PLANNING BOARD

Walpole, NH  03608

 

MINUTES:         Regular Meeting Tuesday, November 10, 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 December 8, 2009 meeting for errors, corrections and omissions.  There were 45 persons in the audience. (Maps and mylar were signed for Dill/Primax Properties 2 lot subdivision approved on 10/13/09)

 

I.           Meeting opened at 7:05pm

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

B.  Mr. Sawyer moved to approve the minutes of 10/13 and 10/27/09 as presented.  Motion was seconded, all were in favor, motion carried.

                                                      

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.  Primax Properties LLC/Brickstone Masons Inc. Engineer - Site Plan Review Map 12, Lot 13-1 Rte. 12 N., commercial zone.  Proposed 19,000 sq. ft. Tractor Supply Co retail building. 

Ch. Miller announced that Mr. Frank Alexander from Primax Properties requested a one month delay presenting their application as described above until the next regular meeting Tuesday, December 8, 2009 due to a mistake on the date of the public hearing notice.  The notice incorrectly announced the date of the meeting as Tuesday, November 11th instead of Tuesday, November 10th.  A second notice was sent on 11/2/09 via first class mail to all of the abutters and the postings were corrected showing due diligence by the board to remedy the error.  Ch. Miller conferred with SW Regional Planning who agreed the corrected notice was legal and binding and holding the public hearing viable, but suggested giving the applicant the option of delaying their submission until the following meeting.  Ch. Miller notified those present for the public hearing to return in December and if they had questions to speak to Mr. Alexander or Mr. Bergeron who could answer general questions on the proposal outside of the meeting in the lobby.  An abutter who recently purchased their property did not receive a notice due to the town records not reflecting the change, they asked to be added to the list and properly notified.  (Seth Andrews and Alicia Flammia 183 Upper Walpole Rd. formerly owned by the Dockham’s.)

 

            B.  Hodgkins and Sons, Inc. 2 Lot Minor Subdivision Map 11, Lot 10 off Rte. 12 S. on Industrial Park Dr. in the industrial zone.  The proposal is for Lot 1 of 13.88 acres and Lot 2 of 6.23 acres.  Both lots have over 200 ft. of frontage.  The applicant provided maps showing the contour lines so the request to waive the requirement was not needed.  Mr. Huntley of SVE Associates presented the application as described above, outlining the boundaries and lot details.  Ch. Miller called for a motion to accept the application as complete.  It was so moved and seconded with all in favor, motion carried.  The meeting was closed and the public hearing opened 7:15 with Ch. Miller calling for questions.  Abutters Patricia Rodrigues and John Corduff of Westmoreland were concerned and asked if the gravel extraction operation is included on one of the lots to be sold and if the gravel pit is active would it continue to be regulated by the State and inspected by the Town?  She asked what the development plans were for the parcels?  They had visited the site and noticed many fallen trees and activity up to the RR bed and bridge abutment.  She asked if gravel pit reports on the inspections and state applications are available for review?  They also asked about target shooting heard over the weekend, was it a target range?

Walpole Planning Board Minutes 11/10/09 page 2

            Mr. Huntley said it is a permitted active pit.  Ch. Miller said any new owner would need to be State and locally permitted for the gravel operation if continued or discontinued. Mr. Sawyer agreed noting that the zoning board oversees annual gravel pit inspections and all gravel pits must file plans for extraction and reclamation with the town and State authorities.  Mr. Huntley reminded that the application is strictly for the subdivision of the land it is not a site plan review.  Ch. Miller said all state regulations would follow with the land if it is transferred but only the 2 lot subdivision of the land is before the board.  Any and all future development of either of the parcels would come back to the board as a site plan review with abutter notice.  Copies of the gravel excavation plans are available at the town hall.  Also it was reported that Mr. Hodgkins gave permission to the Walpole and Charlestown Police Departments only for target practice on the site accounting for the noise over the weekend, but it is not a target range.  Mr. Sawyer said it is not a regulated shooting range.  Ch. Miller said if the shooting persists to their dissatisfaction to contact the Selectboard regarding their concerns.  Ch. Miller called for further comments or questions, hearing none closed the public hearing at 7:20. 

            Ch. Miller called for board comments, hearing none, called for a motion to approve the application for the 2 lot subdivision as presented.  It was so moved and seconded, all were in favor, motion carried.  The maps were signed, however the mylar was not available, the secretary will make other arrangements for the signatures once the mylar is provided.

