Planning Board Minutes
June 19, 2009
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Mac Landy, Jason Hill, John Tommila and Carmen Yon, Selectmen’s representative.
Others present: Alternates Carlotta Pini and Paul Grasewicz, Nancy Carney, Deputy Fire Chief, Susan Silverman, Selectman
Call to Order: 7:05 PM
Public hearing: Brian Foucher for WiValley application to install a wireless repeater attached to the steeple of the Fitzwilliam Town Hall to expand its broadband wireless coverage to the town buildings and immediate downtown area, located on Map 32, Lot 51, Residential and Historic Districts.
Mr. Foucher was present to follow-up on a meeting with the Selectmen. He did not have an application to present to the Board at this time. The Selectmen will need a lease agreement and he will schedule a time to conduct testing in the steeple to ascertain signal strength and reach and to determine what, if any, of the equipment is visible. He noted that the Board is waiting on information from Mark Hutchins, RF engineer, regarding aspects of the application.
Silverman said that the Board received a memo from the town attorney indicating that an application should be filed under 127-16.2 since it applies to wireless communications towers and antennas and bell steeples are an alternative tower structure referred to in the ordinance. (Town Hall steeple becomes an alternative tower structure.) Mr. Hoppock feels waivers for location outside the WCFOD and for location in the Historic District are justified, according to the Board’s criteria for waivers.
Silverman said access to the building should not be a problem, since other outside vendors have access to the building. The two areas that need security, are secured by alarm systems, leaving the rest of the building accessible. He added that town liability coverage should cover all who use the building, including the bell tower.
Richard Dwinell, town resident, asked about the terms of the agreement with the Selectmen. Silverman said there is no agreement so far, the process is just starting. Mr. Dwinell said that as a taxpayer, he had a right to know if there will be a monetary compensation for use of the steeple, adding that he wants to see the town make money if WiValley is making money and that revenue from this installation should go to the town to lower taxes.
Yon suggested WiValley should go to the Historic District Commission as a courtesy. Silverman said WiValley will do that.
Pini said that Rindge has a repeater in their town hall steeple and the town has an agreement with the provider to exchange rent for providing the municipal building with service at no cost.
Mr. Dwinell said he feels that allowing the repeater in town hall is opening a can of worms in that other providers may want to use the steeple too, and using the steeple for a repeater opens the town up to additional liability, for instance for lightening strikes. Mr. Foucher told him that WiValley carries a million dollar liability insurance plan for every property they serve. Mr. Dwinell said he wants the liability to cover the cost of replacing the building if necessary. Silverman asked Mr. Dwinell to put his thoughts in writing for the Board, and asked Mr. Foucher if the equipment would increase the likelihood of lightening strikes or other liability. Mr. Foucher said no, the equipment prevents lightening from going to ground.
Yon clarified that Mr. Hoppock advised the WiValley go through the application process under 127-16.2 because the town hall is not in the WCFOD. Landy clarified that there was no problem with the building being on the National Historic Trust Register.
Minutes. Hearing no further comments, Silverman moved to a review of minutes of the June 2, 2009 meeting. Haynes noted that a quote from Ed Rogers was missing from the minutes and David Green noted that he had come before the Board to discuss conservation subdivisions as an individual, rather than as a representative of Fitzwilliam Green LLC. Corrections will be made. Haynes moved, Landy seconded and the Board approved the minutes as amended.
Fitzwilliam Inn. Yon referred to a discussion earlier about the Fitzwilliam Inn and asked what the new owner would have to do in order to open for business. Silverman said the Planning Board would do a site plan review, and perhaps a combined meeting with the ZBA could be arranged if the new business needed a special exception to operate in the village business center.
Landy asked if leasing the apartment to someone other than the owner would be allowed. Haynes said it has been done this way in the past. Yon said it would be similar to any other accessory apartment. Silverman said he didn’t see a problem. Landy asked if creating a second leased apartment would be allowed. Silverman said it is still not a change of use. Yon said the septic design might have to be reviewed. Grasewicz said septic systems are designed for a certain flow, regardless of where the flow was coming from, whether from restaurant, residential, B&B or retail use. He estimates that the current septic system has been in place for about 12 years, and it would have been done to current standards then. Tommila suggested that a bank would not do a mortgage without
an approved septic plan.
