Planning Board
Meeting Minutes
June 1, 2004
Members present: Terry Silverman; Chairman, Paul Grasewicz; Vice-Chairman, Robin Haynes, Carlotta Lilback Pini and Macreay Landy
Members absent: Suzanne Gray
Selectmen present: Andrew Clukey
Katie Metzger from the Conservation Commission was also present.
Chairman Silverman opened the meeting at 7:00 p.m.
PUBLIC HEARINGS
7:30 p.m. CONTINUED PUBLIC HEARING for Amy Calandra for a Minor Site Plan Review to allow a mini warehouse on property located on NH RT 12 South, Tax Map 12; Lot 7-2 in the General Industrial District. – Chairman Silverman opened this continued public hearing at 7:31 p.m. and read the case title aloud. Paul Grasewicz recused himself from the Board. Amy Calandra was present.
Chairman Silverman stated that a site walk was conducted on May 25, 2004 and it was noted that Carlotta, Mac, Paul and Suzanne Gray were present. Members of the Conservation Commission present included Carmen Yon, Eleanor VanderHagen and Jeanne Sable. Suzanne filed a letter with regards to this application for tonight’s continued hearing since she was unable to attend this evening. Chairman Silverman asked Carlotta if she had any observations and Carlotta said that it appears that wetlands are surrounding this whole parcel, and they are proposing to pave around the metal building, and she does not feel really good about it. Chairman Silverman asked Mac if he any comments and Mac said that he shares similar concerns and questioned if there is a way to be sure that they
can dissipate all of the area with the amount of water there and rain that will fall. Chairman Silverman read aloud Suzanne’s letter which summarized that she felt this proposal would have a detrimental impact to the wetlands and she feels that the Planning Board should not approve the building plans as submitted.
Chairman Silverman stated that he was not present at the site walk but it appears that the wetlands are a concern and he thinks that this would be exacerbated during construction. Mrs. Metzger stated that she spoke with Conservation Commission member Carmen Yon and he said that there should be a Wetlands Application Public Hearing. Mrs. Metzger then asked if the Conservation Commission submitted a report. Margo provided Chairman Silverman with the Wetlands Application that had been filed and Chairman Silverman read the applicable information. The Conservation Commission has indicated that wetlands would be affected and referred the application to the Planning Board. Their note reads that this site seems marginal for the proposed building and driveway; however they do
not see an alternative that they could suggest. Chairman Silverman noted that a Wetlands Hearing is required and the application has been submitted.
Chairman Silverman asked if there was anything further with regards to this application at this time. Paul said that he just wanted to state that there are two issues relative to constructing near wetlands; first is that the water continues to go in the same directions that it would before and after development, and in this case it would and there certainly wouldn’t be any decrease to any of these wetlands areas with deposit change in the hydrology so as to remove the hydrological source so the water would be getting there; secondly, the proposed use although it is an industrial district, is not going to be an industrial classification in that there is not going to be any outdoor storage of vehicles, equipment, material and the like; it is simply a
building with an access around it. Paul continued and said that the second issue as far as wetlands goes relative to construction is the loss of wetlands, and he stated that if construction was done properly and was monitored as part of any conditions, if during construction any wetlands were adversely affected or accidentally filled during construction, it would have to be replaced. Paul said that he has a record of every wetlands flag out there and the wetlands lines are what they are so any impact to the wetlands would have to be corrected. They are not proposing any work in the wetlands and they are not proposing to lose any wetlands, but they are proposing to work relatively close to wetlands by nature of the site.
Robin asked if there was any possibility of not paving. Paul said that there is and Amy added that since the site walk they have actually pulled the building in an additional 10’ knowing that they were concerned about wetlands, so the building would be 30’ wide instead of 40’ which will still serve her purpose. Amy told the Board that if they do not want the driveway paved then it would not be paved. Paul added that if the driveway is not paved then it would be beneficial to take the roof run off and probably bring that down at each end into a dry well so that there would not be concentrated flow coming off of the roof onto the gravel surface, because that would cause a problem. Amy noted that paving would prevent the chance of erosion and Paul
told her that that they could have a gravel drive and utilize gutters and roof leaders.
