The Walpolean

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

Walpole Planning Board

March 29, 2016

Workshop Minutes

7 pm

Presiding:  Robert Miller (Vice-Chair), Steve Dalessio (Selectboard Representative), Jason Perron.

Alternates: Ed Potter. Absent: Jeff Miller, James Aldrich, Dennis Marcom, Jeff White.

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

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

Roll Call: This was discussion of participation in a federal grant program, so no vote was taken.

Grant Program: Mr. J. Miller had an email from Mr. Ben Daviss about a federal grant, which gives towns assistance in writing grants when seeking money to hire consultants to improve planning and zoning regulations such as Zoning Ordinances, Subdivision Regulations and Site Plan Review Regulations. The grant is called the NH Municipal Technical Assistance Grant Program. At the previous workshop meeting March 22, Mr. J. Miller asked Mr. R. Miller to look into it and contact Ms. Lisa Murphy at Southwest Regional Planning Commission.

The purpose of the grant was for the Planning and Zoning Boards to thoroughly review their regulatory documents to see if changes should be made. A comprehensive work plan was provided and it included:

Kickoff meeting to present the project and generate interest.

Regulatory Review

Check consistency of regulations with Master Plan

Prepare report with results and suggested changes

Meeting with Planning Board and Consultants

Prepare draft of change to regulations

Public Meeting to provide outreach and education on proposed regulations

Incorporate public comments into proposed regulations

Planning Board to hold  Public Hearing on Warrant Article

Implement Outreach Plan

Ms. Murphy told Mr. Miller that the town needed two items from Planning or Zoning that either board wanted to deal with. She also said most towns are passing on this grant because it’s too much work in a short period of time. The paper work must be in by Monday, April 4 at 5 pm. She said she would be glad to assist us if Walpole wanted to pursue this but there are some far-reaching implications, one being having to report back over a five-year period. 

Mr. R. Miller said, “We’ve got to put together something that’s meaningful and serious. It’s an important issue for us. And we need to put some work into going through our Site Plan and Zoning, through its ordinances by 5 o’clock Monday, I’m not sure we can do  this.”

Mr. Miller continued that the first step was to know what needs changing and what the Board’s goal is. “Sitting here right now, I don’t know the answer to that question. It won’t be ready by Monday.” 

“It’s been my experience there  is always a lot of work up front and a lot of work afterward, so you need someone dedicated to do the work,” Mr. Dalessio said.

Mr. Miller said, “I’m also a little skeptical of the government throwing out a bone. Maybe this will come about next year, but in the meantime, honestly we are not ready to work on something like this.”

Mr. Dalessio suggested that if the Board wanted someone to work with on this project he could recommend Carol Oglebee, who once was used to look over the Site Plan and was a great help. She is now retired and working as a consultant, Mr. Dalessio thinks she was head of planning or development in Peterborough. She’s someone who we might hire to look over the Site Plan Review.

Ms. Murphy also offered to help, Mr. R. Miller said.

She (Ms. Murphy) made comments on Site Plan and Subdivisions before but that was maybe six or seven years ago. It was around the time the Board was working on the Master Plan. Mr. Dalessio said he would look back and see if he could find it her notes.

Mr. Dalessio said, “It depends on where you want to take all this. There’s been talk of flexible zoning. An example of flexible zoning would be if you have a regulation where you have 30 percent green space, but  the applicant doesn’t or can’t fit it into the plan. The applicant has to give up something if the project is going to be allowed.

Third-party review has also been discussed. Mr. Dalessio said, “I’ve always supported having an independent person looking at what we’re doing.” 

Mr. Dalessio said you have to choose one thing to get accomplished because there is just not enough time in a year to work on four or five issues at the same time. Board members only have an hour at a meeting to devote to an issue and at a monthly workshop an hour or two more. But there are only 12 months a year that you are going to be having workshops so that limits you to a specific amount of time and there’s not time to handle more than one, or possibly two, issues.

If you’re trying to accomplish big rewrites, it just not going to happen. Individually. You can write something, but you still have to decide on things communally.

“That’s why you have to have outside eyes on whatever needs to be done,” Mr. Potter said. They suggest what needs to be done, and we take a look at it.

Mr. Perron asked if it was due Monday,  Mr. R. Miller said “yes.” Mr. Dalessio said, “ It’s not going to happen. You have to do it right or otherwise you’re not going to get the grant.”

It was finally decided to call Ms. Murphy and say Walpole was not interested at this time but ask Ms. Murphy to go over the Site Plan Review and make comments and then ask her join the group at a workshop meeting. .

Respectfully submitted,

Marilou Blaine

Walpole Planning Board

Town Hall

March 22, 2016 Workshop Minutes

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

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

Meeting Opened: Mr. J. Miller, Chair, called the meeting to order at 7 pm. Minutes: There were no minutes from a previous meeting. 

Grant Program: Mr. J. Miller said he spoke with Mr. Ben Daviss about the N.H. Municipal Technical Assistance Grant Program. Mr. Daviss said it is a match of cash. The program gives towns assistance in writing grants when seeking money for grants to improve planning and zoning regulations or anything needed by one of the those Boards. Mr. J. Miller also spoke with Ms. Lisa Murphy at Southwest Regional Planning Services about the grant program.

