The Walpolean

Walpole Planning Board

September 13, 2016 Minutes

Walpole Town Hall

7 pm

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

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the October 11, 2015, meeting for corrections, additions and/or omissions.

Meeting Opened: Mr. J. Miller called the meeting to order at 7:05 pm.

Roll Call: All board members were present so no alternates were called to fill in.

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

Old Business:   

Voluntary Merger – Sidney Craven, Map 22, Lot 16, 100 North Road LLC. Mr. Joe Dibernardo explained that the town considers this property for tax purposes as one tract but the deed, as the map shows, considers it as two tracts of land. Currently, there is a property line going through a portion of the garage. The deed is being rewritten to consider these two tracts as one. There will be a new deed. They are both owned by the same person. These parcels may no longer be separately transferred without subdivision approval and will henceforth be known as Tax Map 22 Lot 16.

The owners will file a new deed and record the plan and that should straighten out the legalities. It’s been one lot for 40 or 50 years, Dibernardo said.

Mr. Marcom made a motion to accept the Voluntary Merger. Mr. Perron seconded the motion and it was approved by the Board.

New Business:

Lewis Jeffrey wants to do a boundary line adjustment of his father’s property on Old Keene Road and Hooper Road.

Louis Jeffrey inherited the property from his father and it’s two lots now and he wants to sell it. There are two houses on it. There are two separate deeds for these two tracts. One deed incorrectly describes the land on one of the tracts and mixes up   the land putting the house to the north on land where the little red house is. The difference between the buildings is only 49 feet.

What Mr. Dibernardo wants to do is correct an already existing lot.

You can’t create a lot that lot that is non-conforming so you’ll probably need a variance, Mr. J. Miller said.

Mr. R. Miller asked if the deed was written before there was zoning. He asked if it was before March 1968. Mr. Dibernardo wasn’t sure. Mr. J. Miller remembers it being there when he was a kid. Mr. Aldrich remembers it as a gas station that also sold 10-cent-cokes. He used to ride his bike there. Mr. Dibernardo is going to check when the deeds were written.

Mr. J. Miller said to clarify things, you should go to the ZBA for a variance and make it into two conforming lots. The lot size would conform and it’s only half a foot short of the required current setback ordinance. There is sufficient road frontage. It is on the main route into Walpole – Old Keene Road. It is in the residential B zoning district. This is a preexisting condition.

Mr. Dibernardo requested a public hearing contingent on the outcome of his variance with the zoning board. A motion was made by Mr. Aldrich for a Public Hearing in November. It was seconded by Mr. J. Miller and approved by the Board.

Lot Line Adjustment, Map 20, Lot 59, 19 Elm Street LLC The LLC wants to annex .02 acres from Lot 58. Request for a Public Hearing. Raynie Laware is representing the LLC. It’s just a sliver between the two lots but the LLC wants it straightened out.

Mr. Marcom made a motion to hold a Public Hearing in October. The motion was seconded by Mr. Perron and approved by the Board.

Playground – Members of the playground committee raised almost $90,000 for new equipment. They wanted to know if they needed permission to have a volunteer group put it together on the last weekend in September and a dedication sometime in October. It was determined there was no need to involve the Planning Board. Good luck playground committee.

Workshop: The Board decided the monthly workshop should be on Wednesday, September 28, at 7 pm because the Horse Thieves Society meeting was on Tuesday, September 27.

Respectfully submitted,

Marilou Blaine

Walpole Planning Board Workshop Meeting

Town Hall

August 23, 2016 Minutes

7 pm

Present: Chair Jeff Miller, Vice-Chair Robert Miller, Jason Perron, Dennis Marcom, Jeff White. Alternates: Ed Potter, Joanna Andros. Absent: James Aldrich, Steve Dalessio. Zoning Board: Myra Mansouri, Jan Leclerc and Bob Anderson.

In September 2015, the NH General Court amended a subdivision regulation dealing with Accessory Dwelling Units. Walpole’s zoning ordinance already complies with the new regulations, but the issue has stirred a large concern among some residents. Maybe it’s due to a recent decision from the Zoning Board regarding a detached dwelling unit. Maybe there’s more of an interest in older people wishing to stay in their homes for a longer period of time. Maybe the people of Walpole want something different.

In anticipation of the meeting, Selectman Steve Dalessio prepared a draft of what a new ordinance might look like. The draft was simply a jumping off place to start the discussion.

The discussion at the workshop covered everything from density to definitions of a dwelling and building. Nothing was decided and it should be remembered that this a work in progress and the wording of every part of the ordinance is extremely important.

Here are some things that were discussed:

Density: An example of this problem was brought up when one person spoke about one residence in the village that started out as a single-family residence and over a period of time now has three apartments with a potential for a barn being converted into two more apartments. What was once a home to one family is now a home to several families or individuals, each with their own cars. Besides all the people, there are lots of cars and not enough parking. So now there are cars spilling over onto the street. That’s a density problem.

The density in the village also impacts water and sewer compared to the country where certain size septic systems are required by law depending on the number of bedrooms.

So, should there be a minimum amount of acreage where detached accessory buildings are allowed? The draft said 3 acres, but some argued it should be five or more. But would it be unfair to limit these building in a particular district, asked another?

What’s the difference between a building that’s attached or detached? What’s to prevent a detached accessory unit that was intended for a caregiver or visitation space for extended family from becoming rental income?

What should the regulations be for a detached accessory unit? Should a detached accessory unit limit it to a bedroom and bath and not a kitchen? Can the accessory unit be rented? Suppose I just want a place for my extended family and friends to visit once in a while? What do I call that space? What can be allowed in that space? What about a caregiver? Who controls who lives there? How do you enforce it?

