Town of Walpole

Walpole, NH  03608

 

Planning Board Meeting

September 13, 2005 7:30PM Town Hall

 

Unapproved Minutes

 

Presiding:  Jeff Miller, Chairman

Members Present:  E. Merklein, Henry Fletcher, Dave DeCoste, Dave Edkins, B. Miller,

Ray Boas, alt.

Members Absent:  S. Sawyer, F. Dill, alt. present in audience as an applicant

Recording:  P. Aslinger, Secretary and alternate

Meeting opened 7:35pm

 

These minutes will be reviewed at the Oct. 11, 2005 meeting. 

All notices were posted and published, all abutters were notified for all hearings.

Ch. Miller designated R. Boas to sit in for D. Edkins, Mr. Edkins arrived a few minutes later, Mr. Boas was un-designated.  E. Merklien stated he would be recusing himself on the Jasse application.

 

Minutes and secretary’s report were passed over until later in the meeting. 

REVIEW OF APPLICATIONS SUBMITTED

Ch. Miller opened the public hearing for the Jasse/Alyson’s Orchard Site Plan Review in the Rural Ag. Zone, Map 4 Lot 44, proposing a 2400 sq. ft. expansion of the events center located at 57 Alyson’s Lane.   (Sec. procedural clarification note:  This application was accepted as presented at the Aug. 9, 2005 meeting under the “expedited review” procedure which allows the Board to accept applications at the time of the preliminary consultation depending on the completeness of the application and is allowed only on lot line adjustments, minor subdivisions, minor site plan reviews.)

 

Mr. Jasse made a presentation describing the new entrance, providing color photos of the new entrance based on a site he visited at Mt. Rainer Nat’l Park.  Described his intent to have most of the orchard traffic enter from Rte. 12.  He stated he was proposing to add 2400 sq. ft of space to his existing events center to accommodate larger weddings, that the proposal is consistent with what is already there, just that they need a bit larger facility to hold larger wedding parties.  He showed the public sketches of the proposal prepared by an architect/artist.

Mr. Miller called for questions from the public, being none closed the hearing and re-opened the meeting.  He then asked for questions from the board members, Mr. Edkins restated Mr. Jasse’s intent which is to put a 2400 sq. ft. addition onto the south end of the building.  Mr. Boas asked whether Mr. Jasse would be enclosing the building before winter, Mr. Jasse said he would be starting the project in November, time allowing  the building may or may not be closed in for the winter.  Being no further questions Mr. Miller tabled action until later in the meeting.  A question came from Carol Dill, asking whether the new entrance would keep out deer, proposed using a cattle guard, Mr. Jasse felt that he might not be able to keep out the deer under any circumstances, citing his present deer fence and its  marginal effectiveness.

 

Mr. Miller then opened the second Public hearing on the Fred and Carol Ann Dill application for a Minor 2 lot subdivision located in the rural agricultural zone located at 250 Old Keene Rd, Map 7 lot 24-2, resulting in 2 lots of 22.09 acres and 22.05 acres.

A motion to accept the application as presented, was made and seconded, vote was unanimously in favor.  (Sec. procedural note:  Mr. Dill appeared before the board on Aug. 9, 2005 meeting on a preliminary consultation basis but did not have a completed application, the board stated they would schedule a Public Hearing for the Sept. 13th meeting provided Mr. Dill submitted a completed application by the notice deadline, which he did.  This satisfies board procedures on expedited review but the application must be accepted prior to opening the public hearing.)

Mr. Dill presented his proposal, noting existing and proposed driveways and lots. He stated that all frontage, lot size, set back requirements for the zone had been met.

 

PLANNING BOARD MINUTES 9/13/05 PAGE 2

Ch. Miller called for questions, Chuck Bingaman asked if the property included access to Rte. 12.  Mr. Dill stated that there is no access to Rte. 12, that Rte. 12 is behind his property but he does not abut Rte. 12.

Being no further questions, Mr. Miller closed the hearing and re-opened the meeting.

Ch. Miller tabled action on the application until later in the meeting.

 

Minutes from 8/9/05 and 8/23/05 were approved as presented by a motion from Mr. DeCoste, seconded by  Mr.Merklien, all in favor.

 

UNFINISHED BUSINESS

Lentex Site Plan Review - Letter from Fire Dept. was read into the record, copy in file, stating that the Fire Dept. had reviewed the blueprints and was confident in the adequacy of the sprinkler system and accesses.  No one was present representing Lentex, their plans may now be signed, they will be notified.

