Zoning Board Meeting Minutes – 1/18/17

 Zoning Board of Adjustment

January 18, 2017

Town Hall

7:30 pm

 

 

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

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

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

 

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

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

 

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

 

“Zoning Board of Adjustment

PO Box 729

Walpole, NH 03608

“January 8, 2017

“Patricia L. Rodrigues

John M. Corduff

52 Old Route 12 North

Westmoreland, NH 03467

 

“Dear Ms. Rodrigues and Mr. Corduff:

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

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

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

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

“Yours truly,

“Myra Mansouri, for the Board”

 

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

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

GgravesAoTAppl-ProofofDeliveryToGoverningBody-Dec`162013.rtf

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

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

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

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

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

 

Right-to-Know law

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

The names of those present

The specific reason for the nonpublic session

Roll call

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

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

A description of matters discussed

The final decision made

Motion to leave nonpublic session

Motion: Passed/ Did not pass

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

Public session reconvened at ………

Motion made to seal these minutes?

Roll Call Vote to seal minutes – list names

Motion Passed/ Did not Pass

These minutes recorded by: ……………..

 

Matrix

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

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

 

Ordinances

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

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

 

Respectfully submitted,

Marilou Blaine

 

Library Closed – 1/18/17

The headline says it all! – Lil

Zoning Board Meeting Agenda – 1/18/17

Looks like “a quiet week in Lake Woebegon”! – Lil

 

Agenda for Zoning Board of Adjustment

Wednesday,  January 18, 2017

Walpole Town Hall

 7:30 pm

 

Roll Call: Appointment of alternates if needed.

Minutes: Review minutes.

 

So far no one has asked to appear before the board.

A look at the new Right-to-Know Law

Possibly Junk Yards

Matrix

Next meeting Wednesday, February 15, 2017

Clarion Deadline Reminder – 1/23/17

Community Grange Meeting – 1/17/16

Community Grange Meeting at town hall tonight at 7:30 –
Meeting Waters YMCA will be here to enlighten us about the Y programs in our area – summer camp, leadership opportunities for area youth, health and wellness programming – we get a great return on our investment in this organization.
There will be refreshments!

Public Hearing – 1/26/17

**NOTICE**
On Thurs., January 26, 2017
The Walpole Selectboard
will be holding a
Public Hearing Regarding the Donation of Map 20, Lots 65 and 66
from the Estate of Nils Westberg (former site of Central Plating)
to the Town of Walpole
at 6:00 pm

at the Walpole Town Hall

Selectboard Meeting to follow
Have questions? Contact the Selectboard Office at 603-756-3672 or e-mail sdowning@walpolenh.us
for assistance.

Planning Board Meeting Minutes – 1/10/17

Walpole Planning Board

Town Hall

Tuesday, Janurary 10, 2017     

                           

Presiding Members: Jeffrey Miller (Chair), Robert Miller (Vice-Chair), James Aldrich, (Secretary),  Dennis Marcom,  Jason Perron, Jeff White, Steve Dalessio (Selectboard Representative). Alternate: Edward Potter. Absent: Alternate Joanna Andros. 

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

Meeting Opened: Mr. J. Miller called the meeting to order at 7:00 pm.

Roll Call: All the board members were present so no alternate was needed to fill in.

 

Minutes: Mr. Marcom made a motion to approve the December Amended minutes. The motion was seconded and approved by the entire board.

 

Public Hearing No. 1:

            Discuss a petition to create a new zoning ordinance for Detached Accessory Dwelling Units in the Town of Walpole. The petition would be placed on the March 2017 warrant.

            This was the third and last hearing.

Selectboard representative Dalessio said there had been one change to the document –

1- E.”Occupancy of the accessory or principal unit is limited to family members related by blood, marriage, adoption, foster children or, if unrelated, not more than two (2) unrelated individuals.” Also, at the end of the document, the following has been added to reference the current RSA: Under Section XVII, P.  Add “A one-or-two family dwelling will share the same foundation per lot.” Effective June 1, 2017 Attached Dwelling Units are to comply with RSA 674:71 – RSA 674:72 If you want to read the petition, it is posted on the outside bulletin board at Walpole Grocery and in the Town Offices.

