February 8, 2005

Present: D. Edkins, W. Aldrich, B. Miller, E. Merklein, H. Fletcher, A. Henkel (alt)

Absent: J. Miller, S. Cashel, P. Aslinger (alt)

NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON MARCH 8, 2005.

All notices were posted and abutters notified for all hearings.

The meeting was called to order at 7:30 by Mr. Edkins, acting chair. Mr. Henkel was asked to serve as a regular member.

HEARING #1- US GEN KILLEEN ST N.WALPOLE SUBDIVISION. Mr. Ken Alton, representing US Gen, explained that US Gen owns the dams along the Connecticut River and is selling the Bellows Falls dam to the Town of Rockingham. The company’s maintenance shop for all their dams from the Canadian border to the Deerfield River is located on property in North Walpole. The plan is to divide 1.02 acres from the 13 acres, map 26 lot 1, to isolate the maintenance shop from the rest of that property with the remainder of the property going to Rockingham with the BF dam project.

Mr. Henkel asked about the tax status of the property being sold to Rockingham. Mr. Alton said the 13 acres is contiguous with the dam and that the tax status will not change.

The hearing was closed at 7:35 PM.

HEARING RESOLUTION. Mr. Fletcher made a motion seconded by Mr. Merklein that the subdivision be approved as presented. All were in favor.

REGULAR MEETING. MINUTES OF JAN 11, 2005. Mr. B. Miller made a motion seconded by Mr. Merklein that the minutes be approved as written and placed on file. The motion passed with 5 in favor and 1 abstention (DE).

VOLUNTARY MERGER HUGH AND ELLEN SHAW WENTWORTH RD. Mrs. Shaw explained that a small piece of property that is recorded as being non-buildable has been taxed as a buildable lot. The merger will combine the 1.76-acre lot, map 19 lot 73, with the abutting 13.78-acre lot, map 17 lot 6, also owned by them.

MOTION. Mr. Miller made a motion seconded by Mr. Merklein that the merger be approved as presented. All were in favor.

A new Voluntary Merger form may be necessary and will be forwarded to Mrs. Shaw.

NEW BUSINESS. VIC COSTELLANO UNION ST N. WALPOLE SUBDIVISION. Mr. and Mrs. Costellano said their .67 acre lot on Union St is described in their deed as two separate building lots. They have discussed their plan with the North Walpole Zoning administrator, Mr. McCormick, and the property has enough frontage and acreage for the two lots. Access to the second lot may be through the wooded area that is the end of Union St. They will discuss the road issue with the selectmen. Mr. Edkins said that if the property is already described as two building lots in the deed the Costellanos may not require Planning Board approval to sell one of the lots. There was discussion about whether a survey is necessary. No application was submitted.

Minutes- February 8, 2005- Page Two

NANCY SHEPPARD THOMPSON RD BLA. Ms. Sheppard is proposing an enlargement of 1.5-acres to lot 2 of her Aug 04 subdivision plan.

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

WALPOLE TOMMORROW PETITION. The board was presented with a copy of the petition signed by 70 Walpole residents requesting warrant article 13 to hold a special town meeting to place a moratorium on commercial building greater that 20,000 sq ft and for the review and implementation of the land use plan as described in the Master Plan.

Mr. Edkins said the selectmen have consulted with the NH Municipal Assoc. legal counsel. Mr. Aldrich said that they found that only the Planning Board can call for a moratorium for unusual circumstances requiring prompt attention. Mr. Edkins read into the minutes the letter received by the selectmen from Susan Slack, esquire with the Municipal Assoc, outlining the town’s position. Mr. Edkins said that it will be up to the Planning Board to call a special town meeting if it finds that there are unusual circumstances that need attention before next year’s regular town meeting. The board will need to have findings of fact and a hearing would need to be posted for any interim ordinance.

Mr. Mel Schupack said the town knows there is development pending and that the town needs to protect the community’s interests now, before an application is filed.

Mr. John Hansel asked if the town is now protected from developments over 20,000 sq ft.with the submittal of the petition.

Mr. Edkins said an interim Zoning Amendment must be written and a hearing posted before the town would be able to accept applications under the new proposed requirements. He said the Site Plan Review Regulations have been recently tightened up. He said that once a hearing notice is posted for a Zoning Amendment proposal the board cannot approve any application that is inconsistent with the proposed change. The interim growth moratorium regulation would need to be written by the board based on findings of fact. Mr. Edkins said the moratorium may be challenged by those with an application pending before the board.

