The Walpolean

Zoning Board of Adjustment

Town Hall –  Walpole, NH

Wednesday, May 17, 2017

7:30 pm

 

 

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

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

Roll Call: Ms. Mansouri called the meeting to order at 7:31 pm. One Board member was absent so Mr. Vose was asked to fill in. Mr. Vose recused himself because he was going on a trip to a Mascoma-sponsored tour of Alaska next week. Ms. Barnes agreed to fill Ms. Trow’s seat.

Minutes: There were a couple of typos and sentence structure corrections. Ms. Lester made a motion to accept the minutes as corrected. Mr. Murray seconded the motion and it was approved by the Board.

 

New Business:

Chris Whiton, 128 Valley Road, home business, growing herbs and them selling them to the wholesale market.

Ms. Whiton did not come to the meeting.

 

Mascoma Savings Bank – Signage – new sign for the Drive-thru is within 100 feet of a sign on the north side of the building, near the existing canopy.

Mr. Craig Moore represented Barlo Signs of Hudson, NH. He requested a Special Exception for a sign for Mascoma Bank. Mr. Moore brought some copies of the sign and said it will be on the canopy of the drive-thru.

Article 4 Section 6 in the Commercial and Industrial Districts of the Walpole Zoning Ordinance states that

“Signs shall be permitted no larger than thirty-two (32) square feet. Signs shall be placed not less than sixty (60) feet from the edge of the traveled roadway and not less than one hundred (100) feet from another sign.  Construction signs shall not exceed the allowed size in this district.”

Any change from this ordinance requires a Special Exception.

Ms. Barnes asked if the canopy means the roof of the drive-thru. Mr. Moore answered “yes”.

Mr. Murray asked about where it would be. Mr. Moore said it will be attached to the peak of the building. There is nothing that would be hanging down or projecting out.

Mr. Vose asked if all the other signs on the building were going to stay where they are. The answer was yes.

The sign will read Mascoma Savings Bank, in three-dimensional letters, with the word Mascoma being 12 inches high and larger than the other letters in the rest of the sign. It will be centered on the peak of the drive-thru canopy and facing drivers as they enter one of the two lanes. One lane will be for an ATM and the other a tube-type conveyance that goes to a teller. The sign will be LED edge-back lit. It will glow, Mr. Moore said.

Ms. Mansouri asked if the light would be a distraction. Mr. Moore said no. It really isn’t very large or bright, just a back glow. You can see it better at night. Ms. Barnes asked about disturbing a neighbor at night. “It isn’t shining in anybody eyes when they’re going to sleep?” she asked. The sign faces toward the Edward Jones building next door.

There was some confusion where the drive-thru lanes were but Mrs. Lynn Kimball was in the audience and had a schematic of the location and the matter was cleared up. The new drive-thru is at the corner of the building towards the back. Cars may exit on either on Westminster Street or go north toward an exit on lower Main Street. The total square feet of the sign is 12.5 feet.

Mr. Robert Kimball said there was a similar sign on the front of the building and it’s minuscule.

Mr. Vose had a question about whether or not the sign was 100 feet from another sign.  There is a sign on the north side of the building, just past the present canopy.

Mr. Murray made a motion to have the Public Hearing at the regular June meeting. Ms. Lester seconded the motion and the Board approved the motion.

 

Mr. Robert Kimball was at the meeting to ask for a Special Exception to have his Certified Public Accountant business at 311 Main St, the former home of Jim and Joanne Smith.

Mr. Vose said if the business is in residential B zoning, Mr. Kimball doesn’t need a Special Exception.

Zoning Ordinance  for Residential A and B Uses states:

“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 as hair dressing or dress-making, except that the number of persons employed at any one location shall not number more than two persons in addition to the owner or tenant. Adequate off-street parking shall be provided on the premises.”

Mr. Kimball then asked permission to have two signs on the property. One sign would be attached to the peak of the garage on the side that is facing north. It would be the same sign he currently has at his business on Main Street. That sign is 96 inches by 20 inches and says ROBERT KIMBALL PC all in capital letters and in smaller capital letters below it CERTIFIED PUBLIC ACCOUNTANT.

A second free-standing sign would be placed somewhere on the property, perhaps near the driveway. The sign is 24 inches by 36 inches and hangs between two granite posts. It says Robert Kimball PC., 311 Main St., Certified Public Accountant.

Article IV states that signs in the Residential District:

“Signs shall be permitted no larger than six (6) square feet in the Residential District.  Property owners or tenants in the Residential District with business, professional, or other service enterprises shall be allowed one advertising sign on the premises relating to the use or uses conducted in the building. One sign of the same size will be allowed with the name and address of the contractors of the structure during the active construction period or a sign pertaining to the lease, sale or use of the lot or building on which it is placed.  Construction signs shall not exceed the allowed size in this district.”

“Free-standing signs shall be located no closer than ten (10) feet from a front, side or rear lot line. A free-standing sign shall not exceed ten (10) feet in height.”

Because the signs would be within 100 feet of one another, Mr. Kimball needed a Public Hearing for a Special Exception.

Ms. Leclerc made a motion to have a Public Hearing for a Special Exception for signage for Mr. Kimball at the next meeting in June. Ms. Lester seconded the motion and the Board approved the motion.

 

Old Business:

Bylaws – The Board suggested a few changes to the bylaws and the secretary will make the corrections and bring a new copy of the bylaws to the next meeting.

 

DADU petition – Ms. Mansouri distributed a copy of the final version of SB 146, which is the NH House version of the requirements for detached accessory dwelling units. Between this meeting and the next one, the Board is to compare this version with the version that passed by vote on the warrant in March 2017.

Mr. Murray asked if one of the units had to be owned by a Walpole resident. The answer was yes. Ms. Barnes referred to No. 7  “The owner of the property shall occupy either the principal dwelling unit or the detached accessory dwelling unit as their “Principal Place of Residence.”

 

Respectfully submitted,

Marilou Blaine

ZBA Secretary

Zoning Board of AdjustmentTown Hall – Walpole, NH

Wednesday, April 19, 2017

7:30 pm

 

 

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

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. A full board was present.

Minutes: Ms. Leclerc made a motion to accept the minutes as written. Ms Trow seconded the motion and the Board approved the motion.

 

Election of Offices: Ms. Leclerc nominated Ms. Mansouri for chair. Ms. Lester seconded the motion and the Board voted in favor of the nomination. Ms. Trow nominated Ms. Leclerc for vice-chair. Ms. Lester seconded the motion and the Board approved the nomination for vice-chair. Ms. Trow was nominated for clerk. The motion was seconded and the Board approved her nomination.

 

New Business: Snow Frye, Wellness Center sign, 40 Main Street. Ms. Frye wants to put up a sign for her business in the oval grassy area in the front of the building at 40 Main Street. She said she was “grandfathered” because there had been signs there before. She would replace the sign that was at the south side of the grassy area, near the driveway She will have to replace the post because it is rotted and falling down. This will clean it up and make it look more professional, Ms. Frye said.

