The Walpolean

Please not these comments from Marilou that accompanied the mintes of the site walk.

” The Enokido public hearing will not be held Wednesday night because there will be a quorum of only four board members. Mr. Vose has recently resigned for health reasons and alternate Judy Trow, who will fill his position, will be out of town for a conference. The outcome could have be a hung jury. The Public Hearing will be held next month. Marilou

It’s a little like the Supreme Court situation. They too are at a stand still. Marilou ” – Lil

Zoning Board of Adjustment

Site Walk

Home of Kay Enokido

192 March Hill Road

Thursday, May 14, 2016

3:00 pm

 

Present: Zoning Board Members: Myra Mansouri, Jan Leclerc, Mary Therese Lester, Bob Anderson. Peggy Pschirrer selectboard. Secretary Marilou Blaine. Tom Crouse. Husband of Kay Enokido and Barry Bellows, builder.

Barry Bellows started by showing the proposed placement of the accessory building. It is below a fairly substantial concrete bridge that is over a stream, marked as a seasonal stream on the map, that flows from west to east. The building would fit into an embankment with a little bit of terracing of the land behind it. Planned is a two-bay garage with the right-hand bay being used as a studio. Above the garage would be a bedroom, bathroom and the rest living space.

The west side of the driveway and bridge would have the electrical that goes to a transformer. Sewage system goes from a corner of the house, under the bridge to a leach field that is half way down the driveway. There is a catch basin below where the accessory building. The new structure would tie into all these utilities. All the power will be shared with house. Mr. Bellows said he is not trying to make it an independent structure. It an auxiliary building.

French Road, a Class 6  road, abuts the property on the east. The Enokido property is 21 acres with 1400 linear feet of road. On the outside of the triangle of French Road is property owned by the town of Walpole.

There is a buried 500 gallon tank in the left-front section of the house, as you’re facing the house. The land on the west side is enough to get around the house for services such as mowing, getting to the well or fire equipment.

There is a berm to the west that was placed there after a severe rain storm caused the river to back up and breech its embankment and come about 3 or 4 feet up to the house. The berm is made of rock and dirt.

The east side of the house is the bedroom wing and west is the living section. It is single story with an extra story above the bedroom for an office.

So. the house sits on a kind of island, surrounded on three sides by two streams that merge at a point below the house and bridge on the west. The fourth side has the tall berm. The stream that flows in back of and on the west side of the house has a rather steep embankment to the water.

The driveway near the house is circular and goes around a large boulder that is the centerpiece for a rose garden. The driveway of the accessory building could be 30 feet by using a little land on the opposite of the driveway from the building.

There would additional room for parking below but adjacent to and on the same side as the accessory building. The driveway that leads you to the house is approximately 700 feet from the main road. The house and accessory building are not within view of any neighbors.

 

Respectfully submitted,

Marilou Blaine

I made an ‘editorial decision” to not publish the junkyard ordinances that are mentioned here in the Agenda.  if you wish to have me do so, leave a comment and I can do it. – Lil

Agenda for Zoning Board of Adjustment

Wednesday,  May 18, 2016

Walpole Town Hall – 7:30 pm.

 

Roll Call: Appointment of alternates if needed

Minutes: Review minutes of April.

Old Business: Public Hearing:

            Variance for an Accessory Building, Article  XVII A and P. Map 9, Lot 33,       rural/agricultural district. Ms. Kashiyo Enokido wishes to build a detached accessory dwelling on her property at 192 March Hill Road that is a two car garage with one of the garage bays to be finished for an art studio.  Above this space would be one bedroom, living space and a bathroom.

 

            Public Hearing  Special Exception: Mr. Eric Frink of 131 Merriam Road, Map 3, Lot 54,       rural/agricultural district is requesting a special exception for a federal firearm license to sell rifles, shotguns and hand guns in his home.  Ordinance VIII, Part C.

 

Savings Bank of Walpole has found that there is some blockage of view of Ames sign, so is          waiting to decide what to do. They may be back again next month.

 

Continued work on matrix.

 

Junkyards – You should have copies now of all the samples that Myra gave me.

 

Site walk Thursday, May 12 at 3 pm. Please remember that during a site walk, you allowed to ask question, but are not allowed to discuss the answers or anything pertaining to the public hearing with another board member.

 

Next meeting Wednesday,  June 15, 2016

 

Walpole Zoning Board of Adjustment

Minutes: April 20, 2016

Walpole Town Hall

7:30 pm.

 

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

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

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

Minutes of March:  Corrections were made to the initial spelling of Mr. Crouse’s name and Mr. Jacks, which was changed to Mr. Franks. On page 2, paragraph 7 “off of” large lots was added and on page 5 stricter was changed to less strict.  On page 3, call should be changed to the past tense and facilitate is changed to necessitate, page 6 has added “to consider,” line 1. Ms. Vose made a motion to accept the minutes as corrected. Mr. Anderson seconded the motion and the motion was unanimously approved by the Board.

New Business: Mr. Eric Frink, 131 Merriam Rd. has applied for a Federal Firearms License. He was at the meeting at the request of Mr. Terry Soucy, an investigator for the Bureau of Firearms, Alcohol and Tobacco.

Mr. Frink has applied for a Federal Firearms License. He said he is required to have an address in order to get the license. He said he would sell only to friends and family, not have a storefront and not have an inventory.

Ms. Mansouri asked how does he get the firearms. He said he orders them through wholesalers. Then how do you receive the firearms? Ms. Mansouri asked. He answered UPS. She asked what would happen if  he were not at his address when the UPS person delivered the firearms. He said he supposed that a UPS man would leave them at his home. Ms. Mansouri said then someone walking by could pick up the package. He said, “yes in theory.”

Ms. Lester asked why couldn’t he pick up the firearm package at the local post office. Mr. Frink said US mail will accept firearms, but many postmasters don’t want to deal with them.

Ms. Lester asked about the process of getting of license. Mr. Frink said Mr. Soucy came to his house and went over a lot of rules.

Ms. Mansouri asked if he worked outside of the home. Mr. Frink said yes. She said she didn’t feel comfortable about this. She would like to find out if Mr. Frink was required to sign for the packages he received and if the post office would accept the packages. “I don’t know the rules and regulations,” she said.

Mr. Anderson said he understands from reading about another person with a FFL license that you have to some regular business hours. Mr. Frink said that was correct.

