Town or
PLANNING BOARD MEETING April
08, 2008 at 7:00pm Town Hall
MINUTES
Presiding:
Jeff Miller,
Members
Present: Bob Miller, V-Ch., Henry
Fletcher, Dave DeCoste, Sheldon Sawyer, BOS, Ben Daviss, Shane O’Keefe, alt.,
Jeff White, alt.
Members
Absent: Eric Merklein, Fred Dill,
alt. (in audience)
Recording: Pamela Aslinger, Sec./alt.
These minutes
are unapproved and will be reviewed at the May 13, 2008 meeting for errors,
omissions and corrections. There were 45
+/- persons in attendance. Due to a full
agenda, the meeting was scheduled for 7:00pm with all application reviews and
public hearings beginning not before 7:30pm as legally noticed.
I. Meeting opened at 7:10pm
A. Roll call - Ch. Miller appointed Shane O’Keefe as alternate for
Mr. Merklein and welcomed Selectman Sheldon Sawyer as 2008’s ex-officio member.
B. Minutes from 3/11/08 were unanimously approved as amended ie; Bob. Miller was
added as in attendance. Minutes from
3/24/08 were unanimously approved.
C. Master Plan Update - Copies of the
most recent goals and objectives were distributed. Mr. Daviss stated the new draft was a direct
result of the survey and the last work session, he said a public hearing needed
to be scheduled. It was discussed and
decided to create a final draft of the goals and objectives and vision
statement based on the Board’s input, send a copy to the SWRPC and then hold
one public hearing rather than one for each stage of the land use update. The work session was scheduled for April 22,
2008 at 7:00pm to discuss the vision statement.
D. Handouts - Newly revised Zoning
Ordinance pages and an amended version of the entire WSP Ordinance were
distributed.
Site Plan Wording draft - Sec. Aslinger presented a draft of Site Plan Review wording
related to building design standards for the Board to consider. The draft is
very basic simplified wording asking for location, type and design of all
buildings including an elevation view or photograph indicating their height,
width and surface treatment that would go under B. Plat Submission Items,
pg. 7. #27. In
addition under General Standards S. pg. 16 add Exterior
Building Façade Performance Standards to read “in order to maintain the
architectural character of
Fees - Sec. Aslinger handed out a revised application indicating an increase
in fees by $25.00 per application as previously discussed. She noted a new addition for Special
Exception Recommendation at $125.00. And
a new category for “other” approvals such as conditional use permits under the
WSPO and Telecommunications Ordinance, Design Review in the subdivision regs,
recommendation and revocations all at $125.00 because they each require a
public hearing and abutter notification.
The abutter notification fee is increased to $7.00 due to three postage
increases since the $5.00 fee was imposed. Mr. O’Keefe asked what the $7.00 fee
included, answer was envelope, notice, postage of 3.06
and labor. Sec. Aslinger stated the Board
collected $4575.00 in fees but spent $8000.00.
The Board is required by RSA to cover its expenses, not all expenses,
only administrative/application processing such as clerical salary, office
supplies,
postage and advertising. She said even though a larger increase is
warranted like most other small NH Towns land use boards undercharge for their
services. She said she was unable to provide
surrounding Town’s fees but will have them for the next meeting.
Selectman Sawyer thought the
increase in fees promotes persons to sell to large developers. Ch. Miller thought no increase was needed, it
was too expensive; in years past administrative costs were a lot less. Mr. Sawyer noted the BOS only charges $1.00
for a building permit. Mr. DeCoste asked
how the overage has been covered? Answer
was from taxation. Ch. Miller agreed
with the need to increase the postage notice fee, but for a minor subdivision
at $175.00 was excessive. Mr. O’Keefe thought it was more of a policy question
and questioned whether he as a taxpayer should be paying for someone else to
develop land? Ch. Miller thought perhaps
the administration costs were too high compared to other small towns. Mr. Dill
from the audience thought like schooling it should be a community involved
expense. Ch. Miller not wanting to speak
for the entire Board asked for other comments,
Mr. DeCoste said he would
like to see some comparisons and determine how to cover the expenses based on
the comparisons. Selectman Sawyer
cautioned on using the fees to inhibit growth such as what he sees on the goals
and objectives draft for the Master Plan.
Mr. DeCoste doubted a fee increase would stop growth. Mr. Sawyer clarified saying with all the
regulations it is stopping growth. Mr.
DeCoste pointed out most people are really concerned about how the community
develops; the only way to address concerns is through regulations. Mr. Sawyer said the cost he had when he
subdivided three lots makes him consider selling the rest to a big developer
who can afford the fees. Mr. DeCoste
questioned whether it was just the planning board fees he was concerned with,
what about the other costs involved. Mr.
Sawyer said because of requiring things like contours, it drives up the cost of
surveying, all a cost of subdividing because of the regulations and because the
Board delays decisions up to a year on a major subdivision. Ch. Miller disagreed the regulations were
driving up costs even in the past the costs have been relative due to the fact
the regulations have always been in place.
Mr. Dill said his recent experience proved costly because the Board
required additional information due to its interpretation of the regulations.
Sec.
Aslinger said she would gather and provide the information requested for the
next meeting for the surrounding Towns.
