Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Mac Landy, John Tommila, Jason Hill and Tom Parker, Selectmen’s representative.
Others present: Carlotta Pini, alternate, Nancy Carney, Deputy Fire Chief, and Barbara Green, Co-chair of the Conservation Commission
Call to Order: The meeting was called to order at 7:05 p.m.
Wetlands hearing: Robert Edry wetlands application to construct a timber bridge over Priest Brook off Templeton Turnpike to access property beyond the brook, Map 7, Lot 24, Rural District.
Mr.Corwin and Mr. Edry attended. Silverman asked the status of a possible conservation easement. Mr. Corwin said there was none; he gave the Board a copy of a letter he had written to the Wetlands Board. Silverman asked what kind of livestock would be on the property and he said there would be no livestock. [The application to DES states the bridge is “to move livestock and loads of timber across…”] Silverman asked if there would be stumping and Mr. Corwin said no. When asked if there would be 2-3 trucks entering or leaving the property per day, Mr. Corwin said yes, during timbering, which would last about 2-4 weeks at a time when the ground is dry (summer) or frozen (winter). Silverman asked what the impact would be on Number 4 Road. Mr. Corwin
said 2-3 trucks per day for 2-4 weeks twice a year wouldn’t have much of an impact. He didn’t anticipate more than one operation in a season.
Parker asked to review the bridge engineering plans.
Silverman asked about a plan to manage soil and substrate during construction. Mr. Corwin said there would not be much soil removed because one existing abutment will be used on the east side of the brook and a new one would be placed on the west side. They will pull soil away from the water to insure the brook remains free of sediment.
Silverman asked how high above flood height the bottom of the bridge was. Mr. Corwin estimated two feet, noting that there was a spillway to alleviate flooding.
Silverman asked Richard Brackett if he had any comment. Mr. Edry asked his qualifications. Mr. Brackett is a master’s degree candidate at Antioch in the environmental studies program and is employed part time at Southwest Regional Planning Commission. His comments are attached and part of these minutes. He said he’s identified three species listed as ‘of concern’ in the NH Wildlife Action Plan. His concern about the bridge as designed is that it does not span both banks to reduce habitat degradation. He’d like to see both banks exposed for animal traffic, adding that curbing on the bridge is a death trap for turtles. Mr. Corwin said leaving the banks exposed was not feasible – his plan keeps the banks as clean as possible, with one side being very
stony and the other less stony with moss. Gray asked if the waste blocks called for in the plans will create a barrier to animal traffic.
Referring to 127-16.1 D. (c) of the Land Use Ordinance, Haynes asked Mr. Corwin and Mr. Edry to explain why there was no reasonable alternative site for the crossing that didn’t impact wetlands. Mr. Edry said the only legal access was where it’s shown on the plans – it is the only section with road frontage. Silverman asked if he had explored an easement over neighboring property to eliminate the wetlands crossing. Mr. Edry said no because the neighbors are hostile to the project.
Mr. Bracket noted that Priest Brook is a tributary of the Millers River, which is marked for restoration as an Atlantic salmon habitat. Mr. Edry asked if he was familiar with the NRCS. Mr. Brackett said he was, but they are concerned about forestry issues, not wildlife protection. He cited research on animal habitats by several organizations.
Mr. Corwin said rip rap was not going in the spillway, but is there to shore up the banks of the spillway, adding that the spillway was designed to minimize the impact of the bridge. Mr. Brackett voiced some concern about the bridge abutments too.
Silverman asked what Mr. Edry’s intent was for the property. He said it’s the same now as it was when he bought the property, adding he had consulted with Paul Grasewicz at the time and was assured there wouldn’t be any problems. Silverman asked about the grant for the bridge mentioned at the previous meeting. It is from the Cheshire County NRCS and Mr. Edry suggested talking with Debra Weymouth about it. They have submitted an application to DES Wetlands Bureau.
Mr. Corwin suggested the Board act on the application tonight since he’d like to begin building the bridge during the dry season. Silverman said the Board would like to comment on the application to the Wetlands Bureau and to hear what their disposition is before acting, adding he was still concerned about future development on the property. Mr. Corwin referred to his letter to the Wetlands Bureau. Silverman said his concern stems from the fact that the road can’t handle a large scale timber operation or development.
Silverman moved, Landy seconded and the Board voted to continue the hearing to a date and time after the Board has had a chance to comment to DES and heard their disposition.
Gray asked if there was any further comment from the audience. Hearing none, the Board voted in the affirmative for the continuance. A letter to DES will be sent as soon as possible.
Wetlands hearing: Ewa Duz seeks~conditional use approval per 127-16.1.D.(4) for an intermittent stream crossing associated with~driveway construction off Bowkerville Road. Map 18, Lot 1, Rural District.
Silverman moved, Haynes seconded and the Board accepted the application as complete.
Kevin Horgan, Graz Engineering, represented the owner and presented the plan. He said the crossing as designed was at the narrowest part of the ditch, which has water in it in the spring
and is usually dry other times of the year. Further down the land becomes wetter and becomes upland beyond that point. Two 15 inch culverts will be used and water will flow south from culverts into culvert that crosses under an existing old quarry road. Approved erosion control measures will use staked hay bales and silt fencing.
