APPROVED
Town of Fitzwilliam
Planning Board Meeting
December 1, 2009
Members present: Terry Silverman, Robin Haynes, Mac Landy, John Tommila, and, Carmen Yon, Selectmen’s representative.
Others present: Nancy Carney, Deputy Fire Chief, Carlotta Pini, alternate, Paul Grasewicz, alternate
Call to Order: 7:05 PM. Carlotta Pini was seated for Suzanne Gray.
7:00 pm Appointment: Bill Prigge to discuss subdivision of property located on East Lake Road, Map 21, Lot 5 and disposition of the boat ramp on Laurel Lake.
Mr. Prigge said the land in question belongs to the Whipple heirs and includes a boat ramp on Laurel Lake. The state would like to own the boat ramp, which was, at one time, presumed to belong to the town. Anne Korjeff, representing the Whipple heirs, would like to divide the land among three owners: the state, Robin Picard and David Brooks, both of whom own property across the road from the Korjeff lot and have expressed interest in acquiring the land. Such a division would allow both land owners to have direct lake access and enable the state to take possession of the ramp, repair it, create a parking area and do some landscaping. Mr. Prigge said a survey has not been completed but the state does have a plan for revitalizing the ramp.
Silverman asked how much of the ramp is in the town right-of-way for the road. Mr. Prigge didn’t think any portion of the ramp is in the ROW. Grasewicz said the road is a three rod road.
Yon asked if the existing docks will continue. Mr. Prigge thought so. Silverman asked that the ‘fishing rock’ be preserved in the plan, saying he wanted the rock, which is traditionally used by fishermen, to continue to be accessible to the public, adding he would like to see a new ramp on the lake. Landy asked if a lot line adjustment could suffice. Silverman said no, it is a subdivision issue, adding research indicates a variance from the ZBA will be needed to create the three substandard lots. Mr. Prigge suggested he would return to the Board with a more concrete plan, prior to submitting an application.
7:15 pm Public hearing continued: Mulcahey Land and Timber, LLC application for a boundary line adjustment and a four lot subdivision of property located between West Lake Road and Webb Hill Road, Map 11, Lot 5-1 and Map 27, Lot 13, Rural District.
Three abutters were present: Winston Roy, Bob Handy and Wes Whitham.
Grasewicz reported that DES met with Mr. Mulcahey last month about a wetlands complaint filed with them. DES asked Mr. Mulcahey to file a notification of timber harvest having minimum wetlands impact with the department. The temporary culvert installed during the harvest operations has been removed.
Yon said the log ramps are still in place. He confirmed that Mr. Mulcahey has paid the timber tax for the property.
Haynes wondered where the DES action left the Board regarding engaging Mr. Van der Poll to do a wetlands/hydrology assessment. Silverman said the DES complaint was not connected to the Board’s request for an independent assessment of the wetlands.
Silverman moved, Haynes seconded and the Board voted to accept the application as complete.
Silverman made a motion, later withdrawn, to approve the lot line adjustment portion of the application, since the lot line adjustment is not contingent on the subdivision. He added it is not encumbered by wetlands and so would not be affected by a wetlands assessment. Yon asked if passing them separately wouldn’t muddy the waters, suggesting the plan could be withdrawn.
Grasewicz said filing the two items together was more an economic decision for the Donnelly’s. He said he could talk with the Donnelly’s to see if they were willing to separate the two items. Silverman said he would like to separate the two applications. Grasewicz will talk with the two landowners.
Silverman moved, Landy seconded and the Board voted to continue the public hearing to December 15, 2009 at 7:30 PM.
Preliminary consultation. Mr. Cynewski presented a plan to subdivide his property on Brigham Hill Road South, Map 7, Lot 2 into two lots. He said there is enough acreage but the frontage is probably deficient by 62 feet for two lots.
The Board confirmed that the section of road on which the property is located is a Class V road.
The Board suggested that there may be enough acreage for a hammerhead lot, which would not require 600 feet of frontage. Conversely, if there is not enough for a hammerhead lot, the owner could appeal to the ZBA for a variance to have one reduced frontage lot. Silverman said slopes, wetlands and contiguous upland would all have to be considered.
Tommila request. Tommila said he is considering leasing one of his buildings to a body repair business and wondered if it was allowed. Landy asked if it was within the light industrial district. The building is beyond 500 feet from NH Route 12, technically putting in the Rural District. Tommila said all his sawmill buildings are outside the LI, but they are grandfathered for the sawmill business. He wondered if the judge had made a decision about the validity of the 2009 ordinances, one of which rezoned the Tommila property and sawmill business in the Light Industrial District.
