The Walpolean

 

Walpole Zoning Board of Adjustment

Minutes: July 16, 2016

Walpole, Town Hall

7:30 pm 

 

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

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the August 17, 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:  Five corrections were made, mainly typos or an extra wood.  Ms. Trow made a motion to accept the June minutes as corrected. Mr. Anderson seconded the motion and the board approved the motion.

Old Business:

            Public Hearing:Special Exception:: The Savings Bank of Walpole – Signage, Ames Plaza, map 12, Lot 55-3, commercial district. Zoning Ordinance Article IV. Special Exceptions are required if there are signs within 100 feet of one another. The sign will be 32-square feet, two-sided, free standing, up-lit and perpendicular to Route 12.

Martha Curtis was representing the Savings Bank of Walpole.  Although the bank has been there for 30 years, Ms. Curtis said there are still some people who didn’t know where the bank is. That’s the reason for the sign.

In addition to the above, she added that the lights would be LED, the sign would be close to the banks own driveway to satisfy the state requirement about the distance from to the center line of Route 12 and near where the generator is. The reason there is no sign on the Ames Plaza Board is that the bank owns its own property.

Mr. Anderson thanked Ms. Curtis for taking pictures of where the sign will be with the Ames sign in the background. Ms. Trow asked if the sign on the building was staying. The answer was yes. It is 63 feet from the new sign. The Ames sign is 120 feet away.

The Public Hearing was closed. Mr. Anderson made a motion to grant the Savings Bank of Walpole a Special Exception to put up a new sign. The motion was seconded by Ms. Trow and approved by the Board.

            Public Hearing 2: Expansion of a Non-conforming Use: Lynne and William Reed, 60 Main St., Map 20, Lot 46, the lot is a non-conforming lot. The Reeds wish to put a 3-foot-6- inch-by-7-foot roof over the entrance at the northwest side of the house. It is 17 feet from the nearest abutters.

Mr. Reed said that this would be a new entrance and the principal entrance on that side with the cars parked in front of it. It will be a concrete platform with a roof to provide protection from inclement weather and maybe add interest to that side of the building. It would be one step off the ground.

Abutter Ms. Peggy Pschirrer said she wanted to speak in support of their application of a non-conforming use. She said the addition will be consistent with all of other “excellent redesign work” they have done to that house and will enhance the neighborhood. It will add value to that house as well as abutting property.

Mr. Charlie Frye said it seems a good thing for the neighborhood and for the town and add value to the town.

Mr. Anderson asked if people parked in front of the house. Mr. Reed said there was room for three cars, but not on the street.

Ms. Trow asked if there was any historic evidence it may have had a roof over it. It looks like it belongs there, she said. The Reeds said no. Mr. Reed said it was a window and, he added, the second floor had been added.

Ms. Mansouri said it used to be the law offices of Manning and Carr.

Ms. Pschirrer said that at one time the building, as well as her house, was going to be torn down, but it was turned into the first historical society. The building where the Reeds were living was the gift shop. And at one time Guy Bemis owned them both.

Ms. Trow made a motion to approve the Expansion of a Non-conforming Use. Tom Murray seconded the motion and the Board agreed.

He was asked to send pictures of the improvement when it was completed. Mr. Reed agreed to do so.

 

            Public Hearing 3: Special Exception. Fuzzy Brothers LLC. 15 Sawmill Lane, Map 13, Lot    34-5. The Fuzzy Brothers want to use the barns and property to store and repair heavy equipment. Article VIII. Part C.

Mr. Ben Northcott represented the Fuzzy Brothers LLC and he passed out pictures of the area with a view from the road. Mr. Northcott said he was there for a change of use of the property that was Charlie Welch’s saw mill. The building he was most interested in using was the red building, the one closest to the road, which is Cheshire Turnpike.

There’s a pasture land used by the Fall Mountain High School and hay field on one side and that will remain the same. The small building that was an office at one time will be storage area for equipment. And same with the area behind the big red building.

The red building has garage doors on the front but the equipment will actually enter from the back and the front doors will not be used. The area in back of the building would be used for parking and storage. He would plant some trees in front of the red building and there are some breaks in the trees along the same side that need to be filled in, Mr. Northcott said.

He doesn’t expect to do much to the exterior of the building except paint it, replace a few rotten boards and broken windows. They are going to update the electrical system inside.