If someone has 5 acres or more, should the person subdivide rather than keeping two buildings on one lot? How many accessory units could you put one five-acre lot?

What is a dwelling? Is it a place where a person or people live? If there were two buildings on one lot what kind of relationship should there be between the people sleeping in both places?

Should there be a family tie or can it be, or does it have to be a commercial relationship?

Suppose there were no kitchen facilities – no refrigerator etc. – just a bedroom and bathroom. Is this a dwelling? But who is going to check to see that it doesn’t have a microwave or a college-size refrigerator. Would that now make it a dwelling?

Another person thought the solution to density would be limiting it to two unrelated people living in a detached accessory building.

But, some warned, the town has to be careful and figure out the reason for a detached accessory building. Is it to create more space to be rented?

And when it comes to apartment dwellers, do they have a stake in the community? Do they have an interest on what affects the town, how it grows? Just filling property with people isn’t the answer, another said.

Some people want to age in place, want space for friends and family to visit. Some things you can do right now. Some you can’t. That person thought there was a need for detached accessory units.

There is “in town” and “out of town.” In town there is no space to build except maybe over a garage.

Someone else said that a dwelling is not a guest house or another bedroom in another building. It’s a place that is supportive of the family in the main house. It supports the main dwelling.

Another had a concern that there is no way to control who is living there. It may start out as a place for grandparents or grown children but it may change down the road.

It depends on size of lot and what you can put on it, another said. In town it is much more obvious when it is getting crowded, for example, too many cars in a yard. Out in the country, you may not even see the accessory building because of the size of the lot. No one’s going to see that. It won’t even be noticed.

It may be how you define it. It could be part of the family function. A space to have family for an extended period of time. It’s family support.

How large should ADUs be. You can require an ADU to be have one bedroom., but, by law, it cannot be less than 759 square feet.

You can’t limit it to family only but you can limit it by putting a number of how many people can live there.

A lot of the regulations are already in place, such as septic and building requirements that take into consideration terrain, said one board member. We don’t need to over regulate this.

You can see this is a complicated issue. This is only the beginning. Part of the charm of Walpole is its size. Over the last 60 years the population has increased by only 800 to 900.

There will be further discussion on this topic. The draft was a starting place. Here it is.

One Accessory Dwelling Unit (ADU) shall be allowed in all zoning districts that permit single-family dwellings and on any parcel where only one existing, legally conforming single family dwelling already exists. The following requirements apply:

1. The minimum lot size shall be 3.0 Acres and no change in frontage, or setbacks shall be required beyond what would be required for a single-family dwelling without ADU.
2. The minimum area for an Accessory Dwelling Unit may not be less than 400 square feet nor more than the greater of 750 square feet or 30% of the gross living area of the principal unit, not including unfinished spaces such as but not limited to unfinished attics or unfinished basements.
3. No more than Three (3) bedrooms may be permitted in an Accessory Dwelling Unit.
4. Properties that are grandfathered to current zoning requirements and are considered non- conforming shall be exempt from the lot requirements set forth (A) and minimum building size   shall be 200 square feet.
5. The Accessory Dwelling Unit may be within or attached to the principal dwelling unit or may be within separate detached building on the property (such as a garage or barn).
6. 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 an accessory dwelling unit, including standards for maximum occupancy per bedroom consistent with policy adopted by the United States Department of Housing and Urban Development.
7. For an ADU that is located in the same building as the primary dwelling unit, an interior door shall be provided between the principal dwelling unit and the accessory dwelling unit, but there is no requirement that the interior door shall remain unlocked.
8. Adequate provisions for water supply and sewage disposal for the accessory dwelling unit in accordance with RSA 485-A:38 shall be demonstrated by the applicant, but separate systems, including but not limited to plumbing, heating, electrical and sanitary disposal systems, are not required for the principal and accessory dwelling units provided that occupants of both units have access to the electrical panel and circuit breakers serving their respective units.
9. When converting an existing structure or a portion of an existing structure to an ADU or constructing a new addition or detached structure to create an ADU, compliance with applicable sections of the state fire code and state building code shall be required.
10. All applications to create an accessory dwelling unit shall demonstrate to the Zoning Board of Adjustment that the property has ample parking for both the principal unit and ADU.
11. When the creation of an ADU requires an addition to or modification of the exterior of the existing single family home or 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.
12. An addition to or exterior modification of an existing single family home or detached structure shall be designed to match the architectural style, detail, and materials of the existing structure.
13. When constructing a new detached structure to accommodate an ADU, 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.
14. The Planning Board under Minor Site Plan review shall be responsible for reviewing and evaluating architectural designs for compatibility prior to issuance of a building permit by the Select Board.
15. The owner of the property shall occupy either the principal dwelling unit or the 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 .
16. 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.
17. 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 reasonable period of administration.
18. 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. The notice shall identify the property on which the 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. 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.

To be continued….

Respectfully submitted,

Marilou Blaine

Walpole Planning Board

Walpole Town Hall

August 9, 2016, 2015 Minutes

7:00 pm

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

Recording: These minutes are unapproved and will be reviewed at the August 2015 meeting for corrections, additions and/or omissions.

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

Roll Call: Five members were present at the time of roll call, which was sufficient for a quorum. Mr. Potter walked in shortly after the minutes were accepted as written, so he was asked to sit as a board member. Mr. Perron and Ms. Andros arrived a few minutes later.

Minutes: Mr. Dalessio made a motion to accept the July minutes as written. The motion was seconded and passed by the board.

Old business:

            Public Hearing No. 1. Aquilla and Shirley Gorton, Lot Line Adjustment. Town Map 8,          Lots 118 and 118-1 in the rural/agricultural zone.  Lot 118-1 is 10.9 acres and will have .1 acre annexed from Lot 118 to make a total of 11 acres. Frontage 250 feet on Kingsbury Road. 

