Category Archives: ZONING BOARD

Zoning Board Meeting Minutes – 7/17/20

 

Present: Board members Chair Jan-Galloway Leclerc, Vice-Chair Myra Mansouri, Clerk Tom Murray, Ernie Vose. Alternates: Don Sellarole, Judy Trow, David Edkins. Absent: Board member Pauline Barnes, Alternate Bob Anderson.

 

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the August 2020 meeting for corrections, additions and/or omissions.

Roll Call: Ms. Leclerc called the meeting to order at 7 pm. Board member Ms. Barnes was absent so she asked Mr. Sellarole to fill in for her.

Minutes: Ms. Trow corrected two typos. Page one, at the end of the fourth paragraph, add “Le” to clerc to make the word Leclerc. On page 2, second paragraph, the word procession should be processing. Ms. Mansouri made a motion to accept the minutes as corrected. Mr. Murray seconded the motion and the motion carried unanimously.

New Business:

First Congregational Church handicap ramp at parsonage: Request for a Public Hearing. Dale Woodard and Paul Looney represented the church. Mr. Woodard explained that a renovation project was started this winter on the parsonage and it needed a handicap access so a builder was hired. Mr. Woodard said they didn’t know that they had to have a building permit as well as permission from the zoning board. The ramp is more than the 100 square-foot requirement, which means a building permit is needed. And the parsonage is 59 feet from the center of the road, when the ordinance requires 65 feet. The ramp starts from the side porch on Middle Street and goes toward the road and then makes a 90-degree turn toward the driveway.

Mr. Woodard said the ramp is greater than 130 square feet and closer to the middle of the road than the required footage. He said the new pastor has a study in the parsonage and people are going to want to visit him there. The ramp is partially done, but hasn’t been finished. The house is non-conforming so it’s thought that this is an expansion of a non-conforming situation.

Ms. Leclerc agreed and said that a ramp is in the same category as front steps because it’s necessary and therefore it wouldn’t fall under the category of variance.

Mr. Vose made a motion to hold a public hearing next month (August). Ms. Mansouri seconded the motion and the motion carried with a unanimous vote.

Mr. Woodard asked if he had to do anything else. He has already filed an application and paid the fees. It was suggested he have a darker drawing of the ramp than he presented to the Board so the public can see it from afar when it’s on an easel.

Home business: Miranda Michaud would like to open a hair salon at her home at 488 Wentworth Road, Rural/Ag district.

Ms. Michaud brought in photos of her place – the parking area and her salon space. Ms. Leclerc asked if she was going to have any employees. Ms. Michaud replied “no.” Ms. Leclerc asked if she had plenty of parking and she replied “yes.”. Ms. Leclerc explained that in the rural/ag district home businesses are permitted if there are no more than two employees and if there is adequate customer parking.

Mr. Sellarole surmised that Ms. Michaud would need parking for two cars – one for the client she was working with and one for the client who would be her next customer. Her photograph of the garage and driveway showed that there was clearly enough space for two extra cars.

Mr. Vose made a motion to approve the hair salon at 488 Wentworth Road. Mr. Sellarole seconded the motion and the motion carried with a unanimous vote.

Ms. Michaud said she was going to be putting up a sign for her business and she was told she had to come back to the Zoning Board for permission. Article IV-6 says her sign in the rural/ag district could be 32 square feet in size and no higher than 10 feet. Free-standing signs must be no closer than that 20 feet from the front, side or rear lot line. She asked to be put on the August agenda for signage.

Zoning ordinance cover. Addition of two ordinances to 2019 copy of Walpole Zoning Ordinances. How should these additions be noted?

In 2019, Zoning Board members discovered two ordinances that were previously approved by a vote of the townspeople at a Town Meeting but were not in the current Walpole Zoning Ordinances document. They were added, but since they weren’t new ordinances voted in at the 2019 Town Meeting, it was decided that it should be noted that this new document was different than the previous 2019 document. The question was how should that be noted.

The first suggestion was to put an asterisk after the 2019 on the cover of the document. Then place  another asterisk on the inside of the cover noting the Article number and number of the ordinance and a couple of words about the ordinance – for example, Article VI – Boundaries of Commercial District – No. 7.

Mr. Edkins suggested putting the date that the ordinance was approved at Town Meeting and Mr. Sellarole and Ms. Leclerc suggested using the bottom of the page of the Table of Contents since it is two-sided. The Board thought both ideas were good ideas, so that was what was decided.

Non-public session.

Mr. Vose made a motion to go into Non-Public Session at 7:25 pm. Mr. Sellarole seconded the motion.

At 8:05 Mr. Vose made a motion to come out of Non-Public Session. Mr. Murray seconded the motion and the motion carried by unanimous vote.

Short-term rental ordinance.

The secretary wrote up a sample short-term rental ordinance that included a definition of a short-term rental as well as several conditions the owner of the residence must follow. An example of some of the conditions are:

Detached Accessory Dwelling Units are prohibited from use as a short-term rental.

Short-term rental units must be inspected by the chief of the Walpole Fire Department.

All existing regulations applicable to single-family dwellings shall also apply to dwellings used for short-term rentals.

After some discussion, it was decided to add short-term rentals to the current Bed-and-Breakfast ordinance in General Provisions rather than have a separate ordinance. It will now read:

2.

