Walpole Planning Board
Tuesday, November 8, 2016
Presiding Members: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary), Dennis Marcom, Jeff White, Steve Dalessio (Selectboard Representative). Alternate: Edward Potter. Absent: Jason Perron and Joanna Andros.
Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the December 13, 2016 meeting for corrections, additions and/or omissions.
Meeting Opened: Mr. J. Miller called the meeting to order at 7:02 pm.
Roll Call: One board members was absent so Mr. Potter was asked to fill his space.
Minutes: Approve October and workshop minutes: Mr. Marcom made a motion to approve the regular meeting minutes for October and the October workshop minutes as written. Mr. Aldrich seconded the motion and it was approved by the Board.
Public Hearing 1
Lewis Jeffrey property. Lot Line Adjustment. Old Keene Road and Hooper Road. Map 8, Lots 8-8-1 and 8-8. Residential A Zoning District. One lot will now be 8-8-1, 1.67 acres with 489.63 feet of frontage on Old Keene Road and lot 8-8 will be 6.74 acres with 264.39 feet of frontage on Hooper Road.
Mr. Joe DiBernardo represented Mr. Jeffrey. He explained that there was a problem with the deed for one lot in that it didn’t include an existing structure on the property. So he was proposing to adjust the boundaries so it includes the d house. The hatched area on the map is where the description of the deed describes the house but the house is actually located quite a bit south of this point.
Mr. DiBernardo proposed to make the lot larger and also conform to current zoning regulations so Mr. Jeffrey can sell the lots. The Lot Line Adjustment creates two conforming lots and also corrects an incorrect deed. Mr. DiBernardo said the property also requires a variance for a setback and that he was going to the Zoning Board of Adjustment next week. He was seeking conditional approval for the Lot Line Adjustment.
Ms. Lucy Weber, an abutter, asked if the outside boundary would stay the same and Mr. DiBernardo replied it would. The Lots will be 8-8-1 and 8-8.
Mr. J. Miller said the intent is to make this a conforming lot.
An abutter who said he came here having no background on the matter, wanted to know what was being asked of him. Mr. J. Miller was told that this was standard procedure. Neighbors were notified by certified mail that something was happening at an abutting piece of property. If the abutter had any questions he could come to the meeting and ask questions. He had not further questions.
The Public Hearing was closed. Mr. J. Miller asked if there was motion to approve the Lot Line Adjustment as presented. Mr. Aldrich so moved. The motion was seconded by Mr. Marcom and approved by the Board with the condition that the Zoning Board of Adjustment approves the variance.
Request for a Public Hearing for a subdivision in December for Woodstone Co., 1162 Main St., North Walpole, Industrial District. Owners are J. Barton Elliott Jr. and H. Jay Eshelman 3rd. One lot into two lots. Map 27, Lot 8-2. Lot 1 would be 3.11 acres with 267.66 feet road frontage. Lot 2 would be 3.89 acres with 216.06 feet road frontage.
Mr. DiBernardo said currently there is a 50 foot right-of-way between the two lots used for access. There is another 50 foot right-of-way north of Lot 2, reserved for Roland and Sheldon Scott. A 20 foot right-of-way exists for the use by Katherine Gay. Both lots meet all the setback requirements,
Mr. Aldrich made a motion to approve Mr. DiBernardo’s request to have a Public Hearing in December. It was seconded and approved by the entire board.
Public Hearing No. 2.
Discuss a petition to create a new zoning ordinance for Detached Accessory Dwelling Units in the Town of Walpole. The petition would be placed on the March 2017 warrant and the townspeople will vote to accept or not accept the petition.
Selectboard Representative Steve Dalessio explained that this petition was something that the Planning Board had been working on for a couple of months. This is a hearing, Mr. Dalssio said, and it was now time, he hoped, “to hear” and get “feedback” from the public.
He read each word of Draft 7 of the petition and the audience commented and asked questions. The section of the petition that received the most reaction from the audience was:
“The minimum lot size shall be 5 acres.”
Ms. Marcia Galloway said 5 acres is “overdone.” When Mr. Dalessio asked if she would suggest a number, Ms. Galloway said an acre, a minimum building lot in Walpole.
Ms. Peggy Pschirrer supported Ms. Galloway’s comment on 5 acres. She said she lived in the Village and did not have five acres, yet she did have a garage that could be turned into a very nice detached accessory building. She realizes that she would have to go to the ZBA for a special exception.