Nancy Carney said the existing apartment needs to be connected to the fire suppression system and all the rooms need to be hard wired for smoke detectors. Landy wondered if the mixed use anticipated is allowed in the district. Silverman said that at some point if things change too much, a special exception may be needed.
Preliminary consultation: Fitzwilliam Green (David Green) to discuss a two-lot subdivision of property located at 90 Jaffrey Road, Map 15, Lot 52, Rural District.
David Green and Matt Buonomano presented preliminary plans that will divide the 6 acre lot with the Hancock farmhouse on it into two lots, leaving the farmhouse with 3 acres and the other lot with 3 acres. However, they asked the Board if it would consider allowing a natural boundary formed by a culvert and ditch on the property as a boundary line, even though it would mean having only 275 feet of frontage rather than the required 300 feet for one lot.
The Board discussed whether this was, in fact, a lot line adjustment rather than an full subdivision since the owners of the property also own the surrounding property, in which case the boundary line could be the natural ditch line. Mr. Green said they want to keep the second lot as separate rather than merge it with their other properties, to keep flexibility in their options.
Grasewicz said that if they use the ditch, they would need to get a variance from the ZBA for the frontage requirement. It might be hard to prove hardship in this case. Silverman said they would need a variance or have to move the line. Mr. Green said they will move the line.
Preliminary consultation: Paul Grasewicz for Ron Chase, to discuss subdivision of property located on Fullam Hill Road, Map 8, Lot 26, Rural District.
Grasewicz distributed a sketch of the property, noting that the owner wants to further subdivide an existing lot so he can use it personally. The subdivision will create a 13 acre lot and a 52 acre lot. He said the land slopes to the west but he hasn’t walked the back land. Jason Hill said the 13 acre lot is pasture land and the 52 acre lot is forested.
Silverman said he didn’t see any problems with it, others agreed. Grasewicz will bring in an application.
Master Plan Assignments. Suzanne Gray reviewed the work done, including the presentations, saying now its time to put it all together for a writer. She asked members to review their initial area of expertise, the presentations and relevant minutes and come to the work sessions in July and August prepared to present what they’ve gleaned from the presentations. The information will be categorized in three ways: information that can help update the current situation in town, information that belongs in the master plan, and other issues/ideas (a ‘parking lot’) that should be discussed but may not belong in the town’s master plan.
Gray said the Board should decide how to handle the presentations from the ZBA and conservation subdivisions. Silverman said these issues are more zoning development rather than master planning, adding they fit under the “preserving rural character” category. Gray agreed they were about ordinance changes. Yon asked if the essence of the perception of rural character could be defined. Grasewicz said it’s rural when you put a wireless transmitter in town and no one can receive the signal!
Tommila said he was surprised to find that a lot will stay the same, based on what the presenters said. It seemed to him that every department felt not much would change in 10 years.
Preliminary consultation: Roger Keilig to discuss a change of use of State Store located at intersection of Route 119 and Route 12, Map 34, Lot 2-1.
Mr. Keilig said he was before the Board at the suggestion of the Selectmen, with whom he met earlier this month. He said the state liquor commission has decided to close the Fitzwilliam liquor store and the legislature has given them authority to do so. He described the Agency Store concept as being an alternative that sells both alcohol and associated retail items, like beverages and dry goods. The Country Mile in Greenville is such a store and he has talked with the owner of that store. Once the legislature decides if it will allow more agency stores, he will apply to become one. Currently there are three agency stores in NH.
His store is about the right size to make the transition. He is looking to do this as a business venture and not run it himself. He has sent letters trying to interest other kinds of stores in his property but they are not interested, saying there is no market in Fitzwilliam for their kinds of businesses. He believes Route 12 is still a good business corridor.
Silverman said the Board will need to verify that his property is in the general business district, since the map is vague. He thinks the only problem will be changing the signage to conform with the sign ordinance once the new store is determined. He said the Planning Board will do a site plan review if that will help with the state application process.
Mr. Keilig said he would keep the Board informed of progress, adding he didn’t know how long it would take. Silverman said the Board supports having the property used, and if the zoning needs to be changed it can be done at the next town meeting.