Article IV

General Provisions

L. Bed-and-Breakfast and Short-Term Rental establishments.

So called “Bed and Breakfast” establishments for the accommodation of paying, overnight guests, may be maintained as home occupations in all zoning districts provided that the number of rooms for rent in any one establishment shall not number more than four and further provided that breakfast shall be the only meal provided and that only to bona fide overnight guests. The conversion of a single-family residence or other building to a “bed and breakfast” shall require Site Plan approval by the Planning Board. Off-street parking for one car per rented room plus space for owner parking shall be provided.

Short-Term Rental is a dwelling unit where transient lodging is provided for compensation for stays of between one and 30 consecutive days, and where the dwelling unit would normally be considered a residential living unit not associated with regulated commercial activities such as a hotel, motel, rooming/boarding house, or bed-and-breakfast establishment. A Short-Term Rental establishment shall require Site Plan approval by the Planning Board.

Ms. Mansouri made a motion to adjourn the meeting. Mr. Murray seconded the motion and the motion carried by unanimous vote.

Respectfully submitted,

Marilou Blaine

ZBA Secretary

cc: ZBA, WPB, Town Offices.

Posted: Inside and outside the Town Offices, on the bulletin board outside of the Post Office, www.walpolenh.us, Walpolean.

3.

Zoning Board Meeting Minutes – 6/17/20

Zoning Board of Adjustment

Town of Walpole

Virtual Meeting by Zoom

Minutes of June 17, 2020

 

Present: Board: Chair Jan Galloway-Leclerc, Vice-Chair Myra Mansouri, Tom Murray, Pauline Barnes. Absent: Ernie Vose. Alternates: Bob Anderson, Don Sellarole. Candidates for Alternate: Judy Trow, David Edkins. Presenters: Thomas Hanna, counsel for Ruggiero Processing Facility LLC , Rob Hitchcock of SVE Associates who prepared the site plan, Joseph Ruggiero, owner of Ruggiero Processing Facility.

 

Roll Call: Ms. Leclerc introduced each Board member and Alternate, as well as the Recording Secretary and she introduced the candidates and guests. She asked Mr. Anderson to step in for Mr. Vose and he agreed.

 

Minutes: Marilou Blaine, Recording Secretary: Ms. Mansouri made a motion to accept the March 2020 minutes. Mr. Anderson seconded the motion and the motion passed unanimously by roll call vote. The June minutes are unapproved and will be voted on at the July 2020 meeting for any additions, omissions or corrections.

 

Election of officers and alternates:

Ms. Barnes made a motion to elect Ms. Leclerc Chair. Ms. Mansouri seconded the motion. A roll call vote of Mr. Anderson, Ms. Mansouri, Ms. Barnes and Mr. Murray approved the motion.

Ms. Barnes made a motion to elect Ms. Mansouri Vice-chair. Mr. Murray seconded the motion. A roll call vote of Mr. Anderson, Mr. Murray and Ms. Leclerc approved the motion.

Ms. Leclerc made a motion to elect Mr. Murray Clerk. Ms. Barnes seconded the motion. A roll call vote of Mr. Anderson, Ms. Barnes, Ms. Mansouri and Ms. Leclerc approved the motion.

Mr. Murray made a motion to elect Ms. Trow as a new alternate. Mr. Anderson seconded the motion. A roll call vote of Mr. Anderson, Mr. Murray, Ms. Barnes and Ms. Leclerc approved the motion.

Mr. Murray made a motion to elect Mr. Edkins as a new alternate. Mr. Anderson seconded the motion. A roll call vote of Mr. Anderson, Mr. Murray, Ms. Mansouri, Ms. Barnes and Ms. Clerc approved the motion.

 

Old Business:

Ruggiero Processing Facility LLC in Industrial Park: Thomas Hanna, attorney for Ruggiero Processing Facility LLC, Tax Map 1, Lot 10-2, Industrial District. Mr. Hanna proposed changing driveway location into the Ruggiero Processing Facility LLC and adding a scale and modular office for employees to do office work and monitor the scale. Also added will be a well and septic system for the modular office.

Ms. Barnes and Mr. Vose had recused themselves from participating in this part of the meeting. Mr. Anderson had already been asked to sit in Mr. Vose’s place. Ms. Trow was asked to represent Ms. Barnes’ place.

Mr. Hanna, a Keene lawyer with BCM Environmental & Land Law, represented Ruggiero Processing Facility LLC. He has represented the Ruggiero Facility before and made a new proposal to use the same 6.23 acres that were the subject of a 2011 Special Exception to approve the new additions to the facility. What is being added to the current use of the property is a driveway in the location that was approved in 2011, (the driveway now goes over an easement owned by Hodgkins and Sons) and to install a scale. Next to the scale would be a 24-foot-by-40-foot modular office for people to do office work and monitor the scale as trucks come through. There would be a septic system and a well installed at the same time.1.

 

It’s the position of the owners of Ruggiero Processing Facility that because this proposal is not an expansion and is only a “minor addition” to the activities already at the site that there is no need for a new Special Exception, Mr. Hanna stated. But he added that he recognized that he had to present a site plan before the Planning Board.

Mr. Hanna said it was the position that the court took when Ruggiero litigated this matter as it relates to the authority and jurisdiction of the Zoning Board over the procession facility. If Ruggiero were going to expand beyond the 6.23 acres, then the thought of a Special Exception would be warranted. But since the land use, in his view, is not changing and there in no expansion of use then Ruggiero just has to have a site plan review.