The sign will be 29.5 inches by 39.5 inches and say ‘WALPOLE WELLNESS CENTER.’’ Beneath that, the sign will say in smaller letters “YOGA & MASSAGE” and be on one post.

Ms. Frye also submitted a second sign that added Dr. Steven Pena, FAMILY CHIROPRACTOR. This was a possible sign if Dr. Pena wanted to put a sign below her sign.

Ideally what the owner would like, Ms. Frye said, is one sign in the middle advertising the three businesses – the Wellness Center at the top, Dr. Pena below that and then Mazziott. Mazziott was approved for his sign, which is the pink cupcake, in 2015.

Ms. Lester said she shouldn’t need a Public Hearing for 100-foot rule of one sign being 100 feet from another sign because the Mazziott was already approved for the same area.

Ms. Frye said at one time there had been three signs. One in front of the what is now the bakery, was one for Nathan Lynch, a lawyer, one for Dr. Pellegrino, and one for Dr. Pena.

One was one at the north end of the grass, one in the middle and one at the south end. Ms. Fyre said that the Mazziott sign was move four feet closer to the center and wasn’t sure if it would affect signage of the two other businesses there in the future.

Ms. Leclerc said the Board can approve this sign (by the driveway) because there was one there before and it replaces it. However, if she or Dr. Pena want to do something different, they must come back to the Board. If the three businesses decided to get together and do one sign, that would also be considered a separate issue.

 

Liz Collinsworth, 71 Elm Street, Driveway on property line and one that doesn’t have water flowing into the street.

Ms. Collinsworth recently purchased the Victorian at the end of Elm Street. Her parking area, behind the house and around the corner on South Street, is a bit of a walk to get to. She would like to have a parking space for one car on the left side of the house (as you are facing the house) that leads to a side door and mud room. That space is in the setback area between her house and the property line to the north. There is a split rail fence that marks the property line.

Ms. Collinsworth said it would be for one car only and she does not intend to pave this space.

She also said she spoke with Mike Rau, the road agent, and he seemed okay with the plan.

She would also like to put in a temporary ramp in the same area. The ramp would go from the side door to the car area. The ramp would be there when Ms. Collingsworth‘s father, who is in a wheelchair, lives with her.

Ms. Leclerc said the Zoning Board has no jurisdiction over driveways and it appeared she would be allowed to do this.

 

Quentin Hess – corner of North Rd. and Old Drewsville Rd., rural/agricultural – assisted living home.

Mr. Hess wants to convert his current home into an assisted living area for six to 10 people. He would make the home handicap accessible, put in a sprinkler system. He thinks there is a need for this in this town and any other small town to have a place to stay.

Ms. Mansouri asked him to explain what he meant by assisted living. Mr. Hess said it was a place for people who may need someone to be with them, or are not comfortable living alone. Someone who may need help with their medications or recovering from surgery. They would have basic care – food, meals, transportation, some medical attention. A nurse would be available.

Mr. Hess said he and his wife have worked in healthcare all of their adult lives.

He has had some history working in cardiac rehabilitation and said there is a need for those people. It would be a place where a physical therapist could come. I don’t think it would create a huge impact to the town.

Ms. Mansouri explained that the state has a multi-page RSA that spells out what the requirements are for this type of place. It is RSA 151.

Ms. Mansouri said there are a lot of regulations and she suggested that he go to the Web site and download the material and then see if he can fulfill the requirements of the state.

Then there are all the hearings that he would have to have. He would need a Special Exception from the Zoning Board, a recommendation for a Special Exception from the Planning Board and a site plan review approval from the Planning Board. That’s three hearings.

Ms. Leclerc said if it is something you want to proceed with after he understands what the requirements are, then you can fill out a Special Exception application and get a recommendation from the Planning Board to come for a hearing and then come back for another hearing.

Mr. Murray said he should keep in mind the he would have to have a commercial kitchen, and if you have employees you will have to change the landscape of the yard for parking for several cars. Ms. Mansouri said the rooms would have to be handicap accessible and there would need to be an elevator. He would probably have to hook up to the sewer system, which is not too far from his house, but there would be a cost to bring it to the house for that many people.

Besides following state guidelines, Mr. Hess would also have to get a special exception from the Zoning Board. The Planning Board would need to recommend or not recommend the project to the Zoning Board. In addition, he would also need to have a site plan approved by the Planning Board. That’s when you need to sort out the details of parking etc.

 

DADU – The Board will read the final draft of the petition that was on the warrant and was passed by voters. This may be a slight addition to the ordinance. Mr. Hockensmith notified Mr. Jeff Miller, chair of the Planning Board, that it might need a few clarifications. You may add changes as long as it doesn’t change the intent the document.

There was a question about renting and No. 7 addresses that question. You can rent the accessory building or whatever dwelling the property owner is not living in.

That’s a state law, Ms. Pschirrer said. The wording is supposed to reflect what the state said.

That refers to an attached dwelling, Ms. Mansouri said, and we have an ordinance about an attached ordinance. We don’t need to put the language into our ordinance, we just have to follow the state ordinance.

At the next meeting, the Board will discuss what the petition does and doesn’t allow or any questions any Board member might have about the meaning of any part of the ordinance.

​

Old Business:

Bylaws – The Board looked over the corrected Bylaws and decided there were a few more items that needed correcting, so the Board will bring those corrections to the next meeting and a final draft will be printed and given out at the June meeting.

 

Rodrigues Letter – The Board received a copy of the letter that Patricia Rodrigues and John Corduff brought to the April Planning Board meeting. They were complaining about trucks that were passing their home from 9 pm to 3 am on a particular day in April.

A day or two later, Ms. Sarah Downing learned from Mr. Tim Graves that he was responding to an emergency situation regarding a washout of the railroad bed in Westminster, Vt. Ms. Downing’s response said, “Hi all: I have confirmation that the reason why there was last night/early morning trucking from the Graves Gravel Pit on April 10-11. There was an emergency in Westminster VT where the railroad bed was washing out into the Connecticut River. Now we have the detail as to what the transportation safety issue was related to.”

The secretary, per instruction from Mr. Jeff Miller of the Planning Board, called Ms. Rodrigues and relayed this message.

 

Respectfully submitted,

Marilou Blaine

cc: ZBA, Town Offices, The Walpolean

 Zoning Board of Adjustment

January 18, 2017

Town Hall

7:30 pm

 

 

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

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. Since Ms. Lester was absent, Mr. Vose was asked to take her place.

 

Minutes: Ms. Leclerc made a motion to accept the minutes as presented. Ms. Trow seconded the motion and it was approved by the entire Board.

The first order of business was a vote to seal the minutes of December’s Executive Session. A motion was made to seal the minutes, seconded and then passed by the entire board.

