ZONING BOARD
TOWN OF WALPOLE,
NH 03608
Meeting December 21, 2005 7:30PM Town
Hall
Unapproved Minutes
Members Present: Lucy Weber, Myra Mansouri, Jan-Galloway LeClerc, Leo
Carignan, Larry Britton, Bill Webb
Presiding: Ernie Vose
Recording: Pamela Aslinger
Ch. Vose designated Mr.
Carignan as alternate for Mr. Britton, Mr. Britton arrived later.
These minutes will be reviewed at the January 18, 2006
meeting.
Meeting opened at 7:35PM, there were no Public Hearings
scheduled for this meeting.
NEW BUSINESS:
Mr. Mike Snide
presented his request for additional signs at the Pinnacle View Equipment on
Rte. 12. Mr. Snide asked what
would be required if he added two additional signs, one for Kubota, and one for
Polaris. He presented drawings of a few
different sizes. The Board said he would
need to have the signs be limited to 2 signs, 100 ft. apart, limited to 32 sq.
feet and be 60 feet from the edge of the right of way in order to conform to
the sign ordinance. His current sign is
30 sq. feet. Mr. Snide would like to
apply for variance to allow more than 2 total signs, and to allow for a larger
sign for one of the new signs. The Board
asked if his current sign was lit, yes by two over head lights on a timer to come on at dusk, turn
off at night. The new signs are lit from
within.
A motion was made and
seconded to schedule a Public Hearing for the January 18, 2006 meeting, pending
receipt of application and fees by Jan. 3, 2006. Motion carried. Mr. Snide was given an application and
instructed to submit the materials by the deadline to the Selectmen’s Office
and to notify the secretary of the submission.
Todd Nielsen
represented by Attny. Rob Casper, presenting a request to use
the florist buildings on Westmnister St. for his travel agency business, Eros. Mr. Casper stated the owners were
presently in Egypt. He described the business as a small
administrative travel company, with 5 employees and the 2 owners, a low impact
business operating 8-5 M-F. He
questioned whether this might fall under a change of a non-conforming use. He stated the building has been somewhat
continuously used for floral related business and is currently housing a floral
business operated by Jason Munn and as an equipment
storage for Hillside Landscaping. The
owner felt his proposed use would involve a variance for a change in a
pre-existing non-conforming use. Mr.
Casper asked the Board how to proceed.
Ch. Vose and others referred to the Zoning Ordinance determining the
building would not be considered a home business since it will not be occupied
by the owners. The Board agreed the
change from a florist business to an office business would be less of an impact
in the residential B zone. P. Aslinger
asked if the use as a floral business was grand-fathered and limited to only
that use. The Board did not think this
was the case, that it was a grand-fathered property. Mr. Casper stated Mr. Nielsen is considering
purchase of the property so wants to make sure he can use it for the purposes
stated. The Board agreed it would
require a variance for a non-conforming use.
Mr. Casper was given an application noting the deadline of 1/3/06 for
submission
and the $30.00 fee. A
motion was made to schedule the Public Hearing for the
ZBA Minutes 12/21/06 page 2
January
18, 2006 meeting pending the receipt of the application and fees prior to the
1/3/06 deadline. The motion was seconded, vote was all in
favor.
Ms. Weber recused herself
from the Burdick discussion, being an abutter.
Leo designated in her place.
Mr. Larry Burdick
wants to move to the R.N. Johnson small machine building. Board determination needed re: industrial use in a commercial zone. Mr. Burdick said he would like to move the
chocolate bon-bon, packing, shipping and receiving operation into the building,
that the building is good space, right size and on one floor. Ch. Vose asked what he would be doing there
exactly, in order to determine the use.
Mr. Burdick said they would be making the candy there, the same operation
presently being conducted at their Main
St. site, which involves cooking the bon-bon’s,
coating, packing, shipping, and receiving.
Mr. Vose said the building is in a commercial zone, what Mr. Burdick
describes would be considered an industrial/manufacturing use. It is allowed by special exception in the
commercial zone, further, Mr. Burdick would need to meet the requirements of
the industrial zone. Mr. Burdick would
need to apply for a special exception.
Mr. Burdick said he was purchasing the building and closing on Dec.
28th, his Bank is requiring proof from the ZBA that Mr. Burdick can operate
legally in the building. He asked if the
Board could write a letter to his Bank stating such. The Board agreed they could not make a legal
determination without an application and without holding a Public Hearing. Mr. Vose asked the Board if they would agree
to him writing a letter explaining the procedures of the Board regarding
application for Special Exception, without giving an opinion. The Board agreed. Mr. Burdick stated he did not think his Bank
would accept the letter as proof. Mr.