With no further business, the Board adjourned at 8:15 PM.
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Mac Landy, Jason Hill, John Tommila and Carmen Yon, Selectmen’s representative.
Others present: Alternates Carlotta Pini and Paul Grasewicz, Nancy Carney, Deputy Fire Chief, Susan Silverman, Selectman
Call to Order: 7:05 PM
Public hearing: Brian Foucher for WiValley application to install a wireless repeater attached to the steeple of the Fitzwilliam Town Hall to expand its broadband wireless coverage to the town buildings and immediate downtown area, located on Map 32, Lot 51, Residential and Historic Districts.
Mr. Foucher was present to follow-up on a meeting with the Selectmen. He did not have an application to present to the Board at this time. The Selectmen will need a lease agreement and he will schedule a time to conduct testing in the steeple to ascertain signal strength and reach and to determine what, if any, of the equipment is visible. He noted that the Board is waiting on information from Mark Hutchins, RF engineer, regarding aspects of the application.
Silverman said that the Board received a memo from the town attorney indicating that an application should be filed under 127-16.2 since it applies to wireless communications towers and antennas and bell steeples are an alternative tower structure referred to in the ordinance. (Town Hall steeple becomes an alternative tower structure.) Mr. Hoppock feels waivers for location outside the WCFOD and for location in the Historic District are justified, according to the Board’s criteria for waivers.
Silverman said access to the building should not be a problem, since other outside vendors have access to the building. The two areas that need security, are secured by alarm systems, leaving the rest of the building accessible. He added that town liability coverage should cover all who use the building, including the bell tower.
Richard Dwinell, town resident, asked about the terms of the agreement with the Selectmen. Silverman said there is no agreement so far, the process is just starting. Mr. Dwinell said that as a taxpayer, he had a right to know if there will be a monetary compensation for use of the steeple, adding that he wants to see the town make money if WiValley is making money and that revenue from this installation should go to the town to lower taxes.
Yon suggested WiValley should go to the Historic District Commission as a courtesy. Silverman said WiValley will do that.
Pini said that Rindge has a repeater in their town hall steeple and the town has an agreement with the provider to exchange rent for providing the municipal building with service at no cost.
Mr. Dwinell said he feels that allowing the repeater in town hall is opening a can of worms in that other providers may want to use the steeple too, and using the steeple for a repeater opens the town up to additional liability, for instance for lightening strikes. Mr. Foucher told him that WiValley carries a million dollar liability insurance plan for every property they serve. Mr. Dwinell said he wants the liability to cover the cost of replacing the building if necessary. Silverman asked Mr. Dwinell to put his thoughts in writing for the Board, and asked Mr. Foucher if the equipment would increase the likelihood of lightening strikes or other liability. Mr. Foucher said no, the equipment prevents lightening from going to ground.
Yon clarified that Mr. Hoppock advised the WiValley go through the application process under 127-16.2 because the town hall is not in the WCFOD. Landy clarified that there was no problem with the building being on the National Historic Trust Register.
Minutes. Hearing no further comments, Silverman moved to a review of minutes of the June 2, 2009 meeting. Haynes noted that a quote from Ed Rogers was missing from the minutes and David Green noted that he had come before the Board to discuss conservation subdivisions as an individual, rather than as a representative of Fitzwilliam Green LLC. Corrections will be made. Haynes moved, Landy seconded and the Board approved the minutes as amended.
Fitzwilliam Inn. Yon referred to a discussion earlier about the Fitzwilliam Inn and asked what the new owner would have to do in order to open for business. Silverman said the Planning Board would do a site plan review, and perhaps a combined meeting with the ZBA could be arranged if the new business needed a special exception to operate in the village business center.
Landy asked if leasing the apartment to someone other than the owner would be allowed. Haynes said it has been done this way in the past. Yon said it would be similar to any other accessory apartment. Silverman said he didn’t see a problem. Landy asked if creating a second leased apartment would be allowed. Silverman said it is still not a change of use. Yon said the septic design might have to be reviewed. Grasewicz said septic systems are designed for a certain flow, regardless of where the flow was coming from, whether from restaurant, residential, B&B or retail use. He estimates that the current septic system has been in place for about 12 years, and it would have been done to current standards then. Tommila suggested that a bank would not do a mortgage without
an approved septic plan.
