Category Archives: ZONING BOARD
Zoning Board Meeting Agenda – 5/17/23
Zoning Board of Adjustment Meeting
Wednesday, May 17, 2023
Town Hall
7 pm
Roll Call:
Minutes: April 2023 and minutes of nonpublic session.
Old Business:
Public Hearing: Variance: William and Trina Carmody, 31 Pleasant Street, Tax Map 20, Lot 25, Residential B District. Add a 6-foot-by-30-foot covered porch to the front of the house. Article V, D-2, Distance from the center of the road.
Zoning Board of Adjustment – 4/19/23
Roll Call: Present: Board members Chair Jan Galloway-Leclerc, Clerk Tom Murray, Tom Winmill, Dave Edkins. Alternates: Don Sellarole, Myra Mansouri. Absent: Board member Pauline Barnes, Alternates Carolyn Vose and Shane O’Keefe. Also at the meeting were Lindsay Miller and Benji Thurber who live at 186 Barnett Hill. The couple had fire damage to their house on March 18th of this year. Also Bill Carmody who had an application for a farm-style porch at his home on Pleasant Street.
Recording: Secretary Marilou Blaine. These minutes were recorded and are unapproved. They will be reviewed at the May 2023 meeting for corrections, additions or omissions.
Called to order: Ms. Galloway-Leclerc called the meeting to order at 7 pm. Alternate Myra Mansouri was asked to fill in for the absent board member and she agreed.
Election of Officers: Mr. Murray made a motion to elect the current chair Jan Galloway-Leclerc as chair. Mr. Edkins seconded the motion and the motion carried.
Ms. Galloway-Leclerc made a motion to elect Mr. Edkins vice-chair. Ms. Mansouri seconded the motion and the motion carried.
Mr. Mansouri made a motion to elect Mr. Murray as clerk. Mr. Edkins seconded the motion and the motion carried.
Review of Minutes of March 2023: Mr. Murray made a motion that the March 2023 minutes be approved as printed. Mr. Edkins seconded the motion and the motion carried.
New Business:
186 Barnett Hill Road
Kim Wilson of American Mobile Homes Inc. contacted Chair Galloway-Leclerc about a couple looking to set up a temporary mobile home about a week ago. Ms. Wilson wrote that the Miller family suffered a fire on March 18, 2023, which left their home not livable. The Millers would like to install a temporary mobile home to be use as living quarters while the family rebuilds their fire-damaged home. They will need the mobile home for 6 to 12 months.
Lindsay Miller and Benji Thurber were at the meeting to ask the board for temporary placement of a mobile home on their Barnett Hill Road property while repair work is done at their home. Ms. Miller explained their circumstances stated above.
Mr. Winmill asked if they had an application. Ms. Galloway-Leclerc said they didn’t need an application because there is an ordinance pertaining to their request. She directed the board to look at Article IV, General Provisions, Section F. Trailers and Mobile Homes.
Number 3 says “The Board of Adjustment may grant a permit for the temporary use of a trailer or mobile home to be maintained as living quarters, by a person employed in adjoining construction of a timber harvest or for whom a permanent residence is under construction, or as an office, storeroom or shop in connection with active construction of the premises that such use will conform to the sanitary requirements of this Article Section C. In granting such permits the Board of Adjustment shall attach reasonable time limits for the removal of such mobile home or trailer.”
Mr. Edkins asked if they would be hooking up the mobile home to their septic system and well and for how long. Ms. Miller said yes to hooking up to their current utilities and they were told it would take 6 to12 months.
In the letter from Mr. Garrity of American Mobile Homes, he wrote “The utility connections for the mobile home will be connected to existing utilities on the property. A licensed plumber will be making the water connection at the well head outside and build an outside well hut to protect if from the outside elements and connecting the drain line from the mobile home to the existing sewer line clean out. The electrician will make a connection to the existing temporary service on the property to feed the mobile home. Permits will be pulled by both and utility connections will be inspected by the plumbing & electrical inspectors.”
Mr. Winmill said this request was not on the agenda. Ms. Galloway-Leclerc said she was just recently informed of this situation.
Ms. Mansouri asked where on Barnett Hill did they live. Ms. Miller said they have 18 acres and it’s up the hill and near the Alstead line. She then asked where would mobile home be placed. Ms. Miller said in the current driveway.
