PLANNING BOARD

Walpole, NH 03608

Regular Meeting – Tuesday April 14, 2009 7:00pm Town Hall

MINUTES

Presiding: Jeff Miller, Ch.

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

Member Absent: Shane O’Keefe, alt.

Recording: Pamela Aslinger, Sec./alt.

These minutes are unapproved and will be reviewed at the May 12, 2009 meeting for errors, corrections and omissions. There were 15 persons in the audience.

I. Meeting opened at 7:00pm

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

B. Minutes - A motion to approve the minutes with the correction of Mr. White’s

name was made and seconded, vote called all were in favor, motion carried.

C. Election of Officers – Jeff Miller was nominated and elected by unanimous vote as Chairman for 2009. Bob Miller was nominated and elected by unanimous vote as Vice Chairman for 2009.

II. Review Application submitted

A. Virginia Carter/Paul Kranowski Special Exception Recommendation and Site Plan Review Barnett Hill Vineyard located at 114 Barnett Hill Rd. Map 9, Lot 53-1 in the rural agricultural district. Proposed 22 x 24 sq. ft. barn to be used as a winery operation, tasting area and retail gift shop. The lot is 27.77 acres with an existing house and vineyard. Henry Fletcher recused himself because he is an abutter. Ch. Miller designated Donn Lounsbury in his place. Ch. Miller called for the secretary’s report, Sec. Aslinger reported that the application was complete, all abutters and public notified in a timely manner. Mr. Sawyer moved to accept the application as complete, seconded by Mr. Daviss. The vote called, all were in favor, motion passed.

III. Ch. Miller closed the meeting and opened the public hearing (7:15pm) and asked Ms. Carter to present the proposal. The plans were distributed and Ms. Carter described her proposal as shown above pointing out the various aspects and locations on the maps. Ch. Miller read into the record a letter from the fire department stating no objections to the proposal. A letter of support was read from abutters Tom Durnford and Lisa Coulet. Ms. Carter described some of the processes of wine production and her desire to sell wine and accessories to the public. She has received a driveway permit from the road agent/town, has located a sign conforming to the zoning ordinance and its location. She described the parking area, delivery areas, crushing area and operations pertaining to tastings.

Ch. Miller called for questions. Mr. Lounsbury asked if she planned on a separate septic system, she answered - not at this time, if the demand grew she would consider it. Mr. Merklien asked about the hours of operation. She would be seasonal from spring until Christmas.

Abutter Gail Beaudoin spoke of her concerns over increasing traffic, she thought most bought on the hill as a quiet retreat, not expecting any large agricultural operations. Five cars wouldn’t be as much of a concern as 20 and is concerned the parking area might not be able to handle enough cars that might lead to people parking on the road or turning in her driveway. She’s concerned for horse riders, children, loose cows and is looking for insurance that it won’t become problematic. She has spoken to Ms. Carter about her concerns and she considers them friendly neighbors. She was worried it would grow to scale of Allyson’s that fortunately has highway access whereas Barnett Hill does not. She would like to suggest added safety signage

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for horses and children and a reasonable speed limit to prevent an accident. She does support the winery if it can be done with safety and not disrupt the lifestyle. Ms. Carter said she had discussed traffic with other abutters and requests that the selectboard (two were present at the meeting) to authorize safety signage that has been requested before by others but not been provided.

Ch. Miller acknowledged Ms. Beaudoin’s concern and noted that if the proposal goes beyond the scale it may be approved for, she could appeal to the Selectboard and the expansion would be required to undergo a second review process. He and others thought there are measures in place to limit the operation from becoming large scale, the size of the vineyard, limited land and relatively small winery building indicates they’ve planned a small home based operation. He reminded that Ms. Carter moved to Barnett Hill for the same rural lifestyle as others, so he didn’t think she would mindfully create something she would be adversely affected by. Also if it were to out grow her new building she would most likely look for other processing areas outside of Barnett Hill. He reminded that the planning board’s two criteria for a special exception recommendation is limited to whether it conforms to the master plan and whether or not there is adequate available commercial property to house such an operation.

Ch. Mansouri of the zoning board spoke with a reminder that the balance of the criteria related to health, safety and welfare issues would be taken up by her board at their meeting on the following night Wednesday April 15^th, a public hearing would be held and Ms. Beaudoin should attend. Ch. Miller reminded that the site plan review if approved would be on the condition the zoning board grants the special exception. Ms. Beaudoin said she had not received a notice of the ZBA meeting, but Ch. Miller stated by her attendance at the PB meeting she was so notified.

