TOWN OF WALPOLE

PLANNING BOARD MEETING

JUNE 10, 2014

 

Presiding:        Jeffrey Miller (Chair); Robert Miller (Vice-Chair); James Aldrich (Secretary); Kelley Hicks, Dennis Marcom, Jason Perron, Chas Street (Selectboard Representative

Alternates:      Ed Potter, Jeff White

Recording:      Regina Borden, Recording Secretary

These Minutes are unapproved and will be reviewed at the July 8, 2014, meeting for corrections, additions and/or omissions.  There were twelve people in attendance.

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 who wishes to speak to identify themselves.

Roll Call:  Mr. J. Miller noted that a full Board was present therefore there was no need to call upon the alternate members.

APPROVAL OF MINUTES OF REGULAR MEETING ON MAY 13, 2014 and WORKSHOP SESSION ON MAY 27, 2014:  Mr. Aldrich moved to approve the Minutes of the regular Planning Board (PB) meeting on May 13, 2014, and Workshop Session on May 27, 2014, as printed.  Seconded by Mr. R. Miller.  With all members in favor, the minutes were approved.

PUBLIC HEARINGS:

Mr. J. Miller called this Public Hearing to order at 7:05 PM.  He advised that the application was received, fees were paid, it was duly posted, published in the Keene Sentinel and abutters were notified.

Teregram Properties, LLC – Lot Line Adjustment:  Adjust the boundary line between Lot #002 and Lot #003 and annex, 1.56 acres of Lot #002 to Lot #003, creating a single continuous 4.0 acre lot of record (Lot #003 = 4.0 acres).  Town Tax Map #024, Lots #002 and #003.  This is in the Commercial Zoning District.  There was a consensus of the PB members that this application is complete.

Mrs. Westover submitted a letter from Alan Johnson authorizing her to represent him.  Mr. Wilkins advised that there is a slight change to the application he presented at the last PB meeting.  The four acres of the Alan Johnson property are to be purchased by the Teragram Properties, LLC.  In the process 42-feet / three bays will be removed.  He understands the PB will approve the subdivision but hold the final approval until physical removal of the 42-feet to provide the two 21-foot sideline set-backs between each of the shed sections is accomplished.  Mrs. Westover is handling the paperwork with Mr. Johnson and Mr. Wilkins is representing Teragram Properties. The only change on the plan presented a month ago is they had to adjust the line slightly so it went through a bay for them to have 21-feet on each side.  Mrs. Westover explained that they already hired someone to demolish the three bays but they were waiting to get their approval at this meeting; it will take about two weeks to take it down.  After that is done she will take a picture of it so the PB can see that it has been done and she will deliver the mylar to Mr. J. Miller.

Ms. Berdina Ezequelle asked what they intend to do with the property.  Mr. J. Miller responded that there has been no indication of what will happen to the property.  If they plan future development it will probably require Site Plan Review, that would have to come before the PB and all abutters would be notified.  Mr. Wilkins advised that it is an investment at this point.  No other comments were made.

Mr. J. Miller closed this Public Hearing at 7:11 PM.

Mr. J. Miller called this Public Hearing to order at 7:12 PM.  He advised that the application was received, fees were paid, it was duly posted, published in the Keene Sentinel and abutters were notified.

J.R. Development, LLC – Site Plan Review:  Add a 2,030 square foot building to be used as cold dry storage behind the existing building.  Town Tax Map #012, Lot #055.  This is in the Commercial Zoning District.  There was a consensus of the PB members that this application is complete.

Mr. David Zhang was representing J.R. Development, LLC who own the North Meadow Plaza off Route 12 (the State Liquor Store, Bargain Furniture Store and a portion of Shaw’s).  He explained that the proposed 75 x 29 foot cold dry storage addition will be behind the existing Bargain Furniture Store and is approximately 2,030 square feet.  It will have a metal pitched roof starting at the existing roof elevation and pitching down to about 9-feet with new metal siding; the addition will be 70-feet wide and 29-feet in depth.  The addition will be used for general dry storage, non-heated and non-cooled, no plumbing or mechanical fixtures just some electrical for lighting.  There will be a new door in the back and an overhead door; the colors will match the existing building colors.

