The Walpolean

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

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 are unapproved and will be reviewed at the January 2016  meeting for corrections, additions and/or omissions.

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. 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.

As for Mr. Ruggiero‘s application that was for construction debris. Mr. Marcom continued that the Zoning Board granted the Special Exceptions with certain conditions, one being that there should be no changes unless Mr. Ruggiero go back to the Board for permission.  He did not do that but he made changes anyway. This speaks to trust, Mr. Marcom said. Mr. Ruggiero was doing both construction debris and MSW.

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. 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. Kordell Johnson of the N.H. Municipal Association with respect to the Ruggiero proposal. Mr. Johnson said he had heard a little of the background. Mr. Johnson 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 in December  of 2019 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 on Black Jack Crossing 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

PLANNING BOARD AGENDA

WALPOLE TOWN HALL

Tuesday, December 8, 2015

7:00 PM

Roll Call – Appointment of alternates if needed

Minutes – Review minutes of the November meeting.

Old Business:

Public 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.

Hubbard Farms LLC, 195 Main Street, Request for a Public Hearing for a  Subdivision, Map 22, Lot 5. There will be three subdivisions of the 13.7 acre property – 7.86 acres for the office building, 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. Chip O’Brien

New Business:

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.

Approval of Old Dominion Lighting.

Next meeting Tuesday, Jan. 12 2016.

Walpole Planning Board Workshop

October 27, 2015

Present: Planning Board: Jeff Miller (Chair), Robert Miller (Vice-Chair), James Aldrich (Secretary), Steve Dalessio (Selectboard Representative), Jason Perron, Dennis Marcom. Alternates: Jeff White and Ed Potter.

Zoning Board Members: Myra Mansouri ( Chair), Jan Le Clerc (Vice-Chair), Ernie Vose (Clerk).

Recording: These minutes are unapproved and will be reviewed at the November 10, 2015, meeting for corrections, additions and/or omissions.

The meeting was called to order around 7 p.m. The topic again was Special Exceptions. Four of the Districts in the Zoning Ordinances have requirements for Special Exceptions: Residential, Commercial, Rural/Agricultural and Industrial. Each differs slightly depending on which District the Exception is in.

For example, in the Rural/Agricultural District a couple exceptions are:

Article VIII Section C – 1. Industrial, manufacturing and commercial operations by Special Exception from the Board of Adjustment when fulfilling the following requirements;

a. Consideration of Planning Board recommendation on the project based on its determination following a public hearing that,

1. Property currently zoned for industrial, manufacturing and commercial operations is ether unavailable or inadequate for the proposed use
2. and the proposed use is appropriate and consistent with Town’s Master Plan.

b. Each proposed use must show that it will not infringe on the primary established use of the district.

c. No industrial manufacturing or commercial venture or use shall be permitted which could cause any undue hazard to health, safety or property values or which could be offensive to the public because of noise, vibration, excessive traffic, unsanitary conditions, noxious odor, smoke or other similar reason.

And so forth. There are four more conditions in the Rural/Agricultural District. It is important for the applicant to check the Zoning Ordinances in each District to determine which Ordinance is applicable to the applicant’s case.

By contrast the Industrial Zone in Section VIII concerns were more about off-street parking, loading facilities for freight etc. However, the Special Exception still requires the Zoning Board to consider the Planning Board recommendation on the project.

There was some discussion of when the Zoning Board of Adjustment should hear the Special Exception application – before or after the Walpole Planning Board has made a recommendation. According to Mr. J. Miller, the applicant goes to the Zoning Board first. The confusion is because the Zoning Board’s decision depends on the recommendation of the Planning Board – not the approval of the Site Plan, but the recommendation of the Planning Board. Mr. Miller says it has nothing to do with a Site Plan, it’s the process. So does the Zoning Board hear a Special Exceptions question before the Planning Board has even heard the case. As one board member said, it’s a little like the chicken and egg question.

Ms. Mansouri differed in her opinion stating that the Planning Board must make a decision on a recommendation before the Zoning Board can rule. There will be further discussion of the matter. Currently, when an applicant goes to the Zoning Board first, and an affirmative decision is made, it must state that it is pending the Planning Board’s recommendation.

Also, it was suggested that the application form should be more informative and state the process or steps to getting a Special Exception.

Also discussed was the Checklist. The Checklist is a list of questions about whether or not the applicant has submitted certain items with an application. Some of the questions don’t apply to every applicant so answering them may be waived. Mr. Dalessio said that the Site Plan Review Checklist/Waiver Form must be included with a Site Plan Review Application and that this has been a long-standing requirement.