Mr. Anderson asked about a fence. Mr. Northcott answered that the Planning Board thought the trees would look better than a fence. Ms. Mansouri agreed.

How many pieces of equipment will be parked on the property? Ms. Trow asked. Mr. Northcott said in the winter maybe two trailer trucks, five excavators, several bucket trucks and a couple of rock crushers. In the winter there would be probably be three employees.

Ms. Mansouri asked about the tenant who was there. The tenants would move to a house on the property. The apartment would become the office.

There would be no sign. He is not looking to repair any other equipment than his own. The loudest noise would probably come from an air wrench.

Ms. Mansouri said that the Special Exception is subject to the Planning Board’s recommendation.

The Public Hearing was closed.

Mr. Anderson moved that the Special Exception be granted with three conditions:

1. That the repair work be only on the Fuzzy Brothers equipment.
2. That trees be planted so the equipment cannot be seen from the road.
3. That the Planning Board recommend the Special Exception.

Ms. Trow seconded the motion and it unanimously was agreed to by the rest of the Board.

 

            Signage: Jack Franks: Future Home of Cold River Brewing Co.

Mr. Jack Franks of Avanru Development came to ask if he could replace the current sign advertising Top Soil for Sale on Route 12 near Red Barn Lane be replaced with a sign saying “Future Home Of Cold River Brewing Co……Office/Retail/Suites Available.” The telephone number and web site are included. There may be a picture of the building on the sign.

The sign will remain where it is to satisfy state requirement and be the exact same size, 32-square feet..

Ms. Mansouri said that she saw no problem with that and the Board agreed.

 

The Matrix discussion was put off for a month. Then the Board went into executive session after a motion was made by Ms. Trow, seconded by Mr. Anderson. The Board came out of executive session about 15 minutes later and the Board adjourned.

 

Respectfully submitted,

Marilou Blaine

 

Walpole Zoning Board of Adjustment

Minutes: June 16, 2016

Walpole, Town Hall

7:30 pm 

 

Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway Leclerc, Mary Therese Lester, Bob Anderson, Judy Trow. Alternate: Tom Murray has not been sworn in yet.

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the July 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 five board members.

 

Leadership Academy: Ms. Mansouri welcomed the members of the Leadership Academy. She said soon after she moved to Walpole, she began going to Zoning and Planning Board meetings. She was an alternate on the Zoning Board before becoming a board member. She hopes someone in the Academy will be inspired enough to participate on a board. 

Minutes of May:  Ms. Leclerc made a motion to accept the minutes as written. Ms. Lester seconded the motion and the board approved the motion

New Business:

Savings Bank of Walpole: Signage – Martha Curtis, who was representing the bank, asked for a special exception to place a sign perpendicular to Route 12. Map 20, Lot 55-3, Commercial District. Ordinance Article IV, D-6.

Ms. Curtis said that although the Savings Bank of Walpole has been at the Ames Plaza location for about 30 years, some people who are new to the area cannot locate the building. Ms. Curtis asked for a Public Hearing in July for a Special Exception to place a sign, which is the allowable size of 32 square feet. The sign has the name of the bank on it and its logo. It will be lighted with LED lights that are on a timer and turn off at 9 pm. The sign is free-standing and two-sided.

The bank needs a Special Exception because the sign on the building is 60 feet from the proposed sign. Article IV Part D-6 states that there must be 100 feet between two signs.

Mr. Anderson said he was pleased that the bank moved the sign around to get the best vantage point.

Mr. Dalessio asked what was below the La Valley sign. It was a sign for Sears. Although the bushes hide that sign, the bushes were there before Sears placed the sign.

A motion was made to hold a Public hearing for a Special Exception in July. The motion was seconded and it was passed by the entire board.

 

Old Business:

            Public Hearing:

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

Barry Bellows, speaking for the owner, thanked the Board for coming out to walk the site. Before he continued, Mr. Anderson asked him a question: Regarding this property, were granted any exceptions for a non-conforming use or do any non-conforming uses exist at this time. Mr. Bellows answered “No, none that I know of.”

Mr. Bellows continued that all the paperwork, maps, questions had been submitted. He gave a synopsis of what the owner wanted: an accessory building, a detached structure that is going to be used on an occasional basis. It is a space for their family to visit. It would be a two-bay garage with one bay being used for an art studio. Upstairs is a bedroom, bath and living space.

The owners do not want an attached building because it would block the entrance of the rear yard. This provides the owners for a potential caregiver. The structure will share all utilities with the main house – power, sewage system, telephone.