 

Ms. Mansouri read aloud the letter that the board sent to Ms. Patricia Rodrigues and Mr. John Corduff reading their claims about the Tim Graves Gravel Pit on Wentworth Road. The letter says:

 

“Zoning Board of Adjustment

PO Box 729

Walpole, NH 03608

“January 8, 2017

“Patricia L. Rodrigues

John M. Corduff

52 Old Route 12 North

Westmoreland, NH 03467

 

“Dear Ms. Rodrigues and Mr. Corduff:

“The Zoning Board of Adjustment, in conjunction with Town Counsel, has reviewed the letter and documents you gave the Board and read into the minutes on November 12, 2016, as well as has considered the additional information you presented to the Board on December 21, 2016. There are two pits: one is located in Walpole, and one in Westmoreland. We can only address the one that is located in Walpole.

“The regulations and permit requirements, are beyond the municipality’s authority. In accordance with RSA 155-E, the Graves’ pit meets the requirements of a “grandfathered site,” and is exempt from permitting requirements. The excavation continues on the land it planned and intended to excavate in 1989. In his excavation report the boundaries listed are the Westmoreland Town Line, B&M land and on the north and east by the Graves property. This describes the entire portion of the 18-acre tract located in Walpole. This is a continuation of his grandfathered excavation activities as allowed by RSA 155-E:2 and RSA 155-E:2 I (b).

“There have been a number of State and Federal agencies that have inspected the site and determined that it is in compliance with their requirements.

“Therefore, the ZBA has looked into this matter for you, and the above mentioned RSAs take precedent. We have no further action to take.

“Yours truly,

“Myra Mansouri, for the Board”

 

1.) Ms. Rodrigues was at the meeting with Mr. John Corduff. She read a letter in response to the ZBA letter. Her main point was –  “you state, in your decision to consider the Graves Gravel pit still “grandfathered’ and hence, RSA 155E permit exempt, you only took into account the letter and documents presented/referenced by ourselves in our November 12, 2016 and December 16, 2016 presentations to your board – see Walpole ZBA letter to us attached, and rec’d as Walpole ZBA GravesPit StillGranfathered-010817 001.jpg

2.) We contend that your board (s), in making your decision, must also take into account other documents in the town’s possession, including the entire George Graves Revocable Trust’s AoT application – see December 16, 2013 letter confirming you received this application, as required by NHDES’  AoT application administrative rules, which is included in the application document itself, attached, and rec’s as

GgravesAoTAppl-ProofofDeliveryToGoverningBody-Dec`162013.rtf

The remainder of the 21/2 page letter will be posted with the minutes. If anyone wishes to examine the documents she presented. They are available at the select board office.

In addition to the letter, Ms. Rodrigues also read from the RSA 155-E-  the introduction and number 1, (a) and (b) and (e). The exemption from local zoning or site location regulations  as stated in subparagraph (a) shall include the quarrying or crushing of bedrock for the production of construction aggregate; provided, however, that no owner shall, after August 4, 1979, permit any such quarrying or crushing of bedrock to occur for the first time on any excavation site without first obtaining a permit therefore under this chapter.

She brought a map that she said marked the areas of illegal expansion.

After almost 45 minutes, Ms. Mansouri thanked Ms. Rodrigues for her documents and said they will be distributed to the board and that the board would get back to her.

Mr. Vose that Mr. Graves had all his permits in place. Mr. Graves, who was at the meeting with his wife and daughter, said yes and that the blasting was required by the Department of Environmental Service to divert stormwater and he was not removing bedrock.

 

Right-to-Know law

Ms. Mansouri passed out copies of the new additions to the Right-to-Know law that have recently gone into effect and pointed out that at the end of the document there is a worksheet that the secretary can fill in step-by-step as the meeting proceeds. Those include:

The names of those present

The specific reason for the nonpublic session

Roll call

The time entered into nonpublic session and the time that the board comes out of           nonpublic session

The name(s) of any person(s) present other than the board

A description of matters discussed

The final decision made

Motion to leave nonpublic session

Motion: Passed/ Did not pass

Nonpublic meeting tape removed, public meeting tape replaced (if applicable).

Public session reconvened at ………

Motion made to seal these minutes?

Roll Call Vote to seal minutes – list names

Motion Passed/ Did not Pass

These minutes recorded by: ……………..

 

Matrix

The ZBA has been working on a Matrix to the Application Process for certain variances and special exceptions that must be voted on by the ZBA and recommended by the WPB. It was presented to the Planning Board at last week’s meeting. Randal Walter, head of design for Bensonwood, was at the meeting and offered a couple of very good changes.

The one that was incorporated was to add – “Go to Planing Board and Request a Public Hearing for a Site Plan Review.” This was the first step on the left after “yes.”

 

Ordinances

Ms. Mansouri said there were some streets in town that have been renamed but are not listed in the Zoning Ordinance manual and that they would begin looking through the manual to put these new street names on a petition on the warrant for 2018.

A motion was made to adjourn, seconded and passed by the board.

 

Respectfully submitted,

Marilou Blaine

 

Zoning Board of Adjustment

December 21, 2016

Town Hall

7:30 pm

 

 

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

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

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

Minutes: Ms. Trow made a motion to accept the minutes as presented. The motion was seconded and approved by the entire Board.

 

Old Business:

Public Hearing 1

Special exception Signage – Dr. Steven Pena, 40 Main Street, Map 21, Lot 40,           commercial district.  Zoning Ordinance Article IV, Part D. Dr. Pena would like to put a sign on the building above the window on the front of the building similar to the building that is for the Mazziott cafe.

Jesse Carr was representing Dr. Pena. Ms Mansouri asked if the application was complete – if all the fees paid, abutters notified, etc. The secretary replied yes. Then Mr. Carr was asked to read his responses to the questions for a special exception.

State how the proposed use will meet the criteria for special exception listed in the ordinance – list all criteria, using extra sheets if necessary

Criterion #1: We would like a sign on the building equivalent size and readability in relation to the other signs in the neighborhood, which are on buildings. Particularly relevant is the sign on the other side of the front of the our building for Mazziott.

Criterion #2: Our sign would be similarly on a board, with raised capital letters attached, as shown in the sketch. We propose a sign within 100 feet of this sign, and therefore need to have an exception.

Criterion #3: This would not diminish property values – like the Mazziott sign. This sign is on a background board painted the same colors as the building next door to the north – blue-gray.

Criterion #4: The sign CHIROPRACTOR will confirm that the doctor’s clients have found the right place and serve to bring in other new clients. He will probably retire the sign on the post out front.

Ms. Mansouri asked if the Board had any questions. The Board did not. Then she asked if the audience had any questions. They did not.

When Mr. Carr was asked how the sign would be affixed to the building, Mr. Carr said that there is air between the sign and the building, which is made of wood.  Bolts go into the sign and then into the wood siding. Mr. Carr was asked to bring in a photograph of the sign after it is up. He agreed to do so.

A motion was made and seconded to approve the special exception as presented. The Board voted in the affirmative.

 

Old Business:

Final Draft of Matrix

The Board looked at the matrix and voted to approve it as the final draft. It will be given to anyone applying for a Special Exception so that they may see what path to follow, especially when they have to go to the Planning Board for a site plan. Ms. Leclerc suggested that it be presented to the Planning Board. The secretary will put it on the Planning Board agenda and present it at the January meeting. Mr. Steve Dalessio, a selectman, suggested putting a date on the document.

