APPROVED
Town of Fitzwilliam
Planning Board Meeting
February 2, 2010
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Jason Hill, Mac Landy, John Tommila and Carmen Yon, Selectmen’s representative.
Others present: Tom Parker, Selectman, Nancy Carney, Deputy Fire Chief, abutters
Call to Order: 7:00 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.
Kevin Horgan, Graz Engineering, represented the client. Silverman reminded everyone that since the last hearing Rick van der Poll, Ecosystem Management Consultants, walked the site and his report recommends further wetlands delineation by a certified wetlands scientist, to be done later in the spring, to verify the wetlands and hydrology. The report is attached to these minutes. Silverman suggested waiting until verification is completed before deliberating further.
Paul Grasewicz submitted an email request on behalf of the owners for an extension of time continuing the subdivision hearing to March. Silverman moved, Gray seconded and the Board approved an extension for 65 days.
Tommila wondered if it could be done earlier so owner would not have to wait any longer than necessary. Silverman said when the ground thaws it can be done. Silverman said he’d like to use Rick van der Poll again since he knows the terrain and has already done some analysis. He added that the Board is requesting this service because there seemed to be a discrepancy between the plan and wetlands on the site.
Silverman moved, Landy seconded and the Board voted to continue the hearing to March, 16, 2010 at 7 PM.
Preliminary consultation: Paul Grasewicz to discuss a boundary line adjustment between properties located off NH Route 119 E, Map 12, Lots 46 and 40-5, Rural District.
Kevin Horgan represented Graz Engineering since Mr. Grasewicz is ill. Mike Devlin, the applicant, was present and read a statement saying he has been a resident of Fitzwilliam for 17 years and has raised his family here. He came to the Planning Board at one time for a subdivision on Rhododendron Road and now he wants approval for a project on Route 119 E. Horgan distributed a sketch of the planned boundary line adjustment. The Board reviewed the sketch. They propose to adjust the boundary line between Map 12, Lots 40-5 and 46 creating what amounts to a 5 acre hammerhead lot for Lot 40-5 and a remaining 45 acre lot. Mr. Devlin says he doesn’t want to develop the site with a lot of houses, but wants to build a house for himself and one for his daughter in the future. Meantime,
he will use the 45 acre parcel for hunting. This parcel has a right of way to Fullam Hill Road. A proposed common driveway off Route 119 E will serve both lots.
Gray asked about stone walls on the property and Mr. Devlin said property lines will follow interior stone walls. Asked about wetlands, Horgan said there may need to be a wetlands crossing for the common driveway at the front of the property near Route 119 E.
Landy asked when the property had been subdivided originally. Horgan thought it may have been done in 1982. Silverman said he didn’t see many problems with the site, but said they would have to comply with hammerhead regulations in the zoning ordinance for lot 40-5..
Minutes. The Board reviewed minutes of the January 19, 2010 meeting. Haynes moved, Tommila seconded and the Board approved the minutes as written. A typo will be fixed.
Growth Management Report. The Board reviewed the report, noting that if the GMO is not repealed this year, there will only be 5 building permits available for the year. Yon said that two of them have been issued to people on a waiting list from 2009. Gray said the report was clear about the impact of the GMO and since that was not the intention of the Board it should be repealed. The report will be forwarded to the Selectmen.
Preliminary consultation: Wendy Otto to discuss a dog/cat rescue operation on property located at 735 Royalston Road, Map 2. Lot 25, Rural District.
Ms. Otto described her plans to rescue animals, primarily dogs that are hard to place, some cats and maybe rabbits later. She has set up eight dog houses already. Currently the dogs live outside and she says they are northern breeds that are OK being outdoors in the winter. In the future she would like to have a kennel business like her parents had. In the meantime, she wants to use the name they used and take donations but to do that she needs something in writing from the town saying that it approves of the business. She is not charging to keep animals at this time; they come to her from friends and other kennels or rescue leagues.
Her property is a 2.7 acre lot and she is living in a trailer now. She says she’s been cleaning up the area. Haynes said that to have a commercial kennel in the rural area, she must get a special exception from the ZBA. Silverman said that with the number of animals she anticipates it has to be considered a kennel. When asked about licensing it, he said land use is different from licensing. The Planning Board would need to consider if a site plan review was necessary and would consider waste disposal, fencing and impact on the land and the neighborhood.
Haynes asked about wetlands and there is a stream on the property. The nearest neighbors are about 1/3 of a mile from her place. According to Ms. Otto, they let their ducks, chickens and goats run free. Yon asked about fencing and Ms. Otto said she would like to install an electric fence at some point. Currently the dogs are on chains, she said. She has one dog, one house cat and a stray cat outdoors that she is feeding. She hopes to put up better facilities for herself and her animals. She said she is just getting started and wants the name for tax purposes. She will ask for donations. She noted that in this economy a lot of people are dumping their pets.