Board Vote: Later in the meeting Mr. Aldrich made a motion to recommend the petition be put on the 2017 warrant. A board member seconded the motion and the board unanimously approved it.

 

New Business:

            Bensonwood: Discussion of additions for former Scoop Shop at 9 Edwards Lane, Route 12, Commercial District. Map 12, Lot 4-3. Request for a Public Hearing. Mr. Tom Hancock will represent Bensonwood.

Mr. Randall Walter, head of design for Bensonwood, represented Bensonwood at the meeting instead of Mr. Hancock. Mr. Walter said that Bensonwood has continued to annually upgrade the property at 9 Edwards Lane, formerly The Scoop Shop. The Bensonwood proposal is to update the property per the site plans that were approved in 2010 and 2013 regarding some interior work, possibly an outdoor pavilion and upgrade the dirt parking lot in back of the building. The upgrading of the parking lot would consist of lighting and paving.

Mr. Walter said he assumed Bensonwood could go ahead with project since the property was previously approved for serving food, not just ice cream, a few years earlier. The parking lot improvement was also approved in a previous site plan review.

Mr. Walter said the Scoop Shop has only been closed for about four months, not even a year so he didn’t see why they needed a new site plan review. Mr. Miller said it was an ice cream shop, and so it’s a change of use. Mr. Walter said it isn’t a change of use. Change of use can have other connotations. Mr. Miller said then it’s a change of plans. There hasn’t been any food served there since the plan was presented a few years ago.

Mr. Miller said Mr. Dalessio had another concern they were working there without a permit.

Mr. Miller said that the site plan has to be revisited after a three-year lapse and that even though they once had a permit, it too lapses after 1 year. He felt they needed a new site plan. Mr. R. Miller said he thought the board should have a look at what they are planning instead of going back to 2010, 11 and 12.

Mr. Dalessio asked about a drive-thru and Mr. Walter said there is no drive-thru, it just a covered roof for the service entrance.

Mr. Miller asked what was going on out back. Mr. Walter said Hodgkins was grading the parking lot before a deep freeze set in and stanchions for lighting were being put in. Mr. Miller seemed to be okay with this type of work being done once a permit had been issued.

Ms. Mansouri asked about how close to the lot line is to the parameters of the parking lot. Mr. Miller said he thought about 20 feet.

Mr. Walter said there would be a change of tenants. The new tenants are Chris and Caitlin Caserta of Valley Farms, Walpole. They plan to have a Farm-to-Table type restaurant and plan to use local produce.

Mr. Walter requested a Public Hearing for next month, February. The board voted to approve the Public Hearing for Bensonwood in February.

 

Central Plating Property, Map 20, Lots 65 and 66, lot owned by the Westberg family who have offered the lots to the town.

The Central Plating property is behind Mascoma Bank and is near Ruggles and Hunt. The property has been offered to the Town and that means that the Walpole Planning Board and Conservation Commission must approve this transaction.

However, there are problems with the land. It is a Brownfield property. The town has coupled with Southwest Regional Planning Commission who has agreed to test the land on the property. It will be the second time they have done so. They did a testing in 2015 but it has expired and there are new regulations. Ranson Engineering will assist as they did before.

A cleanup proposal must be approved by state and federal agencies. It is only after their approval that the  Town of Walpole will accept the property. Once that approval is given, it relieves the town of any liability of that property.

The first step is to have it tested. The second step is to have a rehabilitation plan in mind and the third step would be to have the Town of Walpole accept the property. Once any cleanup is completed, the intention is to turn that area into more parking for the downtown area.