 

Patricia Rodrigues complaints about Graves pit.

Ms. Rodrigues read from a list of documents, which she said were relevant to this situation.

They included information from a manual titled “Grandfathered Land Uses” and “The Elements of Grandfathering.” These books, articles or manuals discuss grandfathered land when there have been violations.

Ms. Rodrigues say the Selectboard gave Mr. Tim Graves a building permit on Nov. 7, 2013, to build a “Winter Sand Shed”. This building permit will allow Mr. Graves to operate during the winter months, when generally the pit would be closed down, she said.

Ms. Rodrigues asked if the Board had made any decision. Ms. Mansouri said that there were a lot of documents to read and digest. She said it may be a couple of months or could be as early as some time in January when the matter is settled.

She then said that the Board was going into executive session under attorney – client privilege. That was at 7:50 pm. The Board came out of executive session at 8:30 pm. After that a motion was made, seconded and approved by the Board to close the meeting.

 

Respectfully submitted,

Marilou Blaine

 

Walpole Zoning Board of Adjustment

Town Hall

November 16, 2016

7:30 pm

 

Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway-Leclerc, Mary Therese Lester, Judy Trow, Tom Murray. Alternate: Ernie Vose came in a few minutes late.

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

Roll Call: Ms. Mansouri called the meeting to order at 7:35 pm. There was a full board so an alternate was not needed to fill in.

 

Minutes: Ms. Lester made a few corrections – adding a word in two instances, deleting a word, correcting one misspelling. Ms. Leclerc asked that the name of George Graves be struck as an owner of the Graves pit as he was now deceased.  Ms. Trow made a motion to accept the October minutes as corrected. Ms. Lester seconded the motion and it was passed by the Board.

 

Old Business:

Public Hearing 1

Lewis Jeffrey property. Variance setback from the road. Old Keene Road and Hooper             Road. Map 8, Lot 8 and 8-1. Residential A Zoning District.

 

Mr. Joe DiBernardo was representing Mr. Jeffrey. Ms. Mansouri recused herself because she is the real estate agent for the sale of the Jeffrey property.

Mr. DiBernardo said that the property was two parcels and there were two houses on the property. The parcel nearest Old Keene Road has an incorrect deed because a house that is supposed to be on that lot is not in the deed. So the lot was extended to include the house and make it as conforming as possible.

Neither house meets the setback from the road, Mr. DiBernardo said. They are only 55 feet from the center of the road.

Ms. Leclerc said she thought the variance was for a setback for the house that was too close to the property line on the side. Mr. DiBernardo said he thought the setback was 25 feet from the side boundary. But when he found out it was 20, the houses conformed to the ordinance. The house is 22 feet from the side boundary.

In that case, Ms. Leclerc said, there is no need for a variance because the setback from the road is grandfathered since it’s been that way prior to zoning regulations. After some discussion Ms. Leclerc made a motion to send a letter to the Planning Board stating that a variance for a setback from the road was not needed because the houses were grandfathered. Ms. Lester seconded the motion and it passed unanimously.

 

New Business:

Mr. Jesse Carr was speaking for Mr. Stephen Pena who is a chiropractor at 40 Main Street. Mr. Pena wishes to place a sign over the south window at 40 Main Street building. He had a letter of permission signed by the owner of the building, Dr. Dennis Pellegrino.

The sign would be similar in style to the one already on the building at the south Main Street window. It would be the same width but be shorter length because there are fewer letters. All letters would be capitalized and it would read CHIROPRACTOR. The raised letters would be on a gray-blue board, similar in color to the house next door.

A board member asked Mr. Carr how far it was from his sign. He said 30 to 40 feet. The 100-foot rule was noted.  Mr. Carr said he didn’t realize an exception was need if the signs were on a building.

Practically all the signs in the village have needed special exceptions to comply with the ordinance, Ms. Leclerc said.

The sign ordinance stipulates that:

“Signs of six (6) square feet may be placed between ten (10) and sixty (60) feet of traveled             roadway and between twenty (20) and one-hundred (100) feet of another sign by Special Exception from the Board of Adjustment when the Board is satisfied that the provisions of Article IV will be met and that the sign as placed will not have any adverse effect on abutting properties.”

A motion was made, seconded and passed to hold a Public Hearing next month (December) at the regular meeting for the Special Exception.

 

Old Business:

Matrix. The Board looked at the final draft of the Matrix and Ms. Trow said that a few arrows were missing. The secretary said that since the document was a PDF, she could not make changes to the document and the arrow wasn’t there when the document was sent to her.

Ms. Trow said she will make the final changes, send the document to the secretary and she will make copies for the next meeting.

 

Other:

New Procedure: Ms. Mansouri said a new procedure is in place for anyone who requests information from the secretary. The person must first contact the chair, give a couple of dates when to meet and then the chair will arrange a date that’s convenient for both parties.

Ms. Patricia Rodrigues of Westmoreland said that the law requires a hard copy

Ms. Mansouri said, “A hard copy is our minutes.”

Ms. Rodrigues said that she said a lot of things that aren’t weren’t mentioned in the minutes.

 

Graves Gravel Pit:

Ms. Patricia Rodrigues of Westmoreland was at the meeting and wanted to make a statement about the Graves Pit in Walpole and convince the Zoning Board that they had jurisdiction over the gravel pits in town and that Tim Graves had several violations. She also said that the town has been in possession of all these documents pertaining to the violations and that Mr. Tim Graves, because of the pit had grown from the original 8 acres to 18 acres, the expansion was considered an “Expansion of a non-conforming use,” which means he has to go to the Zoning Board for a special exception.

She read from a prepared statement and referred to zoning ordinances, letters from the Department of Environmental Services, excavation reports, etc. In these minutes her letter is in regular type and the information from letters, ordinances etc. is in italics.

While Ms. Rodrigues was talking, Mr. John Corduff filmed the board without telling the board that he was doing so. It was only after someone asked him if he was filming that he said yes he was.

 

Here is her letter:

“To All Boards Addressed:                                                                       3.

This letter is to inform your Town boards that, per Article IV, Section E- Removal of Sand and Gravel, of your town’s Zoning Ordinance, also per Section IV – Projects Requiring A Permit and specifically Part C of your town’s “Regulation Governing Earth Excavations,” the George Graves Revocable Trust Gravel Pit is currently out of compliance, and has been for some time, and must now obtain a Town Excavation Permit.

As the Gravel Pit lands are in the Rural/Agricultural District, and due to the fact  that the pit has expanded from its now null-and-void pre-2013 grandfathered status/size of 8 acres, to 18+/- acres, the expansion is considered an “Expansion of a non-conforming use, as described in Article X of the Zoning Ordinance, and must apply for a Special Exception, as in article VIII, Section C – Special Exceptions, and further, follow through with the usual Application for Excavation, as described in Section XIV of the “Regulations Governing Earth Excavations.”