Nancy Carney said the existing apartment needs to be connected to the fire suppression system and all the rooms need to be hard wired for smoke detectors. Landy wondered if the mixed use anticipated is allowed in the district. Silverman said that at some point if things change too much, a special exception may be needed.
Preliminary consultation: Fitzwilliam Green (David Green) to discuss a two-lot subdivision of property located at 90 Jaffrey Road, Map 15, Lot 52, Rural District.
David Green and Matt Buonomano presented preliminary plans that will divide the 6 acre lot with the Hancock farmhouse on it into two lots, leaving the farmhouse with 3 acres and the other lot with 3 acres. However, they asked the Board if it would consider allowing a natural boundary formed by a culvert and ditch on the property as a boundary line, even though it would mean having only 275 feet of frontage rather than the required 300 feet for one lot.
The Board discussed whether this was, in fact, a lot line adjustment rather than an full subdivision since the owners of the property also own the surrounding property, in which case the boundary line could be the natural ditch line. Mr. Green said they want to keep the second lot as separate rather than merge it with their other properties, to keep flexibility in their options.
Grasewicz said that if they use the ditch, they would need to get a variance from the ZBA for the frontage requirement. It might be hard to prove hardship in this case. Silverman said they would need a variance or have to move the line. Mr. Green said they will move the line.
Preliminary consultation: Paul Grasewicz for Ron Chase, to discuss subdivision of property located on Fullam Hill Road, Map 8, Lot 26, Rural District.
Grasewicz distributed a sketch of the property, noting that the owner wants to further subdivide an existing lot so he can use it personally. The subdivision will create a 13 acre lot and a 52 acre lot. He said the land slopes to the west but he hasn’t walked the back land. Jason Hill said the 13 acre lot is pasture land and the 52 acre lot is forested.
Silverman said he didn’t see any problems with it, others agreed. Grasewicz will bring in an application.
Master Plan Assignments. Suzanne Gray reviewed the work done, including the presentations, saying now its time to put it all together for a writer. She asked members to review their initial area of expertise, the presentations and relevant minutes and come to the work sessions in July and August prepared to present what they’ve gleaned from the presentations. The information will be categorized in three ways: information that can help update the current situation in town, information that belongs in the master plan, and other issues/ideas (a ‘parking lot’) that should be discussed but may not belong in the town’s master plan.
Gray said the Board should decide how to handle the presentations from the ZBA and conservation subdivisions. Silverman said these issues are more zoning development rather than master planning, adding they fit under the “preserving rural character” category. Gray agreed they were about ordinance changes. Yon asked if the essence of the perception of rural character could be defined. Grasewicz said it’s rural when you put a wireless transmitter in town and no one can receive the signal!
Tommila said he was surprised to find that a lot will stay the same, based on what the presenters said. It seemed to him that every department felt not much would change in 10 years.
Preliminary consultation: Roger Keilig to discuss a change of use of State Store located at intersection of Route 119 and Route 12, Map 34, Lot 2-1.
Mr. Keilig said he was before the Board at the suggestion of the Selectmen, with whom he met earlier this month. He said the state liquor commission has decided to close the Fitzwilliam liquor store and the legislature has given them authority to do so. He described the Agency Store concept as being an alternative that sells both alcohol and associated retail items, like beverages and dry goods. The Country Mile in Greenville is such a store and he has talked with the owner of that store. Once the legislature decides if it will allow more agency stores, he will apply to become one. Currently there are three agency stores in NH.
His store is about the right size to make the transition. He is looking to do this as a business venture and not run it himself. He has sent letters trying to interest other kinds of stores in his property but they are not interested, saying there is no market in Fitzwilliam for their kinds of businesses. He believes Route 12 is still a good business corridor.
Silverman said the Board will need to verify that his property is in the general business district, since the map is vague. He thinks the only problem will be changing the signage to conform with the sign ordinance once the new store is determined. He said the Planning Board will do a site plan review if that will help with the state application process.
Mr. Keilig said he would keep the Board informed of progress, adding he didn’t know how long it would take. Silverman said the Board supports having the property used, and if the zoning needs to be changed it can be done at the next town meeting.
With no further business, the Board adjourned at 8:15 PM.