Ms. Murphy said that the application had to be completed by April 4. Mr. J. Miller asked Mr. R. Miller if he would read the booklet of information and then come back to the Board with the information. Mr. R. Miller said he might need another workshop meeting on the 29^th of March. Mr. J. Miller said Southwest is very apolitical and very resourceful. Mr. Dalessio said Walpole is a member of Southwest so the organization is available to all the Boards at no additional cost to the town.

Mr. Dalessio also spoke about the NH Municipal Association saying they are also a great resource for towns to find out more about regulations, writing ordinances, and general issues. Mr. J. Miller said the group is a lobby to help protect towns and how they function. Mr. Perron said so they lobby on the town’s behalf.

Complete applications: There was a lot of time talking about what makes an application complete. In the final analysis, it came down to that the application must be filled out and that includes that every question on the checklist must be answered yes or no. If a question on the checklist is not answered, then it is not complete. If a person answers “no”, the board may waive if it doesn’t pertain to the site plan or the applicant must come back with a plan.

The secretary also said that for an application to be complete abutters must have been notified by certified return-receipt mail, a legal posted in The Keene Sentinel and legal notices posted in two places. The application with checklist and drawings or a map must be in the Town Offices for townspeople to look at.

Mr. Perron and Mr. R. Miller also insisted that they wanted to see the application, checklist, maps and drawings and have a chance to study it before the Public Hearing. So when an applicant comes to the Planning Board to request a Public Hearing for a site plan, that person must have the application, including the checklist and pertinent maps, with him/her. That way the secretary can get these documents for the Board to study them before the Public Hearing.

Mr. Dalessio also wanted the secretary to either request a PDF for a drawing or map or nine copies, one each for a Board member and one for the secretary.

Special Exceptions: Mr. J. Miller said he was waiting for Mr. Ruggiero to go back to the Zoning Board for a Special Exception. And the discussion again came up about the path for Special Exceptions and what happens when. The secretary mentioned that the ZBA has been working on a Matrix to make the process more understandable. She said she would send a copy to the Planning Board members.

April meeting: Ms. Kelley Hicks has resigned her position on the Planning Board citing time restraints. Her position will be filled at the April meeting. Also, as per the by-laws, there will be an election of officers at that meeting.

Respectfully submitted,

Marilou Blaine

Walpole Planning Board

Town Hall

March 8, 2016 Minutes

7 pm

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

Alternates: Ed Potter and Jeff White. Absent: Kelley Hicks.

Recording:  Marilou Blaine. These minutes are unapproved and will be reviewed at the March 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 members was absent so Mr. Miller asked Alternate Jeff White to sit in her place.

Minutes: Mr. Marcom made a motion to accept the February 2016 minutes as written. The motion was seconded by Mr. R. Miller and the Board unanimously agreed.

Old Business: Amend a Previous Site Plan: The change to the Site Plan of the Potato Barn, Map 24,  Lot  6, Commercial District, is to change the access road to the building by upgrading the current road known as Potato Barn Lane. The road will be widened by increasing its width from 16 feet to 24 feet. The entry point will be from Main Street.

Mr. R. Miller recused himself and Mr. Ed Potter took his place on the Board. Mr. Matt Blanc of Blanc and Bailey presented the plan. With him was Mr. Kevin Dunn of San Francisco who works for Mr. Steve Rudek, the owner of the Potato Barn.

Mr. Blanc explained large revisions to the driveway. The plans are to widen the road from 16 to 24 feet. There is a sizable swale on the upper side of the road and it will have a number of culverts and pipes that will be placed under the road for drainage.

When you get closer to the Potato Barn, trees were being taken down on the Main Street side of the property, which is where the driveway will go and along the wet side of the building. Here and on the south end is where parking is and where it was originally planned. However, there are fewer parking spaces. The driveway continues around the entire building.

This change was required by the Walpole Fire Department after access from Route 12 was denied by the state. Other than that, the building, which has been originally approved, will be 100 percent sprinkled, Blanc said. The use has changed so that on the upper level there will be four apartments. The lower level will be light manufacturing. Mr. Blanc said, “We’re not exactly positive about what’s going in there. We’ll come back when we have more information on that.”

Mr. Aldrich said he had seen that quite a few trees had been taken down up by Main Street. There is quite a stand of pine there, he said and then asked if they all going to come down?

Mr. Blanc said only the trees in jeopardy have been taken down – some were diseased, some had rot, and it’s been thinned out.

Mr. Dunn said that there was a lot of dead wood underneath that has been removed. Also, several trees that were leaning over or falling over the bridge have been taken out as well and the site has been cleaned up.

All the maples, except four, remain, Blanc said.

Mr. Dunn said that the dilapidated building that’s south of the bridge – all of the trees on that property are not on our property so we can’t take them out. He also mentioned children going in and out of the back door of that house and felt it was something that needs to be addressed

Mr. Dalessio didn’t know exactly where Mr. Dunn was talking about. Mr. Aldrich said it was the house on Homestead Avenue and it’s the house where a tree fell on the garage.

Mr. Dalessio said the owner did not live in Walpole and he’s paying his taxes. It would be difficult to ask him to tear it down.

A visitor asked about the driveway that goes down to the Potato Barn.

