Zoning Board Meeting Minutes – 11/16/16

ZONING BOARD 11/25/2016 1 Comment

Walpole Zoning Board of Adjustment

Town Hall

November 16, 2016

7:30 pm

 

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

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

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

 

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

 

Old Business:

Public Hearing 1

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

 

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

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

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

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

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

 

New Business:

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

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

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

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

The sign ordinance stipulates that:

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

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

 

Old Business:

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

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

 

Other:

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

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

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

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

 

Graves Gravel Pit:

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

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

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

 

Here is her letter:

“To All Boards Addressed:                                                                       3.

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

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

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

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

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

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

The Nov. 4, 2014 letter from DES concludes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sincerely,

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Respectfully submitted,

Marilou Blaine

 

Special Sunday Service – 11/27/16

EVENTS 11/25/2016 Leave a comment

Sharing Bread – a Multigenerational Service

Join us at the Walpole Unitarian Church Sunday at 10 a.m. for a special Thanksgiving Weekend service of sharing bread and pondering the sacred in the food we prepare to nourish ourselves and others.

Led by Worship Committee Chair Antonia Andreoli and trustee Dorothy Read, the service will include readings that reflect this season of sharing food, with a special twist. If you like, please bring along a loaf of bread. We’ll be invited to choose someone else’s bread to bring home (or share right there!), and leave a donation for it in our “Manna Jar,” the jar we use to collect pocket change and donations for our local food pantries.

You don’t have to bake and bring a loaf to participate, of course. There will also be jars of a sourdough starter that has been going for years (made originally from grapes from the vines at Mountain View Winery and another friend’s batch of sourdough, added to by yet another’s) and instructions will be included.

So, come share the bread and your thoughts. We are a Welcoming Congregation committed to love and social justice.

Movie Night – 11/18/16

Uncategorized 11/17/2016 Leave a comment

Here is something you can do on Friday, the 18th. – Lil

 

IMBER’S LEFT HAND

The movie documents an artist’s courageous and sometimes darkly humorous response to a fatal illness. The film traces his life, his career, and his adaptations, switching from painting from his right hand to his left, and then to both hands held at his waist as the degenerative condition progresses.
Movie trailer here: https://www.facebook.com/events/373872952948196/
Adversity only makes him more determined to paint, and paint he does: more than 100 portraits in a four-month span! We first encounter Imber in his studio for the first time painting with his left hand while he and his partner, painter Jill Hoy, analyze Jon’s self-portrait and talk about the anxiety to come. The painting becomes an unsettling metaphor of his psychological journey through his art.
Rev. Kitsy Winthrop will lead the discussion following the showing, and we’ll all share popcorn and refreshments!
All are welcome! No charge, just spread the word and invite your friends!

Whoops! Saturday 11/19/16

EVENTS 11/17/2016 Leave a comment

The shopping day is Saturday the 19th, NOT the 18th.  Thanks you Beth Colley for bringing that to my attention. When retired, one overlooks details like dates! – Lil

Pie Sale – 11/23/16

EVENTS 11/17/2016 Leave a comment

Dale Woodward sent me this valuable information this morning.  Just crossed a couple of items off my To Do list!  – Lil

 

The First Congregational Church, famous for our pies, will be holding their annual Thanksgiving pie sale Wednesday, November 23rd at the Walpole Post Office, 9:00 to 11:00.
Let us bake for you!

Shopping Opportunities on Saturday, 11/18/16

EVENTS 11/17/2016 Comments: 2

The Next Market
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November 16thhen_180_wide_purp

Greetings to all. I hope you are planning to come to Walpole on Saturday, so many great shopping opportunities are happening in our community. Both the Congregational and Episcopal Churches are offering holiday fairs, the Orchard School Craft Fair is happening in the Walpole Town Hall. The Walpole Historical Society’s Gift Store will be open, and there will be a Walpole Farmers Market on the Walpole Common.

Come shop with us for your holiday meals, that perfect hand crafted gift, holiday greenery, or treat yourself to handmade soaps or other great skin care products. There are 18 vendors scheduled for this market: produce from New Dawn Farm, Mirasol Farm, and Hawksmeadow Farm. Local lamb and beef from Brookfield Farm and Winterview Farm. Cheese from Sawyers Cheese, handmade cheese boards form reclaimed roofing slate, the Walpole Winery, McGill’s Maple, Orchard Hill Breadworks just to name a few.

The Congregational Church will offer soup and sandwiches for lunch, and the weather is supposed to be lovely. So come and spend your day in Walpole, from 9-2.

Happy Thanksgiving ….

