Town of
Walpole
Walpole,
NH 03608
PLANNING BOARD
MEETING
September 12,
2006 7:30 Town Hall Basement
MINUTES
Members Present: Bob Miller, V-Ch., Eric Merklein, Sheldon Sawyer,
Ben Daviss,
Ray
Boas, alt., Fred Dill, alt., Dave Edkins, alt.
Absent: Jeff Miller, Ch., Dave DeCoste, Henry Fletcher
Recording: Pamela Aslinger, Secretary
These minutes
are unapproved and will be reviewed at the October 10, 2006 meeting for errors,
omissions and corrections.
I. Meeting opened at 7:30.
A. Vice-Chairman Bob Miller presiding,
designated the alternates as follows:
Fred Dill for Jeff Miller, Ray Boas for Dave DeCoste, and Dave Edkins at
7:45 for Henry Fletcher.
B. Minutes of July 11, August 8, and August 22
were reviewed for errors, omissions and corrections. Corrections were made regarding Fred Dill’s
attendance and Ray Boas’ name on the July 11, 2006 minutes. Sec. Aslinger reminded the Board to formally accept
applications prior to opening the Public Hearing as wasn’t the case at the July
11 meeting on the Cellco application.
She said she thought it was simply an oversight and wouldn’t result in
any challenge. A motion was made to approve the three sets
of minutes with the corrections notated, motion was seconded, motion carried
unanimously.
II. New Business
A. Secretary
Aslinger provided information she discussed with Ms. Foote on 9/12/06 of
Lawrence Associates on behalf of the Fitzgerald/Meadowsend
subdivision/annexation located on the Walpole/Alstead Town boundary. Ms. Aslinger distributed a letter received by the
Planning Board dated 8/16/06 from the Fitzpatrick’s lawyer (on file). The letter was delayed at the Post
Office. The Board officially received
the letter on August 31, 2006. The
letter conflicted with the Planning Board’s decision of 8/8/06 requiring the
applicants to seek a variance from the ZBA to waive the required road
frontage. The letter referred to RSA
674:53 - Land Affected by Municipal Boundaries, stating a variance would
not be required.
Ms.
Foote and Mr. Lawrence did not agree with the lawyer’s interpretation. They felt that the RSA pertains only to
someone who already owns both pieces of the property ie; “an owner of contiguous land…”. This is not true in the case of the
Fitzpatrick’s who are purchasing a separate piece from Meadowsend
Timberlands. The Fitspatrick’s lawyer,
the Fitzpatrick’s and Meadowsend all agree with Ms. Foote’s and Mr. Lawrence’s
interpretation and agree with the following procedure:
1. A variance/hearing has been applied for with
the ZBA at the 9/20/06 meeting.
2. Upon the outcome of the hearing, if granted
the applicants will return to the Planning Board with the 2 lot subdivision on
behalf of Meadowsend Timberlands preferably at the Oct. 10, 2006 meeting, along
with the Public Hearing. If the
subdivision is granted, the Fitzpatrick’s will purchase the lot from Meadowsend
Timberlands.
3. Upon completing the purchase, the
Fitzpatrick’s will return to the Alstead and Walpole Planning Boards for
annexation of the purchased lot to the Fitzpatrick’s property in Alstead
Walpole Planning Board
Minutes 9/12/06 page 2
according
to the provisions outlined in RSA 674:53.
The RSA will then apply to the Fitzpatrick’s because they will be the
“owner of contiguous land”.
Sec.
Aslinger said the Town boundary would remain in place. The Fitzpatrick’s would pay the Town of
Walpole’s land portion on a separate tax bill.
The annexation does not “give” the Walpole portion to the Town of
Alstead, instead the Fitzpatrick’s would own one contiguous parcel bisected by
the Town boundary.
A motion was made and
seconded to schedule the Fitzpatrick/Meadowsend 2 lot subdivision for formal
acceptance, review and a Public Hearing at the October 10, 2006 meeting pending
the outcome of the ZBA variance hearing.
The motion allows for Secretary Aslinger to receive the application
materials on or before 9/25/06 rather than receiving the materials at tonight’s
regular meeting, which is the preference of the Planning Board.
Further
discussion: Mr. Dill reminded the Board
about adding a statement to the subdivision plans that states the new lot to be
annexed is “non-buildable”.
A vote was called, the
motion carried unanimously.
Sec.
Aslinger said she would forward a copy of the minutes to Lawrence Associates.
B. Peter LeHayes presented the Board with a 3
lot subdivision located on Rte. 12 and North River Road, the Claire Whitcomb
Trust, Lot 19, Map 7. The entire parcel
consists of 55.35 acres. The proposal
divides it into 3 lots consisting of 19.7, 17.9 and 17.8 acres with a shared
private driveway creating access for each lot beginning at the end of North
River Rd. The frontage requirements are
met for each lot on Rte. 12, the parcel is in the Residential A district.
Bob
Miller asked if the Town subdivision requirement of dead end streets not being
longer than 600 feet applied to this proposal.