Ms. Mansouri asked where would he store these guns. Mr. Frink said in a locked gun case with an alarm.

Mr. Anderson asked Mr. Frink if he would do repairs. Mr. Frink said no.  Mr. Anderson said then this a retail business – you buy from a wholesaler and then sell to someone else. Mr. Frink agreed.

Mr. Anderson asked what district he was in and where he lived.  It was rural/agricultural and the last hous at the end of Merriam Road.

Mr. Anderson asked if he was going to sell ammunition. He said yes.  Mr. Anderson asked to whom he would sell the ammunition to. Mr. Frink said to the people who buy the guns. He has no intention of having 10, 15 people coming to his house on weekends for ammunition. “If I have to, I’ll bring it to work and get it to the buyers that way.”

Ms. Lester asked if he were going to advertise. Mr. Frink said no.

Mr. Vose asked him why he was doing this. He said it was worth doing it for the money he would save.

Mr. Anderson then asked Mr. Frink if he were granted a special exception would he feel comfortable if some limits were placed on the exception such as number of guns he sold over a course of a month or a year. Mr. Frink said he would be alright with those conditions.

Mr. Vose said he was debating where or not Mr. Frink should have a special exception, but considering the products he’s handling, he thought he should have a special exception.

“I can’t do this without calling it a business,” Mr. Frink said.

Ms. Mansouri said this was not like the typical at-home business that a dressmaker or lawyer might have in their homes. Mr. Anderson said the ordinances usually are relegated toward services, but this is a retail business in a home. Ms. Leclerc said there were similar situations for automobiles – one sale, one at a time.

Ms. Mansouri explained that a special exception would require a public hearing, notifying abutters, a fee for the application and $8 for each abutter. She asked Mr. Frink if he was willing to go forward. He said yes.

Mr. Vose said if we are going to have a public hearing, the board will need a copy of the rules that he has to abide by. Mr. Frink said there were plenty.

Mr. Anderson said he assumed he needed a permit from the Chief of Police. Mr. Frink said he had to have a special license.  Mr. Anderson asked what kind of guns he was going to sell. He said rifles. He asked about machine guns. Mr. Frink said that needs a special license. His license must be renewed every three years. He had to have a background check from the FBI and state police. He has to keep files on the people to whom he sells a firearm and he has to do a background check on that person. He also has to keep a record of those who are denied purchasing a firearm. He has to keep the files for 20 years.

Mr. Anderson said he wanted to make it clear that if he asked for a special exception that there could be some restrictions such as hours of operation and the number of sales per month, no machine guns.

Selectman Steve Dalessio was in the audience and he interjected that there are a number of people in Walpole who already have a Federal Firearms License. He’s not sure if there has been a change in the law about how one gets a license  today, but in the past this was a  matter for the local police chief.

Mr. Vose said this is going to need a recommendation from the Planning Board.  He read  Zoning Ordinance Article VIII Part C 1 “ Industrial, manufacturing and commercial operation by Special Exception from the Board of Adjustment when fulfilling the following requirements:

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

ii) the proposed use is appropriate and consistent with the Town’s Master Plan.”

Ms. Leclerc said that he will have to go to the Planning Board and see if his project conforms with the town’s Master Plan. Ms. Leclerc made a motion to hold a Public Hearing for a Special Exception. Ms. Lester seconded the motion. The hearing will be held contingent on his getting approval or a recommendation from the Planning Board.

 

Mr. Ben Northcott, storage and repairs of large machinery off 15 Saw Mill Road. Mr. Ben Northcott was at the meeting to request a special exception to operate a storage and repair shop at property that he is buying at 15 Saw Mill Lane. Mr. Northcott said Charlie Welch used to operate a saw mill at the location and it was previously owned by Rita Simonds. He’s buying all of the 100 acres although it’s been subdivided into three lots. He said there were several structures on the entire 100 acres – a couple of barns, a house he intends to rent and rental property on one of the subdivided lots. He wants to use the barns for storage and repair of equipment and some of the equipment will be stored covered outside. He is one-half of the Fuzzy Brothers, which is an excavation business.

Mr. Northcott said there is a hay field and pasture separating the barn where he plans to store and repair equipment, from the road.  The barn is about 180 to 200 feet from the road. He said if the board felt he needed visibility fencing in front of the area he was willing to do that.

The questions of the illegal apartment was discussed. Mr. Northcott said that since the property has been divided there was now one lot for a house and one lot for the apartment. Ms. Mansouri asked about road frontage. Mr. Northcott said the lot with the apartment has 200 to 250 feet road frontage. Mr. Dalessio asked about another structure on the property. Mr. Northcott said their was a little camp up on the hill.

Mr. Vose asked about the cabin where Charlie Welch lived. Mr. Northcott said that there was a log cabin that now belongs to Charlie Welch Jr. and that’s on a separate 5- or-6-acre lot and is not part of the property he was buying. There’s a right of way to the property.

He added that there would be four to five people working on repairs during the winter months and during the summer months probably no one. He suggested a chain link fence, with plastic strips and putting plants in front of the fence to make it look better.

Ms. Mansouri asked what the highest piece of equipment was. He didn’t exactly know but the intention was to use the larger barn, enter from the back of the barn and away from the road, take down the stalls and the second floor of the barn. The barn was once used for chickens.

There was some discussion about the process of where to go first but it was finally decided that Mr. Northcott was told he would go to the next Planning Board meeting for a Site Plan Review and request a Public Hearing in May and tell them he was going to have to get a special exception from the ZBA  So Mr. Vose suggested he come back for a Public Hearing to be held in June. Mr. Vose made a motion to hold a Public Hearing in June. Mr. Anderson seconded the motion and the motion passed.

Mr. Northcott asked if he was allowed to move some lumber on the property into one of the barns before having the Public Hearing. The board said yes.

 

Signage for the Saving Bank of Walpole, 68 Ames Plaza Lane: Kathy Hanks was representing the bank. She said that the bank was requesting a special exception for a double-sided, free-standing sign at the bank in Ames Plaza. The bank has been there about 30 years. She said feedback from customers was that the bank was difficult to find. The sign would face Route 12 and be placed to the right of the generator enclosure and close to the parking lot. The State of NH highway department has approved the proposed location for right-of-way requirements. 

