April 12, 2005

Present: J. Miller, D. Edkins, S. Sawyer, B. Miller, E. Merklein, H. Fletcher, D. DeCoste, P. Aslinger (alt)

Absent:

NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON MAY 10, 2005.

All notices were posted and abutters notified for all hearings.

The meeting was called to order at 7:30 PM.

HEARING #1- 504 MAIN STREET LLC BLA. Mr. Fred Dill’s plan was presented by Mr. Aurelius DiBernardo, surveyor. He said the plan is to divide 4.3 acres from the “Bailey” property, Map 12 lot 13, and to annex it to the Fall Mtn Building Supply lot, map 12 lot 55-4. The new lot line will be at the base of the hill. Mr. Richard Carey, abutter, asked what zone the property is in and its intended use. Mr. Dill replied that the two lots are in the commercial zone and the annexation is to be used for expanded storage of building material for Fall Mtn Building Supply.

The hearing was closed at 7:35 PM.

HEARING #2- NANCY SHEPARD 76 THOMPSON RD BLA. Ms. Shepard is proposing a 1.58-acre line adjustment to map 8 lot 99 at 76 Thompson Road. The divided property will be annexed to her abutting lot that was subdivided in August 2004. The resulting lot will be 7.65-acres.

The hearing was closed at 7:40 PM.

HEARING #3- JH DUNNING CORP 5 DUNNING LANE N. WALPOLE 2-LOT SUBDIVISION. Mr. Joseph DiBernardo, surveyor, presented the plan to divide the property, map 30 lot 56, into two lots of 3.7-acres and .8-acres. This will result in the office building being on its own lot. He said there is no minimum lot size or frontage in this part of town and that the front and side setbacks are ok. Mr. Edkins said that the new property lines do not impact the non-conformity of the existing buildings.

The hearing was closed at 7:43 PM.

HEARING #4- HOWELL, PECOR AND DIBERNARDO 23 CHURCH ST N.WALPOLE BLA. Mr. Aurelius DiBernardo presented the plan to straighten out the boundary line of two lots, map 28 lots 80 and 81. The Pecor property has an apartment building on it and the abutting Howell/DiBernardo property has a store on it. Both lots are along the RR tracks. Minimum lot size is not an issue according to Mr. DiBernardo. The plan will divide a .01-acre parcel from the .14-acre Dibernardo/Howell property and be annexed to the abutting Pecor lot. A 292 sq ft parcel will be divided from the .13-acre Pecor property and annexed to the Howell/DiBernardo lot.

The hearing was closed at 7:46 PM.

HEARING #5-FALL MOUNTAIN BUILDING SUPPLY NORTH MEADOW PLAZA SITE PLAN REVIEW. Mr. Jeff Michaud explained that he is the president of the store and leases the property from Mr. Dill. He is proposing an expansion of the business into the proposed annexation

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area. His plan includes a 50’ X 200’ pole barn to be located about 50’ from the existing pole barn. He said no trees are to be cut and that the yard is dirt down to the property line with Mr. Carey. There is a pipe from the plaza property to the back of the lot. He said he spoke to his three main abutters and is proposing a stockade fence along the property line with the residential area and a wire fence around the rest of the yard. The white pines that are part of the buffer zone will not be touched. The fence will be attached to the immediate shed and all the new construction will be behind the existing store. The gate in the back of the property will be extended to the line. There will be a new flag pole and three light poles on a timer for when employees are leaving the store in the winter. He is proposing an additional pole with a switch to light the storage yard behind the store. He said the store hours are 7-5 Monday through Friday and 7:30 -2 on Saturday. They are closed on Sunday.

Mr. Richard Carey, abutter, said there is an easement over the back of the property to Dearborn Circle and requests that a restriction be made on the easement use because it goes into a residential area. He requests that the back yard light also be put on a timer instead of a switch so that it is not mistakenly left on. He thanked Mr. Michaud for the fence plan and suggested extending the white pine green belt to the boundary. He spoke in favor of the proposal is lieu of the above suggested items.