Mr. Gorton explained what he planned to do by using a map. Originally, the lot was 10.9 and he wanted to increase it to at least 11 acres. The lot is mostly surrounded by family-owned property with the exception of two abutters. The dotted line showed where the extra land would be taken, making Lot 118-1 now 11.03 acres. Mr. Marcom asked if the road shown on the map was Kingsbury Road. Mr. Gorton said it was.

Mr. R. Miller asked if there were any questions or comments. There being none, Mr. Miller closed the public hearing. Mr. Marcom made a motion to approve the Lot Line Adjustment as stated. The motion was seconded and approved by all at the meeting.

Fuzzy Bros. LLC, special exception recommendation. Ben Northcott. Map 13, Lot 34-5,             rural/agricultural district. Change of use. The Fuzzy Brothers want to use the property to repair and store large earth-moving equipment. Fuzzy Bros received conditional approval from the ZBA. There were three conditions:

That they store and repair only Fuzzy Bros equipment.

That they plant trees so passers-by cannot see the equipment.

That they receive a recommendation from the Planning Board.

Mr. Ben Northcott distributed pictures of existing conditions of the property. He said he was not planning on changing very much. He would paint the barn and do some driveway work. Things that had been neglected were being fixed, but there were going to be no major changes.

The land is a subdivision. a five-acre section of what was a larger piece of land. There would be two barns being used – the large red one and another one – for shop space and repair. The other buildings are basically sheds, he said. He will use the area behind the buildings as storage mostly during the winter months..

Mr. Dalessio asked what the special exception was for. Mr. Northcott said change of use in rural ag.

Mr. Marcom noted the three ZBA conditions. Mr. Northcott said he would plant trees between the barn and the driveway and some of the few treeless spots that are viewable from the road.                       

Mr. Aldrich said he wouldn’t go out of his way to plant all those trees. There are other places in town where equipment like his can be seen from the road. There’s a junkyard on Valley Road that doesn’t have trees. “I think this is an undo hardship. It’s going to be a hardship on Fuzzy Bros. who can only work on their own equipment.” If a neighbor’s tractor breaks down, why can’t they fix it? If a piece of the Highway Department breaks down, it might be cheaper to have them fix it. I think the Zoning Board is overstepping its bounds by putting hardships on people coming before their board. “

Mr. Northcott was asked about fixing only Fuzzy Bros. equipment. “I don’t know,” he said. “ I assumed if a family member’s car broke down, we could fix it.”

Mr. Dalessio said, “Not according to the special exception. This is the problem with these types of special exceptions.”

“Anyway, it’s not enforceable,” Mr. Aldrich said. “Who’s going to monitor it. …….This is where the Zoning Board is stepping out of bounds.”

Mr. Dalessio said to Mr. Northcott that he could go back to the Zoning Board to clarify what he can do. The trees, he said, were actually something the Planning Board had suggested.

Mr. Northcott said, “I don’t have any problem with the trees. We have plenty of equipment to move trees and we have plenty of trees there. It’s not as if we’re going to go out and buy trees.

Mr. Marcom asked, “So you don’t see that, as respect to the trees, as a hardship?.” Mr. Northcott said no.

Mr. Miller asked, How close are your nearest neighbors? Mr. Northcott said it would probably be the Pickerings across the street. On one side is pasture. Later he said the area where we will be working is about 200 feet from the road and they would not be working out front on the property but behind or in the barn.

Anything that Ben does to that property would be an improvement, Mr. Dalessio said. Mr. R. Miller said but he was just looking at the map and didn’t personally know the property. It’s cleaner now than it has been in years, Mr. Dalessio said.

Mr. Dalessio made a motion to request a non-binding recommendation to the Zoning Board. It passed 6-1 , with Mr. Aldrich saying no.

2.

New Business:

Voluntary Merger – Sidney Craven, Map 22, Lots 16, 100 North Road LLC transferred.

Mr. Dalessio and Mr. Marcom were wondering what the two lots were that were being merged. There is only one mentioned in the document that was provided and there was no one at the meeting to explain. The Voluntary Merger was passed over.

Walpole Fire Department: Additon to their building on the side abutting the Chocolate          Factory.

Mr. Dick Hurlburt explained the addition and gave out pictures of the fire station. The colored ones were the current facility; the black and white show the addition.

By statute, municipal buildings are exempt from site plan review so the building committee heard about the addition and just want to know what the fire dparrtment was going to do. The Board appreciated someone from the fire department taking the time to explain the addition.

Mr. Hurlburt said it would be on the north side of the buidling. – the one next to the chocolate factory – and eveything would match what was already there – the brick, the trim, the roof pitch. The reason for the addition is that the fire department has seven (7) trucks and sometimes the one that’s needed is stuck between two other trucks. Work on the additions is starting on Thursday.

Zoning Board Conditions: Ms. Myra Mansouri, chair of the Walpole Zoning Board, said that we don’t make conditions just to make conditions. This is what people who come to Board request. In one of the latest meetings that conditions were made was a person was appearing for a special exeption to get a firearms license. He requested those conditons, Ms. Mansoouri said.

So these were his conditions, Mr. R. Miller asked. Ms. Mansouri answered yes.

Mr. Dalessio said he wanted to reprhase that. He didn’t ask for them to be conditons. He simply made statements during the meeting and the Board imposed or read them as conditions.

Ruggerio appeal: A court meeting held this week was to hear an appeal for an amendment to the Ruggerio appeal. The appeal was about the petition that was passed in March. Mr. Dalessio said the meeting was to combine the two appeals, one for denial of the site plan and one for the amendment on the petition. Mr. Dalessio said this consolidates the two cases. He said it was routine and took only a few minutes.

