The Walpolean

Walpole Planning Board

Town Hall

Tuesday, Janurary 10, 2017     

Presiding Members: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary),  Dennis Marcom,  Jason Perron, Jeff White, Steve Dalessio (Selectboard Representative). Alternate: Edward Potter. Absent: Alternate Joanna Andros. 

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the February 2017 meeting for corrections, additions and/or omissions.

Meeting Opened: Mr. J. Miller called the meeting to order at 7:00 pm.

Roll Call: All the board members were present so no alternate was needed to fill in.

Minutes: Mr. Marcom made a motion to approve the December Amended minutes. The motion was seconded and approved by the entire board.

Public Hearing No. 1:

            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.

            This was the third and last hearing.

Selectboard representative Dalessio said there had been one change to the document –

1- E.”Occupancy of the accessory or principal unit is limited to family members related by blood, marriage, adoption, foster children or, if unrelated, not more than two (2) unrelated individuals.” Also, at the end of the document, the following has been added to reference the current RSA: Under Section XVII, P.  Add “A one-or-two family dwelling will share the same foundation per lot.” Effective June 1, 2017 Attached Dwelling Units are to comply with RSA 674:71 – RSA 674:72 If you want to read the petition, it is posted on the outside bulletin board at Walpole Grocery and in the Town Offices.

Board Vote: Later in the meeting Mr. Aldrich made a motion to recommend the petition be put on the 2017 warrant. A board member seconded the motion and the board unanimously approved it.

New Business:

            Bensonwood: Discussion of additions for former Scoop Shop at 9 Edwards Lane, Route 12, Commercial District. Map 12, Lot 4-3. Request for a Public Hearing. Mr. Tom Hancock will represent Bensonwood.

Mr. Randall Walter, head of design for Bensonwood, represented Bensonwood at the meeting instead of Mr. Hancock. Mr. Walter said that Bensonwood has continued to annually upgrade the property at 9 Edwards Lane, formerly The Scoop Shop. The Bensonwood proposal is to update the property per the site plans that were approved in 2010 and 2013 regarding some interior work, possibly an outdoor pavilion and upgrade the dirt parking lot in back of the building. The upgrading of the parking lot would consist of lighting and paving.

Mr. Walter said he assumed Bensonwood could go ahead with project since the property was previously approved for serving food, not just ice cream, a few years earlier. The parking lot improvement was also approved in a previous site plan review.

Mr. Walter said the Scoop Shop has only been closed for about four months, not even a year so he didn’t see why they needed a new site plan review. Mr. Miller said it was an ice cream shop, and so it’s a change of use. Mr. Walter said it isn’t a change of use. Change of use can have other connotations. Mr. Miller said then it’s a change of plans. There hasn’t been any food served there since the plan was presented a few years ago.

Mr. Miller said Mr. Dalessio had another concern they were working there without a permit.

Mr. Miller said that the site plan has to be revisited after a three-year lapse and that even though they once had a permit, it too lapses after 1 year. He felt they needed a new site plan. Mr. R. Miller said he thought the board should have a look at what they are planning instead of going back to 2010, 11 and 12.

Mr. Dalessio asked about a drive-thru and Mr. Walter said there is no drive-thru, it just a covered roof for the service entrance.

Mr. Miller asked what was going on out back. Mr. Walter said Hodgkins was grading the parking lot before a deep freeze set in and stanchions for lighting were being put in. Mr. Miller seemed to be okay with this type of work being done once a permit had been issued.

Ms. Mansouri asked about how close to the lot line is to the parameters of the parking lot. Mr. Miller said he thought about 20 feet.

Mr. Walter said there would be a change of tenants. The new tenants are Chris and Caitlin Caserta of Valley Farms, Walpole. They plan to have a Farm-to-Table type restaurant and plan to use local produce.

Mr. Walter requested a Public Hearing for next month, February. The board voted to approve the Public Hearing for Bensonwood in February.