 

Ms. Leclerc said that now the Board has to make a recommendation to the Planning Board. But Board members had a couple of questions first.

 

Ms. Trow asked if this was a new scale. The answer was that Ruggiero currently takes his trucks to the Cold River Materials facility to be weighed for a fee of $25 per truck.

 

Mr. Anderson asked about increase in traffic. Mr. Hanna responded that as the proposal relates to traffic there is no material difference from what was approved or what is happening right now.

 

Mr. Anderson asked if the people in the office would be there for the whole day. Mr. Hanna responded that currently two people were working from Mr. Ruggiero’s home and office – his daughter and his mother – and they will be working in the modular office.

 

Which agency will deal with the fire risk regarding employees in the office? Mr. Anderson asked. Is it the fire chief? Who would approach the fire chief? What department heads are consulted as part of the site plan? Mr. Hanna responded that the site plan usually includes consulting the fire chief and the building permit and code process would also look at that issue.

 

Mr. Murray asked about the new driveway. Mr. Hanna said that the Department of Environmental Services wants the owner to have its own driveway on its own road and currently the driveway is over an easement. For that reason DES requested the driveway be moved back to where it was originally approved. Mr. Murray then stated “there would be no shared driveway.” Mr. Hanna agreed and said the driveway would go from town road to Ruggiero property.

 

Ms. Leclerc asked if there were any other questions or comments. There being none, she asked for a motion.

 

Mr. Anderson made a motion that the Zoning Board inform the Planning Board that no new Special Exception is required provided that all construction and activities are confined to the original 6.23 acres for which a Special Exception was previously given. Further, the Zoning Board asked the Planning Board to require that, per NH Administrative Code 404.05, any waste stockpile be located, sized, and configured as required by our fire chief for the purpose of fire safety; that the fire chief also inspect all construction for any potential safety hazards, and that Ruggiero be required not to exceed the hours of operation stipulated in the original Special Exception. Mr. Murray seconded the motion.

 

Roll vote to approve the motion: Mr.. Anderson, Mr. Murray, Ms. Trow, Ms. Mansouri and Ms. Leclerc all vote yes.

 

Ms . Leclerc told the Board she would let the Planning Board know about the vote and the recommendations and that Mr. Ruggiero is free to go ahead with the site plan. The original hours of operation are Monday through Friday 7 am to 5 pm. Saturday 7am to 1 pm. No Sunday hours.

 

Response Letter to the Select Board – Signage on Route 12. Response from ZBA regarding adding two zoning ordinances to the Walpole Ordinances document, the oscillating sign ordinance and creating a new ordinance for feather flags. There was also a question about the cover of the Walpole Zoning Ordinance saying amended in 2020.

 

The recording secretary said that she had already started a response letter. It already included a copy of the sign ordinance in which the word “oscillating’ appeared and the following year a tally of the vote was recorded. It was approved by the town in 1998 and the Town report of 1999 shows that the recorded vote for that sign ordinance was 453 yeses and 175 nos.

 

Regarding the question of how to indicate an addition to the Zoning Ordinances document without a vote on a new ordinance at Town Meeting by the Townspeople in 2019. The Board decided that it should somehow be noted that an addition was made to the document or otherwise if you were to use the current Walpole Zoning Ordinances you have in your possession saying “Amended in 2019”, you would not have a complete list of all the zoning ordinances in the booklet. In place of saying Amended in 2020, the Zoning Board is suggesting an asterisk be placed next to the 2019 on the cover. It refers to an asterisk on the inside cover explaining that these are two ordinances previously approved at Town Meetings but never included in the document. The two ordinances are now being added to the document this year.

 

Regarding creating a new ordinance for feather flags.

The Board believes that the current sign ordinances already prohibit feather flags for the following reasons:

All signs permitted shall be constructed of durable materials, affixed to a building or the ground, and shall be maintained in good condition and repair at all time.

The permitted distance from the center of a traveled roadway is 60 feet. Feather flags seem to appear at the edge of the roadway.

Distance from another sign must be100 feet.

Temporary signs usually refer to construction and real estate signs.

Feather flags oscillate: The definition of oscillating means Waiting for Don’s definition

Short-term rental ordinance. Draft I. Ms. Leclerc recommended that the Board read Draft No. 1 of the short-term rental ordinance and then come back to the July meeting with questions, suggestions and any additions regarding the draft. It may take several drafts before settling on one.

 

Closing the meeting: Ms. Mansouri made a motion to adjourn the meeting. Ms. Trow seconded the motion and the Board approved the motion by roll call.

Respectfully submitted,

Marilou Blaine

ZBA Secretary

Zoning Board Agenda – 6/17/20

Zoning Board of Adjustment

Wednesday, June 17, 2020

Walpole Town Hall

7 pm

Roll Call: Appointment of alternates if needed.

Minutes: Review minutes of March 2020 meeting.

Election of Officers.

Old Business:

 

Ruggiero Processing Facility: Tom Hanna. Ruggiero Processing Facility LLC, Tax Map 1, Lot 10-2, Industrial District. Mr. Ruggiero wants to change driveway into the Ruggiero Processing Facility LLC, a new scale and a modular office to monitor the scale. Is adding septic system for the modular office.