Mr. O’Keefe asked if other Town agencies were subsidized by fees? Sec. Aslinger said not many others, but knew
land use boards are required to cover their expenses, not to make money, but
should collect fees that are reasonable.
Ch. Miller gave Sec. Aslinger credit for the last increase from $25.00
per application, noting it was a benefit, but would like surrounding Town
comparisons and facts.
E. Permanent
time change - Ch.
Miller asked if the Board would consider the permanent time change to 7:00pm
instead of 7:30pm. Members were
agreeable, liking the trial at this meeting.
Selectman Sawyer moved to change
the monthly (second Tues. of every
month) meeting time from 7:30pm to
7:00pm permanently; seconded by Bob Miller.
Motion passed unanimously.
F. Election of Officers - Ch. Miller called for
nominations for Chairman. Bob Miller
nominated Jeff Miller for Chairman, Mr. DeCoste seconded. Mr. Sawyer moved to cease nominations and
requested the Secretary to cast one ballot for the nominee. Vote
was unanimous to elect Jeff Miller as Chairman for 2008.
Ch. Miller called for
nominations for V-Ch. Ben Daviss
nominated Bob Miller for Vice-Chairman, Jeff Miller seconded. Vote
was unanimous to elect Bob Miller as Vice-Chairman for 2008.
Ch. Miller discussed the
alternate positions. He said Jeff
White’s term is up but he wishes to remain on the Board. Mr. Sawyer moved to appoint Donn Lounsbury as
alternate. Ch. Miller said he had spoken
with Donn who has attended several meetings; he thought he would be a good
addition to the Board. Sec. Aslinger
noted Jeff White’s term would go to 2011 and Donn
Walpole Planning Board Minutes 4/8/08 page 3
Lounsbury’s until 2010, the Board agreed. Ch.
Miller called for a motion to appoint Mr. White and Mr. Lounsbury as
alternates, so moved and seconded, all were in favor motion carried.
7:25 pm Ch.
Miller called for a short break to allow the audience to seat.
7:30 pm Ch.
Miller continued the meeting.
II. Review Applications Submitted: Accept/Reject/Delay before Public Hearing.
A.
Benson Woodworking Co. Inc. aka Bensonwood Homes - Special Exception
Recommendation - Rte. 12 N. Map 12, Lot 4 of 24.41 ac., Rural Ag. and Comm.
Districts formerly Huntington Farm parcel.
Purpose is to comply with Zoning Ordinance Article VIII/ Rural Ag. C.
Special Exception 1.a.i. and ii.
Secretary Aslinger reported
the application was complete with fees collected, notices posted and abutters
notified as required and announced that Mr. Wotowiec submitted a traffic study
for the Board’s records. Ch. Miller called for a motion to accept
the application as complete, so moved and seconded, all were in favor, motion
carried.
III. Meeting was closed, Public Hearing
opened
Ch.
Miller asked Mr. Wotoweic to describe the proposal. He introduced himself as a timber framer and
company steward from Bensonwood and introduced Randall Walter, architect. Mr. Wotowiec stated they were before the
Board to expand their present Blackjack Crossing facility by building
additional shop production space on the remainder 24 acres of the Huntington
Farm parcel. He showed it on the
maps. They have a 3-5 year plan to phase
in construction of individual buildings totaling 70,000 sq. ft. to house
individual aspects of construction such as millwork, floors and roofs to
enhance their strategy of building as much finished and large sections of
buildings as possible in order to reduce the time to raise a building. He described the boundaries of the property
according to the provided map pointing out access points and features.
He asked Mr. Walter to add his comments.
Mr.
Walter said he wanted to discuss what has happened at Bensonwood since first
appearing before the Board 10 years ago and he said they would speak to the two
criteria ie; availability of industrial
land and how the proposal fits in with the Master Plan in order to gain a
favorable recommendation for a special exception.
He said the experience at
Blackjack Crossing has shown them many things, they thought the amount of land
would be enough, and could have been except for lack of infrastructure such as
how much land it took to accommodate needed resources like the three phase
power with the fuel storage and generator.
In addition the lack of city water caused the need for a pond and
another generator for the sprinkler system.
Finally the lack of city sewer caused a large leachfield and septic
system to cover the needed facilities for the offices and employees. He clarified just for information the offices
will remain at the Blackjack location as well as meeting rooms and high density
production, the new area will be only for the production side of the
business.
He said after learning from
the Blackjack site, they started looking around choosing the very suitable
Huntington Farm parcel because it has Town water/sewer and three phase power
allowing them less creativity in generating those resources on their own, to
rely on existing in place resources. He
said it is a place they can continue to grow to expand staying within the
Town. He said it is an opportunity to
reinvigorate the land having previously been a large and thriving commercial
enterprise known as Hubbard Farms that has had its ebb and flow. He said they would be purchasing the entire
30 acres adding the 5 acres presently occupied by Hubbard Farms, currently
separated to allow the businesses to operate on their own land. In 10 years time the lease with Hubbard will
end, Bensonwood will re-join two lots.
He deferred to Mr. Wotoweic.
Walpole Planning Board Minutes 4/08/08 page 4
Mr.