Clarion December Deadline – 11/21/16

Uncategorized 11/16/2016 Leave a comment

Yes, hard to believe, the December issue of THE WALPOLE CLARION will go to the printer before you carve your Thanksgiving Turkey. To accomplish that, the closing date for the December issue is just days away from today – Monday, 21 November.

So, please do not delay, and get your articles to me as soon as possible, as our pages are already filling up.

Interested in advertising your products or services? Or interested in advertising to show the community your support of the CLARION? If so, please contact me right away, and we will make space for your ad or notice. Call me at 603 756-4545 or email rayboas@comcast.net

Thank you, yours, RAY

Holiday Shopping Can Benefit the Library

Uncategorized 11/16/2016 Leave a comment

If you shop online at Amazon.com, here’s how you can support the library:

AmazonSmile is a simple and automatic way for you to support the Friends of the Walpole Town Library every time you shop at Amazon, and at no cost to you!  When you shop at smile.amazon.com, you’ll find the same shopping experience as you do on Amazon.com, with the added bonus that Amazon will donate 0.5% of the value of your purchase to the Walpole Library.

Whether you currently have an Amazon.com account or not, just go to:

https://smile.amazon.com/ch/45-3910850 to select the Friends of the Walpole Town Library.  Then every time you want to shop on Amazon, you just go to smile.amazon.com (instead of Amazon.com), and your purchases will support the library.  Many purchases by many people over time add up to a big benefit for our library.  Please spread the word to friends and family.

Happy Holidays, and thank you for supporting the Friends of the Walpole Town Library!

 

Please note:  Thank you to everyone who contributed in any way to our recent book sale!  It was a great success, raising $6,600 for our library!  More details to follow in the January Clarion.

Selectboard Meeting Minutes – 11/3/16

SELECTBOARD 11/15/2016 Leave a comment

TOWN OF WALPOLE

MEETING OF THE SELECTBOARD

NOVEMBER 3, 2016

 

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

 

CALL TO ORDER:  Mr. Dalessio called this Selectboard meeting to order at 6:30 PM in the Walpole Town Hall.  He advised that this meeting is being recorded and asked anyone wishing to speak to identify themselves for the record.  There were four people in attendance.

RECESS SELECTBOARD MEETING:

Mr. Dalessio moved to recess this Selectboard meeting.  The Selectboard will enter into a meeting as the Hooper Trustees.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

The regular Selectboard meeting resumed at 7:06 PM.

 

ACCOUNTS PAYABLE:

Mrs. Pschirrer moved to accept the Accounts Payable check register in the amount of $46,457.92 for checks dated November 4, 2016.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

PAYROLL:

Mrs. Pschirrer moved to accept the Payroll voucher for the week ending October 29, 2016, in the amount of $22,431.85 for checks dated November 4, 2016.  Seconded by Mr. Aldrich.  With all 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 $5,004.77 for the week ending October 29, 2016.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – October 27, 2016:  Mrs. Pschirrer moved to accept the Minutes of the Selectboard meeting of October 27, 2016, with the following amendment on page 4:  Delete: “There was discussion to approve the handyman having the authority to charge items up to $100 at LaValley’s Building Supply” to “The Selectboard decided it was not appropriate to have non-Town employees charge items.  The Selectboard prefer they purchase items and then be reimbursed by the Town.”  Seconded by Mr. Aldrich.  With all in favor, minutes were approved.

 

VETERANS’ TAX CREDITS:

Mrs. Pschirrer moved to approve and sign the following documents for Veterans’ Tax Credits:

PA-29s:

  • Map and Lot # 028-119-000;
  • Map and Lot # 020-037-000.

Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

 

ABATEMENTS and REFUNDS – Property:

McMAHON REVOCABLE TRUST OF 2012, 58 Adams Lane, Map & Lot #003-001-000:  Mrs. Pschirrer moved to approve the Refund for Property Taxes in the amount of $988.61 for McMahon Revocable Trust of 2012.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

 

OLD BUSINESS:

Whipple Hill Road:  Mrs. Downing had a conversation with Mr. Gary Patch, Cold River Materials, who advised that he did speak to a group using the gravel pit for target practice and there was another group on the Galloway land.  Mr. Dalessio gave this information to the Police Department and Jan Galloway LeClerc.  Mr. Patch will call Mrs. Barbara Spivey to let her know about his visit to the pit.  He will be attending the November 17th Selectboard meeting.  Mr. Dalessio does not feel there is an appropriate place to put a gate that does not interfere with the traffic or public right-of-way.  There is a locked gate across the gravel pit and signs are posted.

Wage Review:  Mr. Dalessio feels they should be seeing the Wage Review shortly.

