Walpole Planning Board

Walpole Town Hall

June 9, 2015 Minutes

 

Presiding Members: Robert Miller (Vice-Chair), James Aldrich (Secretary),  Dennis Marcom, Jason Perron, Steve Dalessio (Selectboard Representative), Kelley Hicks. Alternates: Edward Potter.  Absent:  Jeffrey Miller (Chair). Alternate Jeff White.

Recording: These minutes are unapproved and will be reviewed at the July 14, 2015, meeting for corrections, additions and/or omissions.

Meeting Opened: Mr. R. Miller called the meeting to order at 7:02 p.m.

Roll Call: One board member was absent so Mr. Miller asked Alternate Mr. Potter to sit in his place.

Minutes: Mr. R. Miller asked for a motion on the minutes of the previous meeting and the workshop. A motion was made by Mr. Aldrich and seconded by Ms. Hicks to accept the minutes as written. The board vote in the affirmative.

Old Business:

            Minor subdivision: Rita L. Simonds, 15 Sawmill Lane, Town Map 13, Lot 34, Rural/Agricultural district. Rearrangement of lots so that there are three lots: 5.33, 5.2, and 89.8.

The application was complete – application filled out, fees paid, abutters notified, legal notification in The Keene Sentinel and posted in two places in town.

Mr. Dibernardo had a map that showed lots 1 and 2 and a blowup of lot 3, off to the right on the map. It showed an existing 25-foot right-of-way running through the property, one for Linda Welch and one for Charles R. Welch. In addition, Mr. Dibernardo said, Lot 3 can use that right-of-way. Each lot meets all the requirements – acreage, setbacks, frontage.

Mr. Aldrich said that you need to remove Walpole from Walpole Valley Road. It’s now Valley Road. Mr. Dibernardo agreed to do so.

Abutter Ms. Brenda Evans asked where the well house was. Mr. Dibernardo said it was on Lot 2. Ms. Evans said the map that was in the selectmen’s office earlier, didn’t have that on it. Mr. Dibernardo said that was on a preliminary version of the survey.

Ms. Evans also wanted to know about the septic system – how did it flow? Mr. Dibernardo said he wasn’t sure. Because the lot is five acres, it is not required to do get a septic permit from the state. If a lot is under five acres, an owner has to get a state permit. However, Mr. Dibernardo said he believed there was one by the barn and one by the house that was all existing.

Abutter Ms. Linda Welch had a couple of questions about the mapping. One was about Ms. Welch‘s  right-of-way. In the legend it wasn’t dotted, but in this map it was. And there was no stream on the map.

Mr. Dibernardo pointed to where the stream  went down to a pond. For the purposes of a hearing, he said, a surveyor is not required to show streams or the topography. A stream would be shown if it was traversing something on the property.

Ms. Welch asked if it was one lot of record and if it wasn’t wouldn’t you have to annex the other lots first. Mr. Dibernardo said it’s one tax map and one lot of record.

Ms. Welch asked if the property is in current use. The application does not say whether it is or isn’t. Ms. Simonds said that some of it was.

Ms. Welch wanted to know if when land is being subdivided, is it then taken out of current use and taxes have to be paid on that property. Mr. Dibernardo said that doesn’t happen until the lots are sold.

Mr. Dalessio said you can subdivide property in current use and not pay taxes as long as the property is contiguous.

Ms. Welch asked about further re-subdivision. Mr. Dibernardo said none of the lots can be subdivided because they each have only the required 200 feet of frontage.

Would you consider putting the on the plat? Ms. Welch asked. Mr. R. Miller said it is not necessary because the subdivision regulations wouldn’t allow it.

What about  back lot No. 3? Ms. Welch asked. You can only subdivide on a Class 5 or better road, Mr. Dibernado said.

Ms. Welch asked, what is the difference between a minor subdivision and a major subdivision​?