The owners are not pushing for a subdivision; the owners are not trying to create a density issue. Mr. Bellows said. The owners are not creating a new infrastructure. Mr. Bellows mentioned House Bill 45, which recently passed the NH Legislature that will be putting into law a new look at accessory buildings, he said. It is an important option and something that is coming in the future. This passed in a 2-to-1 margin the House and unanimous in the Senate. There are many people behind this, he said.

The accessory building will be a value to the town, Bellows said. It will increase taxes, put no burden on the school system or services. Mr. Bellows said he hoped that the route the Board is taking will service the needs of the townspeople in use of their own land.

Ms. Mansouri asked Mr. Bellows to read the answers to the criteria:

Question 1: Give specific details of the project.

Answer: “The constituents of the above stated property would like to build a detached accessory dwelling unit upon their property within a close proximity to the main house. This space is to be a two-car garaged on the base level with one of the garage bays to be enclosed and finished for the purpose of an art studio for one of the owners. Above this space, they would like to construct a one-bedroom space with a full bathroom that can house sporadically their family, or visiting friends upon their property. Due to the fact that their children live in other communities this will enable them to visit for extended periods if desired. The owners are in no means looking to create this as a rental situation for income or otherwise and look to the future as this could potentially house a caregiver allowing them the ability to age in their home and on their property. Their current house is a two-bedroom home that doesn’t allow for the needs that are wanting to be filled by this structure.”

 

Question 2: The proposed use would not diminish surrounding property value because:

Answer: “The construction and use of this structure will not cause any environmental, physical or emotional detrimental effects upon the neighboring properties. For the most part it is physically unable to be seen by neighboring properties and due to the nature of the site, the hllls and surrounding terrain, it is almost completely isolated.”

 

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

Answer: “An attached structure is incompatible with the current design of the house. The existing house was specifically located next to a brook that wraps two sides of the home, the house accessed by a bridge that was required and the approach enters to an attached garage structure with just enough room to turn entering vehicle around. The remaining side faces a large embankment, part of which buffers the potential for an overflowing brook and also allows access to the rear of the house for landscaping maintenance, the potential of needing to get to the well in case of a pump or other system failure, and the ability for fire or emergency vehicle to access at least three sides of the home. Denial of this variance would  put limits and restrictions on the owners’ use of their property and use of their current home in a manner that is unappealing from  a functional, aesthetic and necessary access to all points of their home.”

 

Question 4: Granting the variance would do substantial justice because:

Answer: “It will allow the owners a space for their family and friends to visit who do not reside in this community. It allows them the ability to share and enjoy their property and to bring people to this community to enjoy the many things that it has to offer. It will avoid doing damage to the current design and function of the existing house, allow for better access to the house in case of emergencies or servicing and maintaining. It will offer the owners the ability to age in their home or  have family to assist them as they age or to have a caregiver on the site in a time of need.”

 

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

Answer: “We are not exactly sure what the “spirit of the ordinance” is for the requirement of a common foundation. If we are to assume an understanding then we would say that this structure whether an addition or a detached structure represents exactly the same thing in size, function, use, and impact upon the land and surrounding neighbors. The proximity is close to the existing house and it will share the same utilities of phone, power, septic, driveway and use of property. The primary structure is owner-occupied, there is ample parking as need, the primary structure is the primary dwelling of the owners. The design and architectural appearance, along with creation of more open land and maintained land usage seems in context with the reasoning for ordinances. This structure will sit on an existing lot, it does not push for further expansion or subdivision, it represents very balanced growth and use of the existing system in an aesthetically pleasing manner, and it most certainly does not create a density issue with the ample size of the lot along with the fact that it will very likely have zero impact upon any neighboring properties.”

 

“In Summary: We see at this current time in our state a need and a push towards the ability to have accessory dwelling units. This lot of ample size has the ability to subdivide and construct this space in the open field on the approach, but in my opinion this would be more of an impact much less efficient use of existing systems, the elimination of open land, the creation of more density in the rural aspect of your town and the loss of the commodity of land attached to residential needs. This structure that we are looking for approval to construct allows the potential of the owners of this primary residence the ability be able to look to their personal needs of the future when the ability to live and age without relocation becomes a factor.”

 

Ms. Mansouri said, “The way the Board has always done this is that we have voted on each question. But first, are there any questions from the audience?”

