ZONING BOARD OF ADJUSTMENT
Minutes-------20 February 2008
PRESENT: M. Mansouri, Ch., L.
Carignan, Dave Calhoun, Larry Britton, P.
Pschirrer, alt., B. Webb, alt., M.T. Lester, alt. Absent: J.
Galloway-Leclerc
Recording: Pamela Aslinger, Acting
Secretary for Elaine Moore
Note: These minutes are unapproved and will be
reviewed on March 13, 2008 for errors, omissions and corrections. There were 3
persons in the audience.
The meeting was called to order at 7:30pm. Ch.
Mansouri appointed Mrs. Pschirrer for Ms. Leclerc and Mrs. Lester for Mr.
Britton. (Mr. Britton arrived at 7:40pm)
PUBLIC
HEARING: Ch. Mansouri stated there were no Hearings
scheduled for tonight’s meeting.
NEW BUSINESS:
Jennifer Robison -
Ch. Mansouri handed out
copies of the zoning map in order to locate the parcel for members not familiar
with its location and to determine the zone.
Ch. Mansouri said
Mrs. Robison introduced
herself and her husband Terry. She
wanted to clarify for the Board what type of facility according to the State
she would be classified as. She said
when she spoke with the State licensing because the home “will not be occupied”
by her she will be classified as a (c) “Group child day care center”. She said even though she will run it on a
family style level for licensing purposes she will be considered a group child
day care center. She said her staff to
child ratio would be “center” based. If
she were to care for children at home she would be allowed 6 children if
licensed as unlicensed 3 children are allowed as a licensed exempt family day
care, which is what she’s been doing for the last 4 years. If she has an assistant at her home, she’s
still considered family care but can have up to 12 children maximum. Because she is leaving her home to go to the
new facility she will be called a “center”.
She said it was not her intention to run a large-scale center with 60
children separated into rooms for different age groups. Instead she is planning to run a small-scale
home like center. She’s met with Heather
Dutton from the State who licensed the Walpole Village Preschool for 20
children. Mrs. Robison is on the Board
for the Walpole Village Preschool. She
said in addition to the Village Preschool,
Drewsville Headstart is licensed for 20 and there
are two other licensed home day care centers with 12 children each, one on
Board
Members agreed that her classification according to the State requirements
would be (c) “Group child day care center”.
Mrs. Robison said the State defines ratios are based on age of the
children and licensing. She hopes to be
licensed for Nursery School 6 weeks old and up, allowing her to change
diapers. She said the Walpole Preschool
requires potty trained and at least age 3.
Drewsville Headstart is 3 and 4 years old based on income. She will also be licensed for Pre-School 3
year, 4 year and 5 years old who don’t make the cut off for Kindergarten and
for school age children interested in before and after school programs. She’ll hold three licenses under the group
child day care center category. She will
not be taking more than one child under age 1.
She plans to run it home-like with baking and gardening activities and a
flexible schedule. She’s been in the planning stages for 3 years waiting for
just the right opportunity. Upon
research she’s found that large centers are operated on a very structured basis
meaning children are segregated into separate age groups with 1 staff member to
every 4 children/infant ratio, toddlers are 1 to 8, preschoolers are 1 to 12,
school age are 1 to 15, so it is very easy for them to put them rooms. She’s planning on a multi-age mixed group
meaning the staffing depends on the ratio of children she has.
Ch.
Mansouri understood her intention but stressed concern because the location is
not completely commercial since residences will surround it. She said it was her understanding Mrs.
Robison will not be using the large garage so available parking and drop off is
limited. She asked how much staff would
she hope to have and how many maximum children would she have? Even though it is in the commercial district since
it is surrounded by residential B area the Board may require a special
exception and hearing, where the neighbors can come in and talk about it.
Mrs.
Robison answered by saying Mrs. Dutton from licensing came and measured the
space to determine she will be licensed for 27 children. She intends to have 15 children with a
maximum of 24 during the summer for summer programs. She said the need in
Ch.