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Mac Landy, Jason Hill, John Tommila and Carmen Yon, Selectmen’s representative.
Others present: Alternates Carlotta Pini and Paul Grasewicz, Nancy Carney, Deputy Fire Chief, Susan Silverman, Selectman
Call to Order: 7:05 PM
Public hearing: Brian Foucher for WiValley application to install a wireless repeater attached to the steeple of the Fitzwilliam Town Hall to expand its broadband wireless coverage to the town buildings and immediate downtown area, located on Map 32, Lot 51, Residential and Historic Districts.
Mr. Foucher was present to follow-up on a meeting with the Selectmen. He did not have an application to present to the Board at this time. The Selectmen will need a lease agreement and he will schedule a time to conduct testing in the steeple to ascertain signal strength and reach and to determine what, if any, of the equipment is visible. He noted that the Board is waiting on information from Mark Hutchins, RF engineer, regarding aspects of the application.
Silverman said that the Board received a memo from the town attorney indicating that an application should be filed under 127-16.2 since it applies to wireless communications towers and antennas and bell steeples are an alternative tower structure referred to in the ordinance. (Town Hall steeple becomes an alternative tower structure.) Mr. Hoppock feels waivers for location outside the WCFOD and for location in the Historic District are justified, according to the Board’s criteria for waivers.
Silverman said access to the building should not be a problem, since other outside vendors have access to the building. The two areas that need security, are secured by alarm systems, leaving the rest of the building accessible. He added that town liability coverage should cover all who use the building, including the bell tower.
Richard Dwinell, town resident, asked about the terms of the agreement with the Selectmen. Silverman said there is no agreement so far, the process is just starting. Mr. Dwinell said that as a taxpayer, he had a right to know if there will be a monetary compensation for use of the steeple, adding that he wants to see the town make money if WiValley is making money and that revenue from this installation should go to the town to lower taxes.
Yon suggested WiValley should go to the Historic District Commission as a courtesy. Silverman said WiValley will do that.
Pini said that Rindge has a repeater in their town hall steeple and the town has an agreement with the provider to exchange rent for providing the municipal building with service at no cost.
Mr. Dwinell said he feels that allowing the repeater in town hall is opening a can of worms in that other providers may want to use the steeple too, and using the steeple for a repeater opens the town up to additional liability, for instance for lightening strikes. Mr. Foucher told him that WiValley carries a million dollar liability insurance plan for every property they serve. Mr. Dwinell said he wants the liability to cover the cost of replacing the building if necessary. Silverman asked Mr. Dwinell to put his thoughts in writing for the Board, and asked Mr. Foucher if the equipment would increase the likelihood of lightening strikes or other liability. Mr. Foucher said no, the equipment prevents lightening from going to ground.
Yon clarified that Mr. Hoppock advised the WiValley go through the application process under 127-16.2 because the town hall is not in the WCFOD. Landy clarified that there was no problem with the building being on the National Historic Trust Register.
Minutes. Hearing no further comments, Silverman moved to a review of minutes of the June 2, 2009 meeting. Haynes noted that a quote from Ed Rogers was missing from the minutes and David Green noted that he had come before the Board to discuss conservation subdivisions as an individual, rather than as a representative of Fitzwilliam Green LLC. Corrections will be made. Haynes moved, Landy seconded and the Board approved the minutes as amended.
Fitzwilliam Inn. Yon referred to a discussion earlier about the Fitzwilliam Inn and asked what the new owner would have to do in order to open for business. Silverman said the Planning Board would do a site plan review, and perhaps a combined meeting with the ZBA could be arranged if the new business needed a special exception to operate in the village business center.
Landy asked if leasing the apartment to someone other than the owner would be allowed. Haynes said it has been done this way in the past. Yon said it would be similar to any other accessory apartment. Silverman said he didn’t see a problem. Landy asked if creating a second leased apartment would be allowed. Silverman said it is still not a change of use. Yon said the septic design might have to be reviewed. Grasewicz said septic systems are designed for a certain flow, regardless of where the flow was coming from, whether from restaurant, residential, B&B or retail use. He estimates that the current septic system has been in place for about 12 years, and it would have been done to current standards then. Tommila suggested that a bank would not do a mortgage without
an approved septic plan.