Mr. Blanc said he’s still talking with the engineer about that. It will be where the residential parking will be and there needs to be a 10-to-20 foot retaining wall above the bridge. It’s just for residential units that would park up there.  All the rest of the parking would be down below. It won’t be a road all the way down. It’s just for the apartments that will use the upper level.

The same visitor asked about the road  if it goes all around the building would it also go under the bridge. Mr. Blanc said yes.

Mr. Dalessio asked about how much the entrance had to be altered from the road.

Mr. Dunn said it’s not very visible from the road right now. It takes a little jog toward the inn. It has to be straightened out. It won’t change anything for Mr. Smith, who owns the abutting property, but it will be wider.

Mr. Dalessio suggested that they contact the Walpole Road Agent, who is new. His name is Mike Rau. It’s just a courtesy to make sure he know what you are doing.

Mr. J. Miller said that light manufacturing is a general statement. Do you know about inflow/outflow of traffic?

Mr. Blanc said that right now Mr. Rudek discussed a distillery and a commercial baking operation that wouldn’t have a “ton” of employees.

Miller said about 10 to 15. Blanc said probably.

Mr. Blanc said he would reassess the parking and come back after he has more direction on that.

Mr. Aldrich asked if it would be a Class 5 road. Mr. Dalessio stressed that it is a lane, meaning it is a private road and they have to maintain it.

Whenever you use the term lane, it is a private way, said Mr. J. Miller.

Mr. Blanc said he had four copies of the map. Mr. Dalessio said the Selectboard needed one. Mr. Blanc wanted one that was approved. One will go in with the file.

The Public Hearing was closed at 7:13 pm.

Since there was no other new business so the vote on the Public Hearing was take. Mr. Aldrich made a motion to accept the amended site plan as presented. Mr.  Potter seconded the motion. Mr. Miller asked if there was any discussion. There being none the entire Board voted unanimously to approve the amended plan.

Mr. Miller, speaking to Mr. Dalessio as Selectboard representative, said that he thought it was a good idea to accept the grant program.

The other members of the Board, not knowing what he was talking about, Mr. Dalessio explained.

Mr. Dalessio said for a sum of $2,500 the town would be able to accept and apply for grant money. The federal government gives the state money and the state divvies it up. But you have to apply for them and the application process is complicated. We could use the money to hire consultants to help get money for programs that would help us develop better site plans, or town zoning, etc. Mr. Miller said he would contact Lisa Murphy at Southwestern Regional Planning Commission.

Mr. Dalessio said that the North Walpole commissioners have taken back the building permit it gave to Mr. Gay to build a building in the Industrial District. Mr. Gay must get site plan approval from the Planning Board before it can go back to the North Walpole commissioners to get a building permit.

Mr. Perron asked if we are going to have a workshop meeting. One wasn’t planned but if after the Board goes into Executive Session, something might come out of that.

A motion to go into Executive Session was made by Mr. R. Miller and seconded by Mr. Marcom and then voted on by the Board.

It was voted on during the Executive Session to have workshop on March 22.

Mr. Aldrich suggested another topic for a workshop could be storage containers. He said Acworth was having a problem with them. Mr. Miller said he would add that to his list to ask SWRPC.

Mr. Aldrich made a motion to adjourn. The motion was seconded and approved by the Board.

It was also recommended that the Board get a copy of the North Walpole rules before the next meeting.

Respectfully submitted,

Marilou Blaine

WALPOLE PLANNING BOARD AGENDA

TOWN HALL

Tuesday, March 8, 2016

7 pm                           

Roll Call – Appointment of alternates if needed

Minutes – Review minutes of the February meeting and Executive Session minutes.

Old Business:

                Public hearing to amend Potato Barn site Plan: Change the entrance to          where the current          Potato Barn Lane is, add an additional 11 feet of width to the 13-foot wide lane thus making it a Class 5 road and 24 feet wide.

Next meeting Tuesday, April 12, 2016.

Walpole Planning Board

Town Hall

February 9, 2016 Minutes

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

Alternates: Ed Potter and Jeff White.

Absent: Kelley Hicks

Recording:  Marilou Blaine. These minutes are unapproved and will be reviewed at the March 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 members was absent so Mr. Miller asked Alternate Jeff White to sit in her place.

Minutes: Mr. Marcom made a motion to accept both the January 2016 minutes and the Public Hearing minutes for a petition to be placed on the warrant as written. The motion was seconded by Mr. Aldrich and the Board unanimously agreed.

Old Business:

            Mr. Ed Potter had a Public Hearing on a Lot Line Adjustment on his property on Old Keene Road, Map 7, Lots 21 and 22-1 in the Rural/Agricultural District.

Mr. Ed. Potter purchased 1.17 acres of land on Map 7, Lot 22-1 from Mr. Steven Brode about a year ago. The western line on that parcel of land was jagged. He wanted to move the property line 77.52 feet westward toward property owned by him and his brother, Bruce Potter. The property originally belonged to the Potters’ sister. The Lot Line Adjustment will make Lot 22-1 1.4 acres and take .23 acres from Lot 21.

 Mr. J. Miller asked if there were any questions. There being none, he closed the hearing.

New Business:

            Mr. Matt Blanc of Blanc & Bailey was before the Board to update the plans for the Potato Barn regarding the letter from the Walpole Fire Department and access from Route 12.

Mr. R. Miller recused himself from voting on the matter because he works for Blanc & Bailey.