Mr. Edkins asked if the yard will be paved. Mr. Michaud said the yard is not to be paved. The tree line is about 15’ away and the yard is lower than the bank. There is a culvert that will take the storm water to the drainage pond. The existing snow removal system pushes the snow toward the Route 12 side of the lot and toward the settling pond on the plaza side. The new plan will result in a better snow removal system. The snow will stay in the yard. The seasonal items will be moved away in the winter. He said the silt will be trapped in the catch basin and the culvert will take the water to the pond at the foot of the bank and there will be no erosion. Mr. Edkins asked about salt and oils on the pavement going into the pond via the storm water drainage. Mr. Michaud said he has had environmental studies done on the lot. He does not use sand on the lot because it tracks into the store and gets on the lumber. He uses salt and sometimes calcium chloride.

The hearing was closed at 7:58 PM.

REGULAR MEETING. MINUTES. There was no March meeting due to the weather. MINUTES FEBRUARY 8, 2005. MOTION. Mr. Fletcher made a motion seconded by Mr. Merklein that the minutes be approved as presented. All were in favor.

NEW BUSINESS. EVELYN HILL OLD KEENE ROAD SUBDIVISION. Mr. Bill Lawrence, surveyor representing Ms. Hill, said the proposal is to divide the existing 7.5-acre lot, map 4 lot 17, into two lots of 1.7-acres with the existing house with well and septic system and a 6.2-acre lot.

MOTION. Mr. Edkins made a motion seconded by Mr. B. Miller that a hearing be set for the May meeting subject to and pending the receipt of a completed application and all required fees. All were in favor.

VICTOR AND MARIA CASTELLANO MARSHALL AVE N.WALPOLE SUBDIVISION. Mr. Bill Lawrence, representing the Castellanos, is proposing a 2-lot subdivision of map 30 lot 23.

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The existing house is on town sewer and water. The subdivision will result in lot of .31-acres and .4-acres. Mr. Sawyer said the proposed driveway is on a non-approved road and that it requires highway department approval. He said he believes the town has not discontinued that road and that the town has a deed for it. Mr. Lawrence said the road is shown on a 1920’s map and that he could not find evidence of it having been discontinued by the town although it has trees growing on it now. Mr. Sawyer said there are drainage problems in that area too. Mr. Edkins said that at best the road is a class VI road that is not maintained by the town and therefore the proposed subdivided lot has no frontage on a town maintained road.

Mr. Lawrence proposed an alternative plan to divide the lot from the house lot and to annex it to the Castellano’s other abutting lot.

MOTION. Mr. B. Miller made a motion seconded by Mr. Edkins that a hearing be set for the May meeting for an annexation- boundary line adjustment subject to and pending the receipt of a completed application and all required fees. All were in favor.

MERRIAM FARM CLASS VI ROAD SUBDIVISION. Mr. David Keurulainan, representing Merriam Farm, said they are looking to upgrade Merriam Road so that they can subdivide their property. He said there is 2300’ of Class VI road before their property line. Lots 1-9 would be divided in phase I of the plan, and lots 10-16 would be divided in phase II of the plan. The property abuts conservation land and is in the Timberland zone. The access from the Surry side of the property is also a Class VI road.

The Planning Board received a letter from the Walpole Conservation Commission requesting that the board not take any action on the request until all current violations on the Merriam Farm property are taken care of to the satisfaction of the State and the Conservation Commission. Mr. Keurulainan said the selectmen referred him to the Planning Board regarding the Building on a Class VI road resolution. Mr. Edkins asked Mr. Keurulainan if it was his intent to upgrade Merriam Road to a Class V road and to ask the town to take over maintenance of it. Mr. Keurulainan said it would be okay with him to have the road remain a Class VI road with private maintenance of it. Mr. Edkins said a subdivision requires frontage on a class maintained road. Mr. Keurulainan asked if a Variance could be requested. Mr. Edkins said the selectmen have authority over the upgrading of roads. Mr. Keurulainan said the property was subdivided into 2-lots in 1971. All lots will be in the Timberland zone. He said the property that was given to the town was part of the farm at one time. Mr. J. Miller said a subdivision is not allowed to have a dead-end road greater than 600’ in length. He said the road would be considered a dead-end unless the Surry end was opened up. Mr. J. Miller said uses permitted in the Rural/agr zone are also permitted in the Timberland zone through a permit with the ZBA upon recommendation from the Planning Board.

It was the consensus of the board to not take any action on this until the board receives a letter from the Conservation Commission stating that all violation issues have resolved to the state’s and the CC’s satisfaction. The violations stem from the logging and recreational use that has taken place on the property.

