PLANNING BOARD

Walpole, NH 03608

MINUTES: Regular Meeting Tuesday, December 8, 2009 at 7:00pm - Town Hall

Presiding: Jeff Miller, Ch.

Members Present: Bob Miller, V-Ch., Eric Merklein, Ben Daviss, Dave DeCoste, Henry Fletcher, Sheldon Sawyer, BOS, Jeff White, alt., Donn Lounsbury, alt.

Recording: Pamela Aslinger, Sec./alt.

These minutes are unapproved and will be reviewed at the January 12, 2010 meeting for errors, corrections and omissions. There were 17 persons in the audience.

I. Meeting opened at 7:05pm

A. Roll call, all regular members were present, no alternates designated.

B. Minutes - were passed over until the end of the meeting.

II. Review applications submitted - accept/reject/delay Procedural note: once an application is accepted as complete the meeting is closed and the public hearing is held. Once the hearing is closed the meeting is re-opened and the board may take action on the application by approving, disapproving or delaying final action.

A. 504 Main St. LLC, owner & Primax Properties, LLC/Brickstone Masons, eng. - Site Plan Review located on Rte. 12 NE Map 12, Lot 13-2 in the commercial zone. Proposal is to construct a 19,000 sq. ft. retail space for Tractor Supply Co. with access via a 50 ft. right of way across Lot 13 owned by 504 Main St., LLC. Town water and sewer will be extended to the lot. All state and local permits have been applied for. Two waivers requested: a reduction in landscaped parking islands and changes to landscaping material location.

Ch. Miller asked for a secretary’s report as to the completeness of the application and noted that a motion to accept the application as complete would also accept the two waiver requests. Sec. Aslinger reported the application complete with fees, materials and abutter notification in place. Ch. Miller called for a motion to accept the application as complete, so moved and seconded. Without further discussion he called for a vote, the vote was unanimous, motion carried.

Ch. Miller closed the meeting (7:08) and opened the public hearing. Mr. Dave Bergeron of Brickstone Masons introduced himself and Mr. Frank Alexander of Primax Properties. Mr. Bergeron gave the presentation referring to the maps giving the location and review of the previous subdivision and the shared driveway. The curb cut application has been submitted to Dept. of Transportation, he submitted an e-mail from the Dept. stating Kevin Belanger will be issuing a permit based on the driveway plan as shown. (on file). He pointed out the parking lot and a large concrete pad to house items too large to fit in the building such as fences and gates, the landscaped parking islands, how the driveway curves around to the loading area and docks at the rear. He reviewed the grading and drainage plan that slopes off the highway, retention strips, infiltration swales and the parking lot in the front will be porous concrete to allow for infiltration directly into the ground. The rear of the building will have a roof drain system into pipes to a retention pond. They have submitted an application to the State for an Alteration of Terrain permit and they have received a draft letter of comment from the agency and are awaiting a comment from the CT River By-ways commission, once received they will be able to finalize the permit. The suggestions so far have been minor and all aspects will meet the regulations. He referred to erosion control plan, test pits, infiltration rates and silt fences that will contain all construction work within the site. Utilities plan show a propane tank and the underground electrical to a transformer both in the rear. Water and sewer will be brought in from the street as shown, the water will need to be extended from Walgreen’s on the west side and crossing under the highway to the site. They decided to bring the water down in order to meet the requirements of Tractor Supply to have adequate fire protection. He showed handicap

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parking, sidewalks and landscaping locations. They addressed an area of concern by an abutter on the north corner for added screening by adding another 20 arborvitae trees. He discussed the lighting with light poles being within the perimeter and along the outside of the building; all are full cutoff downward light fixtures without spillage onto adjacent properties. He asked the board to consider which of the four color configurations on the building elevations they would prefer. All were lighter color on the top with a clapboard siding and a darker color on the 4ft. concrete lower portion of the building. The colors ranged from white to a warm sand or grey. Mr. Alexander noted that selection #1 white with grey was the preferred color more in line with their logo colors. Mr. Bergeron concluded his presentation and Ch. Miller called for questions from the audience.