Mansouri asked about the number of staff.
Ms. Robison said it would depend on the age of the children. She is looking for two other staff members;
one person to start immediately because with 15 children if she keeps it to
four under the age of 5 she can have another licensed staff. Once the ratios begin to change she will hire
another person. She said the parking
area will hold six cars in the driveway, but it will not be filled with six
cars all day long. With two persons working
part time mornings and after lunch until school age children arrive means there
would be a maximum of 3 cars in the driveway throughout the day leaving 3
spaces for parents to park for pick up and drop-off. She said because she will be offering part
time care there would not be a massive 5:30pm pick up. Her hours of operation are 7:30am to 5:3Opm. She has checked with
bus schedules, there is an unofficial stop located
at the Fire Station. She said the bus
would not
Walpole Zoning Board of Adjustment Minutes 2/20/08
page 3
travel through Maplewood Circle due to space
constraints with all the snow and on road parking. She or a staff member will walk or drive the
students to or from the bus stop.
Ch.
Mansouri said by looking at the Town’s ordinance the property is located within
the Commercial zone therefore the use is allowed. She referred to the definition of a home
business in the residential district permitting one owner plus two other
employees and to provide adequate off street parking. She asked if she would be placing any
signage? Mrs. Robison didn’t think so
other than a small sign by the main entrance placed on the building. Ch. Mansouri suggested she speak with the
owner if she chooses to add a sign or signs.
Mrs. Robison said she planned to be very low-key, her clients are by
word of mouth so she would not be seeking to advertise by signage on the
building. She said in her 5 year plan
she hopes to find an appropriate building to expand but she would want to renew
her lease after one year. She does
prefer to keep the center on a small home like scale.
Mrs.
Pschirrer asked if she had applied for the license. Mrs. Robison said she could not apply until
she has committed to renting the home although she has had a preliminary review
with the State and has met with the Fire Dept. and she next needs to purchase
insurance. She was hoping to be open for
the
April vacation but it may not happen that soon. She’s been researching her idea for three
years. Her staff will need criminal
background checks. A person she is
considering has a Masters in education and has taught. She must do the background checks and send
the information into the State for a fee.
Ch. Mansouri read from the
ordinance regarding parking, reiterating there must be ample space for off
street parking to handle loading and unloading of vehicles. Mrs. Robison said the State determined 6 cars
could comfortably fit in the driveway. Mrs.
Lester said the requirement mentions “parking” she noted there would not always
be six cars actually parked in the space for any length of time. She said staggering times would accomplish
the requirement. Mrs. Robison
agreed. Ch. Mansouri said the ordinance
does not specifically mention “day care” in the Commercial district it says “including such retail businesses within these
buildings, lodging houses, hotels, motels and tourist cabins including such
retail businesses within these buildings as is conducted for the convenience
for the guest herein”. In addition, “Shops,
restaurants and other retail buildings not exceeding 40, 000 sq. ft.” are
allowed. “Theatres, halls, clubs and
amusement centers” as well.
Mr. Britton asked about “schools”
in the Residential B district being allowed.
Ch. Mansouri and Mrs. Lester said all uses allowed in the Residential B
zone are also allowed in the Commercial district including home businesses and
schools. Mr. Britton noted the Walpole
Village School is located in the Commercial district as a comparison. Ch. Mansouri suggested the Board refer to
that section of the ordinance as to the use being allowed under the ordinance. She asked if the Board thought any other
action needed to be taken such as a hearing as opposed to just saying yes it is
allowed? And she added if anything
changes from what is reflected in Mrs. Robison’s proposal she would need to
return to the Board. She said the
neighbors would be watching the project and may be concerned about disruptions. Members agreed concerned about what would go
on for play times in the yard.
Mrs.
