Town of Walpole, NH 03608

 

PLANNING BOARD MEETING                  October 9, 2007 - 7:30pm Town Hall

 

MINUTES

 

Presiding:  Jeff Miller, Ch.

Members Present:  Bob Miller, V-Ch., Ben Daviss, Dave DeCoste, Henry Fletcher, Charles Miller, Select., Pam Aslinger, Sec./alt.; Jeff White, alt., Shane O’Keefe, alt.

Members Absent:  Eric Merklein, Fred Dill, alt.

Recording:  Regina Borden, Recording Secretary, pro tem

These minutes are unapproved and will be reviewed at the November 13, 2007 meeting for errors, omissions, and corrections.  There were seven persons in attendance.

 

Jeff Miller opened the meeting opened at 7:30pm.

A.  Alternate Shane O’Keefe was designated for Mr. Merklein.

B.  Minutes were passed over until later in the meeting.

 

Review New Applications Submitted: 

Mr. J. Miller opened the Public Hearings at 7:32 pm:

  1. N. Walpole Vill. District/Norman & Susan Firenze – Lot Line Adjustment on Rte. 12, Map 30 Lot 1 of 2.27 acres and Lot 2 of .24 acres in the Residential zone.  Results in .02 acres taken from NWVD lot added to Firenze lot removes old line through garage & meets the 5 ft. setback.  All other zoning requirements are met.  

Susan Firenze was not present. Ms. Aslinger advised that the application is complete.

Mr. C. Miller moved to accept this application as complete.  Mr. R. Miller seconded.  Motion passed unanimously in favor.

Mr. DeCoste moved to table this application until Mr. and/or Mrs. Firenze appear or until the meeting next month.  Mr. R. Miller seconded.  Motion passed unanimously in favor.

 

  1. Christopher and Kathy Monahan – Lot Line Adjustment on 42 Barnett Hill Rd. Map 48, 48-1 in Rural Ag. Zone.  Results in adding acreage to existing home Lot 1 to become 13.81 acres and Lot 2 becoming 11.01 acres.  Frontage, acreage and setbacks are met. 

 

Joe DiBernardo, DiBernardo Associates, LLC, represented the applicants. He distributed corrected maps that are due to an address change but the application is complete; Nancy Sloan’s address was changed.  This is in the Rural Agriculture district and it has the required frontage.  Joe DiBernardo explained that this is a lot line adjustment to expand their house lot No. 1 to 13.81 acres and make Lot 2, 11.01 acres.  There will be a covenant to restrict one designated acre for the building area.  Ms. Aslinger advised that the application is complete.

Mr. R. Miller moved to accept this application as complete.  Mr. C. Miller seconded and the motion passed unanimously in favor.

 

Mr. J. Miller closed the Public Hearings at 7:38 pm.

Mr. C. Miller moved to grant the Lot Line Adjustment for Christopher and Kathy Monahan.  No new lot has been created.  Mr. DeCoste seconded and the motion was passed unanimously in favor. 

 

Mr. J. Miller opened the Public Hearing at 7:42 pm.

 

 

Walpole Planning Board Minutes – October 9, 2007 – Page 2

    

C.  Alyson’s Apple Orchard, Inc./Stanley and Deborah Hutchings – Lot Line Adjustment located on Black Jack Crossing Rd. Map 1 & 4, Lots 11 and 44 in the Rural Ag. Zone.  Results in adding 5.34 acres from Alyson’s Lot 44 to Hutchings Lot 11.  Complete survey of the Alyson’s lot is not provided but referenced, Hutchings lot and survey is approximated from a previous plan.  Frontage, acreage and setbacks are met. 

Mr. R. Miller recused himself; Mr. J. White will take his place for this agenda item. 

Ms. Aslinger advised that this application was received after the meeting last month but within the time period to be placed on this agenda.  The documents were accepted as complete and the applicant and abutters were notified. 

Mr. J. Miller advised that this is an expansion of an existing lot.  Joe DiBernardo, DiBernardo Associates, LLC is representing the applicants. 