Mr. Anderson, reading from one of the zoning manuals, said “the Board does not have the discretion because they like the applicant or because they the project is a good idea.”

Someone in the audience asked. “Why would that ever come up,”

Another audience member asked why ask them to go through a variance if you are not open.

Ms. Mansouri replied, “We are open and listen to the answers and then the Board decides what it wants to do.”

Mr. Steve Dalessio, a selectman and leader of the Leadership Academy, suggested going back to Zoning Article 5 that describes a single or one family dwelling and then go back to the section of definitions. There is nothing that talks about detached or one foundation. Go back to the work dwelling in definitions. Wherever in this document, does the explanation of the word dwelling appear.

“That’s either a single or two-family house is on one foundation,” Ms. Mansouri said. It does not say house. Mr.  Dalessio said. A dwelling would be where someone lived, Ms. Mansouri responded.

On page 25, under article 17, Ms. Trow read “a dwelling is a building of one foundation. A one-or-two family dwelling shares the same foundation.” Mr. Dalessio said, “It doesn’t day house.” Ms. Trow said, “It says dwelling.” Mr. Dalessio said, “ A dwelling could be a garage. The document doesn’t define dwelling.”

What is the definition of a foundation, an audience member asked. Ms. Mansouri said., “What a house is put on.”  “But what about a two-family house, “ He asked. Ms. Mansouri said that would be up and down.”

Ms. Mansouri said that the owners have a lot of road frontage. They could give access over the driveway for a right of way and put that on the subdivided part, still have all the utilities come from the main house and put a clause in the deed that the two lots could not be sold separately.

Mr. Crouse asked if it is the intention to keep the two structures together.

Ms. Mansouri said you only need 200 feet of frontage. So you take 200 feet, provide access over the driveway, the house would be a separate lot or record but the deed says they could never be sold separately

“I’m not sure that makes sense,” Mr. Crouse said. You have to go through the meadow out to the road and take 200 feet of frontage and create a new lot.

Someone from the audience asked if it would not be easier to record them as one. This way they have to go to the Planning Board, get a subdivision, record in the deed that the two buildings would always be sold together. It will be winter before construction could begin.

“They can get what they want exactly and also conform to the zoning ordinance,” Ms. Leclerc said. “Then there is no point in the variance.”

Ms. Peggy Pschirrer said she was concerned about requiring something in a deed that stamps of regulatory statement. “You are restricting the owner economically by saying you will never divide this space. That’s similar to eminent domain. Now if you had compensated him and deny him the right later to separate that property, you can do that, but its regulatory statement.”

Ms. Trow said that what is being suggested is that after they subdivide, they put a clause in their deed it cannot be sold separately.

Ms. Pschirrer said, “You are restricting what they can do.”

Ms. Leclerc said the owners said they did not want to separate these properties. Putting it in the deed would give them what they want. They don’t have to.

Ms. Pschirrer said you’re requiring it. Ms. Mansouri said, “We’re not requiring it.” Ms. Pschirrer said if she were the applicant she would say “absolutely not. You are prohibiting that free use of that land. It may give them what they want, but it’s a dangerous road to do down.”

Ms. Mansouri said the Board was only suggesting it because they said they always wanted the two pieces to go together.

“Then I would rely on their good faith to do so,” Ms. Pschirrer said.

Someone from the audience asked if they subdivided wouldn’t they have to have their own septic and other services.

Mr. Bellows said it is too close to the other building. Ms. Leclerc asked if was 40 feet. Mr. Bellows said it was more than that. Ms. Leclerc said all you need is 20 feet from the property line.

Mr. Richard Francis asked if the Board’s suggestion is an avenue they might take if the applicants were turned down. If you go through the five criteria and everybody agrees with what was being done, they don’t need to do that. If somebody disagrees with one or more criteria and the variance is turned down, are you now suggesting this is an avenue for them to take.

Ms. Mansouri answered this is a legal avenue for them to take to get them what they want.

Mr. Anderson said one of the questions is about hardships. And then the Board has to consider whether or not there were options. He asked, could you build a second story over the garage and create what you want?

Not in a pleasing manner, Mr. Bellows said. “Is it physically possible, anything is possible.”

“Could you add an addition to the side of the house,” Mr. Anderson asked. “Which side?” Mr. Bellows asked.

“My answer would be no,” Mr. Bellows answered. “The well is there, the propane tank, the septic is there. I wouldn’t recommend it.”