Concerned citizen Krystyna Marcom thought a gift shop was not considered low impact in a residential area and whether a septic system/rest room should be provided. Ms. Carter assured that she would be selling only locally made products or made in NH, wine accessories, promo items such as t-shirts and wine glasses (specified in application materials). Ch. Miller and Mr. Sawyer reminded that the zone is a rural agricultural zone that allows residences and was designed to promote agricultural enterprises including selling farm raised items.

Mr. Daviss asked if Ms. Carter had estimated how many cars would be added to the traffic on a busy day. Ms. Carter said she did not have accurate data but said there are already up to 10 weekend sightseers visiting the hill for the view and sunsets, sometimes parking in her driveway and picnicking on her lawn.

Mrs. Teague, selectwoman spoke in favor of the project and will bring the signage issue up to the rest of the selectboard, she was unaware of any prior requests. She thought it was a use of agricultural land that represents what Walpole has to offer.

IV. Ch. Miller called for further comments, hearing none closed the public hearing (7:35pm) and reopened the meeting and asked for board discussion and/or action on the application as presented. Hearing no further discussion Ch. Miller called for a motion on the special exception recommendation and read the criteria the board must consider ie; other commercial or industrial land is unavailable or inadequate for the proposed use and the proposed use is consistent with the Master plan.

Mr. Daviss moved that the board make a favorable recommendation to the zoning board of adjustment to allow a special exception for the winery operation and retail shop. Mr. Sawyer seconded, vote called, all were in favor, motion carried.

Ch. Miller called for action on the site plan. Mr. Sawyer moved to approve the site plan as presented, seconded, vote called, all were in favor, motion carried.

V. New Business (taken out of order due to hour)

B. James Robb of NH Dept. of Resources and Economic Development, Economic Revitalization zone presentation. Mr. Sawyer said the presentation made to them on

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March 19, 2009 was very helpful and they thought the planning board should be included in the discussion.

Mr. Robb explained that the State had implemented an incentive program called ERZ or Economic Revitalization Zone formerly known as Crop Zone. He provided a printed copy overview of the presentation (on file). He explained that his colleague Michael Bergeron had worked with Chamberlain Machine recruiting them to make their move to NH. He gave examples of the incentives to help towns attract new businesses and promote expansion of existing businesses such as being a low tax burden, job training, low interest financing, tax credits for R & D and ERZ zones. The tax credit does not cost the Town anything and is paid directly to the business, not the town. The municipality designates the ERZ and applies to DRED to create the zone, and any company in the zone can apply to DRED for the tax credit. In order to create the zone it must meet certain criteria. In Walpole’s case the zone contains either a)Unused or underutilized industrial parks or b)Vacant land or structures previously used for industrial, commercial, or retail purposes but currently not so used due to demolition, age, obsolescence, deterioration and/or relocation of the former occupant’s operations. He used Chamberlain Machinery to illustrate how a business can benefit from the incentive, how it must qualify such as the quality and quantity of jobs created and the amount of the taxpayer’s investment in the project. There is a cap per year of $40,000 and $200,000 over five years, with carry over up to 10 years. The credit goes against Business profits or Enterprise Tax. The cap is defined as the lesser of several factors based on salaries, costs of new facility or renovations and the number of new jobs created. Based on Chamberlain’s actual data they received $115,000 total credit for ’09-’11. Chamberlain’s 48 jobs were new to the State of NH even though they were moved from Vermont.

Mr. Robb said many area towns have ERZ zones including Keene. He said the program is designed to be inclusive not exclusive. It’s up to the Town to identify the zones, so input from the planning board especially helpful when related to the master plan. Plans can include TIFF areas, it can be a zone that houses already existing businesses as long as they have a capital improvement plan and are adding employees, ERZ is designed to promote job creation.

Mr. Sawyer asked who designates the zones, the planning board? Answer was no, the municipality creates the zone with the help of other agencies of the town if needed. Mrs. Teague suggested zones to include North Main St. in North Walpole and the Rte. 12 corridor in both directions as first priority. She feels this is a major incentive for existing businesses struggling with the economic downturn as well as an attractant for new businesses to locate in Walpole and that the Selectboard invited the presentation once Chamberlain approached them in the fall with the information. Mr. Daviss asked if there were size limitations on the ERZ’s, answer was no, but with caution, the overview board would frown on a zone containing only one business if it appeared exclusive. Mr. Daviss asked if the State would send a representative to help determine the zones, answer was yes and Mr. Robb in particular signs off on zones in this area, somewhat informally. Mr. Merklien asked how to promote the incentive once the zones are designated? Mr. Robb thought the municipalities should promote it themselves. He said more information can be reviewed on their website www.nheconomy.com. The board discussed many potential businesses that could benefit and agreed to discuss the possible zones at its next work session scheduled for April 28^th. Sec. Aslinger will make copies of the presentation for all board members.