Mr. Steve Dalessio asked about the sign if it was lighted and the height of the roadside sign? Answer was yes the building sign is lighted internally and the roadside sign will meet what the regulations require. Mr. DeCoste asked about the size of the outside display area? Answer was 15,000 sq. feet inside the fence and it’s a concrete slab for a total area is 39,000 sq. ft. of store area. Mr. Jeff White asked about the sign location? Answer was the sign would be where the barn exists and lit the same hours as the store is open with an hour ahead and after closing. Mr. White asked if it was interior lit? Answer was yes an interior cabinet lit although Mr. Alexander stated Tractor Supply handles their own signage with the respective town board. They typically ask for the largest sign allowable within the town requirements and pole mounted. Mr. Merklein asked about the type of fence and whether shrubs would surround it? Mr. Alexander answered that it would be a standard chain link fence without further landscaping around it other than what’s shown on the plan. He noted the area is over 300 ft. from the road. Mr. Merklein asked when the board could give input on the signage? Sec. Aslinger noted that Tractor Supply will appear before the zoning board on signage if members wanted to give input it would be during zoning board deliberations. Mr. Jeff White and Mr. Merklein suggested it not be interior lit but resemble the Pinnacle View “Kubota” lighting. Mr. Dalessio asked about dumpsters, Mr. Bergeron showed the location on the map to the rear of the building. Mr. Merklein asked how long the interior lighting would be left on and if they back off on some of it? Mr. Alexander said they are very energy conscientious with computer-programmed lighting but he wasn’t absolutely certain of the exact details. He did say he thought it was around 50% of the day lighting. Mr. Lounsbury asked about oil spillage during repairs? Answer was that they do not repair or sell tractors despite their name. Mr. Merklein asked about the specific exterior treatment. Mr. Alexander said what’s proposed is a more rural look, with the lower section being 4 ft. of masonry to protect the building and the upper is Murox panelized system covered with a lap sided clapboarding in the front and a vertical wood siding along the sides and rear of the building. He’s not certain if it’s going to be Hardy Plank or another product, they are still pricing it out.

Sec. Aslinger asked if they had a list of permits that are still pending? Answer was just the two mentioned above, DOT and Alteration of Terrrain. She asked where they stood with the water department, had they spoken to the fire department and conservation commission? Answer was they had spoken with the water department, Mark Houghton, they have agreed to the location and type of equipment required as the new set of plans reflects. They have spoken to the Fire Department Chief who looked at the building plans and will make suggestions as to needs when they are further into the construction phase. They did not contact the conservation commission. Mr. Sawyer noted the fire department is considered during the building permitting process. Mr. Daviss asked Mrs. Mary Lou Montgomery of the conservation commission who was present if the commission had any comments. Mrs. Montgomery stated they chose not to take up the proposal but they have been contacted by the Connecticut River By Way Commission in regard to the proposal that is tied in with the State alteration of terrain permit. Hearing no further comments Ch. Miller closed the public hearing. (7:30pm)

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Ch. Miller called for board comments and action. He reminded that the pending permits from DOT and Alteration of Terrain should be included as a condition of final board action. He also requested that the board include selection #1 of the color scheme in any final action taken. Mr. Sawyer moved to approve the site plan review as presented with color choice #1 and pending receipt of the NH Dept. of Transportation permit and NH Alteration of Terrain permit. Mr. B. Miller seconded. Ch. Miller called for discussion.

Mr. Merklein asked the board to consider requiring a performance guarantee as suggested by SW Regional Planning Commission, NH State RSA’s and site plan regulations. Ch. Miller asked him if he wanted to amend the motion on the floor. Mr. Merklein moved to amend the motion to require the applicant to provide a performance guarantee. Ch. Miller asked in what form to cover what costs? Mr. Merklein said in an amount to cover the costs of utilities, streets and sidewalks as referenced in the regulations and RSA’s. Mr. Daviss seconded the motion however he asked for the board to determine the exact language of the request.