Central Plating Property, Map 20, Lots 65 and 66, lot owned by the Westberg family who have offered the lots to the town.

The Central Plating property is behind Mascoma Bank and is near Ruggles and Hunt. The property has been offered to the Town and that means that the Walpole Planning Board and Conservation Commission must approve this transaction.

However, there are problems with the land. It is a Brownfield property. The town has coupled with Southwest Regional Planning Commission who has agreed to test the land on the property. It will be the second time they have done so. They did a testing in 2015 but it has expired and there are new regulations. Ranson Engineering will assist as they did before.

A cleanup proposal must be approved by state and federal agencies. It is only after their approval that the  Town of Walpole will accept the property. Once that approval is given, it relieves the town of any liability of that property.

The first step is to have it tested. The second step is to have a rehabilitation plan in mind and the third step would be to have the Town of Walpole accept the property. Once any cleanup is completed, the intention is to turn that area into more parking for the downtown area.

The town will apply for a grant , which will be done by the SRPC. The early estimate is for remediation is $200,000 and the town has to meet that grant amount by 20 percent. The town is already lining up some external funding, Mr. Dalessio said. It shouldn’t cost the town any money except to buy the property for $1.

Mr. Dalessio said he expects it will take 50 weeks to complete the testing. He was looking for support from the Planning Board for the project and in the future will ask for a letter of recommendation. RSA 41:14 says that the Planning Board and Conservation Commission must recommend this type of project.

What’s the liability of landowner? Mr. J. Miller asked. He will be relieved of the liability as well, Dalessio said. Why hasn’t he been forced to clean it up years ago? Mr. Miller asked. Mr. Dalessio didn’t know why. The business was formed in the ‘30s or 40s when there was no zoning ordinances or other oversight.

Mr. Ray Boas asked if that meant neither the owner nor the town will have to pay for cleanup. Mr. Dalessio said that is correct. There is plenty of cleanup money available, he said.

Mr. Dalessio said his biggest concern is that there is still some contamination there.

Will this include the garage? Mr. Boas asked.  Mr. Dalessio said the garage will be demolished.

Select board member Ms. Peggy Pschirrer and someone from SWRPC are the Brownfield committee and Southwest is putting up the initial $30,000 for the testing. A motion was made by a Planning Board member to support the project. The motion was seconded and unanimously approved by the board.

ZBA Matrix or Flow Chart

The Planning Board got a chance to look at the Matrix the Zoning Board of Adjustment has been working on for several months. The purpose of the matrix is to help applicants who need a variance or a special exception navigate the application process, which can mean going to both the ZBA and WPB in certain circumstances.

Comments were positive and board members agreed that this type of flow chart was needed. Board members congratulated Ms. Mansouri on a good job. The document will be given to any applicant needing a variance or special exception and maybe a building permit.

Mr. James Aldrich made a motion to adjourn, the motion was seconded and approved by the board.

Respectfully submitted,

Marilou Blaine

Are you in favor of the following changes to the Town’s Zoning Ordinance?

Add under Article IV General Provisions Section O Detached Accessory Dwelling Unit as
permitted under RSA 674:73 (Effective June 1, 2017)

1. One Detached Accessory Dwelling Unit (DADU) shall be allowed in all zoning districts that permit single-family dwellings. The following requirements apply:

1. No change in frontage or setbacks shall be required for a DADU, however, the minimum lot size for any given Zoning District shall be the following:

• Residential District Type A minimum lot area shall be 80,000 square feet
• Residential District Type B minimum lot area shall be 50,000 square feet
• Rural/Agricultural minimum lot area shall be 80,000 square feet
• Timberland not permitted

1. The maximum area for a Detached Accessory Dwelling Unit shall be 900 square feet of living space. A larger living space may be permitted by a variance granted by the Zoning Board of Adjustment.