Mr. Blanc explained that he was at the meeting to let the Board know what was happening at the Potato Barn. He said he had been before the Board in November and the Board requested that the Fire Department sign off on what was being done. The Department did not and said the entire building should be sprinkled.

The Board also requested revisiting the access to the property by a road from Route 12. Shortly after the November meeting. Blanc met with SWDOT and Brickstone, the designer of the site plan and learned that Route 12, which runs to the west of the Potato Barn was the first bypass granted to the Town of Walpole. He learned that a condition of the bypass was that there would be no access road from South Street to where Main Street meets Route 12 by what is now Agway. The reasoning, he said, was that there had been federal funding with the balance paid by state funds. Apparently, someone found an article that stated that Walpole agreed to the terms.

So, Blanc said, “we were told basically that we needed to go to Congress.”  Blanc & Bailey went back to the drawing board, and while the group will continue to  pursue the Route 12 access, the decision was to widen the already existing driveway.

The plan is to widen the current driveway from 15 feet to 24 feet. This can be done completely on the Potato Barn property and would not encroach on anyone else’s property line, Blanc said. He had an updated drawing.  All of the maples and all of the shrubs will stay on the entrance portion of the road. Four large maple down towards the building will be taken down in order to extend the road all the way around the entire barn. Land in back of the barn, at the south end, will be reserved for parking.

Mr. Kevin Dunn of Sacramento, CA., was hired by the owner, Mr. Steve Rudek, to consult on the project. Mr. Dunn conveyed his frustration at the turn of events by the state not granting access and the fire department and of all the delays.

Mr. Marcom said it was his recollection that when Cynthia Reeves owned the Potato Barn, she had permission to put a road off of Route 12, not a driveway. Mr. Aldrich interjected that it was a Town Road for 100 and some odd feet.

Mr. J. Miller said, addressing Mr. Dunn, that it had gotten state approval before when Ms. Cynthia Reeves owned the building. It would be in the files. It was going to be a town road and it was approved by the town.

If he wanted to go back into the files, it could be done.

Mr. Dunn said that the farm will fall down before we get through all the paper work for the road. Widening the road is a great way to get something done before we get access, if the project ever gets access.

The intended use of the building has been changed to possibly four apartments on the upper level, also with parking and access at the upper level. The lower level would be light commercial, possibly a distillery or a commercial bakery. The building will not be split, as previously proposed, because of the reaction by the fire department and it did not get their blessing

Mr. Houghton said the Department thought there would be a risk to come to this building having to cross under a wooden bridge. Mr. Houghton said that the fire department wanted 360 degree access around the building and that the entire building be sprinkled.

The Route 12 traffic would be on the west side of the building. Access to the building would be coming in from Main Street. Mr. Dunn said it’s only two turns and with the proper signage it will be easily accessible.

Mr. J. Miller said that there may be some concern about traffic off Main Street and being the main access to the building. Route 12 was advantageous and had town support.

The number of parking spaces will be decreased with the change of use. Mr. Blanc said parking spaces are dependent on type of occupancy. If there are five people working in a commercial space, that’s less than a retail operation would need.

Mr. Dalessio asked Mr. Blanc if apartments were allowed in that area. Mr. Blanc said he thought it was commercial so he thought apartments were allowed but he would check the ordinances. Mr. Dunn said if there couldn’t be apartments, there could be offices.

Mr. J. Miller said that the new road means that the site plan will have been amended and that there should be a Public Hearing. A motion was made to hold a Public Hearing next month. It was seconded and approved by the Board.

Mr. Houghton said the opposition the Fire Department had no longer applies and that this plan meets all the department’s requests.

Mr. Greg Gay of North Walpole had been to the Planning Board about six months ago and the Board asked him to get permission or talk to the North Walpole commissioners about what he was planning to do.

He wants to build a 60-foot-by-100-foot building on the former Cray Oil Land in North Walpole in the Industrial Zone. He has already obtained a building permit from the North Walpole commissioners.

He was told he would have to have a Site Plan Review, which meant a form, instructions, Public Hearing and abutters would be notified.

Mr. Gay asked that since abutters were at the meeting, couldn’t they ask questions now. Mr. J. Miller said that a Public Hearing is the forum for questions.

Mr. Dalessio asked if he had a building permit from North Walpole and drawings, complete with a set of drawings, electrical, lighting, etc. Mr. Gay asked if he could do it himself. Mr. J. Miller said it usually depends on the size and scope of the building.

The building would be used to fabricate race cars, a simple chaissis shop, Mr. Gay said. There would be one employee who did welding. It would be self-contained inside, and basic hand tools would also be used. There will be a little bit of body work, but no painting.

Mr. Perron asked if it was commercial. Mr. Gay responded yes.

Mr. Donald Lennon, an abutter and officer of Len-Tex Corp., said that previously Mr. Gay had spoken of a residence there. I’m a little confused that the residence plan is no longer an issue and there is also an issue of cutting a water line in North Walpole. “That concerns us greatly as it does Tony Elliott at Woodstone, another abutter.” Mr. Lennon also brought up the issue of nonindustrial uses in an Industrial District.  Mr. Gay said that he would not be asking for residence at this time.