Robison said because she is a “center” there are requirements to fence the
backyard and to continue the split rail fencing along the front property line
as a marker. She thought a temporary
wooden snow-fencing would be used in the back since it is only a one year
lease. She still needs to talk to the
owner to confirm. She thought bicycle
riding would be part of the playtime and has an area already designated for
it. She thought the parking area might
be used for some activities. Ch.
Mansouri said the owner was planning to use the garage for vehicle
storage. Mrs. Robison confirmed and said
he may also rent out the front of the garage; it has four bays. Ch. Mansouri asked if it was a concern? Mrs. Robison said because it is not connected
to
Walpole Zoning Board of Adjustment Minutes 2/20/08
page 4
the house the State has no concerns. She said the owners talked about leaving a
set of keys with her incase someone needed to move a vehicle in or out and for
security.
Ch.
Mansouri recapped saying it would be Mrs. Robison and two other employees. Mrs. Robison clarified saying during the
school year she would have 2 part time employees and during the summer possibly
2 full time employees. She thought there
would be 3 cars at one time in the lot for one hour per day with 2 cars for most
of the day. She is allowed 27 children but
is planning to have 24 maximum and to start off with just 15 that will not
there all at once. She said four of the
children belong to herself and her staff-person.
Ch.
Mansouri said she has a letter from Wellstone Associates giving Mrs. Robison
permission to have a certified day care in the house Tax Map 24 Lot 14-01. She read the letter into the record (on
file). She called for Board
comments. Mr. Britton said he has three
small children and they have searched for good quality day care. He thought it was time Walpole had this
offering and supports the idea. Mr.
Calhoun said his concern is for the neighbors not so much this time of year but
during warmer months with children playing outside and the noise, however he
supports the need for a daycare center in Walpole.
Mr.
Robison introduced himself as President of RN Johnson saying his wife’s pursuit
of the daycare center to provide an outlet for the community and something as a
former teacher in Walpole has decided to do on her own. He said it is not financially motivated but
rather to provide a needed community service.
He pointed out if he rented the house and had 8-10 children there would
be just as much activity in the backyard as there would be if it were a small daycare
center. He said it pains her to turn
away people looking for good quality day care and they could do it at their
home but not legally. This is why they
chose a house in the Commercial zone where it is allowed and they can have such
an operation.
Mrs. Robison added that being
very community and neighborhood oriented, she would be sensitive to resolving
any disruptions or concerns that arise.
She said she has spoken to some of the neighbors about working with them
to start a garden and holding energy fair, she hopes to involve them in some of
her programs. She said the children
would be screened as well and she is aware of the neighborhood children who
already “hang out”. She does not want to
be a disruption but a low-key center.
She asked if the Board could suggest to whom she could speak to address
neighborhood concerns.
Mrs. Pschirrer asked about
the fencing. Mrs. Robison said she
believes the children should be outside as much as possible but is conscious of
the neighbors. The fencing would be
simple wooden snow-fencing. She said as
far as noise goes there isn’t a lot in the age group she’ll have. She hopes to take walks in the neighborhood
as it seems very safe with less traffic.
Mrs. Pschirrer suggested she have an open house to have the neighbors
meet the children and see the center.
Mrs. Robison said she has thought of that and would like to bring people
in to read to the children and do arts and crafts, although even volunteers
need criminal background checks.
Ch. Mansouri said safety is
very important for the children however, not only are they concerned as a Board
with what they are proposing as a wonderful service but they have to consider
the neighborhood.
Mrs.
Robison said she has spoken to some persons familiar with people living in the
neighborhood they did not feel as long as they complied with how its presented
there would not be any concerns. She
will immediately acknowledge any neighbor’s concerns. Mr. Calhoun said it was a good idea to touch
base with the neighbors and while the Board has expressed its concerns there is
no need for a special exception. Ch.
Mansouri agreed. Mrs. Robison thought an
open house would be held on a Saturday but hasn’t finalized plans until she is
further along. She said there are many
qualified licensed and unlicensed day care providers but presently not enough
to meet the needs in Walpole, she already has a waiting list.
