PLANNING BOARD

Walpole, NH 03608

Work Session – Tuesday, November 24, 2009, 7:00pm Town Hall basement office

MINUTES

Presiding: Jeff Miller, Chair

Members Present: Ben Daviss (recording), Dave DeCoste

Alternate members present: Pam Aslinger, Steve Dalessio, Donn Lounsbury, Jeff White

Others present: Mel Schupack

These minutes are unapproved and will be reviewed at the December 15,2009, meeting for errors, corrections and omissions.

The meeting was called to order at 7:07 pm.

Chairman Miller asked about SWRPC senior planner Lisa Murphy’s progress on the technical assistance she’s providing to update the master plan’s land use section. Ms. Aslinger said that she has begun to compile answers to Lisa’s many questions. Mr. Daviss reported having spoken with Lisa that morning and answering some of her questions. Lisa said that she has begun to contact other officials in town to gather answers to some of her questions because she knows that Pam is swamped with other work at the moment.

Mr. Daviss also noted that he had asked Lisa about possibly waiting to proceed with discussions and tentative decisions about economic development until the master plan’s land use section has been completed. Lisa replied that there should be no conflict between the two initiatives and that both efforts take place at the same time and then be compared and reconciled later.

The zoning ordinances industrial regulations were reviewed. Mr. Daviss noted that the regulations define “industry” as manufacturing, which is defined by materials being somehow changed in form, size, or composition. Mr. Daviss asked if that definition is too narrow. There was agreement that the definition should be expanded. Mr. Schupack pointed out that software development could be defined as an industrial process but doesn’t fit the definition in the regulations.

Mr. Daviss noted that the regulations also state that manufacturing must not infringe on the “health, welfare, and quiet of the town” and expressed the view that this language was too broad or vague. Mr. Dalessio said that language should be added to protect existing infrastructure and businesses because, as he has experienced, the heavy vibrations caused by one manufacturing operation can throw off the microscopic tolerances required by a separate manufacturing operation nearby. It was agreed that consideration must be given to existing uses in reviewing site plans for a proposed business in the same general area.

The discussion moved to the idea of creating a new industrial park in Keene. Chairman Miller voiced the view that there is only a small amount of land in town suitable for commercial and industrial development and suggested creating some new category of zoning that would allow a wider range of uses without forcing people through the special exception process. He suggested that the commercial zone, or the definition of “commercial”, should be expanded. Mr. Daviss suggested creating mixed-use zones. Through discussion, the idea evolved of doing “spot zoning” along Route 12 from the town’s southern border to the Cold River. The town would create areas zoned for mixed use but not designate areas for mixed use that include prominent natural or conservation features, adjoin settled residential neighborhoods, or incorporate other established uses that commercial or industrial activities would destroy or interfere with. Chairman Miller also suggested that all Hubbard Farms properties in Walpole be designated as mixed-use.

Mr. Daviss will contact Lisa Murphy at the Southwest Region Planning Commission to ask for guidance and model language related to mixed-use zoning and to identify any possible concerns related to spot zoning.

Mr. Daviss noted that the zoning regulations in the rural-ag district state that any industrial or commercial use “must show that it will not infringe on the primary established use of the district.” Mr. Daviss said this language is so vague as to be meaningless because the rural-ag district already includes residential, commercial, and industrial uses as “established uses.” He suggested replacing that phrase with “must show that it will not infringe upon or be incompatible with the primary established use of the area within 1,000 yards of the proposed use.” The majority of those present supported the intent of the substitution, but many noted that 1,000 yards is a long distance and that this figure might need to be reduced to win support of the town.

Next, it was noted that the regulations governing commercial zoning listed businesses that were allowed by special exception. Mr. Daviss asked if the town should consider a list of industrial uses that are not acceptable in Walpole, such as feed lots, tar plants, and pulp mills “and other businesses that infringe upon the established character of the town and quality of life of its residents as set forth in the preamble to the master plan’s land use section.” He wondered if that would be too restrictive. Mr. Lounsbury said that, instead of trying to cherry-pick specific kinds of businesses to disallow, it might be more useful to list impacts that would not be allowed, such as noise above a certain volume, waste of certain kinds beyond a certain volume, vibration beyond a certain degree, and so on.

The board will continue to research and refine these ideas for possible presentation to the town on a future town meeting ballot.

The meeting was adjourned at approximately 8:20 p.m.

cc: PB, ZBA, WCC, Town Offices, Lisa Murphy SWRPC

Posted: Town Hall, Lobby, Burdick’s Market, www.walpoleplanningboard.org, www.walpolean.com