Mr. Paul Happ said the moratorium would give the group time to work on a Zoning amendment. He asked about the status of the Master Plan. Mr. Edkins replied that parts of the Master Plan have been adopted and that the board has budgeted money for updates to some of the sections.

Mr. Hansel told the board that the plaza developer owns the land from the ball field to the lumber yard and that plans for each of the parcels will only show a partial picture of the overall plan for the plaza.

Mr. Edkins said the Master Plan is to be used as a guide and that the board has done some work on bringing parts of the Master Plan into the regulations. He said the commercial zone’s layout invites strip development and that this might be relieved by re-zoning portions of that area to non-commercial.

Mr. Bob Jasse said read his September 30, 2004 letter to Timothy Traynor of Berkshire Development that suggests a “Haymarket” type market at the plaza. The response that he received was that the developer’s job is to satisfy the investors in the project.

Minutes- February 8, 2005- Page Three

Mr. Henkel said Peterborough placed a moratorium on residential development and that the citizens group there focused on preparing a range of findings of fact that the Planning Board could choose from. He said there were 10 different statistically valid statements that said why the moratorium was urgent. He said another group worked on the wording of the proposed ordinance. He gave examples of the types of findings of fact that were presented such as an increase in subdivision applications, and increase in building permits being issued. Mr. Merklein suggested that the group consult with professionals such as those at SWRPC.

Mr. Edkins said the Planning Board has a specific procedure that must be followed. He said he is familiar with residential growth moratoriums, but has not seen commercial growth moratoriums. He said a 20,000 sq ft development can cover farmland just as well.

Mr. Hansel said one goal is to keep Walpole from becoming a regional shopping center. Mr. Edkins said that many businesses already in existence here rely on customers from beyond the Walpole boundary. Mr. Hansel said that people in the area are currently willing to travel to Keene or Claremont to shop, but that if the opportunity to shop in Walpole was presented they would come here.

Mr. Henkel said the board must consider things that are, not those that could be. He suggested facts such as and increase in the traffic count, an increase in traffic accidents, and an inability to keep up with road maintenance. Mr. Schupack said that studies are available on the size needed for a profitable grocery store.

Mr. Chuck Binghaman asked if the Planning Board would accept an application for a 50,000 sq ft building. Mr. Edkins said the board would be required to accept the application and to hold a hearing. The board would also be required to not approve the proposal because it does not comply with the regulations. The applicant’s recourse would be then to appeal the decision or to apply for a Variance based on a hardship unique to the property.

Mr. Merklein said “anticipated realities” could be looked at. Mr. Henkel said the Town of Peterborough’s website should have all the information on the findings of fact.

FRED DILL BLA ROUTE 12. Mr. Dill is proposing a boundary line adjustment that will annex about 4-acres from the 20-acre “Bailey property” recently purchased by Mr. Dill and the 2-acre property surrounding Fall Mountain Building Supply. He said the property has a ROW from Dearborn Circle for cars and emergency vehicles, but that it not a building lot because it lacks the 200ft frontage. He said the property being annexed will include the flat area directly behind the lumber store and the embankment between there and the flat area of the Bailey property. He said corn will be planted on the Bailey property this year, but that his future vision for the property includes a farm-house style building for offices and additional buildings in a “farm setting” for local retail businesses. He said a movement toward a moratorium implies trouble brewing and that it could affect property values.

MOTION. Mr. Miller made a motion seconded by Mr. Fletcher that a hearing be set for the March 8 meeting. All were in favor.

OTHER. Registration information for the annual Planning/Zoning Conference was distributed. The Planning Board vacancy will be filled in on a write-in campaign.

Minutes- February 8, 2005- Page Four

Mr. Edkins said a protest petition is expected on the apartment density ordinance and that if that happens a 2/3 vote will be required for the ordinance to pass. Mr. Edkins briefly explained the contents of the proposed ordinance that will limit the apartment density in the commercial zone to two units per 25,000 sq ft lot.

ADJOURNMENT. Mr. Merklein made a motion seconded by Mr. Miller that the meeting be adjourned. All were in favor. The meeting adjourned at 8:45 PM.

Respectfully submitted,

Judy Trow, secretary