TOWN OF WALPOLE, NH 03608

 

PLANNING BOARD MEETING

FEBRUARY 14, 2006

7:30 P.M. – Town Hall

 

Unapproved Minutes

 

Members Present:  David Edkins – Vice-Chair; David DeCoste, Henry Fletcher, Eric Merklein,

Robert Miller, Sheldon Sawyer; Ray Boas, Alternate and Fred Dill, Alternate (Absent: Jeff Miller - Chair)

 

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

 

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

The meeting was called to order at 7:35 P.M. by Vice Chair David Edkins.

 

The roll call was taken and it was noted that Jeff Miller was absent.  Mr. Edkins called upon Alternate Member Fred Dill to sit on the Board in Mr. Miller’s place.

 

APPROVAL OF MINUTES - JANUARY 10, 2006 AND JANUARY 24, 2006 MEETINGS:

Sheldon Sawyer moved to approve the Minutes of the January 10 and January 24, 2006 Planning Board meetings as printed.  Seconded by Robert Miller.  Fred Dill abstained as he was not present.  With six members in favor, the motion was approved.

 

NEW BUSINESS:

WALPOLE CHOCOLATES LLC:  Kathy Watson, representing Larry Burdick owner of Walpole Chocolates LLC, displayed a sketch for the renovations to the former R.N. Johnson building on Main Street.  There are no significant changes to the exterior; basically it will involve interior work with a different front outside door.  The chocolate manufacturing and shipping operations will be moved into the building. Ernie Vose, Chair of the ZBA, confirmed that they have already been to the Zoning Board of Adjustment meeting and met the requirements but the Special Exception is contingent on the approval of the Planning Board to grant a change of use to Industrial in a Commercial area.   

 

Sheldon Sawyer moved to place the application for Walpole Chocolates LLC on the agenda for the March 14th meeting subject to the receipt of an application and four copies of the plans.   Seconded by Robert Miller.  With seven members in favor, the motion was approved.

 

REVIEW APPLICATIONS SUBMITTED: ACCEPT/REJECT/DELAY:

 

WALPOLE PROPERTIES LLC - Two buildings with several retail establishments and associated parking and driveways, located on Main Street (Route 12) and Upper Walpole Road (a/k/a Dearborn Road), Commercial Zone, Map 12, Lot 56.  Purpose is to build a 70,087 sq. ft. building, including common halls and loading areas.

 

Mr. Edkins recognized the applicant to present an over-view of the proposed project.

 

Dan Levine, Berkshire Development, was asked to attend this meeting by Tim Traynor, Vice-President, who was unable to attend due to a personal conflict.  He introduced Lawrence Wagner

Planning Board Meeting – February 14, 2006 – Page 2

 

of Wagner Engineering Associates, Inc., Robin Brustlin of Vanasse, Hangen, Brustlin, Inc., and Richard Roberts of Omega Design Architecture, Inc. 

 

Larry Wagner explained that this property is bound by the Upper Walpole Road, Route 12 and the North Meadow Plaza on the north side of the site.  The site is currently the Little League field.  It was evaluated for wetlands and there are none.  It is in the Commercial Zone.  Walpole Properties is proposing a 68,107 square foot building that will be comprised of four different units with the largest unit being less than 40,000 square feet so it would comply with the zoning.  The second building will be 1,980 square feet and will be retail or a restaurant.  None of the uses have been defined at this time.  There will be about 370 parking spaces in the front of the building.  The main access for customers will be off Route 12, the second access is off the Upper Walpole Road and a third access is on the north end of the site for truck deliveries.  They have had further discussions with the Department of Transportation (DOT) and they feel that the driveway could be aligned better with the Diamond Pizza driveway if it was moved about 50 feet down the road. 

 

Robin Brustlin reported that Vanasse, Hangen, Brustlin, Inc. did a full comprehensive traffic study.  The study area focused on Route 12, the Upper Walpole Road and surrounding area.  When they started laying out the accesses they realized that it did create a problem with Diamond Pizza, thus they agree with the driveway change as recommended by the DOT; it is a safety improvement.  An additional lane was added for people making a right hand turn into the area and there will be a separate left hand turn.  The DOT has determined that a signal light is not warranted at this time.  They tried to provide a plan so that if a signal light is warranted in the future then they can install it.  Some minor recommendations, including a stop sign, have been made for the triangle in the road for the Upper Walpole Road and Route 123.  Sheldon Sawyer said they are looking at that intersection in conjunction with the replacement of the bridge. 