New Business:

 

Maybe Request for a Public Hearing for a Special Exception in the rural/ag district: Greg Taylor, 455 March Hill Road, Tax Map 11, Lot 53. A buyer wants to have a woodworking business in the building on his property.

Greg Taylor – Recommendation for a Special Exception to have a commercial operation in the Rural/Ag District: Mr. Taylor would like to sell his property on 455 March Hill Road to Tim Stebbins, who would have a woodworking business there to make custom doors and windows. Map 11, Lot 53 Rural/Ag District. 

Response Letter to the Select Board – Signage on Route 12. Response from ZBA regarding adding two zoning ordinances to the document and the oscillating sign ordinance, creating a new ordinance for feather flags. Question about the cover of the Ordinance.

Short-term rental ordinance. Draft I.

Election of Alternates.

 

Zoning Board Meeting Minutes – 2/19/20

Present: Board Members: Chair Jan Galloway Leclerc, Vice-Chair Myra Mansouri, Clerk Judy Trow, Tom Murray, Pauline Barnes. Alternates: Ernie Vose. Absent: Bob Anderson, Don Sellarole.

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the regular March 2020 meeting for corrections, additions and/or omissions.

Roll Call: Ms. Leclerc called the meeting to order a couple of minutes before 7 pm. A full Board was present so an alternate was not needed to fill in.

Minutes:  There was one correction: remove the words “come to,” page 2, paragraph 5. Ms. Trow made a motion to approve the minutes as amended. Ms. Mansouri seconded the motion. The Board approved the motion.

Signage: Edward Jones, 8 Westminster Street. Postponed until next month.

Old Business:

Public Hearing:

Variance: Marcus Lovell Smith, Boggy Meadow Farms, 13 Boggy Meadow Lane, Tax Map 7, Lot 1, rural/ag district wants to put a mobile home in the barnyard area of the farm. He is hoping to start milking cows again (he has 250 new heifers) and the mobile home is for two employees to be near the cows 24 hours a day. Article VIII, Section B.

Mr. Smith explained his proposal. He said he wanted permission to place a mobile home into the main part of the barnyard at Boggy Meadow Farm so there would be 24-hour-a-day supervision for the cows, which is needed to resume a dairy operation. Currently the milking parlor needs refitting and the hope is that once that is done, the dairy operation will be up and running, he said. The accommodations that we used before don’t have a direct line of sight to the dairy barn. The mobile home will be “invisible” or hidden from the road and any neighbors. Without the mobile home, there would be no dairy operation, he said. It is absolutely crucial to have the mobile home to accommodate 24-hour-labor.

Mr. Smith read the answers to the five conditions for a variance and after he was finished reading all five conditions, the Board discussed each one and then voted on the variance.

Mr. Smith wrote “the variance is requested to erect a temporary mobile home to accommodate farm workers, and will be removed if there are no active dairy operations.”

1. The proposed use would not diminish surrounding property values because:

Site is not visible from surrounding properties.

2. Granting the variance would be of benefit to the public interest.

On-site accommodation is necessary for a dairy operation.

3. Denial of the variance would result in unnecessary hardship to the owner because of the following special circumstances of the property that distinguish it from other properties similarly zoned because:

Accommodation necessary to house farm workers.

4. Granting the variance would do substantial justice because:

It would enable the dairy operation. Without it, we wouldn’t be able to operate a dairy farm.

5. The proposed use would not be contrary to the spirit of the ordinance because:

As set out in the ordinance, “the purpose for establishing a rural/agricultural district is to provide ample areas for pursuit of agriculture including but not limited to dairy farming, poultry raising and timber harvest”, and this accommodation will enable the dairy operation. Furthermore, the use would fall into the category “usual and ordinary farming activities.”

Ms. Mansouri asked what his statement that “you may or may not start a dairy operation” meant. Mr. Smith said there are a bunch of conditions. One is 24-hour supervision, but also the milking parlor has to be restored, which is costly. If these condition don’t work out, there would be no need for a mobile home. She then asked about the two farmhouses on the property and where the septic would be? Mr. Smith said he doesn’t know yet if he can hook to an existing septic system or has to put in a new one. He’s waiting to see if a new system is needed and if it were, he would put in a new one. Ms. Leclerc said septic systems are part of the building permit process and must satisfy State requirements. A copy of State approved design must accompany the building application.

Mr. Vose asked if the dairy operation ceased, would the mobile home be removed? Mr. Smith said yes. Me. Vose then said that the ordinance requires that a mobile home be placed on a permanent foundation. Discussion followed on this topic. Ms. Leclerc said the requirement could be waived. What would constitute a temporary foundation? Suggestions were: a slab, a cement block foundation, cement blocks where needed as a foundation, but not the wheels of the mobile home. All would need  some kind of skirt or covering to go around the bottom of the mobile home.

Comments from the Board to Mr. Smith’s answers to the variance conditions:

1. Ms. Trow said the mobile home is surrounded by farmland and only visible when you’re on the property.

2. Ms. Barnes said the state of New Hampshire takes a very positive view of farming and Walpole has been known for its dairy farms, so I suggest that would be in the public interest. RSA 617:1 says agricultural activities are a beneficial feature of the New Hampshire landscape and should not be unreasonably limited by a municipal zoning power.

