May 18, 2005

Present: E. Vose, J. Leclerc, L. Weber, M. Mansouri,T. Chiffriller (alt), L.Carignan (alt), B. Webb (alt)

Absent : L. Britton

NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON JUNE 15, 2005.

All notices were posted and abutters notified for all hearings.

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

Mr. Carignan was appointed to serve as a regular member.

HEARING #1- JOE SAWYER ROUTE 12 SPECIAL EXCEPTION. Mr. Larry Juniper, agent for Mr. Sawyer, is requesting a Special Exception to have a hot dog stand on the Route 12 flea market property seven days per week year round. Mr. Webb, Mr. Vose and Ms. Mansouri are the three members present that were also present for the first hearing meeting and will be the only members voting on this request. Mr. Juniper waived his right to a full board vote. The ZBA received a letter of recommendation from the Planning Board to grant a special exception for a one-year term concurrent with the state AOT’s access permit. Mr. Webb asked if a limited approval would be difficult for the board to reconsider in a year. Mr. Juniper said the state wants to be sure there is no traffic problem at the site. Ms. Weber said that the applicant will have to comply with any state limits or improvements imposed by the state at the one year review. She suggested that the board may not need to do anything more than what the state may do. She said the state may lay down criteria that the ZBA may not be concerned with. The special exception will be granted for a very specific use and anything else will have to come back to the board.

The hearing was closed at 7:36 PM.

MOTION. Mr. Webb made a motion amended and seconded by Ms. Mansouri that the special exception be granted as presented for a mobile hotdog stand open daily throughout the year. All were in favor.

HEARING #2- DREWSVILLE STORE VARIANCE. Mr. Robert Watson is requesting a Variance for a sign that will be within 100’ of another sign and within the setback. Mr. Watson explained that the existing sign only identifies the business to traffic traveling east on Rt 123. Traffic from any other direction does not see the sign. He said the sign will be placed over the newly constructed porch above the temporary banner. The sign will be 2’ X 16’. The porch was granted a variance to the setback. The 32 sq ft sign is allowed and does not increase the non-conformity of the porch. Mr. Webb said it is reasonable to request a sign that will face on-coming traffic to advertise the business. Mr Vose said the corner creates a hardship. Ms. Weber said the board has addressed in-town signs placed in close proximity to each other due to visibility issues. Mr. Vose said the sign will not interfere with visibility.

The hearing was closed at 7:42 PM.

The board considered the five criteria for granting a Variance. Mr. Vose asked the board to discuss and vote on each of the criteria. 1. No diminution in value of surrounding properties will be suffered. No discussion, all agreed with the statement. 2. Granting the permit will be of benefit to the public interest. No discussion, all agreed with the statement. 3. Denial of the permit will result in unnecessary hardship to the owner seeking it. Ms. Weber said there is an issue of notice for

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people traveling west. All agreed with the statement. 4. By granting the permit substantial justice will be done. Ms. Weber said the issue of notice also speaks to substantial justice. All agreed with the statement. 5. The use must not be contrary to the spirit of the ordinance. Mr. Vose said it is not the intent of the ordinance to prevent realistic and logical signs. All agreed with the statement.

MOTION. Ms. Weber made a motion seconded by Mr. Carignan that a Variance be granted for a 2’ X 16’ sign to be mounted over the new porch at the Drewsville Store. All were in favor.

HEARING #2- CONNECTICUT RIVER BANK VARIANCE. Mr. Gary Gray presented the request for a Variance for a sign and a roof within the setback to Main Street. Mr. Vose said the roof is an expansion of a non-conforming use. The roof will cover the two front entrance doors and will protrude 4’ from the building to keep snow, ice and rain off customers. An oval sign with the new logo will be placed over the entrance to replace the existing rectangular sign. This will result in a decrease in the signage on the front of the building. An oval sign with the new logo will also replace the existing rectangular sign on the Sunoco side of the building resulting in a decrease in sign size there as well. The rectangular sign on the drive-up side of the building will be removed and replaced with a free-standing 3’x 5’ sign on the edge of the driveway. Mr. Gray said the change will provide more visibility for the sign. Mr. Peter Palmiotto suggested that the proposed sign may be out of character with other Main Street signs due to its size, color, and location. He asked if other businesses will begin to request free-standing signs. Mr. Vose said the sign is smaller than it appears in the picture shown at the hearing and that the request is not unique to Main Street because on the east side of Main Street there are three sets of free-standing signs that have received variances from the ZBA. Ms. Mansouri said she drove by the bank specifically to see if the sign affects the visibility. She said she did not find it to be obtrusive.

Mr. Vose asked the board to consider the portico and sign separately. The portico hearing was closed at 7:50 PM.