Wotoweic said they had looked at other industrial areas, spoke with the owner
of the industrial park but came to the conclusion it would be too difficult to
situate at the industrial park for all the reasons Mr. Walter spoke of -
lacking the resources and also needing to do something different this time. He said in terms of the industrial zone,
there are no other industrially zoned lands available in Walpole. He said they decided it would serve their
interests to go through the special
exception process if they can have a suitable place to expand with existing
resources dear to their industry. He
said they expect 40 -45 employees after the first 5 years, with 10 or 12 to
begin with as each module is built. He
said about 20 would be new hires. He
deferred to Mr. Walter to discuss the Master Plan criteria.
Mr.
Walter acknowledged from re-reading the Master Plan and past minutes there is
clearly dialogue and interest about how Walpole wants to develop the land that
straddles Rte. 12. He pointed to how
sensitive and how vital a part of Walpole the area is and that it is highly
visible. The relevance to this proposal
is that it takes the land and places it in the hands of a locally owned company
creating a small node of industrial use slightly off and being less visible
along the Rte. 12 corridor. It seems
depending on interpretation not to be that different from the way it has been
used in the past as an industrial farming operation and mixed commercial. He said the special exception process allows
for each new use to be scrutinized and considered. He said from their standpoint they feel it is
a good fit as they interpret the Master Plan.
Mr.
Wotoweic added in relation to the Master Plan, they are a locally owned company
they realize it is in the very crucial well source protection area, they feel
it is their water too, so they would like to do the right thing for the Town
and look to the Town, Planning and Zoning Boards to help them. They sincerely believe they can build and
continue to act in a very green and responsible way.
Mr.
Walter said they fully intend to bring their clients from around the world to
Walpole to tour the facility and intend for it to be a state of the art green facility,
much like some of the groundbreaking facility at Blackjack. It will be something they are proud of and
may be a model for other businesses. It
will be a key to their expansion and future beyond their basic timber
construction.
Mr.
Wotoweic ended their presentation stating as the process continues they will be
addressing many other topics and he offered to answer questions.
7:50pm Ch. Miller called for
questions from the public specifically addressing Mr. Red Smith an abutter in attendance. Hearing
no questions he closed the public hearing and re-opened the meeting. He called for Board discussion or a motion,
saying the Boards role is to give a recommendation to the Zoning Board for a
special exception based on the two criteria - availability of adequate
industrial land and fitting with the Master Plan.
Mr.
Sawyer said it has been pointed out there is no industrial land available,
therefore recommending a special exception be allowed is reasonable. He said the industrial land available is lacking
the resources.
Mr.
DeCoste said it seems arguable regarding the Master Plan that the new use is
not unlike the past use although it is not an agricultural industry.
Mr. Bob Miller moved to recommend to the
Zoning Board a special exception be granted for the Bensonwood proposal for an
industrial use in the rural agricultural zone.
Motion was seconded by Mr. Sawyer.
With no further discussion Ch. Miller called for a vote. Motion passed unanimously.
Ch. Miller recognized Mrs.
Barbara O’Conner from the audience. Mrs.
O’Conner said the Board acknowledges there is no suitable industrial land
available, she asked if the Board has considered developing additional
industrial land or creating an industrial moratorium? She said it seems one or
the other is needed otherwise each new proposal is taken piecemeal. She asked for
Walpole Planning Board Minutes 4/08/08 page 5
the Board’s comments. Ch. Miller said the process is permitted by
the ordinance the Town has laid out, so the Board is following what is required
for an industrial use. Mrs. O’Conner
argued that it is a function of the Planning Board to consider future
planning. Ch. Miller said in updating
the Master Plan the Board has begun addressing the lack of industrial land and
has considered the commercial land along Rte. 12 being suitable for industrial
nodules in the back portions since the land is already designated for
commercial uses.
Mr.
Daviss said in addition the Board has been waiting on the Conservation
Commissions conservation plan to be completed in order for the Board to begin
considering what land is more suited to industrial uses. He said they have a preliminary draft, once
adopted the Board may be more confident in making some zoning changes.
II. Review
applications submitted:
B. Mark
B. Silbey - Minor 2 lot subdivision located on County Rd. Map 5, Lot 35 in the Rural
Ag. district. Purpose is to create Lot 1
of 30.13 acres with existing house and Lot 2 of 13.64 ac. Lot sizes, setbacks
and frontages are met for the zone.
Mr. Joe DiBernardo of
DiBernardo Associates presented. He
showed the boundaries on the maps and described the proposal as above. He said they were requesting the 50 foot ROW
be reduced to 25 feet. He said the
present access is 25 feet wide and provided pictures showing it following along
a stonewall. There are no trees only
open fields. Ch. Miller asked Jan
LeClerc-Galloway, abutter, if she understood what they were proposing. She approached the maps and concurred. The NH DOT is involved because it is a State
road they recommended the shared driveway because the site distancing needs to
be 400 ft. Mr. Fish, DOT did a drive-by
and said they would not grant a second curb cut and they will need to also
apply for the shared access, which they have done.
Mr. O’Keefe asked where the
50 ft. requirement came from? Answer was in the zoning ordinance. Mr. DiBernardo added they don’t want to
infringe on the existing house so prefer the 25 ft. width. Sec. Aslinger read a provision in the
subdivision regulations addressing the 50 ft. ROW but others thought it was for
newly created roads. Mr. Sawyer asked if
only one house would be using the new driveway?
Answer was yes.
