TOWN OF WALPOLE, NH 03608

 

PLANNING BOARD MEETING

JANUARY 24, 2006

7:30 PM – Town Hall

 

Unapproved Minutes

 

Members Present:  Jeff Miller – Chair; David Edkins – Vice-Chair; David DeCoste, Henry

            Fletcher, Eric Merklein, Robert Miller, Sheldon Sawyer; Ray Boas, Alternate

 

These minutes will be reviewed at the February 14, 2006 meeting.

 

All notices were posted and the public notified for all hearings.

The meeting was called to order at 7:40 P.M. by Jeff Miller.

 

The roll call was taken and a full Board was present.  Therefore, the Alternates will not be called upon to sit as regular members.  (Fred Dill, Alternate, was absent).

 

There were approximately 53 people in attendance.

 

Jeff Miller announced that the Planning Board scheduled three Public Hearings tonight concerning proposed amendments to the Zoning Ordinance.  In March, at Town Meeting, there will be a total of six Zoning changes proposed on the ballot, two of which are proposed by petition.  The four remaining amendments are proposed by the Planning Board.  An Amendment for the revision of the Flood Plain Ordinance and the revised maps is essential for the Town to approve and the Planning Board hopes that the voters will consider that vote as positive.  Without approval the Town might not be eligible to participate in the National Flood Insurance Program.  It will affect all properties located in the flood plain areas. 

 

PUBLIC HEARING NUMBER I:

Proposed Amendment #5:  Definition of Dwelling as proposed by the Planning Board to add to Article XVII Definitions:

“Add to Article XVII Definitions:  P. Dwelling: Means a building of common foundation.  A one or two family dwelling will share the same foundation per lot.”

 

Jeff Miller read the above proposed Amendment.  The Planning Board has had interpretations that separate dwellings connected by breezeways are allowed and the Planning Board feels that this is contradicts the spirit of the Ordinance and where 2-family dwellings should all be on one foundation.  Buck Taylor mentioned this when he was doing E-911 addressing.  This proposed Amendment will clarify this issue so when the Board of Selectmen is considering approval of Building Permits for 2-family dwellings the entire building will be on the same foundation.  This is an addition to Article XVII-P of the Zoning Ordinance.  Dave Edkins said this will close a big loop-hole.  There were no comments from the public in attendance.  Jeff Miller closed the Public Hearing at 7:45 P.M.

 

PUBLIC HEARING NUMBER 2:

Proposed Amendment #4: Commercial District Article VI as petitioned by Walpole Tomorrow Group: 

Whereas the current wording of the Zoning Ordinance for Article VI, Commercial District, Paragraph B, Uses Permitted subparagraph 3: “Shops, restaurants and other retail

Walpole Planning Board Meeting – January 24, 2006 – Page 2

 

establishments not exceeding 40,000 square feet in gross floor area.”  We propose to change the wording of The Zoning Ordinance, Article VI.  Commercial District, Paragraph B, Uses Permitted subparagraph 3 to read:  “One or more shops, restaurants, and other retail establishments in a single building providing the building does not exceed 40,000 square feet in gross floor area.”

 

Jeff Miller turned this portion of the Public Hearing over to John Hansel, representing the Walpole Tomorrow group, Petitioners of proposed Amendments No. 4 and No. 6.  Mr.  Hansel thanked Judson Gooding for coming to the meeting as he is now living in Keene but was a leader in the formation of the Walpole Tomorrow group.  Dr. I. Tucker Burr was not in attendance but was also mentioned as being an organizer.  George Graves is present and is the kind of person that would like to see Walpole stay the way it is. 