 

Ms. Brustlin mentioned that there is an easement for a cross connection between the two centers.  For pedestrian circulation they added a sidewalk along the north boundary line near the Shaw’s building so pedestrians can walk back and forth.  There is a detailed lighting plan.  The locations of the 30’ poles are shown on the Site Plans and they meet the requirements.  There is also a detailed Landscape Plan with proposed street trees.  Each island will have shade trees and a planting bed. 

 

Richard Roberts presented the schematic design showing the buildings.  Each one is designed without detracting from the entire center.  The lower building wraps itself around the Route 12 elevation and the public will be able to enter the building at various entrances.  It will be a single story building with a slopped roof.  There will be no ramps or steps.  They do intend to make some up-grades to the adjacent North Meadow Plaza in the future.  The loading docks, dumpsters, etc. will all be in the back.         

 

Larry Wagner advised that all of the uses are allowed in accordance with the zoning.  They have submitted a Drainage study that documents the flows.  There will be a retention pond that will be used as a recharge system into the subsoil.  Most of the runoff goes into the ground.  They have met with representatives from the Police, Fire, Water and Sewer Departments and have addressed their concerns.  Dave Edkins advised that the Planning Board received a letter from the Fire and Police Departments indicating that they met and some issues were resolved.  It was noted that no response was received from the Conservation Commission so Attorney Hanna will provide information to them and Dave Edkins will follow-up with Gary Speed, Chair. 

 

Planning Board Meeting – February 14, 2006 – Page 3

 

Dave Edkins explained that the Planning Board needs to determine the completeness of the application.  This appears to be a complete application with a volume of information.  He has reviewed the information submitted but did not review the Traffic study. 

 

The Planning Board members went through their check list as follows:  A complete application and an abutters list were submitted and there are no easements on this property.  Four sets of plans were received, however, it was noted that the signature block is missing.  There are no roads within the project and the driveways are there.  The access driveways are pending final approval from the DOT.  Route 12 and Upper Walpole Road are state roads so all of the permits would have to come from the State.  An exterior lighting plan was submitted.  They cannot show the Board what the signs will look like because they do not know who the tenants will be; Larry Wagner indicated that they can show the design.  Signage on the building is indicated.  The utilities plan is shown on sheet C-4 and shows the fire hydrants.  John Hansel questioned the aquifers.  Dave Edkins responded that they do not have to be on the plans but maybe the Board can take a look at this.  The topography is shown on sheet C-1.  No wetlands were found on the site as determined on August 4th, 2005.  The Drainage and Traffic Study plans were submitted with the application but could not be located for this meeting.  Mr. Hanna provided additional copies.

 

Mr. Edkins then opened the meeting to the public, asking that discussion be limited to the completeness of the application at this time.

 

Jason Munn indicated that the notice for this meeting was confusing as they mention “Walpole Properties LLC” but most people refer to it as “Berkshire Development”. 

 

Mark Houghton was called out of the meeting on a fire call but wanted to be sure that the aquifer will be an issue to be discussed in the future.

 

Attorney Thomas Hanna responded that Walpole Properties LLC was established in New Hampshire to take care of this property and project.  There are two separate entities: Berkshire Development is the manager of the North Meadow Plaza property.

 

Robert Jasse is concerned with the two entities.  Walpole Properties LLC is a new name.  Attorney Hanna explained that this is not unusual; it is a typical business practice.  He represents Burdick’s Chocolates and when they bought the R.J. Johnson building they set it up as Walpole Chocolates LLC.

 

Cliff Cook feels there should be a connection between the two properties.  He does not want to see people going out into the road to get from one center to the other.  Dave Edkins noted that the Board wants to talk about the completeness of the application first and then substantive issues can be addressed.

 

Jason Munn noted two issues.  The letter from the Conservation Commission was not received and the other letter is from the Fire Department.  Mr. Edkins read a portion of that letter that indicates it was a joint meeting between the Fire, Police, Water and Sewer Departments.  Attorney Hanna asked for a temporary waiver of a letter from the Conservation Commission to allow time for them to respond.

 

 

Planning Board Meeting – February 14, 2006 – Page 4

 

ZBA Chairman Ernest Vose expressed concern over the aquifers and storm water discharge.  Dave Edkins responded that these issues will be discussed after the application is accepted as complete.

 

Dave Edkins again mentioned a need for a determination from the Board as to whether this application is complete or not.  There is a lot to be reviewed.  He suggested the possibility of asking the Southwest Region Planning Commission to do a review of the plans and all the submittals and to look at them in terms of the Town’s regulations and have them bring this information back to the next meeting.  Fred Dill recommended that the Board proceed with the acceptance of this application as complete, noting that there are a lot of discussion points. 

 

Fred Dill moved to accept this application from Walpole Properties LLC as complete.  Sheldon Sawyer seconded the motion and added that this is just to formally start the processing of this application.  With seven members in favor, the motion was approved.