Mr. Perron read the section on subdivisions,  Land subdivision Control Regulations Section II, Part C. “Subdivision, Minor means those proposals involving:

1. Four lots or less with no potential for re-subdivision and fronting on an existing street, or
2. The creation of lots for non-building development purposes, or
3. Minor lot line adjustments or boundary agreements which do not create buildable lots.”

Ms. Welch asked about the stream again – suppose it were part of the frontage. Mr. Dibernardo said it wouldn’t matter because it was still owned by Ms. Simonds. Ms. Welch said that a stream is a natural feature on a map and that’s information that should be on a map.

The public hearing was closed. James Aldrich made a motion to accept the subdivision as presented. It was seconded and the entire board voted in the affirmative.

New Business:

             Jack Franks – Avanru Development Group LTD. Amend building permit- Phasing change for development on Route 12.

Before Mr. Franks began, Mr. Dalessio, the Selectboard Representative, recused himself saying the Selectboard has already talked to Mr. Franks about the matter.

Mr. Franks said he was before the board for a minor amendment to the previously approved site plan.

Mr. R. Miller said that just for the record he wanted it know that site plan was approved November 13, 2012. Mr. Franks agreed.

Mr. Franks said he wanted to change the direction of how he would build the proposed plan. Instead of starting at the south end of the property, he wanted to start at the north end of the plan, which meant he wanted to create a temporary fire department turnaround about midway on the plan. A similar turnaround is on the plan for the south end of the property.

Mr. Franks said he had already talked to the fire department – Herb Hurlbert, Dick Hurlburt and Mark Houghton – and “they concluded that what I was asking for was reasonable.” After speaking with the Selectboard, he was directed to come to the Planning Board.

Mr. Franks would like to create a temporary turnaround for a fire truck in the middle of the project because he’s decided to start construction at the southern end of the site plan instead of the northern end.

It’s a temporary move and as the apartments were being finished a fence would be constructed where the turnaround is and tenants wouldn’t have to go through a construction zone when construction starts on the next phase to the month. Mr. Franks  said it just made sense and no one would get hurt. All the necessary fire hydrants will be in place.

If he couldn’t do that he would have to build 355 feet of road from where the turnaround is planned for now and he would have to maintain it. The temporary turnaround would be gravel and eventually paved when that phase is finished.

Mr. R. Miller said, The original permit was for three buildings, joined together and 67 units. Mr. Franks agreed. His original plan was to start in the south and build another unit as one unit is finished. Mr. Franks  said it was always a phase project.

A board member asked when construction will begin. Mr. Franks  said at the end of August.

Another board member asked, Are you anticipating stick built? Mr. Franks said it’s the same as we talked about before – modular construction.

Dennis Marcom said disregarding the phase change there are still issues that need to be resolved like school buses, delivery trucks. Is that a one lane road? Would a school bus pick up kids on Route 12 or drive into the complex?

Mr. Franks ‘s said it’s the same size turnaround as the one to the north. It’s all to state approved specs.

Another question was, If you proceed with construction, will you put that turnaround back in there? Mr. Franks said yes. When the second phase is completed, we will finish down to the end.

Ms. Myra Mansouri asked about whether it would be 55 and over. Mr. Franks said he was not at the meeting to discuss 55 and over. “I have building permits. I’m simply asking for a turnaround here” (in the middle).

What’s the process for an amendment? Asked Jason Perron. “Is there an amendment to a Site Plan approval.” Mr. Dalessio said when Tractor Supply came back to the board, they made some changes because maybe they found a better way to do something or something wasn’t quite working out, the board amended those plans. However, if the construction is different than the plan, then it has to come back to the board, Mr. Dalessio said.

Mr. Aldrich said this says here amend building permit,  referring to the agenda. Does it amend the site plan? If so, we have to hold a Public Hearing.

Mr. R. Miller said he wasn’t sure. He could see it either way.

Mr. Marcom said starting at the southern end is a phase change, but it doesn’t amend the plan. But adding a turnaround does change the plan.

Mr. Aldrich said if we have to amend the plan, we have to have a Public Hearing.