Detached Dwellings: There was spirited discussion of the pros and cons of detached dwellings and where these dwellings should be allowed in the town. Some agreed that lot size in the village made it difficult to have detached housing on those lots. But other situations, where there are many acres, may be ideal. The topic will be revisited.

Workshop: A workshop was scheduled for Tuesay, August 23 at 7 pm in the basement conference room.

Respectfully submitted,

Marilou Blaine, secretary

Walpole Planning Board

Town Hall

July 12, 2016 Minutes

7 pm

Presiding: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary), Steve Dalessio (Selectboard Representative), Dennis Marcom, Jeff White.

Alternates: Ed Potter.

Absent: Board member Jason Perron, alternate Joanna Andros.

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

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

Roll Call:  One Board member was absent so alternate Ed Potter was asked to sit  in.

Minutes: Mr. R. Miller made one correction to the June minutes – correcting the regular meeting date to June 14, 2016. A motion was made to accept the amended June 2016 minutes and the workshop minutes. The motion was seconded and the board unanimously agreed.

Old Business:

            Public Hearing: First Congregational Church of Walpole, Lot Line Adjustment, Map 20, Lot 75, commercial  district, will receive as a donation a 58.5-foot-by-123-feet-parcel of land at the west end of Lot 80 from Walpole Chocolate LLC and add it to the east end of Lot 75, First Congregational Church property.

Dr. Charles Shaw represented the church. He said the church had been negotiating for the property for three years, first from the Cashels, secondly from the Burdicks and now from the new owners of the Walpole Chocolate LLC.

The parcel is 6,000 square feet and 58.5 by 123 feet. There is a line of trees that defines the lot. As there were no questions, Mr. J. Miller closed the Public Hearing. Mr. Ed. Potter made a motion to accept the Lot Line Adjustment as described. Mr. Aldrich seconded the motion and it was approved by the Board.

Ben Northcott representing Fuzzy Brothers Excavation LLC.

            The property is at 15 Sawmill Lane and Mr. Northcott plans to renovate a barn to be used to repair large earth-moving equipment. He also plans to plant some trees along a line of trees, filling in the bare spots, to shield the equipment from the road and to store equipment on the property during the winter.

There was a question of whether or not  Mr. Northcott needed a Site Plan Review at this time since he will not now be spending money to renovate the barn.

A special exception hearing is planned with the Zoning Board of Adjustment for next week so he can operate this business in a rural/agricultural zone. So Mr. Northcott also needs a Public Hearing for a nonbinding recommendation on the Special Exception from the Planning Board. Mr. Northcott requested one for next month – August. The Board agreed..

            New business: Mr. Dalessio said he would like a discussion at the next meeting about applicants submitting PDFs of their maps so all Board members have copies before the meeting.

Walpole Planning Board

 Workshop Meeting

Tuesday, June 28, 2016

7:00 pm.

Present: Members Chair Jeff Miller, Vice-Chair Robert Miller, Dennis Marcom, Jason Perron, Jeff White, Steve Dalessio, Selectboard Representative.

The discussion included two topics: The Planning Board Appeal by Len-Tex Corporation and recent Zoning Board meeting Public Hearing for a Variance for an accessory building.

Mr. R. Miller read a section on Additional Notices from “The Planning Board in New Hampshire; A Handbook for Local Officials.” “Additional Notices throughout the deliberation and review process, the planning board must keep all of the interested parties informed of any meetings at which the application will be considered. Separate notices are not necessarily required each time an application is to appear on the planning board agenda if “continuity of notice” is maintained by one of the following methods.

“The initial notice may state that the application will be on the planning board’s agenda for each   regular meeting until a decision is made. The notice should include the Board’s meeting schedule.

“If no decision is reached, the board announces at the adjourned meeting the date, time and         place of the meeting where the application will be taken up again.”

Respectfully submitted,

Marilou Blaine

Walpole Planning Board

Town Hall

May 10, 2016 Minutes

7 pm

Presiding: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary), Steve Dalessio (Selectboard Representative), Dennis Marcom, Jason Perron, Jeff White.

Alternates Absent: Ed Potter and Joanna Andros.

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

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

Roll Call: There was a quorum of members so no one was needed to fill in.

Minutes: Mr. R. Miller made one correction to the April minutes – Mr. J. Miller called the April meeting to order, not Mr. R. Miller. A motion was made to accept the April 2016 minutes and workshop minutes as amended. The motion was seconded and the board unanimously agreed.

Old Business:

            Public Hearing continued: Greg Gay, Map 27, Lot 3, wants to construct a 9,000 square-foot building for storage and restoration of antique automobiles. Industrial district, North Walpole. New documents.

Mr. Miller said that the board had received information on all the questions asked of Mr. Gay at the last meeting. He was referring to questions the Board asked him to get answers to before today’s meeting. It included a letter from North Walpole Fire Department, drawing of the building, letter from the Department of Environmental Serves, a letter from the North Walpole Zoning Board and waivers for the no answers on the checklist. All the information was dropped off at the Town Offices.

Mr. Dalessio asked if there had been a public hearing for a special exception on the matter. Mr. Gay said he spoke with Mr. John Foster, the chair of the North Walpole Zoning Board, and Mr. Foster said he had to come before the Planning Board first. The letter from Mr. Foster stated that Mr. Gay had been approved to build his building in the Industrial District in North Walpole.

Regarding the right of way, Mr. Gay said, his attorney said that when researching the property, there was no notation of an easement in 1987 when the land was in foreclosure.

Mr. J. Miller had a conversation with an attorney at the NH Municipal Association about the right of way and he said the site plan should be judged on whether the condition of the property is suitable for its intended use. He said that the right of way is an abutter issue and not in the purview of the Board. It’s up to the abutters to work this out.