Mr. Lennon said he questions whether or not this is truly and honestly an industrial facility. And will it or will it not have an attached residence? “There is a lot more information that we need. But it’s very critical to us because Len-Tex wishes to expand in North Walpole.”  Business is very good for Len-Tex and the company would like to expand its real estate and move to one side of the railroad tracks. Right now the company has buildings on both sides of the tracks, which , Mr. Lennon called “grossly inefficient.”

He said there is a lot of information that the company will require for this building to be built. He said he was speaking for Tony Elliott of Woodstone as well.

Mr. Lennon said he is requesting an extremely in-depth presentation to  protect his investment. Again, he said, he was speaking for Woodstone. “If we could be assured of that, that would be great.” He hoped that his real estate would not be diminished by the Board granting this request.

Mr. Gay said his business belongs in the Industrial District. “When you start with a piece of metal and build a car from it, that’s industrial.”

Mr. Gay was given an application, a couple of sheets of paper with questions and a site plan regulation booklet. Mr. Gay said he couldn’t say he wasn’t interested in the residential part of this but he not applying for that right now.

Mr. Lennon said that he hoped the Board would take into consideration what is best for the taxpayers of Walpole. Len-Tex pays the highest taxes in the village and will continue to. He also said that the Board has to look at what’s best for the abutters and make sure it doesn’t diminish their property.

Mr. R. Miller made a motion to request a Public Hearing for Mr. Gay at next month’s meeting. The motion was seconded by Mr. Aldrich and approved by the rest of the Board.

Jack Franks and the Bee Hive: Mr. Franks came to the meeting to talk about an idea he had for the Bee Hive on School Street. He said in his estimation the buildings were in such disarray that it would take and enormous amount of money to rehab them – maybe $1.3 million. Structurally it’s in very tough shape. It’s also a place the police department visit on a regular basis.

This is very preliminary. It would need a survey and engineering design. The setbacks seem okay.

His plan, which is just a rough draft of what he might do, is to make it into 16 condominiums, about a 1,000 square feet, with two bedrooms with 2 baths. The building would be modular with two stories with parking in a downtown setting. There would be 30 percent green space. It would abut a housing development. There are 10 units now and it’s a bit of an increase but it’s better than putting a band-aid on the building. I think that there’s a market for it. It would be good for the tax base of Walpole. It would be all sprinkled so the fire department wouldn’t have an issue.

Mr. Potter asked if he would be selling these. Mr. Franks said yes but that he may hold on to one or two for himself.

Mr. Potter said he thought that the town voted a couple of years ago not to have condominiums in the village district. It was down by Woodward Florist. It may have been 10 years ago. Mr. J. Miller said it was a different layout. Those were cluster houses.

Mr. Franks said that the land is in the Commercial District and he had a Letter of Intent with the landowner.

Ms. Myra Mansouri said that she thought the landowner had declared bankruptcy and that the bank owned the property. Mr. Franks said that was true but it was eventually sold to Elm Grove Properties in Manchester.

She said she was also concerned about the narrow street and it’s already crowded with Applewood.

Mr. Franks said it’s a two-lane road. He also invited the Planning and Zoning Boards to come down and look at the units being built behind Tractor Supply.

Decision on Potter Public Hearing: Mr. Aldrich made a motion to approve the Lot Line Adjustment on the Potter property as presented. The motion was seconded by Mr. R. Miller and the Board voted in the affirmative.

The Board voted to go into executive session to discuss a legal affair.

Mr. Aldrich voted to adjourn at 8:10 pm after the Board came out of executive session. The motion was seconded and approved by the rest of the Board. The minutes of the executive session will be sent only to the Chair and Vice-Chair and shared only with the rest of the Board at the next meeting.

Respectfully submitted,

Marilou Blaine

Marilou Blaine added a comment when she sent the minutes to remind people that the meeting will probably be held downstairs because if Primary voting. – Lil

PLANNING BOARD AGENDA

WALPOLE TOWN HALL

Tuesday, February 9, 2016

                               7 p.m.                         

Roll Call – Appointment of alternates if needed

Minutes – Review minutes of the December meeting and Petition Hearing minutes.

Old Business:

Edward Potter – Public Hearing for a Lot Line Adjustment for Map 7, Lots 21 and 22-1     Old Keene Road, Rural/Agricultural District.  Number of acres proposed: Lot 21 3.9 acres and lot 22-1  1.4 acres with road frontage 37.29 feet on Macri Lane and 229.55 feet for 22-1 on Old Keene     Road.

New Business:

                Matt Blanc and the Potato Barn: project: Blanc has been to NH DOT but road plan was rejected.  He’s got some ideas for other options. Also, revisit fire code and sprinklers. Someone from the Walpole Fire Dept. will attend the meeting.

Greg Gay, Building in North Walpole.

Next meeting Tuesday, March 8, 2016.

Walpole Town Hall

January 12, 2016 Minutes

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

Alternates: Ed Potter and Jeff White.

Absent: Kelley Hicks

Recording: Marilou Blaine.

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

Roll Call: One board members was absent so Mr. Miller asked Alternate Jeff White to sit in her place.

Minutes: Mr. Marcom made a revision to the December minutes. The revision was insserted after the paragraph that begins with “Mr. Ed Potter agreed.” the paragraph before that was eliminated.

