Roll Call: Board members present: Chair Tom Murray, Clerk Pauline Barnes, Shane O’Keefe. Alternates: Myra Mansouri and Don Sellarole. Absent: Board members Vice-Chair Dave Edkins and Tom Winmill.
Also at the meeting were Walpole residents Justin Carter and Annie Ewaskio.
Call to Order: Mr. Murray called the meeting to order at 7:01 pm. Mr. Murray asked alternates Ms. Mansouri and Mr. Sellarole to fill in for the two absent board members. They agreed.
Minutes: Meeting minutes of August 2023. Mr. Murray made a motion to accept the minutes as presented. Ms. Barnes seconded the motion and the motion carried.
Joint Meeting date: Mr. Murray reminded the board of the upcoming joint meeting with the Planning Board and Executive Director Todd Horner of Southwest Region Planning Commission and Planner Carol Ogilvie next week, Tuesday, September 24, at 7pm. He said the discussion is going to stick solely on the documents sent by Ms. Ogilvie titled Table of Permitted Uses and the Draft of Potential Zoning Amendments for March 2025. There will be no discussion about drafting a zoning amendment for short-term rentals. Mr. Murray said the roles of the Planning Board, Select Board and Zoning Board are all going to change. We are going to have new duties, new roles.
Discussion of “N.H. Supreme Court Throws a Curveball in Short-term Rental Zoning Regulations,” an article in “Town and City,” a magazine published by the NH Municipal Association. The author of the article was Stephen Buckley, legal Services Counsel for the Association. July/August 2024.
Ms. Barnes read aloud a section from this article. Mr. Buckley wrote “Because` of the decision in Hoekstra, municipalities will have to carefully examine what other provisions in their zoning ordinances, intended as restrictions on use, might be interpreted instead to create permitted uses.”
Ms. Barnes said she would bring this up at the joint meeting not for the purpose of writing an amendment but to gauge if there are any “pitfalls” in our current zoning ordinances that could be immediately addressed.
Ms. Mansouri said you cannot change or add anything. Ms. Barnes said we have a permissive zoning ordinance which means if it’s not specifically addressed in the document, it is not allowed. But. the NH Supreme Court focused lately on “Additional Requirements” to determine permitted uses and if it’s worth checking into. Mr. O’Keefe said for once he agreed with her.
Inquiry about DADUs
Justin Carter lives at 64 Carpenter Hill in the rural/ag district. He said Zoning Coordinator Ernie Vose suggested he come to tonight’s meeting. His parents are now elderly and need some assistance. He is trying to determine whether he should add to the current house or consider adding a separate living space such as a Detached Accessory Dwelling Unit. His problem, he said, is that “the minimum lot size for a DADU in the Rural/Ag Zoning District is 80,000 square feet” and his property is much smaller than that. He’s trying to decide whether or not to add to the original home or somehow create a DADU by simply adding a roof connection.
The Board suggested he go back and discuss it again with Mr. Vose to help him finalize a decision. He also has the option of applying for a variance.
Gravel Pit Inspections
RSA 155-E states that all gravel pits shall be inspected yearly. The following board members will inspect the last three gravel pits in Walpole:
Tim Graves Gravel pit
Wentworth Road
Shane O’Keefe and Tom Murray
Cold River Materials
Myra Mansouri and Pauline Barnes
Hodgkins Gravel pit
Old Drewsville Road
Don Sellarole and maybe Tom Winmilll
Participants received Inspections sheets. They are due at the October 2024 meeting.
Short-term rentals
Annie Ewaskio said she came to the meeting because the topic of short-term rentals was on the agenda. Ms. Ewaskio grew up in Walpole. She returned a couple of years ago after living in New York City for several years because of the squeeze on housing. That increased the cost of rentals. She said a large part of that happened because companies such as Airbnb controlled a large number of apartments for rent as short-term rentals. She feared that could happened in Walpole.
While the board said it understood her concern short-term rental matters are now under the purview of the Planning Board and they are intending to look at the topic in 2025. Ms. Barnes suggested she attend a Planning Board meeting on the second Tuesday of the month but Ms. Ewaskio has classes on Tuesday evenings. Ms. Barnes then suggested that she write a letter expressing her experiences in New York and her fears that the same thing could happen in Walpole.
Adjournment
Mr. O’Keefe made a motion to adjourn. Ms. Mansouri seconded the motion and the motion carried. The time was 7:58 pm.
These minutes are unapproved and will reviewed at the October meeting for corrections.
Respectfully submitted,
Marilou Blaine
WPB Secretary
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