 

            C.  Hubbard LLC - Lot Line Adjustment, 2 Lot Minor Subdivision Map 12 Lot 57-1 Upper Walpole Rd. rural agricultural zone.  Lot 1 of 17.49 acres to be annexed to Lot 58 Map 12, Lot 2 of 11.62 acres with existing buildings and Lot 3 of 13.34 acres with existing baseball field.   Ch. Miller called for a motion to accept the application as presented.  It was so moved and seconded, all were in favor, motion carried.   Ch. Miller closed the meeting and opened the public hearing 7:30pm. Chip O’Brien presented showing the lots and existing uses and where Lot 1 will be annexed to Lot 58.  Ch. Miller called for questions and comments, hearing none closed the public hearing 7:33pm.  Ch. Miller called for board discussion or comments, hearing none called for a motion to approve the 2 lot subdivision and lot line adjustment as presented.  Mr. Sawyer so moved, it was seconded, all were in favor, motion carried.  The maps and mylar were signed with the applicant instructed to record the mylar at the registry and report the recording numbers to the secretary as proof of recording.

           

            C.   Hubbard LLC and The Walpole Youth Baseball Foundation Expedited Site Plan Review Map 12 Lot 57-1 Upper Walpole Rd. in the rural agricultural zone.  The Walpole Youth Baseball Foundation proposes the removal of an existing hatchery building located on Map 12 Lot 57 and the construction of two little league baseball fields in its place.  The existing ball field (aka Legion) on previously created Lot 3 (see above) is part of the site plan review that now encompasses previously existing Lot 57 and Lot 57-3.  Mr. Dale Hubbard by written permission from Hubbard LLC presented the plan and because it is an expedited review the board waived the requirement of a licensed engineered plan and several other requirements that are not applicable.  Ch. Miller called for a motion to accept the application as complete.  It was so moved and seconded, all were in favor, motion carried. 

Mr. Dale Hubbard explained driveway, parking, lighting, landscaping, sewer and water, handicap access and concession stand locations.  The ball field currently across the street will be re-located to the new site and one additional field added for a total of 3 ball fields.  The lighting will be on during games only.   Mr. John Hodgkins asked if the existing septic would be re-used.  Mr. Hubbard said they will put in a new system connected to the town sewer and the existing septic will be closed.  Mr. Daviss asked if the property would be owned by the Walpole Youth Baseball Foundation?  Answer was yes.  He asked if it would be a non-profit organization?  Answer was yes and they have a confirmation of their request from the state, they will be contacting them in about 60 days.  Mr. Daviss commented that the change in use eliminates a large tax asset to the town and notes that it is not uncommon for non-profits to make an annual payment to towns in lieu of the lost property taxes to offset the revenue to the town, had they considered this?  Mr. Hubbard said no they hoped the town would realize the benefit to the kids of

Walpole Planning Board Minutes 11/10/09 page 3

Walpole now and in the future.  He said the Foundation will pay all of the expenses of the fields, the town will not be liable for anything.  Mr. Sawyer said he thought the project would be an asset to the town.   The cost of creating and maintaining ball fields is prohibitive for most small town recreation departments.  He noted that the removal of the ball field across the street would return the parcel back into its intended commercial use and tax status.  Mr. Dalessio asked if the positioning of the fields will take into account the road way and if there were plans to re-cover the building materials.  Mr. Hubbard said the fields would be fully fenced and high enough for safety.  He has not looked into re-covering the building materials and is not certain it is possible. 

Ch. Miller called for further questions or comments, hearing none closed the public hearing 7:35pm.  Ch. Miller called for board discussion, hearing none he called for a motion to approve the site plan review as presented.  It was so moved and seconded, all were in favor, motion carried.  The plans were signed.  A mylar is not necessary because the town does not require recording of site plans at the registry.   (Ch. Miller at the beginning of the application presentation announced that his wife works for Hubbard LLC, and that he would be able to participate free from conflict on the application.)