Mr. Marcom said that means if there is a difference between the landowner and the abutters then it has to be resolved between the two. Mr. J. Miller agreed.

A diagram of the building and a landscape diagram was also provided. Mr. Gay said.

Mr. J. Miller asked if there was any further discussion.

Mr. Donald Lennon asked if he could comment. Mr. J Miller allowed him to comment. Mr. D. Lennon gave the Board copies of what their lawyer, Mr. Gary Kinyon, wrote regarding the word tabled, which was used at the April meeting.

Mr. Kinyon‘s point was that  “New Hampshire law does not permit the Board to reopen the public hearing on the Site Plan Application at tonight’s meeting because the Site Plan Application was tabled without a new date at the April meeting.”

The planning board agenda said that the Gay public hearing was a continuation. There was some discussion of the word “tabled” but it was decided that the Board asked Mr. Gay to get answers to a number of concerns the Board had and that the Board would resume discussing them at the May meeting.

A copy of Mr. Kinyon‘s letter will be attached to the minutes of this meeting. There will be a copy in the selectboard’s office.

Mr. D. Lennon said that the abutters had no knowledge of the new documents and that according to their attorney, abutters needed to be notified and a new public hearing scheduled.

“That’s Gary’s opinion,” Mr. J. Miller said.

Mr. D. Lennon continued that the issue is and it is their contention that Mr. Gay‘s usage of the property in North Walpole does not conform to the zoning usage in the industrial zone of North Walpole.

Mr. Gay said that doesn’t affect how the Planning Board should make its decision, which is different than a zoning decision.

The North Walpole Zoning Board operates a little bit differently than the Walpole Zoning Board, Mr. J. Miller said. A letter to approve the building in the Industrial District was written by Mr. John Foster, the chair of the North Walpole Zoning Board. He continued that the Walpole Planning Board is looking at the site plan for that district. That is what and only what the Board is looking at. If the North Walpole Zoning Board is okay with it, that’s up to North Walpole.

Mr. Charlie Lennon asked if the abutters could look at information that has been presented and noted that he hadn’t seen anything. It’s new information.

Mr. J. Miller said the Board asked for information and the information was given and it was here. It was public knowledge.

Mr. Dalessio said once new information has been presented the abutters have a right to know what that information says.

“We reserve the right to appeal anything that has been done,” Mr. D. Lennon said. “Our attorney said this starts the process over again.”

Mr. J. Miller said, “It doesn’t start the process over again. It is public information….it’s a continuation of the hearing. We asked for information, we looked at it and we have to go on from here.

Mr. Marcom said he was of two minds. On the one hand the Board received the information it requested and on the other the abutters have the right to see it.

Mr. J. Miller said in the past the Board hasn’t had a new hearing when new information was supplied. The information was supplied to the Board so it could make a decision. Otherwise, the Board would have to have a continual public hearing. This is a continuation of the last meeting and the Board lets the person present the information.

Mr. J. Miller continued. “It’s semantics. We asked for information, we got  it.” If the process continued, there would never be a stop. “We discuss information on whether it’s suitable or not suitable among the Board. If the Board feels the answers are satisfactory then the Board can go ahead and make a decision. It is public information and you have access to it. You can always appeal the process. This could be a never ending thing.

Mr. Perron said the Board doesn’t send out information. “It’s available.”

Mr. J. Miller asked Mr. Gay if he wanted to present the information again. The map of the building and grounds was displayed and he repeated what had been said before. Mr. Gay said all the information regarding the checklist were included in the site plan – the dimensions of the building, a picture of the back, roof, steel frame. Insulation in the walls, no windows, color white with blue trim.

The questions from the fire department and police and confirmation of environmental concern have been answered. There is another plan showing just the size of the building.

The engineer, Mr. Michael Marquise, said there are no wetlands on the property and the soil types are noted.

Mr. Gay said he had contact with NW fire department and the building will be sprinkled and a Knox box at the building. DES said the land is not contaminated. A rendering of what the building would look like, including the heights, was included.

Mr. J. Miller asked for the question to be called. Mr. J. Aldrich made a motion to accept the site plan as presented. The motion was seconded and the motion was passed unanimously.

            Public Hearing: Minor subdivision Allyson’s Orchard:  Map 5 Lot 2, New lot 2-12,   rural/agricultural, one lot into two lots. Lot sizes –  second lot will now be Lot 2-12 and will be 23. 09 acres. The original lot is 68 acres.

Mr. Joe Dibernardo, the surveyor explained it was a two-lot subdivision. There were two little lots on the property 2-1 and 2-2. One would be merged into the original lot and the other would be merged into the new lot, now called 2-12. The new lot would be 23.09 acres with 566.1 feet of frontage

The property is on Wentworth Road across from the Orchard.

Mr. J. Miller asked if there were any more questions. There being none Mr. R. Miller made a motion to accept the subdivision. The motion was seconded by Mr. J. Aldrich and the motion passed unanimously.

New Business:

            Eric Frink of 131 Merriam Road is coming before the Board because he has applied            for a federal firearms license. Mr. Terry Soucy, an investigator for the Bureau of Fire              Arms, Alcohol and Tobacco, suggested Frink come to the Zoning Board and request a            special exception from the Zoning Board. He is having a public hearing for a special              exception this month and he needs a recommendation from the Planning Board.

Mr. Frink said the he was seeking a federal firearms license and he had to prove that he had a business with a business address. He planned to sell firearms only to family and friends. There would be no advertising, no inventory, no sign, no retail space in his house.

He had rules he must follow, the same as a gun shop. He had a background check. He must keep records. He repeated he was only going to sell to friends and family and that there would not be people walking up to the house to buy guns.