Mr. Anderson asked, “Does the house have a basement.” Mr. Bellows answered, “It has a crawl space under two-thirds, basement under one-third with no egress.

Ms. Lester asked if there would ever be a kitchen. Mr. Bellows said, “No.”

Mr. Anderson said New Hampshire law requires an ordinance to have an attached accessory dwelling unit, it does not require us to have a detached accessory building. That is optional. He continued that Mr. Bellows believes they are the same. “My reading is that they are not the same.”

Mr. Bellows asked what difference does it make if the structure is 15 feet away or attached. Mr. Anderson said he couldn’t answer that because all the towns in this state are going to be trying to figure this out for attached and detached.

One thing I have found in towns like Peterborough allows this with restriction of lot size, which is 10 acres. Ms. Mansouri said the town voted on the ordinance and the Board had to follow the ordinances of our town.

Mr. Bellows said he thought there’s a reason for it and a need for it. Ms. Leclerc agreed and said she personally felt it could be a good idea to have detached dwelling units but the Board has to look at what Walpole has for ordinances now.

Mr. Crouse said one of your responsibilities is to consider variances. Ms. Leclerc agreed if the applicant meets the criteria. Mr. Crouse added that a lot of the words in the form are not that clear.

There being no further questions, Ms. Mansouri closed the Public Hearing.

She asked Mr. Bellows to read Question 1 and his answer. (Please refer to the previous question and answer.)

Mr. Leclerc agreed it wouldn’t diminish property values as did the rest of the Board. Vote 5 for 0 against.

Question and answer 2. Ms. Lester said she tends to agree because of the placement of the house. You could not get a fire truck in there and if there were an issue with the well. I realized that things as people age they like things on the first floor. And she would be denied the ability to do her work if an art studio is not built.

Ms. Leclerc said, “If the lot were small, I would agree. I agree it would spoil look of the house.” But when you consider the size of the lot, it allows the owners to subdivide so she can get what she wants.

Mr. Anderson said, “I don’t see a hardship in the property. I think there are ways for you to establish your goal.”

Mr. Trow said, “I also do not see a hardship. The way existing house was built, the style of the house. If either of those had been different, we wouldn’t be here. They have plenty of land to subdivide.”

Ms. Lester said, “I guess I think someone designs a house and then decides after the fact to do something, it’s because they want to keep it intact. I think we can’t deny it’s a hardship. It’s aesthetically pleasing.” Maybe they didn’t know about a subdivision and all the extra work.

Mr. Bellows said it’s an existing house and everyone can look back and say they should have this, they should have that. But this is what it is. It is now something they want years later.

Ms. Mansouri interrupted and told Mr. Bellows that at this time he wasn’t allowed to speak. He apologized.

The vote on hardship in the property was 4-1.

Question and answer 3.

 Ms. Leclerc said she didn’t agree because they can do what they want without a variance.

Ms. Lester said, “I guess I have a hard time with word substantial. It doesn’t do substantial justice.

Mr. Anderson said he didn’t have a problem with substantial justice. Ms. Trow agreed. The vote was 3 to 1 with 1 abstention.

Mr. Anderson proposed that if we agree to this accessory dwelling and the property is sold, the new owner could decide to put in four more accessory dwellings. The property would have has already gotten a variance, so there is a history that would make it possible.

Ms. Leclerc said when they changed the zoning to common foundation and people who had a house here and a garage there and they would make a roof between the two. And another time a trailer was put on a property and a variance was granted to an elderly relative to live in it. When she died, they rented the trailer, which violated the zoning. And at that time, if two residences were on a lot, it was controversial. So having a common foundation fixed that problem. In the future thing may change, especially on large lots. But for now we have this ordinance.

Question 4

The vote on this question was 5-0.

A vote on the entire ordinance was 5-0.

Mr. Dalessio explained the appeal process. They may appeal for a rehearing in 30 days and then it goes to the Selectboard.

Mr. Crouse said, “You set us up from the beginning. You had made up your mind.’

Someone in the audience asked, “Why not go directly to the Selectboard.” Ms. Pschirrer said they have to exhaust their administrative rights.

Mr. Bellows said he was requesting another Public Hearing for next month. A motion was made and seconded and passed unanimously by the Board.