Mr. Edkins made a motion to grant the temporary mobile home at 186 Barnett Hill Road for a period not to exceed a year. Ms. Mansouri amended the motion to add that in 10 months Ms. Miller report back to the Zoning Board of Adjustment on the current progress to the house. Mr. Murray seconded the amended motion and it carried with a voice vote.
Mr. Winmill asked if abutters were notified. Ms. Galloway-Leclerc said there is no requirement to notify abutters.
New application
Bill Carmody, 31 Pleasant Street, Residential B district, add a farm-style porch to front of the house.
Mr. Carmody had talked to Mr. Ernie Vose, Walpole’s zoning administrator.
There was discussion about whether Mr. Carmody needed a Variance or Expansion of a Non-conforming Use application. The board eventually decide Mr. Carmody needed a Variance and the reason was because the house was too close to the center of the road. “Article V, Residential District A and B, Land Standards, No. 2. No building may be erected closer than sixty-five (65) feet to the center line of the abutting right-of-way nor closer than twenty feet to any side or rear property line.”
Mr. Winmill said Mr. Carmody is not on the agenda. Ms. Galloway-Leclerc said he is submitting the application tonight and you will get a copy of the application before the next meeting. Then Mr. Winmill got up, put on his jacket, put his computer in his back pack and left the room. It was about 7:40 pm.
Mr. Carmody asked about abutters and he was told he needed to include those across the street including the street behind him., which is Westminster Street. He added two abutters to his list and filled out a check. A motion was made and seconded to hold a public hearing for Mr. Carmody’s request for a variance at the May meeting and the motion carried.
Tribute for Judy Trow
Ms. Trow was secretary for the Zoning Board of Adjustment for 16 years before she became a member of the board. She also served almost as many years as a board member. During those two terms of service to the community, she became an expert in knowing the ordinances and application processes. She treated every applicant with the utmost respect. She is missed by the remaining board at every meeting for her gentle manner and her expertise. She also has a great sense of humor.
Nonpublic session
Ms. Mansouri made a motion to go in nonpublic session. Mr. Edkins seconded the motion and the motion carried. The board went into nonpublic session at 8 pm and came out at 8:20 pm.
Mr. Edkins made a motion to come out of nonpublic session. Mr. Murray seconded the motion and the motion carried. Aftershock coming out of nonpublic sessions Mr. Edkins made a motion to keep all the minutes discussed sealed. Mr. Murray seconded the motion and the motion carried.
Maps
Mr. Winmill had previously asked Ms. Galloway-Leclerc about locating some old maps. Board members didn’t seem to know where the maps he referred to were. However, there is a reference to maps in the Ordinance in Article III Purpose. “For the purpose of this ordinance, the Town of Walpole is divided into the following districts as shown on the Zoning Map filed with the Town Clerk and dated January 11, 1966 and amended March 7, 1972.
The Zoning Board, within the last year, had printed a colorful up-to-date zoning map created by Antioch New England students. That map is now on the wall outside the meeting hall. It was wondered if the board had to mention in this ordinance when the board amended a zoning map. There being no l answer at this meeting, it is food for thought at another meeting.
Adjournment
Mr. Murray made a motion to adjourn. Mr. Edkins seconded the motion and the motion carried.
Respectfully submitted,
Marilou Blaine, Secretary
Zoning Board Meeting Minutes – 3/15/23
Roll Call: Present: Board members Chair Jan Galloway-Leclerc, Pauline Barnes, Tom Winmill. Alternates: Don Sellarole, Carolyn Vose, Shane O’Keefe. Absent: Board members Vice-Chair Judy Trow and Tom Murray. Alternate: Dave Edkins and Myra Mansouri.
Recording: Secretary Marilou Blaine. These minutes were recorded and are unapproved. They will be reviewed at the April 2023 meeting for corrections, additions or omissions.
Called to order: Ms. Galloway-Leclerc called the meeting to order at 7:05 pm. Alternates Don Sellarole and Carolyn Vose were asked to fill in for two absent board members and they agreed.
Minutes of January 2023: Ms. Leclerc made two corrections in the section titled Reviewing Sealed Minutes. In the third and fourth sentence the word “unsealed” should be “sealed.”
Ms. Vose made a motion to approve the amended minutes of March 15, 2023. Mr. Sellarole seconded the motion and the motion carried.