Ch. Miller called for
comments and questions. Ms. Galloway
asked about an existing well on the new lot?
Mr. Silbey said there is an unused well on the remainder of Lot 1, the
existing house shares a well with neighbors.
Sec. Aslinger read in the Zoning Ordinance Section IV O. - it states a
private easement cannot be less than 15 feet in width and have a satisfactory
access to public ways. No waiver is
required. Mr. Sawyer said most public
back roads are 20 feet wide.
III. 8:07pm Ch. Miller called for further questions,
being none closed the public hearing and re-opened the meeting.
IV. Action on application: Being no further discussion, Ch. Miller called for a motion to accept and approve the 2 lot
subdivision pending the driveway permit issued by NH DOT. The motion was moved and seconded, all were
in favor, motion carried.
The maps and mylar were signed, Mr.
DiBernardo agreed to record the mylar and report the recording information to
the Secretary.
V. Unfinished Business/Pending
Applications: Board Action
A.
Chamberlain Machine Inc. - Ch. Miller asked for Chamberlain to update the Board
on coordination of entrances/exits and water/sewer. Mr. Daviss said he had given Mr. Kinyon a set
of questions regarding the federal vs. state and town restrictions under the
Well Source Protection Ordinance, saying they had spoken earlier in the day
with Mr. Kinyon agreeing to answer the questions during the meeting. Ch. Miller called on Mr. Kinyon to update the
Board.
Walpole Planning Board Minutes 4/08/08 page 6
Mr. Kinyon said in the prior
meetings they were proposing a private sewer and well system but the Board
requested they hook into the Town services, they have been in contact with Mark
Houghton, engineer from SVE, Rob
Hitchcock has the details.
Mr.
Hitchcock provided revised plans saying there is an agreement in place to put
in a gravity sewer by both Chamberlain and Bensonwood that will be drilled
under Rte. 12 to a manhole, requiring no pump station it will be an all gravity
sewer.
Sec.
Aslinger read Mr. Houghton’s e-mail concurring with the agreement, requesting 2
paper copies of the plans to be given to him and thanking Mr. Hitchcock for his
good work.
Mr.
Hitchcock submitted preliminary plans noting they would remain in contact with
Mr. Houghton. He showed where the water
line traveled and expects that the Bensonwood project will also tie in. These same plans have been reviewed by Mr.
Houghton. Mr. Hitchcock submitted a DES
site specific permit. He said DES would
need to sign off on the sewer line discharge permit. He said as far as joint access there has not
been anything finalized
Mr.
Kinyon did not see what could be added to the main street access, there has
been dialogue between Bensonwood and Chamberlain in regard to the other
accesses but nothing finalized. He said
the access is what it is as indicated during the Site Plan, the roadway has
been shifted so it is farther away from the existing private Huntington
Lane.
He
asked if the Board had any questions on the Site Plan? Being none, he addressed the Conditional Use
Permit. He asked if the Board members
had received the response from DES regarding their opinion on the WSPO and
conditional use permit? Answer was
yes. He explained that since the prior
meeting the Board had requested DES provide some input regarding the WSPO and
that the Secretary had included Chamberlain on the request and response. He thought it would be relevant to speak to
the response letter from DES. He asked
Mr. Brackett to answer to the letter. He commented that in his opinion that a
fair reading of the letter indicates the interpretation they have asked the
Board to adopt in considering the conditional use permit for the WSPO has been
that the Board needs to take a fair and practical look at what the proposed use
and its circumstances as it applies the standards of the WSPO to this proposed
use. He thinks the letter from DES is
consistent with what they have proposed, one being that the boundaries of the
WSP district are conservative in nature, intended to be as broad as possible
and they can be modified and factors taken into account, that for a particular
project like theirs the boundaries might not be accurate. Secondly, the WSP area is not intended to be
an ordinance that prohibits uses in the area rather an ordinance that is to
reasonable restrict uses, the nature of those restrictions as shown in the
ordinance. He thought the letter was
very relevant giving the Board a level of comfort that the interpretation they
think the Board should be applying to their application for a conditional use
permit is consistent with the type of interpretation that would be appropriate
in this case. He turned over the
discussion to Mr. Steve Brackett, hydrologist.
Mr.
Brackett said he would review the testimony he presented previously. His first point was he understood that
machine shops have a visceral reaction, for valid reasons, the past records
bear it out. He said he does not have a
level of concern over Chamberlain’s proposal.
He has evaluated sites like this in the past. He said there are not environmental problems
with this type of project because the industry has substantially changed. He looked at the databases for NH and VT for
hazardous sites to see if he could find a contemporary site machine shop 5-6
years showing evidence of contamination, coupled with his experience of 7-8
sites per year, he found none existing.
He said although he understands the visceral response to a machine shop
proposal there is no basis in science any longer. This is the first layer of protection - the
nature of the business is different than it used to be.
His
second point and second layer of protection is due to the terrain and
elevation. Chamberlain machine sits on a
terrace about 30 feet above Malnati Farm.
The water table below is about the same as the brook, approximately 30
feet below ground elevation of Chamberlain Machine. There is a fairly significant interval of dry
sand from the surface to the water table.