 

III.       Close Meeting Open Public Hearing 7:40pm on Zoning Ordinance Amendment - Article VII Industrial District:  Ch. Miller read the description and called for Myra Mansouri, Chairman of the zoning board to present the amendment.  She said they propose to bring the industrial district lot standards in line with the other districts as far as frontage, lot size and allowed uses.  The industrial district does not have standards unlike the rest of the districts.  They inventoried all the lots within the industrial district and chose to apply the smallest existing lot and frontage to avoid grandfathering any lot.  The result is “a lot no less than 25000 sq. feet with a minimum of 150 feet of frontage”.  They also added a provision to allow commercial operations in the industrial district by way of a special exception, using the identical wording under Article VI the commercial district that allows an industrial use by special exception.  She read the wording aloud.  They added a verbal description of the location of the industrial zone.  She said that the changes will bring needed specs to the district and noted that most of the businesses currently in the industrial districts are commercial uses, not actual industrial.  She said the zoning board spent many months of consideration on the ammendment and hopes to see it on the ballot for a full town vote in March.  She called for questions. 

            Mr. Daviss asked if it only applies to the existing industrial district?  Answer was that it would cover the existing and any future expansion of industrial districts.  He asked if the commercial language fits with the industrial district, is it correctly worded?  Answer was yes, the wording is exactly what is used in the commercial district in the zoning ordinance and has been added to the industrial district in the same context.  A special exception will be required if a commercial use wishes to locate in the industrial district just as an industrial use proposed in the commercial district must  be granted a special exception.

            Ch. Miller called for further questions, hearing none closed the public hearing at 7:45pm.  Ch. Miller called for a motion to accept the amendment as presented for placement as a warrant article to be voted on by the town by ballot in March 2010.   Mr. Sawyer so moved, it was seconded, all were in favor, motion carried.  Ch. Miller called for a motion to “recommend” or “not recommend” the amendment to be shown on the warrant and ballot forms.  Mr. Sawyer so moved to show “Recommended by the Planning Board” on the warrant and ballot, it was seconded, all were in favor, motion carried.   Sec. Aslinger asked if the wording should be checked by the NH Legal Gov’t Assoc. for accuracy?  The board agreed that since the new wording was taken from the existing ordinance it would not be problematic.

 

IV.       New Business - Voluntary Merger

            A.  David and Suzanne Green were present and requested a voluntary merger of their lots (formerly the Ballam Farm) located on Rte. 12 N. W. Map 12, Lots 12-1, 12-2, 12-3, 12-4 as recorded on 3/27/08 Book 2499 Page 0403 for taxation purposes according to RSA 679:30a. Mrs. Greene explained the location noting that there is a permanent deed restriction for agricultural use only except for a one acre

Walpole Planning Board Minutes 11/10/09 page 4

building lot for a home.  Because they own all of the separate lots with the restriction it makes sense to rejoin the lots as one.  Secretary Aslinger reported that an application and fee of $25.00 had been received and that a public hearing and abutter notification is not required. A vote of the board granting the merger as described and recording the official notarized form at the Cheshire County Registry of Deeds meets the requirement of the state statute. 

Ch. Miller called for a motion to approve the voluntary merger as requested.  Mr. Sawyer so moved, it was seconded, all were in favor, motion carried.  The form was signed and given to the applicants for recording.  They were asked to mail a copy of it to the secretary as proof of recording.  The secretary will give a copy to the selectmen’s office who will process the record keeping and tax adjustment.

 

V.        New Business - Preliminary Discussion and Application Submissions

            A.  Bensonwood Homes - Lot Line Adjustment - Peter Wotowiec presented the board with an application for a lot line adjustment located on Rte. 12 NW Map 12, Lot 4-3 and 4-2.  Proposal removes 1.19 acres with an existing building from Lot 4-2 annexing it to Lot 4-3 resulting in Lot 4-2 of 4.48 acres and Lot 4-3 of 25.6 acres with an additional building.   Mr. Wotowiec said Hubbard LLC who leases Lot 4-2 from Bensonwood determined that they would not be using the barn on the 1.19 acres.  Bensonwood Homes can incorporate the barn and 1.19 acres into their phased manufacturing operation on Lot 4-3 so they came to an agreement to change the lease and create the lot line adjustment.

            Hearing no questions or comments Ch. Miller called for a motion to place the application as presented on the agenda and schedule the public hearing for the December 8, 2009 meeting.  It was so moved and seconded, all were in favor, motion carried.