1. No more than Three (3) bedrooms may be permitted in a Detached Accessory Dwelling Unit.

1. Detached Accessory Dwelling Unit must be within 150 feet of the principal dwelling unit.

1. Occupancy of the accessory or principal unit is limited to family members related by blood, marriage, adoption, foster children or, if unrelated, not more than two (2) unrelated individuals. (See 3C for maximum occupancy.)

2. The Detached Accessory Dwelling Unit may be within separate detached building on the property
   (such as a garage or barn).

3. Unless otherwise provided for herein, all existing regulations applicable to single family dwellings shall also apply to the combination of a principal dwelling unit and detached accessory dwelling unit, including the following:.

• the state building code
• applicable sections of the state fire code
• the standards for maximum occupancy per bedroom consistent with policy adopted by the United States Department of Housing and Urban Development

4. Adequate provisions for water supply and sewage disposal for the detached accessory dwelling unit in accordance with RSA 485-A:38 shall be demonstrated by the applicant. Separate systems,
   including but not limited to plumbing, heating, electrical and sanitary disposal systems, are not
   required for the principal and detached accessory dwelling unit provided that occupants of both units have access to the electrical panel and circuit breakers serving their respective units.
5. All applications to create a detached accessory dwelling unit shall demonstrate to the Zoning Board of Adjustment that the property has ample parking for both the principal unit and DADU.
6. When the creation of an DADU requires an addition to or modification of the exterior of the
   existing detached structure, or the creation of a new detached structure, the architectural design and details to be used shall be aesthetically compatible with and maintain an aesthetic continuity with the principal dwelling unit as a single-family dwelling.

• An addition to or exterior modification of an existing detached structure shall be designed to match within reason the architectural style, detail, and materials of the existing structure.
• When constructing a new detached structure to accommodate an DADU, the exterior design
  may either reflect the architectural style, detail, and materials of the existing single family
  structure, or it may reflect the architectural style, details and materials that are commonly
  found in detached accessory structures associated with a single family dwelling, such as a
  barn, or a garage with apartment over.

7. The owner of the property shall occupy either the principal dwelling unit or the detached accessory dwelling unit as their “Principal Place of Residence.” Whichever dwelling unit is not the property owner’s principal place of residence may be rented to a person(s) unrelated to the property owner.

1. The owner shall demonstrate to the Select Board that one of the units is his or
   her “Principal Place of Residence” prior to issuance of a Building Permit by the Select Board for the accessory dwelling unit.

1. The term “Principal Place of Residence” for purposes of determining owner occupancy
   shall mean the location where the property owner is domiciled and has a place of abode,
   and the location where the property owner has, through all of his or her actions,
   demonstrated a current intent to designate said residence as his or her principal place of
   physical presence.

Such an intent on the part of the property owner is evidenced by, among other things, his or her voter’s registration, vehicle registration, driver’s license, or the placement of his or her children in local public schools.

Any temporary lapse of owner occupancy in the primary residence caused by the death of a property owner shall be permitted for a period not to exceed 1 year.

1. The property owner shall submit to the Select Board a signed and notarized
   “memorandum of adequate notice”, to be recorded at the registry of deeds at the applicant’s expense.

1. The notice shall identify the property on which the detached accessory dwelling unit is located by source deed, and serve as a notice to successor owners that the accessory dwelling unit is subject to the provisions of this section of the zoning ordinance, and that owner occupancy of one of the two units is required by this subsection. This notice shall be recorded upon issuance of a Building Permit.

1. If the owner of the property is a trust, the term “property owner” shall mean the creator or beneficiary of the trust. If the owner of the property is a corporation, the term “property owner” shall mean the principal stockholder.

Under Section XVII,  P. Add after “A one or two family dwelling will share the same foundation per lot.”
Effective June 1, 2017 Attached Dwelling Units are to comply with RSA 674:71 – RSA 674:72
Poroposed

WALPOLE PLANNING BOARD AGENDA

TOWN HALL

Tuesday, January 10, 2016

 7 pm                           

Roll Call – Appointment of alternates if needed

Minutes – Review minutes of the December meeting meeting.