The Town of Walpole has been in possession of all the necessary documents, which support these facts, including (all now attached) the:

Walpole ZBA Excavation report for sites established before August 24, 1979 – which state the Permissible Limits for the excavation site was the Westmoreland line.”

The report says, “Permissible limits. Westmoreland town line on south is a B&M railroad bed on West side – North & East side – our own property. Signed by George and Freda Graves on July 15, 1991.

‘NHDES 2013 Letter of Deficiency LRM 2013 -023, dated Nov, 2014 – which states that 10.4 acres had been excavated in Walpole, NH, and 2.5 acres had been excavated in Westmoreland, NH.”

The Nov. 4, 2014 letter from DES concludes:

1)The original gravel pit, located on the town of Walpole Tax Map 1, Lot 16, had been cleared in an amount of approximately 454,117 square feet (10.4 acres) without an Alteration of Terrain Permit from DES.

2) The newer excavation, located on the town of Westmoreland Tax Map 17, Lot 29, has been cleared in an amount of approximately 110,000 square feet (2.5 acres) without an Alteration of Terrain Permit from DES.

Walpole Tax Card for the George Graves Rev Trust gravel pit property, at Map 1, Lot 16 – which states that at least 9.94 acres is listed as ACTIVE GP, and that a LUCT action was called for as early as July 2014.

Tax Map Into – 7/14 per infor of DES/DRA & review of aerial pics total disturbed area is 10.86 acres and as such a LUCT (Land Use Change Tax) is required.

NHDRA 2016-2017 Notice of Intent To Excavate – which erroneously states in section 9 that the ‘Total Permitted Area’ is 8 acres.

Ms. Rodrigues said that every year the selectmen sign the Notice of Intent To Excavate and every years it’s 8 acres, but actually they must know it’s more than that.

The Department of Revenue Administration document says the total permitted area is 8 acres.

Alteration of Terrain Permit Application, dated 12/16/13 – which show state AoT permits is for 18.7 +/- George Graves Excavation Permit AoT – 1154, dated August 31, 2016 – which states in item No. 6 that permit DOES NOT RELIEVE THE APPLICANT FROM THE OBLIGATION TO OBTAIN OTHER LOCAL, STATE OR FEDERAL PERMITS THAT MAY BE REQUIRED.

Ms. Rodrigues said the Selectmen received this permit for 18.7 acres, which is more than the grandfathered 8 acres.

6. The AoT permit states that “This permit does not relieve the applicant from the obligation to obtain other local, state or federal permits that may be require (e.g., from US EPA, US Army Corps of Engineers, ets.). project disturbing over 1 acre may require a federal stormwater permit from EPA Information regarding this permitting process can be obtained at: http://des.nh.gov/organization/divisions/water/stormwater/construction.htm.

Ms. Rodrigues said that it’s been 32 months since that statement was issued and so far no permit has been obtained by Mr. Graves.

8. The proposed stormwater containment/infiltration basin, as identified on sheet D of the project plans shall be constructed to the horizontal limits and elevations shown on the drawing entitled “Revised Drainage Pond Hydrologic Analysis, George Graves Excavation Site, Outcrop Edge/Bedrock Edge”, dated August 15, 2016. This was in bold in the letter.

Article X11 Section B Administration and Enforcement. “It shall be the duty of the Board of Selectmen, and the Board is hereby given power and authority, to enforce this Ordinance. “

B-2 The Ordinance also says “Upon any well-founded information that this ordinance is being violated, the Board of Selectmen shall take immediate steps to enforce the provisions of this Ordinance by seeking an injunction in the Superior Court or by any other appropriate action.”

“Last month we came here and you said go to the Selectmen and I went there and nothing.”The Board of Selectmen has allowed the Graves pit to illegally expand. “I’m not going to take the run around, and I’m not going to take it any more. It has taken a very great toll on our lives.”

The letter continues, “Also, as abutters of the Graves’ various properties, we are filing a complaint concerning several instances of blasting, which have shaken our home, which have been performed in the Gravel pit in the last few weeks without our notification nor obtainment of the required Town permit. Also, others, who are mandated by law to be notified have not been notified either, as we learned when we called the Walpole Police Chief on November 7^th with our complaints. It appears this blasting is associated with item #8 listed on the Gravel Pit’s AoT-11154 permit (construction of a proposed stormwater containment/infiltration basin) WHICH SHOULD NOT HAVE BEEN INITIATED WITHOUT OBTAINMENT OF THE REQUIRED TOWN EXCAVATION PERMIT.

“We expect that this well-founded information being provided demonstrates that Walpole Zoning Ordinances are being violated and that the Board of Selectmen shall take immediate steps to enforce the provisions of said Ordinances via appropriate action (per Article XII, Section B), and blasting, and all work in the now illegally expanded gravel pit shall Cease & Desist until all proper town, state, and federal permitting has been obtained.

Sincerely,

“Patricia Rodrigues and John Corduff, 52 Old Route 12 North, Westmoreland, NH 93467”

 

Ms. Pam Clark of Westmoreland said she didn’t know why something hasn’t been about this problem. “I don’t know why things are going on like this. I don’t know what you people are doing. You are dragging your feet on this, ignoring that things are not being done properly. The board is quibbling about about a sign and this is about blasting without a permit. I would think you would more concerned about it.” And we’re talking about a gravel pit and blasting that’s going on with out a permit.

“I would think you would be more concerned about the blasting and the abuse of the land in your town. I think it’s disgraceful. I have no idea why you’re doing this, what you’re getting out of it. ..It baffles me that three years, this woman had had to fight this situation. And has gotten nowhere. What do you have to say for yourselves? Please explain to us. Is somebody on the take? Is this because he’s an upstanding person of the community. You’re on their side and covering things for them. …Speak. Would someone speak to what’s going on? Why is this being allowed? I think we’re all entitled to hear. Anybody?”

Ms. Trow said you only came to us last month with this problem.

Ms Rodrigues said three years ago she was battling with the selectmen in Westmorelland. And she said she went to the selectmen.

Ms. Clark said that areas was designated “rare habit area. And that’s gone.”

The rail trail has been broken through – there’s a big gap in it. “Have any of you walked back there and seen what it looks like? She asked.

“It’s interesting that every year you fill out your gravel inspection reports and there was never ever mentioned that they went 21/2 acres over the town line into Westmoreland, “Ms. Rodrigues said.

This pit has a regional impact, she continued. It’s rural agricultural. It used to be beautiful. “We loved hiking in the area.  For 17 it was nice forest and now it’s total destruction. “

Ms. Clark said she spoke to a couple of people about this and one said, “I used to walk my dog on that area and don’t anymore. It’s a mess.”

Ms. Leclerc said that as far as this Board has been aware, the pit is grandfathered.

For 8 acres, Ms. Rodriques said. For at least three years.

Mr. Chuck Weed who has been in the NH Legislature for Keene for several years and is now a County Commissioner commented that he has been aware of this issue for three years. I became aware of it when I was a Legislator in Concord.