​​3. Ms. Barnes said denial would make the need for employees for a 24-hour watch over the cows makes it different from other properties.

4. Ms. Trow said the variance allows dairy farming to come back into operation.

5. Ms. Leclerc said the property is zoned rural/ag and permits the land to be used for dairy farming.

Ms. Trow made a motion to grant a variance for Section VIII Section C, Tax Map 7, Lot 1, 13 Boggy Meadow Lane, to allow a mobile home to be placed on a permanent foundation as indicated on the map while it operates as a dairy operation.

Ms. Leclerc asked if she meant permanent foundation or a temporary foundation. Mr. Smith said he didn’t think a permanent foundation was needed and would prefer that the motion say something about a temporary one. He knows of another dairy farm that uses cement blocks for its mobile home and he hasn’t any idea of how much an additional cost would be for a permanent one. The Board discussed temporary foundations and then decided to replace the word permanent in the motion with the word adequate. The motion was amended to substitute the word adequate for permanent. Mr. Murray seconded the motion and the Board approved the motion.

New Business:

Catherine Harris: Signage – 6 Ames Plaza. Sign is 18 inches by 47.5 inches. Closest neighbor, Power Sports, has a sandwich-board type of sign that gets moved every day.

Mark Smith represented Ms. Harris. He produced a copy of the sign. It says CHS in large blue letters. The S has a picture of the globe in the bottom of the S. Wealth Management & CPAs are in much smaller black letters below that. On the right side of the sign are the services listed: investments, taxation, consulting, estates/trusts, then a telephone number (866-247-6800) and a web address. The two-sided sign will be placed on the lawn in front of the office parking lot on Ames way. It is in the permitted 65-foot distance from the center of Upper Walpole Road. A light will shine up at the sign. There will also be two lights at the bottom of the parking lot, one at each end.

There was a concern about the light shining up at the sign that would not be in keeping with dark sky lighting. Mr. Smith said the light would be on a timer and shut off at 9 pm. Another concern of the Board regarded the brightness of the lights, including the ones by the parking lot. Since lighting is under the purview of the Planning Board, the ZBA can’t rule on that matter.

Ms. Trow made a motion to approve the sign as it complied with the ordinance. Ms. Mansouri seconded the motion and the Board approved it.

Chad Thurston: Variance or Expansion of a Non-conforming Use for 65-foot setback from the road for a porch at 73 Main Street, former American Legion building. He also needs to go before the PB for a site plan.

Mr. Thurston explained he planned to build a simple 6-foot-by-26-foot open farm-style porch across the front of the building. The porch would provide entry to the building for tenants who live in the two upstairs apartments as well as for customers for the proposed real estate office on the first floor. He said that a porch had been approved before when Costume Ladies was in the building, but that was in 2014 and the approval status is no longer valid.

The Board decided that since the building didn’t conform to current zoning ordinances an Expansion of a Non-conforming Use application was more appropriate than a variance. A motion was made, seconded and passed to hold a Public Hearing for the addition of a porch in March.

Ryan Harrison and his wife purchased a house at 113 Prospect Hill, Tax Map 17, Residential A.

Mr. Harrison had a map and plans of the house and the addition to the house for an ADA compliant apartment for his in-laws and an attached garage. The house itself is about 45 feet from center of road and the addition is a few feet further back. They cannot push the addition towards the back of the lot  because of the lot topography and a pool in the back.

Mr. Murray asked if there would be a new driveway. Mr. Harrison said he had been in contact with Road Agent Michael Rau who said it would depend on when the house was built. If it were built before 1971, he could put in a driveway directly to the new garage. If it were built after that, he would have to figure out something else. Mr. Rau is checking on that matter.

Since the house is non-conforming, the Board decided Mr. Harrison also needed an Expansion of a Non-conforming Use application. Ms. Trow made a motion to hold a Public Hearing next month for an Expansion of a Non-conforming Use. Mr. Murray seconded the motion and the Board approved the motion.

Allen and Tiffany Parker, owners of 47 River Road North, Tax Map 18, Lot 12-1, came in to discuss the letter they received from the Selectboard about three apartments at that location. Having three apartments in a Residential B district is not permitted. Therefore, they needed to get a Special  from the Zoning Board of Adjustment to keep the third apartment and that also required a site plan from the Planning Board

Mr. Parker said that there were not three apartments at that location, there were actually only two apartments in that building. When he and his wife bought the building, Mr. Parker said there were four apartments. They were simply making renovations to the house.

He was advised that he should check with Town Offices if indeed he had been paying taxes for a three-apartment house. The Board apologized for the mistake and the stress the couple had gone through.

 

Signage: Jack Franks took down the sign on Red Barn Lane. He apologized for being late in taking down the sign.


Short-term rentals such as Airbnbs: Ms Leclerc had gone to the Select Board to discuss contacting the town attorney about adding short term rentals, such as provided by companies like airbnbs, being added to the B&B ordinance. The secretary had contacted the NH Municipal Association about this matter and after reading the town ordinance to one of the lawyers at the Association, he confirmed that that ordinance would also include covering short term rentals. However, the Select Board wanted something in writing from the Association so Chair Leclerc called and asked for that confirmation in writing, which she got.