If
Walpole Planning Board Minutes 4/08/08 page 7
somehow there was a release from the facility that
has no breaks in the walls or floors, getting out and onto the soil it has to
saturate an interval of sand 25 feet thick before it reaches the water
table. The volume of released material
would be over 1000 gallons to saturate a 10 ft. radius from the surface at a
30% saturation rate to the water table.
He said like an oil spill in a driveway the material disburses rather
than falling straight down making the saturation more difficult. He said it would be equivalent to twenty 55
gallon drums of process fluid that would be knocked over and ignored. It is unreasonable to think it would happen.
The
third layer of protection comes from the fact the site sits on the edge of the
WSP area and the ground water flow below the site is very likely to be to the
South. Without putting wells in it is
difficult to determine the flow. But
because the site is on a bluff and there is a fairly significant topographic
break between where Chamberlain is sited to the Malnati Farm to the South. The hill is unambiguous and the water is
going to follow the topography. In that
area there is a high degree of certainty the water flows south. The well is located approximately 1500 feet
to the Northwest, if somehow the water began flowing north it will need to
circle around and effectively flow back against the river, upriver. While not impossible, it is highly unlikely.
He said the DES letter was
helpful for them all and gave a framework for the Board to judge if it was
being reasonable in looking at the information he provided. And it helped him in framing what he was
trying to say to the Board. The site is
managed and as the letter states the DES tries to manage sites within the WSP
area as opposed to excluding uses. He
said it is managed by a very experienced staff at Chamberlain in the use,
handling, storage and disposal of all of their processing fluids on their
site. It is managed also by the limited
amounts of materials in self-contained apparatus. There is also passive management in the 30
ft. soil layer and some very reasonable chance that the groundwater flow is
moving away from the well. In summary
the letter was very helpful in showing how the WSP area can be used. He offered to answer any questions. He added that the geology is not very complex
in this area.
Ch. Miller asked if
Chamberlain could provide a list of the materials they use and how they are
managed, by State protocol? Production
Manager Chris Miller answered that they have eliminated all hazardous materials
and are exempt from VT’s oversight process but could provide a list of
materials.
Ch. Miller called for the
Board to consider taking action on the applications because the 65 day deadline
is up. He called for action on the
Conditional Use Permit and asked the Board to review the criteria/standards in
the WSP Ordinance.
Mr. Daviss asked if Mr.
Kinyon could speak to his questions. Mr.
Kinyon said his questions/theme was about the interplay between the Federal Law
for Hazardous wastes, RECRA and how to apply them to interpret the WSPO. He said the Chairman made a good point to
review the standards in the WSPO, that the most relevant standard is the first
one - the proposed use will not detrimentally effect the quality of the
groundwater in the aquifer by directly contributing to pollution or by
increasing the long term susceptibility of the aquifer to potential
pollutants. Nowhere in that standard
does it mention hazardous materials or wastes.
To try to answer Ben’s questions about the interplay he suggests it is a
very common legal principal when interpreting ordinances to interpret it as a
whole and in context. Look to the plain
and common sense meaning unless terms are specifically defined. “Pollutants” is not specifically defined
although toxic or hazardous materials are defined therefore makes reference to
the Federal RECRA to determine if hazardous or toxic materials are present as
defined. He thinks the Board needs to
apply the common sense approach to the application of the most relevant
standard the Board is dealing with by asking what kind of pollutants are being
dealt with as talked about by Mr. Brackett, is the proposal going to
detrimentally effect the quality of the groundwater by directly contributing to
pollution. He respectfully submits to
the Board that by the evidence given plus the added aspect of hooking up to
Town sewer suggests the conditional use permit is not going to detrimentally
effect the quality of the groundwater and is not going to increase the long
Walpole Planning Board Minutes 4/08/08 page 8
term susceptibility of the aquifer to pollutants
because it is a highly managed facility and hooked into Town water and sewer
and on a terrain that goes away from the well.
He said to look at the ordinance in its entire context about what it is
trying to regulate rather than getting tied up in the technical definitions of
RECRA. He offered to answer any further
questions Ben Daviss had.
Mr. Daviss said he was
trying to learn more about the application of the law and whether the Board was
obligated to abide by RECRA because the WSPO says “materials including those referred
to in RECRA”, that RECRA was part of it.
He said he thought Mr. Kinyon was answering only in regard to this
particular proposal and he understands his point of view. He thought perhaps it wasn’t the proper venue
to educate him on RECRA and thanked Mr. Kinyon for his response, which he added
he found acceptable.
Ch. Miller began by
reviewing each condition agreeing with Mr. Kinyon that standard #1 and #2 were
met. He said he was concerned with #3
regarding the seemingly over restrictive prohibition of all toxic or hazardous
materials. He said a common sense
approach was to go to the definition of hazardous or toxic materials finding
them prohibited when “improperly” stored, transported or managed. He felt when the materials are “properly”
managed common sense says they are not prohibited to certain degrees. He said Chamberlain does in fact have a
management system in place and is willing to place it on file and any
enforcement of the ordinance falls under the BOS. He read that the Conditional Use Permit may
be withdrawn by the BOS if not in accordance with the regulations of this
ordinance. So if they submit a
management program on site and submit it to the BOS, the Selectmen have the
authority to pull the permit if problems arise.