Old Business:
Second Reading of Updated Bylaws
The Board began working on updating the Bylaws in November 2022. In January 2023, board members read aloud the amended document at the meeting according to Article X, which states that “by majority vote of the members provided that such amendment is read at two successive meetings.” After the conclusion of reading the Bylaws aloud for the second time, Ms. Vose made a motion to approve the Updated Bylaws. Ms. Barnes seconded the motion. Before a vote could be held on that motion, Mr. O’Keefe suggested that the date of January 2023 be changed to March 2023 because that is when the final reading occurred. So a motion was made to change the date of the updated Bylaws document to March 2023. Ms. Vose made a motion to change the approval date from January 2023 to March 2023. Mr. Sellarole seconded the motion and the motion carried. Then Ms. Vose repeated her motion to approve the updated Bylaws. Ms. Barnes seconded the motion and the Board voted unanimously to approved the updated Bylaws.
Minutes of nonpublic session held in January 2023.
After reading the minutes of these nonpublic session minutes, Ms. Barnes made a motion to approve the nonpublic minutes of January 2023. The motion was seconded by Ms. Vose and the motion carried.
The Board went into nonpublic session at 7:45 pm to consider two previously sealed minutes. The Board came out of nonpublic session at 8:30 pm. Ms. Vose made a motion to come out of nonpublic session. Ms. Barnes seconded the motion and the motion carried.
After the sealed minutes of July 15, 2020 had been read by the Board, Mr. Winmill made a motion to unseal the minutes. Ms. Barnes seconded the motion but a vote was never taken. Several Board members were uneasy about the repercussions of making the sealed minutes public. After a lengthy discussion about the sealed minutes of July 15, 2020, the Board was still divided between sealing and unsealing. Ms. Barnes suggested that maybe the NH Municipal Association should be consulted. Ms. Vose made a motion to have Chair Leclerc get an opinion from the NH Municipal Association on the contents of the July 15, 2020 nonpublic session minutes and whether they should remain sealed. Ms. Barnes seconded the motion and the motion carried. The Board will revisit what to do with these minutes at the April meeting.
Minutes of nonpublic session dated July 21, 2021.
After reading the nonpublic sealed minutes, the Board came out of nonpublic session to vote on the nonpublic minutes of July 21, 2021. A motion was made by Ms. Vose to unseal these minutes was made by Ms. Vose and seconded by Ms. Barnes. It carried unanimously.
Adjournment:
Ms. Barnes made a motion to adjourn. Mr. Winmill seconded the motion and the motion carried. It was 8:40 pm.
Respectfully submitted,
Marilou Blaine
Recording Secretary
Corrected Zoning Board Meeting Minutes – 8/19/20
Roll Call: Present: Board Members: Chair Jan Leclerc, Vice-Chair Myra Mansouri, Clerk Tom Murray, Ernie Vose. Alternates: Don Sellarole, Judy Trow. Absent: Pauline Barnes, Bob Anderson, David Edkins.
Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the April 2020 meeting for corrections, additions and/or omissions.
Meeting Opened: Ms. Leclerc called the meeting to order at 7 pm. There being one Board member absent, Ms. Trow was asked to sit in for Ms. Barnes.
Minutes: Ms. Trow made a motion to approved the July 2020 minutes as written. Mr. Vose seconded the motion and the vote was unanimous.
Old Business:
Public Hearing No. 1.
Expansion of a Non-conforming Use: First Congregational Church of Walpole handicap ramp at the parsonage. Mr. Dale Woodward presenting. Tax map 20, Lot 76, Residential B. Ramp must be 65 feet from the center of the road. Article V, D-2.
Mr. Woodward introduced himself as representing the church trustees. He was at the public hearing for a non-conforming use for a handicap ramp at the parsonage on the Middle Street side of the building. It is closer to the middle of the road than the required 65 feet as is the house and the whole neighborhood, he said. The end of the ramp is 40 feet from the center of the road and 17 feet from the sidewalk. The porch is 60 feet from the center of the road.
The ramp is needed because the new minister has a study in the parsonage and people want privacy when consulting with him. Our church has an aging population and some are cane and wheelchair users, Mr. Woodard said. The congregation fixed up the parsonage this spring and made it wheelchair accessible throughout the building. Mr. Woodward didn’t realize that a permit was needed to build the ramp.