“And it’s ongoing.” he said “The biggest surprise to me was the inability of a citizen to get accountability from the Walpole selectmen, from DES, from the Department of Transportation – all of whom have some relationship with the permitting process.

“So I am kind of appalled as an elected official. I thought I had an idea about what the town and local leadership was about but how can a person get accountability for a well-document situation.”

This is hugely complex. “I’ve seen all the documentation. It’s overwhelming. But this explanation and those documents seem easily understandable. How can you not listen after this well-documented presentation? It’s a complex case. It’s  very straight-forward. I sympathize with this person.”

Ms. Leclerc said that a lot of information had been presented and she wanted to look at the documents before commenting. It was decided that the secretary would make copies of the documents for the Board and the matter would be discussed at the next meeting.

Mr. Murray asked if her house was in Westmoreland. He said apparently there are a lot of rules already in place that need to be followed. He was referring to the rules the Westmoreland Planning Board imposed on Mr. Graves.

Ms. Mansouri said that at this point there was nothing we can say until we see the documents.

Ms. Clark said it seems each passes it off on another board. “Who’s in charge?”

Ms. Mansouri said each board has its own function and the Selectmen are the enforcers.

Mr. Tim Graves said he called the secretary at the Town Hall and she is supposed to notify the police and fire department before the blast.

By law you have to notify an abutter with 250 feet. “She (Ms. Rodrigues) is a lot further than 250. He said he refused to notify Ms. Rodrigues as she lived in another town.

At this point everyone was talking at once. A motion was made to adjourn, it was seconded and passed by the board.

 

Respectfully submitted,

Marilou Blaine

 

Walpole Zoning Board of Adjustment

Town Hall

October 19, 2016

7:30 pm

 

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

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

Roll Call: Ms. Mansouri called the meeting to order at 7:35 pm. Mr. Bob Anderson, a valued member of the Board, has resigned for personal reasons. He will be missed. Ms. Mansouri asked Alternate Tom Murray to take his place on the Board. He agreed. Mr. Ernie Vose, a long-time member of the Board, is returning as an Alternate.

Minutes: Ms. Trow made a motion to accept the September minutes as presented. Ms. Lester seconded the motion and it was passed by the Board.

 

Old Business:

Public Hearing 1

            Tara Stuart: Variance for setback distance from the road, 1252 County Road, Map 3, Lot 21, Rural/Agricultural District. Ms. Stuart wants to put a 16-foot-by-18-foot addition on  the house as well as an 8 foot wide porch.

Mr. Lewis Shelley was representing Ms. Stuart.  He told the Board that the garage, which the Board approved to be rebuilt on the footprint of the old garage, had been torn down. He asked if a four-foot walkway could be built on the west side. It was there before and the roof extended four feet over a concrete walkway. Ms. Mansouri said she didn’t think it would change anything and agreed.

Ms. Mansouri asked if the abutters were notified, fee paid and legal posted and printed. The answer was yes.

Regarding the variance, which was needed because the setback from the road is 12 feet shorter than the setback distance ordinance of 65 feet from the center of the road, Mr. Shelley read the criteria.

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

This is only an addition to an existing home and it will be built in the style of the current home, one that is fitting and appropriate for the area. The distance from the road should not be considered a detriment, to any buildings or the rural/agricultural uses of adjacent lands.

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

The lot sits on a hillside with no other suitable options for additions to the house without great amounts of excavation/substantial construction. The chosen site is most suitable and allows for simpler effective construction.

3. Granting the variance would do substantial justice because:

It will allow for a reasonable sized addition to the home while not affecting the neighborhood. This will allow for the homeowner to increase the size of the home for her needs as an elderly person.

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

It will only impede on the restricted area within the required setback by 12 feet. The area is further protected from the adjacent road (above the site) by a wooded berm area.

A question was asked if it would remain a log built home. Mr. Shelley said it will log like, rustic-style log. The buffer will remain. Some trees were removed because they were hazardous to the house.

Ms. Mansouri asked if the Board or the public had any questions.

Ms. Leclerc said she went by the property and there is no other place to put the addition.

One gentleman, an abutter, asked if the new construction is going to be like the old construction – log. Mr. Shelley answered that it is going to be like what’s there now and the roof line will remain the same.

And the garage?  he asked. Mr. Shelley said, the garage is stick frame with log-like siding that will look the same but won’t be full logs.

Someone asked if it could be seen from the road. Mr. Shelley said if you’re coming up from town you can see the house from road as you pass the driveway, but as you move on there’s a berm and only the roof is viewed from the road.

Ms. Mansouri closed the Public Hearing. Ms. Leclerc suggested that Mr. Shelley just read the question and the board could discuss his answer.

Regarding criteria No. 1, Ms. Mansouri said she agreed because it’s going to be sided in the same way and in the same line.

Regarding criteria No. 2, Ms. Lester agreed that because of the dropoff there was no other place they could put the addition.

Regarding criteria No. 3. Ms. Mansouri agreed that the space dictated where the addition had to go.  Ms. Lester said the setback is only a matter of 12 feet.

No. 4 . Ms. Lesclerc said it is  not an eyesore or a hazard for people driving by. The Board agreed it would not be contrary to the spirit of the ordinance.

Ms. Leclerc made a motion to accept the ordinance as proposed. The motion was seconded by Ms. Lester and passed by the board.

 

            Public Hearing 2

Lewis Jeffrey property. Variance setback from the road. Old Keene Road and Hooper   Road. Map 8, Lot 8 and 8-1. Residential A zoning District. Request for Public Hearing.

Mr. Joe DiBernardo, the representative of the Lewis Jeffrey property, did not show up for the meeting. It will be postponed until next month.

 

            New Business:

Ms. Jazmine Breslend and her husband bought a house at 1101 County Road (opposite Whipple Road) (Tax Map Description, map-003 lot-013, sub-001, rural/agriculture district). Currently Ms. Breslend owns a hair salon in Keene and would like to have a one-chair salon in her home. The home is a four-bedroom home and she would like to take one of the bedrooms plus additional space in the home to make a bathroom and salon.

Ms. Trow read the ordinance for the rural/agricultural district and the ordinance for having an office or place of business in one’s home. The Uses ordinance for the rural/agricultural district reads “Residences may be used to house such customary uses by the owner or tenant as office for doctors, lawyers, real estate or insurance, or other recognized professions, or such home occupations as hair dressing or dress-making, except that the number of person employed at any location shall not number more than two persons in addition to the owner or tenant. Adequate off-street parking shall be provided on the premises.

Ms. Bresland was asked how many customers a day she expected. She answered between 3 and 6 a day. Ms. Trow asked about parking and Ms. Bresland said she has places for three cars besides her car and her husband’s car.

Ms. Bresland said the lease on her Keene salon isn’t up until July 2017, but she didn’t want to begin renovations until she knew it was permissible. She still needs to go to the Walpole Fire Department to get permission.

Ms. Leclerc said it sounds like she can do that. Ms. Bresland said she just wanted to make sure that there wouldn’t be problem later. She was told that there is a sign ordinance and she will be back for a sign.

