PLANNING BOARD
Regular Meeting Tuesday August 12,
2008. 7:00pm Town Hall
MINUTES
Presiding: Jeff Miller,
Members Present: Bob Miller, V-Ch., Sheldon Sawyer, Sel., Eric
Merklien, Ben Daviss, Dave DeCoste, Donn Lounsbury, alt., Shane O’Keefe, alt.
Members
Absent: H. Fletcher, J. White, F. Dill
(resigned) Recording: Pamela Aslinger,
Sec.
These minutes
are unapproved and will be reviewed at the September 9, 2008 meeting for
errors,
omissions and corrections. There were 14 +/- persons in the audience.
I. Meeting opened at
7:05pm
A.
Roll Call - Ch. Miller designated P. Aslinger for H. Fletcher
B.
Minutes - Sec. Aslinger reported a correction to the regular minutes
changing the name G. Allen Holmes who recently passed away. He had served on the various boards over the
years. A motion was made and seconded to
approve the 7/8/08 minutes as amended and to approve the work session 7/22/08
minutes as presented. All were in favor,
motion carried.
II. New Business -
Application Submissions
A.
Bensonwood - Ch. Miller announced they would be delaying submission of the site plan
review application until the September or later meeting.
B.
Whitcomb Construction Site Plan Review - Mr. Dick Fraser of One
Source Permitting was present to submit the application for a gravel excavation
on
Ben
Daviss asked the Board if they had any objections to him remaining on the board
during the review process, he no longer feels he has a conflict especially
since the zoning board granted the special exception. There were no objections by the board to Mr.
Daviss remaining as a voting member on the review of this application.
Mr.
Fraser asked if the Board would go over the checklist at this meeting and deem
the application complete at the next meeting and hold the public hearing? The board
agreed and consulted the provided checklist, noting a request for a waiver for
B. 5. Boundary lines metes and
bounds. Members were not opposed to the
request. All other information as shown
seemed in order. The application fee was
discussed pertaining to the $50./ 2500 sq. ft. of new
space. The board agreed it was directed
towards building space and did not apply to this application - therefore the application
fee will be $100.00. Ch. Miller called
for other questions or concerns. Mr.
Lounsbury asked if the site would be fenced? It was noted extending the berm rather than
fencing is proposed.
A motion to place the application on the
agenda for the September 9, 2008 meeting for acceptance and to schedule the
public hearing for the same night was made by Mr. Sawyer and seconded by Mr.
Daviss. With no further discussion Ch.
Miller called for the vote. All were in
favor, the motion carried.
Sec. Aslinger reminded that the application
materials are available for review in the office. V. Ch. Miller took a set because Ch. Miller
will be absent at the September meeting.
III. New Business -
Preliminary Conceptual Consultations
A.
Aumand’s Furniture - North Walpole Site Plan Review to reconstruct the
furniture store lost in a fire in July.
Mr. Ray Aumand was present and submitted a copy of a letter from Mark
Farkus the N. Walpole zoning administrator denying Aumand’s permit to rebuild
pending site plan approval from the
Members
and members of the audience reviewed the preliminary plans noting the footprint
as shown is from an aerial photograph.
Ch. Miller asked if the
Attorney Robert Kasper was present
representing Maura Shaughnessey the niece of Mary Shaughnessy who abuts the
parcel to the west. (Mary
Shaughnessey’s house was heavily damaged in the fire, the setback was agreed to
in the 1950’s of less than 5 feet.) Attny. Kasper said
his understanding of the ordinance is that it only discusses the issue of “use”
being preserved, not the actual building.
He advised that their retail use would be preserved but the ordinance
and regulations do not say they get the exact building back, only the
non-conforming use. He stated that their
proposal is for “new construction”.
Ch. Miller suggested the
Board seek a legal opinion from Atty. Hockensmith adding he personally thought
the setbacks should be followed including the street setback of 20 feet.
Mr. Aumaund disagreed that
the old building footprint could not be used for the replacement building and
he said he received a legal opinion stating he could. Ch. Miller asked if there was a prior
addition to the building that encroached on the side setback between the
Shaughnessesy property. Mr. Aumand said there were eight additions
over time with the garage addition affecting the Shaughnessey property
constructed in the 1950’s with no disagreement.