Mr. R. Miller asked Mr. Franks about a Public Hearing.

“In that case, I retract my request,” said Mr. Franks . “I’m not going through a site plan review again. I’ve been through that twice. All I asked for was an amendment to change the turnaround.”

Mr. R. Miller said he was just asking for hearing on the turnaround not a total site plan review. It would be just for this change.

Mr. Franks repeated that he was just asking to be allowed to put in the fire department turnaround in the middle of the project because he wanted to start working on the project starting in the south instead of the north. This is a minor amendment to an existing approved site plan with a building permit, he said.

“I respectfully retract my request,” Mr. Franks said.

Site Plan Review – Commonwealth Construction LLC, 121 Church Street, North Walpole. Former LaValley lumber yard. Currently used for millwork manufacturing. Submitting plan for two phases – renovation of one building and a new construction.

Renovation of the existing open storage structure into heated/unheated warehouse spaces. It’s was the “L” shaped building in the photograph. It’s an open building now.

Erection of a per-engineered single-story metal building approximately 60-feet-by100-feet-by-12-feet production space and 30-feet-by-3-feet-by-9-feet office and support space for a total of a 6000 to 7000 square feet building.

There will no alteration to the existing driveway. There is perimeter fencing. It will require new water and sewer hookups.

 Mr. Yobhel Brosseau, manager of Commonwealth Construction, explained that the company does woodworking, some privately and some commercially. He said the new manufacturing space would be for development of a USDA certified organic manufacturing facility for natural and organic personal care products. It’s a quiet process, environment friendly – no toxic waste.

Mr. Brosseau said he was just here to put out the idea.

He provided a tax map and aerial view which shows the perimeter fencing. It shows that the driveway and lot will not be altered. It will require new water and sewer hookups.

Ms Hicks asked about the type of equipment the process would need. Mr. Brosseau said a small conveyer belt, tanks with the products, filling augurs.

Are you ready for the next step? Mr. Perron asked. Mr. Brosseau said he was working on plans, getting quotes for construction from steel building manufacturers.

When do you anticipate coming back was a question from the board. Mr. Brosseau said it would depend on what the board needed. Setbacks are maintained and there are  no changes to the property. The application is filled out,.

Mr. Dalessio asked if he was going to do one project before the other so there would be different phases. Mr. Brosseau said he wasn’t sure. He could do both at the same time. They won’t affect each other. Or it could be the type of thing that he would finish the dilapidated building first.

Someone asked about the building. Mr. Brosseau said, The building is structural steel with a wood-frame.

Mr. R. Miller asked if we should set up a public hearing now.

Mr. Dalessio said he still has a lot of questions. He needs to get a proper engineer or builder check out a lot of things with a site plan review. This is in North Walpole. Have you spoken with the any of those officials? Mr. Brosseau said he came to the Town Offices and  he was told to come here first.

It was suggested that he speak with a North Walpole commissioner or someone on the North Walpole Zoning Board. He received a copy of the Site Plan Review Checklist/Waiver Form and the secretary will get a copy of Site Plan Review to him. It was also suggested he speak with the fire chief in North Walpole.

Mr. Perron said, It sounds like the good idea, in the right area..

Mr. Greg Gay, Main Street, former Cray Oil property, North Walpole. Build a 150-foot-by-60-foot space for storing antique cars and trucks and possibly later build a house on  the property.

Mr. Gay said he and his father repair antique cars for a hobby. He just purchased the land that had the former Cray Oil office on it. It is next to Len-Tex and Len-Tex has a right of way across the property. It has a chain link fence around the property. It is zoned industrial.

Mr. Dalessio asked if North Walpole zoning allowed building a house in a industrial zone. North Walpole Commissioner Barbara O’Brien said he would have to go before the zoning board and ask for a variance.

Mr. Gay said he didn’t list house on the permit. He said the building would be 150 feet by 60 feet and of metal construction. It would be in that fenced in area.

Mr. Aldrich asked if the building would meet setback requirements. After figuring out the distances from the fence, it was determined it would meet setback requirements.