The sign would be lit using 2 rows of small LED lights installed under a canopy so the light shines down on the sign and not towards Route 12 or neighbors. In addition, the lighting will be on a timer to shut the lights off at 9 pm every night to coincide with the rest of the Plaza lights. The metal tubing is 12 feet high, but Ms. Hanks did not have the actual size of the sign. Mr Vose said that a 32-square foot sign is the limit. Looking at the drawing it was estimated the sign would be six square feet, larger than the ordinance permits.

The sign ordinance says in Article VI Part D-6 states that in Commercial Districts “signs shall be permitted no larger than thirty-two (32) square feet. Signs shall be placed not less than sixty (60) feet from the traveled roadway and not less than one  hundred (100) feet from another sign.”

Board members asked how far the new sign is from the large Plaza sign. Ms. Hanks was unsure. She was also unsure of the distance of the sign on the bank building to the new sign. Ms. Lester asked if there was any reason the bank was not on the Plaza sign. Ms. Hanks didn’t know.

Mr. Anderson was concerned about the height of the sign – that  it would be blocking the Plaza sign. Ms. Mansouri said this is going to be facing Route 12. It would be perpendicular to the Plaza sign, It won’t block the Ames sign.

However, in a picture of a sign on Marlborough Street the sign was perpendicular to the road, so there was question of whether it would face Route 12 or be perpendicular to Route 12.

Ms. Hanks will be back next month for a Public Hearing for a variance, because the sign will be larger than allowed. She was asked to bring a copy of the letter from the state, find out the the distances from both the Plaza and bank sign and  the direction the sign would be facing.

Ms. Leclerc made a motion to hold a Public Hearing for a variance next month if needed, Ms. Lester seconded the motion and the board approved the motion. If Ms. Hanks finds out the sign is not over-sized and is within the 100-foot threshold of distances from other signs, she does not need a Public Hearing but needs to come back with the sign size and the distances from other signs and the letter from the state.

 

Signage for Walpole Interiors: Walpole Interiors will replace the Fall Mountain Furniture Building sign, which was previously where the Whitcomb office building had their sign, said Clare Makibbin, who was requesting a replacement for the sign that is 11 feet wide and 3.3 feet high and 35 feet from Route 12. Walpole Interiors is located across from Aubuchons on the corner of Route 12 and Route 123.

Ms. Makibbin said the sign will be thinner but in the exact same space as the other sign. While the zoning ordinance for signage now states the maximum size of a sign be 32-square feet, because of the pre-existing condition, the board allowed her to put a new sign in the footprint of the old sign. Lights will be in the same place and timed, coming on at dusk and going off at 10 pm.

The board asked Ms. Makibbin to fill out the form and take a picture of the new sign and get it to the secretary of the board for the file.

Besides selling furniture, Walpole Interiors, Ms. Makibbin said, will eventually add an upholstery service, free interior design service and maybe have a cafe in September.

 

Zoning Board business: Ms. Mansouri reminded the board that on April 27, Southwest Regional Planning Commission will host an informational workshop on recent developments that may impact communities. The first is about Accessory Dwelling Units that Gov. Maggie Hassan signed this spring. The bill requires that all municipalities must allow, in all districts that permit single-family residences, one attached unit by right, special exception or conditional permit.

The second topic is about sign ordinances. Ms. Mansouri said this was a Supreme Court decision that says language on a sign cannot be regulated by municipalities. The meeting will be held at the Historical Society of Cheshire Count, 246 Main Street in Keene at 6:30 pm.

There were different interpretations of the accessory building bill.

Mr. Anderson said the bill outlined a whole lot of things that must be added to dwelling units that are attached. If you do nothing, the town can have an optional regulation for detached housing.

Ms. Mansouri said we already have an ordinance and it is optional to add to it.

The Walpole Zoning Ordinance about accessory buildings is Article XVII A. Accessory Building means a building subordinate to the main building on the lot and used for purposes customarily incidental to those of the main building. A dwelling means a building of common foundation. A one-or-two-family dwelling will share the same foundation per lot.

Mr. Dalessio said the bill uses the word “attached,” and it does not have the word foundation.

Ms. Mansouri said, we can’t be less strict than the state, but we can be more.

Ms. Leclerc said that the provision for a foundation was added because people were doing really odd things to have a structure attached to a barn or a garage. Mr. Vose added like having a 100-foot greenhouse attached. Ms. Mansouri said then there were subdivisions without the proper amount of frontage.

Ms. Lester asked what if someone questioned our regulation not being what the state says. Ms. Mansouri said they live in the town and this is the local ordinance..

 

Ordinances: Ms. Mansouri said she would like the board to rewrite the junkyard ordinance and the one about streets that have changed names such as Hitchcock Road being changed to Alstead Center Road. These would be voted on next March.

The secretary will send copies to the board of junkyard ordinances from several towns and one from the NH Municipal Association to see how ordinance are worded and how they would like the new ordinance to be worded.

 

Site Walk of Crouse and Enokido property: The board choose two dates for the site walk – Thursday, May 12 or Friday, May 13 at 3 pm. Everyone will meet at the property at 192 March Hill Road. It is after the French Road sign and on the right-hand side of the road. The secretary will check with Mr. Crouse to see which date suits him.

                                                                       

Matrix: The board tabled discussion of the Matrix until Ms. Trow was present.

 

Respectfully submitted,

Marilou Blaine

 

In case there is confusion about the total number of units Avanru is building, the minutes have been revised.  – Lil

 

The last paragraph on Avanru has the following clarification:

Someone asked about future building. He (Jack Franks) said the state regulations are that you have to be 50 percent filled before you can apply. The application process starts in June and the final date is in August. He originally planned 46 units in Phase 1 with about 20 units in each building. He’s going to build according to demand. He suspects there will a total of 60 units.

Walpole Zoning Board of Adjustment

Minutes: March 16, 2016

7:30 pm.

 

Present: Board Members: Chair Myra Mansouri, Jan Galloway-Leclerc, Mary Therese Lester, Ernie Vose, Bob Anderson. Alternates: Judy Trow. Stephanie Stoughton came in late.

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. All Board members were in attendance so no alternates were needed.

Guests: Ms. Pauline Barnes and Mr. Adrian Basora.

Minutes of January:  There were 3 minor corrections. Ms. Lester made a motion to accept the minutes as corrected. Mr. Vose seconded the motion and the motion carried.

New Business: Mr. Barry Bellows was back representing  Mr. Tom Krouse and Ms. Kay Enokido, who live at 195 March Hill. He was there to request a variance to construct an art studio, guest bedroom with a bathroom in a detached garage.