 

Mr. Hansel had previously submitted a letter to the Planning Board, dated January 10th, 2006, along with their “Reasons for Proposed Change In Size of Retail Establishments Permitted In Walpole”, “Explanation of Proposed Changes to the Zoning Ordinance”, “Reason for Proposed Change in Parking Lots Permitted in Walpole Zoning Ordinance” and “Explanation of Proposed Changes to the Zoning Ordinance” and began by reading portions of the document (a copy is attached for the record).  They previously succeeded in having a short paragraph added to the Zoning Ordinance allowing for “shops, restaurants and other retail establishments not exceeding 40,000 square feet in gross floor area”.  In presenting the Master Plan to the public when it was endorsed by the Planning Board on May 9, 2000, the minutes state the following: “Mr. Charles Miller, Chairman of the Master Plan committee, summarized the document by saying that Walpole citizens like Walpole the way it is.  The town is rural-based and residents do not want it to become a scenic/tourist center or a retail center”.  Mr. Hansel asked for additional input from the public. 

 

Ben Davis stressed the goals of the Master Plan.  It was to keep Walpole at the scale that it is now but not stop growth.  They want to take action ahead of time by limiting the size of buildings to meet the goals rather than create a regional center.  Walpole has strong property values because people can get away from giant complexes and traffic snarls.  We should protect our property values.

 

Barbara O’Connor agrees with Ben Davis when he indicated that property values are protected.  She spoke about Charleston, South Carolina, where problems of space made them zone carefully and build smaller buildings.  As a result, property values are extremely high.  We do not want Walpole to become like Keene with constant development and a lot of traffic. 

 

Adrien Basera stated that it is better not to have sudden box development.  They want to retain the quality of life and of good jobs.  He wants to preserve property values and see taxes stay down.  He doesn’t like to see a lot of low quality jobs and no housing for those employees.  He supports these two proposed Amendments.

 

Pauline Barnes said they are newcomers to Town, having lived here for about one year.  They want the virtues of slow growth and for people to think conservatively.

 

Carter Lake has lived here for less than a year.  Prior to living in Walpole they lived in northern California.  He is a developer; most of his work is industrial in nature, he supports jobs, the betterment of the environment and something that gives back to the economics.  He knows that

Walpole Planning Board Meeting – January 24, 2006 – Page 3

 

with buildings larger than 40,000 square feet it is tough to find somebody to take the space.  We have to understand what the visions are for Walpole.  It is about choices and not trends.  What do we want Walpole to be 5-to-10 years down the road?   Walpole should be considered as a “brand”.  What kind of jobs are you going to create and is the development an asset to the community.

 

Wayne Wallace has only been here less than two years and came from Ludlow.  They saw a lot of development there; property taxes went berserk.  They were attracted to Walpole because of the way it is.  You have to channel development.  The present mall is a tawdry looking place and he would like to see it spruced up.  He is in favor of limiting growth until we have a chance to see what we like.  He has a business in Bellows Falls where he sees a Town that could use some help.

 

An unidentified resident asked how big the Ocean Lots store is.  The response was about 36,000 square feet.  He asked if you can now build a building next to each other?  Sheldon Sawyer responded as long as they are one inch apart.  Set-backs in Walpole were discussed.  Carter Lake said that consideration needs to be given to Floor Area Ratio (FAR).  Dave Edkins said the current regulations say no individual store can have an area of more than 40,000 square feet and this was specifically addressed at the time of the proposed Wal-Mart being built.  It was very specific about single stores. 

 

Tim Traynor, Vice-President of Berkshire Development, stated that he had met with a large group of residents in the past and somebody said let’s take it slow and then he went back to the drawing board.  He heard the message loud-and-clear.  People will occupy that 40,000 square foot building.  The property is in the Commercial District.  He does not want to impact the property values.  He spoke about the present Shaw’s Store shelves quite often being almost empty, the store is too small for a grocery store as they do not have any place to stock everything so they are putting in higher cost products so the customers are paying more than in the Keene store.  Some developers come in and make a killing but they expect a 7-1/2% return; it is a long-term investment for them.  He is trying to do a complete renovation and made that presentation before.  He wants to incorporate it into a single design with a new facility and with long-term leases.  He is familiar with Charleston, South Carolina; they have commercial properties outside of town.  He knows that Walpole has very good zoning and the laws are strict.  Many young families find it difficult to take all of their kids to Keene and they would rather shop here.  Professional mothers said they would rather stay here and it saves gas.  He took information from the survey they conducted.  Berkshire is not interested in creating havoc but rather is interested in making a positive change.  They are trying to be responsible.  This is a significant piece of property that is zoned commercial and the building will be about 70,000 square feet because the property will support that.  The property will be screened.  They would like to be able to connect the parking lots together and avoid having people drive out of one center and go in to the other.  They still plan to develop the property but will continue to listen.       