Nancy Carney said the existing apartment needs to be connected to the fire suppression system and all the rooms need to be hard wired for smoke detectors. Landy wondered if the mixed use anticipated is allowed in the district. Silverman said that at some point if things change too much, a special exception may be needed.
Preliminary consultation: Fitzwilliam Green (David Green) to discuss a two-lot subdivision of property located at 90 Jaffrey Road, Map 15, Lot 52, Rural District.
David Green and Matt Buonomano presented preliminary plans that will divide the 6 acre lot with the Hancock farmhouse on it into two lots, leaving the farmhouse with 3 acres and the other lot with 3 acres. However, they asked the Board if it would consider allowing a natural boundary formed by a culvert and ditch on the property as a boundary line, even though it would mean having only 275 feet of frontage rather than the required 300 feet for one lot.
The Board discussed whether this was, in fact, a lot line adjustment rather than an full subdivision since the owners of the property also own the surrounding property, in which case the boundary line could be the natural ditch line. Mr. Green said they want to keep the second lot as separate rather than merge it with their other properties, to keep flexibility in their options.
Grasewicz said that if they use the ditch, they would need to get a variance from the ZBA for the frontage requirement. It might be hard to prove hardship in this case. Silverman said they would need a variance or have to move the line. Mr. Green said they will move the line.
Preliminary consultation: Paul Grasewicz for Ron Chase, to discuss subdivision of property located on Fullam Hill Road, Map 8, Lot 26, Rural District.
Grasewicz distributed a sketch of the property, noting that the owner wants to further subdivide an existing lot so he can use it personally. The subdivision will create a 13 acre lot and a 52 acre lot. He said the land slopes to the west but he hasn’t walked the back land. Jason Hill said the 13 acre lot is pasture land and the 52 acre lot is forested.
Silverman said he didn’t see any problems with it, others agreed. Grasewicz will bring in an application.
Master Plan Assignments. Suzanne Gray reviewed the work done, including the presentations, saying now its time to put it all together for a writer. She asked members to review their initial area of expertise, the presentations and relevant minutes and come to the work sessions in July and August prepared to present what they’ve gleaned from the presentations. The information will be categorized in three ways: information that can help update the current situation in town, information that belongs in the master plan, and other issues/ideas (a ‘parking lot’) that should be discussed but may not belong in the town’s master plan.
Gray said the Board should decide how to handle the presentations from the ZBA and conservation subdivisions. Silverman said these issues are more zoning development rather than master planning, adding they fit under the “preserving rural character” category. Gray agreed they were about ordinance changes. Yon asked if the essence of the perception of rural character could be defined. Grasewicz said it’s rural when you put a wireless transmitter in town and no one can receive the signal!
Tommila said he was surprised to find that a lot will stay the same, based on what the presenters said. It seemed to him that every department felt not much would change in 10 years.
Preliminary consultation: Roger Keilig to discuss a change of use of State Store located at intersection of Route 119 and Route 12, Map 34, Lot 2-1.
Mr. Keilig said he was before the Board at the suggestion of the Selectmen, with whom he met earlier this month. He said the state liquor commission has decided to close the Fitzwilliam liquor store and the legislature has given them authority to do so. He described the Agency Store concept as being an alternative that sells both alcohol and associated retail items, like beverages and dry goods. The Country Mile in Greenville is such a store and he has talked with the owner of that store. Once the legislature decides if it will allow more agency stores, he will apply to become one. Currently there are three agency stores in NH.
His store is about the right size to make the transition. He is looking to do this as a business venture and not run it himself. He has sent letters trying to interest other kinds of stores in his property but they are not interested, saying there is no market in Fitzwilliam for their kinds of businesses. He believes Route 12 is still a good business corridor.
Silverman said the Board will need to verify that his property is in the general business district, since the map is vague. He thinks the only problem will be changing the signage to conform with the sign ordinance once the new store is determined. He said the Planning Board will do a site plan review if that will help with the state application process.
Mr. Keilig said he would keep the Board informed of progress, adding he didn’t know how long it would take. Silverman said the Board supports having the property used, and if the zoning needs to be changed it can be done at the next town meeting.
With no further business, the Board adjourned at 8:15 PM.