It is not to be a dwelling, Mr. Belllows said. It is not a primary residence. It’s not going to be an apartment. It is simply going to be a space for their out-of-state children to stay when they visit. Currently, they have a two-bedroom home and are looking forward to having that valuable space to allow them to enjoy their children.

You need a hearing and the hardship is on the land, Ms. Mansouri said and she asked Mr. Vose to concur. Mr. Vose said they’re not here to discuss the variance, they are here to set a date for a hearing.

Mr. Bellows said that  the Board should know Gov. Maggie Hassen has just signed a bill passed by the House and the Senate that addresses accessory buildings.

Ms. Mansouri said she has passed out a copy of the bill.  She said that bill means that you need a variance. What the bill means is that the accessory building must be “within or attached.”

Basically, it says, you have to have to have a house attached to a house, Mr. Bellows said.

If you want to do something else, Ms. Mansouri said, you have to apply for a variance. She said she would like a site walk to see the property. Both Mr. Bellows and Mr. Crouse agreed.

Mr. Crouse said he had spent time since the last meeting trying to find out what we can do to finally have what we want to  happen to the property. We found that  in Peterborough that a detached accessory building was allowed.

Ms. Mansouri said that what Peterborough has or what Dublin has is of no consequence to us. We have our own ordinance and we have to abide by that.

Mr. Crouse said the existing ordinance talks about dwelling, define dwelling.  To me it’s where somebody lives full time. This is not a dwelling we are trying to build.

Ms. Mansouri said you’re looking at it from the position of a dwelling. We are going by what our ordinance says.

Mr. Crouse said that Walpole doesn’t really have an ordinance that strictly deals with an accessory unit, a black-and-white written policy.

Ms. Mansouri said talking about a dwelling is not germane to this issue. You’re asking for a variance.

Ms. Leclerc said there are five criteria and one of them involves the land, but there are four other criteria you have to address.

Mr. Crouse said if the Board walks the property and sees the property and thinks our way, do we still have to go for a variance. Ms. Mansouri said all the paper work must be filled out, including the variance, and it will be decided at the Public Hearing.

Mr. Vose made a motion to have a Public Hearing next month. Mr. Bellows said he couldn’t make it next month, could the Board move it until May? he asked.  So Mr. Vose made a motion to have a Public Hearing on May 18. The motion was seconded and the Board voted in favor of it.

Mr. Crouse wondered why there was an ordinance of this nature. He said he asked people and it is only hearsay but some say it was done for the small lots in the village, not people who own 28 acres. Some of these homes are two miles from the line of sight of another house, he added.

Ms. Mansouri said she thought it was because people were afraid these places would be rented out or subdivided on large lots.

Mr. Crouse continued that he wanted to know the conditions he needed to fulfill to get to the point where he can build. Ms  Mansouri responded they were right in the variance form.

Avanru Development – Signage

Jack Franks came in for temporary signage on Route 12. He requested permission to put a  3-foot-by-8-foot banner to advertise that the company is ready to lease apartments.

“We’re at the point where we are leasing,”. Mr. Franks said. “Response has been overwhelming. This banner would help to direct people to where to call and the Web site.” He didn’t anticipate it would be for a very long time. He expected to lease the apartments rather quickly. It depends on how many people qualify.

Mr. Jacks brought in some of the advertising fliers. He said there’s been a lot of discussion about this being subsidized. That is not true. It is not Section 8. People have to qualify.

It breaks down to a household size from when you make under $43,000, which is $21 an hour to someone who makes $12 an hour.  It is designed for people who are working. They get a little bit of break on their rent.

It’s a little different than paying $1,100 for a two bedroom in town or North Walpole, the maximum you are paying is $866. It is also designed for people who are retired. It will serve the people well that’s why the response has been overwhelming. I think this will help.

He asked if he had to follow the 100 feet from another sign rule. Mr. Vose said that the regulations for temporary are different and also for real estate “For Sale” signs.

He asked if he could put it by the Loam sign, which is a 4-feet-by-8-feet sign. Or there is one at the entrance of Red Barn Lane, he said.

Ms. Mansouri asked if the termination of the sign date be July. If you need more time, Mr. Franks could come back to the Zoning Board.

Mr. Franks agreed to have the sign down by July 20 and if he needs an extension, he’ll come back to the Board.

He said eventually there will be a traffic light there. This will slow things down. Cars go through there at 45, 60 miles per hour.

“Why does that require a stop light,” Mr. Vose asked.

 

Mr.Franks said, “I asked Department of Transportation that same question.” They said the car counts at that time didn’t require a full-service treatment but because of Tractor Supply, and because there will be a restaurant, a bank, brewery and maybe a grocery that’s going to facilitate of traffic light.

Ms. Lester said so it”s anticipation rather than what is there now. Mr. Franks agreed. He said the original traffic study was off about 70 percent for Tractor Supply. They are extremely busy. He also said the traffic light was already engineered.

Ms. Mansouri reminded Mr. Franks that he had to deal with the state road regulations. Mr. Franks said he is fully aware of the setbacks there.

“Can’t it be where one of his other signs are now since it’s temporary? ” Mr. Vose asked. “If you spread them all over the field then you have a hazard, people are looking every which way.”

Mr. Franks said “I think the one next to Tractor Supply would be the right one. It’s easy to see.”

Someone asked about future building. He said the state regulations are that you have to be 50 percent filled before you can apply. The application process starts in June and the final date is in August. He originally planned four to six buildings with about 20 units in each building. He’s going to build according to demand. He suspects there will another 60 units.

Ordinances:

Ms. Mansouri called the Municipal Center and asked an attorney about the date on our junk yard  ordinance and an attorney at the Municipal Center said it didn’t make any difference. She also call Southwestern Regional Planning Commission because Mr. Vose thought they helped to write ordinances. Their response was  they don’t write any ordinance at this time. Mr. Vose said they used to.

However, the NH Municipal Association said once the ZBA gets something in place, such as a prospective ordinance, someone at the Association would go over it and the Board might  have it for next year’s ballot.

Spring Zoning and Planning Conference in Manchester. The conference has been postponed. The secretary will let anyone interested in going to the conference know when it has been rescheduled.

More about Junk Yards

Board member Bob Anderson continued his quest to learn more about junk yards and made a stellar presentation about the subject.