Mr. Sawyer said the requirement meant public streets and that the BOS
are not accepting new roads at this time.
As long as the access remained private they could issue building permits
on it and it can be as long as they want.
Mr. Boas asked about fire protection, whether the applicant would sign a
waiver of liability. Mr. Sawyer said it
would not be required since it was not a Class VI road. Mr. Edkins stated he had worked for Mr.
Whitcomb in the past, that he had no interest in the project but noticed that
part of the ROW appeared to be on the Horton property. Sec. Aslinger asked if the total frontage for
each lot could be shown. Mr. LeHayes,
so noted, said the maps were preliminary and they would be corrected on
the copies he planned to submit by
9/25/06. Sec. Aslinger asked if
the Board would consider allowing Mr. LeHayes to submit the application
materials on or before 9/25/06 rather than receiving the materials at tonight’s
regular meeting, which is the preference of the Board.
A motion was made and
seconded to schedule formal acceptance, board review and hold a Public Hearing
at the October 10, 2006 meeting pending receipt of the application materials on
or before 9/25/06 for the Whitcomb Trust proposal. Motion carried.
C. Joseph
DiBernardo of DiBernardo Associates presented a plan on behalf of Marvic
Management, LLC, owned by the Castellano’s.
The property is formerly the Cray Trust located in North Walpole on the
West side of Rte. 12. The property
includes the former Texaco station, is next to Mr. G’s, consists of 3.5 acres
+/- and is bordered by the CT. River.
Four lots are being proposed of .9, .7, .9, .8 acres. Joe presented two possible configurations for the
Board to consider. Both options create a
total of four lots. He noted North
Walpole does not have frontage or lot size requirements in the Industrial Zone
but does have
Walpole Planning Board
Minutes page 3
set
back requirements. They felt the configurations were reasonable for the
zone. Mr. Edkins reviewed RSA 674:41
relating to “frontage” and it’s meaning.
Configuration #1 allows access to back Lot 4 off of Marshall
St./Rte. 12 by a 24 ft. wide driveway, which they have State approval for. Lots 1, 2 and 3 would also share the same
access. Lot 3 abuts the opening to Union
St. as well. Configuration #2
shows the same basic lot sizes and shapes but eliminates the shared driveway
for lot 3, creating a long strip of property connecting it to Marshall St./Rte.
12 for access. Joe noted the
Castellano’s also own the former Baldasero property that abuts lot 3. The Board agreed Configuration 1 was
a better design. Members raised
questions they felt could be better understood in person, such as frontage,
drainage and flood zones. The Board
agreed to make a site visit to the parcel prior to the Public Hearing, noting
the date of the visit would be posted to notify the public of the meeting. Mr. Edkin’s said RSA 674:41 states the lots
would need frontage in order to get a building permit. Mr. Boas agreed,
reminding the Board of a recent situation where the BOS would not issue a
building permit to the owner of a back lot that had no frontage or access other
than a potential ROW. Mr. Sawyer said
the N. Walpole Commissioners would issue the building permits. The Castellano’s said the buried fuel tanks
had been removed.
A motion was made and
seconded to hold a site visit on Saturday 9/16/06 at 9 am with the Secretary in
attendance, the meeting to be posted 48 hours in advance, members to meet at
the Texaco/Kaotic Graphics. Motion
carried unanimously. Joe and the
Castellano’s will be in attendance.
Secretary
Aslinger asked the Board to consider accepting the application materials on or
before 9/25/06 rather than at tonight’s regular meeting, which is the
preference of the Board.
A motion was made and
seconded to schedule the Marvic Management proposal for formal acceptance,
board review and a Public Hearing at the October 10, 2006 meeting pending
receipt of the application materials on or before 9/25/06. Motion carried unanimously.
C. Fred Dill aka Walpole D & D, LLC
presented a proposal for a 2 lot subdivision located on Wentworth and Hooper
Roads, Map 8 Lot 15. The property
consists of an existing farmhouse with 5 acres and a new lot of 4.66
acres. The farmhouse is directly across
the street from the Alpaca Farm. The
lots are in the Residential A district. Mr. Dill said the remaining
parcels along Hooper Road, which they own, would be subdivided at a later date
but before the end of the year. He said
the test holes for septic had been done, and although the new lot is showing
wetlands, they are only seasonal and it is not effecting the location of septic/well and a house. He noted one incorrect abutter on the map and
asked if he could be scheduled for the Oct. 10, 2006 meeting. Members discussed Hooper Road, recently
upgraded with reclaimed asphalt. Sec.
Aslinger asked if the Board would consider accepting the application materials
on or before 9/25/06 rather than at tonight’s regular meeting, which is the
preference of the Board.
A motion was made and
seconded to schedule the Dill proposal for formal acceptance, board review and
a Public Hearing at the October 10, 2006 meeting pending receipt of the
application materials on or before 9/25/06.
Motion carried unanimously.
