TOWN OF WALPOLE

PLANNING BOARD MEETING

NOVEMBER 8, 2005

                                                                        *Unapproved Minutes*

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

Fletcher, Eric Merklein, Robert Miller, Sheldon Sawyer – Selectman; Ray Boas (alt), Fred Dill (alt)

 

Jeff Miller, Chairman, opened the meeting at 7:35 P.M. in the Town Hall. 

 

ROLL CALL /DESIGNATE ALTERNATES:  Jeff Miller advised that a full board is present.

 

APPROVE MINUTES OCTOBER 11, 2005, MEETING AND OCTOBER 25, 2005, WORK SESSION:  Dave DeCoste moved to approve the Minutes of the October 22, 1005, regular meeting and the October 25, 2005, work session as printed.  Robert Miller seconded the motion.  With all in favor, the motion carried.

 

REVIEW APPLICATIONS SUBMITTED:  OPEN PUBLIC HEARINGS:

BARBARA SALAK – Minor 2 lot subdivision located at 319 Old Cheshire Tpk. – Map 13, Lot 39 – in the Rural Agricultural Zone, resulting in Lot 1 of 6.02 acres with the existing house, and Lot 2 of 5.04 acres:  Ms. Salak displayed the plan for the proposed two lot subdivision on the Old Cheshire Turnpike.  Mr. Critchfield, an abutter, explained that his only concern is the location of the driveway between his property and the Salak’s.  There is a culvert between the properties and the area is often wet.  Mr. Critchfield had to have a backhoe come in in the spring time.  Mrs. Salak said former Road Agent, Joe Smith, was going to take care of it but it was never done.  Jeff Miller said when someone applies for a Building Permit the drainage concerns would be addressed at that time.  Driveway Permits are issued by the Road Agent.  Both Ms. Salak and Mr. Critchfield requested copies of the minutes. 

Jeff Miller closed the Public Hearing.

 

CREG AND JILL DANCE – Site Plan Review for a Bed and Breakfast located at 277 Wentworth Road – Map 8, Lot 22 – in the Residential A Zone.  This use is allowed in the Zoning Ordinance under Article IV.J.General Provisions.  Bill Lawrence was representing Creg and Jill Dance for a Bed and Breakfast on the Wentworth Road.  A plan was displayed.  Mr. and Mrs. Dance propose using four bedrooms that are close to the street for the bed and breakfast.  There is additional parking space in the back and between the garage and barn that is suitable for parking; there is adequate parking for over-flow.  A resident noted that the businesses are already running on the internet.  Mr. Lawrence responded that Mr. and Mrs. Dance were under the impression that they already had permission but then were told they would have to go through the Site Plan Review to make it official.  Mr. Tretler, an abutter, noted that there are violations so it seems that they should all be consolidated for discussion at the same time; there should be no violations before a decision is made on the bed and breakfast.  Jeff Miller responded that this application is for a bed and breakfast only; there are other issues but he understands that the other boards are taking care of them.  Dave Edkins said there were to be other applications for agricultural use, a restaurant and some retail sales.  There is a question of the permitted uses.  Attorney Tom Hanna, representing Creg and Jill Dance, advised that the application for a Variance was withdrawn from the Zoning Board.  Upon a request from the Zoning Board the Board of Selectmen wrote a letter to Mr. and Mrs. Dance dealing with the alpacas.  Sheldon Sawyer, Selectman, advised that the letter was an order not to expand the business.  Attorney Hanna noted that there was a gift shop in connection with the animals but there will be no gift shop after the inventory is sold out and there are no plans for a conference center.  They are here