Silverman noted that he had just received the court decision this evening. He read the opinion in which the judge determined that it was not within his jurisdiction to decide this case. He recommended a special town meeting or placing the ordinances on the 2010 ballot to ratify the validity of the ordinances. Silverman said the ordinances are valid since they were voted in by the town and have not been legally challenged. Unless someone challenges them legally, they stand. Therefore, he feels the Tommila property is in the light industrial district by virtue of the passage of his petitioned amendment on the 2009 town ballot.
Silverman said the Board would like to see a site plan review, if and when the property is leased to a new business. Issues of parking, truck traffic, waste disposal, vehicles on the property will be reviewed.
Ordinance review.
2009 ordinances. After some procedural discussion, the Board decided to place all the 2009 ordinances on the 2010 ballot for ratification of the 2009 vote. Public hearings will be scheduled in January for this purpose. The Board will sponsor the petitioned articles as well.
Pini said the technology group rushed to finish the wireless article and if the Board wants to review it before placing it on the ballot the group wouldn’t object. Silverman said he has no objection to this current ordinance and we are technically operating under these articles.
ARC District. The ARC use district, Agriculture-Recreation-Conservation, is currently undefined geographically. The Board considered removing it from zoning ordinance, but may reconsider defining it in the future. The matter will be researched.
WCFOOD. The current zoning ordinance defining the Wireless Overlay District does not describe the northern terminus. This was a typo or inadvertent omission, but an amendment will be drafted that states the Troy town line as the northern reach of the overlay district.
Growth Management Ordinance. The state statute enabling towns to pass a GMO has changed. State statute RSA 674:22 now requires that a GMO be based on the municipality’s lack of capacity to accommodate anticipated growth in the absence of such an ordinance, in addition to how fast the town is projected to grow. “An ordinance adopted under this section shall include a termination date and shall restrict projected normal growth no more than is necessary to allow for orderly and good faith development of municipal services.” The town must promptly undertake development of a plan for the orderly and rational development of municipal services. The state legislation goes into effect on June 1, 2010.
Pini asked for an analysis to determine the number of building permits that would be available under the current GMO if it is not repealed. Haynes asked if anyone had done a cost of services analysis for the town. None has been done. Yon said some planning has been done for municipal expansion.
Staff will investigate repeal language.
Livestock ordinance. The Board reviewed a draft ordinance.
Haynes noted redundancy in the draft. Silverman said it needed to be specific for clarity. Haynes asked if the town was going to police this ordinance. Silverman said probably not, but it will give the town a tool to use in enforcement, and that is what the town has asked for.
There was some discussion about differentiating between commercial and non-commercial agriculture, using the home occupation or home business accessory use regulations to distinguish a small homestead farming operation from a large commercial operation. There was discussion about whether to limit livestock keeping use to one or more acres.
Silverman said the goal of this ordinance is to have a regulation in place so the town can intercede if there is a nuisance, not to be so tight that it prevents people from farming. Pini suggested a town ordinance to prevent noise and trespass nuisances. Silverman said the nuisance factor is very subjective. He added that the BMPs in our current ordinance refer to the safety and quality of life for animals, not neighbors.
Carmen suggested an ordinance that provides for citations and fines for violations of town ordinances. Pini wondered if a livestock ordinance is a land use ordinance at all. Silverman asked if state legislation enables towns to pass this kind of regulation outside of the zoning regulations. Haynes asked Carmen to look into noise and nuisance ordinances.
Zoning wetlands out of the general industrial district. Silverman said this item has been on the Board’s agenda forever. There were questions about how to zone wetlands out of a district, how the boundary is drawn. Yon feels there is no way to execute this concept. How do you draw it on a map?
Seasonal and year around use as impacts septic systems. Staff will check state definitions and research how other towns handle this issue.
Septic repair in the WPOD. Grasewicz will draft an amendment to allow repair of septic systems within the WPOD without a variance.
Silverman noted that Carol Ogilvie will be reviewing and advising the Board, as part of the master planning process, on ordinance and regulations necessary to carry out the master plan.
Minutes. The Board reviewed minutes of the November 17, 2009 meeting, noting that staff made an addition to the last page. Haynes moved, Landy seconded and the Board approved the minutes as written.
The meeting adjourned at 9:30 PM.
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