 

NEW BUSINESS:

MS-434R Approval:  Mr. Dalessio advised that the Selectboard got some paperwork from Mr. Kreissle.  There was discussion pertaining to whether or not to take money from the Unassigned Fund Balance to reduce the property taxes.   They have taken it down to $750,000 in the past.  Mr. Dalessio suggested taking it down to $986,556 or about 7%.; that leaves close to $1,000,000 as a buffer for emergencies.

Mr. Aldrich moved to use 7% of the Unassigned Fund Balance to reduce the tax rate for 2017.  Seconded by Mrs. Pschirrer.  With all in favor, the motion was approved.

Preliminary Tax Rate Analysis:  Mr. Dalessio will pass the above information onto Mr. Kreissle to prepare the paperwork for the Selectboard’s signatures.  The Selectboard will come in and sign the paperwork before next Thursday.  After that Mr. Kreissle will send it to the Department of Revenue Administration and they will set the official tax rate.

Revaluation Memo:  Mrs. Downing reported that Mrs. Smith is working on this.  Avitar Associates wants us to put a note in with the tax bills to start preparing property owners for the revaluation process.

Water and Sewer Liens:  Mr. Dalessio wants to talk to Mrs. Edkins about the water and sewer liens before they move forward.  He asked that she write a note to let them know where she is regarding this process.

Current Use Workshop:  Mrs. Downing reported that there will be a Current Use Workshop on November 29th from 9:00 am to 12:00-or-1:00 PM here in the Town Hall.  She has sent notices inviting other boards to attend.  Mrs. Pschirrer plans to attend.

Town Hall Rentals:  Mr. Dalessio pointed out that if they are going to continue renting the Town Hall they need to keep it simple.  The main door to the Town Hall is not simple to lock.  People think they locked the door but they have not.  He suggested a dead-bolt lock.  If they want people to use the chairs and put them back they need better racks.  The racks we have now are not safe; they need to be simple.  This also applies to the tables; the racks need to be replaced so they are safe.  Mrs. Pschirrer recommended that they have someone on-call who will come in to sweep the floors between events.  They will need to charge accordingly.  Everyone and/or groups that use the Town Hall have to fill out a form.  There is a need to know who is in the building.  In case of an emergency they need to know how many people are here; who is the contact person.  Events need to be put in the reservation book even if it is a group that meets there regularly.  If more than one event is scheduled in on the same day consideration needs to be given to set-up and clean-up time so they do not interfere with each other.  Mr. Dalessio mentioned that the Selectboard needs to establish a cut-off time for events.  He would like to see some proposals on the lock and racks in the next two weeks.

 

NON-PUBLIC SELECTBOARD SESSION:

Mr. Aldrich moved to enter into a Non-Public Selectboard Session pursuant to RSA 91-A:3 II to discuss (d) Acquisition, Sale or Lease of Real or Personal Property.  Mrs. Pschirrer seconded the motion and, on a roll call vote with all in favor, the motion was approved at 7:42 PM.

The regular Selectboard meeting resumed at 7:55 PM.

Mrs. Pschirrer moved that the Minutes of the Non-Public Selectboard Session of November 3, 2016, be sealed.  Seconded by Mr. Aldrich.  With all in favor, the motion was approved.

 

OTHER BUSINESS:

2017 Budget:  Mr. Dalessio mentioned that they need to start thinking about Warrants.  They want the Elderly Tax Credit on a Warrant.  All the building roofs and other repairs will be put together in a Warrant similar to 2016 that worked out well.  In a week or two they will discuss Warrants.

Planning Board:  Next Tuesday, November 8th is the first Public Hearing on the Detached Accessory Dwelling Units (DADU).

Preliminary Budget:  Mr. Kreissle has published the preliminary budget for review.

Highway Department:  Mrs. Pschirrer reported that Mr. Rau just did some sidewalks in North Walpole.  They will start paving at Christian Hollow.  He is working with Mr. Mark Houghton.  Mrs. Pschirrer felt the State did not do a good job on County Road.  The project on March Hill has been approved therefore will come off the red-list.  Ken Silva and Ken Thompson of the Highway Department came in fourth at the Regional Plowing Rally in Massachusetts.

Traffic Study – Southwest Regional Planning Commission:  Ms. Cheryl Mayberry got an email from Mr. J.B. Mack about the traffic study.  They do not find anything about the section of Route 12 near Shaw’s Store that Mr. Ben Daviss mentioned; there is not enough data.  He sent her some maps to look at showing Whitcomb Road, March Hill and two other roads where there were accidents and fatalities.  He suggested they reach out to Police Chief Paquette to see what he has for data.  She forwarded the approved minutes from the Complete Streets to SW Regional Planning.  Mr. Dalessio is pleased to be working with the Southwest Regional Planning Commission and Ms. Mayberry.  Mr. Dalessio acknowledged that the Walpole Planning Board has taken a role in one of them.