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to get a Site Plan approval for the bed and breakfast.  Attorney Hanna noted that their position is that there are not any violations; they are dealing with the alpacas through the Zoning Board and the Selectboard.  Jill Dance advised that nothing is now being done on their web-site; they are just trying to decide what to do with the inventory.  Joe Dion feels there are four different businesses going on; we don’t know what is going on up there in this residential zone.  Jill Dance responded that they want to be in compliance; no one spoke to them to see what they are doing.  Their property was discussed at a Zoning meeting and they were not even notified that it would be discussed.  Dave Edkins summarized by saying that the plans for a conference center are discontinued, the gift shop is being discontinued, they are dealing with the Board of Selectmen about the alpacas and B and Bs are a permitted use in the residential area.  He asked if the septic system is adequate for the B & B as well as the regular household use.  Creg Dance advised that they will only be open one-half of the year and their estimated occupancy rate is 53 people so the sewer system is adequate.  Sheldon Sawyer advised that at one time there was a large family living there.  Bill Lawrence noted that 60% of the soil is good soil; the state requirement is 60/gals per day per person.  It is adequate at this point but if it should fail, there is enough area to replace it.  Charles Miller asked if some kind of state approval is needed?  Fred Dill noted that they are not adding bedrooms; the four bedrooms are already there.  Bill Lawrence said the size of the system is adequate to support what will be done for the B & B with the amount of usage it will get.  The State does not require that they need a State approved system.  Jill Dance said they were inspected about a month ago by the State and they have State licenses to operate the B & B.  The septic system was originally put in for ten bedrooms.

Jeff Miller closed the Public Hearing at 8:12 pm.

 

Jeff Miller re-opened the regular Planning Board Meeting.     

 

ACTION ON APPLICATIONS SUBMITTED:

BARBARA SALAK:  Henry Fletcher moved to accept the Barbara Salak application to request a two lot subdivision located on 319 Old Cheshire Turnpike – Map 13, Lot 39 – in the Rural Agricultural Zone, resulting on Lot 1 of 6.02 acres with the existing house, and Lot 2 of 5.04 acres.  Eric Merklein seconded the motion.  With all in favor, the motion carried.

 

CREG AND JILL DANCE:  Bob Miller moved to accept the Creg and Jill Dance Site Plan Review application to request a bed and breakfast located at 277 Wentworth Road – Map 8, Lot 22- in the Residential A Zone.  Henry Fletcher seconded the motion.  Dave Edkins clarified that this is for the bed and breakfast only with no ancillary items.  With all in favor, the motion carried.

 

UNFINISHED BUSINESS – Pending Applications:

Gohl Walpole Village Market:  The Board is still waiting for clarification on Victoria Gohl’s landscaping plan. 

 

NEW BUSINESS:

There was no New Business at this meeting.

 

COMMUNICATIONS AND MISCELLANEOUS:

Proposed Zoning Changes:  Jeff Miller advised that some proposed Zoning Ordinance changes have been submitted by Walpole Tomorrow.  John Hansel would like the Board to set a Public Hearing for December.  Dave Edkins mentioned that Walpole Tomorrow is looking for a decision

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as to whether or not the Planning Board would support these changes otherwise they will be looking to submit a Petition Article. 

 

John Hansel distributed and read the handouts for “Explanation of Proposed Changes to the Zoning Ordinance – Article 1 Preamble and Article VI Commercial District” and “Explanation of Proposed Changes to Site Plan Review Regulations – Section III: Purpose and Section VII Submission Requirement” (a copy is attached). 

 

There was discussion pertaining to some of the language in the document.  Using “will” or “may” rather than “shall” is more flexible.   Dave Edkins feels that the Planning Board does not want to tie-up their hands nor the hands of future boards.  John Hansel stated that the document does not add new language but brings in the Master Plan. 

 

There was discussion relative to Section VII Submission Requirement:  “We feel any project involving 10,000 square feet is an important project and therefore deserves an impact analysis”.  To insure this we propose the wording to be changed to read “On all commercial projects involving 10,000 square feet of floor space or more an impact analysis study will be required, which takes into account the following items to the extend the Board deems applicable:”  John Hansel said it is only asking for more information on a larger project.  Jeff Miller explained that this is already in place; the Board has the tools for something 5,000 square feet or more, the tools are there.  If an applicant comes in the Board still has the ability to do the impact analysis and the regulations gives them the authority to deal with it. 

 

Jeff Miller said the Board would like to get into the Zoning changes tonight because they need to decide how they want to go but the Board does not want to act on the Site Plan Review items tonight.  John Hansel agreed.            