New Business:

            Bensonwood: Discussion of additions for Scoop Shop at 9 Edwards Lane, Route   12, Commercial District. Map 12, Lot 4-3. Request for a Public Hearing. Mr. Tom Hancock will represent Bensonwood.

Old Business:

            Public Hearing No. 1

            Continuation of discussion of a petition to create a zoning ordinance for Detached      Accessory Dwelling Units. Possible vote to place the petition on the March 2017 warrant.

Mr. Kaplan – Stowell Lane, off of Old Drewsville Road. No frontage.

ZBA’s matrix – to go with Special Exception – Marilou will explain how it works

Next meeting Tuesday, February 14,  2016.

Marilou Blaine reported thatThere has been a slight addition to the December minutes, The intro and one paragraph from Mr. Lennon‘s letter was not included in the minutes. – Lil

Walpole Planning Board

Town Hall

Tuesday, December 13, 2016

7:00 pm

Presiding Members: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary),  Dennis Marcom,  Jason Perron, Jeff White, Steve Dalessio (Selectboard Representative). Alternates: Edward Potter and Joanna Andros. 

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

Meeting Opened: Mr. J. Miller called the meeting to order at 7:00 pm.

Roll Call: All the board members were present so no one was needed to fill in.

Minutes: Approve November meeting and workshop minutes: Mr. Perron made a motion to approve both the regular meeting minutes and the workshop minutes as written. Mr. Aldrich seconded the motion and it was approved by the Board.

Public Hearing No. 1:

Subdivision 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, who was representing both companies, said the property abuts Len-Tex, Dunning Corp. and the property owned by Greg Gay. There are buildings on both properties. One has one building and the other has a building with additions.

Mr. DiBernardo said the subdivision follows all the current regulations for property in an Industrial District in North Walpole. Each lot has a setback of 60 feet from the center line of any right-of-way and 20 feet on the sides and rear boundary.

There are several right-of-ways: one for Roland and Sheldon Scott, one for Katherine Gay, New Telephone and Telegraph, one for the Village Water District.

Mr. J. Miller asked if there were any questions. Mr. Charlie Lennon from Len-Tex Corp, an abutter, asked about use of the buildings.

Mr. J. Miller said the a subdivision does not consider how the property will be used but if it follows the ordinance for subdivisions. A question of use would be under the purview of the Zoning Board of North Walpole.

Mr. Lennon said he was concerned about section P of the Ordinance. Mr. Lennon asked that the following letter be put into the minutes. It says,

“Walpole Planning Board from Charlie Lennon, Len-Tex Corp. 12-13-2016 – Public Hearing for Subdivision Proposed by Woodstone, Main St., North Walpole.

“Woodstone Co. has proposed subdividing their property into two lots, 1162 and 1164 Main St. If this proposal is being evaluated against the “Land Subdivision Control Regulations. Town of Walpole, New Hampshire,” I would like to remind the Board and Woodstone Co. about Section IV., paragraph P., which states:

“P. The proposed subdivision shall conform to any Zoning Ordinance of the Town of Walpole or any precinct in which the subdivision is located.

“If the subdivision is approved, I believe that it will create a property consisting of land and buildings located at 1162 main St. that is well within the Industrial District as defined in the Zoning Ordinance of the Village of North Walpole. Should this property then become used for commercial purposes, instead of manufacturing, or industrial purposes, this would violate the letter of the Zoning Ordinance, and I expect would not be permitted to operate in this manner.

“It is the intention of Len-Tex Corporation to insist that the north Walpole Zoning Board of Adjustment enforce the requirements of the Zoning Ordinance, and protect it from any attempt to weaken or circumvent it. We have a substantial investment in the Industrial District, and want to protect the value of our real estate.”

Later in the meeting Mr. Aldrich made a motion to approve Mr. DiBernardo’s request as presented. The motion was seconded by Mr. Marcom and approved by the rest of the 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.

