TOWN OF WALPOLE

PLANNING BOARD MEETING

NOVEMBER 12, 2013

Presiding:         Jeffrey Miller (Chair); Robert Miller (Vice-Chair); James Aldrich, Henry Fletcher,

Dennis Marcom, Eric Merklein

Alternates:       Steve Dalessio, Ed Potter, Jeff White

Recording:      Regina Borden, Recording Secretary

These Minutes are unapproved and will be reviewed at the December 10, 2013, meeting for corrections, additions and/or omissions.

Meeting Opened:  Mr. J. Miller, Chair, called the meeting to order at 7:00 PM in the Walpole Town Hall.  He advised that meetings are tape recorded therefore asked anyone that wished to speak to identify themselves.

Roll Call:  Mr. J. Miller noted that Mrs. Teague, Selectboard representative, was unable to attend this meeting.  An alternate member cannot be appointed to replace her on the Board.

APPROVAL OF MINUTES OF REGULAR MEETING on October 08, 2013, and WORKSHOP SESSION on October 22, 2013:

Mr. R. Miller moved to approve the Minutes of the regular PB meeting on October 08, 2013, and the Minutes of the Workshop Session on October 22, 2013, as printed.  Seconded by Mr. Marcom.  With all members in favor, the Minutes were approved.

PUBLIC HEARINGS:

There were no Public Hearings scheduled for this meeting.

NEW BUSINESS:

Subdivision:  Martha Kingsbury on Kingsbury Road, Tax Map #008, Lot #120-1:  Clayton Platt, Licensed Surveyor with Pennyroyal Hill Land Surveying & Forestry, LLC was representing Martha Kingsbury.  She would like to divide the property up among her four children.  There are two separate parcels:  Tax Map #008, Lot #118 has 72.1+/- acres with the farmhouse and mill on the west side of the road and Tax Map #008, Lot 120-1 has 24.5+/- acres on the east side of the road.

They are proposing a minor subdivision of Tax Map #008, Lot #120-1, 24.5+/- acres, into two lots which will result in one additional lot of record.  One parcel will be 13.57 acres and the second parcel will be 10.98 acres.

Two Annexations to Existing Lots:  Martha Kingsbury, Tax Map #008, Lots #118 and #118-1 & William and Patricia Kingsbury, Tax Map #008, Lot #119: Parcel A – 9.79 acres to be annexed to TM 118-001, a 1.11 acre house lot that was approved in 2007; this will become 10.90 acres.  Parcel B – 3.27 acres will be added to TM #008-119; this will become 8.53 acres.  The annexation of Parcel B will effectively split the property in two – resulting in the subdivision of the farmhouse lot to the south (TM 118, 30.09 acres) from the mill lot to the north (TM118-1, 27.84 acres).

Mr. R. Miller moved to schedule the two Martha Kingsbury applications for Public Hearings on December 10, 2013.  Seconded by Mr. Merklein.  With all members in favor, the Minutes were approved. 

Boundary Line Adjustment:  Ray Aumand in North Walpole:  Joe DiBernardo, Surveyor with DiBernardo and Associates LLC requested that this Agenda item be postponed until the December meeting.

Boundary Line Adjustment/Subdivision for Southwestern Community Service in Drewsville:  Joe DiBernardo, Surveyor with DiBernardo and Associates LLC requested that this Agenda item be postponed until the December meeting.

Preliminary Consultation – Dr. Peter Bowman, DDS:  Dr. Peter Bowman advised that he is a dentist in Walpole.  He is looking to re-locate his office in Walpole and has an opportunity to work with Mr. Phil Davis on the possibility of using a part of the Real-to-Reel building for that purpose.  Garrett Ludwig, architect, presented the proposed plans.  The existing structure has common areas.  It is their intent to expand the south end of the building but to remain within the footprint of the building as it exists.  A sketch for the east elevation of the building was displayed.  The exposed posts will be enclosed and be clapboard sided.  The existing posts from the second portion will continue on.  There will be a new entry as shown on the floor plan; it takes over the existing vestibule that was access to the video store.  The existing structure is not large enough for the space that Dr. Bowman will require therefore they are taking the exterior wall and moving it out to the portion that is being supported by posts.  As they see it they are not changing anything as this is a business use and it is within the confines of the structure itself.