Amy Norton, tenant in the Bargain Furniture Store, asked exactly where this addition will be.  Mr. Zhang said it will be off-set from the existing property line which runs between the Ocean State Job Lots store and the Bargain Furniture Store.  It will not be touching the OSJL building.  Ms. Norton stated that when she measured 70 feet from the OSJL wall it comes up to the Liquor Store.  She asked if work is going to be done to the existing building because of the poor condition it is in before something is added on to it.  Mr. Zhang said right now there is an existing tenant in there so it is difficult to do renovations on the existing space when it is occupied by a tenant.  When it is vacant they will add on the cold dry storage unit and make improvements to the existing space.  Ms. Norton pointed out that right now there are water leaks coming through the wall into the breaker box as well as the pull alarm that is all corroded.  Two months ago water got into the pull alarm in the Liquor Store that set it off.  There is a lot of deterioration to the back wall of the building.  Mr. Zhang agreed that some work needs to be done.  J.R. Development took this over toward the end of 2012 but since then there has been a tenant in there so it is difficult to make improvements.  Ms. Norton said there is actually under-mining going on in the pavement.  Mr. Zhang explained that they would be excavating about three-or-four-feet deep, put in a new foundation and proceed from there with the addition; it will be on a concrete slab.  They will be coordinating with the utility company to relocate the propane lines.

Mr. Marcom asked how the different owners enter into the complex.  Mr. Zhang pointed out that it is a long story.  Lot #1-A is owned by Ocean State Job Lots, J.R. Development owns the middle section which is the State Liquor Store, Bargain Furniture Store and a portion of Shaw’s; and the third portion is owned by Shaw’s.  The bank is a separate parcel and owned by them.  Mr. Marcom asked about the drainage off the roof; it appears there is a curve.  Will the addition affect the other structure?  Mr. Zhang said the new roof will be pitched so it will drain toward the southeast side.  They are not creating any new impervious surfaces because right now it is parking lot space.  He does not think it will affect drainage on the existing building.  He believes there is a mixture of gutter and drains on top of the roof.  Mr. Marcom asked if there is egress on the front and back for emergencies.  Mr. Zhang respond there is.  The intent for the addition is to find a tenant who will occupy the entire space with the cold dry storage.  He does not think there will be a separate tenant for the addition as there will not be any frontage and difficult to get in.  Their architect will be preparing construction documents that will be submitted for a Building Permit.

Mr. Jeff White was speaking as a public citizen.  He walks by there at least twice a day as well as three other people in the neighborhood.  His observation is that right in the southeast corner of the addition maybe 80-feet off there is a sink hole.  Close to the sink hole is the dumpster that Shaw’s uses and there is a catch basin there.  It is probably from the trucks backing in; it is soft there.  They re-did the propane tanks but there is still a safety issue there especially with the tanks.  In summary, he asked if he could trust Mr. Zhang and the OSJL, probably yes, but there is a huge maintenance issue there.  Safety is an issue in the parking lot, etc.  Shaw’s re-coated and lined their end of the parking lot.  Take care of what they have but do something about maintenance.  Mr. Zhang had conversations with the OSJL Property Manager and they are trying to work together because of the way it is divided.

Mr. R. Miller asked how the PB can approve an addition to this Plaza because in total it exceeds the 40,000 square foot requirement that they have.  This Plaza was in place before they had this requirement but how can they add more square footage to something that exceeds the regulations they now have in place.  Mr. Zhang asked if he is looking at the entire parcel or separate parcels.  Mr. R. Miller did not feel there is any separation as the buildings are all hooked together.  He feels separate owners is irrelevant.  Mr. J. Miller felt they must have had a Variance in the original approval because they abut each other; it is two separate lots.  Mr. Zhang felt J.R. Development owns about 30,000 square feet.  Shaw’s is approximately 24,000 square feet.  They are grandfathered in.  Mr. Perron asked how the 40,000 square feet is defined.  Mr. J. Miller believes it is 40,000 square feet per lot and they are not exceeding that requirement.  He just wants to be sure that the addition is properly grandfathered in with the original Variance.   It is probably okay but he feels they should double check by doing some research.  This is a technical thing; he does not feel the 40,000 square feet is an issue.

