TOWN OF WALPOLE

PLANNING BOARD MEETING

FEBRUARY 11, 2014

Presiding:        Robert Miller (Vice-Chair); James Aldrich, Henry Fletcher, Dennis Marcom, Eric Merklein, Jamie Teague (Selectboard Representative)

Alternates:      Steve Dalessio, Ed Potter, Jeff White

Recording:      Regina Borden, Recording Secretary.

These Minutes are unapproved and will be reviewed at the March 11, 2014, meeting for corrections, additions and/or omissions.  There were twelve people present in the audience.

Meeting Opened:  Mr. R. Miller, Vice-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 wishes to speak to identify themselves.

Roll Call:  Mr. R. Miller noted that Mr. Jeffrey Miller, Chair, was not present therefore he called upon alternate member, Mr. Jeff White, to sit on the PB in that seat.

APPROVAL OF MINUTES OF REGULAR MEETING on January 14, 2014, and WORKSHOP SESSION on January 28, 2014:  Mr. Aldrich moved to approve the Minutes of the regular Planning Board (PB) meeting on January 14, 2014, and the Workshop Session on January 28, 2014, as printed.  Seconded by Mr. Marcom.  With all members in favor, the Minutes were approved.

PUBLIC HEARING:

Mr. R. Miller called this Public Hearing to order at 7:06 PM.  He advised that the application was received, fees were paid, it was duly posted, published in the Keene Sentinel and abutters were notified.

AUMAND REALTY CORP. – Boundary Line Adjustment:  Tax Map #028, Lots #141, #143, and #144.  These parcels are located in the Residential-B zone.

Mr. Aldrich moved to accept this application as complete.  Seconded by Mr. Fletcher.  With all in favor, the motion was approved.

Mr. Aurelius DiBernardo, Land Surveyor with DiBernardo Associates, LLC, was present to represent the applicant, Aumand Realty Corp. in North Walpole.  This boundary line is to make 3 lots into 2 lots.  The Residential-B property is at Mountain View Road and Taylor Street.  He explained that 0.07 acres of Lot #144-1 will be annexed to Lot #143 to become one continuous lot of record and 0.17 acres of Lot #144-1 to be annexed to Lot #144 and become one continuous lot of record.

Mr. Kevin Daley questioned if the applicant intends to build on the lot.  Mr. Aldrich responded that if they are going to build on it in the future they would have to come back before the Planning Board.  There was discussion relative to the location of the warehouse and house on the Aumand owned lots.  Mr. Dalessio questioned if the subdivision conforms to the North Walpole Zoning.  Mrs. Teague confirmed that it does.  Mrs. Scott wanted to be sure that this does not represent any changes to down the hill.  Mr. DiBernardo stated that it does not.

Mr. R. Miller closed this Public Hearing at 7:16 PM.          

REGULAR MEETING:

AUMAND REALTY CORP.:  Mr. Aldrich moved to approve the Boundary Line Adjustment for Aumand Realty Corp. as presented at this meeting.  Seconded by Mr. Fletcher.  With all in favor, the motion was approved.

NEW BUSINESS:

Mr. R. Miller advised that there is some New Business to come before the PB but they will not be voting on any of the items.  They will be presented for informational purposes.

MARK HOUGHTON:   Mr. Houghton was present on behalf of Alan Johnson.  Mr. Houghton is trying to purchase a portion of the R.N. Johnson property therefore they are proposing to subdivide off the so-called Equipment Storage Shed area which is to the north of the existing water/sewer easement right-of-way that runs down between the two buildings.  He distributed sketches of the proposed subdivision.  Mr. Houghton would like to take this portion off of the existing nine acre parcel.

Mr. Aldrich moved to schedule this for a Public Hearing during the March 11, 2014, PB meeting.  Seconded by Mr. Marcom.  With all in favor, the motion was approved.