Ms. Mansouri asked about access. Mr. Woodward said access is off of the driveway. The ramp slope is built to code.
There being no more questions, the public hearing was closed. Mr. Vose made a motion to approve the expansion of a non-conforming use as presented. Ms. Trow seconded the motion and the motion carried unanimously.
Mr. Woodward was told that since the handicap ramp on Middle Street is more than 100 square feet, he must also go to the Town Office and apply for a building permit.
New Business:
Signage: Walpole Foundation – Replace two signs where Walpole Village Market signs already are – same sizes and same places. The gas station and market are at the corner of Main and Westminster Streets. Raynie Laware of the Walpole Foundation presented.
1.
Ms. Laware did not show up until 7:30 pm. She said she went to the town web site and the web site said ZBA meetings starts at 7:30 pm. Personnel at the Town Offices will be notified of the time change.*
Ms. Laware passed out pictures of two signs, one showing a smaller vertical sign saying “Jake’s Walpole Market,” which is already there. The two replacement signs will be in the same places and look like the larger sign in the picture. One sign will face Main Street and the other sign will face Westminster Street. One sign will be 71/2 inches by 14 inches high and the other is 8 feet long by 14 inches high.
Seeing as both signs are conforming and replacement signs, Ms. Trow made a motion to approve them as presented. Ms. Mansouri seconded the motion and the motion carried unanimously.
Signage: Auto parts store in North Meadow Plaza. No one came to the meeting and the secretary hadn’t had any emails from Gene Niska as of noon on meeting day, her contact with the sign maker in Springfield, MA.
Nonpublic Session: Ms. Mansouri made a motion to go into nonpublic session at 7:30 pm. Mr. Murray seconded the motion. The rest of the Board approved the vote. The Board came out of nonpublic session at 7:50 pm. Ms. Trow made a motion that the Board come out of nonpublic session and keep the minutes nonpublic. Mr. Murray seconded the motion and the motion carried unanimously.
Discussion of signs that would be exempt from ZBA approval.
The Board received a copy of some signage in Charlestown. The list categorizes these signs into three types of signs: signs not requiring board approval, temporary signs and prohibited signs. Board members thought some of the items on the list should go into Walpole’s sign ordinance. However, some were redundant, some could be combined because they were of a similar nature and some didn’t fit Walpole’s ordinances. Ms. Trow will pull together a list of ordinances from the night’s discussion of the Charlestown list and it will be ready for discussion at next month’s meeting.
An example is letters items “a” and “k” can be combined. Those ordinances are “Signs bearing only property numbers, postal numbers, and other non-commercial identification” could be combined with “house names and historical markers.” This sign would be under the not requiring board approval category.
Adjournment: Mr. Vose made a motion to adjourn. Ms. Mansouri seconded the motion and the motion carried unanimously.
Respectfully submitted,
Marilou Blaine
ZBA Secretary
Posted: Inside Town Offices, on the bulletin board outside the Post Office.
cc: ZBA, WPB, Town Offices, Walpolean.
*Correction of minutes: The Walpole web site www.walpole.nh.us has the correct time for the start of ZBA meetings. Sarah Downing explained it in an email. She said that Raynie Googled the name of the board and that took her to a hidden/draft web page that hasn’t been published. She fixed the time on that page, checked off the box that the webpage be eliminated from search engines and made a note in the text that it’s a draft page. The correct time was posted on a different published page.
2.
Zoning Board Meeting Minutes – 8/19/20
Roll Call: Present: Board Members: Chair Jan Leclerc, Vice-Chair Myra Mansouri, Clerk Tom Murray, Ernie Vose. Alternates: Don Sellarole, Judy Trow. Absent: Pauline Barnes, Bob Anderson, David Edkins.
Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the April 2020 meeting for corrections, additions and/or omissions.
Meeting Opened: Ms. Leclerc called the meeting to order at 7 pm. There being one Board member absent, Ms. Trow was asked to sit in for Ms. Barnes.
Minutes: Ms. Trow made a motion to approved the July 2020 minutes as written. Mr. Vose seconded the motion and the vote was unanimous.
Old Business:
Public Hearing No. 1.