 

Fred Dill moved to compile all the information and send it to the Southwest Region Planning Commission for their review.  Seconded by Robert Miller.  Mr. Edkins confirmed with Attorney Hanna that any expenses for such a review would be borne by Walpole Properties LLC.  With seven members in favor, the motion was approved.

 

Fred Dill feels that the Planning Board should make a list of the issues that people have.  Dave Edkins will take the material down to the SWRPC by the end of the week and request that they attend the next Planning Board meeting.

 

Chuck Bingaman referred to Section 3 of the Zoning Ordinance “Shops, restaurants and other retail establishments not exceeding 40,000 square feet in gross floor area” and the commercial building of 68,000 square feet violating Walpole’s 40,000 square foot floor area limit.  Mr. Edkins explained that if Walpole Properties were to propose that building but, instead of devoting the entire 68,000 square feet to one store, they split off 28,000 square feet in which they operated two or more separate stores that were completely separated by solid walls with separate entrances, and essentially operated independently of one another he believes they would comply with the current ordinance. If it was not interpreted that way, why would Walpole Tomorrow be asking the voters to change the ordinance 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”?

 

Eric Merklein asked how many cars will be able to fit into the turning lanes.  Robin Brustlin advised that they submitted two copies of what they sent to the DOT and are projecting a stacking capacity of five vehicles.  Mr. Edkins asked what the time table is for DOT review and approval.  Robin Brustlin responded that DOT does a three-level process and that is why Walpole Properties is asking for a waiver.  They feel it could be 6-to-12 weeks.  DOT will also require a bond. 

 

Eric Merklein feels it is nice that they are developing but a lot of people feel it is another kind of strip mall. Could they could rethink the design as people are afraid of the scale of the project. 

Richard Roberts advised that he was not instructed to make any changes following the last meeting.  Mr. Merklein wants consideration of open space and the architecture.  Richard Roberts responded that he only heard discussion about the connection and making a place for people to sit and rest on their way to the adjacent area.

 

Planning Board Meeting – February 14, 2006 – Page 5

 

Barbara Dretzin referred to the Master Plan and open space.  Larry Wagner was not familiar with the Master Plan but he did review the Zoning Ordinance.  All of the islands within the parking lot total 10%-to-13% green space. 

 

John Hansel concurred with Chuck Bingaman.  If this isn’t a retail establishment, what is it?  It is not an office or industrial.  He also questioned the contiguous parking of cars.  Larry Wagner said they read through the design guidelines.  Every 8 spaces have a planted island, as shown in the regulations.

 

Ben Davis stated that he feels the regulations are ambiguous and suggested obtaining a legal interpretation.  Mr. Edkins stated that this is not necessary as the Board is quite clear on the intent of this provision.

 

Larry Wagner said it is a shopping center without specific businesses at this time.  They feel that 4-to-5 parking spaces for every 1,000 feet are sufficient and they are comfortable with that number.

 

Ben Davis asked if they would do an analysis of the average number of vehicles going into the center each day.  Robin Brustlin said they looked at two periods – week-days there are about 275+ vehicles and Saturday there could be 320 vehicles in both directions during peak hours.

 

David DeCoste noted that we talked about an internal road between these two properties.  It seems that would eliminate some of the traffic problems that some people are concerned about.  He asked if they plan to have an internal road.  Attorney Hanna explained that the new owners of the North Meadow Plaza bought that property subject to long term leases with several tenants.  There is a reciprocal agreement that restricts the development from changing the traffic flow from the North Meadow Plaza without the consent of the tenants but the applicants have no objections to trying to secure that consent; they would like to have that connection but they do not have the ability to force that consent.   If the Planning Board is encouraging this connection it could encourage that discussion with the tenants.  Dave Edkins felt this is an important item and would encourage them to pursue that as a means of minimizing some of the traffic.  Attorney Hanna will take that back to Berkshire.  Larry Wagner noted that this would also involve the Savings Bank of Walpole.  He referred to the possible location as noted on sheet C-2 of the plans.

 

Ray Boas asked if consideration had been given to just having the main entrance on the Upper Walpole Road.  Robin Brustlin said it is always ideal to have more than one access and they do not want both curb cuts on the same road.  This is the preferred alternative.  The Upper Walpole Road is more residential.

 

Harry Bernard commented that now we will have two egresses across Route 12.  It is hard coming out of the plaza now.  Is there a safer way? 

 

John Hansel noted the Master Plan and the Site Plan regulations regarding balanced growth.  What will happen to Shaw’s the day this is built; we have a right to know what will happen inside that building.  What kind of stores will we have?  Larry Wagner responded that they do not know who the specific tenants will be at this point and time.  Mr. Traynor will be present at the next meeting but until he knows if the project is approved he can’t nail down tenants.  John Hansel said balanced growth is not having two grocery stores in that area. 

