Zoning Board Meeting Minutes – 9/20/16

Walpole Zoning Board of Adjustment

Minutes: September 20, 2016

Walpole Town Hall

7:30 pm


Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway Leclerc, Mary Therese Lester, Judy Trow.  Alternate: Tom Murray. Absent: Bob Anderson.

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. One Board member was absent so Tom Murray was asked to fill in.


Minutes of August: Ms. Leclerc made a motion to accept the August minutes as written. Mr. Murray seconded the motion and it was approved by the entire Board.


New Business:

            Request for a Public Hearing for a Variance by Lewis Shelley, acting as rep and contractor for Tara Stuart on 1252 County Road, Map 3, Lot 21, rural/agricultural district.

Mr. Shelley said the current log garage is in disrepair and needs to be rebuilt. It would be built on the same footprint. Ms. Stuart also wants a 16-foot-by-18-foot addition on the house, which is closer than the 65-foot setback on the road side. She also would like a 4-foot-by-18-foot porch at the same location. Both the porch and addition would be 59 feet from the center of the road. Placement would not fulfill the setback requirements.

Mr. Shelley said the house was built by Paul Galloway and Jerry Galloway in 1970; a year later the garage was built. There is a berm at the edge of road that helps to disguise the house from the road. Mr. Shelley said Monadnock Log Homes is doing the addition. He is doing the finish work.

The Board said the garage may be repaired or replaced on the same footprint as the current garage. Mr. Shelley just needs a building permit. The garage will be a different style and oriented differently, but the same size.

Regarding the addition, the Board said he needed a variance regarding the setback requirements. Ms. Trow made a motion to hold a Public Hearing in October for a variance to hear the arguments regarding setback requirements. The motion was seconded and approved by the Board.


            Request for a Public Hearing for a Variance. Jeffrey Lewis property, Old Keene Road  & Hooper Road, Map 8, Lots 8 and 8-1, Residential A. Request for a Variance to have as close to a conforming lot as possible within the parameters of the property. Mr. Joe Dibernardo was speaking for Mr Lewis.

Mr. Dibernardo explained that the property was currently taxed as two lots. In the deed there are two houses but the house to the north of the property is placed near the house at the southern end of the property, not where it actually is. The house at the southern end of the property was at one time a gas station, when Old Keene Road was the main route into Walpole Village. Besides being incorrect, the deed was written in 1958 before there were zoning ordinances. Mr. Lewis inherited the property from his father and is trying to sell it but can’t before there is a survey and the deed straightened out. Mr Dibernardo has been to the Planning Board. The Board recommended going to the ZBA for a variance for the side setback, which is not 25 feet, and the lots should follow the minimum area requirements. So the map has been modified to follow lot requirements.

Ms. Lester made a motion to have a Public Hearing in October for a variance to address the side setback. Ms. Leclerc seconded the motion and it was approved by the Board.


Signage: Ms. Kim Mastrianni, president of the Great River Co-op, requested permission to put up a sign at the property between The Scoop Shop and Pinnacleview Equipment on Route 12.

The sign is the one that was previously at Tractor Supply. It is 4-feet-by-8-feet, one sided, made of vinyl, and will not be lit. There will be two wooden posts. The sign will face Route 12. It is on land owned by Bensonwood. There are not signs within 100 feet.

Ms. Mastrianni contacted District 4 at the NH Department of Transportation and spoke with both Shari King and Frank Linnenbringer. Both confirmed that no permit was required.  She reviewed the site on Google Maps with Mr. Linnenbringer. The fence is 90 feet from the center line to the fence and 78 feet from the white line to the fence. So the sign may be placed roughly 10 feet on the road side from the existing fence, approximately in line with the existing Scoop Shop sign at Edwards Lane and not infringe on the DOT setback limit of 75 feet from the center line.

The Board approved the placement of the sign. Ms. Mastrianni will fill out a Sign Application and submit the application and a picture to the ZBA after the sign is up.


Gravel Pit Inspections: Two teams submitted Gravel Pit Inspection Reports.  Ms. Leclerc and Ms. Trow visited the Joe Sawyer gravel pit and the Tim Graves gravel pit on the Westmoreland line. Ms. Leclerc said there were not problems at either one. She said they didn’t fill out the excavation part for the Sawyer pit because he hasn’t taken out anything in years.  Mr. Sawyer said at some point he may take something out of the pit. A grandfathered pit must remove earth from it every year. A grandfathered pit has to take out one truckload a year. Mr. Sawyer’s is not a grandfathered pit.

Mr. Anderson and Mr. Murray visited the Hodgkins gravel pits. Mr. Murray said at the Drewsville pit there was a very steep slope, more than the allowed grade. However, there was a Danger sign pointing out that it was a steep grade. Roger Hodgkins said that by next year that the mountain of earth would disappear.

The gravel pit at the Industrial Park on Route 12 had some high water and there was some erosion into the gravel pit. The Department of Environmental Services had inspected it and the abutting brook and said it was okay. There was a berm that protected it.  Mr. Murray said nothing had been take out of there in quite a while. A sign on a tree that says the permit expires March 31, 2017. Ms. Mansouri said DES also monitors Cold River Materials.


Matrix: A couple of cosmetic changes were made to the Matrix. The document will be titled Application Procedures. A final draft will be submitted at the October meeting. It will be given out with appropriate ZBA applications and the Selectboard will be asked to give one to people who receive building permits. The whole idea of the Matrix is to make it easier for the applicant.

Ms. Leclerc said she would like to see it be more expeditious. So if the applicant goes to the Planning Board first and a special exception is needed, the Planning Board directs the applicant to the Planning Board and at the same arranges a meeting date to recommend or not recommend the special exception on the meeting following the ZBA meeting.

A motion was made at 8:15 to adjourn by Ms. Lester. Ms. Trow seconded the motion and it was approved by the Board.


Respectfully submitted.

Marilou Blaine

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