Walpole Planning Board
June 12, 2016 Minutes
Presiding: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary), Steve Dalessio (Selectboard Representative), Dennis Marcom, Jason Perron, Jeff White. Alternates: Ed Potter and Joanna Andros.
Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the July 2016 meeting for corrections, additions and/or omissions.
Meeting Opened: Mr. J. Miller, Chair, called the meeting to order at 7 pm.
Roll Call: There was a quorum of members so no one was needed to fill in.
Minutes: Mr. R. Miller made one correction to the May minutes. On page 3 the word “question” should be changed to “motion.” A motion was made to accept the May 2016 minutes as amended. The motion was seconded and the board unanimously agreed.
Old Business: Public Hearing for Eric Frink, 131 Merriam Road, Town Map 3, Lot 54, Rural/Agricultural District. Mr. Frink is in the process of getting a Federal Firearms License to sell firearms from his home. He received a Special Exception from the Zoning Board with certain conditions and was before the Planning Board to get a recommendation from the Board.
Mr. Frink explained to the Board that he wanted to sell firearms to his family and friends from his home. He did not plan to advertise, would not have a shooting range, would limit his customers to 20 customers a month and would not advertise. He received a conditional special exception from the Zoning Board last month and was looking from a recommendation from the Planning Board.
Mr. Miller said the motion would be for a recommendation of not a recommendation for Frink to sell firearms from his home.
Mr. Aldrich said that there are eight conditions that the Zoning Board put in their approval. Most of these things are not enforceable. Number 1, operating from his house from 9-5 on Saturday and Sunday. “That’s fine,” Mr. Aldrich said. Conditions:
- Federal and state permits must be obtained and approval of the Walpole police chief is required. Mr. Aldrich said, “I just renewed my FFL and I have a form and take it to the police and check yes or no. I checked yes and a copy is made. The police chief doesn’t sign anything.”
- If any of these permits are amended, suspended or renewed, the change must be filed with ZBA. ”I renewed my license and I didn’t let the ZBA know. I don’t think the ZBA has any jurisdiction of my FFL license. That’s controlled by the federal government and the state of New Hampshire.”
- No more than 20 customers sales per month. “I had 40 sales this month. Mr. Frink might have one sale on a Saturday and sell 18 more the next day on the Internet and ship them out.” Mr. Aldrich asked how can you keep track of that? “Who’s going to go up and count the vehicles in his yard.”
- No unsold inventory. Mr. Aldrich said, “The inventory is what he’s purchased, it was sold to him. The Alstead Gun shop had unsold inventory and when someone comes into buy a gun, it becomes sold.
- No advertising of firearms or ammunition. Mr. Aldrich said, “It’s been covered all up and down the Connecticut River Valley and probably to the Seacoast by now. It’s been in the Clarion, The Walpolean, minutes have been posted.”
- No firing range for customers can exist on the property. Mr. Aldrich said, “I have a firing range behind my house. Any one can shoot on my firing range. My neighbors. Mr. Frink has some 77 acres and if he decides go out and shoot a gun, he’s entitled to so do if he does it safely. I don’t think that can be enforced.”
- Operations cannot be changed or expanded without returning to the ZBA for permission.” That’s OK by me.”
Mr. Aldrich said all these things are covered by federal and state laws and he didn’t see how any of them could be enforced by the ZBA.
Mr. J. Miller said he agreed with Mr. Aldrich‘s comments but the matter is out of the Planning Board hands. The Zoning Board agreed to these conditions. If Mr. Frink has the same concerns as Mr. Aldrich, he has the right to appeal the decision and to a rehearing. The Planning Board recommends or not recommends.
Mr. Dalessio asked if the special exception was in rural/agriculture district and wondered why he needed a site plan. He said Frink didn’t need a site plan. It wasn’t required.
Mr. Miller said the ZBA asked Mr. Frink to come here to vote on a recommendation or not a recommendation. It’s part of the criteria to have a nonbinding recommendation from the Planning Board.
Mr. Marcom made motion to recommend. Mr. R. Miller seconded the motion and it passed unanimously.
Lot Line Adjustment – Aquilla Gorton request for Public Hearing for a Lot Line Adjustment, Town Map 8, Lot 118-1 and annex one-tenth acre from Lot 119 to make a total acreage of 11 acres.
Mr. Gorton said he wants this Lot Line Adjustment for his heirs so there can one be building lot and the possibility of the rest in current use.