Mr. Marcom said “that approvals of the site plans are based on the assumption that the applicant will adhere to the terms of that approval. That assumption of trust is critical. In this case, Mr. Ruggiero was granted a special exception by the Zoning Board in 2011. Conditions, as stated in a letter from that Board, included that the operation could not be changed or expanded without returning to the ZBA for approval. When Mr. Ruggiero added a 2,000 square-foot building, he not only violated the town’s rules on building permits, but also broke at least one of the conditions of the Special Exception.

“Beyond that, this company, as was made evident in a letter sent to them by DES, operated for approximately 2 ½ years without the knowledge of DES, among other violations of state regulations.” For these reasons, Mr. Marcom felt that this company could not be ensured to keep their agreements and therefore approval should not be granted to them.

Another correction was the date of the Silverstein subdivision. Mr. Dalessio pointed out that it could not be 2019.

Mr. R. Miller corrected  the spelling of the name of the man he contacted at the New Hampshire Municipal Offices. It should be Cordell Johnston. He also said said Ms. Pauline Barnes statement that  the vote to seek counsel was 6 to 0 because the Chair was absent. Actually, the vote was 7 to 0 as an alternate had replaced the chair as a voting member.

Mr. Perron made a motion to accept the minutes as amended. Mr. R. Miller seconded the motion and it was approved unanimously.

Old Business:

Public Hearing for Subdivision of one lot into two lots. William and Elisabeth Silverstein,     70 Reservoir Road, Map 10, Lot 33, Rural/Agricultural District. Lot 33 will be 1.43 acres, Lot 33-3 will be 1.53 acres and road frontage is 320 feet and 277.57 feet on Reservoir           Road respectively. 

Mr. Silverstein said that he and his wife were here a month ago and submitted an application for a subdivision and the Board voted unanimously to hold a Public Hearing. He said the subdivision was pretty straightforward. The lots were divided before and there is plenty of road frontage.

Mr. J. Miller asked the audience and Board if there were any questions. There being none, Mr. J. Miller closed the Public Hearing.

Old Dominion Lighting – The previous problem of light from Old Dominion shining into a bedroom of the Tabitha and Frank Anderson home abutting Old Dominion, seem to be solved. Mr. Dalessio asked Mrs. Anderson if she was happy with the response from Old Dominion. Mrs. Anderson said she was. “They were very good about it,” she said.

However, those were the old lights. Mrs. Anderson said that it looks like from the paper work that there are 11 more lights to be installed. These lights are to be installed in late January. Mrs. Anderson will notify the secretary if there are any problems after the new lighting is installed. Mr. Marc Mercier, project manager for Old Dominion, is keeping in touch with the Board.

Mr. Perron asked about the other condition from the Walpole Fire Department. Mark Houghton of the Walpole Fire Department said that the Knox boxes had been installed and tested and that Old Dominion had fulfilled that condition of the Site Plan.

Bensonwood – Mr. Tom Hancock of Bensonwood submitted a copy of a letter from the Department of Environmental Services granting an Alteration of Terrain Permit. The permit was needed to fulfill the condition placed on Bensonwood for final approval of the Site Plan.

Potato Barn – Matt Blanc received a letter from Herb Hurlburt, Captain Fire Inspector of the Walpole Fire/Ems Department, stating that the fire department will not sign off on any usage of the Potato Barn at this time. Mr. Hurlburt said that at the original meeting he ”was assured the complete building would be sprinkled and alarmed before ANY usage”  Mr. J. Miller asked that the letter be part of the Potato Barn file.

New Business:

Mr. Ed Potter and Mr. Bruce Potter are seeking a Lot Line Adjustment of their property       on Old Keene Road, Map 7, Lots 21 and 22-1 and Lot in the Rural/agricultural Zone. Take .23 acres from Lot 21 and add it to Lot 22-1, thus changing the western boundary line. Mr. Ed Potter requested a Public Hearing.         

Mr. Potter said about a year ago he bought a lot from Steve Brode that was 1.17 acres and the lot had enough road frontage to be developed. There is a line between the two properties that has a kind of “jag” in it, he said. Because he owns the field next to it he said he wanted to have better access to that property and also wanted to straighten the line. The adjustment would take .23 acres from Lot 21 and add it to 22-1. Mr. Potter also planted some arborvitae bushes on the new property line.

Mr. Dalessio asked who owned the property – where the property was coming from. Mr. Potter said it was his sister’s property and it is now owned by his brother and himself.

Mr. J. Miller made a motion to have a Public Hearing next month. The motion was seconded and it passed unanimously.

Explanation of a petition to be placed on the March 2016 warrant and a request for a Public Hearing. This petition will amend the current Zoning Ordinance as follows :

Mr. J. Miller said this is basically a brief for that article and set a hearing for February 26 at 7:00 pm.

The petition is:

To see if the Town of Walpole will vote in favor of amending the current Zoning Ordinance as follows:

Add under Article IV General Provisions Section N Recycling and Transfer Stations:

124. In addition to the current Town recycling center at 207 Whitcomb Road, Route 123, Walpole, New Hampshire, recycling centers and/or transfer stations shall be permitted uses in the Industrial Zone subject to meeting the Town’s site plan review regulations and shall be submitted to the Planning Board for site plan review provided such facilities are owned or operated by the Town for the transfer and/or recycling of solid waste generated in the Town and provided further that the recycling center or transfer station is owned and operated by the Town or by a Regional Solid Waste District whose ownership or operation thereof is governed by and agreement entered into pursuant to RSA 149-M124.

