Plannin Board Meeting Minutes – 4/12/16

Walpole Planning Board

Walpole Town Hall

April 12, 2016 Minutes

7 pm



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

Recording: These minutes are unapproved and will be reviewed at the May 2016, meeting for corrections, additions and/or omissions.

Meeting Opened: Mr. R. Miller called the meeting to order at 7:04 pm.

Roll Call: The Board elected officers for the next year. Chair Jeffrey Miller, Vice-Chair Robert Miller, James Aldrich Secretary. Motions were made and seconded to re-elect these officers. Jeff White was voted to replace Kelley Hicks until the end of her term in 2017 and Jody Andros was appointed as an alternate.

Minutes: Mr. Marcom made a correction on the March 8 minutes, changing the word wet to west on the first page. A motion was made to accept the minutes that were amended and to accept the minutes for the two workshops and executive session.

Old Business:

            Greg Gay wants to put a 9,000 square foot building on Lot 8-1, Map 27 in the Industrial District of North Walpole for storage and antique car restoration.

Mr. Dalessio said the Board had a drawing of the water and sewer hookup and an email from Mark Houghton stating that the access was approved for a connection after the application and payment is received. Mr. Dalessio said it had to be approved by the North Walpole commissioners.

Mr. J. Miller said he had a document stating that the Commissioners of the North Walpole Village District and the North Walpole Water operator have agreed to allow Mr. Gregory Gay to hook up to the Village water pipe line at 8 Len-Tex Lane.

Mr. Dalessio then said that condition had been waived.

Mr. J. Miller asked North Walpole Commissioner Ms. Barbara O’Brien if the use Mr. Gay was requesting had been approved by the North Walpole Commissioners. Ms. O’Brien said yes.

Mr. Gay said he guessed the Board wanted to know how his plan would affect the community. He said that there would be only 2 vehicles a day coming and going into the building so there wouldn’t be a traffic problem and the building would be enclosed by a fence. There would be no noise, no pollution. Most of the tools would be for automobiles – wrenches, screw drivers and a small welder. – the basics that might be in a two-car garage. He is planning on storing 25 antique vehicles.

Mr. Gay said he might wash cars occasionally outside but there was plenty of room for the water to drain. The drive is 21 percent impervious.


Mr. J. Miller asked about the building. Mr. Gay said it would be a steel frame and a metal building with a hot water boiler, radiant flooring, one large garage door and two smaller doors and no windows.

Mr. White asking if he would be painting cars. Mr. Gay said no, maybe some touch-ups but not spray painting.

Mr. Dalessio asked about the fire department report. It had to be clearer what he intended to do. Mr. Gay said he had not decided on where to put the Knox boxes and he was told he didn’t need to have the building sprinkled.

Mr. Dalessio said he thought if a building was 5,000 square feet it needed to be sprinkled. He suggested Mr. Gay check the building specs to see what the manufacturer of the building required.

A Board member asked about setbacks. The setbacks from the sides of the building are alright but what about the 65-foot setback from the center of the road. Mr. Michael Marquise, the engineer on the project, that the setback was well over a 100 feet.

Mr. Gay said there was lighting at the garage door and on two sides with no more than a 45 degree angle. There would be no spill of light to adjoining properties.

Mr. R. Miller asked about landscaping. Mr. Marquise said there would be drainage and rain gardens to collect water and certain plants that absorb water. There is a list of plant selection on the plans, he said. The selections lists native species such as Joe Pye Weed and certain ferns.

Mr. Aldrich asked about Len-Tex Lane. “Is it a deeded right of way.” Mr. Gay said yes and that it was on his deed.

The Public Hearing closed at 7:20 when Mr. Gary Kinyon asked if he could make a statement. He is a lawyer who represents the abutters Len-Tex Corporation. He said that the Planning Board had two jobs: one was to determine completeness of the application and the other was to approve or not approve the site plan. Before the Board can make that decision the application had to be complete.

In his opinion, the application was incomplete, Mr. Kinyon said. First, this site plan is not permitted in North Walpole under the zoning regulations for an Industrial District and he had no application for a special exception or a variance.

He read Article VI of the Zoning Ordinances, Ordinance adopted by Village District of North Walpole New Hampshire.

“A. PREAMBLE The purpose for establishing an Industrial District is to provide within the Village an area in which manufacturing operations may be carried on without infringing on the health, welfare and quiet of the residents of the Village. Manufacturing operations are those in which materials are changed physically in form, changed chemically or mixed to provide other compounds. The area provided for industry must be highly specific to the nature of the manufacturing operation. Chemical or physical research might well be conducted in close proximity to a residential district and yet manufacturing of glue or explosives could not. Hence, it is the intent of the ordinance to require each industry to present its case to the Zoning Board of Adjustment, after considering the facts in light of the welfare and benefit of the community, may allow such industry in the Commercial District an exception. “

“B. Use Permitted:

Industrial and manufacturing operation in the sense that the materials entering the operation are changed in form, size or composition before shipment.”

Mr. Kinyon said there is no permit, no application for a special exception or variance from the Zoning Board of Adjustment. He has to go to the ZBA and then go back to the Planning Board.

Mr. Kinyon continued that this site does not address an easement from Len-Tex right of way through the property for a 4-inch water line to a pond on a hill Southeast of the property. “Conveying also herewith the four-inch pipeline of water and the right to maintain a four-inch water line: all repairs required to preserve the pond as a reservoir for water shall e made by the Grantee.