Mrs. Marcom asked how long the program had been in place? Answer was 2004 or 2005 implemented in 2005 or 2006 after the regulations were written. Mr. Robb said he went from town to town to promote the incentive but was brought to Walpole by Chamberlain’s development. He mentioned they were also privy to Bensonwood’s expansion. Mr. Robb mentioned another recently signed incentive by the Governor in regard to Research and Development that will be available soon. Ch. Miller thanked him for his presentation.

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A. Keefe Estate/Appledore Engineering Preliminary proposing 30,000 sq. ft. of retail space on Rt. 12 N. Map 12, Lot 19, 7.8 acres in the commercial and rural agricultural district. Requesting a special exception recommendation to expand a commercial operation into the rural agricultural district and a site plan review. Mr. Mikolaities, PE from Appledore Engineering, Portsmouth NH was present with Cindy Westover of Galloway Real Estate to ask the board for their input on a preliminary basis. Mr. Mikolaities provided a small generalized map of the project indicating a 99 space parking lot (136 required), 8000 sq. ft. retail space and a 19,097 sq. ft. space housed in one building, a 5000 sq. ft. fenced outdoor display area, two entrances/exits with a State Transportation review scheduled for 4/15/09, the site has two authorized curb cuts. They may be seeking landscape requirement adjustments in regard to the parking island’s, there are no wetlands, plans show docking areas in the rear and the permanent retention of a cornfield. They have allowed for 35-40% “open space”, and have yet to finalize the drainage plans but will not need to go beyond the scope of what is required in the regulations. They are not located in the well source protection area but are within the aquifer. One of the tenants will be Tractor Supply and the other a non-disclosed dry goods store. He said the Hutton Company of Chattanooga, TN is developing the site for the tenants and they have a website for more information on their holdings. Several Tractor Supply stores are located in and around NH. He asked the board if there was anything they may have missed preventing them from going forward with a full engineering plan and submitting an application for the May meeting to be processed for the June/July meetings? Members asked about impervious/porous surfaces and if drainage plans will include underground treatment. Mr. Mikolaities said the water table would determine the drainage requirements mandated by the State. He has much knowledge about porous and alternatives to drainage designs although he stated the porous surfaces are about 2 years away from needed improvement, his firm is connected to the UNH testing program. Mr. Merklien asked if they have alternative building designs to stay in keeping with the Town’s architecture, answer was yes. They plan to build in September. The current farmer has been allowed to continue with his growing 2009 season. Mr. Merklien asked why existing empty buildings such as within the Plaza wasn’t being considered? Answered that the Hutton Company would not be interested in a competitor’s holdings, they have their own national tenants and build to house them in Hutton’s developments. Mr. Mikolaities said the meeting with DOT and Dept. of Environmental Services would determine the final plans. The board had no objections to the preliminary proposal. State permits do not need to be approved before they go forward but must be applied for.

VI. Communications and Miscellaneous

A. Master Plan Update – Ch. Miller scheduled the next work session now that the board has received their funding for 4/28/09 at 7pm in the basement office. He said to come prepared to discuss the ERZ zoning and master plan. ERZ ideas will be forwarded to the selectboard.

B. Ch. Miller announced a public meeting at Fall Mountain High School Library to be held April 29, 2009 at 6pm to discuss NH 12 improvements from Main St. in Walpole to just north of NH 12 A intersection in Charlestown. He thought it was a worthwhile meeting.

Out of order: Old Business – Frink/Merriam Farm update – Sec. Aslinger reported she had spoken with surveyor Tom Flavin earlier in the day. He and Merriam Farm’s surveyor have found that the lot line adjustment proposal does not affect Mr. Faulkner’s property so they would like to go forward with their application for the May meeting, resubmitting the application prior to the deadline by arrangement with the Secretary. He said they have been in touch with Mr. Faulkner’s lawyer but have not received a response. He felt certain there are issues with Mr. Faulkner’s and Merriam Farms boundaries stemming from a mistake in the 1930’s but it does not apply to the parcels of the Frink/Merriam Farm lot line adjustment and it can be proven. The board agreed to allow Mr. Flavin to re-submit the application for the May meeting. Fees are to be waived for the re-submission.

C. Ch. Miller said since we are full fledged members of SWRPC he asked if Bob Miller and Ben Daviss would like to be the town’s representatives? Both were willing and their names will be submitted to the selectboard via a letter.

VII. Meeting Adjourned 8:35pm

cc: All PB, ZBA, Town Offices, related applicants or agents posted on or before 4/20/09 Town Hall, Lobby, Budick’s, websites