Mr. J. Miller said that there had been a Public Hearing last month on this petition and there had been some minor revisions made at a workshop meeting late in November.

Mr. Dalessio read from Draft 8, the most recent draft. Draft 8 has been posted on the bulletin board outside the Walpole Grocery and has been available to the public on the shelf outside the selectboard’s office.

The main change was lot size from 5 acres to double the current size of lots in Residential A and B lots and lots in rural/agricultural. For example, the size of a lot in Residential A is 25,000 square feet. It would have to be 50,000 for a DADU.

Mr. DiBernardo asked why not say acres. Mr. Miller said that the Zoning Ordinance is written in square feet, not acres.

After explaining each of the sections of the two-page document, Mr. Dalessio said that he thought something about accessory dwellings was going to be included,

Also, Mr. Marcom had concerns about the wording of 1-E – “ Occupancy will be limited to two (2) unrelated individuals.” It was decided that, since the Board has time for one more Public Hearing, that Mr. Dalessio will write something to include accessory dwellings in the final draft that will make Walpole’s Zoning Ordinance conform to the RSA that goes into effect June 2017 and Mr. Marcom and Mr. Perron will figure out the correct wording for 1-E.

The final two people on the agenda, Ms. Tindell Haskell did not show up, nor did Ms. Patricia Rodrigues.

Respectfully submitted,

Marilou Blaine

Walpole Planning Board

Town Hall

Tuesday, December 13, 2016

7:00 pm

Presiding Members: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary),  Dennis Marcom,  Jason Perron, Jeff White, Steve Dalessio (Selectboard Representative). Alternates: Edward Potter and Joanna Andros. 

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

Meeting Opened: Mr. J. Miller called the meeting to order at 7:00 pm.

Roll Call: All the board members were present so no one was needed to fill in.

Minutes: Approve November meeting and workshop minutes: Mr. Perron made a motion to approve both the regular meeting minutes and the workshop minutes as written. Mr. Aldrich seconded the motion and it was approved by the Board.

Public Hearing No. 1:

            Subdivision 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, who was representing both companies, said the property abuts Len-Tex, Dunning Corp. and the property owned by Greg Gay. There are buildings on both properties. One has one building and the other has a building with additions.

Mr. DiBernardo said the subdivision follows all the current regulations for property in an Industrial District in North Walpole. Each lot has a setback of 60 feet from the center line of any right-of-way and 20 feet on the sides and rear boundary.

There are several right-of-ways: one for Roland and Sheldon Scott, one for Katherine Gay, New Telephone and Telegraph, one for the Village Water District.

Mr. J. Miller asked if there were any questions. Mr. Charlie Lennon from Len-Tex Corp, an abutter, asked about use of the buildings.

Mr. J. Miller said the a subdivision does not consider how the property will be used but if it follows the ordinance for subdivisions. A question of use would be under the purview of the Zoning Board of North Walpole.

Mr. Lennon said he was concerned about section P of the Ordinance. Mr. Lennon asked that the following letter be put into the minutes. It says, “P. The proposed subdivision shall conform to any Zoning Ordinance of the Town of Walpole or any precinct in which the subdivision is located.

“If the subdivision is approved, I believe that it will create a property consisting of land and buildings located at 1162 Main St. that is well within the Industrial District as defined in the Zoning Ordinance of the Village of North Walpole. Should this property then become used for commercial purposes, instead of manufacturing, or industrial purposes, this would violate the letter of the Zoning Ordinance, and I expect would not be permitted to operate in this manner.

“It is the intention of Len-Tex Corporation to insist that the North Walpole Zoning Board of Adjustment enforce the requirements of the Zoning Ordinance, and protect it from any attempt to weaken or circumvent it. We have a substantial investment in the Industrial District, and want to protect the value of our real estate.”