 

It was decided that a small change could be made to the ordinance. It would now read. “Bed and Breakfast and Short-term Rental establishments (ex. Airbnbs) for the accommodation of paying, overnight guests, may be maintained in all zoning districts provided that the number of rooms for rent in any one establishment shall not number more than four and further provided that breakfast shall be the only meal provided and that to bona fide overnight guests. The conversion of a single-family residence or other building to a bed and breakfast or short-term rental shall require Site Plan approval by the Planning Board. Off-street parking for one car per rented room plus space for owner parking shall be provided.”

 

Copies of ordinances from Alstead, Chesterfield, Portsmouth and Winchester regarding Bnb ordinances and districts where Bnbs were permitted were distributed to the Board. New legislation before the NH Legislature was also provided.

 

Ms. Mansouri made as motion to adjourn the meeting. Ms. Trow seconded the motion and the Board approved the motion.

 

Respectfully submitted,

Marilou Blaine

ZBA Secretary

Zoning Board Meeting Minutes – 11/15/17

Zoning Board of Adjustment

Town of Walpole

Wednesday, November 15, 2017

7:30 pm

 

 

Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway Leclerc, Mary Therese Lester, Judy Trow, Tom Murray. Alternate: Ernie Vose. Absent: Pauline Barnes.

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. There were five board members present so an alternate was not needed to fill in.

 

Minutes: On page 2 there were a couple of grammatical corrections. For example, provided should be provide, include should be includes and in sixth paragraph there should be the word stated after Ms. Lester. Also Ms. Clerc pointed out that Mr. Sawyer’s pit on Route 12 is not grandfathered. Ms. Lester made a motion to accept the minutes as amended. Ms. Trow seconded the motion and it was approved by the entire Board.

 

New Business:

Paula Burdick: new driveway Elm Street – Ms. Paula Burdick did not come to the meeting.

 

Update on Dan Mandich business From the Heart: Ms. Mansouri explained Mr. Mandich dropped off the form from the state for his home office on Prospect Hill. She signed it, made a copy and then he had to take it to the fire department for the fire chief to sign. Mr. Mandich will then bring back the form from the state and we will copy it and put it in his file. He’s not having anyone coming to to his house.

 

Update Carmody property, 6 Ames Lane, 2009 Town Report – There were questions about the status of the Carmody property on Ames Lane. According to the 2007 and 2008 Town Report, Dearborn Circle and Burrows Lane were changed to residential B at a vote on the warrant that resulted in 973 for and 137 against.

Ames Lane is a private road so their frontage is on Dearborn Circle, Ms. Trow said. So that means if the frontage of the lots is on Dearborn Circle, then the two lots are Residential B, not commercial.

Mr. Vose said one of the Carmody lots is on a corner so it’s also on Upper Walpole Rd. He would have the proper frontage there.

Ms. Leclerc said the lots may have the frontage on Dearborn Circle, but there is nothing in the zoning ordinance that says they have to use the frontage for access. 

Ms. Mansouri said the map say it’s Residential B and the tax card says it’s commercial.

In the end, the Board looked up the recently redrawn zoning map from Avitar.  That map indicates that the lot with frontage on both Dearborn Circle and Upper Walpole Road is in Residential B. It also shows the lot that was subdivided off from the corner lot is zoned commercial.

                                                                     

Patricia Rodrigues request

Under the Right to Know law, Ms. Rodrigues requested by email copies of the gravel pit inspection reports for Graves Gravel pit and Hodgkins Industrial Park Gravel Pit. The secretary sent her copies of each report after she supplied her mailing address.

 

Lighting

At the request of the Board at the October meeting, the Board asked the secretary to research lighting and to check with Mari Brunner at Southwest Regional Planning Commission. Ms. Brunner suggested looking at the manual “Innovative Land Use Planning Techniques,’’ which the secretary obtained for free from Steve Landry of the NH Department of Environmental Services. Also included in the lighting information was the Planning Board’s lighting plan in the site plan and a document that was in the file.

Ms. Trow said, regarding the Irving sign, she wanted to see the sign illuminated so in the future she’ll have a better idea of brightness. Ms. Raynie Laware said the sign would be 6700 lumens. Some of the sample ordinances in the “Innovative” book recommended1800 lumens as the optimum number of lumens. All agreed that seeing the sign will make the difference. If there’s a problem, Ms. Laware said the lights could be dimmed.

Ms. Trow asked if light is a zoning responsibility. Mr. Vose responded that the Board can put conditions on anything.

 

New Business:

Ms. Mansouri was at the Planning Board meeting the previous night and there was a Public Hearing on amending the Detached Accessory Dwelling Units. The Planning Board voted to recommend the amendments and they will be placed on the warrant in March.

Ms. Mansouri and Mr. Jeff Miller, chair of the Planning Board, are the ones who came up with the language for the amendments.

The amendments are:

A definition of DADU:

As defined as a residential living unit that is with the same single-family lot and provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal unit it accompanies.

1-F No conversions to condominiums and must remain in common ownership.

2-D Only one DADU per lot.

2-E Must comply with town ordinances and regulations.

Ms. Mansouri asked if the language for the amendments were going to the town attorney. She will check with the Planning Board chair Jeff Miller.