 

New Business:

Mr. Archie Brown and his wife Jeanne Marie are purchasing the property of the former sculpture Jonathan Clowes at 98 March Hill Road. His wife is a professor at Keene State College in the Theater and Dance Department. She also advises new Equity productions. Mr. Brown works for the Brattleboro Development Credit Corporation and the couple has an interest in holding workshops and classes for rural entrepreneurs.

The primary use of the house would be as a home. But could she do some workshops and could I do some consulting at that location. It has this huge open room. If Jeanne Marie were work shopping a new show, could she have artists there – for a week or weekend?

If we had nonprofit status, could there be performances for the community?

Mr. Brown was before the Board making sure these ideas would be OK and ethical. “We want to be open and transparent about what we will be doing,” he said.

Ms. Trow read the ordinance relating to working in your home.

Ms. Lester said consulting in your home, shouldn’t be a problem. Regarding the theater workshops she asked how many people. Mr. Brown said probably no more than 10. He added that rehearsal space is very expensive.

Someone asked if he would have employees. He answered no more than occasionally their college-age children.

Ms. Mansouri asked about parking. Mr. Brown said it was a pretty long driveway and he thought it would be adequate.

If we had a new play, we could invite people to audience reaction – maybe 30 people.

Ms. Lester said it would be like a theater party.

 

Expansion of a non-conforming use:

Lynne and Bill Reed, 60 Main St. Map 20, Lot 46 would like to put a roof over some step that outside the back of their house. It is 17 feet from the property line and the setback is 20 feet. Mr. Reed requested a Public Hearing for the month of July. A motion was made, seconded and unanimously approved to the hold the session.

 

A motion was made to go into executive session. The Board was in executive session for about 10 minutes.

 

Respectfully submitted,

Marilou Blaine

 

Agenda for Zoning Board of Adjustment

Wednesday,  June 15, 2016

Walpole Town Hall – 7:30 pm.

 

Roll Call: Appointment of alternates if needed

 

Minutes: Review minutes of May.

 

New Business: Signage

            Savings Bank of Walpole has found that there is some blockage of view of Ames sign, so is waiting for us to advise them about what to do.

 

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.

        

            Mr. Northcott would like to postpone his Public Hearing for a Special Exception until July.  He wants to do repair work and store large earth moving equipment on the property on Saw Mill Lane. Rural/Agricultural District. Map 15, Lot 34.

 

            Continued work on matrix or Flow Chart..

 

Next meeting Wednesday,  July 20, 2016

Walpole Zoning Board of Adjustment

Minutes: May 18, 2016

Walpole Town Hall

7:30 pm.

 

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

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the June 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 four board members.

Minutes of April:  Mr. Anderson made one correction – the letter “w” to “s” in the sixth paragraph on the first page changing the word “well” to “sell.” Ms. Leclerc made a motion to accept the April minutes as corrected and Ms. Lester seconded the motion. The motion passed unanimously.

Ms. Mansouri said that Ms. Judy Trow has accepted the position as a board member and has been sworn in. Mr. Tom Murray, the newly appointed alternate, was in the audience as he hadn’t been sworn in yet.

Old Business:

            Enokido Public Hearing for a variance for an accessory building: Ms. Mansouri said the hearing would be held next month. Ms. Enokido and Mr. Crouse decided that since there would be a quorum of four, which could result in a tie, they preferred to wait until next month when there is a full board. Also, they would be unable to attend this meeting.

 

Old Business:

            Public Hearing for Special Exception for Mr. Eric Frink, 131 Merriam Road, Map 3, Lot 54.  Rural /Agricultural District, Ordinance VIII, Part C. Mr. Frink has applied for a Federal   Firearms License. He was at the meeting at the request of Mr. Thiery Soucy, an investigator for the Bureau of Firearms, Alcohol and Tobacco.

Ms. Mansouri said Mr. Frink went before the Planning Board last Tuesday and they said the Planning Board would have a Public Hearing next month.

Mr. Frink brought along the tome of rules and regulations he must follow if he gets a license. Mr. Vose asked that he do so at the last meeting.

Ms. Mansouri asked why Mr. Frink felt he should get a special exception and read why he felt he met the criteria.

Mr. Frink said because there would be 20 or fewer customers per month. There will not be any hazard to health, safety or property value. Everyone in the neighborhood is familiar with firearms. There would be no noise, odor or excessive traffic. He repeated that he was only selling to friends and family. There would be no advertising, signs and no need to worry about parking. “One or two cars in the neighborhood won’t even be noticed,” he said. “I’m doing it for profit.”