WALPOLE TOMORROW FINDINGS OF FACT. Mr. John Hansell, representing the group, asked that the group be allowed to present their findings of fact to support a request for a special

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town meeting at the May Planning Board meeting. The special town meeting would be held to consider a moratorium on commercial building greater than 20,000 sq ft. Mr. J. Miller said the goal would be for a Zoning Ordinance amendment to be written for the Planning Board to present on the 2006 town meeting ballot. Mr. Edkins said the group will need to present a compelling case that the zoning change can not wait until the regular 2006 town meeting. Mr. J. Miller said the Planning Board did adopt a re-quantified Site Plan Review regulation that gives the board more tools to its involvement in creating more attractive developments.

OLD BUSINESS. 504 MAIN ST LLC BLA RESOLUTION. MOTION. Mr. Fletcher made a motion seconded by Mr. Merklein that the proposal be approved as presented. All were in favor.

FALL MOUNTAIN BUILDING SITE PLAN REVIEW RESOLUTION. MOTION. Mr. B. Miller made a motion seconded by Mr. Merklein that the site plan be approved as presented. Discussion. Mr. Edkins said he has reservations regarding the drainage issues. He said he doesn’t like that the salty run-off from the lot will be going into the pond. Mr. Sawyer said the salty run-off from Route 12 probably goes into the pond too. Mr. Michaud said the dirt and sand will go into the deep catch basins before the water goes to the pond. Mr. Edkins suggested configuring the pipe outlet in a way that would keep the oils floating on the top of the water from going into the pond. Mr. J. Miller said the lighting plan is part of the site plan, as are the requests of the abutter, Mr. Carey. Mr. J. Miller explained that because of the cancellation of the March meeting, at which Mr. Michaud would have presented his application, the checklist for site plan review was waived. Ms. Aslinger asked that the board and applicant fill out a checklist for the file.

VOTE ON THE MOTION. All were in favor.

JH DUNNING SUBDIVISION RESOLUTION. MOTION. Mr. Edkins made a motion seconded by Mr. Merklein that the subdivision be approved as presented. Mr. Sawyer added that the subdivision is part of a bigger project involving a block grant that will be used to fix up the JH Dunning building for a start-up business incubator project. VOTE ON THE MOTION. All were in favor.

NANCY SHEPARD BLA RESOLUTION. MOTION. Mr. Fletcher made a motion seconded by Mr. Edkins that the BLA be approved as presented. All were in favor.

HOWELL/PECOR/DIBERNARDO BLA RESOLUTION. MOTION. Mr. Edkins made a motion seconded by Mr. Merklein that the BLA be approved as presented. All were in favor.

There was discussion about the future submission and acceptance of Site Plan Review applications as written in the regulation.

ELECTION OF OFFICERS. Mr. Sawyer made a motion seconded by Mr. Edkins that Mr. J. Miller be nominated to be chairman. All were in favor. Mr. J. Miller made a motion seconded by Mr. Merklein that Mr. Edkins be nominated to be vice chairman. All were in favor. The board can

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have up to five alternates. Mr. Sawyer recommended that the board consider Mr. Fred Dill as a candidate to fill an alternate position. The board will consider the filling of alternate positions at the May meeting.

CAPITAL IMPROVEMENT PLAN. Mr. J. Miller said there has been a change in personnel at SWRPC and that he’ll get an update on the status of this project. Money has been budgeted for this expense according to the bid submitted by SWRPC. Mr. Sawyer said he believes the town operations are in good shape. Mr. J. Miller said some developments have a dramatic impact on the town and therefore the focus of the capital improvement plan is to be able to put into place development impact fees.

MERRIAM FARM. Mr. Sawyer said access to the property was sought through UNH property via a ROW. The town is interested in purchasing that property if it becomes available. There was some discussion about the status of the 1971 subdivision. Mr. J. Miller said there are two lots if it has been registered at the registry of deeds, has been taxed as two lots by the town and the deed shows there are two lots. The road can not be upgraded from a Class VI without the vote of the town.

ADJOURNMENT. Mr. Sawyer made a motion seconded by Mr. Edkins that the meeting be adjourned. All were in favor. The meeting adjourned at 8:55 PM.

Respectfully submitted,

Judy Trow, secretary