III. Other Business
A., B. The Board discussed the presentation at the 8/22/06
work session, noting the fresh ideas it generated, the applicability to areas
within Walpole and tying in the concepts with the Master Plan, Zoning Ordiance
and Regulations. They discussed
including the Conservation Commission in future meetings to incorporate the
ideas within the Towns ordinances. Mr.
Walpole Planning Board
Minutes page 4
Merklein
said he especially liked the potential benefits for the developer/land owner
and potential buyers, saying it addresses the need for workforce housing. He thought the use management on the
conservation corridors would be critical.
He said he wasn’t sure the concept should be applied to all areas of the
Town, but rather target specific areas.
Mr. Daviss agreed suggesting the Board review the Master Plan and
ordinances first. To definitely include
the Conservation Commission, that they have expressed an interest and would be
helpful in targeting specific areas. Mr.
Dill said the concept of Conservation subdivision has been used in Connecticut
where he lived and he was impressed with the result. He agreed it would be hard to get the support
of the Town for a “referendrum” but rather target some areas. He referred to the pending Whitcomb proposal
saying it would have been a good location for clustered housing. He said he thought the mood of the Town was
to limit everything, like the failure of the senior housing project. Members felt the Town would approve of the
concept. Perhaps the Board could come up with an overlay concept like in the
Retirement Overlay District approved by the Town. The Longmeadow project failed due to
financial concerns, not because the Townspeople didn’t want the concept. Mr. Edkins said when he was working on behalf
of Mr. Whitcomb, they actually wrote and proposed a cluster development
ordinance to the Town but it was voted down.
He noted that Ch. Miller did not approve of a cluster housing ordinance
because it would stimulate unwanted growth.
Members agreed it would be important to educate the public, ahead of any
vote.
Mr.
Dill said he had the chance to fly over Walpole last weekend in a tiny
airplane, that he was just amazed at how much undeveloped land is in Walpole,
that setting aside a few areas for higher village like density would be more
desirable for people coming into Town.
He said cluster housing has many more advantages, that most people don’t
want to take care of 5 acres of “brush”, that one acre or less is sufficient if
planned properly. Mr. Sawyer noted that
the Timberland District contained 3 areas of 8 square miles each.
Mr.
Daviss suggested the Board wait for OEP’s handbook to come out after Oct. 28th,
use it to determine where it would work in Walpole, reviewing it as a group
with the Conservation Commission, he felt review of the Master Plan and
ordinances could be coordinated along with the review.
Mr.
Edkins said he was more concerned with proposing Zoning changes for the March
2007 meeting, that deadlines were approaching.
The board agreed to review the Master Plan and Zoning change proposals
at the next meeting. Ch. Miller was to
contact SWRPC to see about an update of the Master Plan, not a complete
revision, but just updating the data.
Sec. Aslinger said she had contacted SWRPC about models for subdivision
regulations, but was answered with a contract proposal for SWRPC to revise them
for us. The Board felt they could do
their own revisions as they have done in the past. Mr. Sawyer agreed the Board should consider
zoning changes such as defining “incidental”.
Mr. Merklein said he would like to see “green/open space” addressed for
the commercial district, similar to the way the multifamily housing open space
was designated last year. He thought a
percentage would be the best, not as much as the Master Plan states at 50% but
at a reasonable level. Sec. Aslinger reminded
the Board of the petition given to the Board from the residents of the Dearborn
Circle area. The Board agreed to make
the zoning change itself, that it would have a better chance of passing if the
Board is the one to propose it. The
Board agreed it would be helpful to contact some of the original committee that
worked on the Master Plan to get a better perspective on what they had in mind
when making the recommendations on open space etc. The Board agreed an informational meeting
might be warranted to gain public input.
D. Other - Mention of Rte. 12 personal used equipment sales
was discussed, whether the owner could sell on behalf of someone else, without
triggering a business use on the land.
The Board discussed junkyard designations, the number of
unregistered/non-roadworthy vehicles
Walpole Planning Board
Minutes 9/12/06 page 5
allowed
on personal property. Mr. Sawyer said
the BOS was confident the owner understood the laws.
IV. Communications and Miscellaneous
A. OEP handout distributed.
B. Letter from Barkley Bull regarding the
bandstand on the Common, distributed.
C. Other - Discussion on a proposed “gazebo” building
permit issued by the Board of Selectmen to be placed between the Verizon
building and the Bank parking lot.
Mr.
Boas asked Mr. Sawyer if the Town had a noise ordinance, noting the Walpole
Tavern held an extraordinarily loud music session Saturday night that went on
until quite late. Mr. Sawyer said the
Town did not have a noise ordinance, that the Tavern is in the Commercial Zone
but the Selectmen would more than welcome suggestions to what is reasonable for
functions on the Common and around it, specifically, how long, when and how
loud functions should be.
V. Adjourn Meeting
A motion was made and
seconded to adjourn the meeting, motion carried.
Meeting adjourned at 9:10PM
Cc: All PB Members, ZBA Ch., Con. Comm., Select’s
Office, Town Clerk
Posted: Town Hall, Lobby, Burdick’s Market,
thewalpolean.com,. walpolenh.us