 

Town Warrant 

Ms. Trow and Ms. Barnes were looking into the signage on Alstead Center Road, which at one time was called Hitchcock Road. Ms. Trow said that she and Ms. Barnes had the maps out and quickly felt that the descriptions were descriptions of 1960 things that they had no knowledge of. She said she always relied on the maps before and not the written descriptions in the ordinance.

Ms. Mansouri said she would contact the Municipal Association in Concord and ask them to help write an ordinance as simple as possible. But if it goes on the warrant, it needs two Public Hearings by the Planning Board. The name of the road was changed when 911 went in.

 

Good News 

Bob Anderson said he would be happy to come back as an alternate starting in January. Everyone was very glad to see him when he stopped in and were delighted with his decision to comeback on the Board. He has been missed.

Mr. Murray wanted to know the zone of the lot next to where Dr. Chuck Shaw’s veterinary business is. Mr. Vose responded rural/agricultural.

 

Mr. Vose made a motion to adjourn. The motion was seconded by Ms. Leclerc and entire Board vote in the affirmative.

 

Respectfully submitted,

Marilou Blaine

 

Next meeting: Wednesday, December 20, 2017

Zoning Board Agenda – 11/15/17

Agenda for Zoning Board of Adjustment

Wednesday,  November 15, 2017

Walpole Town Hall

 7:30 pm

 

Roll Call: Appointment of alternates if needed.

 

Minutes: Review minutes.

 

Old Business:

Paula Burdick: new driveway Elm Street

 

Update on Dan Mandich, 33 Prospect Hill – home business

 

Update Carmody property, 6 Ames Lane, 2008 Town Report

 

Patricia Rodrigues request

 

Lots of stuff on lighting

 

Next meeting Wednesday, December 20, 2017

 

Happy Thanksgiving everyone

 

Zoming Board Meeting Minutes – 9/20/17

Zoning Board of Adjustment

Town of Walpole

Wednesday, September 20, 2017

7:30 pm

 

 

Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway Leclerc, Mary Therese Lester, Judy Trow, Tom Murray. Alternates: Pauline Barnes. Ernie Vose.

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. There were five board members present so an alternate was not needed to fill in.

 

Minutes:  Corrections to the minutes are as follows: page 2 paragraph 2, third line – built should be build; page 1, last paragraph, last sentence – was should be changed to were. Ms. Trow made a motion to accept the minutes as amended. Ms. Lester seconded the motion and the Board vote to approve.

 

New Business:

Paula Burdick: new driveway Elm Street

Ms. Paula Burdick said she was not coming to the meeting tonight because she had resolved the design of her driveway on Elm Street.

 

Signage: Bruce Bergeron, representing Irving Oil, new sign at Jakes Market

Raynie Laware and Karen Tyler were representing Jakes Market and Deli, 51 Main Street. The land is owned by the Walpole Foundation and Ms. Tyler and Ms. Laware were representing the Foundation. The applicant is Rob Hunt.

The Board had a picture of the sign. Ms. Laware explained that the sign was two-square feet smaller than the previous sign. The sign is free-standing. The existing pole will remain, the existing coroplast sign at the bottom will be removed as will the existing price sign. A digital LED sign will replace the price sign and become part of the Irving sign. Ms. Laware said it will not be as bright as the one now.

There were questions whether the lighted portion of the sign will be dimmed or go off. Ms. Laware said the price sign will go on when the store opens at 6 am and go off when it closes at 8 pm. The pumps will not operate when the store is closed.

A couple of Board members wanted to know how bright the price sign will be. Ms. Laware did not know but said she would let the secretary know and the secretary would let the Board know.

Mr. Vose said it is a better situation. Ms. Lester liked the sign also. Mr. Murray said this sign is cleaner, more clearer and less cluttered.

Mr. Murray made a motion to accept the sign as presented and on the condition the Board approves the wattage. Ms. Trow seconded the motion and it was approved by the rest of the Board.

 

Bob Mandich, 33 Prospect Hill – home business 

Mr. Bob Mandich came before the Board to discuss a home business. The business is called “From the Heart” and it is to provided home care for people who need it. The services that are supplied will be mostly paid for by the state, he said. It include transportation to medical appointments and someone to come in and help. Everyone who gives a service will be bonded, trained and vetted.

The home office is in Residential B. Mr. Mandich who will be the only employee. His brother and sister own businesses of the same name in three cities in Pennsylvania. He said the state needs a letter from the Zoning Board stating a home office is permitted in this district. Zoning Ordinance Article V, Part B 3 says, “Residences may be used to house such customary uses by the owner or tenant as offices for doctors, lawyers, real estate and insurance, or other recognized professions or such home occupations a hair dressing or dress-making, except that the number of person employed at any one location shall not number more that two persons in addition to the owner or tenant. Adequate off-street parking shall be provided on the premises.” Since Mandich is the sole employee, parking was not an issue.

The Board acknowledged that his business fit this description and the secretary will write a letter to the state.

 

Old Business:

Executive session – minutes

The Board got a copy of the Executive Session minutes for August 16, 2017. Mr. Vose made a motion to accept the minutes and seal them. The motion was seconded by Ms. Leclerc and approved by the Board.

 

Gravel Pit Inspections

Everyone turned in their gravel pit inspection forms. Ms. Mansouri and Ms. Trow inspected the two Hodgkins pits and Ms. Trow said everything was in order.