 

Article 1 Preamble:  Dave DeCoste asked if this is just to tie the Master Plan and the Zoning?  John Hansel feels that everything is evolving; the Master Plan was adopted in 2000 so when a new plan is adopted this will be included.  What is wrong with encouraging the Zoning Board to keep the Master Plan in mind and it is well to put it into the preamble as a guideline.  Dave Edkins does not see it as necessary and Jeff Miller agreed.  The Master Plan could change and it might change the whole Zoning Ordinance.  The goals are spelled out in the Site Plan   Sheldon Sawyer feels the more verbage there is the less some people read it; repeating things is not a plus.

 

Eric Merklin moved that the Planning Board hold a Public Hearing during their next regular meeting in December on Proposal No. 1.  Dave DeCoste seconded the motion.  Dave Edkins was opposed.  The motion carried by a 6-to-1 vote.

 

Article 2:  Jeff Miller suggested that the Walpole Tomorrow group put this out as a Warrant Article.  Whether the Board will endorse it or not is still undecided; they will vote on it in January.  The Petition will need to be presented to the Board of Selectmen.  November 14th is the first day to accept petitions for amendment to Zoning Ordinance or Building Codes and December 14th, 2005, is the last day to accept these petitions.

 

Planning Board Proposed Changes:  Multi-Family Housing:   

Dave Edkins read the Proposed Amendment to the Walpole Zoning Ordinance Multi-Family Housing:  “Amend Article VI-Commercial District, Section B. Permitted Uses”.  There was discussion on 8.b. – “Not less than 30% of the total parcel shall be retained as open space,

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unencumbered by buildings, parking lots, accessory structures or other impervious surfaces.  Said open space may be used for lawns, gardens, landscaping and passive recreation.”  Eric Merklein went to Swanzey and looked for a developed ten acre parcel of land; he handed out pictures of a parcel wherein seven acres had three buildings, three stories high, with three acres of green space and asked how can Walpole get around having building such as this?  Dave Edkins noted that the Fire Department is comfortable with three story buildings.  Sheldon Sawyer said we are talking about a Commercial Zone but we have many houses that are 2-1/2 to 3 stories high here in the area.  Are you now saying that we go into a commercial zone with a restriction of two story buildings?  Eric Merklin asked for a working session to see what they can come up with in terms of density; three stories but not three buildings on one lot, or other alternatives.  Tom Rogers questioned why the Board is only addressing multi-family dwellings rather than hotels, etc?  He suggested that 20% might be a reasonable figure.  Dave Edkins responded that the intent was to address multi-family housing at this time.  Increasing the size of parking spaces will be taken into consideration.  He suggested scheduling a Public Hearing in December to take input; that still leaves January for a second Public Hearing if necessary.       

 

Bob Miller moved to hold a Public Hearing in December on the “Proposed Amendment to the Walpole Zoning Ordinance Multi-Family Housing” as presented.  Dave DeCoste seconded the motion.  With all in favor, the motion carried.

 

OEP Flood Ordinance Changes: 

Dave Edkins advised that the Town received information from the Office of Energy and Planning that the Town has to adopt amendments that need to be a part of the Flood Plain Management Ordinance and Town’s Subdivision regulations.  By adopting the amendments the Town will remain eligible to participate in the National Flood Insurance Program.  He will check with the OEP to see why the Town did not receive the revised preliminary maps. It was recommended that a representative from the Planning Board talk to the Village of North Walpole about the flood plain ordinance.

 

Henry Fletcher moved to schedule a Public Hearing for the Flood Plain Management Amendments.  Dave DeCoste seconded the motion.  With all in favor, the motion carried.

 

Proposed Zoning Amendment – Land Subdivision Control Regulations:  Section II:  Definitions:  Jeff Miller distributed copies of a proposed Zoning Amendment.  This addition would be for clarification:  “Dwelling: Means a building of common foundation.  A one or two family dwelling will share the same foundation per lot”. 

Henry Fletcher moved to adopt the Land Subdivision Control Regulations – Section II: Definitions, as presented.  Eric Merklein seconded the motion.  With all in favor, the motion carried.

 

November and December Work Sessions:  There was a consensus of the Planning Board to cancel the working sessions for the 4th Tuesday of November and December due to the Thanksgiving and Christmas holidays.  These workshops were to stop at the end of the year.  In December a decision will be made as to whether or not to schedule one in January 2006.

 

Jeff Miller adjourned the meeting at 9:40 P.M.

 

Respectfully submitted,

Regina Borden, Recording Secretary