MINUTES--17 May 2006

Revised 18 May 2006

Present: E. Vose, M. Mansouri, J. Galloway-Leclerc, L. Carignan, L. LaClair, W. Webb, L. Weber.

NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON 21 June 2006.

The meeting was called to order at 7:30 PM.

PUBLIC HEARING: Walpole Creamery, LLC, 532 Main Street—Special Exception.

Timely notice of the public hearing was posted and published, and all abutters were notified by mail.

Ms. Mansouri recused herself, as she works with Cindy Westover. Mr. Carignan and Mr. LaClair were appointed to serve as voting members. Mr. Britten arrived, and Mr. Carignan resumed his role as alternate. David Westover presented the proposal, introducing Steve Caswell of Ye Goodie Shoppe in Keene and Tom and Sharlene Beaudry, dairy farmers, the other partners in the business, and Vic and Maria Castellano, owners of the leased premises. Applicants are proposing the manufacture and wholesale and retail distribution of high-quality hard ice cream made from scratch, not from a mix. The enterprise is in the north end of the building with the existing Laundromat and Tire Center. The premises, just over 1000 square feet, will house manufacturing operations in the rear of the building, and retail sales of cartons and a seasonal scoop shop in the front third of the space. The back space will resemble a milking parlor with washable surfaces and floor drains per State regulations. The State inspector has viewed the property. Paved parking spaces are located in front and in back of the building, and you can drive through around the back. A 10 x 20 exterior freezer unit from Kelly Containers will be installed outside the building against the north wall. A similar unit with a larger motor is used at Bellows House Bakery and makes no more noise than a big air conditioner unit.

The partners will manufacture the ice cream, and when the seasonal scoop shop is running, three or four seasonal employees will be hired. The partners will use the rear parking spaces. Truck traffic consists of raw milk, delivered once a day or less, and supply deliveries received two or three times a week. Wholesale deliveries will be made from a pickup truck with a food locker on the back. Eventually, they hope to purchase a Swann-type truck for deliveries. The scoop shop will operate from mid-afternoon til no later than 9:00 PM. Picnic tables will be placed on the lawn. The building is equipped with 3 Phase power and town sewer. It is served by a well, and water will be recirculated to avoid excessive strain on the well. The long-term goal is to open a milk bottling operation at another site in Walpole, which has the largest number of active dairy farms in the state.

Mr. Vose explained that because the operation includes activities defined as manufacturing, the applicants must satisfy the industrial use criteria for a Special Exception. He read the standards from the ordinance, including setback requirements, adequate off-street parking and loading facilities, and lack of offensive dust, noise, odor, fumes or water pollution. Also required is a recommendation from the Planning Board, which has been received.

Mr. Webb inquired about the distance from the edge of the freezer to the property line, which must be more than 20 feet. The Castellanos believe there is more than 20 feet to the pie-shaped wedge of property on the north side. Ralph Murray, abutter, asked if the freezer could be installed at the back rather than the side, avoiding the distance issue and lessening the noise for his property. The Castellanos replied that there is a snow issue in the back, making it impractical to place the trailer against the building. They offered to go and measure the distance to the side line. Mr. Murray is concerned both about the noise issue and the placement of the picnic tables, as he

ZBA 17 May 2006—Page Two

says there was some encroachment by a prior occupant of the space. Mr. Westover offered to meet with Mr. Murray regarding the placement of the tables.

Mr. LaClair asked how often the sanitization process would occur. Sanitization has to occur whenever the flavor of the ice cream is changed, and at the end of the day. Standard milk house disinfectant is used, and then disposed of through the town sewer. Mr. Vose asked about disposal of milk byproducts. The creamery will use whole raw milk enriched by extra cream, so no milk byproducts will be produced onsite. Ms. Mansouri asked, from the audience, if the proposed renovations to the building would cost less than $10,000 and Mr. Westover confirmed they would. Mr. LaClair asked how much water is used in the cleaning process, and it was estimated about as much as washing a car or taking a shower—in the neighborhood of 15 gallons.

The matter was tabled while Mr. Carignan and the owners visited the site to verify measurements to the side line.

Old Business:

Mr. Vose inquired of Mr. Searles, who was present in the audience, if he was going to submit an application for the catalogue business on Wentworth Road. Mr. Searles said he has a deposit on premises in Westmoreland, and hopes to move his operation there by summer, so he will not submit an application.

Mr. Vose stated that Mr. Pickering had decided not to proceed with the covering of his basketball court at this time, so no application will be forthcoming.

Gravel Pits: Mr. Britton and Ms. Mansouri visited both Cold River Materials operations and found them to be in good order. Mr. LaClair and Ms. Weber visited both Hodgkins pits and George Graves’ pit. The Graves pit was in good order except for one point where the berm protecting the roadbed from a steep slope was low. On a subsequent visit this problem was no longer apparent.

Ms. Weber expressed concerns regarding the Hodgkins operation, including potential silt runoff and operations close to the streambed and abutters at the Drewsville Road operation, and lack of barriers and landfilling of construction debris close to the streambed on the Route 12 site. As the Zoning Board’s mandate is to regulate earth extraction operations, it is unclear what our role is with respect to the deposit of material on the property. Mr. LaClair also wondered of parts of the site are due for reclamation operations. Both sites have been rechecked by Mr. Vose and Mr. Carignan, and a list of the concerns was left for Mr. Hodgkins.

Mr. Vose reported that some debris had been burned and cleaned up at the Woods pit, which he visited with Mr. Carignan. The Sawyer pit on Route 12 is the only one not grandfathered, so a permit and performance bond for reclamation are in force. The front part of the operation has been reclaimed and is the current Flea Market site. The back part has some activity, and all was in good order.

It was moved and seconded that we revisit all the gravel pits this fall to ensure compliance and to get back onto the fall inspection schedule, which was disrupted by last fall’s flood. All voted in favor.

Minutes: The minutes of the April 19 2006 meeting were approved with corrections already made by Ms. Weber.

ZBA 17 May 2006—Page Three

The measuring crew returned and Mr. Carignan reported that there is in excess of 30 feet to the side line, so adequate space exists for the freezer. Mr. Murray and others have gone up to Bellows House Bakery in North Walpole to assess the noise from their freezer.

Election of Officers: The following officers were duly elected for the coming year:

Chair: Ernest D. Vose

Vice Chair: Myra Mansouri

Clerk: Jan Galloway-Leclerc

The Walpole Creamery hearing was reconvened on the return of the property owners and abutter. Mr. Murray reported that the noise from the freezer was not bad. It was moved and seconded that the proposal be approved as submitted. All voted in favor.

New Business: There being no new business to come before the Board, the meeting was adjourned at 8:45 PM. The next meeting will be held on Wednesday, June 21, 2006 at 7:30 pm.

Respectfully submitted,

Lucy McVitty Weber