Sexual Harassment Seminar:  Tomorrow is the mandatory Sexual Harassment Awareness Seminar for all employees in the Town Hall at 1:00 PM.

 

ADJOURNMENT:

Mr. Aldrich moved to adjourn this meeting.  Seconded by Mrs. Pschirrer.  With all in favor, the meeting was adjourned at 8:06 PM.

 

Respectfully submitted,

Regina Borden, Recording Secretary

Planning Board Meeting Minutes – 11/8/16

PLANNING BOARD 11/12/2016 Leave a comment

Walpole Planning Board

Town Hall

Tuesday, November 8, 2016

7:00 pm

                                                                  

 

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

Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the December 13, 2016 meeting for corrections, additions and/or omissions.

Meeting Opened: Mr. J. Miller called the meeting to order at 7:02 pm.

Roll Call: One board members was absent so Mr. Potter was asked to fill his space.

 

Minutes: Approve October and workshop minutes: Mr. Marcom made a motion to approve the regular meeting minutes for October and the October workshop minutes as written. Mr. Aldrich seconded the motion and it was approved by the Board.

 

            Public Hearing 1

Lewis Jeffrey property. Lot Line Adjustment. Old Keene Road and Hooper Road. Map 8, Lots 8-8-1 and 8-8. Residential A Zoning District. One lot will now be 8-8-1, 1.67       acres with 489.63 feet of frontage on Old Keene Road and lot 8-8 will be 6.74 acres        with 264.39 feet of frontage on Hooper Road.

Mr. Joe DiBernardo represented Mr. Jeffrey. He explained that there was a problem with the deed for one lot in that it didn’t include an existing structure on the property. So he was proposing to adjust the boundaries so it includes the d house. The hatched area on the map is where the description of the deed describes the house but the house is actually located quite a bit south of this point.

Mr. DiBernardo proposed to make the lot larger and also conform to current zoning regulations so Mr. Jeffrey can sell the lots. The Lot Line Adjustment creates two conforming lots and also corrects an incorrect deed. Mr. DiBernardo said the property also requires a variance for a setback and that he was going to the Zoning Board of Adjustment next week. He was seeking conditional approval for the Lot Line Adjustment.

Ms. Lucy Weber, an abutter, asked if the outside boundary would stay the same and Mr. DiBernardo replied it would. The Lots will be 8-8-1 and 8-8.

Mr. J. Miller said the intent is to make this a conforming lot.

An abutter who said he came here having no background on the matter, wanted to know what was being asked of him. Mr. J. Miller was told that this was standard procedure. Neighbors were notified by certified mail that something was happening at an abutting piece of property. If the abutter had any questions  he could come to the meeting and ask questions. He had not further questions.

The Public Hearing was closed. Mr. J. Miller asked if there was motion to approve the Lot Line Adjustment as presented. Mr. Aldrich so moved. The motion was seconded by Mr. Marcom and approved by the Board with the condition that the Zoning Board of Adjustment approves the variance.

 

            Request for a Public Hearing for a subdivision in December for Woodstone Co., 1162 Main St., North Walpole, Industrial District. Owners are J. Barton Elliott Jr. and H. Jay            Eshelman 3rd. One lot into two lots. Map 27, Lot 8-2. Lot 1 would be 3.11 acres with 267.66 feet road frontage. Lot 2 would be 3.89 acres with 216.06 feet road frontage.

Mr. DiBernardo said currently there is a 50 foot right-of-way between the two lots used for access. There is another 50 foot right-of-way north of Lot 2, reserved for Roland and Sheldon Scott. A 20 foot right-of-way exists for the use by Katherine Gay. Both lots meet all the setback requirements,

Mr. Aldrich made a motion to approve Mr. DiBernardo’s request to have a Public Hearing in December. It was seconded and approved by the entire board.

 

Public Hearing No. 2.

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         and the townspeople will vote to accept or not accept the petition.

Selectboard Representative Steve Dalessio explained that this petition was something that the Planning Board had been working on for a couple of months. This is a hearing, Mr. Dalssio said, and it was now time, he hoped, “to hear” and get “feedback” from the public.

He read each word of Draft 7 of the petition and the audience commented and asked questions. The section of the petition that received the most reaction from the audience was:

“The minimum lot size shall be 5 acres.”