RUDEK / POTATO BARN PROPERTY:  Attorney Tom Hanna was present to represent Stephen Rudek, owner of the so-called Potato Barn property.  Back in late 2012 they got Site Plan approval from this PB but it was subject to obtaining temporary access from Route 12 with the understanding that they were going to pursue a permanent Town road access in the future.  When they looked at the cost for a temporary access Mr. Rudek felt it didn’t make much sense to do that so they are moving forward to a permanent access.  After that decision was made they met with the Selectboard who sought legal advice.  They all agree that was needed here is for the PB to approve a Street Plat.  The reason for that is that Selectboard are not allowed to lay out Town roads where there is a PB in Town unless the PB has approved a Subdivision Plan, which they do on a routine basis.  This is not a Subdivision so what they are asking the PB to approve is a Street Plat which just shows exactly where the road will go.  He talked with Mr. Jeff Miller, who is out of town, but he wondered why they have to go through this because this road is identical to what they already approved.  However it was not a Street Plat that the PB approved and that is what Mr. Rudek needs because that is what the Selectboard need in order to lay out a road.  The Selectboard voted to lay the road out subject to getting the Street Plat approved by this PB and then subject to getting the Department of Transportation (DOT) approval on the access off of Route 12 which they fully expect to get.  Attorney Hanna requested that the PB schedule a Public Hearing when they will explain it in more detail.

The PB members discussed why another Public Hearing is needed because they previously approved the Site Plan that has not changed.  Attorney Hanna explained that they do need a Public Hearing because abutters need to be notified under the Statute.  Attorney Hanna referenced the provision in the Subdivision regulations:  Section III-(c), under Minor Subdivisions.  Mrs. Teague felt a Public Hearing will clarify this matter so there will be no questions in the future.

Mrs. Teague moved to schedule this for a Public Hearing during the March 11, 2014, PB meeting.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

SHELDON SAWYER:  Matt Phillips was representing Sheldon Sawyer.  In 2012 Mr. Sawyer did a Voluntary Merger off County Road and Pinewood Circle; Tax Map #005, Lots #004, #004-003 and #004-004.  The John Graves pond is on the edge of the road.  His intent is to give one of the lots to Mr. Phillips but to keep the other lot.  When he did this merger he did not read that “These parcels may no longer be separately transferred without subdivision approval”.

Mr. Aldrich moved to schedule this for a Public Hearing during the March 11, 2014, PB meeting.  Seconded by Mr. Fletcher.  With all in favor, the motion was approved.

WILLIAM DAHER:  Mr. Daher, 1993 Trust, submitted a Voluntary Merger document for Tax Map #012, Lots #012 and #012-005.

Mrs. Teague moved to approve this Voluntary Merger for William H. Daher, 1993 Trust.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

OLD BUSINESS:

EXCAVATION TAX and RSA 72-B:  Mr. R. Miller advised that several months ago Mrs. Mansouri, Chair of the Zoning Board of Adjustment, was contacted by the Department of Revenue Administration and it was suggested that the PB should have in their Site Plan Checklist an item that has to do with the Timbering or Excavation of commercial or industrial development.  The PB has been discussing this over the past several months and during their Workshop Sessions.  Mr. Dalessio put some verbiage together to add it to Appendix, A Site Plan Checklist, under Section Vii, C Other, add Check #11.

Mr. Dalessio read the Proposed Change to Site Plan Review:

After:

• Plan for Stormwater Management and Erosion Control, if applicable (See Section VIII General Standards F.)

Add:

• Plan for timber/excavation in accordance with RSA 79 and RSA 72:B respectively.

A copy of Form PA-7 Notice of Intent to Cut / Form PA-38 Notice of Intent to Excavate is required to be submitted with Site Plan Application if required under RSA 79 or RSA 72:B.

Mr. Dalessio recommended that this be looked at by the Town Attorney or the Southwest Region Planning Commission as he would like to be sure that the RSAs are correct.  There was a consensus to send it to the Town Attorney for a legal opinion.  It will be voted on during the March meeting.

PLANNING COMMISSION:

Workshop Session – Reminder:  There will be a Workshop Session on Tuesday, February 25, 2014, in the Walpole Town Hall Downstairs Office.

ADJOURN MEETING:

Mr. Aldrich moved to adjourn this meeting.  Seconded by Mr. Marcom.  With all members in favor, the motion was approved.  The time was 7:56 PM.

Respectfully submitted,

Regina Borden, Recording Secretary