The meeting broke up about 7:45 p.m.

Respectfully submitted, Marilou Blaine, secretary

Walpole Planning Board

Walpole Town Hall

November 10, 2015 Minutes

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

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

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

Roll Call: One board member was absent so Mr. Potter was asked to represent her place on the Board.

Minutes: October 2015 minutes and October 2015 Workshop minutes: Mr.. Perron made a motion to accept both minutes as written. The motion was seconded by Mr. Aldrich and approved by the entire board.

Old Business:

Continuation of a Public Hearing for Ruggiero Processing Facility LLC was postponed at the request of the applicant, said Mr. J. Miller. The hearing will continue at the Planning Board’s next regular meeting. A motion was made, seconded and approved by the Board to continue the Public Hearing on December 8, 2015.

Bensonwood Site Plan Review – Town map 12, Lot 4 , Zoning District Rural/Agricultural and Commercial. Bensonwood Woodworking Co. Inc. of 6 Blackjack Crossing want to use the site for a light manufacturing facility. A Public Hearing was held in September and Bensonwood received a Special Exception from the Walpole Zoning Board of Adjustment at its October meeting to have an industrial facility in an Rural/Agricultural/Commercial District. The Exception was approved pending Planning Board approval of the Site Review Plan.

Mr. Dennis Marcom recused himself from voting as he is an employee of Bensonwood. Mr. White took his place on the seven-person board.

Since then, DES has asked Bensonwood for more information concerning the Alteration of Terrain Permit. Mr. Randall Walter said that the company is working closely with DES and assured the Board that a permit would be forthcoming. Bensonwood cannot begin site work until they receive approval from DES.

Mr. J. Miller asked if the plans were the same as presented. Mr. Walter said yes. He then asked the Board if they had any questions. The Board did not.

A motion was made and seconded to approve the Bensonwood Site Plan contingent on the approval from DES. The Board voted unanimously in the affirmative. Mr. Walter will get back to the Chair and Vice-chair so they can sign the plat when the situation with DES is sorted out.

Gay Subdivision: Ms. Joanne Gay of 30 Cray Road asked for a subdivision of property she owns at 1072 Main Street in North Walpole. Map No. 28 Lots 124-1 and 124. Mr Bill Lawrence spoke for Ms. Gay and explained where the property was – near the elementary school in North Walpole. The property at 124 has a house on it and it is where Ms. Gay’s  parents lived before they died. She has a buyer for the house and a portion of the lot so she would like to divide the lot so a portion goes with her parents’ former house and a portion goes with her house and land at 124-1. Mr. Miller asked if there were any questions. There weren’t so Mr. Miller closed the Public Hearing.

New business: Mr. Chip O’Brien was representing Hubbard Farms and requested a Public Hearing for next month for a Subdivision at the Hubbard Farms office property at 195 Main Street. There would be three divisions of property: the office building, which will go on the market to be sold, the barbecue pit, which will be donated to the town, and two buildings that back up to Route 12. There two buildings are used for storage and maintenance. There’s emergency vehicle access to both those buildings.

Mr. R. Miller made a motion to hold a Public Hearing next month, Mr. Aldrich seconded the motion and the Board voted in the affirmative.

Vote on Ms. Gay Subdivision: Mr. Miller asked if there was any discussion. Mr. Dalessio asked if Ms. Gay owned both pieces of property. Mr. Lawrence said she did. Mr. R. Miller made a motion to accept the request as proposed, the motion was seconded and approved unanimously by the Board.

Potato Barn on Potato Barn Lane: Representing the property owner, Mr. Steven Rudek, were Matt Blanc of Blanc & Bailey Construction, Inc. and Barry Bellows of Bellows Construction. They were replacing the former construction companies that were doing the work.

The purpose of coming to the Planning Board meeting was to amend the original site plan. Mr. Blanc wants to remove a 24-foot section of the connector from the Potato Barn so that the connector could be used while the Barn is still under reconstruction and updating. Mr. Blanc said some things had been accomplished, some things remain to be done and he wanted to talk about a few tweaks and changes. Mr. Blanc wanted to know if the Board wanted to have him come back for a full review or if the original site plan could be amended.

Mr. Blanc gave a list of what has been completed so far:

Town water and sewer in place

Fire Hydrant installed (2)

Road is complete with drainage

One bathroom has been installed

New siding and roof will be completed in 2015

Bridge work completed which includes structural reinforcing and road widening

New electrical service – 200 AMP Service

Outside light completed in 2015

The benefits of separating the connector from the barn are:

Fire separation

Since there is a water problem, drainage may be made through the new space between the barn and connector and use it as a swale

The ability to rent the connector space prior to the barn being completed.