Mr. Charlie Lennon, from Len-TeX introduced himself and his brother Donald. He explained that Len-Tex abutted Mr. Gay’s property to the north and he disagreed with Mr. Gay. The industrial zoning ordinances in the Industrial District are very specific, he said. They can only have manufacturing in the Industrial District.

“It doesn’t say anything about garages.” Mr. C. Lennon said. “We have a real problem, especially with a house next to us, that’s not involved in manufacturing.

“The other problem we have is that it’s a 9,000 square foot building. And it has nothing to do with manufacturing. It’s a garage. A private garage. And according to the zoning ordinance, private garages are considered an accessory building and the size of an accessory building can’t exceed 192 square feet. That’s a 9,000 square feet accessory building.”

Mr. C. Lennon said the location of the storage building would be on top of a water main.  At this point, Mr. Patrick Kiniry of North Walpole stepped in and explained that the town was considering closing off the water main that leads to this property.

Mr. Kiniry said that there is a 10-inch main that runs down Main Street and the the water department has proposed that Len – Tex tap into it, but it was never done. The company will still be able to do this when the other line is disconnected. It will increase flow for a sprinkler system.

It was eventually determined that Mr. Gay would need to get permission from the North Walpole Zoning Board to put his building on that lot before he came to the Walpole Planning Board for a Site Plan Review. Mr.  Perron said that the Planning Board can’t approve a Site Plan if there was an issue in zoning.

Mr. Gay. I’ll go either way. “I was told to come here first so that’s what I’m doing.”

Mr. Aldrich said his suggestion was that Mr. Gay drop the residential aspect.

Mr. Donald Lennon spoke about Len – Tex and its products, which he said are sold in 25 countries all over the globe. “We were blindsided by Greg letting us know he had acquired this land from the Cotas. We did not know that this was occurring. We’ve been looking at this a long time because we want to expand. “

The company employs 85 people, pays $63,000 a year in taxes to North Walpole and the company will grow if it has an opportunity to expand on one side of the road. Currently, the company has a truck running back and forth between a building on Church Street to a building on Main Street.

The company would like to continue to expand in the next three years on that side of Main Street adding another 50,000 square feet of manufacturing space and bring employee numbers up to 140.

Mr. D. Lennon concluded, “We can’t do this if we are fractured. We think this will not be in the best interest of Walpole and North Walpole.”

Mr. R. Miller said the matter had to be decided in North Walpole and hopefully you can come to a compromise. Right now Mr. Gay’s application is a mute point right now and should be returned.

            Thomas Dyer, 137 Upper Walpole Road – Subdivision – 2.9 acres

Mr. Dyer explained that his sister and he represented his father’s estate,  a 2.9-acre track of land that was at one time two lots made into one. He explained that they were putting the house on the market and would like to have something in writing from the town that said that it conformed to the requirements for a subdivision. It is a white ranch with a three car garage on the west side of Upper Valley Road. It was originally two separate lots.

The brother and sister weren’t looking to subdivide it now but would like something to show to a potential buyer that it conforms to subdivision regulations. The property is zoned Residential B.

Mr. Dalessio said the Dyers had frontage for two lots.

Mr. Aldrich said that would be no issue with the setbacks. You have 250 and 226 feet of road frontage and you need 150. It appears to meet the requirements. There is no grade issue. You could  subdivide it. You need to keep 20 feet off the property line.

Mr. R. Miller said, “You could potentially put three lots in there.”

Mr. R. Miller said that he didn’t think the board had to go as far as writing a letter. If you look at Walpole Planning Board regulations and look up what is required in Residential B, you could show  potential buyers they could subdivide it.

Mr. Dalessio suggested Mr. Dyer get it surveyed with a potential for a subdivision. He also suggested getting the zoning regulations and reading them.

There was a motion to adjourn. It was seconded and passed. A motion to not hold workshops during the next three months was also voted on and approved. unanimously.

Respectfully submitted,

Marilou Blaine, secretary