Ch.
Mansouri said it is an allowed use in the Commercial district, how she
presented it will be shown in the minutes that are posted in the Town Hall and
on the websites. She said if
Walpole Zoning Board of Adjusment Minutes 2/20/08
page 5
anyone complains she will hear from the Selectmen
after they have complained to the Zoning Board who will forward the complaint
to the Selectmen. Selectmen Sawyer said
they have had some complaints from the neighborhood regarding commercial
disruptions but the businesses, naming several, are allowed in the zone. He said there is an awful lot of activity in
the area. Mr. Britton said he remembered
a complaint but it was from activity going on at 10pm, tuning cars. He said he didn’t think the neighbors were
wrong to complain but doubted the day care center would pose that kind of
extreme.
Mrs.
Robison does worry about unauthorized after hour use of her playground area but
she will speak to the landlord about it.
Mr. Robison added they would be using the house less than someone living
in it. Ch. Mansouri said it seemed they
had considered all of the issues. Mrs.
Lester agreed with Mr. Robison and didn’t think the neighbors were adverse to
the property being used in this manner. She
said being under lease for one year allows them to make adjustments or even
obtain a different location if it doesn’t work well. Ch. Mansouri and others wished them good luck
on the project.
Ch. Mansouri asked if the
State needed anything from the ZBA?
Answer was no they only need a copy of the letter from the landlord
giving permission.
Mr. Webb suggested a motion
be made stating the Board’s findings for the record. Mrs.
Pschirrer moved to have the Board concur that the use as presented is an
allowed use in the Zoning Ordinance and the Board will approve it as an approved
use. Mr. Carignan seconded. Motion carried by unanimous vote.
Mrs. and Mr. Robison thanked
the Board.
8:07 PM
cont’d New Business: (Mr. Britton resumed
voting status with Ms. Pschirrer designated back to non-voting alternate)
Fees increase
for Earth Excavation permits: Ch. Mansouri asked the Board to consider raising it’s
fees to offset the Board’s expenses.
Currently the fee is $30.00 with the cost of postage and $50.00 for the permit fee upon the issuance of
the permit. She said any increase would need to be discussed at 2 meetings
before the Board can officially make the change.
Members thought the recent
application for excavations having paid only $30.00 did not begin to cover it’s
fees especially since there were several re-filings. She asked for Board suggestions? She asked if increasing the fee to reflect
the Board’s current application fee of $75.00 and $5.00 per abutter would be
appropriate? Mr. Webb thought it would
be reasonable, noting there aren’t many excavation projects proposed but it
would put it in line with the other fees.
Mr. Calhoun asked how it would affect the Gravel Pit permits. Ch. Mansouri said it would apply only if they
re-applied. She said the price would not
be grandfathered. Mrs. Lester asked if
the fees go into the general fund for the Town, answer was yes. Mr. Britton suggested the permit fee increase
at the same rate of almost 3 times to $150.00?
Members agreed.
Mr. Sawyer asked if it
effected all excavations including a small farm pond or a minor change in
topography? Ch. Mansouri and others did
not think those types of situations would come before the ZBA but be handled
through State permitting. She asked the
Board to consider the changes for the next meeting at which time they can
decide whether to adopt them or make changes.
Mrs. Pschirrer asked to have them repeated. Ch. Mansouri said a filing fee of $75.00 and
$5.00 per abutter plus a permit fee of $150.00 upon issuance of the permit. She mentioned if the ZBA needed an
independent review those charges are determined by the scope of review.
Mrs. Lester made a motion to discuss the
fee changes at the next meeting, seconded by Mr. Carignan. All were in favor, motion carried.
Meeting
Time Change: Ch. Mansouri said the Planning Board was considering
changing their meeting time to 7:00pm because of the how late their meetings
are going. She asked if the ZBA was interested
in changing their time to 7:00pm? Mr.