Gohl/Sandri Walpole Village Market Site Plan Review - Sec. stated she had notified Ms. Gohl by letter to appear before the Board to provide landscape plans, approved by Selectmen and Road agent concerning the tree planting and if she would provide a handicap parking space.  No one was present representing Gohl/Sandri, Ch. Miller tabled further action until the October 11, 2005 meeting.

Frontage/zoning interpretation N. Walpole/Cray subdivision - Mr. Edkins stated that he had contacted Tom Reagan and Bob McCormick, zoning commissioners for N. Walpole, they stated that Ms. Cray will submit a variance request, but has not done so yet.  Mr. Edkins stated that Mr. McCormick still maintains that the frontage is not required until the back lot is developed.  Mr. Edkins stated that Mr. McCormick as the zoning administrator can make that call, Mr. Edkins felt that there is no need to “go to the mat” on this issue, that when it reaches the Planning Board the lot can be created as “unbuildable” and labeled as “undevelopable”, that the plans would be filed with the registry of deeds.  He stated that the application will be resubmitted in the near future with a variance and letter from the zoning commissioners.  Members seemed satisfied with the explanation.

 

NEW BUSINESS

Walpole Historical Society - Sec. Aslinger stated that Sue Vose had contacted her by e-mail requesting to be put on the agenda for a possible Site Plan Review, the Society was proposing to remove the existing roof and completely replace it, and to possibly extend the side porch.  Sec. Aslinger informed Ms. Vose that roof replacement would not trigger a site plan review and minor changes to the porch if under $10,000.00 would be exempt from Site Plan Review, that she would ask for Ch. Miller’s concurrence.  Ms. Vose asked to be removed from the agenda via e-mail after the agenda had been posted and said that the Historical Society would be in contact if their plans changed.  Members concurred.

Dance Alpaca Farm - Ch. Miller asked if anyone was present representing the Farm, no one was present, this item will be not be carried on future agendas unless requested by the owners.

Other New Business - Berkshire Development Corp. Site Plan Review Rte. 12 Plaza and baseball field properties.  Larry Wagner of Wagner Engineering, Portsmouth NH began the preliminary consultation presentation stating that he had been retained by Berkshire, and also present were Tim Trainer, James Keough, James Levine.  He stated that the plans he was presenting were “very conceptual” but the result of contact with the town focus groups set up by Berkshire last fall.  He described the ball field property as 9.3 acres bounded by Upper Walpole Road, Rte. 12 and the Shaws property, nothing of note ie; flat, surveyed, no wetlands, town water and sewer, zoned commercial abutting rural agricultural on Upper Walpole Rd.  He presented a basic site map.  The second map showed an overview of a proposed 65 - 70000 sq. ft. main building to be broken into 3-4 units, 340 parking spaces, loading areas, 3 accesses and a second smaller “drive thru” building at the south west corner or point of the triangular shaped property.  He said that they currently do not have specific tenants but have built a good deal of flexibility into the plans.  One access would be off Rte. 12 and they have had a preliminary discussion with Dept. of Transportation and are planning to have formal discussions with DOT soon.

The second access would be on Upper Walpole Rd. to allow customers to avoid the Rte. 12 access, and a third access on Upper Walpole Rd. restricted to delivery and service vehicles at the back of the building. 

He mentioned that the plans take into complete consideration all that is allowed in the Site Plan Review regulations regarding parking and landscape, setbacks and screening.

 

Ch. Miller asked if questions from the audience could be held until Mr. Wagner completed his presentation.

PLANNING BOARD MINUTES 9/13/05 PAGE 3

 

Mr. Wagner showed architectural and elevation drawings representing what the buildings might look like.  Taking into consideration what the Townspeople have suggested, the building is clapboarded with a new low maintenance material, sloping roofs of either standing seam or standard asphalt shingles, dormers and columns, color scheme remains to be decided upon.  He stated that the design conforms to the Town’s zoning and site plan regulations ie; bulk area, setbacks, etc.  He stated that the site plan regulations lack specific criteria on parking stating “appropriate for use”, he used several studies and determined the layout at 5 spaces per 1000 sq. ft., considered “appropriate”.

Mr. Wagner looked over the site plan regulations and checklist, seeing only one waiver request for the storm drainage system, feeling that they may have a better proposal that may be more attractive, instead of incorporated into the parking islands.