Mr. Daviss moved to accept this application as complete.  Mr. H. Fletcher seconded the motion and, with all in favor, the motion was approved unanimously in favor.

There was a consensus of the Board to waive the survey requirement.  Mr. DeCoste asked about the frontage.  Mr. J. DiBernardo responded over 200-feet.  

Mr. J. Miller closed this Public Hearing at 7:45 pm. 

Mr. R. Miller resumed his seat on the Board; Mr. J. White resumed his seat as an alternate.

 

Mrs. O’Brien advised that Virginia Foote is present to represent the N. Walpole Vill. District/Norman & Susan Firenze and requested that the Public Hearing be held.

 

Mr. J. Miller called the Public Hearing to order at 7:48 pm.

A.     N. Walpole Vill. District/Norman & Susan Firenze – Lot Line Adjustment on Rte. 12, Map 30, Lot 1 of 2.27 acres and Lot 2 of .24 acres in the Residential zone.  Results in .02 acres taken from NWVD lot added to Firenze lot removes old line through garage & meets the 5 ft. setback.  All other zoning requirements are met.

Virginia Foote, representing the N. Walpole Vill. District, displayed a sketch of the proposed lot line adjustment and explained the change.  There will still be a little strip in front of the Walpole Police Station owned by the North Walpole District.  Mr. J. Miller asked why they did not draw a straight line to keep it simple.  Mrs. O’Brien explained that it only involves a couple of feet but they did not want to go that close to the driveway to the Police Station and going to the back of the municipal building; there is no exchange of money. 

 

Mr. J. Miller closed the Public Hearing at 7:54 pm.

Mr. DeCoste moved to grant this Lot Line Adjustment for the N. Walpole Village District/Norman & Susan Firenze as final.  Mr. R. Miller seconded the motion and, with all in favor, the motion was approved unanimously in favor.   

 

New Business:

Voluntary Mergers to be Reviewed:

  1. Betty Mack:  Ms. Aslinger reported that Betty Mack will not be here and she does not want the Voluntary Merger processed at this time.  Mr. J. Miller tabled this agenda item.

 

  1. Shirley Capron:  Shirley Capron was not present.  The abutters did not need to be notified, no map or Public Hearing is required.  Ms. Aslinger wrote a letter to Mrs. Capron who completed the form.  This property is located on Tax Map #28, Lots #28 & #29, off Pearl Street in North Walpole; it will combine .16 and .26 acres. 

 

 

Walpole Planning Board Minutes – October 9, 2007 – Page 3

 

Mr. J. Miller felt that in the future the applicant or their designee should make an appearance before the Board; the Planning Board should know where the property.  The Board needs to be sure it is in order.

Mr. D. DeCoste moved to approve and sign the Voluntary Merger for Shirley Capron.  Mr. C. Miller seconded the motion and, with all in favor, the motion was approved unanimously in favor.

 

3.  Robert and Kerry Grenier:  Robert and Kerry Grenier were present and provided a map for review.  They want to join two separate lots on the North River Road.            

Mr. S. O’Keefe moved to approve and sign the Voluntary Merger for Robert and Kerry Grenier.  Mr. R. Miller seconded the motion and, with all in favor, the motion was approved unanimously in favor.

 

Delbert Frost – Revocation Request – See Letter:  Ms. Aslinger referenced her letter to Delbert Frost, dated September 24, 2007.  On September 13, 1994, the Planning Board had given him an approved Lot Line Adjustment giving him an additional .10 acres.  Unfortunately he never had a Deed written for it and subsequently a new neighbor purchased it at a tax sale and has a recorded deed on the parcel.  Technically the Lot Line Adjustment now becomes invalid even though it was approved and recorded.  Ms. Aslinger advised Mr. Frost that in order for the Planning Board to invalidate the Lot Line Adjustment he must request, in writing, that the Board revoke the approval due to the circumstances.  Mr. Frost did submit a letter to request that it be invalidated.  Ms. Aslinger felt that it will require more research.  The Planning Board felt that as an initial step Ms. Aslinger contact the Registry of Deeds to see if they will accept a letter of explanation to invalidate the Lot Line Adjustment.  This will be an agenda item for the next meeting.