 

Matrix: The matrix will be discussed at the next meeting.

 

Gravel Inspections: Ms. Mansouri and Ms. Lester went to inspect the Cold River and Whipple Hill gravel pits.  Ms. Mansouri said there were no problems. They’ve taken gravel out of Whipple Hill.

 

Graves Gravel Pit in Walpole and Westmoreland:

Ms. Patricia Rodrigues of Westmoreland came to discuss her complaints about the Graves gravel pit, which borders Westmoreland and is near where she lives. The owners, George Graves and Tim Graves of Graves Trucking, Inc. have a right of way over her property to the pit. Ms. Rodrigues appealed to the Department of Environmental Services for an After-the -Fact Alteration of Terrain permit AOT 1154.

Mr. Murray said that the secretary did mention DES had resolved the question of a gravel pit but it was about the Hodgkins pit at the Industrial Park not the Graves pit.

This is a brief account of some of Ms. Rodriques complaints.

Hours of Operations: Ms. Rodriques said work is 24/7. Work starts early, finishes late and the          work is also done on Sundays.

Mr. T. He is taking material from one site and processing on the site that borders Westmoreland.

Mr. T. Graves has virtually destroyed the section of Cheshire Trail that abuts his property and           the Cheshire Trail was made with public money.

Graves got a permit but Rodrigues contests it saying he is not satisfying all the requirements for        the permit.

There is also a concern that water is washing silt down into the Aldrich Brook and the gravel   pit has a culvert that directly empties into the Aldrich Brook. There is concern about the historic arch bridge there and the land under it being filled with sediment.

There is also an environmental concern because of a corridor from the uplands to the           Connecticut River has been destroyed for an endangered species needs that need it.

Rodrigues reminded the Zoning Board that a couple of years ago Mr. T. Graves was cited as excavating too much gravel in Walpole. A permit allows an owner to excavate 8 acres but he went over the limit. He also went across town lines into Westmoreland without any permit.

Ms. Leclerc said that the Zoning Board is required to inspect the gravel pits. The permits are received from the state. It is not known if public hearings are required before a permit is issued..

Regarding the operating hours, it was suggested she go to the Selectboard, tell them the situation and maybe they can intervene. The Selectmen are the enforcers, Ms. Mansouri said. They may be able to do something.

Mr. Murray asked if she could approach Tim Graves, and have a conversation about the hours. She said she didn’t think so. Relations relations are bitter because they are putting in an 18-acre subterranean quarry in Westmoreland that is going to come within 345 feet of her house and “it will probably ruin my well. “

“I’m going to be homeless,” she continued. “I’ve already been told that when they ruin my well, I have to take them to court.”

“I’m glad you brought this up and maybe one of us can talk to talk to Tim,” Ms. Mansouri said. If this were a new business, hours would have been set but since it’s grandfathered. You should go to the Selectboard to straighten it out.

 

Ms. Lester made a motion to adjourn, Ms. Trow seconded the motion and the Board agreed.

 

Respectfully submitted,

Marilou Blaine

 

cc: Town Offices, ZBA Board, The Walpolean

Post: Inside the Town Offices, on the bulletin board outside Walpole Grocery

 

Next meeting Wednesday, November 16, 2016

Agenda for Zoning Board of Adjustment

Wednesday,  October 19, 2016

Walpole Town Hall – 7:30 pm.

 

Roll Call: Appointment of alternates if needed.

Minutes: Review minutes.

Old Business:

Public Hearing 1

            Tara Stuart: Variance for setback distance from the road. 1252 County Road, Map 3, Lot 21, Rural/Agricultural District.

Ms. Stuart wants to put a 16-foot-by-18-foot addition on the house as well as an 8-foot-by-18-foot porch.

 

            Public Hearing 2

Lewis Jeffrey property. Variance setback from the road. Old Keene Road and Hooper Road. Map 8, Lot 8 and 8-1. Residential A zoning District. Request for Public Hearing.

 

Attached is a preliminary draft of a boundary line adjustment Lewis Jeffrey wants to do with his father’s property on Old Keene Road and Hooper Road.  The deed describes two tracts and it is believed the two homes shown on the plan were supposed to be on the tracts.  One home on each tract.  The smaller tract is described incorrectly which puts both homes on the larger tract. Lewis is trying to settle his father’s estate and wants to sell both tracts but needs to clean up the deeds before he can do so.

 

            New Business:
My name is Jazmine Breslend, my husband and I just bought a house on 1101 County Road  Walpole. (Tax Map Description, map-003 lot-013, sub-001) and I currently own a hair salon in Keene. I am starting the process for approval to have a small one chair salon in my home.
            Old Business:

Final Draft of Matrix

Junkyard digital copy. New Gravel  trouble at Graves pit.

Gravel Inspections.

 

Next meeting Wednesday, November 16, 2016

Walpole Zoning Board of Adjustment

Minutes: September 20, 2016

Walpole Town Hall

7:30 pm

 

Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway Leclerc, Mary Therese Lester, Judy Trow.  Alternate: Tom Murray. Absent: Bob Anderson.

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. One Board member was absent so Tom Murray was asked to fill in.

 

Minutes of August: Ms. Leclerc made a motion to accept the August minutes as written. Mr. Murray seconded the motion and it was approved by the entire Board.

 

New Business:

            Request for a Public Hearing for a Variance by Lewis Shelley, acting as rep and contractor for Tara Stuart on 1252 County Road, Map 3, Lot 21, rural/agricultural district.

Mr. Shelley said the current log garage is in disrepair and needs to be rebuilt. It would be built on the same footprint. Ms. Stuart also wants a 16-foot-by-18-foot addition on the house, which is closer than the 65-foot setback on the road side. She also would like a 4-foot-by-18-foot porch at the same location. Both the porch and addition would be 59 feet from the center of the road. Placement would not fulfill the setback requirements.

Mr. Shelley said the house was built by Paul Galloway and Jerry Galloway in 1970; a year later the garage was built. There is a berm at the edge of road that helps to disguise the house from the road. Mr. Shelley said Monadnock Log Homes is doing the addition. He is doing the finish work.

The Board said the garage may be repaired or replaced on the same footprint as the current garage. Mr. Shelley just needs a building permit. The garage will be a different style and oriented differently, but the same size.

Regarding the addition, the Board said he needed a variance regarding the setback requirements. Ms. Trow made a motion to hold a Public Hearing in October for a variance to hear the arguments regarding setback requirements. The motion was seconded and approved by the Board.

 

            Request for a Public Hearing for a Variance. Jeffrey Lewis property, Old Keene Road  & Hooper Road, Map 8, Lots 8 and 8-1, Residential A. Request for a Variance to have as close to a conforming lot as possible within the parameters of the property. Mr. Joe Dibernardo was speaking for Mr Lewis.