Amy mentioned other pending contracts for this property and said that she does not know what they are proposing but this is in an industrial zone and a lot of different things could fall within that. Amy also told the Board that she recently had an uncomfortable experience with an unknown person that was just parked at the site while she was while waiting to meet with someone, so she thinks that she may have to forgo the cupolas and have a security gate installed instead.
Mac and Carlotta mentioned that they find it difficult to imagine an excavator going into the property and not damaging anything, and Mac added that they do not have anyone to monitor the construction activity that takes place. Additionally it was noted that although the width of the building was lessened by 10’ which helps with the closeness of the back left corner to the wetlands, the building is 20’ longer. Paul added that after the tree cutting is done, they would set erosion control measures into place and they would need to be maintained properly. It was clarified that the drive around the building would be 25’ wide. Robin said that she felt that gravel made more sense than pavement.
Chairman Silverman moved to continue this public hearing to June 15, 2004 after the Wetlands Public Hearing. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.
Preliminary Consultations
7:05 p.m. Harold Gordon proposes to convert a portion of the first floor into living space at property located at 22 NH RT 119 West, Tax Map 34; Lot 06 located in the Village Center Business and Historic Overlay Districts – Mr. Gordon introduced himself to the Board noting that he recently moved here and is interested in purchasing this property. Mr. Gordon explained that he would like to set up a living facility in the rear of the first floor, keep the antiques shop in the front of the first floor as it has been, and keep the second floor as an apartment to be rented out also as it has been. Mr. Gordon noted that the second floor is more space than he needs and he understands that the septic system may need to be upgraded to accommodate an additional living unit. The Board clarified
that this would be a combined antiques shop and living space. Mr. Gordon added that the antiques shop would have limited hours.
Chairman Silverman referred to Section 127-9 C. of the Land Use Regulations and explained to Mr. Gordon that a 2-family dwelling in the Village Center Business District requires a Special Exception from the Zoning Board of Adjustment. Additionally, Chairman Silverman explained that a kitchen is what creates a living space and septic system loads are determined by the number of bedrooms.
Mr. Gordon questioned if he would need to have a new septic system in place in order to meet with the Zoning Board of Adjustment and Chairman Silverman said that he would only need to have a plan in place. Paul questioned if a Special Exception had been granted previously for this property for a combined business and dwelling noting that it would be lost after a certain amount of time if the use was not continued. Mr. Gordon said the building was vacated within the last few weeks and he did not know about prior approvals. Mr. Gordon thanked the Board.
7:15 p.m. John & Laura Eddy propose subdividing two lots off of property located at 763 Templeton Turnpike, Tax Map 3; Lot 30 located in the Rural District – Laura Eddy was present.
Mrs. Eddy told the Board that she and her husband are proposing a three lot subdivision with one lot being where they currently reside and the other two being 12 to 13 acre lots. The road is paved to the edge of this property and then it turns to dirt.
Chairman Silverman asked if any Board members had an opportunity to go this site and look at the area, road condition, etc. Paul went and said that the road appears to be better than it used to be. He added that he feels that the whole area is still substandard although the impact of one or two dwellings may not be bad, but more could be. Carlotta drove by and said that she didn’t observe anything negative. Robin asked about emergency vehicles and which way they come from to get to this area. Selectman Clukey said that they could come from either way and Mrs. Eddy said that they would most likely come from Sandy Hollow Road.
Chairman Silverman said that the question before them is do they want to open the area up for future subdivision. Carlotta said that she feels that three lots is pretty simple. Mrs. Eddy stated that she agrees with that. Chairman Silverman asked the Board if the determination at this time is that this proposal is not a scattered and premature subdivision. Mac said that he still questions this. Mrs. Metzger asked Chairman Silverman if there are any wetlands issues with this property and Mr. Silverman said that he didn’t believe so and Robin noted that it is all upland. Carlotta clarified that this is a Class 5 road. Mac noted that if this area was opened up to development then there could be a need to improve the road. Carlotta said that the road is no
worse than Rhododendron Road. Chairman Silverman said that it is his understanding that the road is not slated for improvement and it is only on a maintenance schedule. Robin questioned the nearest water source in the event of fire and Selectman Clukey said that there is a river nearby.