Landy said his concern is to insure that animals are fenced. Gray is concerned that dog waste does not get into the water. Otto said previous owners buried garbage. Landy said that as she gets more established she should come back to the Planning Board for a site plan review of fencing, waste and commercial activities. Silverman said that if she is establishing this kennel as a commercial activity with a registered name she will need a site plan review now. Landy noted that without a sign, they are her pets, not a business. Otto wants a sign to memorialize her parents business and for tax purposes. Landy said she needed a special exception. Silverman said the town can’t put anything in writing for her now without a special exception and a site plan review.
He said the ZBA will need a concise plan of where the animals are to be kept, their housing and how they are to be restrained, for their safety and the neighbors’ safety. There should be a plan for waste disposal as well.
Public hearing: Lakeville Shores, Inc application for a four lot subdivision of property located between NH Route 12 S., Cross Road and Turnpike Road, Map 4, Lot 43-2, Rural District.
Fred Blais presented the plans for the Lakeville Shores subdivision. A four-lot subdivision is planned with lots of five or more acres. Test pits have been dug and the data is in the file. Mr. Blais said all lots meet the uplands requirements and setbacks. They have a state curb cut permit for the driveway off Route 12 S, and the town road agent has said the three other driveways off town roads will be OK.
Silverman said the Board is concerned about the amount of wetlands, particularly on lots 1 and 4. He feels lot 2 is iffy.
Abutters reviewed the plans. Haynes asked about Old Turnpike Road. Ryan Roy, Sip Pond Road, said the surface is re-route pavement, i.e. pavement from another road that has been crushed and laid as surface on this road. He described it as like sticky gravel, but plowing does disturb it. Haynes wanted to know when the wetlands were delineated, but Mr. Blais said the test pits were done in October 2008. He thinks the wetlands were done after that.
Silverman asked if the property has been logged. Blais didn’t think so, but expected it to be. Silverman reminded him that once property is slated for subdivision, certain harvesting regulations apply and it must be reviewed by the Planning Board. [See Subdivision Regulations sections 221-13 General Procedure and 221-24 H.] Silverman has lots of concerns about the wetlands, especially on the two most southern lots.
Ryan Roy said he represented George Crosby, an abutter. Mr. Roy said he is a civil engineer and pro-development but says the wetlands as depicted on the plan are not accurate. There is a river along Old Turnpike Road and a culvert not depicted. He added that he has walked the property over the years and has a concern about the amount of bedrock and shallow soil profile as being a problem for development; shallow soil is difficult for leach fields and septic systems.
Blais said the wetlands were delineated by a certified wetlands scientist who knows what he is doing. He added that the land is surprisingly good once you are on it. He noted the plan meets all requirements for zoning and subdivision.
Carolyn Rogers, abutter on Cross Road, said she worked with the surveyor to outline her property during the survey work for the subdivision and he was very respectful, but she added there are huge animal habitats in this area that logging will impact. Logging will also have an impact on the neighborhood. She said the lot next to her is very close to the river and wetlands.
Mr. Roy said the area is also prone to flooding. He noted that four homes will increase the amount of impervious surface thereby increasing the flood hazard. Linda Giles said that beyond her stone wall is an area that is wet and soggy in all seasons and it isn’t portrayed on the map. Another gentleman said he was here to find out if there would be an impact on Stateline Grocery and there doesn’t seem to be one.
Dave Kenney, abutter, said the map doesn’t show a severe slope and lots of ledge near his home. He recalled his Dad putting in a garage with wetlands 20 feet away. He feels the wetlands are conservatively represented. Gray asked if there was any indication that there is an aquifer there. Giles said that she saw a map at the Garden Club and it showed an aquifer there. Landy and Haynes referred to the NRI maps and found that this area is partially over an aquifer and is in a flood plain. Mr. Roy said that given all this testimony that the map is inaccurate, he would ask the Planning board to do a site walk and have the wetlands reviewed by another wetlands scientist. Another abutter wondered if the Conservation Commission is involved.
Silverman said that given the anecdotal evidence that the map is not accurate and that the wetlands cannot be reviewed while the ground is frozen, and we are a month away from a site walk at least, he’d move to continue the hearing. He added that the conservation Commission will be contacted.
Silverman moved, Landy seconded and the Board voted to continue the hearing to March 16, 2010 at 7:30 PM.