Mr. Dibernardo explained that the property was currently taxed as two lots. In the deed there are two houses but the house to the north of the property is placed near the house at the southern end of the property, not where it actually is. The house at the southern end of the property was at one time a gas station, when Old Keene Road was the main route into Walpole Village. Besides being incorrect, the deed was written in 1958 before there were zoning ordinances. Mr. Lewis inherited the property from his father and is trying to sell it but can’t before there is a survey and the deed straightened out. Mr Dibernardo has been to the Planning Board. The Board recommended going to the ZBA for a variance for the side setback, which is not 25 feet, and the lots should follow the minimum area requirements. So the map has been modified to follow lot requirements.

Ms. Lester made a motion to have a Public Hearing in October for a variance to address the side setback. Ms. Leclerc seconded the motion and it was approved by the Board.

 

Signage: Ms. Kim Mastrianni, president of the Great River Co-op, requested permission to put up a sign at the property between The Scoop Shop and Pinnacleview Equipment on Route 12.

The sign is the one that was previously at Tractor Supply. It is 4-feet-by-8-feet, one sided, made of vinyl, and will not be lit. There will be two wooden posts. The sign will face Route 12. It is on land owned by Bensonwood. There are not signs within 100 feet.

Ms. Mastrianni contacted District 4 at the NH Department of Transportation and spoke with both Shari King and Frank Linnenbringer. Both confirmed that no permit was required.  She reviewed the site on Google Maps with Mr. Linnenbringer. The fence is 90 feet from the center line to the fence and 78 feet from the white line to the fence. So the sign may be placed roughly 10 feet on the road side from the existing fence, approximately in line with the existing Scoop Shop sign at Edwards Lane and not infringe on the DOT setback limit of 75 feet from the center line.

The Board approved the placement of the sign. Ms. Mastrianni will fill out a Sign Application and submit the application and a picture to the ZBA after the sign is up.

 

Gravel Pit Inspections: Two teams submitted Gravel Pit Inspection Reports.  Ms. Leclerc and Ms. Trow visited the Joe Sawyer gravel pit and the Tim Graves gravel pit on the Westmoreland line. Ms. Leclerc said there were not problems at either one. She said they didn’t fill out the excavation part for the Sawyer pit because he hasn’t taken out anything in years.  Mr. Sawyer said at some point he may take something out of the pit. A grandfathered pit must remove earth from it every year. A grandfathered pit has to take out one truckload a year. Mr. Sawyer’s is not a grandfathered pit.

Mr. Anderson and Mr. Murray visited the Hodgkins gravel pits. Mr. Murray said at the Drewsville pit there was a very steep slope, more than the allowed grade. However, there was a Danger sign pointing out that it was a steep grade. Roger Hodgkins said that by next year that the mountain of earth would disappear.

The gravel pit at the Industrial Park on Route 12 had some high water and there was some erosion into the gravel pit. The Department of Environmental Services had inspected it and the abutting brook and said it was okay. There was a berm that protected it.  Mr. Murray said nothing had been take out of there in quite a while. A sign on a tree that says the permit expires March 31, 2017. Ms. Mansouri said DES also monitors Cold River Materials.

 

Matrix: A couple of cosmetic changes were made to the Matrix. The document will be titled Application Procedures. A final draft will be submitted at the October meeting. It will be given out with appropriate ZBA applications and the Selectboard will be asked to give one to people who receive building permits. The whole idea of the Matrix is to make it easier for the applicant.

Ms. Leclerc said she would like to see it be more expeditious. So if the applicant goes to the Planning Board first and a special exception is needed, the Planning Board directs the applicant to the Planning Board and at the same arranges a meeting date to recommend or not recommend the special exception on the meeting following the ZBA meeting.

A motion was made at 8:15 to adjourn by Ms. Lester. Ms. Trow seconded the motion and it was approved by the Board.

 

Respectfully submitted.

Marilou Blaine

Agenda for Zoning Board of Adjustment

Wednesday, September 21, 2016

Walpole Town Hall – 7:30 pm.

 

Roll Call: Appointment of alternates if needed

Minutes: Review minutes of June, Executive Session.

 

New Business: Signage

Lew Shelley – possible variance

Lewis Jeffrey property Variance for Lewis Jeffrey Old Keene Road and Hooper Road.        Map 8, Lot 8 and 8-1. Residential B zoning District. Request for Public Hearing.

Attached is a preliminary draft of a boundary line adjustment Lewis Jeffrey wants to do with his  father’s property on Old Keene Road and Hooper Road.  The deed describes two tracts and it is believed the two homes shown on the plan were supposed to be on the tracts.  One home on each tract.  The smaller tract is described incorrectly which puts both homes on the larger tract. Lewis is trying to settle his father’s estate and wants to sell both tracts but needs to clean up the deeds before he can do so.  The smaller tract is non-conforming. However, it is unclear if the tract was decided upon before zoning ordiance.

Continued work on matrix or Flow Chart..

            Junkyard digital copy.

            Gravel Inspections

 

Next meeting Wednesday, October 19, 2016

 

Walpole Zoning Board of Adjustment

Minutes: August 17, 2016

Walpole, Town Hall

7:30 pm 

 

Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway Leclerc, Bob Anderson.. Alternate:Tom Murray. Absent: Judy Trow, Mary Therese Lester, 

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the September 21, 2016 meeting for corrections, additions and/or omissions.

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. There was a quorum of three board members and an alternate.

 

Minutes:  One typo was corrected – wood to word and Ms. Mansouri said she thought Manning and Carr was a real estate office, not a law office. Mr. Anderson made a motion to accept the minutes as corrected. Mr. Murray seconded the motion and it was passed by the Board.

 

New Business:

Signage No. 1: Ms. Samantha Wilheim was representing Unity Homes, a subsidary of Bensonwood. Ms. Wilheim asked if the company could display a 2-by-3-foot sign, on 4-by-4-foot posts and 5 feet high on the right side of the driveway on Wentworth Road. It would be one-sided and would not be lit.

Unity Homes has a model home on the property, which is used as a showroom for potential customers. It is not occupied. Ms. Leclerc made a motion to accept the request as presented. Mr. Anderson seconded the motion and it was approved by the entire board.

Signage No. 2: Mr. Joel Stoddard requested a 3-foot-by-10-foot sign to be placed above one of the bays at his garage on Route 12, next to Walpole Ice Cream. It will be place four feet off center of the bay because the sign is 96 feet from another sign in the front by the road. The ordinance requires that it be 100 feet or a special exception is needed.

It was approved by the board as presented with two conditions:

That Mr. Stoddard get the signature of the owner of the building.

That the sign be placed four feet off center to the right of the bay.

Mr. Stoddard will leave the sign form at the selectboard”s office to be put in a file.

Gravel Pit Inspection Assignments:

Graves and Joe Sawyer – Jan Leclerc and Judy Trow

Hodgkins – Drewsville and Industrial park – Bob Anderson and Tom Murray

Cold River and Whipple Hill – Myra Mansouri and Mary Therese Lester.

At 8:05 the board went into executive session and came out of executive session five minutes later. It was moved and seconded that the minutes of the executive session be approved and sealed.

 

Respectfully submitted,

Marilou Blaine