Ch. Miller said it was not in the board’s ability to set the language at this time and referred to the Town of Walpole Site Plan Review regulations under Section XI “Performance Guarantee” which states “...the planning board may require the posting of a security in an amount sufficient to defray the costs of construction of streets and public utilities.” He concluded that no streets are proposed and the public utilities (water) are being extended at the applicant’s cost to benefit their own fire protection needs so he does not feel it is applicable on this application to require a performance guarantee. Mr. Merklein disagreed. Ch. Miller restated the ammendmentto the motion, called for further discussion, hearing none called for the vote. Two were in favor, 5 opposed, motion failed.

Ch. Miller restated the original motion (as above) called for further discussion and hearing none called for the vote. 6 were in favor, 1 opposed, motion passed. Ch. Miller asked the applicant’s to submit copies of the permits once received to the Secretary in order to meet the condition of the approval, they agreed. Mr. Bergeron submitted 3 sets of final revised plans for the board’s records. Selectman Sawyer noted the building permit would not be issued until all permits are in place.

Ch. Miller turned the meeting over to V-Ch. Miller and stepped out temporarily, he returned within 5 minutes.

B. Huntington Realty of Walpole, LLC (Lot 4-3) and Karlson Realty of Walpole, LLC (Lot 4-2) with Bensonwood Homes as agent - Lot Line Adjustment located on Rte. 12 NW Map 12, Lots 4-3 and 4-2 in the commercial and rural ag. zones. The proposal removes 1.19 acres with an existing barn from Lot 4-2 adding it to Lot 4-3 resulting in Lot 4-2 of 4.48 acres and Lot 4-3 of 25.60 acres. Secretary Aslinger reported the application was complete as submitted. A motion to accept the application as complete was made and seconded, all were in favor, motion carried.

(7:40) V-Ch. Miller opened the public hearing and Mr. Peter Wotowiec presented the plan referring to the maps, showing the locations and giving an overview as described above. He said Hubbard Farms is discontinuing the use of the chicken barn so Bensonwood decided to incorporate it into their pending production facility. Ms. Aslinger asked the board if and when Bensonwood decides to use the additional building, would it need a site plan review at that time? After discussion the answer was yes once it begins to be used. This lot line adjustment is not affected by the future site plan review. Mr. Wotowiec said it was understood by Bensonwood Homes if they make any changes to their previously approved site plan they would need to return to the board, so incorporating a new production area would cause them to return to the board with a re-design. Mr. Bob Miller asked if the building was useable or would it be leveled? Mr. Wotowiec said it would be retained and re-used. V-Ch. Bob Miller agreed it would undergo a change in use triggering a site plan review, he asked about going before the zoning board. Jeff

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Miller thought whenever they begin their project they would come back before the board and the board could then determine how to proceed, but for now it does not affect the lot line adjustment.

(7:45) V-Ch. Bob Miller closed the public hearing and called for board discussion and/or action. Mr. Sawyer made a motion to approve the lot line adjustment as presented, seconded by Mr. DeCoste, with no further discussion the vote was called. All were in favor, motion carried. The maps and mylar were signed, Mr. Wotowiec will record the mylar at the registry and report the recording data to Sec. Aslinger as proof.

Ch. Jeff Miller resumed as chairman.

C. Bruce and Betsy Cramer and Wm. and Anna Smith - Lot Line Adjustment located on Prospect Hill Rd. Map 8, Lots 106 & 107 in the rural ag. zone. Proposal removes 3.24 acres from Lot 106 adding it to Lot 107 resulting in Lot 106 of 5.00 acres and lot 107 of 10.24 acres and includes the Smith’s deeded driveway. No new lots created. Sec. Aslinger reported that the application was complete with the receipt of additional abutter notice fees of $15.00. Ch. Jeff Miller called for a motion to accept the application as complete, it was so moved and seconded, vote called, all were in favor, motion carried.