Mr. J. Miller advised that when he was first contacted about this the question was if it requires Site Plan Review.  It is within the footprint, it is commercial zoned, but his initial reaction was that it would be best if it came before the full PB.  Mr. Davis responded to a question that this is the south end of the building; he expects the ice cream business will remain at the north end.  They will keep the north end for phones and videos.  It is possible that something might have to go.  Mr. White asked what the square footage of Dr. Bowman’s offices will be.  Mr. Ludwig said 2,817 square feet.  Mr. Merklein questioned if they looked at the impact of the added traffic flow.  Mr. Ludwig responded that they did not do a formal traffic study but, from the volume of traffic he observed when he has been there both in the commercial shopping area and the travel lane to LaValley’s, there has not been an excessive amount of traffic.  Dr. Bowman does a lot of family dentistry appointments; the turn-over of patients is not profound.  There will be five operative rooms (one will remain idol between patients) and three hygienist rooms.  The management of traffic will be limited.  Dr. Bowman felt they would probably have eight cars per hour plus the four-or-five staff cars.  Mr. Davis advised that they have 30 parking spaces.

Mrs. Mansouri asked about the $10,000 rule.  Mr. J. Miller pointed out that it is a Site Plan if someone is putting more than $10,000 in it but this is interior changes.  It is within the same footprint, the same use and the same flow.  If they were going to enlarge the building then “yes” it would apply but they are just changing a porch into space.  Mr. Dalessio felt the PB went through something similar recently with the Scoop Shop and renovations to the back space.  Mr. Ludwig explained that any mercury is taken out of the system before it is discharged; there is a minor effluent discharge.

Mr. Merklein moved that the proposed plan for a Dental Office in the Real-to-Reel building does not require a Site Plan Review.  Seconded by Mr. R. Miller.  With all members in favor, the motion was approved.

OTHER BUSINESS:

Excavations – Regulations and Taxation:  Mrs. Mansouri distributed copies of an email she received from Mary Pinkham-Langer from the Department of Revenue Administration regarding Excavations – Regulations and Taxation.  She is the Administrator for gravel pits.  The email states that the excavation tax under RSA 72-B applies not only to “commercial” excavations, but to those “incidental” excavations that will remove more than 1,000 cubic yards of earth from the property within the tax year.  (Tax year is April 1 to March 31).  If the incidental construction project keeps all the excavated earth on site, and it is used on the site, within the tax year in the alteration of the site…it is tax exempt.  If more than 1,000 cubic yards of earth is stockpiled on the site and not used on the site within the tax year…it is taxable.

There was discussion on how big a pile of 1,000 cubic yards of earth looks like.  Several people present felt it would be big enough to fill this meeting room 4-to-5 times.

Mrs. Mansouri stated that a part of this has to go with the Site Plan Review; they need to put this on the PB checklist.  They will get some projects that say that it is a “balanced site”.  What this typically means is that they will be removing the “unsuitable” earth from the site and replacing it with the exact same number of yards of suitable earth.  If the “unsuitable” earth that leaves the property is more than 1,000 cubic yards…it is taxable.  The earth being brought in is taxable from where it was excavated.  Mr. Merklein asked who will keep track of this.  Mrs. Mansouri stated that they have to ask that question.

It also states that the “incidental” projects that will disturb more than 100,000 square feet of area also need the AOT permits.  And, incidental projects of 1 acre or more where there is a possibility that ground water will leave the site is subject to the EPA storm water requirements.  Mr. J. Miller said when people come in for projects they quite often have the AOT permit for the alteration of terrain as well as the storm water management.

Mr. J. Miller felt the PB can add this to one of their Workshop Session agenda issues.  He will contact the Regional Planning Commission and/or Town counsel to ask for legal advice and clarification for the language that is required for the Site Plan Review.  He will follow-up on this as we should understand what needs to be done.

Approved Projects:  Mr. J. Miller advised that during the last Workshop Session there was discussion about adding the following statement to the approval letter sent to applicants following the Public Hearing on their project:  “If no vesting rights are done within a year of this approval they will be asked to attend a meeting to provide an up-date”.  There was a consensus to have Mr. J. Miller contact Attorney Hockensmith to obtain some clarification on the appropriate procedure for this.

PLANNING BOARD:

Workshop Session:  The PB members agreed that there will be no Workshop Sessions on the 4^th Tuesday in both November and December.  They will resume on Tuesday, January 28, 2014.

ADJOURNMENT:  Mr. Aldrich moved to adjourn this meeting.  Seconded by Mr. R. Miller.  With all members in favor, the motion was approved.  The time was 7:51 PM.

Respectfully submitted,

Regina Borden, Recording Secretary