“The foregoing is subject to the twenty foot right of way herein-before described as now used in common with E.P. Cray, etc.” This building will interfere with the terms of the easement, Mr. Kinyon said.

Regarding the easement, Mr. Gay said that the pond was called Cray’s Pond and it’s been drained for 20 years. Also, the pipes have been removed or are broken and there is no water going through any pipes now.

Based on a previous survey, there is no boundary survey. It was not recorded..

Also, when it come to item in the checklist that were not waived or are incorrect, Mr. Kinyon had problems with Numbers 6, 9, 10, 20, 24 and 27. He said if an item is waived it must be in writing.

Later in the meeting Mr. Marquise addressed Mr. Kinyon‘s list.

No 6. Four paper copies of the Site Plan platn as specified.

No. 9. Location of existing & proposed sidewalks and driveways, direction of travel both             vehicular and pedestrian.

Mr. Marquise said this doesn’t apply because there are no sidewalks and the driveway is clearly     marked.

No 10. Identification of accesses, sight distances at accesses, curb cuts & changes to existing        streets, driveway permits.

Mr. Marquise also said this did not apply as the building was off a private lane.

  1. Soils and wetland(s) delineation.

  Mr. Marquise said the site is well out of the flood zone and this did not apply. The area is not a     wetlands. The soil data is on the plan.

  1. Location of existing or proposed deed restrictions, easements or coven.
  1. Location, type and design of buildings, elevation view or photograph showing dimension and surface treatment.  Mr. Kinyon said that it didn’t show roof pitch which would affect how            much water would drain down from the roof. He then read the regulations on Stormwater    management.

In addition, Mr. Kinyon said the property could be possibly contaminated because of the previous owner. Mr. Kinyon thought the state might have ruled on this matter, but he was not sure.

He concluded by saying if the site plan is accepted, the abutter would like a delay on action until 90 days to give them a chance to review the plan.

Regarding contamination, Mr. Gay said he had a letter from the state that gave the property a clean bill of health. He was told he had to come before the Planning Board. Now he’s told to go back to the Zoning Board.

Mr. Dalessio said if Mr. Gay had gone to the Zoning Board, there must have been a Public Hearing for a special exception. As far as Mr. Dalessio knows there hasn’t been one.

The Board decided to table a decision until it received more information about the plan. He asked Mr. Gay to come to the next meeting with:

Permission from the North Walpole Zoning Board about the use of the property.

Some statement from the Zoning Board about use.

A clear letter from the NW Fire Department about what was going to happen regarding Knox Boxes and sprinkling.

A copy of the letter saying that the land was not contaminated.

Clarification of the easement.

A rendering on what the building looked like including heights, widths, roof, windows, doors etc.

Mr. Miller asked Mr. Gay if he had anything more to add. Mr. Gay said that the abutters wanted the land and nothing would stop them from putting obstacles in his way.


            New Business: Don Northcott, 15 Sawmill Lane, came in to find out what he must do on property he was expecting to buy in May. The land is fronted on Old Cheshire Turnpike. 

Mr. Northcott said this is the property that had a sawmill on it before. It had been the property of Rita Simonds before it was subdivided. He was buying Lot 2. There is a house on it, a couple of other structures, also a rental house that Mr. Dalessio said was illegal.

Mr. Northcott wanted to take the largest barn, remove the stalls to make a place for storing and repairing equipment. He is one half of Fuzzy Brothers, an excavation company. The company has large graders, backhoes etc. They work up to December and January, February and March are the months that machines that need it get repaired.

The barn is 200 feet from Old Cheshire Turnpike and while the access is through the barn doors closest to the road, he plans to change that to the opposite end of the barn. One of the other out buildings will be used for an office.                                                                                             4.

Mr. J. Miller said it is in the Rural Agricultural District so it needs a special exception.

Mr. Northcott said it abuts family property, which is in current use. A sawmill and wood shop were previously on the property. Mr. Northcott wondered about storing the machinery on the property out in the open. The machinery would be covered.

Mr. Dalessio said it would depend on how much and how it looked and if the neighbor’s objected.

Mr. Northcott said he could put a fence up if needed. 

Mr. Marcom mentioned that he could take out the second floor of the barn and the building would be 30 feet wide and 18 feet high. 

Mr. Northcott went to talk to Ms. Myra Mansouri, who was in the audience and who is chairman of the Zoning Board of Adjustment.


            Allyson’s Orchard, map 5, Lots 2, 2-10 and 2-11, Rural Agricultural District. Lot Line             Adjustment. Total acres after merger is 45.20 acres, Wentworth Road. The proposed land is in current use and its use is agricultural. Amount of frontage on Wentworth Road is 751.65 feet. There are three right-of-ways.

The map that Mr. Joe Dibernardo showed  to the Planning Board had three lots that were to be made into one lot. Mr. Dibernardo said this is a made from the recorded property and the map in the Town Offices shows the property on thee map as differently. Mr. Dalessio asked Mr. Dibernardo to call the Town Offices and tell them of the discrepancy. He said he would.

Mr. Dibernardo was requesting a Public Hearing for May. Mr J. Miller made a motion to hold a Public Hearing, it was seconded and approved by the Board.

Mr. Aldrich made a motion to adjourn at 8:15 pm. The motion was seconded and approved by the Board. The Board also agreed to meet on the 4th Tuesday of the month for a workshop meeting.


Respectfully submitted

Marilou Blaine

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