Informal notes mean there is nothing legal about the comments, Mr. Anderson said. If you want the legal info, you have to go to RSAs.

What is a junk yard? When you get into, Mr. Anderson said, the subject you’ll hear about is that Junk Yards, Motor Vehicle Junkyards, Antique Motor Vehicles Junk Yard and even Solid Waste Junk Yards all come under the RSA of Junk Yard. They are all in one form or another a junk yard.

Metal scraps go where there is a Motor Vehicle Junk Yard. Other classifications, such as Antique Motor Vehicle Junk Yard and a Solid Waste Management Junk Yard have very specific regulations, are handled differently, and in the case of the latter, often by the Department of Environmental Services.

One paragraph sums up the total RSA of Junk Yards. There is no other mention of junk yards  found in any district of the zoning ordinance.

The Walpole ordinance reads, “ Article IV, General Provisions, G. Junk Yards and Dumps

1. The use of land or buildings for motor vehicle, machinery or scrap metal junk yards is the use standard set and enforced by the NH Revised Statutes (Chapter 236 N>H>L>, 1993). machinery and scrap metal junk yards may be allowed by prior permit from the Board of Selectmen if they meet the same requirements as are in force for the motor vehicle junk yard.

No other mention of junk yards was found in any district of the local zoning  ordinances.

First an applicant must  get a license, and that comes from the Selectboard. The applicant must also get a Certificate of Approval  from the ZBA. This means that the applicant has to describe the land and must have a Certificate of Compliance showing it will use best management practices from  from DES.

New Hampshire Greenyards is a publication that shows what DES regulates. This publication gives an overview of various laws and resources available to assist local officials about regulations of junk yards. There is a Table of Contents which explains what is in the booklet. It includes Used Oil & Used Oil Filters, Spills – Prevention & Response, Antifreeze etc.

If you were taking in cars and trying to get everything out of it, all the regulations on each of these parts are in the booklet, all triggered by the fact that you need a Certificate of Compliance from DES.

When you submit the license you have to go to DES and say you are going to do all of this.

Ms. Lester asked for clarification. Mr. Anderson said you have to have the certificate when you go to get the license. So in terms of ZBA, there is very little  the Board has to check on except how far off the road you have to be.

There are aesthetic considerations but basically the junk yard has to be hidden from view. The Board determines whether it needs a fence made of solid construction or if the landscape plays a part in the view.

If it is neatly situated so nobody could see it, it wouldn’t need a fence. Fencing should be  six-feet high of solid construction. The  RSA does talk about preempting specific local ordinances control when there is a conflict with this ordinance. So local takes prescedency.

There was a short discussion of this idea. Ms. Leclerc asked when we have practically nothing in our ordinance, do we follow the state? The answer was “Yes.” Mr. Vose said local ordinances cannot be stricter than the state – that was his view.

You have to renew your license annually and meet all provisions of the law.

When  this state ordinance was written there were already junk yards in existence so they wrote in section 4, existing junk yard must follow state regulations by April 1966.

So almost all follow the motor vehicle junk yard model. There is a whole category of junk yards that go from flea market or 40 to 50 washing machines piled up in a yard. For $8 the Board can buy “How to Regulate Junk and Junkyards.” It’s 85 pages and  Ms. Mansouri asked the secretary to request a booklet.

Walpole has only one junk yard, owned by Ernie Way and he has a license. There is supposed to be a fence, but it doesn’t surround the junk yard.

There is another on County Road and the owner does not have a license. It was suggested that  someone go to the Selectboard and ask that the ordinance be enforced.

Regarding a new ordinance the Board needs to spell out the regulations and  new a one may be written, Ms. Mansouri said. It would include adding the fence and the 300 feet from the right of way.

Would the Board have to go to a town vote or just say that the state has a pretty good ordinance that we should be following?  To be continued.

The Matrix

For the past couple of months the Zoning Board has been working on a matrix to make it easier for an applicant to understand the process for a Variance or Special Exception. Tonight the Board tinkered with Draft No. 5. Both Ms. Barnes and Mr. Franks thought the Matrix was a good idea. Mr. Franks said the Matrix was “exceptionally helpful.”

Ms. Barnes questioned what happened after the applicant went to the Planning Board for a Site Plan Review. Is that the last step? She asked.

Someone said that Planning approves it so it was suggested a box below it saying “Approved by the Planning Board.”But what if the Site Plan were turned down? Since there was no box there, another box was added saying Judgment made or Decision made.

There were different feelings about the word Judgment. A few didn’t like it, saying it was too harsh. So it was changed to Decision.

 Mr. Franks said that first and foremost the ZBA makes a decision on a Special Exception and then it goes to the Planning Board. They have to considered your decision.

There was discussion over the spelling of Judgment.

Ms. Stoughton suggested just using the word “granted” with an arrow go over to Go to Planning Board. Then a box for “Denied” and stop. Then there’s no reason to use the word Judgment.

Ms. Lester suggested putting the word fee next to the word application so applicants will know they have to pay a fee for filling out the application.

So Draft No. 6 is coming up next month. Ms. Mansouri said that the Board will look at the next one and see if the Board can make No. 6 the final draft. 

By-laws

Ms. Mansouri asked, “Do we want to update the By-Laws?” Also, the Board needs have to have an election of officers and we have to straighten out that Hitchcock Road has been changed to Alstead Center Road. It was named Hitchcock Road after Hitchcock Mountain.

Mr. Vose explained that these are road names that are in the ordinance that are no longer used. Mr. Basora asked if it required a variance.

Ms. Mansouri said it didn’t require a variance but the Board needed to go to the public to make the name change in the ordinance. So that would be on next year’s ballot.

Ms. Barnes said she preferred the name Hitchcock Road.

Election:

Mr. Anderson made a motion to have Myra as chair of the Zoning Board. Ms. Lester seconded the motion and the motion passed unanimously. Ms. Lester made a motion to elect Jan as vice-chair. The motion was seconded and passed unanimously by the Board. Ms. Mansouri made a motion to elect Mr. Vose as clerk. The motion was seconded and it passed unanimously.

There was a motion by Ms. Leclerc to go into executive session. It was seconded by Mr. Vose and passed unanimously by the Board. When the Board came out of executive session it voted to accept the executive session minutes of January and February and seal them.

Ms. Stoughton, who is a nurse, said she was going to have to work on Wednesday evenings, so could not make Board meetings. We’ll have a need for another alternate.