Mac questioned what other undeveloped properties were in the area. Selectman Clukey mentioned other parcels in the area, one being 10 acres, another at 60 acres and also a large parcel containing approximately 240 acres with some frontage. At the further end of the road there is another 100 acre parcel. Mrs. Eddy said that the river prevents development on that side of the road.
Carlotta said that this proposal is to create two new lots out of a 42 acre piece of property and she feels that this is reasonable. Mac stated that subdivision of this property had previously been ruled as scattered and premature. Carlotta noted that that ruling was for eight lots, a major subdivision, not three lots which is what is being proposed now and is a minor subdivision, and Mac stated that it was ruled for subdivision.
Chairman Silverman asked the Board to vote on this proposal and moved that subdivision of this parcel is determined to be scattered and premature under the Subdivision Regulations, Chapter 221-23. Macreay Landy seconded the motion. Chairman Silverman asked for any further discussion. There was none. Chairman Silverman asked for a vote on the motion. The Board voted 3 in favor of the motion, 2 opposed and 1 abstention. The motion carried.
Chairman Silverman explained to Mrs. Eddy that the Board has determined that a subdivision would be scattered and premature at this time. Mrs. Eddy clarified that this means that a subdivision would not be approved and Mr. Silverman said that was correct. Chairman Silverman told Mrs. Eddy that she could appeal this decision and she needs to see Margo during open hours for the application to do this.
7:45 p.m. Jason Hill proposes to subdivide one lot off of property located at 35 Crane Road, Tax Map 8; Lot 24 located in the Rural District – Jason Hill was present. Paul recused himself from the Board. Mrs. Metzger asked if there were any wetlands issues with regards to this and Chairman Silverman told her that there is actually as he has seen the map once before.
Paul explained that Jason and Donna own 106 acres on Crane Road and what they would like to do is subdivide one lot off of this on the opposite side of Crane Road. There is no remaining legal road frontage for access from Crane Road since that access went away when the road was discontinued. Chairman Silverman asked when the access from Crane Road went away and Jason noted that the road was discontinued in 1919. Selectwoman Susan Silverman confirmed that Crane Road is a discontinued road and Paul added that it is not subject to gates and bars. Paul continued and explained that what Jason is seeking to do is obtain legal road frontage and create a new lot with a boundary line adjustment getting the frontage from Rt. 12 from Lewis Dunton to create this 7.9 acre lot for
a dwelling.
Chairman Silverman asked if Jason if he could gain access from Rt. 12 and Jason said that there is a driveway; a curb cut, below another driveway but he wanted to use the common driveway so that he would be able to go right across the road to get to his step-mother to take care of her. Jason pointed out the location of his house on the plan as well as the proposed location for the new dwelling for his mother. Chairman Silverman asked when Jason’s home was built and Jason said that it built in 2000. Carlotta confirmed that Jason’s house was built on Lot 24-1 without legal frontage, and asked how he obtained a building permit. Jason said that he signed a waiver and Selectwoman Susan Silverman stated that the Board of Selectmen has never
received a waiver from him. Jason said that this is what they are going through now and he knows that he signed one but it doesn’t matter as he would sign another one. Mrs. Silverman stated that the Board of Selectmen needs this signed waiver. Mrs. Silverman explained to the Board that there are some circumstances where if someone is willing to sign a waiver for access in terms of fire vehicles, etc., then permits are issued. Carlotta then clarified that Crane Road is a private road. Carlotta stated that she thought that the Selectmen set a policy regarding this and Mrs. Silverman said that she was not on the Board when this happened and the policy pertains to Class 6 roads. Paul said that this is essentially the same, they are not looking for frontage on a Class 6 or private road, they are looking for frontage on Class 1 highway, but it is essentially the same as a common driveway as there is nothing that requires them to access the lot across their frontage.