 

Planning Board Meeting – February 14, 2006 – Page 6

 

Krystina Marcom sees that building with no tenants.  They must have something in mind for tenants.  Robin Brustlin could address the issue of the traffic study of the tenants.  She used the general retail code and combined a bunch of different retail spaces.  They also did a sensitivity study and looked at the worst case scenario so they did not have to do it over again. 

 

Eric Merklein noted that Mr. Traynor was going to let the Board know where the baseball field was going to be relocated.  Attorney Hanna responded that he promised to replace the baseball field and he will; but he has not acquired the property yet.  Eric Merklein asked Mr. Traynor about providing more open space for the customers and asked about building on a smaller scale.  Richard Roberts will discuss the smaller scale with Mr. Traynor. 

 

Harry Bernard questioned if the traffic study determined where the vehicles are coming from – are they from Vermont.  Robin Brustlin said they did not delineate by state but rather by direction.  It is expected it will serve the same population base as the North Meadow Plaza.

 

Melvin Schupack asked about an economic impact study and bringing people into town.  Larry Wagner said the marketing studies would be done by the proposed tenants; the individual tenants know where their draw is.  Dave Edkins felt it is a reasonable question and when Mr. Traynor is present perhaps he can answer that.

 

Randy Daniels said every business has to attract people from as wide an area as possible. 

 

Robert Jasse is concerned with four retail spaces and separate firewalls.  Richard Roberts explained the passageway and common dock.  The dock and receiving areas will be in the rear area and will be factored into the leases.  The businesses will have separate electric services, entrances, security, etc.  Mr. Jasse said a concern is that eventually the building will be occupied by a single business.  Richard Roberts said until they know whether they can build this building they can’t talk to tenants.

 

Ben Davis questioned how we know that the impacts are minimal, as stated by the applicant, if there is no economic impact study.  Dave Edkins said it is up to the Board if they concur or if additional studies will be required. 

 

CLOSE PUBLIC HEARING:

Dave Edkins advised that the Planning Board will recess this discussion to the next meeting.  This hearing will be recessed until Tuesday, March 14th, 2006, at 7:30 pm.  The time was 9:55 pm.

 

NEW BUSINESS:

 

WRAP COMMITTEE:  Michael Nerrie is on the WRAP Committee.  They have been trying to find a larger re-use center.  He recently bought a property with a mobile home on it and offered to donate it to the re-use center.  Do they need a Site Plan Review to move it to the Transfer/ Recycling Facility?  Dave Edkins explained that this will be on Town property, therefore, there is a provision to exempt them but the procedure is to write to the Planning Board and describe the plans.  Then the Planning Board decides whether to hold an optional public hearing and render non-binding recommendations.  Mr. Nerrie would like to move it by April 1st for tax purposes.  Funding will be needed to move the mobile home and it will need an electrical service.  Materials needed to refurbish it should be available through the center and labor will be done by volunteers. 

 

Planning Board Meeting – February 14, 2006 – Page 7

 

Henry Fletcher moved that the Planning Board waive the optional Public Hearing for the moving of a mobile home to the Transfer / Recycling Facility to be used for a new reuse center.  Seconded by Fred Dill.  With seven members in favor, the motion was approved.

 

Sheldon Sawyer requested that they fill out a Building Permit for the information of the Board of Selectmen.

 

COMMUNICATIONS AND MISCELLANEOUS:

The Planning Board received the following correspondence:

 

A brochure was received for a one-day seminar on “Land Development in New Hampshire” to be held on March 30, 2006, in Manchester, NH.

 

Public Service Company of New Hampshire provided a Transmission Line Easements Procedures & Survey Requirements booklet relative to PSNH’s transmission line easements.  These measures are intended to protect PSNH’s easement rights, and to help insure safe and reliable service to their customers.

 

A letter was received from the New Hampshire Division of Historical Resources regarding the Stephen Rowe Bradley House being entered on the National Register of Historic Places on December 25, 2005.

 

A letter was received from FEMA relative to implementing the floodplain management measures for the Town of Walpole, NH.  The Town should use the preliminary copies of the Flood Insurance Rate Map as the basis for adopting the required floodplain management measures.  Final printed copies of the FIRM for the Town of Walpole will be sent within the next few months.

 

NEXT MEETING:  The next meeting is scheduled for Tuesday, March 14th, 2006, at 7:30 pm.

 

ADJOURN MEETING:  Fred Dill moved to adjourn this meeting.  Seconded by Sheldon Sawyer.  With seven members in favor, the motion was approved. The time was 10:16 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