Ms. Pauline Barnes is the person who wrote and circulated the petition. She asked to correct one typo, the RSA No. to RSA 129-M24. Mr. J. Miller said she could change the typo but not the intent of the petition. He asked her to explain the petition.

Ms. Barnes said that Walpole already had an award-winning recycling center run by an award-winning director and the facility is fully capable to handle the solid waste of our town. Because of the nature of solid waste it is important that the facility be operated only under town ownership and town control.

Mr. Aldrich asked Ms. Barnes to clarify the typo and asked if we should strike the 1 from the RSA number. Ms. Barnes agreed.

Mr. R. Miller made a motion to have a Public Hearing on January 26, 2016, Mr. Aldrich seconded the motion and the motion unanimously passed.

Mr. Dalessio encouraged everyone to come out not only for the petition hearing but the budget hearing and all the other meetings that will be going on in the next couple of weeks.

Mr. J. Miller asked Ms. Barnes if she understood the process. Mr. Miller said the vote on the petition will be on the second Tuesday in March, when citizens vote on selectmen, school board, etc. The function of the Board is not to vote to accept or reject the petition, but vote to recommend or not recommend the petition to the townspeople.  The Board decision would appear at the bottom of the article. In all cases, the petition will be placed on the ballot.

At the Public Hearing, it will be up to the petitioner to explain the petition, just like you did tonight, Mr. J. Miller said. And answer questions from the public, Mr. Perron added.

Mr. Dick O’Brien asked if the Board voted on the article. Mr. Miller answered it is just a recommendation.

Mr. Adrian Basora asked if the petitioner needed a lawyer and if there were going to be lawyers on the other side. Mr. Miller said there will be no vote. The public will vote on the petition in March.

Mr. J. Miller repeated his explanation saying this has nothing to do with a Board vote. And you don’t have to have a show of hands from the public.

A motion was made, seconded and passed by the Board to adjourn the meeting and then realized it had not made a decision on the Silverstein subdivision. Mr. Marcom made a motion to reopen the meeting, it was seconded and it passed unanimously.

Mr. Aldrich made a motion to accept the Silverstein subdivision as presented. Mr. R. Miller seconded the motion and the Board vote unanimously to do so.

The meeting was adorned at 7: 25 pm.

Respectfully submitted,

Marilou Blaine

Minutes posted inside the Town Hall, on the outside bulletin board at Walpole Grocery.

Cc: WPB, The Walpolean, Town Web site www.walpolenh.us

Next meeting January 26, 2016 to hear the Public Hearing on the petition.

Next regular meeting February 9, 2016.

Walpole Planning Board

Walpole Town Hall

December 8, 2015 Minutes

7 p.m.

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

Alternates: Ed Potter, Jeff White.

Absent: Kelley Hicks, member.

Recording: Marilou Blaine. These minutes were revised at the January 12, 2016 meeting.

Call to Order: Mr. J. Miller called the meeting to order at 7 p.m.

Roll Call: One board member was absent so Mr. Miller asked Alternate Ed Potter to sit in her place.

Minutes: Mr. Marcom made a motion to accept the minutes as written. The motion was seconded and the board approved the motion.

            Old Business:Hearing for a Site Plan Review – (continued from October meeting)   Ruggiero Processing Facility, LLC, 32  Industrial Park Road, Map 1, Lot 10-1, Zoning   District Industrial – wishes to add another 2,500 square-foot pole barn, new access road,      trailer for employee break room and a scale near the entrance to the property. Joe       Ruggiero owner, Rob Hitchcock of SVE Associates, Tom Hanna, lawyer.

Mr. J. Miller continued the meeting from October and said that the Public Hearing review period had been completed. He said the applicant asked that all proceedings be continued pending some clarifications from Superior Court. At the last meeting there was some talk about the Planning Board getting local counsel. The Planning Board decided that they were pretty clear on the issues so that we didn’t think we needed clarification, Mr. Miller said.

Ms. Pauline Barnes said she was here when the Planning Board voted 6 to zero to get counsel. At what point did the Planning Board rescind that vote? she asked. Mr. R. Miller, at the January meeting, changed this to 7 to 0 because he had appointed an alternate to replace the Chair.

Mr. Eric Merklein asked that the Planning Board chair to recuse himself from the matter since he wasn’t at the meeting in October when the Planning Board voted to seek counsel. The abutters have made a good case for their problems, Mr. Merklein said. He then mentioned a letter from Mr. Ruggiero’s attorney, Mr. Tom Hanna, and the letter said Mr. Hanna had been waiting to meet with the Planning Board’s counsel but the Board had decided not to seek an attorney’s advice.

At this point Mr. J. Miller interrupted Mr. Merklein saying that the Public Hearing had been closed and that the discussion was not open for comments from the public. This is for the Board to discuss and make a decision, Mr. J. Miller said.

Mr. J. Miller then asked if members of the Board agreed with him that the Board knew what the issues were and that they could make a decision without counsel.

 Mr. Marcom disagreed with Mr. J. Miller. He said that the Planning Board had made a motion to seek counsel and he felt that what was voted should have been done.

Mr. Ed Potter agreed with Mr. J. Miller and said he thought they should continue and wait to see what happened. He made a motion to continue with the application. It was seconded by Mr. Aldrich but was voted down 7-0 by the Board.