He added with the plan on file, if improperly managed the BOS oversight
is an added protection. He thought #4
and #5 were not applicable and that the findings provided are adequate and
reasonable for the Board to grant the conditional use permit with the condition
all management procedures for storage and movement of materials falling under
State and Federal regulations be filed with the Town and every time they are
updated.
Mr.
O’Keefe questioned whether filing was a necessary condition of the approval he
is concerned every time they forget to file they are in violation and subject
to loosing their permit.
Ch.
Miller disagreed and felt it was very important to have the reports filed and
kept up to date. Since they have to file
with the State they can simply copy the Town.
There are several instances in Town such as the salt shed reports that
are ongoing. He thought it was a good
partnership.
Sec.
Aslinger reported that a letter had been received outside the public hearing in
opposition to the proposal and conditional use permit from Baldwin, Callen and
Ransom, Attny. Steven Whitley. It will
be placed in the file. Mr. O’Keefe asked
whom he was representing. Sec. Aslinger
said the letter was faxed to the Town Office on Friday 4/4/08 on behalf of a
group of Walpole residents that included but were not limited to Barbara
O’Conner and Tucker Burr asking to address the WSPO. They propose prohibiting the Conditional Use
Permit for Chamberlain Machine.
Selectman Sawyer added it is the same law firm suing the Zoning Board
for the granting of the special exception to Chamberlain. The suit has recently been withdrawn with the
condition the Planning Board take into account the WSPO, the Planning Board may
also be subject to suit.
Mr.
O’Keefe asked if Chamberlain was required to file “Tier 3” with the State and
Town because of the amount of materials used and stored. Mr. Chris Miller said they are not required
because they are below the threshold amounts.
Mr. O”Keefe explained “Tier 3”
applies to the amount of materials stored and handled, the requirement
is to file with the Fire and other various Town departments and the State.
Ch. Miller called for Board action. Mr. DeCoste moved to grant the conditional
use permit under the WSPO with the condition Chamberlain file their materials
management storage and handling procedures with the Town. Ch. Miller called for further discussion.
Walpole Planning Board Minutes 4/08/08 page 9
Mr. Ben Daviss offered a
final comment regarding the use of the word “improperly” agreeing with the
Chairman that in context with the rest of the ordinance it is the only way it
makes sense. Further looking at toxic
materials that too strict an interpretation could cover almost anything, which
seems unreasonable. He added reading
under the appeal process - if a literal enforcement of a provision of this
ordinance harms an applicant they are to seek a variance. He said any type of industrial use that the
ordinance permits would be harmed by the literal application, parking a car
overnight would be a violation, he didn’t think the ordinance was meant to be
absurd on its face. He agrees with the
Chairman’s interpretation, it is the only way the ordinance makes sense
otherwise everyone would have to apply for a variance. He offered that the ordinance
may need tuning up, but with the information provided and the Chairman’s
interpretation he thought the Board could move forward.
Ch. Miller called for a second to the
motion, Mr. Sawyer seconded. Mr.
O’Keefe reiterated his dislike of having the condition placed on the granting
of the use permit concerned about the potential for violation if they were to
forget to file updated management procedures as being burdensome. He said if the applicant isn’t bothered by
providing it, then he wouldn’t be either.
Mr.
Dill speaking as an alternate in the audience thought it burdensome to the Town
offices to keep track of materials when they would be notified by the State if
they weren’t in compliance much like an insurance company notifies lien
holders.
Ch.
Miller disagreed still feeling it was necessary and wouldn’t be
burdensome. He called for further discussion, hearing none called the vote. All were in favor, motion carried. Mr. O’Keefe asked if a letter to
Chamberlain would follow, answer was yes, the Secretary follows all Board
actions with a written letter copied to the BOS.
Ch.
Miller called for discussion on the Site Plan Review application, recapping
pending information - septic, water and sewer hook up, and possibly sharing an
access with Bensonwood. He called for
Board discussion. Mr. Bob Miller asked
about the DOT’s recommendations for Huntington Lane? Mr. Hitchcock said DOT issued the driveway
permit and it is on file with the Town.
Mr. Bob Miller thought DOT had recommended a traffic light? Mr. Hitchcock said no, the level of service
before and after the project remains at level A, the best possible rating for
an intersection, it would not require a traffic light.
Sec.
Aslinger said the Board had received the Alteration of Terrain permit from the
State and it is on file.
Mr.
O’Keefe remembered a glare issue from the parking lot lighting and asked if it
had been addressed by reducing the height and number of poles and agreeing to
turn the lights off at 7:00pm? Mr.
Hitchcock answered they would turn the lights off at 7:00pm as discussed and
had re-submitted a lighting plan with lower and fewer lights at the previous
meeting. Mr. Sawyer asked how far the
site was from the highway? Answer was
4-500 ft. Mr. O’Keefe requested the
lights off time be included as a condition of the approval. Ch. Miller agreed and added a condition to
hook up to town sewer system. He said if
there is some instance in the future about 7:00 not working they could come
back to the Board for review. Mr. Bob Miller
recalled that any lighting left on after 7:00pm would be for building security
only.
Mr. Hitchcock said the
lighting plan and the sewer plans have been submitted and are part of the plan,
he didn’t think they needed to be part of a condition. He did suggest the Board condition their
State sewer discharge permit. Ch. Miller
agreed. Mr. Sawyer said they would be
meeting all permits regarding sprinkler systems for the Town water department.