 

Tim Trainor announced that he would welcome Board input and answer questions but reminded that this is a very preliminary discussion.   He noted that the existing plaza would also be updated according to the way the new proposal would be designed, feeling it would be better to have both areas resemble one another and that it was time to upgrade the existing plaza. Due to the complicated tenancy, lease and owners agreements, Berkshire has contacted everyone involved for input.  Mr. Trainor stated that preliminarily Ocean State would like to see the new proposal finalized before making a commitment, but are open to participating in a renovation.

 

Mr. Edkins asked if the renovation upgrade would be at the same standards as the new proposal, ie; parking, lanes, lighting, plantings etc.  Mr. Tainor and Mr. Wagner said yes, that they preferred to somehow tie in the two parking lots to keep the Rte. 12 travel minimized and to increase the safety of traveling by car or on foot between the two shopping areas.

 

Ch. Miller asked everyone to state their name for the record before asking questions.

 

Cliff Cooke of Walpole asked where the huge volume of snow would be kept or would it be removed and liked the landscaping but wondered whether it would be practical for snow removal.  He also stated the need to be able to travel within the parking lots.

 

Mr. Trainor and Mr. Wagner stated that to have a “cross access” agreement is complicated by the other abutters and their needs, such as the Bank of Walpole, that a natural connection would be behind the bank, but that it was somewhat complicated at this preliminary stage, that they would be talking to the Bank.  The snow issue hasn’t been specifically addressed on the plans at this point, other than piling it in the surplus parking that has been incorporated, that it would be piled and likely removed, but that they prefer to have it off premises, they would be looking into alternatives.  Rick, manager of Shaws noted that currently snow is being piled at various designated areas.

 

John Hansel of Walpole asked if the new proposed building is under a single ownership, and if the largest part of the new building would be a grocery store and what them would happen to Shaw’s?

 

Mr. Trainor stated that yes it would be a single ownership and that yes it is likely that the largest portion of the building at 40,000 sq. ft. as required in the zoning would be a grocery store, that at this point without a finalized plan he is not soliciting tenants, but that Shaw’s could actually decide to enter the newer space.  Mr. Trainor stated that the process that Berkshire went through to gather Town input payed off in this newly created proposal, stating that their intention now is to stay exactly within the guidelines of the zoning ordinance, ie; limiting retail space to 40,000 sq. ft., that the input from the focus groups convinced them of the intent.  He stated that the focus groups gave them some marketing direction stating the need for a larger grocery store but that Stop and Shop would need a 75,000 sq. ft. area in order to move into an area, so they are no longer interested.  Some chains are comfortable with a 22,000 sq. ft. store like the present Shaw’s, but that Albertson’s who now owns Shaw’s, is currently undergoing some marketing changes.  He stated that the Town’s intent to limit the size of retail spaces was worth conforming to, but that over time things may change and the wisdom of the 40,000 sq. ft. may no longer be fitting, but at this time they were

 

PLANNING BOARD MINUTES 9/13/05 PAGE 4

committed to staying within the zoning requirement, that they would not pursue tenants looking for more space.

 

Paul Happ of Walpole asked whether the Board could approve their Site Plan without knowing who the tenants are and whether we know what use we would be approving.

 

Ch. Miller stated that the Planning Board has no jurisdiction over Berkshire’s marketing, that what we would be approving for “use” would be defined as “retail space”.

 

Mr. Trainor stated that market research will determine the tenants, that zoning controls allowed use.

 

Bob Jasse of Walpole asked if the large 40,000 sq. ft. space is a supermarket, what would prevent a single owner from adding a fish market, meat market etc. to gain more than the zoned space requirement.

 

Mr. Trainor stated that it is not part of the plan, that it can’t be done according to the zoning, that they are not trying to undermine the ordinance by connecting stores, that it would disingenuous, he understood the reason behind the question, and one of the suggestions was made at the focus group sessions to create a farmer’s market style setting that would allow many independents to form a larger than 40,000 sq. ft. space.  He stated again that Berkshire was committed to stay within the requirements and will not be disingenuous.

 

Matt Such of Drewsville asked if market studies will show what the radius of users will be?