Ch. Miller reiterated the
need for the board to seek a legal opinion on the matter of where the building
can be built and its adherence to the current N. Walpole zoning
requirements. Mr. Aumand asked if the
opinion would be requested soon and if he could be notified - board agreed.
Maura Shaughnessey asked to
speak on behalf of her aunt who has lived in her home for 87 years. On July 10th, 2008 her aunt awoke to an explosion
from a fire at the furniture store. Her alert neighbors came to her aid preventing
her from physical injury and driving her to safety in the middle of the night. The house being only a few feet away caught
fire and is so heavily damaged it cannot be occupied. She said that while her Aunt Mary is
physically unharmed she is struggling over the loss of her home and treasures. She asked that the board consider the seriousness
of her aunt’s situation, to use their authority to make important decisions
regarding the rebuilding of the store. The primary concern of Mary’s family is for
her safety and welfare. Maura on their behalf asked the Board to insist on the
full setback requirements for the new construction. It is their desire to address the setback
issue cooperatively, but they will persist to see it is upheld for the wellbeing
and safety of their Aunt Mary who would like to spend her remaining years in
her home.
Attorney Kasper added that
his interpretation of the ordinance states the non-conforming use is preserved
if they rebuild within one year and if they don’t expand or change the
non-conforming retail furniture sales store “use”. His opinion is that the non-conforming use is
different from the structure. The
structure has undergone complete destruction and the board has the authority to
go forward with a site plan review for the new construction and apply the
current zoning setbacks.
Mr. Aumand reminded that his
family too has suffered loss of family treasures. Ch. Miller added that the tragedy was by no
one’s fault and recapped the need for the board to seek a
Walpole Planning Board Minutes 8/12/08 page 3
legal opinion in a timely manner to address the
setback issue. He said once the set back
issue is clarified Mr. Aumand can present the board with a plan based on the
clarification and move forward with the site plan review process.
Ms. Shaughnessey said that the
four generations living in the house had no idea they were living next to a
time-bomb, a building without sprinkler’s or a fire alarm linked to the fire
department. Ch. Miller asked to have
further discussion withheld until the next meeting.
Mr. Aumand left a copy of
the plans with the secretary and Attny. Kasper asked to be informed of the
legal response. The Board authorized
Secretary Aslinger to draft a letter to Attny. Hockensmith for his opinion.
III. New Business -
Preliminary Conceptual Consultations cont’d
B.
1. DiBernardo Associates - Mr. A. DiBernardo
presented a question to the board regarding a possible lot line adjustment on
the property of Dorothy Galloway/Blake
Farm located on Cochran Rd. Mr. Paul
Galloway was also present. The board
determined a lot line adjustment was warranted in order to annex a portion of
lot 1onto lot 2 to include steep terrain.
DiBernardo Associates will prepare the survey and present the
application at the September meeting.
B.
2. Joe DiBernardo submitted
an application for a minor 2 lot subdivision located on Valley Rd. Map 11, Lot
20 in the Rural Agricultural zone owned by Mr.
Raymond E. Surrell. A motion was made and seconded to place the application
on the September agenda for acceptance and to schedule the public hearing for
the same night. All were in favor,
motion carried. Joe will submit
corrected maps to show the proper 65 ft. setback on Class VI Woodshed Rd. He’ll submit the corrected maps prior to the
posting deadline of 8./29/08. State subdivision
approval is pending and has been applied for.
B.
3. Joe noted his presentation
for Claude Webster was not available for this meeting.
IV. Unfinished Business
A. Patel/State Line Grocery - Sec.
Aslinger reported she had an inquiry from Mr. Gary McCormick an abutter to the
site informing her that he was not notified of the boards meeting or public
hearing. Upon checking she found he was
correct, the abutter list and original maps did not list him. The notice was mailed to the prior owner -
however the engineer had changed the revised maps presented at the hearing to
reflect Mr. McCormick as an abutter, she thought the applicant should have
pointed out the change. She said even
though she checks the abutter lists, if the town records are not up to date she
and applicants have no way of knowing about changes. She spoke with Mr. Farkus the N. Walpole
zoning commissioner regarding Mr. McCormick’s participation at the zoning
hearings and he felt Mr. McCormick was made aware of the planning board’s
proceedings even though he never received his notice. She also said by posting and publishing the
notice it was further attempt to see all interested persons are properly notified. She said Mr. McCormick was unhappy about not
receiving the notice, however Mr. Farkus mentioned that Mr. McCormick and State
Line Grocery were negotiating a property agreement so thought Mr. McCormick
hadn’t missed any opportunity to have his issues addressed and isn’t aggrieved. The board felt it was an honest mistake and
the other channels of notification adequate.