Mrs. Mansouri asked if he is moving that new structure 20-feet from the OSJL lot.  Mr. Zhang the original intention was to have it set back so someone could get in to do maintenance / repairs but they could look into re-evaluating a new location.  Mr. J. Miller clarified that there are three owners: 1) the OSJL store; 2) the Liquor Store, Bargain Furniture Store and a portion of Shaw;s; and 3) Shaw’s.

Mr. J. Miller closed this Public Hearing at 7:36 PM.

REGULAR MEETING:

Teragram Properties, LLC:  Mr. Aldrich does not want the PB to get into setting a precedent.  Mr. J. Miller summarized that there is a conforming lot and the proposal is to have a conforming lot.  R. N. Johnson will still own the other conforming lot in the middle.  In order for Teragram to have the lot they have to meet the zoning regulations.  Attorney Hockensmith advised that the PB can do this but the plat cannot be signed or registered until it conforms to the zoning regulations; not until it is a conforming lot.  A time limit could be placed on the condition.  Mrs. Westover will let everybody know when it is down in case they want to look at it but she will let Mr. J. Miller know.  They will be saving some of the materials to close up the sides so it looks nicer.  It should take about two weeks to demolish the three buildings and close in the ends; it should start at the end of this week.

Mr. Aldrich moved to approve the Boundary Line Adjustment for Teragram Properties, LLC subject to their meeting the set-backs of the zoning regulations.  Seconded by Mr. Street.  With all members in favor, the motion was approved.

J.R. Development, LLC:  Mr. J. Miller felt the square footage is not an issue because it is so segregated but he would like to do research to be sure they are not creating set-back issues.  Mr. Perron felt they should look for verbiage on the 40,000 square feet to be sure it is clear.  Mr. Marcom is concerned about the fire egress for the addition.  Mr. J. Miller suggested that Mr. Zhang contact the Fire Department.

Mr. R. Miller moved to table this application for J.R. Development, LLC until the next meeting on July 8, 2014.    Seconded by Mr. Aldrich.  With all members in favor, the motion was approved.

NEW BUSINESS:

John Sheldon:  Mr. Joe DiBernardo, DiBernardo & Associates, LLC, advised that this property and the Southwest Community Services property are located in Drewsville.  They are proposing a Boundary Line Adjustment between these two properties and John and Annette Sheldon are doing a Boundary Line Adjustment between themselves.  He explained the plan.  They are moving the line over so the house can be solely on one lot.  They went to the Zoning Board of Adjustment and got a Variance for that change.  John and Annette Sheldon would like to take an area owned by Southwest Community Services and add it to their existing lot.  Southwest Community Services will keep an area for the former Mansion because of State septic issues. Southwest Community Services will have 3.13 acres and Sheldon will have 6.68 acres.

Mr. Aldrich moved to schedule a Public Hearing for the July 8, 2014, Planning Board meeting.  Seconded by Mr. R. Miller.  With all in favor, the motion was approved.

OLD BUSINESS:

Excavation Tax and RSA 72-B – Proposed Draft For The Site Plan Review:  The PB approved the recommending language.

Mr. R. Miller moved to schedule a Public Hearing for the July 8, 2014, Planning Board meeting.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

OTHER BUSINESS:  There was no Other Business presented at this meeting.

PLANNING BOARD:

Workshop Session – Reminder:  There will be a Workshop Session on Tuesday, June 24, 2014, at 7:00 PM in the Walpole Town Hall Downstairs Office.

Planning Board Secretary:  Mr. J. Miller noted that this would be Regina Borden’s last public meeting.  He said it has been a pleasant experience and he appreciates all her hard work, time and support for the Planning Board.  The PB presented her with two local paintings by a local artist to remember Walpole and the Planning Board.

ADJOURN MEETING:

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

Respectfully submitted,

Regina Borden, Recording Secretary

 

 

Cc:  PB, ZBA, WCC, Town Offices, BOS

Posted:  Town Hall Lobby, Burdick’s Market, Walpolean