 

Mr. Trainor stated that he is not in the market research business but common sense of who will access may be 8-9 miles away from Keene and not sure how far to the west. He said when they solicited input initially, they published a questionnaire in a local paper and on their website, reaching 5-6000 people, that they received back around 3-350 responses with no addresses, so only a specialist could come up with accurate results.  He said of the two group meetings held in Walpole, 10 -12 people came in the morning session and about the same for the afternoon session, that it was clear from those groups the differing opinions of what some prefer over others, noting that while some would encourage patrons from across the river, others felt is more important to limit the store sized to service only those in Walpole, that economic differences also came to light.  He said that it’s been his experience that there are a good amount of retailers in the 3-4000 sq. ft. size range that create a more intimate shopping experience and that surprisingly women’s, children’s and men’s clothing topped the list from “what Walpole wanted”.  He sited an instance of a project that he developed to be made up of several varying retail stores but once it was filled was several women’s clothing stores.  He said he wouldn’t be able to answer all marketing studies until a study was done.

 

E. Merklien asked if Berkshire had plans to include green space within the proposal.

 

Mr. Trainor stated that they would like to incorporate a green space along the north side, to include it in a storm water and possibly snow storage plan, that often the grasses work to filter out salts and oils from parking lots, that it would allow fewer parking spaces to be lost during peak seasons.  He thought they could do picnic tables and flower plantings for the warm months.

 

D. Edkins asked what the existing plaza parking standard is, that he has noticed during the holidays, parking is tight.

 

Mr. Wagner and Mr. Trainor stated that the older plaza has a standard of 3 1/2 to 4 spaces per 1000 sq. ft. asked Rick, manager of Shaw’s if he felt there was adequate parking, Rick stated that since Ocean State had moved in the lot has become more filled, more often especially on weekends and holidays.  The renovation will include a new parking standard.

 

Dan Heath of Walpole asked if there were any current plans to add on to the Ocean State end.

 

Mr. Trainor said they have no immediate plans, that there seems to be a lot of retail space available, it would be years away and the empty space could also provide snow storage as well.

 

PLANNING BOARD MEETING 9/13/05 PAGE 5

D. Edkins stated the need for safe pedestrian walkways, acting as connectors and possibly covered.

 

Hugh Montgomery of Walpole likes the aesthetics of the proposal but cautioned that you don’t have to drive too far from here into the historic area of Walpole which has a sense of scale and intimacy, that he would like to encourage that same scale and intimacy into the new proposal, that the impact of the new proposal eliminates another presently green  space in the community.

 

Mr. Trainor agrees, that what initially attracted them to Walpole, was that the Walpole proper has remained the same for many years, that the commercial area is 3 1/2 to 4 miles away from that asset and is all in one spot,  preventing a commercial assault or attacks of “McDonaldizing” ie; plastic and chrome remakes of what is already here.  He stated that it wasn’t his intent to disturb what is here but to work within what Walpole represents, that proceeding cautiously for the last 2 years to keep everyone informed and to gather input to put forth the very best project within the guidelines of the zoning ordinance.

 

Judy Daniels of Walpole asked if they had considered turning the building to face the existing plaza and feels the need for safe pedestrian walkways is important.

 

Mr. Trainor and Mr. Wagner looked over the plans still concluding that the orientation was suited to the lot and surrounding area.

 

Stephanie Montgomery of Walpole stated that “we do walk”, but she is most concerned with the traffic.

 

Mr. Trainor said that DOT would be making their requirements and that Berkshire would comply.

 

Roman Byron of Walpole asked if Berkshire had actually seen the blueprints that describe access, he wondered whether is was limited.  And whether their intent was to build a mall on the same concept of an outlet he had seen in Brattleboro.

 

Mr. Wagner  and Mr. Trainor said at the pre-scoping meeting with DOT nothing had indicated the access as being limited.  Mr. Trainor stated that there wasn’t a market for an outlet type mall here and that he hired the architect to do an “original” design.

 

Carol Fabis stated her concerns were the impact on the water and sewer, parking and lighting, traffic, and with fast food comes litter.

 

Mr. Wagner stated they have been in contact with water and sewer commissioners, they have an initial impression that it will not adversely effect the system and that retail businesses are a lower impact than some developments.  They will address the lighting during the site plan review process and conform to the requirements using down lighting and be sensitive to their neighbors.

 

John Hansel asked if Stop and Shop or Shaw’s was being considered. 

Mr. Trainor answered that the bigger chains like Stop and Shop won’t operate on a smaller store, but once he has a finalized plan it will be fair game once he takes it to the marketplace, he said that the Town for now will have to live with that.  He is committed to doing the project within the guidelines of the zoning.

 

Chairman Miller asked to stop questions at 9PM.

 

Kathy Haysick  of Walpole asked if the revamp of the existing plaza will be delayed until the new project is finalized, and if they had talked to the Bank about the connecting access.