The town will apply for a grant , which will be done by the SRPC. The early estimate is for remediation is $200,000 and the town has to meet that grant amount by 20 percent. The town is already lining up some external funding, Mr. Dalessio said. It shouldn’t cost the town any money except to buy the property for $1.

Mr. Dalessio said he expects it will take 50 weeks to complete the testing. He was looking for support from the Planning Board for the project and in the future will ask for a letter of recommendation. RSA 41:14 says that the Planning Board and Conservation Commission must recommend this type of project.

What’s the liability of landowner? Mr. J. Miller asked. He will be relieved of the liability as well, Dalessio said. Why hasn’t he been forced to clean it up years ago? Mr. Miller asked. Mr. Dalessio didn’t know why. The business was formed in the ‘30s or 40s when there was no zoning ordinances or other oversight.

Mr. Ray Boas asked if that meant neither the owner nor the town will have to pay for cleanup. Mr. Dalessio said that is correct. There is plenty of cleanup money available, he said.

Mr. Dalessio said his biggest concern is that there is still some contamination there.

Will this include the garage? Mr. Boas asked.  Mr. Dalessio said the garage will be demolished.

Select board member Ms. Peggy Pschirrer and someone from SWRPC are the Brownfield committee and Southwest is putting up the initial $30,000 for the testing. A motion was made by a Planning Board member to support the project. The motion was seconded and unanimously approved by the board.

 

ZBA Matrix or Flow Chart

The Planning Board got a chance to look at the Matrix the Zoning Board of Adjustment has been working on for several months. The purpose of the matrix is to help applicants who need a variance or a special exception navigate the application process, which can mean going to both the ZBA and WPB in certain circumstances.

Comments were positive and board members agreed that this type of flow chart was needed. Board members congratulated Ms. Mansouri on a good job. The document will be given to any applicant needing a variance or special exception and maybe a building permit.

 

Mr. James Aldrich made a motion to adjourn, the motion was seconded and approved by the board.

 

Respectfully submitted,

Marilou Blaine

Selectboard Meeting Minutes – 1/5/17

TOWN OF WALPOLE

MEETING OF THE SELECTBOARD

JANUARY 5, 2017

 

Selectboard Present:  Steven Dalessio (Chair); Peggy Pschirrer; Whitney Aldrich

Guest Present:  Cheryl Mayberry

CALL TO ORDER:  Mr. Dalessio called this Selectboard meeting to order at 6:30 PM.

 

NON-PUBLIC SELECTBOARD SESSION:

Mr. Aldrich moved to enter into a Non-Public Selectboard Session pursuant to RSA 91-A:3 II to discuss (a) Personnel, (c) Reputations and (d) Acquisition, Sale or Lease of Real or Personal Property.  Mrs. Pschirrer seconded the motion and, on a roll call vote with Mr. Aldrich, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

The regular Selectboard meeting resumed at 7:06 PM.

Mrs. Pschirrer moved that the Minutes of the Non-Public Selectboard Session #1 of January 5, 2017, be sealed.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

ACCOUNTS PAYABLE: 

Mrs. Pschirrer moved to accept the Accounts Payable check register in the amount of $55,206.82 for checks dated January 6, 2017.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

PAYROLL:

Mrs. Pschirrer moved to accept the Payroll voucher for the week ending December 31, 2016, in the amount of $24,644.60 for checks dated January 6, 2017.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

Mrs. Pschirrer moved to accept the electronic fund transfer for the 941 Employer Taxes for Withholding, MEDI and FICA taxes in the amount of $5,861.08 for the week ending December 31, 2016.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – December 29, 2016:  Mrs. Pschirrer moved to approve the Minutes of the regular Selectboard meeting of December 29, 2016, as submitted.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the Minutes were approved.

NON-PUBLIC SELECTBOARD SESSION – December 29, 2016: Mrs. Pschirrer moved to approve the Minutes of the Non-Public Selectboard Session of December 29, 2016, as submitted.  These Minutes will remain sealed.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the Minutes were approved.