There was a lot of discussion on whether or not he needed to go to the zoning board at all and it was questionable why Mr. Frink needed a special exception from the Zoning Board. In the end Mr. J. Miller said that that was in the purview of the Zoning Board.

Ms. Myra Mansouri, chair of the zoning board, was in the audience and said that a Mr. Terry Soucy contacted her. He is an investigator for the department that issues firearms licenses. He said Mr. Frink needed to show he was a business. It wasn’t the typical home business – hairdresser, lawyer etc. it was a retail business, in the rural/agricultural district so he would need a special exception.

Mr. Aldrich said he can order a gun and have it shipped to the Alstead gun shop and then pick it up. That’s being transferred. This isn’t Mr. Frink‘s livelihood. It’s a hobby

Mr. J Miller said he had to have a site plan review and a public hearing held. A motion was made, seconded and passed that a public hearing would be held in June. Mr. Frink is having his special exception meeting before the zoning board next week.

Other business:

Mr. Jonathan Watson at 594 Drewsville Road owns a 1.8-acre lot on Cold River Road that is steep and no one would be able to build a house on it. He said he was paying taxes for a buildable lot and asked if he could merge it with his house across the street. Since you can’t merger property when there is a road running between the two, the lot stands on its own.

He was advised to go to the Town Offices and talk to the employees there about getting the form for an abatement. After he filled it out, it would be decided by the selectboard.

Accessory buildings and signs

Mr. R. Miller went to a meeting sponsored by Southwest Regional Planning Commission. The meeting discussion was about accessory building and signs. Mr. Miller handed out information about new rules concerning these two subjects.

It was decided that there would be no workshop meeting this month.

Respectfully submitted,

Marilou Blaine secretary.

WALPOLE PLANNING BOARD AGENDA

TOWN HALL

Tuesday, May 10, 2016

                           7 pm                           

Roll Call – Appointment of alternates if needed

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

Old Business:

                Public Hearing continued: Greg Gay, Map 27, Lot 3, wants to construct a 9,000 square-foot building for storage and restoration of antique automobiles. New documents.

Public Hearing: Minor subdivision Allyson’s Orchard:  Map 5 Lot 2, New lot 2-12,   rural/agricultural, one lot into two lots. Lot sizes –  second lot will now be Lot 2-12 and will be 23. 09 acres. The original lot is 68 acres. Frontage for both lots is well within requirement.

New Business:

Mr. Frink of 131 Merriam Road is coming before the Board because he has applied for a federal firearms license. Mr. Terry Soucy, an investigator for the Bureau of Fire Arms, Alcohol and Tobacco, suggested Frink come to the Zoning Board and request a special exception from the Zoning Board. He is having a public hearing for a special exception this month and he needs a recommendation from the Planning Board.

Maybe Mr. Northcott for a request for a public hearing for a site plan review.

Next meeting Tuesday, June 7, 2016.

Walpole Planning Board

Town Hall

April 26, 2016

 Workshop Minutes

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

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

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

Application process: The board will receive all pertinent information about an application before the meeting. Mr. R. Miller said he had been on the board for 21 years and this was the first time he had seen the application and checklist before the meeting. These are important documents, Mr. Miller said, and it gave him time to think about what was in the application prior to the meeting.

Mr. Aldrich, Mr. Marcom  and Mr. Perron said the same thing and they agreed that they wanted this practice to continue. It was thought that taking a closer look at the checklist may be a good topic for a workshop, as well as the procedure for waiving an item on the checklist. 

Southwest Regional Planning Workshop: Mr. R. Miller signed up to attend the meeting on April 27, that the Southwest Regional Planning Commission was hosting about recent developments that may impact communities. The first is about Accessory Dwelling Units that Gov. Maggie Hassan signed this spring. The bill requires that all municipalities must allow, in all districts that permit single-family residences, one attached unit by right, special exception or conditional permit.

The Walpole Zoning Ordinance regarding accessory buildings is Article XVII A. Accessory Building means a building subordinate to the main building on the lot and used for purposes customarily incidental to those of the main building. A dwelling means a building of common foundation. A one-or-two-family dwelling will share the same foundation per lot.

The second topic is about sign ordinances. This was a NH Supreme Court decision that says language on a sign cannot be regulated by municipalities. The meeting will be held at the Historical Society of Cheshire Count, 246 Main Street in Keene at 6:30 pm.

Mr. R.  Miller will report back to the board about what was discussed at the meeting.

Town Attorney: When can the Planning Board have the town attorney at a meeting? Must a motion be made at a meeting and voted on? Can the board make a list of questions to ask the attorney and have him answer them? If an applicant or an abutter opposing an applicant has an attorney at a public hearing and a board member wants an explanation about what the attorney means, what should a board member do? 

Solar panels and storage containers: The secretary recently has had inquiries about solar panels regulations. The town has no regulations regarding solar panels with the exception of boundary setbacks and getting a building permit? Should it? If so what should the regulations be. 

How many storage units on someone’s property is too many? Acworth had this question on their warrant this year. Could this happen in Walpole? Perhaps the board needs to look at this further. 

These are two items which may come up in the future. Board members asked Mr. R. Miller to check with Ms. Lisa Murphy of SWRPC and ask if there are any towns who have solar and storage unit regulations and what those regulations say.

How much time does the board have to review an application? According to “The Planning Board of New Hampshire: Handbook for Local Officials,” a complex applicant can take many meetings for the board to review. In addition, an applicant may have difficulty completing requirements set by the planning board. In either case, the 65-day period for the planning board to vote on an application may be extended in one of the following ways as provided in RSA 676:4,I (I).

The applicant and the board can agree to an extension for a set period of time. 

The applicant and board can agree to halt the running of the review for a set period of time i.e.     “stop the clock,” until necessary material is prepared and submitted.