Ms. Marcia Galloway said 5 acres is “overdone.” When Mr. Dalessio asked if she would suggest a number, Ms. Galloway said an acre, a minimum building lot in Walpole.

Ms. Peggy Pschirrer supported Ms. Galloway’s comment on 5 acres. She said she lived in the Village and did not have five acres, yet she did have a garage that could be turned into a very nice detached accessory building. She realizes that she would have to go to the ZBA for a special exception.

Mr. Rich Francis asked if there was a possibility that the size of the lot should be 5 acres in the agricultural zone. Mr. Dalessio said it is possible to have two separate lot sizes for different areas. Mr. Francis said he would actually prefer 10 acres for rural/ag. Mr. J. Miller said 10 acres would exclude a lot of areas in town.

Mr. Dalessio said the idea of the accessory building is to support the primary residence.

Another comment was that there is a density issue for the town in the Village. If all of sudden it’s one acre, it becomes more viable for everybody. Density should be considered.

Mr. J. Miller said that the audience also should remember that it is detached, not attached. Already in town you can have a single-family home turn into a two-or-three family apartment. It’s a separate building.

Ms. Pschirrer said she also thought Walpole’s zoning law for Attached Dwelling Units should look like the new law that goes into effect in June 2017 – that’s RSA 274 72.  Anywhere there is a single-family you may attach another dwelling and it does not have to be limited to family. It can be rented, she said. There has to be a connecting door between the two. The owner of the property must live in one of the dwellings.

Mr. Dalessio said our current zoning doesn’t reflect the state law and something must be added to the current zoning that makes it clear that Attached Dwelling Units must comply with the new RSA.

However, if the town remains silent, it is still the law, Mr. J. Miller said.

Mr. David Howell asked if this had to be accepted at Town Meeting. Mr. J. Miller said, “Yes, in March.” Mr. Howell added, “So there a political component.”

Ms. Lynne Cook said the picture in rural-agricultural district is so different that in the Village. Mr. Dalessio agreed and said maybe something can be worked out about that.

Ms. Jan Galloway-Leclerc said you’re telling the people in rural-ag that it can’t be one acre when in another district it may be one acre. Mr. Dalessio said, “you’re right, It doesn’t look fair.”The Board will look at this.

1-B. The maximum area of the dwelling would be 900 square feet. Mr. Dalessio said if you have a 1200 square foot barn, you would have to go to the ZBA for a special exception.

1-C. No more than three bedrooms. Mr. Dalessio said the idea was that we wanted to discourage subdivision.

1-D. The DADU must be no more than 150 feet from the primary dwelling.

Mr. Tom Crouse asked, what if someone had a barn 300 feet away. Mr. Dalessio said you would have to go to the zoning board. Why 150? Mr. Crouse asked. Mr. Dalessio replied, “You have to start somewhere, pick a number.”

Mr. Marcom added that it would be unusual in New Hampshire to find a barn more than 150 feet away from the main house.

No. 3, Mr. Dalessio said, we are trying to keep things up to code and not just slap something up in a barn or garage.

No. 4. That rule came from a number of towns. The intent is you don’t have to have separate utilities in each place except for the electrical panel.

No. 5 Ample parking for both units so cars would be parked in the streets.

No 6. Don’t want radically different architectural style and the dwelling must be pleasing to the eye. This is to keep continuity.

No. 7 The owner should occupy either the principal dwelling or the detached accessory dwelling unit. An owner-occupied dwelling is usually better taken care of. No. 7 is important so we don’t get a lot of out-of-state landlords, Mr. Dalessio said.

Mr.Crouse asked if the language could reflect that it may be a person’s legal residence but the that resident has gone away for six months or a year.

Mr. Dalessio said it should be worded such that a temporary lapse of owner-occupied is alright. It would take care of those snow-birds. That might be suitable. We have to go back and look at this and modify that sentence somewhat to include the snow-bird issue.

It was decided that this month’s workshop will include finalizing the language of the petition as well as the scheduled appearance by Mari Brunner of Southwest Region Planning Commission to discuss Complete Streets. The workshop meeting will be held on Tuesday, November 22, 201 6 at 7 pm in the basement conference room.

Another Public Hearing will be held on the petition on December 12, 2016 at the Town Hall at 7 pm.

James Aldrich made a motion to adjourn. The motion was second and passed by the board.

Respectfully submitted,

Marilou Blaine

cc: WPB, Town Offices, The Walpolean

Posted: Inside Town Offices, on the bulletin board outside Walpole Grocery, http://www.walpolenh.us

 

Draft 7 of the Petition will be posted alongside these minutes at the bulletin board outside Walpole Grocery and copies may be found at the selectmen’s office inside the Town Hall.