Mr. Fletcher moved to approve the Site Plan
Review as presently amended including the new sewer and lighting plans, with
the condition lights are turned off at 7:00pm and they obtain a State sewer
discharge permit. Seconded by Mr.
O’Keefe. Being no further discussion Ch.
Miller called the vote, all were in favor, the motion carried unanimously.
Walpole Planning Board Minutes 4/08/08 page 10
8:20pm Ch.
Miller called for a short break to allow for audience members to exit.
8:30pm Ch.
Miller continued the meeting with unfinished business.
B.
Walpole D & D, LLC - Mr. Dill addressed the Board with an update on the
State subdivision approval. He said
Warren Stevens and the State soils engineer visited the site yesterday. They made an oral commitment to approve the
permit for the lot on the South side of the road. They have a question on the lot on the North
side of the road but will discuss it with Mr. Stevens and send a follow up
letter. The problem with the North lot is where they have located the septic
design of 4000 sq. ft. has standing water behind the stone wall. Only 400 feet is actually needed for the
system, it’s not a matter of disapproval, more how to re-design it. Mr. Dill hopes they will receive the letter
in a week therefore be able to meet the final two conditions on the approval,
he will be contacting Jim Terrell for his final inspection. Ch. Miller thought the road was very
muddy. Mr. Dill said one of the
neighbors has been stealing gravel with a bucket loader to fix his own
driveway. He asked if the gravel was his
since he paid for it or was it the Town’s.
Members thought he should contact the Road Agent, he thought he should
contact the Police department. Mr.
Sawyer said he should contact Mr. Terrell who could then contact the Policy
department for a resolution.
Sec.
Aslinger said Mr. Terrell was on vacation until the 22nd. She will leave them on the agenda until next
month hoping the last two conditions would be met. The plans can be signed at the meeting. Mr. Sawyer questioned whether he had to wait
until the meeting. Ch. Miller said to
keep the Board informed on his progress.
Mr. Dill said it was one year ago when he began presenting his plans to
the Board.
VI. New Business: Preliminary Conceptual Consultations
A.
Ch.
Miller asked Mr. Paul Grazewicz to speak about a proposed convenience store
located at 988 Main St. in North Walpole owned by Mr. Ramen Patel of Westboro,
MA. Mr. Grasewicz introduced himself as
an engineer from Graz Engineering in Fitzwilliam. He has been asked by Mr. Patel to present an
application for Site Plan Review for the project. He showed plans pointing out parking areas
and access, describing the building as a large green building formerly a Mr.
Gee’s storage warehouse. He said they
have met with the NWV Commissioner’s last month they had concerns with fire and
other issues. They have an interior plan
complete with walk in coolers. His
purpose is to review some issues and to have the Board direct them on how to
file a Site Plan application if needed.
He said the building footprint will remain the same, the parking will be
on both sides, there is a dedicated curb cut on the north side they will be
applying for an alteration on the south end because it is currently shared with
a residence. He said the building is
about 11,000 sq. ft. there are 2000 ft. for storage and a second story, all
used for a convenience store only with no gas pumps.
Ch.
Miller asked for their time frame. Mr.
Grazewicz asked how soon he could apply.
Sec. Aslinger said the Board requests applications be submitted at their
regular meeting, the public hearing and acceptance would be scheduled for the
following meeting. He asked if there
were any concerns that needed to be addressed.
Ch. Miller asked Village Commissioners Barbara O’Brien and Mr. Kinery
for comment. Mr. Kinery said they had
received complaints about the noise from neighbors going into 10:30pm. Ch. Miller asked if work was already being
done? Mr. Patel’s lawyer answered they
had met with Village building Commissioner Mr. McCormick who passed away last
December, he had given them the ok to begin the project and without a site plan
review, he being the authority. Ch.
Miller remembered a past similar instance and agreed the Board would work
together with them to go through the necessary reviews. Sec. Aslinger asked if they had a copy of the
Site Plan regulations, were they aware of what they needed to provide? Answer was yes. They will appear before the Board at the next
meeting to submit an application. Mr.
Bob Miller suggested they agree on a quitting time that is agreeable to the
Wal,pole Planning Board Minutes 4/08/08 page 11
neighbors and village commissioners. Ch. Miller noted they shouldn’t be working at
all, they are in violation of the Site Plan Review, having not obtained
approval. Mrs. O’Conner agreed until
they receive their approval no work should be allowed. Ch. Miller said they were given the wrong
information but are showing they intend to be good neighbors so work could
continue until 7 -7:30pm, technically they should not be doing anything. Sec. Aslinger questioned whether the interior
work is an actual requirement of the site plan however once they have site plan
approval, technically the work can begin at that point. Mr. Sawyer said the fire department needs to
be included in their process. Sec.
Aslinger said she would send a copy of the agenda to each of them via
e-mail. Ch. Miller concluded saying the
meeting would be held on May 13 at 7:00pm, they can submit their application
the Board will schedule the public hearing for the June 10th meeting.
B. Ken Kozara and C. Cramer have been
cancelled for tonight’s meeting.