The planning board can request an extension of time from the board of selectmen or town/city     council. Such an extension cannot exceed one additional 90-day period.

Any extension of time or delay in the process should be carefully documented in the records of the planning board and in writing to the applicant.

Lighting: One member asked about lighting ordinances. Then he asked about the new Hubbard Park sign and said the lighting was shining upward. Another complaint was that the Jiffy Mart has also one light shining upward.

New Handbook: Mr. R. Miller, at one point in the meeting, referred to a 2015 handbook about RSAs and regulations that planning board members could refer to. Mr. Aldrich asked about it and  Miller said there was a box of them in the selectman’s office. The secretary will get them and distribute them at the next meeting.

Respectfully submitted,

Marilou Blaine

Walpole Planning Board

Walpole Town Hall

April 12, 2016 Minutes

7 pm

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

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

Meeting Opened: Mr. R. Miller called the meeting to order at 7:04 pm.

Roll Call: The Board elected officers for the next year. Chair Jeffrey Miller, Vice-Chair Robert Miller, James Aldrich Secretary. Motions were made and seconded to re-elect these officers. Jeff White was voted to replace Kelley Hicks until the end of her term in 2017 and Jody Andros was appointed as an alternate.

Minutes: Mr. Marcom made a correction on the March 8 minutes, changing the word wet to west on the first page. A motion was made to accept the minutes that were amended and to accept the minutes for the two workshops and executive session.

Old Business:

            Greg Gay wants to put a 9,000 square foot building on Lot 8-1, Map 27 in the Industrial District of North Walpole for storage and antique car restoration.

Mr. Dalessio said the Board had a drawing of the water and sewer hookup and an email from Mark Houghton stating that the access was approved for a connection after the application and payment is received. Mr. Dalessio said it had to be approved by the North Walpole commissioners.

Mr. J. Miller said he had a document stating that the Commissioners of the North Walpole Village District and the North Walpole Water operator have agreed to allow Mr. Gregory Gay to hook up to the Village water pipe line at 8 Len-Tex Lane.

Mr. Dalessio then said that condition had been waived.

Mr. J. Miller asked North Walpole Commissioner Ms. Barbara O’Brien if the use Mr. Gay was requesting had been approved by the North Walpole Commissioners. Ms. O’Brien said yes.

Mr. Gay said he guessed the Board wanted to know how his plan would affect the community. He said that there would be only 2 vehicles a day coming and going into the building so there wouldn’t be a traffic problem and the building would be enclosed by a fence. There would be no noise, no pollution. Most of the tools would be for automobiles – wrenches, screw drivers and a small welder. – the basics that might be in a two-car garage. He is planning on storing 25 antique vehicles.

Mr. Gay said he might wash cars occasionally outside but there was plenty of room for the water to drain. The drive is 21 percent impervious.

Mr. J. Miller asked about the building. Mr. Gay said it would be a steel frame and a metal building with a hot water boiler, radiant flooring, one large garage door and two smaller doors and no windows.

Mr. White asking if he would be painting cars. Mr. Gay said no, maybe some touch-ups but not spray painting.

Mr. Dalessio asked about the fire department report. It had to be clearer what he intended to do. Mr. Gay said he had not decided on where to put the Knox boxes and he was told he didn’t need to have the building sprinkled.

Mr. Dalessio said he thought if a building was 5,000 square feet it needed to be sprinkled. He suggested Mr. Gay check the building specs to see what the manufacturer of the building required.

A Board member asked about setbacks. The setbacks from the sides of the building are alright but what about the 65-foot setback from the center of the road. Mr. Michael Marquise, the engineer on the project, that the setback was well over a 100 feet.

Mr. Gay said there was lighting at the garage door and on two sides with no more than a 45 degree angle. There would be no spill of light to adjoining properties.

Mr. R. Miller asked about landscaping. Mr. Marquise said there would be drainage and rain gardens to collect water and certain plants that absorb water. There is a list of plant selection on the plans, he said. The selections lists native species such as Joe Pye Weed and certain ferns.

Mr. Aldrich asked about Len-Tex Lane. “Is it a deeded right of way.” Mr. Gay said yes and that it was on his deed.

The Public Hearing closed at 7:20 when Mr. Gary Kinyon asked if he could make a statement. He is a lawyer who represents the abutters Len-Tex Corporation. He said that the Planning Board had two jobs: one was to determine completeness of the application and the other was to approve or not approve the site plan. Before the Board can make that decision the application had to be complete.

In his opinion, the application was incomplete, Mr. Kinyon said. First, this site plan is not permitted in North Walpole under the zoning regulations for an Industrial District and he had no application for a special exception or a variance.

He read Article VI of the Zoning Ordinances, Ordinance adopted by Village District of North Walpole New Hampshire.

“A. PREAMBLE The purpose for establishing an Industrial District is to provide within the Village an area in which manufacturing operations may be carried on without infringing on the health, welfare and quiet of the residents of the Village. Manufacturing operations are those in which materials are changed physically in form, changed chemically or mixed to provide other compounds. The area provided for industry must be highly specific to the nature of the manufacturing operation. Chemical or physical research might well be conducted in close proximity to a residential district and yet manufacturing of glue or explosives could not. Hence, it is the intent of the ordinance to require each industry to present its case to the Zoning Board of Adjustment, after considering the facts in light of the welfare and benefit of the community, may allow such industry in the Commercial District an exception. “

“B. Use Permitted:

Industrial and manufacturing operation in the sense that the materials entering the operation are changed in form, size or composition before shipment.”

Mr. Kinyon said there is no permit, no application for a special exception or variance from the Zoning Board of Adjustment. He has to go to the ZBA and then go back to the Planning Board.

