Zoning Board of Adjustment

September 17, 2025

Town Hall

7 pm

These minutes are unapproved and will be reviewed at the October meeting for corrections.

Roll Call: Board Present: Chair Tom Murray, Vice-Chair Pauline Barnes, Shane O’Keefe, William Sommer. Alternate: Don Sellarole. Absent Dave Edkins, Myra Mansouri.

Call to Order: Mr. Murray called the meeting to order at 7pm. Mr. Murray asked alternate Don Sellarole to fill in for the absent board member. He agreed. Mr. Edkins came in at 7:15 pm.

Review minutes of August 2025: Mr. O’Keefe pointed out that the August minutes didn’t have any approval. The secretary looked back at the August minutes and found that Mr. O’Keefe made a motion to approve the July minutes as amended. Mr. Edkins seconded the motion and the motion carried.

Regarding the August minutes, besides Mr. O’Keefe’s correction Ms. Barnes pointed out three typos. Mr. O’Keefe made a motion to approve the minutes as amended. Mr. Sommer seconded the motion and the motion carried.

New Business:

Kristen Burke, 68 Cold River Road, Tax Map 26. Lot 24, Rural/Ag. Add a 19-foot-by-foot-14 deck to the back of the house. The ordinance says he must put the deck 65 feet from the middle of the road which is in the front of the house. She said it was 55 feet. 

Kristen Burke came to the meeting. She said she went to the Town Offices for a building permit to add a deck to her house on Cold River Road. She was told to contact the Administrative Zoning Coordinator, Ernie Vose. He suggested going to the town web site for an application. She had filled out an application for an Appeal From an Administrative Decision. That application is for an appeal of a decision already made and was not the correct form.

Ms. Barnes asked about the age of the house. Ms. Burke said it was built in the 1940s. This meant it was a nonconforming. There was a long discussion about Article X in the Walpole Zoning Ordinances document about nonconforming uses. There were five suggestions about possibilities of things to do. As an example item “D” says “A nonconforming use may be expanded or enlarged or changed to another nonconforming use after the Board of Adjustment determines, after a public hearing, that the proposed expansion, enlargement or change will not materially increase the hazard or nuisance value of the nonconformity.”

After several minutes of discussion on nonconforming uses, it was decided to follow the Administrative Zoning Coordinator’s advice. In an email Mr. Vose wrote:

“The problem is that the deck will be on the back of the house and doesn’t change the set back from the street.

“As long as the deck isn’t too close to the rear boundary line

“”I think that a (building) permit should be granted.”

Ms. Burke has about three acres of property behind the house.

It was suggested that Ms. Burke go to a Select Board meeting next week and explain the situation and ask them for a building permit. 

Discussion of MG Building/Abingdon Spares property on South Street.

There was some talk about this property at the September Planning Board meeting and Mr. Murray said he has heard some some talk about possible buyers. Mr. Murray wanted to remind the Board that this property received a variance that had three conditions and that the conditions go with the property. The conditions were: 

1. That only the mail order business be conducted at the above location.

2. Only the existing building be utilized.

3. All business operations be conducted within the interior of the building.

Owners were Doris and Gerard Gougen. They obtained a variance from the Board of Adjustments on March 1980 to conduct a motor car parts mail order business from their premises. The property is located in Residential B district. The use was “Pick and Pack,” a mail order for auto parts. The original use of the building was a chicken coop. The minutes of that meeting say that before zoning the land was categorized as commercial. 

Adjournment

Mr. O’Keefe made a motion to adjourn. Mr. Edkins seconded the motion and the motion carried. The time was 8:50 pm.

Respectfully submitted,

Marilou Blaine

Tagged: Meeting Minutes, ZONING BOARD