). Mr. Norton said that t there would be and explained that this could be handled a couple of different ways; there could be a permanent deed restriction to each of the seven individual units, or if the town wanted to accept an easement it could be deeded to either the town or to conservation. Mr. Norton added that this is beneficial to them as well because as units are sold they are assuring the people that are investing that they are not going to suddenly see another seven units up across the street. The Board voted as follows on the four criteria:
1. a. The general objectives of the cluster development are met: 4 (in favor) – 2 (opposed)
1. b. The existing and probable future development of surrounding areas: 6 (in favor); unanimous
1. c. The appropriateness of the proposed development in relation to the topography, soils and other characteristics of the tract in question: 5 (in favor) – 1 (opposed)
1. d. Not Applicable
Macreay Landy moved to grant the Special Permit for the proposed cluster development by Russell Raitto and 55 Housing Partnership LLC for property known as Tax Map 15; Lot 57-01 located in the Residential District with the stipulation that all notes, references, plans and drawings be carried forth as documented in the various housing, site and landscaping plans filed in conjunction with this application. This approval is contingent upon the applicant obtaining the two State Permits that are required before a construction permit is issued by the Town of Fitzwilliam. Joan McLaughlin seconded. A unanimous vote in favor of the motion was taken.
This public hearing was closed at 7:52 p.m. A Mylar, two copies of the final approved plans and a check in the amount of $26.00 payable to the Cheshire County Registry of Deeds are needed before this can be recorded at the Registry of Deeds.
7:45 p.m. CONTINUED PUBLIC HEARING for Paul & Norma Niemi’s proposed three lot subdivision of land located at 309 Fullam Hill Road, Tax Map 12; Lot 63 located in the Rural District – Chairman Silverman opened this continued public hearing at 7:53 p.m. and read the case title aloud. Jillian Maki was present on behalf of Graz Engineering and the applicant, and provided the Board with revised plans for this proposal. The Board and members of the Conservation Commission conducted a site walk at this property on Friday, February 20, 2004.
The revised plans show the proposed house locations and the contiguous upland area. A separate plan shows the proposed well location and leaching areas, as well as topographical and wetland details. The Conservation Commission did not provide a report regarding the site walk because there is no wetlands application to be considered, and no impact to wetlands with this proposal. Mac said that he thought that perhaps the steep pitch could have an impact on wetlands. Ms. Maki told the Board that with regards to lot 63-3, they have moved the proposed house location closer to the road than originally planned, and it could go even closer still while meeting all setback requirements. The DHS Plan is to show them that there is plenty of room to do this. Carlotta noted that her only
concern would be erosion control during excavation. It was noted that the final septic designs are not done yet. Scott Niemi explained to the Board that the proposed house location for the other lot, 63-2, is about 30’closer to the road than his parents existing home is, and would be in the middle of the lot approximately.
At this time Chairman Silverman moved that the application for this subdivision for Map 12; Lot 63 is complete. Robin Haynes seconded. A unanimous vote in favor of the motion was taken.
Chairman Silverman asked the Board if they had any further questions regarding this subdivision, to which there were none.
Carlotta Lilback Pini moved to approve the three lot subdivision for Paul & Norma Niemi for property located at 309 Fullam Hill Road, Tax Map 12; Lot 63 in the Rural District with appropriate erosion control measures to be in place during all construction. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.
Chairman Silverman and Joan McLaughlin, Recording Secretary signed the Mylar and several copies of the plans. Scott Niemi will bring a check into the Land Use Office for the recording fee at the Registry. Chairman Silverman closed this public hearing at 8:04 p.m.
PRELIMINARY CONSULTATIONS
8:00 p.m. Darnell Favreau proposes to locate one machine (lathe), and one employee in the accessory building on property located at 98 Royalston Road, Tax Map 10; Lot 41 located in the Rural District – Darnell and Debbie Favreau were present. Chairman Silverman asked Mr. Favreau to explain to the Board what he would like to do. Mr. Favreau told the Board that he has a machine shop in Nashua and has excess equipment which he is considering moving to his property here in town. Chairman Silverman asked Mr. Favreau if he would be the only employee to which Mr. Favreau said that he is not sure because he does not know what is allowed and he doesn’t want to limit himself. Robin referred the Board to Section 127-14, Home Business/Home Occupation under Accessory Uses, and noted
that a Home Occupation is conducted by a resident of the premises entirely within the residence or an accessory building and there is not to be more than one employee on the premises at one time. Carlotta questioned if there would be noise and if Mr. Favreau would have signs to advertise the business. Mr. Favreau said that there would be some noise, not really loud, and he would not have any signs. Robin questioned if there would be traffic or delivery trucks and Mr. Favreau said that he has very few customers and there may be a delivery truck going there once a week. Mr. Favreau said that he produces machine parts. Joan McLaughlin clarified that the only difference from this being a business is that Mr. Favreau would be doing the work himself. Mrs. Favreau said that it would be just him to start, but it could be more employees in the future.