Robin asked about future development and Paul said that there couldn’t be any. Jason said that all of the property is staying in his name and unfortunately after his mother’s trailer was brought in they found out about the law that says that there can only be one dwelling on a single lot so he has to be able to divide his lot in order to do this. Mrs. Silverman asked where the trailer was currently and Jason pointed this out on the plan as well as where the proposed dwelling site is. Mrs. Silverman confirmed that the trailer is currently on his land.
Mac clarified that Jason is planning to have land along Rt. 12 conveyed to him to provide frontage, which would not be accessed to get to the new lot as access is proposed from Crane Road. Chairman Silverman questioned if there is a precedent in town for not using frontage and granting building permits. Paul said that they did it on Rt. 119 for Donlon’s back lot. Mac said that that was a common driveway. Paul noted another house on Fullam Hill Road and said that they have legal frontage. Mrs. Silverman clarified that they have a common driveway and the legal frontage was used for that.
Robin said that she immediately thought of future development with all of the land here and because he would have access. Paul said that it is not feasible to further develop this. Mrs. Silverman questioned why and Paul said they couldn’t go anywhere with it because of the length restrictions in the subdivision regulations. The Board asked Jason why he wouldn’t use the frontage he is obtaining for access to the new lot and Jason said that the other access is already there; and if he ever wanted to put a road in he’d put it in the back where the old road base already is.
Robin clarified that Jason obtained a building permit to put his house in, but did not obtain a driveway permit. Jason said that he did not need a driveway permit because the road was already there, but he did get one to make people happy. Chairman Silverman questioned if they would be creating a buildable lot if this went through, noting that this would not meet the criteria for a buildable lot. Mrs. Silverman stated that someone gave him a building permit for his existing house, and now he is asking for another one to go on the opposite side of the road. Mrs. Silverman questioned if the lot line adjustment had proceeded and Paul said that this application is for both a lot line adjustment and a minor subdivision, to be done together. Robin asked if
Jason could have a driveway at the frontage to be obtained on Rt. 12 because of the wetlands. Paul said that he would have to apply for that but Jason has no desire to do this as there is already a nice road there that is well maintained and currently utilized by four dwellings. Mac noted that by doing this they would be opening up this whole area for development and Paul said that that is not the case because there would be no frontage, and doing this will create only one new lot. Carlotta noted that the problem is granting a building permit for a lot without the required frontage in the first place to which Paul said that the proposed lot would have the area, 7.9 acres, and plenty of frontage to which Carlotta and Robin noted was not the original plot. Robin asked Jason if he brought the trailer in thinking that they would approve this to which Jason then explained that he had spoken with a previous Selectman who had helped him at the time that he was putting his own house in,
who told him at that time that as long as he kept it in his name, he could have another dwelling for a family member on his property. Jason continued and said that after he did this, all this came down that there could not be more than one dwelling on a parcel. Robin stated that that has been the policy for years. Jason said that he asked about this when he put his house in and he was told that it would be fine. Mrs. Silverman clarified that this did not occur during a Selectmen’s meeting to which Jason said that it did not. Jason said that he is now trying to correct this. Robin clarified that he brought the trailer in there thinking that he could and Jason explained the work that was being done to the trailer such as widening the hallways to make this wheelchair accessible before it could even go on the other lot, and added that if this doesn’t go through then he would take it up to Maine where he has some other land and use it for a camp.
Robin said that she would be curious to see if there are other properties in town that do not use their frontage and Carlotta said that there are. Chairman Silverman added that it is not so much whether there are or not, it is a matter of did the Board create them, as they are charged with this and do not want to exacerbate that situation. There was a brief discussion about other lots that they created that didn’t have the required frontage, however they used a common driveway, and this proposal calls for adding another car to a private road that the town does not maintain. Mrs. Silverman stated that she has a concern that they still do not have a signed waiver for a house that has been there for four years.
Robin clarified that no one was living in the trailer currently. There was then some discussion about private roads and the ownership of which goes to the abutters, and Paul noted that although the town discontinued the road, the owners on that road still have the legal right to utilize it for their own access. Chairman Silverman noted that this does not necessarily mean for a buildable lot though, noting that the road was not discontinued during Jason’s ownership. Chairman Silverman added that denial of this would not be a taking of his property because he is using his property. Chairman Silverman asked the Board if they want to conduct a site walk if Jason decides to continue with this. The Board did not feel that this was necessary.