Later in the meeting Mr. Aldrich made a motion to approve Mr. DiBernardo’s request as presented. The motion was seconded by Mr. Marcom and approved by the rest of the 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.

Mr. J. Miller said that there had been a Public Hearing last month on this petition and there had been some minor revisions made at a workshop meeting late in November.

Mr. Dalessio read from Draft 8, the most recent draft. Draft 8 has been posted on the bulletin board outside the Walpole Grocery and has been available to the public on the shelf outside the selectboard’s office.

The main change was lot size from 5 acres to double the current size of lots in Residential A and B lots and lots in rural/agricultural. For example, the size of a lot in Residential A is 25,000 square feet. It would have to be 50,000 for a DADU.

Mr. DiBernardo asked why not say acres. Mr. Miller said that the Zoning Ordinance is written in square feet, not acres.

After explaining each of the sections of the two-page document, Mr. Dalessio said that he thought something about accessory dwellings was going to be included.  Also, Mr. Marcom had concerns about the wording of 1-E – “ Occupancy will be limited to two (2) unrelated individuals.” It was decided that, since the Board has time for one more Public Hearing, that Mr. Dalessio will write something to include accessory dwellings in the final draft that will make Walpole’s Zoning Ordinance conform to the RSA that goes into effect June 2017 and Mr. Marcom and Mr. Perron will figure out the correct wording for 1-E.

The final two people on the agenda, Ms. Tindell Haskell did not show up, nor did Ms. Patricia Rodrigues.

Respectfully submitted,

Marilou Blaine

cc: WPB, Town Offices, The Walpolean

Posted: Inside Town Offices, on the bulletin board outside Walpole Grocery, http://www.walpolenh.us

The final draft of the Petition will be posted alongside these minutes at the bulletin board outside Walpole Grocery and copies may be found at the selectboard’s office inside the Town Hall.

WALPOLE PLANNING BOARD AGENDA

TOWN HALL

Tuesday, December 13, 2016

                        7 pm                           

Roll Call – Appointment of alternates if needed

Minutes – Review minutes of the November meeting and November workshop meeting.

Old Business:

Public Hearing No. 1

Subdivision for Woodstone Co., 1162 Main St., North Walpole, Industrial District., owners are J. Barton Elliott Jr. and H. Jay Eshelman 3^rd. 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 218.06 feet road frontage.

Public Hearing No. 2

Continuation of discussion of a petition to create a zoning ordinance for Detached Accessory Dwelling Units. Possible vote to place the petition on the March 2017 warrant.

Informational meeting:  Tindell Haskell of Stowell Lane, off of Old Drewsville Road, has some questions about abutting property on the west side of the road. The land is currently in current use, but there is a possibility of a home being placed on the property. Naturally, the property would have to be taken out of current use, but her questions were about the road, which she and her husband have been maintaining, a possible nearby conservation area, and drainage which often washes out an area nearby. The road may be class 6.

Next meeting Tuesday, January 10,  2016.

Cc: PB, Town Offices, Walpolean.

Minutes posted: Town Hall Lobby, Outside bulletin board of Walpole Grocery, Walpole

Walpole Planning Board

Tuesday, November 22, 2016

Workshop Meeting

7:00 pm

Present:  Chair Jeff Miller, Vice-Chair Robert Miller, Secretary James Aldrich, Jason Perron, Dennis Marcom, Jeff White. Alternate: Joanna Andros.

Absent: Steve Dalessio. Alternate: Edward Potter.

The discussion focused on the outcome of November’s Public Hearing on the Petition about Detached Accessory Housing Units to be presented to warrant at the annual 2017 Town Meeting. These were the items about which residents had the most concern. Here is what the Board decided.
Mr. Dalessio would add something at the beginning of the petition about Attached Accessory dwellings.

The word minimum should be written out.

The Board decided a one-acre lot was not large enough. Instead, the Board decided to double the size of the lot for each of the Zoning Districts.