Burdick said he would not be moving into the building until summer or
fall. He reiterated his purpose for
being at the Board tonight, to get a letter of consensus from the ZBA
for the mortgage Bank’s lawyer Michael Benton.
Selectmen Sheldon Sawyer asked if Mr. Burdick had a special exception on
the building he presently occupies.
Answer was no, not for that operation but yes on the Restaurant
etc. Ms. Mansouri added the new proposal
is much less of an impact than the present location. The Board concurred that a letter describing
the procedure of special exception may show the Bank the process is not so
unreasonable as to disallow the proposed use of the building. Mr. Burdick was given an application for
special exception and a site plan review which may be required depending on the
cost of improvements. Mr. Burdick stated
he had consulted with Ch. Jeff Miller who thought a Site Plan Review would not
be required based on the information Mr. Burdick gave him. A
motion was made to schedule a Public Hearing on a special exception for an
industrial use in a commercial zone, at the January 18, 2006 meeting pending
receipt of an application and fees by the 1/3/06 deadline. Motion seconded, motion carried.
John Christopher
trailer, reply from Selectmen - Ch. Vose said the Selectmen had written
a letter stating no violations of the Zoning Ordinance had been found, copy on
file. The Health Officer Mr. Morisini
found no violations. Mr. Christopher is
not living there for the winter.
ZBA Meeting 12/21/05 Minutes page 3
Virginia Foote
from Lawrence Associates presented a proposed 3 lot subdivision for her clients
Mr. Wm. and Mrs. Grace Therrian.
The proposed 2 new lots eliminate Class IV road frontage for lot l. Lot 1 has
the existing Therrian home and has frontage
and entrance by a private road
only. The Planning Board at the 12/13
meeting said they would need to apply for a variance for Lot
1’s lack of legal frontage. The Zoning
Board determined the road frontage on County
Rd. was in excess of 600 feet thus allowing for 3
conforming lots, although oddly shaped.
Ms. Foote stated on behalf of her clients she would proceed
with the variance request. Ms. LeClerc
noted the lots are on a State Hwy.
and would need driveway permits. Mr.
Sawyer said frontage on a private road or discontinued road is not considered
frontage for subdivision purposes. The
Board discussed the potential difficulty in obtaining a variance for this type
of situation, however the Therrian’s were eligible to apply. A
motion was made and seconded to schedule a Public Hearing for variance to allow
for lack of frontage on a Class IV
Road pending receipt of an application and fees by
the January 18, 2006 deadline of 1/03/06.
Further discussion raised a question by Mr. Webb as to whether the
Board was ill advising Ms. Foote and her clients to apply for a variance, that may be an uphill battle. Mr. Britton agreed the proposal could be
presented with adequate frontage for all 3 lots off County Rd. Ms. Weber said she would not be able to make
a final determination without a complete presentation and Public Hearing, the
application could prove hardship thereby making is acceptable. Mr. Vose agreed, noting it is up to the
client to determine whether they want to pursue the variance. Ms. Foote stated she was fairly certain they
would prefer to apply for the variance rather than re-shape the lots. Lucy Weber re-newed her motion, motion passed with all in favor.
OLD BUSINESS:
Dance Alpaca Farm
- Ch. Vose said he had spoken with Mr. Hanna, Attorney for the Dance’s, who
said he would be contacting the Selectmen.
Ch. Vose reported the Attorney for the Tretler’s were also in the
process of contacting the Board of Selectmen.
Sheldon Sawyer stated he knows the Attorney for the Dance’s will appear
before the Board at an undetermined point, that he was in the process of
researching the term “incidental”. At
present the Attny. Hanna does not see his client in violation of the
Ordinance. Mr. Sawyer said the two attorney’s for Dance and Tretler were talking back and forth
and may reach an agreement.
Fees for applications
- Present for bylaws change from $30.00
to $75.00 plus $5.00 for each abutter.
The applicant supplies the list of abutters. Second reading.
Ch. Vose called for discussion, being none call for a Motion to approved the fee schedule change
as presented, motion seconded, motion carried.
Minutes of November
16, 2005 - no errors or omissions noted, Motion to approve, seconded, passed
unanimously in favor.
Meeting was closed at 8:20 PM
Cc: file, all ZBA members, PB members
Posted: Town Hall, website: www.walpolenh.us,
Burdick’s Mkt.