 

Preliminary Consultations:

  1. R. Todd for Ernest and Wanda Way – 2 Lot Minor Subdivision on Valley Road:  Ms. Aslinger advised that the surveyor, R. Todd, was present before the meeting and requested that he could leave the documents and not wait until this point in the meeting.  The Planning Board has the maps, abutters list, etc.

Mr. B. Daviss moved to schedule a Public Hearing in November.  Mr. C. Miller seconded the motion and, with all in favor, the motion was approved unanimously in favor.   

 

  1. J. DiBernardo for Chris and Kathy Monahan – Minor Subdivision – Note: Plans may be submitted later in the month prior to deadline per agreement with Board.  Ms. Aslinger reported that Joe DiBernardo did not have the survey done yet but asked if the application could be processed.  This is a minor subdivision on their investment property at 142 Barnett Hill Road.

Mr. D. DeCoste moved to schedule a Public Hearing in November.  Ms. H. Fletcher seconded the motion and, with all in favor, the motion was approved unanimously in favor.  

 

Other:

Jack Franks and Lisa Bierweiler:  Virginia Foote, surveyor, submitted an application, check and maps for Jack Franks and Lisa Bierweiler for a two lot subdivision on Ramsey Hill Road.  They are proposing to take out 1.62 acres that will not be a building lot.  It is possible to record a building lot as a non-buildable lot.

Mr. H. Fletcher moved to schedule a Public Hearing in November.  Mr. D. DeCoste seconded the motion and, with all in favor, the motion was approved unanimously in favor. 

 

Walpole Planning Board Minutes – October 9, 2007 – Page 4

 

Old Business:

A.     Walpole D & D Update – See Letter:  Ms. Aslinger sent a letter to Walpole D & D on September 19th outlining the conditions of approval.  In reference to the No. 4 item about the collection of outstanding fees noted in the 8/24/07 letter; Ms. Aslinger did receive a check for $5,000 for the Weston Sampson report.  None of the other conditions have been worked on at this point so it will remain on the agenda until it is complete.  Mr. J. Miller received a phone call from Mr. F. Dill about the trees as they had someone that would remove some now before he has all the approvals; Mr. J. Miller said the trees belong to Walpole D & D.

 

B.     N. Walpole Village Commissioners Site Plan from 9/11 meeting – In Compliance?  Ms. Aslinger said this was briefly discussed at the last meeting.  The Commissioners had written letters in response and confirmed that it was in order to take this up at this meeting since the last meeting was so lengthy.  They want to be sure they are in compliance with a 2004 Site Plan Review concerning the water reservoir and filtration building in North Walpole located on Map 29, Lot 22.  Ms. Aslinger read the letter from the North Walpole Village District Commissioners to the Walpole Planning Board, dated August 21, 2007.  The letter from Russell Hodgkins, Hodgkins & Sons, Inc. to the North Walpole Water Dept., dated May 21, 2007, was also read.  Mr. J. Miller received and read a letter from Martin and Anne Hill, neighbors, who are questioning the compliance and assessment.  Mrs. O’Brien requested a copy of this letter as they did not receive it.  Mr. J. Miller stated that when this was approved by the Planning Board there was an agreement between the Commissioners and the Hills to avoid any problems now.  He feels that the Commissioners should meet with the Hills, work out an agreement and work together.  During the 2004 Site Plan Review there was a site visit and everyone was in agreement.  Patrick Kiniry, Commissioner, read from an article from the NH Local Government Center - Legal Services that addresses “When Does Zoning Apply to Governmental Use of Land”.  Their definition of governmental land with exemptions is referenced under RSA 674:54 and 674:54.1.  He advised that the Village submitted a Site Plan to the Planning Board but the Article advised that the Board can give their input but have no say on what N. Walpole did with their land.  Ms. Aslinger noted that the Town attorney agrees with this article.  Mr. Kiniry said they have been trying to work with Mr. & Mrs. Hill.  The culvert was put in with an agreement with the Howson’s and the former owner of the house many years ago.  The Village was given a right-of-way to the water treatment facility.  There is a silencer on the system; they did everything they had to do.  Mrs. O’Brien advised that the noise is from the radon reader and is not on 24/7.  There was a consensus of the Planning Board that the Commissioners have tried to make every effort to comply, therefore, they agreed that a letter be sent from them to Mr. & Mrs. Hill recommending that they make an appointment with the N. Walpole Commissioners and a copy of the letter will be sent to the Commissioners. 