 

Mr. Trainor stated that he would like the existing plaza to be done starting in the Spring but yes it does depend on the outcome of the new proposal, essentially so the design can be related.  He said they had not spoken to the Bank or other tenants yet, but plan to soon.

 

PLANNING BOARD MEETING 9/13/05 PAGE 6

Ms. Haysick said she is the Bank manager.

 

Dan Heath asked if the current lighting could be redirected since it is of the older spreading type and is shining in his windows.

Mr. Trainor asked him to give him his name so he could have their technician do a simple adjustment, and that new fixtures would be part of the renovation.

 

E. Merklein asked if the architecture could be manipulated to reflect the Town and will some of the new space be devoted to local businesses.

 

Mr. Trainor said they would get more input through the process on architectural design and that once completed the space would be offered to anyone able to pay the rent, whether a local business or outside, he felt it was important to have local business such as a clothing store.

 

D. Edkins asked what their timeframe would be.

 

Mr. Trainor said they would be back in a couple of months.

 

Kathy Haysick asked if there were any other developments to see that Berkshire had built. 

 

Mr. Trainor pointed to the old Fairbanks Plaza in Keene, although he was criticized for cutting down a tree and there was much controversy.  He just recently completed the Dick’s Sporting Goods store in the Monadnock Plaza in Keene and there are others on his website, he’s done over 160 million dollars  of retail space and did a lot for CVS from 1995 to 2000.

 

9PM Ch. Miller thanked him for bringing the proposal to the Board and being receptive to answering all questions.

 

Other New Business:

 - John Hansel representing 250 members of the Walpole Tomorrow group entered into the record a letter proposing zoning changes to be reviewed at subsequent meetings beginning with the work session Sept. 27th.  Copy on file.

 - Asher Construction of 77 Nashua Rd., Sharon, NH submitted an application for a 2 lot subdivision of 3.24 acres located on Center Alstead Rd. in Drewsville, map 15 lot 17 in the Residential A zone resulting in Lot 1 (17) with 2.23 acres and Lot 2 (17-1) with 1.01 acres.  They have filed for State subdivision approval, fees and abutters list included, no existing building present on the lot.  The application qualifies for expedited review.  Motion was made and seconded to accept the application as presented and schedule a public hearing for the Oct. 11, 2005 meeting.  Passed all in favor.

 

Action on Applications Submitted:

Dill 2 lot subdivision - Henry Fletcher made a motion to approve the subdivision as presented, seconded by Ray Boas, passed, all were in favor.

 

Jasse/Alyson’s - Eric Merklein recused himself.  Ch. Miller called for a motion to approve the Site Plan Review as presented.  Bob Miller so moved, seconded by R. Boas.   P. Aslinger noted that the application was pending a special exception from the Zoning Board.  D. Edkins amended the motion to include the condition that the Zoning board grants the special exception.  Motion passed, all were in favor.

OTHER BUSINESS

Ch. Miller said a question had come up from Buck Taylor, who is in charge of the 911 designation.  Mr. Taylor was concerned that the zoning ordinance regarding single and 2 family dwellings per lot was compromised by a recent subdivision granted by the Planning Board, specifically the Dahl subdivision.  Ch. Miller and Mr. Taylor agreed that the intent of the ordinance was that a 2 family dwelling should be all on the same foundation rather than 2 separate foundations connected by a breezeway.  D. Edkins thought

 

 

PLANNING BOARD MEETING 9/13/05 PAGE 7

the board should consider whether it would be “wrong” to have a 2 family building to be configured as such.  The Board agreed to seek further clarification and possibly revise the ordinance.

 

Ch. Miller stated that Meredith Cooper will be at the meeting from SWRPC.

He stated that Jeff Porter regarding the build out study is tentatively scheduled for the October meeting.  Vice Ch. Edkins reminded that the opponents to the zoning proposal from last year have been invited to attend the work session and suggested taking up the Walpole Tomorrow’s suggestions at the same time.

 

P. Aslinger distributed copies of her travel schedule noting she had Regina Borden covering for the Planning Board and Louisa Preston covering for the Zoning Board.

Copies of the Planning board deadlines were distributed, noting it’s use as strictly, in office.  She distributed copies of a revised application form, further changes noted and a revised copy will be ready for the October 11th meeting.  Copies of State and Regional Planning schedules distributed for Planning workshops and the Law Lecture Series.

 

Meeting adjourned at 9:30PM