D. Joe DiBernardo presented the Board with an
application for a 2 lot subdivision located on Old Drewsville Rd. Map 10, Lot
29-1 in the Rural Ag. district owned by Jane Skofield. The plan results in Lot 1 of 27.9 ac. and Lot
2 of 91.1 ac. without existing buildings on either lot. Both lots meet the frontage, lot size and
setbacks for the zone and are approximately where the pavement ends. Ch.
Miller called for a motion to schedule the application and public hearing for
the May meeting. It was so moved and
seconded, motion carried unanimously.
E. Mr. Fraser representing Whitcomb Construction was
asked to come forward regarding a proposed gravel excavation on Old Drewsville
Rd. and application for a Special Exception Recommendation. Mr. Fraser presented the Board with 4 sets of
plans and an application and fees and gave a brief description.
Mr. Daviss stated he would
be recusing himself once the application was formally accepted by the board
because he lives in the area. Ch. Miller
acknowledged.
Mr. Fraser described the
scope being one in which Mr. Whitcomb proposes to remove sand and gravel on a
parcel he owns on Old Drewsville Rd. It
is 229 ac. of which 3.6 ac. will be involved in the excavation. Ch. Miller asked if it was the same parcel
with the berm and construction storage previously granted a special exception
and site plan. Answer was yes. He asked if the stored items were going to be
cleaned up? Mr. Fraser said the property
has been cleaned up in 2007. He said the
area where the current storage area is, will not be included in the excavation
area, he will maintain the storage area as is.
It houses concrete culverts, barriers and iron. The idea is to excavate sand and gravel above
grade and then create a small pond with the depth of 13 feet. He said best management practices on this
type of site is very important, the State has issued a site specific permit for
the excavation, it is an opportunity for the operators and the regulators to
determine whether the project is managed properly, he assumes it will be. The construction sequence shows a host of
best management practices set in place for the site. He showed on the final grading plan, the
material excavated, winrowed, allowed to dry out, loaded onto trucks, and
trucked off site, they’ll be no crushing on site, materials will be moved via
the existing infrastructure onto Old Drewville Road along about 900 feet to Rte
123.
Ch. Miller asked how long
the project would go on. Mr. Fraser said
Mr. Whitcomb expected the project to have a life of 10 years, approximately
58,000 yards of materials are available with 10,000 removed annually. V-Ch. Bob Miller asked how many trucks would
it involve? Mr. Fraser asked the Board
to look at the application packet where it is calculated at about 773 - 10 wheel trucks per year. On a linear comparison it will be 7-8 trucks
per day, but some days there may be none, or on other projects it could be up
to 20 or 30 per day. Mr. DeCoste asked
for clarification, is this a gravel excavation?
He thought it was digging a small pond.
Ch. Miller said it is an allowed use in the rural ag. district, the
Zoning Board has charge over reviewing and issuing permits for gravel
operations in the Town, and they do an excellent job. Mr. O’Keefe said after it is complete then it
will just leave a pond? Mr. Fletcher
said the pond across the road is the result of a similar project, although on a
larger scale. Mr. Lounsbury asked if the
grade would be 3 feet below the road?
Mr. Fraser said the depth of the pond is
Walpole Planning Board Minutes 4/08/08 page 12
approximately 13 feet. They will maintain the berm around the pond
to hide the activity, the slopes are 3 to 1, will go to 2 to 1. The
construction sequence shows where Best Management Practices will be required
noting that typically for a project of this scope, BMP’s will include hay
bales, silt fence and vegetative swales, once the project is complete
reclamation will take place using one of three seed mixes on the disturbed
area. He said the site is only required
to be permitted under 155-E but the Board may have concerns over the
groundwater and surface areas.
Ch. Miller called for a motion to place the application on the agenda
for the May 13th meeting and to hold the public hearing for a special exception
recommendation to the Zoning Board. It
was so moved and seconded, motion carried unanimously.
F. Other - Selectman Sawyer suggested
the Board consider holding two meetings per month to address applications
especially during the busy season to avoid delays and costs for
applicants. Ch. Miller said he would
entertain the idea if it was
needed.
Mr.
Dill thought the N. Walpole project was being delayed unnecessarily because
they were given the ok to begin but now must wait another two months. Mr.
Sawyer agreed likening it to the BOS meeting only once per month to issue
building permits. Mr. Jeff White
disagreed saying it was out of order to build a house first and seek the
permits after the fact. Members felt it
was incorrect of Mr. McCormick to supercede site plan review but it is also up
to an applicant to make certain they are following the procedures. It was mentioned that having some permits
required in North Walpole and Walpole can be confusing and Mr. McCormick had in
the past advised incorrectly trying to save applicants time and money when in
fact as this situation proves, costs time and money by having to delay or go
back to the beginning. Mr. Dill thought
the NWV commisssioner’s should attend the Board’s meetings. Sec. Aslinger said they do get the agenda’s
and were in attendance at tonight’s meeting, she said they are working as a
team now and had placed a cease and desist order on the interior work, however
the Planning Board gave them the ok to continue during the application
process. Ch. Miller said a similar situation occurred at
the Aubuchon Hardware building.
VIII. Meeting adjourned at 9:45pm
cc: PB, ZBA,
BOS, Hwy, FD, WCC, Mark Houghton, Town Offices
Posted: Town
Hall, Lobby, Burdick’s Market, www.walpoleplanningboard.org,
www.thewalpolean.com