            B.  Gretchen Young 2 Lot Subdivision and Site Plan Review Rte. 12 N.  - Ms. Young of Appledore Engineering in Portsmouth NH represents the Hutton Co.  They had appeared before the board in May regarding this same parcel (across from the Walpole Creamery).  Originally the lot was to house another tenant and an 8000 sq. ft. dry goods retail space.  The dry goods space (Hutton Company) decided to go forth on it’s own.  The 7.5 acre parcel Map 12 Lot 19 in the commercial and rural agricultural districts will be subdivided.  Lot 1 will be approximately 1.4 acres and developed, Lot 2 will be the remaining land with the existing house and buildings left as is.  The preliminary plans show a storm water pond in the rural ag district.  They have talked to DOT and may not be required to have a traffic study because of the small scale of development.  They are proposing an onsite well and connecting to the municipal sewer system. She asked if the storm water pond would require a special exception since it is a part of a commercial development in the rural agricultural zone.  Selectman Sawyer thought it would require action by the zoning board for the use but not for the subdivision portion.  It was noted municipal water does not serve the site and it is within the aquifer but not in the wellhead protection area.  She stated the space is for a dry goods store not a restaurant.  They hope to submit an application to the board at the December meeting for the subdivision/site plan and would request a public hearing at the January meeting, they plan to begin construction in the Spring.  The board commented on architectural features once the site plan moves forward.  She said the permits will be in place and mentioned a possible waiver request for the required 10% internal landscaping parking islands, because of the size and location it will not be possible to meet the criteria.  The overall site 30% open space requirement can be met. Ms. Aslinger asked if the board would know who the tenant is once the site plan application is presented?   She is concerned how the board can review an application not knowing what type of business it is, such as traffic counts, a furniture store versus a grocery store creates different traffic patterns.  Ch. Miller and others agreed not knowing what type of business would make it impossible to thoroughly review an application and come to a decision.

            C.  Anna Smith Lot Line Adjustment - Prospect Hill, Map 8 Lot 106 and 107.  Mrs. Smith presented the board with an application and fees for a lot line adjustment with a purpose of removing 3 acres from the Cramer parcel Lot 106 and adding it to the Smith parcel Lot 107 resulting in Lot 106 of 5.2 acres and Lot 107 of 10 acres.  The Smith parcel is a grandfathered lot without road frontage but has a

Walpole Planning Board Minutes 11/10/09 page 5

deeded ROW over Lot 106 for access.  The lot line adjustment incorporates the ROW so they will own their driveway.  The survey will be completed before the December deadline of 11/23 and she will provide the maps to the secretary.  Ch. Miller called for a motion to place the application on the agenda and hold the public hearing at the December 8, 2009 meeting.  It was so moved and seconded, all were in favor, motion carried.

 

VI.       Planning Discussion

            A.  Master Plan - Ch. Miller spoke with SWRPC in regard to the delay in getting a draft for the Land Use Section.  Sec. Aslinger reported that a list of questions (read aloud) are pending and require a fair amount of research on her part and she’s been away for 6 weeks.  One reason the planning commission was able to draft the update so reasonably ($1500) is because Ms. Aslinger is willing to do much of the legwork on gathering the facts and statistics. SWRPC charges $45.00/hour vs. volunteering by the board’s secretary.  Because the questions just recently appeared and the secretary’s workload for end of the year has greatly increased continued patience is important.  Ch. Miller reminded that the funds allocated for the draft need to be spent prior to 12/30/09 or they’ll go into the general fund.  The board offered to help in anyway they can and will be called on over the next 2 weeks.

            B.  Work Session has been scheduled for November 24th at 7pm in the newly remodeled and refreshed basement meeting room.

            C.  Design Review Provisions - Ch. Miller assigned Mr. Merklein the task of gathering some other Town’s regulations and ideas to consider adding them to the site plan or subdivision regulations.

            D.  Other - Mr. Daviss moved to appoint Mr. Steven Dalessio as an alternate to the planning board effective immediately until March 2010.  He explained that Mr. Dalessio has been volunteering as a co-chairman to the work session group discussing the economic development plan and has shown great interest in serving on the board.  Ch. Miller called for a second to the motion, it was seconded by Mr. Merklein and the vote called, all were in favor, motion carried.  Sec. Aslinger will notify the town offices.

 

VII.     Communications and Miscellaneous - none

 

VIII.    Meeting adjourned at 8:25pm

            Next regular meeting to be held on December 8, 2009 at 7PM in the Town Hall

 

cc:  PB, ZBA, WCC, Town Offices

posted:  11/12/09 - Town Hall, Lobby, Burdick’s Mkt., www.walpolean.com, www.walpoleplanningboard.org, www.walpole.nh.us