Britton said it would be difficult for him to make the meeting at 7:00pm. Everyone agreed because he is a regular member
it would not be a prudent to change the meeting time. The meetings will remain at 7:30pm.
Walpole Zoning Board of Adjustment Minutes 2/20/08
page 6
OLD
BUSINESS: Richard Fraser - Frank Whitcomb
Construction Corp. excavation project in Drewsville, Map 15, Lot 35 - update: Ch. Mansouri said Mr. Fraser has requested a
continuance. She said at the Planning
Board meeting Feb. 12th, the excavation area has increased substantially in
size and from a 1 year project to a 5 year project. He has approached the Planning Board for a
site plan review, she asked Sec. Aslinger to give a report. Ms. Aslinger said he appeared before the
Planning Board requesting a determination as to whether the excavation of a small
pond, by removing gravel for personal use, would be exempt for Site Plan
Review. She said due the late hour of
the meeting members were unable to adequately answer his question, plus the
fact he did not have up to date plans for the Board to look at. He claims it would be exempt if it the costs
were kept under $10,000.00 according to the regulations. She said the site specific plans he gave her
were from his original proposal to the ZBA of 1.92 acres, he is now proposing a
project of 3.93 so the Board could not make a determination based on lack of information. The Planning Board has asked him to return to
the Board with specific plans at the March 11, 2008 meeting in a written
letter.
Board
members discussed the possibility of a much larger scale proposal and it’s
impact on the neighbors and traffic. Ch.
Mansouri asked about the personal use of the gravel excavated on the new
pond. Ms. Aslinger said Mr. Fraser
described it as being used for personal use under Mr. Whitcomb’s construction
business fulfilling contracts for the State.
Members thought it would be considered a personal commercial use
resulting in a small pond. Mr. Sawyer
said it is for the sale of gravel just like he did on the other side of the
road.
Mr. Britton asked in general
about special exception criteria and the Board’s ability to deny a special
exception if the criteria are unmet or result in issues based on detrimental effects
on health, safety or property values.
Ch. Mansouri thought a site plan would provide accurate information for
the Board to base its consideration of the criteria required. Mr. Carignan questions whether an existing
site plan review approval prevents them from going further on a new
proposal. Members discussed the fact
that in some cases the neighborhood is highly concerned about health, safety
and property values in their area, how are they to be protected.
Members thought if Mr.
Fraser has changed the plans as described at the Planning Board meeting, it
would require an entirely new application and hearing, making the current
proposal before the ZBA null and void.
Mr. Webb noted all through the recent review he was notified if he made
any changes he would need to return to the Board and begin over. Ch. Mansouri said she attended the Planning
Board meeting because Mr. Fraser has not provided any further information.
Ms. Aslinger said one other
issue was that Mr. Fraser quoted the Town Attorney as saying he thought the
Planning Board would waive their criteria for recommending the special
exception because the preamble includes excavations as an allowed use. She asked if the Planning Board could have a
copy of his statement for their files.
Ch. Mansouri gave her a copy of the letter for the Planning Board’s
review.
Mrs. Pschirrer asked what
are the alternatives if Mr. Fraser and Whitcomb do not comply as requested and
went forward with excavation? Answer was
a cease and desist order via the Board of Selectmen. Members discussed procedural requirements.
Gravel
Pits: Ch. Mansouri asked to pass over actual inspections due
to the snow conditions. She mentioned
they could schedule some meetings with the gravel pit owners to go over their
inventories. She will contact the State
for a recommendation on how to properly request owners to appear before the
Board.
Minutes: Mr. Britton
made a motion to accept the minutes as presented. Seconded by Mr. Carignan, motion carried
unanimously.
OTHER: 8:35 PM Ch.
Mansouri moved the meeting into executive session to discuss legal
correspondence. 8:55 PM Meeting resumed. 8:57 PM Meeting adjourned.
Cc: file, ZBA, PB, BOS Posted:
Town Hall, Lobby, websites