Ms.
Aslinger said she complained to Mr. Farkus about all of the flapping signage on
the site as being a major distraction and detraction to the neighborhood. Mr. Farkus said he had spoken to them about
the extra signs beyond what is allowed in the ordinance and had given them
permission for the extras for their grand opening only. Members agreed the signs are a distraction,
excessive and possibly ineffective.
Walpole Planning Board Minutes 8/12/08 page 4
B. Dockham letter - Sec. Aslinger read the letter
aloud that describes a boundary line agreement between property owners
therefore not warranting a lot line adjustment or further board action. The board concurred and the letter will be
sent. Mr. Sawyer asked to have future
correspondence mailed to him rather than e-mailed to Mrs. Moore, that e-mails
are taking up too much time. Sec. Aslinger
said she would print copies and leave them in his box at the office.
V. Master Plan Update
A.
Ch.
Miller apologized for missing the scheduled meeting with the Selectboard to
discuss payment of the SWRPC dues. The
meeting has been rescheduled for 8/21/08.
Ch. Miller said he referred to the budget for 2007, saw where $4000. was
requested but $3000. was recommended and voted on by the Town, the
recommendation was made at a budget working session. He added that the recent constraints on
monies by the BOS due to high fuel costs, welfare etc. were not a concern or part
of the discussion when it was decided to pay partially.
B. Ben
Daviss made a motion seconded by Bob Miller to schedule a public hearing at the
September 9, 2008 meeting for the adoption of the Town-wide Conservation Plan
into the Master Plan with the new language as presented. 6 were in favor with 1 not in favor, motion
carried. Mr. Schupack said Mr.
Palmiotto would be present at the hearing for a presentation.
C. Mr. Daviss suggested accepting the final
versions of the vision statement and goals and objectives and present them to
SWRPC for comment. It was so moved and seconded.
All were in favor, motion carried.
A suggestion was made to pay SWRPC out of the funds set aside in the
board’s present budget. Mr. Daviss will
check with them to see if they are willing to do the review prior to finalizing
the 2008 dues situation. Sec. Aslinger
asked if the special exceptions language was added to the final draft of the
vision statement that was previously e-mailed to members. Mr. Daviss asked the secretary to read the
statement adding he would like to see it incorporated if the board agreed. Selectman Sawyer and Ch. Mansouri were
concerned about regulating through the master plan. Members said the Master Plan is not a
regulatory document it reiterates what is present in the zoning ordinance. The special exception planning board review criteria
already requires the board to
consider whether a project is consistent with the Master Plan. While it’s not a regulatory document it
cannot be disregarded and should contain guidelines. Having a Master Plan is required by law so it
is a legal document for the planning board to refer to. Mr.
Merklien moved to include the special exception verbage into the vision
statement with “should” rather than “shall”, seconded by Ms. Aslinger. 6 were in favor, 1 opposed, motion carried.
Other - Ch.
Miller asked
if the 30% open space requirement in the Site Plan Review regs would adversely
affect a potential application such as Aumand’s new construction. Sec. Aslinger said an applicant would file a
checklist with their application along with requests for waivers. She said the reason the 30% open space was
put into the site plan review regs was to allow the board to be flexible about
granting a waiver for the requirement if warranted. Aumand’s may be a circumstance that would
warrant a waiver of the 30% requirement.
D. The
work session for August was cancelled.
VI. Communications and
Miscellaneous
A.
Budget was not discussed.
B. Sec. handed out a notice for the Fall Planning
and Zoning Conference 10/25/08.
VII. A motion to adjourn the meeting
was made and seconded, all were in favor the meeting closed at 8:10pm (next regular
meeting September 9, 2008 at 7:00pm)
Posted: Town
Hall, Lobby, Burdick’s Market, www.walpoleplanningboard.org,
www.thewalpolean.com
Cc: All PB
members, ZBA, BOS, Town Clerk, NWVC, interested parties