Mac asked about the accessory building to be used for this business and Mr. Favreau explained that the building is 28’x 60’; however, 30’ of it is enclosed and heated. The building was a pole barn and then half of it was enclosed. Mrs. Favreau told the Board that she and her husband should go for the business to allow employees and not limit themselves, and asked if her husband decided to move a machine in there in the next month or so and run it himself, if this would be allowed. Chairman Silverman said that this would be a Home Occupation and he doesn’t see anything harmful about it. Mac asked what the size of their property was and Mrs. Favreau said it is 65 acres. Joan McLaughlin clarified her understanding that this business would start as
a Home Occupation and expand to a Home Business at a later date. Mr. Favreau said that he does not have any formal plans at this time. Chairman Silverman told Mr. Favreau that he sees this as a doable thing either way noting that there are no Special Exceptions needed or anything like that, although he would stipulate that machine oil be in proper containers. Mr. Favreau acknowledged this.
Chairman Silverman moved that Darnell Favreau’s proposed machine shop as presently conceived is allowable as a Home Occupation under Section 127-14 of the Land Use Regulations and does not require Site Plan Review, but any expansion beyond one employee would require Mr. Favreau to come back before the Planning Board for a Site Plan Review. Carlotta Lilback Pini seconded. A unanimous vote in favor of the motion was taken.
8:15 p.m. Gary Boutin proposes opening a metal recycling center at property located at 218 NH RT 12 North, Tax Map 15; Lot 26 located in the Light Industrial District – Mr. Boutin did not appear for this appointment.
Administrative Work
Ø Review and approve meeting minutes from February 17, 2004 – Carlotta Lilback Pini moved to approve the minutes of February 17, 2004 as written. Joan McLaughlin seconded. A unanimous vote in favor of the motion was taken.
Ø Review application received from the New Hampshire Department of Motor Vehicles for Dealer-Retail Vehicle submitted by Gearheads USA LLC, to operate at 1005 RT 12 South, Map 4; Lot 67 in the Rural District – Chairman Silverman read aloud the information on this application which has been submitted by Bruce Knight. Mr. Knight is leasing space from the property owner; Gus Crocker, to sell trucks. Chairman Silverman told the Board that Mr. Crocker runs State Line Truck Service and he is approved to do truck repair work and conduct tractor trailer truck sales. Chairman Silverman reviewed Margo’s notes regarding other uses that were looked into over the
past few years, although none of them were pursued. Chairman Silverman asked the Board if they wanted this to go through Site Plan Review. The Board discussed that this business is in an existing building on the same existing lot, and it is the same type of business currently being conducted. Several Board members noted that a different use should require Site Plan Review. Chairman Silverman went through the questions on the application from the Department of Motor Vehicles before them, and the Board agreed unanimously to approve Gearheads USA LLC for heavy vehicle sales.
Ø Discuss Master Plan Update – No discussion
Correspondence
Ø Zoning Board of Adjustment Notice of Decision (February 2004) - Reviewed
Ø Public Hearing Notices from the Town of Winchendon - Reviewed
Ø “Mud Matters” Workshop re: EPA permits that are required for construction projects – Margo told the Board that she would be attending this workshop in Keene.
Ø Stormwater Symposium Phase II: “How to Do it All” to be held in Milford, Mass. On March 24, 2004 - Reviewed
Ø Information from the United States Environmental Protection Agency re: new Federal requirements dealing with storm water and construction activity – To be reviewed at the Board’s leisure.
Ø Winter 2004 issue of Connecticut River Valley News – To be reviewed at the Board’s leisure.
Margo told the Board that Paul Grasewicz will be attending the DES Advanced Session Workshop to be held in Concord later this month and that she was considering attending the Basic Session. Margo noted that Jeanne Sable from the Conservation Commission expressed an interest in attending also. There is no fee to attend this workshop. The Board told Margo to attend if she wanted to. Additionally, Margo told the Board that Paul is planning to attend the Office of State Planning’s Annual Spring Conference as well. The agenda and track sessions to be offered are still not available at this time.
Wetlands/DES – Margo told the Board that she received a call from DES this afternoon regarding the Seppala application before them. DES was seeking a contact for the Conservation Commission which Margo provided. Margo said that she learned that the request from the Conservation Commission for the 40-day extension to review the application was denied because DES did not receive it within 14 days from the date that the Town Clerk accepted the application. Margo explained to the Board that depending on when the application is accepted by the Town Clerk, the Conservation Commission may not have time to request an extension to review the application. DES suggested utilizing some kind of standard form letter for the Town Clerk whenever she receives such an application to ensure that the Conservation Commission has a
chance to review it.
With their being no further business, Chairman Silverman adjourned the meeting at 8:45 p.m.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use Boards
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