Members present: Suzanne Gray, Robin Haynes, Mac Landy, Jason Hill, John Tommila and Tom Parker in for Carmen Yon as Selectmen’s representative. Terry Silverman arrived at 7:25.
Others present: Alternate Paul Grasewicz
Call to Order: The meeting was called to order at 7:05 p.m. by Vice Chair Mac Landy.
7:00 pm Preliminary consultation: Julie Skinner to discuss opening a consignment shop in the Fitzwilliam Antiques building on Route 12, Map 34, Lot 29, General Business District.
Ms. Skinner did not attend the meeting.
7:15 pm Preliminary consultation: Brian Foucher for WiValley to discuss siting a high speed broadband transmitter/antenna, under WCOD 127-16.2.
Mr. Foucher described the project as locating a repeater in the town hall steeple for the purpose of receiving the signal from the Pinnacle transmitter to increase coverage back toward the Pinnacle and the village center. The foliage (biomass) cover is taller and denser than their maps indicated, which degrades signal quality from the Pinnacle.
The equipment needed consists of 3 transmitters, which he would like to test from the steeple to assure signal strength. The three will cover residential homes, bring WiFi to the village and municipal buildings, and better penetrate tree cover. Equipment will be installed inside the steeple, except for the receiver, which may have to be located on the outside. It is small and can be camouflaged if necessary. Mr. Foucher will test the equipment and place it inside if possible.
WiValley has been involved in talks with state officials in securing federal stimulus funds for bringing service to town hall, library, police, fire and emergency services.
Landy wondered if the project would have to be reviewed by the Historic District Commission and the National Trust for Historic Preservation, since the Town Hall is on the National Register of Historic Places. Staff will research this.
Tom Parker said the Selectmen recognize the need for high speed internet service and he didn’t think it would be a problem but WiValley would need to talk with the Selectmen about liability, insurance and service. Mr. Foucher said WiValley would need a contract spelling out the relationship with the town for now and for the future.
Tommila asked if there was any chance of the antennas being lightening rods. Foucher said all their equipment is grounded. He added that the repeater will only need 16 watts of power, unlike the 112 watts used on the Pinnacle.
He said service with the beta customers had been problematic, but when they began receiving the signal from Springfield MA, the signal strength and service improved markedly. He said that they have learned that in this area of very dense tree cover, they need more relay sites than originally planned. WiValley is installing new customer service everyday, Monday through Saturday, with 3-5 new installations daily.
Silverman returns to the chair.
Selectmen’s Report: Tom Parker noted that under the Growth Management Ordinance there were only 5 building permits available this year and 3 have already been approved. Three applications are not complete and only two will be approved on a first completed, first served basis. Parker said they have not seen any builders’ applications yet this year and according to the interpretation of the GMO all permits can be given to single family residences. (See July 2008 minutes.)
He reported that there may be no court ruling on the challenge to the 2009 town ordinances until September, at which time the Selectmen may not choose to hold a special town meeting.
He also reported that the police chief has had complaints about domestic geese roaming onto neighboring property, and questioned the efficacy of the livestock ordinance in this case.
Minutes: The Board reviewed the minutes of the May 19, 2009 meeting and made two corrections. Landy moved, Gray seconded and the Board approved the minutes as amended.
Public hearing continued: Richard Rettig application to subdivide property for the purpose of condominium conveyance located on Ice House Point Road, Map 25, Lot 4, Rural District.
Grasewicz presented the plan with a new note regarding dimensional changes and the future use of the property, as requested by the Board.
Silverman reviewed the condominium documents sent by Mr. Rettig’s attorney. He said the condominium regulations appear to protect the town as much as it needs protection, but basically the documents are a contract between owners and he suggested not spending money to have them reviewed by an attorney.
Silverman moved, Gray seconded and the Board voted to approve the Rettig application to subdivide property for the purpose of condominium conveyance located on Ice House Point Road, Map 25, Lot 4, Rural District. None opposed.
The town will record the condominium mylar with the Cheshire Country Registry of Deeds, Mr. Rettig will record the floor plan and condominium documents when they are signed by contracting parties.
Master Planning.
The Board met with David Green and Ed Rogers, Engineer, Surveyor and Wetlands Scientist, to discuss conservation subdivisions.
Mr. Green told the Board he had attended a workshop on conservation subdivisions conducted by SWRPC and has read the Innovative Land Use Planning Techniques handbook on conservation subdivisions. He encouraged the Board to “consider incorporating in the Master Plan the goals of conserving open space, retaining and protecting important natural and cultural features, and providing for the efficient use of land.” A summary of the benefits of a conservation subdivision was distributed and Mr. Green noted that for a conservation subdivision, conservation areas and natural, historical and cultural resources are identified first, house sites are identified second, streets and trails are aligned third, and lastly, lot lines are identified. The process is usually reversed for traditional subdivisions. He recommended that the Planning Board develop a conservation subdivision ordinance for Fitzwilliam. His handout is part of these minutes.