Expansion of a Non-conforming Use: First Congregational Church of Walpole handicap ramp at the parsonage. Mr. Dale Woodard presenting. Tax map 20, Lot 76, Residential B. Ramp must be 65 feet from the center of the road. Article V, D-2.
Mr. Woodard introduced himself as representing the church trustees. He was at the public hearing for a non-conforming use for a handicap ramp at the parsonage on the Middle Street side of the building. It is closer to the middle of the road than the required 65 feet as is the house and the whole neighborhood, he said. The end of the ramp is 40 feet from the center of the road and 17 feet from the sidewalk. The porch is 60 feet from the center of the road.
The ramp is needed because the new minister has a study in the parsonage and people want privacy when consulting with him. Our church has an aging population and some are cane and wheelchair users, Mr. Woodard said. The congregation fixed up the parsonage this spring and made it wheelchair accessible throughout the building. Mr. Woodard didn’t realize that a permit was needed to build the ramp.
Ms. Mansouri asked about access. Mr. Woodard said access is off of the driveway. The ramp slope is built to code.
There being no more questions, the public hearing was closed. Mr. Vose made a motion to approve the expansion of a non-conforming use as presented. Ms. Trow seconded the motion and the motion carried unanimously.
Mr. Woodard was told that since the handicap ramp on Middle Street is more than 100 square feet, he must also go to the Town Office and apply for a building permit.
New Business:
Signage: Walpole Foundation – Replace two signs where Walpole Village Market signs already are – same sizes and same places. The gas station and market are at the corner of Main and Westminster Streets. Raynie Laware of the Walpole Foundation presented.
Ms. Laware did not show up until 7:30 pm. She said she went to the town web site and the web site said ZBA meetings starts at 7:30 pm. Personnel at the Town Offices will be notified of the time change.*
Ms. Laware passed out pictures of two signs, one showing a smaller vertical sign saying “Jake’s Walpole Market,” which is already there. The two replacement signs will be in the same places and look like the larger sign in the picture. One sign will face Main Street and the other sign will face Westminster Street. One sign will be 71/2 inches by 14 inches high and the other is 8 feet long by 14 inches high.
Seeing as both signs are conforming and replacement signs, Ms. Trow made a motion to approve them as presented. Ms. Mansouri seconded the motion and the motion carried unanimously.
Signage: Auto parts store in North Meadow Plaza. No one came to the meeting and the secretary hadn’t had any emails from Gene Niska as of noon on meeting day, her contact with the sign maker in Springfield, MA.
Nonpublic Session: Ms. Mansouri made a motion to go into nonpublic session at 7:30 pm. Mr. Murray seconded the motion. The rest of the Board approved the vote. The Board came out of nonpublic session at 7:50 pm. Ms. Trow made a motion that the Board come out of nonpublic session and keep the minutes nonpublic. Mr. Murray seconded the motion and the motion carried unanimously.
Discussion of signs that would be exempt from ZBA approval.
The Board received a copy of some signage in Charlestown. The list categorizes these signs into three types of signs: signs not requiring board approval, temporary signs and prohibited signs. Board members thought some of the items on the list should go into Walpole’s sign ordinance. However, some were redundant, some could be combined because they were of a similar nature and some didn’t fit Walpole’s ordinances. Ms. Trow will pull together a list of ordinances from the night’s discussion of the Charlestown list and it will be ready for discussion at next month’s meeting.
An example is letters items “a” and “k” can be combined. Those ordinances are “Signs bearing only property numbers, postal numbers, and other non-commercial identification” could be combined with “house names and historical markers.” This sign would be under the not requiring board approval category.
Adjournment: Mr. Vose made a motion to adjourn. Ms. Mansouri seconded the motion and the motion carried unanimously.
Respectfully submitted,
Marilou Blaine
ZBA Secretary
Posted: Inside Town Offices, on the bulletin board outside the Post Office.
cc: ZBA, WPB, Town Offices, Walpolean.
*Correction of minutes: The Walpole web site www.walpole.nh.us has the correct time for the start of ZBA meetings. Sarah Downing explained it in an email. She said that Raynie Googled the name of the board and that took her to a hidden/draft web page that hasn’t been published. She fixed the time on that page, checked off the box that the webpage be eliminated from search engines and made a note in the text that it’s a draft page. The correct time was posted on a different published page.
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.
The Walpolean 
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