 

C.     Site Plan Review Revocation – N. Meadow Plaza – Chairman to sign invoice, Board to decide whether to proceed:  Mr. J. Miller initialed the invoice from Sheldon, Davis, Wells & Hockensmith, P.C. in the amount of $301.83 for professional services in reference to the North Meadow Plaza – Revocation of Site Plan Approval.  Mr. J. Miller felt that the Planning Board should not pursue this.  For future development

 

Walpole Planning Board Minutes – October 9, 2007 – Page 5

 

they will have to present new plans.  Ms. Aslinger explained that the Site Plan regulations did not include a time limit back then; that was one of the concerns that Attorney Hockensmith had.  They can only build exactly what was previously approved. The new regulations do specify a time limit.  Following a discussion there was a consensus of the Board to not proceed at this time.

 

D.     Chamberlain Machine:  Mr. J. Miller received a call from Chris Miller, Chamberlain Machine, who looked over the Wellhead Protection Ordinance.  He feels their proposed site falls within this ordinance; this will be new for the Board.  Basically they have to come for a Public Hearing and will have to fall within the criteria.  If the Zoning Board grants a Special Exception during their meeting on Wednesday, October 17th, Chamberlain Machine will come to the Planning Board.  Mr. C. Miller questioned the quality of the water and who will monitor it.  Mr. J. Miller said each plan has certain conditions; they will be on Town water and sewer.  There are all types of regulations in place.  Mrs. Aslinger mentioned that they previously stated they would not be opposed to putting in test wells.  Mr. C. Miller recommended that the Water Department should be consulted as a means of back-up. 

 

Communications / Miscellaneous:

  1. Work Session Scheduled for October 30, 2007 at 7:00 PM Items:  Ms. Aslinger said that in the September Workshop minutes Mr. B. Daviss discussed putting together a survey.  This is an attempt to get answers to questions with multiple choices that people will be able to leave in various drop-off locations so they will get back to the Board.  If anybody has any changes let him know.

 

  1. Warrant Articles:  Ms. Aslinger reported that notices from the Board of Selectmen went to all departments reminding them that it is time to submit budgets and Warrant Articles for next year by October 31st.  Mapping will be discussed during the next Workshop Meeting. 

 

  1. Industrial Areas:  Mr. Miller mentioned that an item for discussion is finding more industrial land in Town.  Mr. B. Daviss felt it might be beneficial to designate this soon.  The Conservation Commission expects to have their mapping done on the land values so we can coordinate with them and move forward.  Mr. J. Miller said the Planning Board is going through their Land Use issues so that could be a recommended goal.  Mr. S. O’Keefe suggested putting the plan together first.   

 

  1. Motions:  Mr. H. Fletcher requested that when somebody makes a motion their names should be so recorded in the minutes; indicate who is opposed and a number such as “5-to-2”.  Ms. Aslinger said somebody on the Board would have to request a roll call vote and then it would be so recorded. 

 

  1. Attorney Hockensmith:  Mr. J. Miller acknowledged a letter from Attorney Hockensmith requesting that all documents be forwarded to him in connection with the 40,000 square foot building Warrant Article.  He handed the letter over to Mr. C. Miller to be taken care of.   

 

 

 

Walpole Planning Board Minutes – October 9, 2007 – Page 6

 

 

Mr. J. Miller adjourned the meeting at 9:08 PM.

 

Respectfully submitted,

Regina Borden, Recording Secretary pro tem

 

 

Cc:  File, PB members, ZBA, BOS, WCC, Water, Road Agent

Posted:  Town Hall, Lobby, Burdick’s Market, Town website www.walpolenh.us