Mr. Rogers noted his experience with various types of subdivisions that included set asides for open space. He said people generally like this type of subdivision, adding that incentives or bonuses may be necessary to encourage their use. In his experience the yield plan requirement can be taken too far. The added expense of a second complete set of plans to verify the number of lots allowed acts as a disincentive by creating additional design costs for plans no one intends to build.
He said pressure to build has eased somewhat in southern NH and now is a good time to review/revisit ordinances. He noted that when people complain, it’s usually about housing built in the last 20 years, under zoning regulation. He suggested going back to building the way it was done pre-zoning, for example, like the village center or infill development, adding that building should be consistent with the history and ideals of the community. He urged the Board to consider increasing density, consistent with the history of town building.
Mr. Rogers feels that many local wetlands regulations are more restrictive than state regulations in that they don’t differentiate between forested wetlands and prime wetlands. He suggested looking at the state regulations and amending local ordinances appropriately, since the state regulations are based on good science. He added that setbacks from prime wetlands could be increased and reduced for forested wetlands.
He said conservation of land increases its value. He cautioned against placing restrictions on conservation open space, like no steep slopes or wetlands, suggesting rather to place a minimum on the amount of flat, dry land to be included and allow as much of other kinds of land as possible. He also cautioned the Board to beware of unintended consequences.
Silverman asked if Mr. Rogers had a chance to look at the town’s cluster ordinance to see where it might be lacking. Mr. Rogers said it seemed the ordinance had too much emphasis on dimensional regulation, adding that lot size could be decreased. Silverman said that with smaller lot sizes, the landscape is denuded of natural enhancements. He said the Board’s goal is to preserve the natural surroundings. He also wanted to know how the conservation subdivision concept is abused.
Paul Grasewicz said he was familiar with the conservation concept, having done 7 projects in MA. He said there are a lot of parameters to judge; some are driven by bonuses like shorter roads and increased density. When yield plans with roadway profiles, topography and wetlands are required, costs increase. He said that a Board needs two reasonable plans to consider, not two detailed designs, adding that to insure a conservation ordinance is used, it must be mandated or include bonuses.
Silverman thanked the presenters.
The Board met with members of the ZBA, including Steve Filipi, chairman, and Cathy Davis, Sue Wood and Jane Roberts, members.
Mr. Filipi noted four items regarding current zoning he’d like to discuss.
1.) Wetlands ordinance. He feels the 75 foot setback for all structures is too restrictive, since it does not distinguish between different types of wetlands. He said a wetlands like a small old gravel pit and a prime wetland are very different. He suggested setting a square footage limit or describing the function of a wetland to distinguish between kinds of wetlands.
2.) Septic systems. He’d like to see the process for repair or replacement of septic systems in/near wetlands streamlined. He said a restriction could be added that disallowed enlargement of an existing system within the wetlands buffer, adding that even with the new technologies, the state still scrutinizes septic designs.
Grasewicz offered to draft an amendment to the current ordinance that would address the issues raised. Haynes suggested including the Conservation Commission in the discussion.
3.) Growth management ordinance. Mr. Filipi reiterated that the formula for determining the number of building permits is flawed and for 2009 allows growth of only .4%. Silverman said that the PB will probably recommend that the GMO be repealed in 2010.
4.) Cellular service. Mr. Filipi feels the town needs better cellular service and the ordinance needs to be overhauled. Silverman said that when an actual provider comes before the Board the Board is empowered to waive onerous regulation if necessary. The only people who have applied for towers in the past have been tower speculators and that is another story. Haynes said we all have cell phones so why would a provider come in. Silverman said the Board was open to cellular service providers.
Haynes asked if there was anything between the Planning Board and ZBA that could be handled more easily. Mr. Filipi suggested that for more complicated cases, the two boards could meet jointly to prevent dueling meetings. He added that one serious abutter can drag a case out for a long time, but we need to respect their right to oppose or appeal.
Cathy Davis asked about the designation in the 2004 Master Plan of Holman Road as developable. Silverman said the Board did not do its own research for the 2004 Master Plan but in truth, the land is accessible and developable. Ms. Davis asked whose responsibility it is to designate areas for development. Silverman said everything the Planning Board does after the initial policy development is reactive. He added that this time the Board will try to specify areas that should be protected. Haynes said the land was designated by a planner, but it should be protected now as a potential source of locally grown food for the town. Ms. Davis added that protecting it would help maintain the feeling of Fitzwilliam.
Sue Wood suggested that the Planning Board should develop new language to keep density high in the Village with a 20 acre minimum in the rural area. Silverman said if the lot size was made unreasonably large it might be considered a taking.
Mr. Filipi said he liked ideas presented earlier that there should be oversight on landscaping and design review to maintain natural buffers.
Silverman thanked the ZBA for their thoughts.
Administration. Silverman noted that WiValley and Russ & Dee Raitto have signed an agreement and WiValley can operate commercially now.
The Board adjourned at 9:00 PM.
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