 

Respectfully submitted,

Marilou Blaine

Walpole Zoning Board of Adjustment Minutes

February 17, 2016

7:30 pm.

Present: Board Members: Chair Myra Mansouri, Mary Therese Lester, Ernie Vose, Bob Anderson. Alternates: Judy Trow. Absent: Vice-Chair Jan Galloway Leclerc, Stephanie Stoughton.. Recording: Marilou Blaine.

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

Roll Call: Ms. Mansouri called the meeting to order at 7:36 pm. There was a board member missing so Ms. Trow was needed to fill in.

Minutes of January: There were a couple of typos. Corrections were made. Ms. Trow made a motion to accept the minutes as corrected. Mr. Vose seconded the motion and the motion was unanimously approved by the Board.

Junkyards: Mr. Anderson researched junkyards looking up the current RSA 147-23. He said much of it was confusing. Our current junkyard ordinance begins much as the RSA does because it describes what a junkyard can call junk – “the use of land or buildings for motor vehicle, machinery or scrap metal junkyard is the use standard set and enforced by NH Revised Statues (Chapter 236 N.H.L. 1993).”

Mr. Anderson said the statute is 17 two-sided pages long and it was impossible for him to tell the Board everything in the RSA. Junkyards are grouped with recycling yards and really under the auspices of the Department of Transportation. So when reading them, the first third of regulations deal with junkyards near interstate highways. When you get deeper into the regulations, they branch out and casually mention regulations along other highways and eventually road regulations that apply to Walpole.

The regulations say an applicant needs a license for a junkyard. The governing body that deals with the licenses in Walpole would be the Selectboard. So an applicant would apply, in our case, to the Selectboard. As part of the application process, municipalities having a junkyard ordinance and a zoning board of adjustment, the application must first go to the Zoning Board of Adjustment and obtain a “certificate” stating that the junkyard is not within an established district restricted for such uses or other reason opposed by the Zoning Board.

So, in other words, the applicant has to come to the Walpole Zoning Board of Adjustment first and get a statement that the application doesn’t violate anything in the current zoning ordinance. It becomes part of the application. There are a lot of regulations in the section of the interstate highway system that flow through to the RSA of the town.

Mr. Vose mentioned fences and Mr. Anderson said there are regulations on how high fences must be and that the fences must totally enclose or surround the property. Then in the location requirements the statutes do finally talk about Class 1, 2 3, 3a roads. These all have setback requirements, and can’t be less than 650 feet from a right of way for class 1, 2, and 3 roads and can’t be less than 300 from the right of way from class 4, 5 and 6 highways.

Mr. Vose said the junkyard up by Pete Graves farm doesn’t qualify and it’s been there so long it’s probably grandfathered. And he doesn’t have a license. Mr. Vose asked if the Board was going to change the ordinance so it covers these regulations in Walpole?

Mr. Anderson said, “I don’t know where we are going with this.” He asked, “What are the objectives?” Ms. Mansouri said just to learn.

Mr. Anderson said Walpole has about a couple of paragraphs in its junkyard ordinance. On page 5 of the Zoning Ordinances, under General Provisions, it says, G. Junk Yards and Dumps 1. The use of land or buildings for motor vehicle, machinery or scrap metal junk yards is the use standard set and enforced by NH Revised Statutes (Chapter 236 N.H.L. 1993). Machinery and scrap metal junkyards may be allowed by prior permit from the Board of Selectmen if they meet the same requirements as are in force for the motor vehicle junkyard. 2. The use of land for dumping garbage and refuse as defined in RSA 147-24 is prohibited except that a dump may continue as a non-conforming use if it complies with the provisions of RSA 147 and 149 M and including the provision for approval, therefore, as required in RSA 147- 25. 3. The selection of a public dumping place maintained or designated by the Board of Selectmen in accordance with RSA 147-23 to 147-30 shall not be affected by this Ordinance. So the regulations differ slightly depending on the class of the road.

The setback footage from the road is different but ALL junkyards should be fully enclosed by a fence. Persons wanting to get a permit must go to the Zoning Board of Adjustment first before getting a permit from the local governing body, which, in the case of Walpole, is the Selectboard. The last time the Walpole junkyard ordinance was updated was 1993. The state junkyard statutes were updated several times between 1993 and 2012.

How does the ZBA want to update its ordinance? Does it want to put it to a town vote? Or can the town simply update the ordinances according to the state statutes without putting it on the warrant?

Mr. Anderson said it seems logical that we could just update this, but it’s better to check. Ms. Mansouri is going to call the NH Municipal Associations and check what she must do and, at Mr. Vose‘s suggestion, call Southwest Regional Planning to see if they already have an updated statute that the ZBA could use for its ordinance.

Mr. Vose said if the Municipal Association won’t allow us to simply to change the date, then they should have something that can make this thing work. What is the date on our ordinance? Ms. Mansouri asked. Mr. Anderson replied 1993. Ms. Mansouri asked when was the latest date a statute was added. Mr. Anderson said there are multiple dates with the latest 2012. Wouldn’t it be simpler if we just don’t put a date? Ms. Mansouri asked.

Ms. Lester said it seems silly to put a date on the ordinance when we know it may change. This way the Board never has to change a date. On the same thought, are we going to write local ordinances or are we going to go along with the state? It says specific local ordinances shall control when in conflict with this subdivision in the RSA. If we had our own, it’s better than theirs.

“If that becomes the question, then I’ll have to go deeper,” Mr. Anderson said. “Look into specific regulations of junkyards. There are a lot of them.”

Southwest should have done all that homework and they should give us somewhere to start, Mr. Vose said. Mr. Anderson said, “I’ll give you an example of my frustration. I thought had zeroed in on something that was going to be really appropriate, in the industrial area. Mr. Anderson read from the statute: “not withstanding any provision of this . junkyards, auto graveyards and scrap metal processing facilities can be operated adjacent to the interstate system and the turnpike system, which is within 1000 feet of the nearest right-of-way in a zoned industrial area. Or which are within an unzoned industrial area, but are used for industrial activities.”

Do you think that has anything to do with us? Mr. Anderson asked. It’s buried in the section so it goes back and forth. That fits Ruggiero. Mr. Vose said. Ernie Way is the only junkyard in Walpole. It’s on Valley Road, before you get to Woods.

“If you want me to continue, I can make up a list of items that are appropriate, Mr. Anderson said. “Do we want to develop our own regulations? Let’s see what Southwest has to say.”