Chairman Silverman moved that the proposed subdivision and lot line adjustment presented by Jason Hill does not meet the criteria for making this a buildable lot since he is not using his frontage access for that purpose as the proposed access would be from a private road. Carlotta Lilback Pini seconded. Chairman Silverman asked for further discussion to which there was none. A unanimous vote in favor of the motion was taken.
Paul told Jason to submit the completed application and let the Board deny it so that he could appeal their decision.
Administrative Work
Ø Review and approve meeting minutes from May 18, 2004 - Robin changed the second sentence in the first paragraph to read, “Additionally, the sight distance from the road”, rather than the view from the road. Paul made a change to the last sentence in paragraph three on page one, adding “deter” to its flow. Again on page three, first sentence of the third paragraph under Steve Filipi’s public hearing, with regards to wetlands, Paul said that they were conservatively “flagged” rather than surveyed. In the first sentence of the next paragraph on page three Paul said that “meet the criteria with the site view”
should read “sight distance”.
Robin Haynes moved to accept the minutes as corrected. Macreay Landy seconded. A unanimous vote in favor of the motion was taken.
Ø Discuss Master Plan Update – Chairman Silverman told the Board that he has not finished the departments that he has to update.
Ø Review Plot Plan submitted by Roy Bros. Oil & Propane for their modified Site Plan Review – The Board reviewed the new plan submitted and Chairman Silverman explained that it is his understanding that Roy Bros has a 50’ second access as requested by the Fire Department which would allow them to get to either side of the propane tanks in the event of an emergency. Carlotta asked if the new access would be one-way or two-way, and Chairman Silverman said that it would be two-way like the other access and they have obtained State approval. The number of trucks going to the facility would not change. Margo noted that Bob Cote dropped off the plan and
paperwork he received from the State for the dry hydrant application which was forwarded to the Fire Department as they are looking into this and assisting with the process.
Correspondence
Ø Notice of Decision issued by the Zoning Board of Adjustment (May 2004) - Reviewed
Ø Copies of letters sent by the Board of Selectmen - Reviewed
Ø Invitation to the SWRPC Annual Dinner Meeting to be held on Tuesday, June 15, 2004. RSVP by Monday, June 7, 2004 -The Board is unable to attend as this is meeting night for them.
Ø Notices of Decision issued by the Town of Winchendon - Reviewed
Margo told the Board that they have received a letter from Mace and MaryAnn Wenniger stating that they wish to withdraw the subdivision application they previously submitted as they are going to file a new application for an additional lot.
Macreay Landy moved to accept the letter of resignation for the two lot subdivision submitted by Mace and MaryAnn Wenniger. Terry Silverman seconded. A unanimous vote in favor of the motion was taken.
Mac reported to the Board that the Adaptive Use Conference that the Monadnock Economic Development Commission held recently was very successful and he noted that Margo did a great job as one of the panelists and gave an informative presentation.
Chairman Silverman told the Board that he has spoken with Attorney Bassett about obtaining some advice with regards to the bonding issue with Saga Communications for the radio tower as they are getting ready to start construction. The Board needs to review the verbiage used for placement and reconcile any difference in the wording as the Board approved the location as indicated on the map which needs to be stated, even if this was not specified verbally at the time.
Carlotta mentioned that a Fiberoptics company (The Mertin Group) has been contacting towns all around us about cable and wireless service. She thought that perhaps the Selectmen might want to look into this for Fitzwilliam. Currently, this company is conducting feasibility studies for density (places to lay the cable), and then outer areas would get the wireless. Carlotta explained that this company is putting up 80% of the funding which would leave 20% to be funded by the town. Carlotta added that the Town of Rindge did a survey regarding this.
Chairman Silverman adjourned the meeting at 8:35 p.m.
Respectfully submitted,
Margo M. Best
Administrative Assistant
Land Use Boards
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