 

Mel Schupack said we have to pay attention to the size of buildings and define growth.  The town he used to live in was able to control growth because of site plan review and zoning.  The town grew a lot more and this town will too; the town has to be able to retain its dignity.  The size and design were determined by the Planning Board.  It is the future of the town that they are concerned with.

 

A resident stated that Shaw’s belongs to Albertsons.  In Philadelphia the local stores do not have any problems with stocking. 

Walpole Planning Board Meeting – January 24, 2006 – Page 4

 

Tim Traynor spoke about the IGA when it was in the Village.  These type stores work in an urban community but in a commercial district they draw from different shoppers.  It is possible that Shaw’s will close at some point as that store is losing money. 

 

An unidentified resident said the whole intent was to limit the size of the building.  He feels that the failure of Shaw’s is the character of the building.

 

An unidentified resident feels that aesthetics are important.  The building that Shaw’s and the Ocean Lot stores are in is hideous.  Dave Edkins explained that the Planning Board through the Site Plan Review process has the ability to require screening to make buildings more attractive and less obtrusive.  They do not have the detailed architectural authority but do have authority to review what a building will look like. 

Jeff Miller closed the Public Hearing on Number 2 at 8:40 P.M.

 

PUBLIC HEARING NUMBER 3:

Petitioned Amendment #6: Commercial District Article VI as petitioned by Walpole Tomorrow Committee:

To change the wording of The Zoning Ordinance, Article VI, Commercial District, Paragraph D to read:  “If any proposed use is such to attract vehicles, ample space shall be provided on the property to park and load such vehicles.  One or more retail establishments may be served by the same parking facility providing their total gross floor area does not exceed 40,000 square feet.” 

 

John Hansel feels that the Berkshire project will become a big campus with a mall.  There could be 400-500 parking spaces and then you add the new buildings.  There could be 1,000 vehicles with Reel-to-Real.  After you have a stop light Walpole will never be the same.  Another step is traffic.  He talked to the Department of Transportation and they are reviewing this proposal now.  Walpole Tomorrow is proposing small parking lots that can be landscaped; he read their proposal for the parking lots.  We have to look at the lighting; it will look like an airfield and probably have 24-hour lights.  The Master Plan instructs us to “preserve the town land” and “open spaces” and prevent Route 12 from becoming “a congested unattractive area”. 

 

Peter Hocking questioned the two or three entrances where now there is one.  John Hansel said the Master Plan recommends that 50% open space be left; they do not want to see the whole place tarred over.  Jeff Miller noted in the new Site Plan Regulations they have parking and landscaping standards. 

 

Harry Bernard asked what good is the Master Plan if we do not follow it.  Dave Edkins responded that it is a guidance document but does not have any regulatory standing.  Jeff Miller said a Master Plan is required by State law.  Ben Davis said then it is the legal duty of the Planning Board to carry out the Master Plan. 

 

Robert Jasse asked if it is possible to have a moratorium on such projects.  There seems to be a lot of confusion over the Master Plan and the Planning Board’s obligations.

 

Tim Traynor advised that they looked at the Zoning before they made an investment in the community but they did not look at the Master Plan.  There are people here expressing their sentiments.  They won’t be discouraged from developing the property.  If they have to have two parking lots he will deal with that.  Lighting is needed for safety; the lighting level will be lower

Walpole Planning Board Meeting – January 14, 2006 – Page 5

 

for one parking lot.  They came here and understood that there was a limitation of 40,000 square feet on the building and it isn’t problematic for them but they are concerned with the proposed parking amendment.