Mr. Kenney asked an existing logging road becomes the access point or driveway. Silverman said no, usually logging roads don’t represent where a driveway will be. Silverman said Mr. Chamberlain must consider what he’s doing when cutting trees in terms of changing habitats. He suggested leaving the habitats with connected woodlands, especially on lots one and four. An abutter asked if she could attend the site walk and Silverman said with the owner’s permission.
8:15 pm Preliminary consultation: Fitzwilliam Green to discuss development of 195 acre property located on north side of Jaffrey Road, Map 15, Lot 53, Rural District.
Ed Rogers, surveyor and Sheldon Pennoyer, architect, presented the conceptual plan. Rogers recapped the history of the parcel before presenting a drawing of the area to be developed.
The plan is to carve out a 40 acre parcel from the 195 acre parcel for development of a village center type development. Development will focus on 17 acres of uplands, utilizing an existing lane between stone walls to access the property 250 feet in the back. The barn and two fields on the Jaffrey road side may be incorporated. The more density they can have, the more land that will be placed in conservation. Their goal is to conserve as much land as possible while recouping their costs.
Rogers did a preliminary yield plan, excluding power lines and wetlands, and figured about 31 lots could be created given the frontage and land mass. They are thinking of concentrating 15-20 units on 3 acres within a 17 acre parcel instead.
Rogers overlaid a depiction of the Fitzwilliam village center on the parcel proposed for development, just to give perspective to the plan. Within the village center there are 4 retail businesses, 3 town buildings, 1 church, 1 Inn and many residential units.
Mr. Pennoyer distributed boards with depictions of other projects he’s designed and drawings of dwelling units in these projects. Groton Land Foundation and Peterborough Co-Housing projects were included. He described them as building neighborhoods, with buildings clustered and lots of green space. Stone walls will be utilized and the barn may be incorporated into the common space as a focal point. Dwellings will face fields and/or the mountain.
When asked about lot sizes, Pennoyer said they will be drawn last. Placing the dwelling units and roads and out buildings will be arranged to provide private space and views and preserve the green space prior to drawing lot lines. Lots may be odd shapes.
Silverman said the Fitzwilliam village center is basically unsustainable as is. Pennoyer said the land in the proposed development is much larger with good soils to support a neighborhood. Parker said he hoped they were proposing a homeowners’ association to own the waste disposal system. He added that one access point may not be a good idea. Rogers said that the proposed village density is intense, but the soils are better than in the town center and there are no wetlands. They propose to have two wells serve the neighborhood. With ¼ acre lots each home could have its own septic system but they are considering all options and new technologies.
Yon asked to confirm that if they can get the density they need, the rest of the land will be in conservation easement. Green, Buonomano and Rogers agreed.
Pini asked if it would be single family homes or duplexes and Pennoyer said it would be a mix. Landy asked how much frontage there was on Jaffrey Road – Rogers said about 3500 feet. Pini asked if it would qualify as workforce housing. Pennoyer said there were a lot of factors to consider and the owners had to do some number crunching. Pini asked about road lengths and Pennoyer said there were a lot of decisions yet to be made, but they were here to see if this is a direction the Board would be interested in. Gray asked if new green technologies would be incorporated. They will be to the extent possible.
Silverman asked if the current cluster ordinance is too restrictive for this project. Rogers said it is, but he knows the ordinance gives the Board some latitude. The ordinance calls for 80,000 square feet per lot and they are asking for 10,000. He said the required two acre lots will push out the sprawl, require more infrastructure, conserve less land and it will cost more to develop. The Peterborough Co-Housing project has 28 units on 3.5 acres carved from a 114 acre parcel.
Nancy Carney asked that they keep in mind the need for a water supply for fire suppression, perhaps a cistern system. Landy said he was concerned about the number of cars entering onto Jaffrey road and the line of sight must be clear.
Pini noted that when the Board approved the senior housing project on Route 12, it waived many of the dimensional requirements. She asked that the already conserved land in the area be connected to the proposed conservation land if possible.
Silverman asked about the outcome in the Peterborough project. Pennoyer said it was a little more than ¾ filled now. That project is a little different in that many services are shared, like heat and hot water is provided to all units using 6 boilers and a pellet furnace. Silverman asked if the units would be stick built – Pennoyer said they would. Timber frame would be wonderful but it is cost prohibitive.
Silverman asked about private space for the dwelling units. Pennoyer said natural buffers, building orientation, out buildings, all will be used to design private space for each unit. Silverman said he personally has no objection to moving forward along these lines. Green said they would be back in two weeks with the Monadnock Conservancy perspective.
The meeting was adjourned at 9:00 PM.
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