One abutter was at the meeting, Mr. Roger Bienvenu. He said he just wanted to see what was going on.

Later he asked if anyone had been up on Merriam Road. Mr. Anderson said he had driven up there and Ms. Mansouri said she had been there before.                                                                       1.

On the special exception form Mr. Frink said that his house is 1,500 feet from the road and 50 feet or more from side boundaries.

Mr. Murray asked if the was going to have a gun range for people who buy guns to test their new weapon. Mr. Frink said “no.”

He said he sometimes shoots in his yard sometimes at his home. Ms. Mansouri asked if needed to be a certain distance from someone’s house. Mr. Frink said he’s well within that distance. The next property from the back of the house is over half a mile away. There are five houses on the road where he lives.

Ms. Lester asked if he was doing it during the day. Mr. Frink said it would be more like “by appointment.”

Mr. Frink said he didn’t consider it retail because he’s not going to have lots of guns to sell at his house. Ms. Lester said is it like mail order? Mr. Frink said “yes.” He would order a firearm from a wholesaler and someone would pick it up on the weekend. “That’s basically how Amazon started,” Ms. Lester said.

Ms. Mansouri asked who delivers. Mr. Frink said UPS. He has to sign for the delivery. If he isn’t there, the UPS person leaves a printed note and he can pick up the item at the UPS warehouse in Keene.

Ms. Lester asked if he had thought about US mail. Mr. Frink said he would rather not use that service.

Ms. Mansouri said the Planning Board said that the Zoning Board could grant the special exception and with their recommendation, he would be approved. But the board could put limits on the approval such as hours of operation, no firing range. Mr. Anderson added limits on 20 customers a month. His concern was that he would be operating out of his house and he didn’t want the business to get too big.

Mr. Anderson made a motion that the Board approve the special exception subject to a Planning Board recommendation to allow firearms be sold by Eric Frink from his home at 131 Merriam Road in Walpole in the rural/agricultural district with the following conditions:

1. Operating hours would be Saturday and Sunday from 9 am to 5 pm.
2. Federal and state permits must be obtained. Approval of the Walpole police chief is required.
3. If any of these permits are amended, suspended or renewed, the change must be filed with the Zoning Board of Adjustment in Walpole.
4. No more than 20 customer sales per month.
5. No unsold inventory will be held on the property.
6. No advertising of firearms or ammunition will be performed.
7. No firing range for customers can exist on the property.
8. Operations cannot be changed or expanded without returning to the Zoning Board of Adjustment for its permission. If any of those conditions are changed, you would have to come back to the Zoning Board for a review.

Ms. Lester seconded the motion. The motion was approved unanimously.

Mr. Frink asked if the Board could notify Mr. Soucy. Ms. Mansouri asked the secretary to notify Mr. Soucy of the US  Department of Alcohol, Tobacco and Firearms of the outcome of this Public Hearing.  She also asked Mr. Frink if when he gets his licenses to make a copy and give them to the secretary. Mr. Frink said he would do so. He said it may take four months or so.                                                                                 

Signage for the Savings Bank of Walpole: Ms. Martha Curtis said that the sign did not block the Ames Plaza sign until a car gets about 30 feet away. They will either correct the problem or forget about the sign. Ms. Mansouri  asked about pictures. The secretary did not receive any.

Site Walk Minutes:  Ms. Mansouri said these were comments by Barry Bellows. Corrections were the word “proposed” before accessory building should be added in paragraph three.  In the same paragraph, last sentence insert the word “is: after the word It.  In paragraph five, add an  “e” to the word your. The minutes were approved as corrected by Ms. Lester, seconded by Ms. Leclerc. The motion passed.

Matrix: Ms. Mansouri said that  the Board will discuss the Matrix, which is a flow chart that describes the steps of a variance and special exception, when Ms. Trow returns.

Junkyards: Ms Mansouri asked the Board what they wanted to do about junkyards. Ms. Lester said she was busy with work until the school year ended. So, it was decided to revisit junkyards in July.

RSA books: Ms. Mansouri distributed copies of the new RSA book.

Northcott Public Hearing: the secretary reminded the Board that they voted to hold a Public Hearing in June for Ben Northcott to use the property he was buying for winter storage and repair of equipment.

 

The meeting was adjourned at 8:10 pm.

Respectfully submitted,

Marilou Blaine

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