 

COMMITTEE REPORTS:

The Selectboard received and reviewed Minutes of the following meeting:

  • North Walpole Village District Board of Commissioners Meeting – December 13, 2016.

 

VETERANS TAX CREDIT:

Map and Lot # 012-045-002:  Mrs. Pschirrer moved to grant the Veterans Tax Credit for Map and Lot # 012-045-002, as submitted.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

Map and Lot # 005-005-000:  Mrs. Pschirrer moved to grant the Veterans Tax Credit for Map and Lot # 005-005-000, as submitted.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

BLIND TAX EXEMPTION:

Map and Lot # 028-091-000:  Mrs. Pschirrer moved to grant the Blind Tax Exemption for Map and Lot # 028-091-000, as submitted.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

NOTICE OF INTENT TO CUT WOOD OR TIMBER:

Donald H. Wood, Jr. Trust, Alstead Center Road, Map and Lot # 015-018-000:  Mrs. Pschirrer moved to approve the Notice of Intent to Cut Wood or Timber for Donald H. Wood, Jr. Trust, Alstead Center Road, Map and Lot # 015-018-000.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

OLD BUSINESS:

Personnel Policy Handbook:  Mrs. Pschirrer will make the minor revisions as discussed.  She scheduled a meeting to take this back to the committee members who worked on the revisions from the beginning before bringing it back to the Selectboard for adoption. This meeting was scheduled for January 31, 2017.

Warrant Articles:  The Selectboard continue to work on the 2017 Warrant Articles.  Mr. Dalessio would like to have them done for next week.

Health Officer AppointmentMrs. Downing is waiting for Dr. Shaw to return her messages.

 

NEW BUSINESS:

2017 Budget Hearing Notice for Clarion:  The Selectboard approved the 2017 Budget Hearing Notice for the Clarion.

Town Report Timeline of ProductionMrs. Downing had been asked to do a Town Report Timeline of Production.  It was reviewed and approved by the Selectboard.  Mr. Dalessio is in the process of drafting the Annual Selectboard Report.

 

RECESS SELECTBOARD MEETING:

Mr. Aldrich moved to recess this Selectboard meeting.  The Selectboard will enter into a meeting as the Hooper Trustees.  Seconded by Mr. Dalessio. With Mr. Aldrich, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved at 7:24 PM.

The regular Selectboard meeting resumed at 7:29 PM.

 

EXECUTIVE NON-PUBLIC SELECTBOARD SESSION #2:

Mrs. Pschirrer moved to enter into an Executive Non-Public Selectboard Session #2 pursuant to RSA 91-A:3 II to discuss (a) Personnel.  Mr. Aldrich seconded the motion and, on a roll call vote with Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

Mrs. Pschirrer moved that the Minutes of the Executive Non-Public Selectboard Session #2 of January 5, 2017, be sealed.  Seconded by Mr. Aldrich.  With Mrs. Pschirrer, Mr. Aldrich and Mr. Dalessio in favor, the motion was approved.

 

ADJOURNMENT:

Mr. Aldrich moved to adjourn this meeting.  Seconded by Mrs. Pschirrer.  With Mr. Aldrich, Mrs. Pschirrer and Mr. Dalessio in favor, the meeting was adjourned at 7:59 PM.

 

Respectfully submitted,

Regina Borden, Recording Secretary

Benefit Fund

To community members and businesses in and around Walpole:

If you are interested in helping, donations to “the Sharlene Beaudry Benefit fund” still can be made at the Savings Bank of Walpole.

On January 8th at Alyson’s Orchard, so many, many individuals and local businesses in Walpole and surrounding communities contributed generously to the effort by donating time, food, auction items, and money to the benefit event held on Sharlene’s behalf.

To each and every of you who have come forward, thank you. You are in our hearts, and we are grateful to live in such a caring community.

From Your Library

In case you don’t yet Follow the Walpole Library, I wanted to help Justine bring this reminder to your attention. – Lil