Ms. Leclerc and Mr. Murray inspected the Tim Graves Gravel pit on Wentworth Road and the Sawyer Gravel pit, which is grandfathered. Ms. Lester and Mr. Vose inspected Cold River and Whipple Hill. Ms. Lester that Cold River had enough base that they would be taking stuff out of there for the next 20 years.

The reports will be copied and sent to each owner with a letter saying that the gravel pit has had its yearly inspection.

 

Corrections to last month’s minutes about Carmody property, 6 Ames Lane

There are still questions about whether the Carmody property is Residential B or commercial. The Town map indicates it is residential and included in the property in the Dearborn Circle neighborhood. The tax map says it is commercial. The secretary will look up the Walpole Report of 2008 to see whether the Carmody property was part of the land voted Residential B at the March 2007 vote.

 

2018 Planning and Land use Regulation Manual

It was decided that the secretary will order two manuals – one for the new alternate Pauline Barnes and one for the Zoning Board office.

 

Obsolete Ordinances: Ms. Barnes brought up the fact that one of the ordinances about signs is obsolete. It is the one about neon signs, which no longer were being made. What does the ZBA do about “horse and buggy” type ordinances.

She also brought up the question about wattage of LED signs. What’s the norm? What makes a LED sign too bright that it might interfere with a neighbor?

The secretary will contact the Southwestern Regional Planning Commission and see if the organization had information on LED lighting.

 

Respectfully submitted,

Marilou Blaine

Zoning Board Meeting Agenda – 10/18/17

Agenda for Zoning Board of Adjustment

Wednesday,  October 18, 2017

Walpole Town Hall

 7:30 pm

 

Roll Call: Appointment of alternates if needed.

 

Minutes: Review minutes.

 

New Business:

Paula Burdick: new driveway Elm Street

 

Signage: Bruce Bergeron, representing Irving Oil, new sign at Jakes Market

 

Bob Mandich, 33 Prospect Hill – home business

 

Old Business:

Gravel Pit Inspections

 

Corrections to last month’s minutes about Carmody property, 6 Ames Lane

 

Executive session – minutes

 

Next meeting Wednesday, November 15, 2017

Zoning Board Meeting Minutes – 9/20/17

Zoning Board of Adjustment

Town of Walpole

Wednesday, September 20, 2017

7:30 pm

 

Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway Leclerc, Tom Murray, Judy Trow, Mary Therese Lester. Alternate: Pauline Barnes. Absent: Ernie Vose. 

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. There were five board members present so no one was needed to fill in.

 

Minutes:  Corrections to the minutes are as follows: page 4, first paragraph – center of the road was changed to edge of the road; page 2, paragraph 2 second sentence should be in quotes and in the same paragraph the last word, “with” should be followed by “selling excess materials.”

Ms. Leclerc made a motion to accept the minutes as corrected. Mr. Murray seconded the motion and the Board voted in favor of the motion.

The August Executive Session minutes will be voted on next month.

 

New Business:

Paula Burdick wants to put in a new driveway at a home she owns on Elm Street. Ms. Burdick could not make the meeting so it was postponed until next month.

New signage at Jakes was postponed until next month.

 

Gravel Pit Inspections:

Every year gravel pits must be inspected by the Zoning Board. This year the assignments are as follows:

Cold River and Whipple Hill – Ernie and MT

Hodgkins – Drewsville and Industrial Park – Judy and Myra

Graves – Jan and Tom

Sawyer – Jan and Tom

Inspection forms will be turned in at the October meeting.

Ms. Barnes asked about inspections. Ms. Trow suggested she check RSA 1:55, which is in the Planning Board manual on page 119.

 

Letter to the Zoning Board

The Zoning Board received a letter from a Walpole resident living in Dearborn Circle. The person was  concerned about the September Zoning Board minutes and was writing about the discussion of a storage facility at 6 Ames Plaza Lane.

The letter said that in March 2007, Dearborn Circle and Burrows Lane was changed by referendum ballot from Commercial to Residential A.

The letter also mentioned that the trees, mentioned in the minutes, were not tall, nor adequate in their implementation. “They do not provide adequate screening, as the lower branches die off in the single-row planting. No tree is greater than 30 feet tall, and three trees in that row have died in the past five years.”

The tax card was looked at and it was found that that property is zoned Residential B, not commercial, as was stated at the prior meeting. A person could not build a storage facility there without a Special Exception or a Variance. And an owner of the property could not built a four or six apartment house structure as an apartment in Residential B can only have two apartments.

 

Warrant Article 

Ms. Trow and Ms. Barnes will read through the Zoning Articles and find road names that have been changed. Changes to the Zoning Articles will then be presented at two public hearings regarding the name changes and be put on the 2018 warrant.

 

A motion was made to adjourn. It was seconded by Ms. Lester and approved by the Board.

 

Respectfully submitted,

Marilou Blaine

Zoning Board Agenda – 9/20/17

Agenda for Zoning Board of Adjustment

Wednesday,  September 20, 2017

Walpole Town Hall

 7:30 pm

 

Roll Call: Appointment of alternates if needed.

 

Minutes: Review minutes.

 

New Business:

Paula Burdick: new driveway Elm Street – Tom Aldrich will explain

 

Maybe Pro Signs: New signs at Jakes

 

Gravel Pit Inspections

 

Old Business:

Letter to Zoning Board

 

 

 

Next meeting Wednesday, October 18, 2017