Ms. Trow said that our ordinance says nothing about people coming to the Zoning Board. Part of the permit would be to send them here first. Do we know if the selectmen would send them here? Ms. Trow asked. “Maybe it should be right on the application.” Ms. Mansouri said, “I don’t know, I’ve never seen an application for a junkyard.” Maybe the Zoning Board would have to have its own application, someone speculated. It would have to include set backs and fences.

County Road is a state road, Mr. Vose said. It’s in total disrepair. They don’t use that terminology of county road, state road etc. Mr. Anderson said. They call them highways, class 1, 2, 3a, 4, 5 and 6 What’s 5? It’s a regular road, 6 is subject to gates and bars. I’ve never heard of class 4, Mr. Vose said. I think most of our roads in town are class 5. Ms. Mansouri said. Even a dirt road, it would be class 5, it has to do maintenance. And then there’s Farnum Road. It’s a scenic highway. You can’t do anything it without permission from the Planning Board, Mr. Vose said.

Everyone thanked Mr. Anderson for doing such a good job researching junkyards.. The Matrix Ms. Trow submitted one, which everyone seemed to like. She brought in one with boxes and arrows. Ms. Mansouri said the Board must be sure it conforms to what has been written? That was what everyone decided on at last meeting.

Mr. Vose said if a person has to go to ZBA for a special excepting, they have to go to planning for a hearing date, get a recommendation and then to back to ZBA. They could do it the following week for a special exception hearing, Ms Mansouri said. Do you think this is easy to follow and makes sense? The only thing I’m looking at is after the special exception, Mr. Vose said. The person might have to go back to the Planning Board for a site plan review. It was suggested that instead of having another box, the one there should be move more to the left and further down. Good job Judy.

The Board will do Draft 5 next month. Mr. Vose made a motion to go into executive session. The motion was seconded by Ms. Lester. The Board voted in the affirmation.

When the Board came out of executive session, Mr. Vose made a motion to adjourn, the motion was seconded by Ms. Lester and the Board voted in the affirmative.

The time was 8:20 pm.

Respectfully submitted, Marilou Blaine

Walpole Zoning Board of Adjustment

Minutes: January 20, 2016

7:30 pm.

 

Present: Board Members: Chair Myra Mansouri Vice-Chair Jan Galloway Leclerc, Mary Therese Lester, Ernie Vose. Alternates: Judy Trow and Stephanie Stoughton..

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. There was a full five-member board present so no alternates were needed to fill in.

Minutes of December plus workshop minutes. Ms. Stoughton pointed out in the December minutes that there was a space in Ms. Leclerc‘s last name and on page two, fifth line, the word maybe was repeated.  Ms. Stoughton also said Gary Patch was manager of Whipple Hill and not owner. Ms. Leclerc pointed out that her name is spelled without the space and without the capital “C”. She added that when she made a motion to accept the minutes of the executive session, she also said she wanted to have them sealed.

Ms. Mansouri asked for a motion to accept the corrected minutes. Mr. Vose so moved, Mr. Anderson seconded the motion and it was approved by the Board.

Town Events: Ms. Mansouri reminded the Board of other events going on to get ready for Town Meeting. She mentioned that there was going to be a Candidate’s forum, Review of the Budget and urged everyone to attend. She said that Selectman Steve Dalessio is also reviving the Leadership Program in which participants visit all parts of local government including the fire department, police department, all the various boards both in Walpole and North Walpole.

Site Plan Review Regulations and Subdivision Regulations: At the last meeting, a Board member made a wish. She wished she had a copy of the Site Plan Review Regulations. This month Site Plan Review Regulations as well as Subdivision Regulations were handed out to the entire Board.

Special Exception Matrix. The Board made some additions and corrections to the Special Exceptions matrix. The purpose of the matrix is to make it easier for an applicant to navigate the path when variances and special  exceptions are needed. Draft 3 is on the next page.

Palmer Photographs: The Board looked at photographs of Mr. Doug Palmer‘s garage, which has been converted into living space. Palmer received a waiver from the Board last fall for his family to live in the garage while they are building a house nearby. He promised to return the garage to a “regular” garage and remove the living facilities when the house is completed.

Zoning Ordinances: When are we going to address the changes to the Special Exception? Mr. Anderson asked. Ms. Mansouri said we are not changing the Special Exception form. The discussion last month was about updating the Zoning Ordinances regarding B&Bs and Junkyards. Ms. Mansouri said the changes would in the numbers that match the state’s numbers. It would be on next year’s ballot. The ZBA would have to have a public hearing.

The other thing the Board has to do is go through the names of the boundary district, Ms. Mansouri said. For example, Hitchcock Road is now Alstead Center Road. Watkins Hill Road used to come down to Maple Grove Road, but when 911 came in it was changed and now ends at the bottom of the hill. Look through and make sue the road names are corrct, Ms. Mansouri suggested. Check to see if Bellows Falls Road, then Turnpike Road, is now called Main Street. She suggested looking at previous Town Reports to get the correct language to put on the ballot. Mr. Anderson volunteered to do the research on Junkyards and present it at the next meeting.

There was a question on whether or not B&Bs and Junkyards, which were changes the state made, needed to go on the warrant or if can just be changed in the ordinance. Ms. Mansouri will check. She also said that the Board should limit the number of things put on the warrant so as not to overwhelm the puclic.

Mr. Vose made a motion to go into executive session. The motion was seconded by Ms. Lester and it was approved by the Board. The Board came out of executive session 20 minutes later.

After the Board was back to its regular session, Ms. Leclerc made a motion to accept the minutes of the executive session in December as presented and seal them. Ms. Lester seconded the motion and it passed the board.

The Board adjourned at 8:20 pm.

 

Respectfully submitted,

Marilou Blaine

 

Minutes are posted inside the Town Offices and on the bulletin board outside Walpole Grocery.

Cc : WPB, The Walpolean, http://www.walpole.nh.us

Draft 3 – Special Exception Matrix

 

What District?

Does project conform to zoning ordinance?

Yes                                                                                No

Go to PB for                                                             Go to ZBA

Site Plan Review                                                         Fill out application

 

Variance                                          Special Exception

Needed                                                            Needed

Variance Hearing                                                               Go to PB

Set Hearing Date

Get Recommendation

 

Judgment made                                                                   Return to ZBA for Special

Exception Hearing

 

Go to PB for                                                             Judgment made

Site Plan Review

Agenda for Zoning Board of Adjustment

Wednesday,  January 20, 2016

Walpole Town Hall – 7:30 pm.