Mr. Kinyon continued that this site does not address an easement from Len-Tex right of way through the property for a 4-inch water line to a pond on a hill Southeast of the property. “Conveying also herewith the four-inch pipeline of water and the right to maintain a four-inch water line: all repairs required to preserve the pond as a reservoir for water shall e made by the Grantee.

“The foregoing is subject to the twenty foot right of way herein-before described as now used in common with E.P. Cray, etc.” This building will interfere with the terms of the easement, Mr. Kinyon said.

Regarding the easement, Mr. Gay said that the pond was called Cray’s Pond and it’s been drained for 20 years. Also, the pipes have been removed or are broken and there is no water going through any pipes now.

Based on a previous survey, there is no boundary survey. It was not recorded..

Also, when it come to item in the checklist that were not waived or are incorrect, Mr. Kinyon had problems with Numbers 6, 9, 10, 20, 24 and 27. He said if an item is waived it must be in writing.

Later in the meeting Mr. Marquise addressed Mr. Kinyon‘s list.

No 6. Four paper copies of the Site Plan platn as specified.

No. 9. Location of existing & proposed sidewalks and driveways, direction of travel both             vehicular and pedestrian.

Mr. Marquise said this doesn’t apply because there are no sidewalks and the driveway is clearly     marked.

No 10. Identification of accesses, sight distances at accesses, curb cuts & changes to existing        streets, driveway permits.

Mr. Marquise also said this did not apply as the building was off a private lane.

20. Soils and wetland(s) delineation.

  Mr. Marquise said the site is well out of the flood zone and this did not apply. The area is not a     wetlands. The soil data is on the plan.

24. Location of existing or proposed deed restrictions, easements or coven.

27. Location, type and design of buildings, elevation view or photograph showing dimension and surface treatment.  Mr. Kinyon said that it didn’t show roof pitch which would affect how            much water would drain down from the roof. He then read the regulations on Stormwater    management.

In addition, Mr. Kinyon said the property could be possibly contaminated because of the previous owner. Mr. Kinyon thought the state might have ruled on this matter, but he was not sure.

He concluded by saying if the site plan is accepted, the abutter would like a delay on action until 90 days to give them a chance to review the plan.

Regarding contamination, Mr. Gay said he had a letter from the state that gave the property a clean bill of health. He was told he had to come before the Planning Board. Now he’s told to go back to the Zoning Board.

Mr. Dalessio said if Mr. Gay had gone to the Zoning Board, there must have been a Public Hearing for a special exception. As far as Mr. Dalessio knows there hasn’t been one.

The Board decided to table a decision until it received more information about the plan. He asked Mr. Gay to come to the next meeting with:

Permission from the North Walpole Zoning Board about the use of the property.

Some statement from the Zoning Board about use.

A clear letter from the NW Fire Department about what was going to happen regarding Knox Boxes and sprinkling.

A copy of the letter saying that the land was not contaminated.

Clarification of the easement.

A rendering on what the building looked like including heights, widths, roof, windows, doors etc.

Mr. Miller asked Mr. Gay if he had anything more to add. Mr. Gay said that the abutters wanted the land and nothing would stop them from putting obstacles in his way.

            New Business: Don Northcott, 15 Sawmill Lane, came in to find out what he must do on property he was expecting to buy in May. The land is fronted on Old Cheshire Turnpike. 

Mr. Northcott said this is the property that had a sawmill on it before. It had been the property of Rita Simonds before it was subdivided. He was buying Lot 2. There is a house on it, a couple of other structures, also a rental house that Mr. Dalessio said was illegal.

Mr. Northcott wanted to take the largest barn, remove the stalls to make a place for storing and repairing equipment. He is one half of Fuzzy Brothers, an excavation company. The company has large graders, backhoes etc. They work up to December and January, February and March are the months that machines that need it get repaired.

The barn is 200 feet from Old Cheshire Turnpike and while the access is through the barn doors closest to the road, he plans to change that to the opposite end of the barn. One of the other out buildings will be used for an office.                                                                                             4.

Mr. J. Miller said it is in the Rural Agricultural District so it needs a special exception.

Mr. Northcott said it abuts family property, which is in current use. A sawmill and wood shop were previously on the property. Mr. Northcott wondered about storing the machinery on the property out in the open. The machinery would be covered.

Mr. Dalessio said it would depend on how much and how it looked and if the neighbor’s objected.

Mr. Northcott said he could put a fence up if needed. 

Mr. Marcom mentioned that he could take out the second floor of the barn and the building would be 30 feet wide and 18 feet high. 

Mr. Northcott went to talk to Ms. Myra Mansouri, who was in the audience and who is chairman of the Zoning Board of Adjustment.

            Allyson’s Orchard, map 5, Lots 2, 2-10 and 2-11, Rural Agricultural District. Lot Line             Adjustment. Total acres after merger is 45.20 acres, Wentworth Road. The proposed land is in current use and its use is agricultural. Amount of frontage on Wentworth Road is 751.65 feet. There are three right-of-ways.

The map that Mr. Joe Dibernardo showed  to the Planning Board had three lots that were to be made into one lot. Mr. Dibernardo said this is a made from the recorded property and the map in the Town Offices shows the property on thee map as differently. Mr. Dalessio asked Mr. Dibernardo to call the Town Offices and tell them of the discrepancy. He said he would.

Mr. Dibernardo was requesting a Public Hearing for May. Mr J. Miller made a motion to hold a Public Hearing, it was seconded and approved by the Board.

Mr. Aldrich made a motion to adjourn at 8:15 pm. The motion was seconded and approved by the Board. The Board also agreed to meet on the 4^th Tuesday of the month for a workshop meeting.

Respectfully submitted

Marilou Blaine