(7:55) Ch. Miller closed the meeting and opened the public hearing. Joe DiBernardo from DiBernardo Associates representing the Smith’s who were present, introduced Myra Mansouri as representing the Cramer’s. He described the proposal as above pointing out the Smith’s 20ft. wide driveway easement now becoming a 30ft. wide strip and the only road frontage on their grandfathered lot. He stated that the resulting lots meet the current zoning and setbacks. Ch. Miller called for questions or comments, hearing none closed the hearing. (7:57)

Ch. Miller called for board comments and/or action. Mr. Ben Daviss moved to approve the lot line adjustment as presented. It was seconded, with no further discussion the vote was called, all were in favor, motion carried. The maps and mylar were signed, Mr. Dibernardo agreed to record the mylar at the registry and report the recording data to Sec. Aslinger as proof.

D. Edward & Timothy Cutter & Wendy Maynard and Jason & Marcie Dunbar - Lot Line Adjustment located on Jct. of County and Prospect Hill Roads Map 17, Lot 22 and 16 in the residential A zone. The proposal removes 2.5 acres from Lot 22 adding it to Lot 16 resulting in Lot 22 of 13.2 acres and Lot 16 of 7.5 acres. No new lots created. Sec. Aslinger reported the application is complete as submitted. Ch. Miller called for a motion to accept the application as complete, it was so moved and seconded, without further discussion, vote was called, all were in favor, motion carried.

(8:05) Ch. Miller closed the meeting and opened the public hearing. Mrs. Cindy Westover of Galloway Realty described the proposal as above. Mr. Dunbar was also present. She stated the Dunbar’s are purchasing 2.5 acres from the Cutter family, it includes the brook and a dirt road and it is wooded. Mr. Sawyer asked if the Cutter property is in “current use”, answer was yes. Ch. Miller called for further questions, hearing none closed the public hearing (8:08) and re-opened the meeting. Mr. Fletcher asked if the dirt road is still a town road, Mr. Sawyer said he would have to research it.

Ch. Miller called for board comments and/or action, hearing none he called for a motion to approve the lot line adjustment as presented. It was so moved and seconded, vote was called all were in favor, motion carried. The maps and mylar were signed with Mrs. Westover agreeing to record the mylar at the registry and report the recording data to Sec. Aslinger as proof.

VI. New Business - Voluntary Merger

A. Walpole Youth Baseball Foundation request a merger of Map 12 Lots 57-2 and 57-3 (formerly Hubbard hatchery) for taxation purposes according to RSA 679:39a. Sec. Aslinger made the presentation on behalf of Mr. Dale Hubbard, she discovered the need for the merger when processing their site plan review. The 11/10/08 Hubbard Farms approved subdivision has

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been recorded at the registry therefore it is legal to merge the two lots as requested by the Walpole Youth Baseball Foundation. She received a complete application and $25.00 fee. A public hearing is not required and abutters are not notified. Ch. Miller called for a motion to accept the merger request, it was so moved and seconded. Without further discussion the vote called, all were in favor, the motion carried. The form was signed and will be mailed to Mr. Hubbard for recording at the registry along with a final letter of instructions.

V. New Business - Preliminary Discussion and Application Submissions

A. Mr. Ron Kingsbury submitted an application for 2 lot subdivision and lot line adjustment located on Kingsbury Rd. Map 8 Lot 120 and 113. Purpose is to subdivide Lot 120 into Lot 1 of 30.91 acres with the existing house into two lots. Lot 2 includes the mountain and is a back lot of 12.82 acres. The road frontage for Lot 2 is created via the lot line adjustment between Lot 113 and 120 adding a strip of land to access Lot 2 with 200 ft. of frontage. Sec. Aslinger met with the surveyor, Mr. Bill Lawrence who will submit the final maps by the deadline for the next meeting. The application and fees have been received. Ch. Miller called for a motion to place the application on the January 12, 2009 agenda. It was so moved and seconded. Without further discussion the vote was called, all were in favor, the motion carried.