Multiple tenants

Additional ventilation or light to areas of the main barn

Potential for access into full basement of main barn and connector.

There are no tenants at this point but there are prospects for both the connector and for the barn. The connector is pretty close to being ready for occupancy. The barn will take longer and the plan is not to go too far along until a tenant is known. So the intent right now is to get the barn beautified.

What Mr. Blanc was proposing was to separate the connector to get square footage down, have tenants occupy the connector. This would mean that they could go ahead without putting a sprinkler in. If the connector was not separated, then the square footage of the entire building would mean a sprinkler had to be put in. If the sprinkler in the barn was installed, it would have to be refitted once a client is found, Mr. Blanc said, it would be very expensive to retrofit.

Another challenge is that there is a lot of water coming off the hillside and the parking lot is a wet area. The plan is to correct that by using the land between the connector and the barn as a swale. That work would be done once access is approved for Route 12.

The state has approved access once, then rejected it. Mr. Rudek will be going back to the state. A couple of tenants need that access before signing a contract.

Also, Mr. Blanc said Mr. Hurlburt was not happy about having tenants in the connector while attached to the barn without it having a sprinkler. It it’s separated, it is under the code for requiring a sprinkler, Mr. Blanc said.. The time line for the connector is to be ready by spring.

Mr. Miller asked if everything else will remain except for the connector and access to Route 12. Mr. Blanc said yes. He continued that the barn is a separate piece. Whenever there is an occupant, they would come back to the Board.

Ms. Mansouri asked about the size of the connector. As it is now it’s 88 feet by about 20 to 24 feet.

Mr. Dalessio reminded them that they will need to renew their building permit. He also asked if the end design is what we see now. Mr Blanc said that depends on the occupants. There may be a change to the windows and doors.

Mr. R. Miller recused himself from voting on the proposal as he works for Blanc and Bailey.

Mr. Potter made a motion to approve the amended proposal to separate the barn and connector with three conditions:

That the Fire Department approves of the separation.

That a schematic that updates what has been done be submitted.

That access to Route 12 is approved.

Mr. Aldrich seconded the motion and it was unanimously approved by the Board.

Other: The Board Members of the Zoning Board of Adjustment wrote a letter to the Planning Board about its Workshop Minutes dated September 22, 2015. The Zoning Board thinks there were  “misconceptions reflected in those minutes” specifically about the Special Exception process. According to the letter, RSA 674.33, paragraph E subset a – states that “the Planning Board has to approve the Site Plan for the area in question, and give a recommendation to the ZBA, prior to the ZBA issuing a Special Exception.”

There were two attachments to the letter: one was a copy of Chapter 674 Local Land Use Planning and Regulatory Powers and one was the Special Exception Ordinance in the Walpole Zoning Ordinance booklet.

Also, Mr. Randall Walter complained about the time the process took to get Site Plan approval when a Special Exception is needed. Mr. Randall said he first came to the Planning Board in April for an informational meeting. He came back on August 11, 2015. He said he requested to be on the agenda for the next month. There was no vote but he doesn’t know “what that was about.” He came back on Sept 8 and presented his case to the Public. He was told he had to go to the Zoning Board first for a Special Exception. Although Bensonwood was on the agenda for the October meeting, he did not attend the meeting. On October 14, he attended a Zoning Board meeting for a Special Exception and the ZBA said the opposite –  that they had to have permission of the Planning Board. And so finally Nov. 10, the Planning Board voted on the Site Plan Review.

“So my question as an applicant is where is the road map?” Mr. Walter asked. “Where is the road map to who goes first, which Board is contingent on which Board. I think this was poorly handled.” Mr. Walter said he was a former member of the Keene Zoning Board and it was always Planning first. Conditional approval is very messy. And it requires people to come in and use extra time.

In theory you should be able to go to your town and say I want to be on the agenda. And  you should be able to go through the checklist and go right to a hearing, So a lot of time has been added. “I don’t think that’s the goal of the New Hampshire Statutes.

Mr. Miller said the first time Mr. Walter appeared the Board was a little confused on whether or not he wanted a hearing. The secretary said a hearing was not asked for and there was no vote to have a Public Hearing. From his remarks it seemed he was going to come back to explain the major changes in this plan from the former plan in 2008 and then request a hearing.

Mr. J. Miller said the process will be discussed.

Monthly Workshop: Mr. J. Miller said since the workshop would have to be held during Thanksgiving week, that there would not be a workshop this month.

The meeting was adjourned at 7:50 p.m.

Respectfully submitted,

Marilou Blaine