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Mac Landy, Jason Hill, John Tommila and Carmen Yon, Selectmen’s representative.
Others present: Alternates Carlotta Pini and Paul Grasewicz, Nancy Carney, Deputy Fire Chief, Susan Silverman, Selectman
Call to Order: 7:05 PM
Public hearing: Brian Foucher for WiValley application to install a wireless repeater attached to the steeple of the Fitzwilliam Town Hall to expand its broadband wireless coverage to the town buildings and immediate downtown area, located on Map 32, Lot 51, Residential and Historic Districts.
Mr. Foucher was present to follow-up on a meeting with the Selectmen. He did not have an application to present to the Board at this time. The Selectmen will need a lease agreement and he will schedule a time to conduct testing in the steeple to ascertain signal strength and reach and to determine what, if any, of the equipment is visible. He noted that the Board is waiting on information from Mark Hutchins, RF engineer, regarding aspects of the application.
Silverman said that the Board received a memo from the town attorney indicating that an application should be filed under 127-16.2 since it applies to wireless communications towers and antennas and bell steeples are an alternative tower structure referred to in the ordinance. (Town Hall steeple becomes an alternative tower structure.) Mr. Hoppock feels waivers for location outside the WCFOD and for location in the Historic District are justified, according to the Board’s criteria for waivers.
Silverman said access to the building should not be a problem, since other outside vendors have access to the building. The two areas that need security, are secured by alarm systems, leaving the rest of the building accessible. He added that town liability coverage should cover all who use the building, including the bell tower.
Richard Dwinell, town resident, asked about the terms of the agreement with the Selectmen. Silverman said there is no agreement so far, the process is just starting. Mr. Dwinell said that as a taxpayer, he had a right to know if there will be a monetary compensation for use of the steeple, adding that he wants to see the town make money if WiValley is making money and that revenue from this installation should go to the town to lower taxes.
Yon suggested WiValley should go to the Historic District Commission as a courtesy. Silverman said WiValley will do that.
Pini said that Rindge has a repeater in their town hall steeple and the town has an agreement with the provider to exchange rent for providing the municipal building with service at no cost.
Mr. Dwinell said he feels that allowing the repeater in town hall is opening a can of worms in that other providers may want to use the steeple too, and using the steeple for a repeater opens the town up to additional liability, for instance for lightening strikes. Mr. Foucher told him that WiValley carries a million dollar liability insurance plan for every property they serve. Mr. Dwinell said he wants the liability to cover the cost of replacing the building if necessary. Silverman asked Mr. Dwinell to put his thoughts in writing for the Board, and asked Mr. Foucher if the equipment would increase the likelihood of lightening strikes or other liability. Mr. Foucher said no, the equipment prevents lightening from going to ground.
Yon clarified that Mr. Hoppock advised the WiValley go through the application process under 127-16.2 because the town hall is not in the WCFOD. Landy clarified that there was no problem with the building being on the National Historic Trust Register.
Minutes. Hearing no further comments, Silverman moved to a review of minutes of the June 2, 2009 meeting. Haynes noted that a quote from Ed Rogers was missing from the minutes and David Green noted that he had come before the Board to discuss conservation subdivisions as an individual, rather than as a representative of Fitzwilliam Green LLC. Corrections will be made. Haynes moved, Landy seconded and the Board approved the minutes as amended.
Fitzwilliam Inn. Yon referred to a discussion earlier about the Fitzwilliam Inn and asked what the new owner would have to do in order to open for business. Silverman said the Planning Board would do a site plan review, and perhaps a combined meeting with the ZBA could be arranged if the new business needed a special exception to operate in the village business center.
Landy asked if leasing the apartment to someone other than the owner would be allowed. Haynes said it has been done this way in the past. Yon said it would be similar to any other accessory apartment. Silverman said he didn’t see a problem. Landy asked if creating a second leased apartment would be allowed. Silverman said it is still not a change of use. Yon said the septic design might have to be reviewed. Grasewicz said septic systems are designed for a certain flow, regardless of where the flow was coming from, whether from restaurant, residential, B&B or retail use. He estimates that the current septic system has been in place for about 12 years, and it would have been done to current standards then. Tommila suggested that a bank would not do a mortgage without
an approved septic plan.
