Zoning Board of Adjustment
January 18, 2017
Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway-Leclerc, Judy Trow, Tom Murray. Alternate: Ernie Vose. Absent: Mary Therese Lester.
Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the February 2017 meeting for corrections, additions or omissions.
Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. Since Ms. Lester was absent, Mr. Vose was asked to take her place.
Minutes: Ms. Leclerc made a motion to accept the minutes as presented. Ms. Trow seconded the motion and it was approved by the entire Board.
The first order of business was a vote to seal the minutes of December’s Executive Session. A motion was made to seal the minutes, seconded and then passed by the entire board.
Ms. Mansouri read aloud the letter that the board sent to Ms. Patricia Rodrigues and Mr. John Corduff reading their claims about the Tim Graves Gravel Pit on Wentworth Road. The letter says:
“Zoning Board of Adjustment
PO Box 729
Walpole, NH 03608
“January 8, 2017
“Patricia L. Rodrigues
John M. Corduff
52 Old Route 12 North
Westmoreland, NH 03467
“Dear Ms. Rodrigues and Mr. Corduff:
“The Zoning Board of Adjustment, in conjunction with Town Counsel, has reviewed the letter and documents you gave the Board and read into the minutes on November 12, 2016, as well as has considered the additional information you presented to the Board on December 21, 2016. There are two pits: one is located in Walpole, and one in Westmoreland. We can only address the one that is located in Walpole.
“The regulations and permit requirements, are beyond the municipality’s authority. In accordance with RSA 155-E, the Graves’ pit meets the requirements of a “grandfathered site,” and is exempt from permitting requirements. The excavation continues on the land it planned and intended to excavate in 1989. In his excavation report the boundaries listed are the Westmoreland Town Line, B&M land and on the north and east by the Graves property. This describes the entire portion of the 18-acre tract located in Walpole. This is a continuation of his grandfathered excavation activities as allowed by RSA 155-E:2 and RSA 155-E:2 I (b).
“There have been a number of State and Federal agencies that have inspected the site and determined that it is in compliance with their requirements.
“Therefore, the ZBA has looked into this matter for you, and the above mentioned RSAs take precedent. We have no further action to take.
“Myra Mansouri, for the Board”
1.) Ms. Rodrigues was at the meeting with Mr. John Corduff. She read a letter in response to the ZBA letter. Her main point was – “you state, in your decision to consider the Graves Gravel pit still “grandfathered’ and hence, RSA 155E permit exempt, you only took into account the letter and documents presented/referenced by ourselves in our November 12, 2016 and December 16, 2016 presentations to your board – see Walpole ZBA letter to us attached, and rec’d as Walpole ZBA GravesPit StillGranfathered-010817 001.jpg
2.) We contend that your board (s), in making your decision, must also take into account other documents in the town’s possession, including the entire George Graves Revocable Trust’s AoT application – see December 16, 2013 letter confirming you received this application, as required by NHDES’ AoT application administrative rules, which is included in the application document itself, attached, and rec’s as
The remainder of the 21/2 page letter will be posted with the minutes. If anyone wishes to examine the documents she presented. They are available at the select board office.
In addition to the letter, Ms. Rodrigues also read from the RSA 155-E- the introduction and number 1, (a) and (b) and (e). The exemption from local zoning or site location regulations as stated in subparagraph (a) shall include the quarrying or crushing of bedrock for the production of construction aggregate; provided, however, that no owner shall, after August 4, 1979, permit any such quarrying or crushing of bedrock to occur for the first time on any excavation site without first obtaining a permit therefore under this chapter.
She brought a map that she said marked the areas of illegal expansion.
After almost 45 minutes, Ms. Mansouri thanked Ms. Rodrigues for her documents and said they will be distributed to the board and that the board would get back to her.
Mr. Vose that Mr. Graves had all his permits in place. Mr. Graves, who was at the meeting with his wife and daughter, said yes and that the blasting was required by the Department of Environmental Service to divert stormwater and he was not removing bedrock.
Ms. Mansouri passed out copies of the new additions to the Right-to-Know law that have recently gone into effect and pointed out that at the end of the document there is a worksheet that the secretary can fill in step-by-step as the meeting proceeds. Those include:
The names of those present
The specific reason for the nonpublic session
The time entered into nonpublic session and the time that the board comes out of nonpublic session
The name(s) of any person(s) present other than the board
A description of matters discussed
The final decision made
Motion to leave nonpublic session
Motion: Passed/ Did not pass
Nonpublic meeting tape removed, public meeting tape replaced (if applicable).
Public session reconvened at ………
Motion made to seal these minutes?
Roll Call Vote to seal minutes – list names
Motion Passed/ Did not Pass
These minutes recorded by: ……………..
The ZBA has been working on a Matrix to the Application Process for certain variances and special exceptions that must be voted on by the ZBA and recommended by the WPB. It was presented to the Planning Board at last week’s meeting. Randal Walter, head of design for Bensonwood, was at the meeting and offered a couple of very good changes.
The one that was incorporated was to add – “Go to Planing Board and Request a Public Hearing for a Site Plan Review.” This was the first step on the left after “yes.”
Ms. Mansouri said there were some streets in town that have been renamed but are not listed in the Zoning Ordinance manual and that they would begin looking through the manual to put these new street names on a petition on the warrant for 2018.
A motion was made to adjourn, seconded and passed by the board.