B. Appledore Engineering e-mailed the board canceling their project until further notice.

VI. Planning Discussion

A. Master Plan - Sec. Aslinger reported she had responded to the questions posed by Lisa Murphy from SW Reg. Planning Comm., she expects the Board will have a draft shortly on the Land Use Section. Ch. Miller will follow up on billing for 2009 to insure the funds are allocated and not lost to the general fund.

B. There will be no work session for the month of December. Members who attended the prior work session thought it was very constructive. Mr. Sawyer expressed concerns from reading the minutes about limiting agricultural uses such as feedlots and Myra Mansouri expressed her concern over zoning mixed uses preferring the special exception/variance approach on individual applications. Mr. Daviss, Mr. Dalessio and Ch. Miller all spoke in defense of the work sessions that have promoted identifying the existing zoning with future planning for industrial and commercial uses rather than creating more restrictive zoning and regulations.

C. Mr. Merklein reported that he, Mr. DeCoste and Mr. Lounsbury attended a meeting with SWRPC’s Lisa Murphy to discuss adding design review standards to the regulations and ordinance. The meeting was informative and will result in some viable suggestions ready for the March planning board meeting. Mr. Lounsbury asked about noise and nuisance provisions; members sited places in the ordinance and regulations that are applicable.

VII. Communications and Miscellaneous

A. Letters: 1) Sec. Aslinger said the board received a copy of a letter sent by the NHDES Air Resources Division in regard to the removal of the Hubbard Hatchery building, asbestos removal and where the debris will go, either in Waynesboro, OH or Bell Vernon, PA and transported by Service Transport Group in New Castle, DE, a Burlington, VT company will do the tear down. The asbestos will be removed by the “wet method”. Ch. Miller added that the configuration of the building interior was highly specific to the hatching process with very low ceilings and small bay compartments making it difficult to remarket it for another use.

2) The Board received a copy of a letter written by the BOS to NH DOT Commissioners in regard to Vilas Bridge requesting it be moved up on the repair schedule. Selectman Sawyer suggested and offered to write a letter on behalf of the Planning Board supporting immediate repair of the bridge. A motion to have Mr. Sawyer draft a letter on behalf of the Planning Board in support of repairing the Vilas Bridge immediately was made and seconded, all were in favor, motion carried. He will send it to the Secretary.

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3) Ms. Aslinger read a note from Road Agent Jim Terrell re: a driveway location not yet before the board on Kingsbury Rd.

4) Ms. Aslinger asked the board to reconsider it’s appointment of Mr. Dalessio as an alternate for the balance of the year. Upon looking over the RSA’s and the boards Internal Rules of Procedure the board usually appoints alternates at it’s second meeting after the March town meeting and for a term of 3 years. After discussion about filling vacancies and terms the board determined Mr. Dalessio’s appointment needed to be revised. A motion was made by Mr. Daviss to nominate Mr. Dalessio as alternate to fill one of two open vacancies for a term ending in 2012. The motion was seconded by Mr. Sawyer and without further discussion the vote was called, all were in favor, motion carried. Sec. Aslinger will process the appointment and have the paperwork for swearing in prepared.

Out of order: I. B. Minutes - Sec. Aslinger read a correction to the minutes requested by Mr. Merklein stating: “That we(the board) requested Appledore to look at Walpole and it’s character before coming to us with a bad looking square box to house the dry goods store.” replacing “The board commented on architectural features once the site plan moves forward.” A motion to approve the correction was made and seconded, all were in favor the motion carried. A motion was made approving the minutes as corrected for 11/10/09 and 11/24/09 was made and seconded, all were in favor, motion carried.

VIII. Meeting was adjourned at 8:45pm - The next regular meeting is to be held on January 12, 2009 in the Town Hall at 7pm.

cc: file, PB, ZBA, WCC, Town Offices, BOS

posted: 12/11/09 Town Hall, Lobby, Burdick’s Market,

www.walpolean.com, www.walpoleplanningboard.org, www.walpole.nh.com