A. No change in frontage or setbacks shall be required for a DADU, however, the minimum lot size for any given Zoning District shall be the following:

1.) Residential District Type A – minimum lot area shall be 80,000 square feet:
2. Residential District Type B – minimum lot area shall be 50,000 square feet.
3.) Rural/Agricultural  – minimum lot area shall be 80,000 square feet
4.)Timberland – not permitted

A provision E. was added to No. 1.

E. Occupancy will be limited to two (2) unrelated individuals..

Add “Not to exceed one year” to the final No. 8 stipulation.

Mr J. Miller didn’t think there should be anything added about snowbirds. He felt the description of the rules for a resident  (A resident is a resident if he’s a registered voter etc.) covered a person being away from his/her residence for a period of time.

The petition must be posted in two places by December 2.  There will be another Public Hearing on the Petition on Tuesday, December 12, 2016 for further discussion of the language of the petition. If there is no significant change, it will be placed on the warrant as written and with the above changes.

Southwest Regional Planning Commission

 Mari Brunner of the SRPC came to start a monthly discussion about the streets of Walpole and analyze their uses and how they might be changed or be improved. Considerations include flexibility, costs, maintenance, implementation steps and performance measures. Residents who are interested in this project may join in the monthly discussions, which begin Tuesday, January 24, 2017, in the basement conference room in the Town Hall.

Walpole Planning Board

Town Hall

Tuesday, November 8, 2016

7:00 pm

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.

Respectfully submitted,

Marilou Blaine

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.

Please be aware that the meeting will be held upstairs because it is Election Day and downstairs will be busy. – Lil

WALPOLE PLANNING BOARD AGENDA

TOWN HALL

Tuesday, November 8, 2016

                           7 pm                           

Roll Call – Appointment of alternates if needed

Minutes – Review minutes of the October meeting and October workshop meeting.

Old Business:

Public Hearing No. 1

Lot Line Adjustment: Lewis Jeffrey, Hooper Road and Old Keene Road, Map 8, Lots 8 and 8-1, residential A. Lot 8 and 8-1 will be 1.67 acres with 489.63 feet of road frontage on Old Keene Road and Lot 8-8 will be 6.7 acres with 2.64.39 feet of road frontage on Hooper Road.

New Business

Request for a Public Hearing in December for Woodstone in North Walpole for a Lot Line Adjustment.

Public Hearing No. 2

Discussion of a petition to create a zoning ordinance for Detached Accessory Dwelling Units. Possible vote to place the petition on the March 2017 warrant.

Next meeting Tuesday, December 6, 2016.

Walpole Planning Board

 Workshop Minutes

Tuesday, October 25, 2016

Town Hall

7 pm

Present: Chair Jeff Miller, Vice-Chair Robert Miller, James Aldrich, secretary,Jason Perron, Dennis Marcom, Jeff White,   Absent: Steve Dalessio (Selectboard Representative),  Alternates: Joanna Andros, Ed Potter..

The meeting was held to discuss Draft 6 of a petition on Detached Accessory Dwelling Units.

The process will be the following:

There will be a Public Hearing at the regular November Planning Board meeting (November 8, 2016) to discuss changes to the petition, which is now Draft 6. If there are changes to Draft 6, another Public Hearing will be held at the Planning Board’s regularly scheduled meeting in December. If the Draft 6 is approved as written, it will be placed on the March warrant to be voted on by townspeople.

Most of the discussion focused on the items under No. 1 – lot size and dwelling size. The draft suggests a minimum of five (5) acres and the maximum area of the dwelling of 900 square feet. Should the lot size be smaller and the dwelling size larger?

Mr Marcom will combine Items No. 3 and 5.

There were two typos: In 1 A – there should be the word “an” before ADU; In No. 3 the word is “to” not too.

The next meeting will be held on November 8, Election Day, so the Planning Board will meet upstairs. Copies of Draft 6 will be on the counter outside the Selectboard’s office and in The Walpolean.

Respectfully submitted,

Marilou Blaine