Mr. Rich Francis asked if there was a possibility that the size of the lot should be 5 acres in the agricultural zone. Mr. Dalessio said it is possible to have two separate lot sizes for different areas. Mr. Francis said he would actually prefer 10 acres for rural/ag. Mr. J. Miller said 10 acres would exclude a lot of areas in town.
Mr. Dalessio said the idea of the accessory building is to support the primary residence.
Another comment was that there is a density issue for the town in the Village. If all of sudden it’s one acre, it becomes more viable for everybody. Density should be considered.
Mr. J. Miller said that the audience also should remember that it is detached, not attached. Already in town you can have a single-family home turn into a two-or-three family apartment. It’s a separate building.
Ms. Pschirrer said she also thought Walpole’s zoning law for Attached Dwelling Units should look like the new law that goes into effect in June 2017 – that’s RSA 274 72. Anywhere there is a single-family you may attach another dwelling and it does not have to be limited to family. It can be rented, she said. There has to be a connecting door between the two. The owner of the property must live in one of the dwellings.
Mr. Dalessio said our current zoning doesn’t reflect the state law and something must be added to the current zoning that makes it clear that Attached Dwelling Units must comply with the new RSA.
However, if the town remains silent, it is still the law, Mr. J. Miller said.
Mr. David Howell asked if this had to be accepted at Town Meeting. Mr. J. Miller said, “Yes, in March.” Mr. Howell added, “So there a political component.”
Ms. Lynne Cook said the picture in rural-agricultural district is so different that in the Village. Mr. Dalessio agreed and said maybe something can be worked out about that.
Ms. Jan Galloway-Leclerc said you’re telling the people in rural-ag that it can’t be one acre when in another district it may be one acre. Mr. Dalessio said, “you’re right, It doesn’t look fair.”The Board will look at this.
1-B. The maximum area of the dwelling would be 900 square feet. Mr. Dalessio said if you have a 1200 square foot barn, you would have to go to the ZBA for a special exception.
1-C. No more than three bedrooms. Mr. Dalessio said the idea was that we wanted to discourage subdivision.
1-D. The DADU must be no more than 150 feet from the primary dwelling.
Mr. Tom Crouse asked, what if someone had a barn 300 feet away. Mr. Dalessio said you would have to go to the zoning board. Why 150? Mr. Crouse asked. Mr. Dalessio replied, “You have to start somewhere, pick a number.”
Mr. Marcom added that it would be unusual in New Hampshire to find a barn more than 150 feet away from the main house.
No. 3, Mr. Dalessio said, we are trying to keep things up to code and not just slap something up in a barn or garage.
No. 4. That rule came from a number of towns. The intent is you don’t have to have separate utilities in each place except for the electrical panel.
No. 5 Ample parking for both units so cars would be parked in the streets.
No 6. Don’t want radically different architectural style and the dwelling must be pleasing to the eye. This is to keep continuity.
No. 7 The owner should occupy either the principal dwelling or the detached accessory dwelling unit. An owner-occupied dwelling is usually better taken care of. No. 7 is important so we don’t get a lot of out-of-state landlords, Mr. Dalessio said.
Mr.Crouse asked if the language could reflect that it may be a person’s legal residence but the that resident has gone away for six months or a year.
Mr. Dalessio said it should be worded such that a temporary lapse of owner-occupied is alright. It would take care of those snow-birds. That might be suitable. We have to go back and look at this and modify that sentence somewhat to include the snow-bird issue.
It was decided that this month’s workshop will include finalizing the language of the petition as well as the scheduled appearance by Mari Brunner of Southwest Region Planning Commission to discuss Complete Streets. The workshop meeting will be held on Tuesday, November 22, 201 6 at 7 pm in the basement conference room.
Another Public Hearing will be held on the petition on December 12, 2016 at the Town Hall at 7 pm.
James Aldrich made a motion to adjourn. The motion was second and passed by the board.
cc: WPB, Town Offices, The Walpolean
Posted: Inside Town Offices, on the bulletin board outside Walpole Grocery, http://www.walpolenh.us
Draft 7 of the Petition will be posted alongside these minutes at the bulletin board outside Walpole Grocery and copies may be found at the selectmen’s office inside the Town Hall.