Silverman read a memo from Paul Kotila, Conservation Commission chairman, noting that the Commission had no concerns about the Duz driveway project.
Silverman moved, Haynes seconded and the Board approved conditional use under Land Use Ordinance Section 127-16.1 D.(b) (2), after finding the proposed activity complied with all necessary criteria cited in 127-16.1 D.(4).
Minutes: The Board reviewed the minutes of the May 20, 2008 meeting. Haynes moved, Gray seconded and the Board approved the minutes as written.
Appointment: Tom Ordway to discuss the neighboring timbering operation.
Mr. and Mrs. Ordway stated their concerns about the Shoufler timbering operation next door. Mr. and Mrs. Shoufler stated their concerns about continuing the operation on their farm.
Silverman told both parties the Board considers this operation a commercial business, and as such will require a site plan review. The Board will do a site walk of the property on June 30, 2008 at 4PM. A public hearing will be held on July 1, 2008 at 7PM, at which various issues, including but not limited to days and hours of operation and location of wood processor will be considered.
Wetlands hearing: Filipi Contracting, LLC seeks conditional use approval per 127-16.1.D.(4) for an intermittent stream crossing associated with proposed roadway construction and buffer zone work off Upper Troy Road, Map-15, Lot-6, Residential, Rural and Historic Districts.
Kevin Horgan, Graz Engineering, and Steve Filipi presented the plan. Silverman moved, Haynes seconded and the Board accepted the application as complete.
Landy asked if there had been any changes to the plan since the Board last saw it. Mr. Filipi pointed out changes recommended by DES during their review of the plan. Diversion of runoff water was changed near the entrance of the road and a wetlands replacement area was moved adjacent to existing wetlands.
Several abutters, including Ann LaFond, Michele Buonomano and Nancy Roehl reviewed the plan. Another person, Lisa Jacobs, expressed her concerns about the road placement and wetlands protection. Silverman assured Ms. Jacobs that the road placement was debated and deliberated during the eighteen month long subdivision review process and it was decided that
the current placement was best for the land. He said this hearing is about a wetlands crossing.
The Conservation Commission wrote that their major concern was that there will be considerable excavation and replacement of soil and other material during construction of wetlands crossing. They said successful implementation of the wetland mitigation plan and appropriate BMPs for construction should minimize any long term wetland impacts. Mr. Horgan said erosion control plans call for silt fencing and staked hay bales. Mr. Filipi said clearing and necessary stumping will be done during dry season and a berm will be constructed and silt fencing installed immediately. Several processes will be conducted simultaneously to prevent erosion and sedimentation. The project will be monitored daily to prevent day to day erosion.
Silverman reminded everyone that it will be a shock when construction starts, but the road will be much better now with curbs in the plan rather than ditches. Mr. Brackett asked about the curbing material. Mr. Filipi said there would be paved curbing, which Mr. Brackett said was better for wildlife passage than granite curbing with its 90 degree angles.
Silverman asked if there were other comments. Ms. Jacobs said she felt like she hadn’t been allowed to speak. Silverman said this hearing is about a wetlands crossing and Ms. Jacobs was talking about overall design changes. Ms. Jacobs asked if DES had signed off on the plan. Silverman responded that the Planning Board approval is conditioned on DES issuing an Alteration of Terrain Permit and approving the wetlands crossing. Ms. Jacobs then said she planned to advocate against this application with DES in Concord.
Mr. Tommila questioned whether a resident of Massachusetts should be allowed to speak at a Fitzwilliam hearing. Silverman said the Board allows anyone to speak with the Board. Ms. Jacobs said she was a resident of Fitzwilliam.
Silverman read the criteria for approving conditional use under 127-16.1 D.(4). Silverman moved, Landy seconded and the Board approved conditional use under 127-16.1 D.(b)(2).
Mr. Filipi delivered a copy of the draft option agreement with the Fitzwilliam Water District. It will be reviewed by the town attorney for the case. Mr. Bequaert has a copy for the Water District.
Mr. Filipi reported that Charlie Massin said there is no insurance product to cover catastrophic failure of infrastructure. Mr. Filipi reiterated his opinion that a bonding agreement wouldn’t cover it either.
Silverman moved, Haynes seconded and the Board voted to continue the public hearing on the Filipi subdivision on July 1, 2008 at 8 PM.
Preliminary consultation: Attorney Little to discuss resolution of ownership of property located on Templeton Turnpike, Map 7, Lot 40.
Mr. Little said there is no record of a deed to that property (Map 7, Lot 40). He asked the Board if they would consider a boundary line adjustment that recognized the current owner’s squatters’ rights, limiting the amount of land in his possession. He added that the owner of Lot 41 would like to subdivide his land but can’t proceed without boundary delineation.
The Board agreed that this was not a proper issue for them to consider and suggested Mr. Little pursue the issue in the courts.
Selectmen’s report: Mr. Parker said he had a list of all Fitzwilliam properties valued at more than $45,500 with buildings on them. It can serve as a starting point for determining an inventory of affordable housing. Silverman suggested talking with SWRPC to see if this kind of information helps to establish an inventory.
Mr. Parker reported that the town has issued almost all individual building permits for the year.
Silverman moved, Haynes seconded and the Board voted to adjourn at 9:15 PM.
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