Mr. Marcom said “that approvals of site plans are based on the assumption that the applicant will adhere to the terms of that approval. That assumption of trust is critical in this case. Ruggerio was granted a special exception by the Zoning Board in 2011. Conditions, as stated in a letter from that Board, included that the operation could not be changed or expanded without returning to the ZBA for approval. When Ruggiero add a 2,000 square-foot building they not only violated the town’s rules on building permits but also broke at least one of the conditions of the Special Exception.

“Beyond that this company, as was made evident in a letter sent to them by DES, operated for approximately 2 ½ years without the knowledge of DES, among other violations of site regulations.” For these reasons, Mr. Marcom felt that the company could not be ensured to keep their agreements and therefore approval should not be granted to them.

Mr. Dalessio said that there wasn’t a motion to reconsider the October vote. He also said the Ruggiero  application was incomplete.

Mr. Aldrich agreed that the application was incomplete and added that the matter should have gone back to the Zoning Board.

Mr. R. Miller said that on Monday he had spoken with a Mr. Cordell Johnston of the N.H. Municipal Association with respect to the Ruggiero proposal. Mr. Johnston said he had heard a little of the background,. Mr. Johnston said that he couldn’t predict how a court would rule on this case but DES, the Department of Environmental Services, does not preempt town rules and regulations. He was going to send a letter stating that but it had not arrived as of today.

Mr. R. Miller continued that he had six reasons for disapproval. They were:

1. It is the wrong site for the proposed commercial business as it is located in an Industrial District and this business does not meet Walpole zoning requirements for the Industrial District.
2. Pollution from noise, odor and possible rodents and the welfare of neighbors could very well be at risk.
3. It is very likely that property values could be adversely impacted, not only affecting the businesses in this industrially zoned area but there are several homes that abut this proposed commercial venture that will most likely adversely impact the well being of the homeowners and their families.
4. Walpole has an award-winning recycling center that is able to process all of Walpole’s MSW.
5. No where in the Town’s Master Plan is it indicated that Walpole should become the processing center of MSW for southern New Hampshire, southern Vermont and northern Massachusetts.
6. The Town of Walpole has spoken, “we do not need nor want this operation in our town.”

A motion was made to deny the applicant’s site plan request by Mr. Aldrich. It was seconded by  Mr. R. Miller and passed unanimously 7-0 by the Board.

New Business: Subdivision – William and Elizabeth Silverstein of 70 Reservoir Road would like to request a Public Hearing for a Subdivision of the property. Map 10, Lot 33, Rural/Agricultural District.

Mr. William Silverstein said that he and his wife had recently purchased property on Reservoir Road and he wanted to subdivide it. It had been subdivided once before and then the two parcels of land were put back together in a voluntary merger on May 2012. The subdivision would divide the property into two lots: one Lot 33 with 1.43 acres of land and 320 feet of road frontage; and another Lot 33-3 would be 1.53 acres with 277 feet of road frontage.

Mr. J. Miller asked if someone would make a motion to have a Public Hearing on the subdivision next month. A board member said “so moved,” Mr. Aldrich seconded the motion and it was approved unanimously by the Board.

Hubbard Farms LLC, 195 Main Street,  Public Hearing for a Subdivision, Map 22, Lot 5.      There will be three subdivisions of the 13.7 acre property – 8 acres for the office           building,.0.3 acres for the barbecue pit, which will be donated to the town, and  5.54        acres for the two outbuildings used for storage and maintenance.

Mr. Chip O’Brien said he was representing Hubbard Farm and the subdivision in question was at the Office Site at 195 Main Street. He said the right of way to the recreation center was well marked on this map and it is 20 feet wide. The barbecue will be annexed to the Recreation Center and given to the town.

Mr. Dalessio said the Selectboard has voted and had a Public Hearing on that matter and agreed to annex it and officially accepted it.

Mr. J. Miller asked if would be a separate lot. Mr. Dalessio responded it would be merged with the Recreation Center property. The Public Hearing was closed at 7:25 p.m.

Mr. Aldrich made a motion that the Board accept the subdivision as presented. Mr. Potter seconded the motion and the motion passed unanimously by the Board.

Old Dominion submitted a plan for lighting for its facility in the Industrial Park, which was one of the requirements for approval of their Site Plan. Mr. Frank Anderson said that the lighting is supposed to be LED lighting and down lit but it appears that something went wrong with one or more of the lights. Mr. Anderson‘s property abuts Old Dominion and the light is coming through the woods into his yard.

Mr. Dan Nash and Mr. Marc Messier, who represented Old Dominion at the Public Hearing, will be advised of the problem.

Also, there needs to be a letter from the fire department that those conditions made at the time of their hearing have been taken care of and installed. They were mainly about having Knox boxes at a couple of locations.

Northcott mylar: Scott and Judith Northcott submitted a subdivision plan on Valley Road, which the Planning Board approved this Spring but it was not a legal subdivision because a road went through a portion of the property in the the subdivision. Mr. Dalessio said that the Selectboard sorted out the issue and the mylar now had the correct subdivision. Mr. J. Miller and Mr. R. Miller signed it.

The meeting adjourned at 7:40 pm.

Respectfully submitted,

Marilou Blaine