One lot belongs to Mr. Gorton and the other to a sister-in-law of Mrs. Gorton. Mr. Gorton said he was waiting for the surveyor and the surveyor may not get back to him until August. He needs the surveyor map and Mylar for the Public Hearing. The secretary will keep in touch with Mr. Gorton. The Board made a motion to hold a Public Hearing in August and if the maps are not ready then to extend the hearing to the following month. The motion was seconded and approved by the entire Board.
Lot Line Adjustment Map 20, Lot 76 .
Ms. Cindy Westover and Dr. Chuck Shaw were representing the Congregational Church. The abutting property to the east is owned by Walpole Chocolate LLC and there is a row of pine trees. The land is in back of Walpole Chocolate and in back of the Congregational Church. The church has been taking care of the property and the church council is now asking the owners of Walpole Chocolate to donate ownership of that 60-foot-by-123-foot space to the Congregational Church and annex the property up to the row of pine trees. Ms. Westover said she is getting an appraisal of the property, which the church will acknowledge as a donation. The owners of Walpole Chocolate are willing to donate this piece of property. Dr. Shaw is organizing the survey.
Ms. Westover asked what was needed. Mr. J. Miller said three copies of the map and a Mylar. An application has to be filled out and a fee for a Lot Line Adjustment plus $8.00 for each abutter.
Ms. Westover requested a Public Hearing for a Lot Line Adjustment for the second Tuesday in July. A motion was made to hold such a hearing, it was seconded and unanimously approved by the Board.
Northcott brothers, Dan and Ben, known as the Fuzzy Brothers, were before the Planning Board to discuss the change of use in the property they recently purchased at 15 Saw Mill Lane. The entire lot is 105 acres.
Mr. Ben Northcott said that he had a letter showing a new driveway permit and a letter from the Walpole Fire Department recommending that the apartment be removed from the shop area for safety reasons. The apartment dwellers will move to a house on the property. They will also use a shed as storage. In its place, the former apartment will be an office. The barns on the property will now be used to repair and store large equipment. He also talked to the Road Agent and since the house and the shop will now have their own driveways, he recommended that the addresses now be Old Cheshire Turnpike.
This lot Northcott was talking about had been subdivided before. The current driveway will not be used and the entrances into the barns will be from the back. That’s where the shop work and storage of large equipment will be. The barns are abutted by field and pasture on one side that is sometimes used by Fall Mountain students for their cows. It will stay as farmland and the field is hayed by Chris Gowdy. Parking will be in an area between the buildings. Much of the property is wooded.
Regarding a fence – it would start from the back side and go across beyond the small shed. There would be a fence up to the driveway. He said he would prefer not to put a gate unless it’s required. It would be a 15-foot-opening. Some areas are already wooded but one area where trees are sick and dying may need to be fenced as well.
He said the only area where people can see is in up the driveways. They are not looking at changing any of the buildings. The cost would be the fence and painting the buildings.
The company is called Cheney Hill Realty. The company that would be storing equipment is Fuzzy Brothers LLC.
Ms. Myra Mansouri said her concern was people getting onto the property. Kids get curious, she said.
Mr. B. Northcott said it is a long way into the property and to fence it off entirely would be difficult because of the terrain. He said he could post signs. The location of the house is 50 feet higher and on an old gravel bank . The barns are about 150 feet off the road. Currently if you go by you’ll see a lot of junk left from the saw mill. The person renting now is a logger so he has his skidder.
Mr. Dalessio said, anything you do will be an improvement. Painting is a good idea for a start. He also said he was not opposed to trees as a fence. Mr. B. Northcott said they could put in some Christmas trees and that would block it year round and be more pleasant to look at.
There have been a few neighbors who use the property for four wheelers, which has been bothersome. The current tenant has been good at keeping them off. “Our thought is the same as his and we don’t want four wheelers,” Mr. B. Northcott said. A ski mobile trail would be alright.
Mr. B. Northcott asked if would be appropriate to post. He doesn’t want to post the entire property but just where they are working could be posted. Board members suggested signs such as Private Property would be sufficient.
The calculated cost would be $500 – $600. There was a question whether or not a Site Plan was applicable. Mr. Miller suggested he be put on the agenda for a continued preliminary discussion about the checklist and whether or not some items could be waived. Mr. B. Northcott said he would be there.
Mr. Dalessio asked about lighting. Mr. B. Northcott said just the opposite. He taking out lighting and there would be no signage.
Mr J. Miller asked the Board if it wanted to meet the 4th Tuesday. The Board agreed and voted to have a general workshop.
Mr. Aldrich made a motion to adjourn at 8:45 pm. The motion was seconded and passed by the Board.