 

Carter Lake feels there is a need to read the Master Plan; it is an asset; let’s not relax our guidance.

 

Dave Edkins said the Master Plan comments are being put forth as hard-and-fast regulations but they are not meant to be that; it is an advisory document. 

 

John Sise said Wal-Mart got us all excited; the town stopped that from coming in.  The Town is growing too fast.

 

Sheldon Sawyer noted that the Town had very little commercial development in the last ten years.  We have had new houses, more cars and more traffic.  He has not heard one person say they wished that they had not moved to town.  There are a number of new houses and they are eating up the countryside.  There are only a few farms left.         

 

Jeff Miller summarized by stating that both of these proposals will be on the Warrant and ballot and everyone will have a chance to vote them up-or-down.  The only function of the Planning Board is to hold the Public Hearings and to state whether they support them or not.  There will be a Public Hearing on the Berkshire Development project on Tuesday, February 14th, 2006. 

 

Attorney Tom Hanna is representing Berkshire Developers.  The Planning Board implemented very detailed Site Plan regulations.  He is concerned about several comments about the Master Plan that were taken out of context.  He would like the Board to consider No. 9 on page 22 of the Ordinance.  The Planning Board knows they aren’t talking about all of Route 12; most of it is through controlled access; only a small area was devoted to commercial property.  There were a number of good comments made at this meeting.  These Amendments will make the existing shopping center non-conforming. 

 

Jeff Miller closed this Public Hearing on Number 3 at 9:40 P.M.

 

Jeff Miller opened the regular meeting.

 

PROPOSED AMENDMENT #5:  Definition of Dwelling as proposed by the Planning Board to add to Article XVII Definitions:

Sheldon Sawyer moved in favor of putting the Definition of Dwelling on the Warrant.  David DeCoste seconded the motion.  With seven members in favor, the motion carried.

 

Sheldon Sawyer moved that the Planning Board will recommend and support this Amendment.  David DeCoste seconded the motion.  With seven members in favor, the motion carried.

 

PETITIONED AMENDMENT #4 (Building Size):  Commercial District Article VI as petitioned by Walpole Tomorrow Group:

Eric Merklein noted that Walpole is growing too fast; we are threatened by the size of shopping malls.  People look to the Board for guidance but we should listen to the people who came before us and he would urge the Board to vote “yes”.

 

Walpole Planning Board Meeting – January 24, 2006 – Page 6

 

Eric Merklein moved to vote to recommend approval of Amendment #4.  Henry Fletcher seconded the motion.  Eric Merklein and Robert Miller were in favor.  With four members opposed, the motion was defeated. 

 

Dave Edkins moved to not recommend Amendment #4.  David DeCoste seconded the motion.  Eric Merklein and Robert Miller were opposed.  With four members in favor, the motion carried.

 

PETITIONED AMENDMENT #6 (Parking Lots):  Commercial District Article VI as petitioned by Walpole Tomorrow Committee:     

Dave Edkins does not recommend supporting this amendment because it isn’t based on good planning or design, it is just intended to make things inconvenient and more difficult for our citizens and shoppers as well as any other private developers.

 

Dave Edkins moved that the Planning Board not recommend Amendment No. 6.  Sheldon Sawyer seconded this motion.  With seven members in favor, the motion carried.

 

Adjournment:  Sheldon Sawyer moved to adjourn this meeting.  Dave Edkins seconded the motion.  With seven members in favor, the motion carried at 9:55 pm.

 

Respectfully submitted,

Regina Borden, Recording Secretary

 

 

Cc:  All Planning Board members, ZBA, Selectboard Office, Fire Dept., Town Clerk

Posted:  Town Hall, Burdick’s Market and Town Website.