Nancy Carney said the existing apartment needs to be connected to the fire suppression system and all the rooms need to be hard wired for smoke detectors. Landy wondered if the mixed use anticipated is allowed in the district. Silverman said that at some point if things change too much, a special exception may be needed.
Preliminary consultation: Fitzwilliam Green (David Green) to discuss a two-lot subdivision of property located at 90 Jaffrey Road, Map 15, Lot 52, Rural District.
David Green and Matt Buonomano presented preliminary plans that will divide the 6 acre lot with the Hancock farmhouse on it into two lots, leaving the farmhouse with 3 acres and the other lot with 3 acres. However, they asked the Board if it would consider allowing a natural boundary formed by a culvert and ditch on the property as a boundary line, even though it would mean having only 275 feet of frontage rather than the required 300 feet for one lot.
The Board discussed whether this was, in fact, a lot line adjustment rather than an full subdivision since the owners of the property also own the surrounding property, in which case the boundary line could be the natural ditch line. Mr. Green said they want to keep the second lot as separate rather than merge it with their other properties, to keep flexibility in their options.
Grasewicz said that if they use the ditch, they would need to get a variance from the ZBA for the frontage requirement. It might be hard to prove hardship in this case. Silverman said they would need a variance or have to move the line. Mr. Green said they will move the line.
Preliminary consultation: Paul Grasewicz for Ron Chase, to discuss subdivision of property located on Fullam Hill Road, Map 8, Lot 26, Rural District.
Grasewicz distributed a sketch of the property, noting that the owner wants to further subdivide an existing lot so he can use it personally. The subdivision will create a 13 acre lot and a 52 acre lot. He said the land slopes to the west but he hasn’t walked the back land. Jason Hill said the 13 acre lot is pasture land and the 52 acre lot is forested.
Silverman said he didn’t see any problems with it, others agreed. Grasewicz will bring in an application.
Master Plan Assignments. Suzanne Gray reviewed the work done, including the presentations, saying now its time to put it all together for a writer. She asked members to review their initial area of expertise, the presentations and relevant minutes and come to the work sessions in July and August prepared to present what they’ve gleaned from the presentations. The information will be categorized in three ways: information that can help update the current situation in town, information that belongs in the master plan, and other issues/ideas (a ‘parking lot’) that should be discussed but may not belong in the town’s master plan.
Gray said the Board should decide how to handle the presentations from the ZBA and conservation subdivisions. Silverman said these issues are more zoning development rather than master planning, adding they fit under the “preserving rural character” category. Gray agreed they were about ordinance changes. Yon asked if the essence of the perception of rural character could be defined. Grasewicz said it’s rural when you put a wireless transmitter in town and no one can receive the signal!
Tommila said he was surprised to find that a lot will stay the same, based on what the presenters said. It seemed to him that every department felt not much would change in 10 years.
Preliminary consultation: Roger Keilig to discuss a change of use of State Store located at intersection of Route 119 and Route 12, Map 34, Lot 2-1.
Mr. Keilig said he was before the Board at the suggestion of the Selectmen, with whom he met earlier this month. He said the state liquor commission has decided to close the Fitzwilliam liquor store and the legislature has given them authority to do so. He described the Agency Store concept as being an alternative that sells both alcohol and associated retail items, like beverages and dry goods. The Country Mile in Greenville is such a store and he has talked with the owner of that store. Once the legislature decides if it will allow more agency stores, he will apply to become one. Currently there are three agency stores in NH.
His store is about the right size to make the transition. He is looking to do this as a business venture and not run it himself. He has sent letters trying to interest other kinds of stores in his property but they are not interested, saying there is no market in Fitzwilliam for their kinds of businesses. He believes Route 12 is still a good business corridor.
Silverman said the Board will need to verify that his property is in the general business district, since the map is vague. He thinks the only problem will be changing the signage to conform with the sign ordinance once the new store is determined. He said the Planning Board will do a site plan review if that will help with the state application process.
Mr. Keilig said he would keep the Board informed of progress, adding he didn’t know how long it would take. Silverman said the Board supports having the property used, and if the zoning needs to be changed it can be done at the next town meeting.
With no further business, the Board adjourned at 8:15 PM.
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