 

Roll Call: Appointment of alternates if needed

Minutes: Review minutes of December

 

New Business:

 

Old Business:

Distribute Site Plan Regulations and Subdivision Rules

Myra and Jan’s terms are up. Visit the Town Clerk on days when she is open between the dates of Jan. 20 and Jan. 29

Doug Palmer photos.

Next meeting Wednesday, February17, 2016

In her email, Marilou Blaine said that the matrix will be published with boxes for the next meeting.  Let’s hope the format shows here as well. If not, one can check the posting on the bulletin board in the Town Hall. – Lil

Walpole Zoning Board of Adjustment

Minutes: December 16, 2015

 

Present: Board Members: Chair Myra Mansouri Vice-Chair Jan Galloway Le Clerc. Alternates: Judy Trow and Stephanie Stoughton..

Absent:, Members Ernie Vose and Mary Therese Lester..

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

Roll Call: Ms. Mansouri called the meeting to order at 7:30 p.m. Two board members were absent so both alternates took their places.

Minutes: Ms. Trow made a motion to approve the minutes with one typo – the spelling of Ms. Mansouri‘s name. Ms. LeClerc seconded the motion and the board approved the minutes.

Workshop: Ms. Mansouri said she was really pleased with how the workshop went. Ms. LeClerc made a motion to accept the workshop minutes as written, Ms. Stoughton seconded the motion and the board passed the motion unanimously.

After countless suggestions and rewording and discussion about some zoning ordinances by Board members, Ms. LeClerc came up with Draft II:

 

                                                            What District

 

                                                            Does project conform

                                                                   to zoning

 

                                                Yes                                                       No

 

                                                                                                Go to ZBA

 Go to PB                                                                                Fill out application

 for Site Plan

 Review

 

                                                Variance                     Special Exception                   Go to PB                                                                     Hearing                            Needed                               Set Hearing                                                                                                                                            Get recommendation

                                                                                                                       

 

                                              Granted                                                                             ZBA Hearing

                                                                     

                                                                                                                               Granted

Ms. Mansouri said that there are several things to be revisited next year regarding the Zoning Ordinances:

B&Bs

Junkyards

She will check to see if these changes have to be on a warrant. They are simply numbers and rules which             correspond to state requirements, so maybe may be changed without writing a petition.

Other topics: Hitchcock Road is now Alstead Center Road.

Lighting rules saying lights must be downlit and shut off at a specific time.

Page 9 special exception which tells readers to loop back to another article.

Any written changes would have to be approved by the Planning Board.

 

Whipple Hill gravel pit: Mr. Vose sent an email saying that Whipple Hill gravel pit owner Gary Patch let him know that gravel had been taken out of the pit as he promised when the pit was inspected this fall. Mr. Vose wrote, “ I drove up there and they had indeed taken some gravel out of the pit.  They had smoothed out the banking after taking the gravel.  They left tracks of the truck and the loader which was the only way I could be sure that they had taken any gravel at all. He kept his word !”

 

Tom Hanna letter: There was no discussion.

 

Petition: It was noted by Mr. Anderson that the RSA in the petition is RSA 149-M: 24 not 124. Ms. Mansouri asked the secretary to check with Ms. Janet Clough or Selectman Steve Dalessio on when changes to the petition can be made. The request for a Public Hearing regarding the petition will be at the regular Planning Board meeting January 12, 2016 and the Public Hearing will be held January 26, 2016. Mr. Anderson asked if there were more signatures. The secretary said there were.

 

Executive Session: The Board went into executive session after a motion was made by Ms. Stoughton, seconded by Ms. Trow and approved by the Board at 8:10 p.m. The Board came out of executive session at 8:40 p.m. A motion was made by Ms. LeClerc to accept the minutes of the executive session on November 18 as written. The motion was seconded by Ms. Trow and approved by the Board.

 

The meeting was adjourned at 8:40 p.m

 

Respectfully submitted,

Marilou Blaine

Secretary

 

Regretfully, the format of the matrix does not work here as well as it should but some extra concentration makes it work. – Lil

Walpole Zoning Board of Adjustments Workshop

Walpole Town Hall

Minutes: December 10, 2015

 

Present: ZBA Board members: Chair Myra Mansouri, Jan Galloway Le Clerc Vice-Chair, Ernie Vose, Clerk, Bob Anderson,  Alternates Judy Trow and Stephanie Stoughton and Bob Miller, Vice-Chair of the Planning Board.

Recording: Marilou Blaine Recording Secretary. These minutes are unapproved and will be reviewed at the December 15, 2015, meeting for corrections, additions and/or omissions

The meeting started at about 7 p.m. and the purpose was to make it clear to future applicants on the path or steps needed to be followed for a special exception. All districts allow special exceptions if special conditions are met. The idea is to make the path easy and understandable.

Judy Trow suggested a matrix and everybody agreed it was a great idea so the task seemed how to do it in the least amount of words: This is Draft No. 1.

 

Step 1                                     Step 2                                                         Step 3

What district                          Does my project                                If yes, proceed to the PB

are you in?                            conform to district

requirements?

 

 

Step 4

If no, go to the ZBA

to determine what is needed-

Variance or Special Exception

Fill out an application and

set up a Public Hearing date

 

Step 5                                           Step 6                                                 Step 7

Variance is given                             Variance                                Special Exception – Fill out

after Public Hearing                                    Go to PB for                          Application. Set Public Hearing

Go to PB if project                            for Site Plan Review           date. Go to PB – request Public

requires it                                                                                          Hearing. Have PB Hearing.

Get recommendation from PB.

Step 8

Return to ZBA

for a decision

on the Special Exception

This matrix will be looked at and tweaked by both the Zoning and Planning Boards to make sure it follows the correct steps and is easy to understand.

There were certain parts of the Zoning Ordinances that might need clarification. One is on page 7 in the Zoning Ordinances and it was requested that the Board revisit this at its next regular meeting.

Other items that will be revisited in 2016 are:

Regulations on B&Bs.

Junkyards

These need to be updated to meet state requirements.

Another matter is the naming of Hitchcock Road  and instead of having some reference to look at another article in the Zoning Ordinance, printout the ordinance where it is referred to.

 

Respectfully submitted,

Marilou Blaine.