Mr. Vose read from the ordinance the section on expansion of non-conforming use. Mr. Webb said the roof will not protrude beyond the sidewalk. The sign for the accounting business next to the bank will remain. Mr. Webb said the roof will improve the safety of the pedestrians using the building and therefore is a value to everyone. Mr. Vose said it does not materially increase the nuisance value or non-conformity and does not reduce the visibility. Ms. Weber said it is a small intrusion for a large value in safety.

The board considered the five criteria for granting a Variance for the portico. Mr. Vose asked the board to discuss and vote on each of the criteria. 1. No diminution in value of surrounding properties will be suffered. No discussion, all agreed with the statement. 2. Granting the permit will be of benefit to the public interest. No discussion, all agreed with the statement. 3. Denial of the permit will result in unnecessary hardship to the owner seeking it. Ms. Weber said it is the usual issue presented on Main Street of the buildings being too close to the road. She said safety is a reasonable reason to make the change. All agreed with the statement. 4. By granting the permit substantial justice will be done. No discussion. All agreed with the statement. 5. The use must not be contrary to the spirit of the ordinance. No discussion. All agreed with the statement.

MOTION. Ms. Weber made a motion seconded by Mr. Carignan that a Variance be granted for a canopy not to extend more than 4’ from the building toward the street as presented. All were in favor.

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Ms. Weber said she was surprised at the size of the sign and found it to be small and non-obtrusive. The sign will not be lit. Mr. Vose said he found it to be out of the way and was surprised at the size too. He said the board has granted sign variances on the other side of Main Street and has no authority over sign color. Ms. Weber said she understands Mr. Palmiotto’s concern and that the board has discussed the number of signs on Main Street. She said there are a lot of free-standing signs in town and that substantial justice would require that the board approve this one.

The sign hearing was closed at 8:00 PM.

The board considered the five criteria for granting a Variance for the sign. Mr. Vose asked the board to discuss and vote on each of the criteria. 1. No diminution in value of surrounding properties will be suffered. No discussion, all agreed with the statement. 2. Granting the permit will be of benefit to the public interest. No discussion, all agreed with the statement. 3. Denial of the permit will result in unnecessary hardship to the owner seeking it. Mr. Vose said it will increase the visibility to north traveling traffic. All agreed with the statement. 4. By granting the permit substantial justice will be done. No discussion. All agreed with the statement. 5. The use must not be contrary to the spirit of the ordinance. No discussion. All agreed with the statement.

MOTION. Ms. Galloway-Leclerc made a motion seconded by Mr. Carignan that a Variance be granted for a 3’ X 5’ free-standing sign as presented. All were in favor.

NEW BUSINESS. BECKY BROWN 23 SOUTH STREET EXPANSION OF A NON-CONFORMING USE. Ms. Brown said she would like to extend the existing deck on her circa 1963 home at the junction of South Street and Ford Ave. She said her lot extends into Ford Ave and the 65’ setback requirement falls in the middle of her living room. She is proposing to replace the 5’ deck with an 8’ deck to make it more usable. She said there are hedges all along the street. Mr. Vose said the house was built prior to zoning and requires a hearing for an expansion of a non-conforming use. Ms. Brown was referred to the highway department concerning fence placement near the road.

MOTION. Ms. Weber made a motion seconded by Ms. Mansouri that a hearing be set for the June meeting subject to and pending the receipt of a completed application and all required fees. All were in favor.

CONSERVATION COMMISSION’S NATURAL RESOURCE INVENTORY. Mr. Peter Palmiotto presented the ZBA with a copy of the CC’s completed NRI. He highlighted the nine maps included in the copy and explained that the next step is to create a conservation plan that will eventually be incorporated into the Master Plan. Mr. Palmiotto read aloud the CC’s letter to the ZBA outlining the purpose and goals of the proposed conservation plan and asked the ZBA members to offer their input. There was some discussion of the glacial history of Walpole and the protection of the water. He said he’d like to have a digital map to interact with the zoning map in the future. The conservation plan committee meets twice a month- once being at the regular CC meeting.

MINUTES APRIL 15, 2005. Ms. Weber made a motion seconded by Ms. Mansouri to delete “ESM” under minutes of March approval and approve the minutes as amended. All were in favor.

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ELECTION OF OFFICERS. Mr. Vose asked Mr. Webb to run this portion of the meeting. Mr. Webb asked for nominations for chairperson. Ms. Galloway-Leclerc made a motion seconded by Mr. Carignan to nominate Mr. Vose for chairperson. Mr. Carignan made a motion seconded by Ms. Galloway-Leclerc to close the nominations with the secretary casting one vote for Mr. Vose. All were in favor.

Ms. Weber made a motion seconded by Mr. Vose to nominate Ms. Mansouri for vice chairperson. Mr. Vose made a motion seconded by Ms. Galloway-Leclerc to close the nominations with the secretary casting one vote for Ms. Mansouri. All in favor.

Ms. Weber made a motion seconded by Mr. Vose to nominate Ms. Galloway-Leclerc for clerk. Ms. Weber made a motion seconded by Ms. Mansouri that the nominations be closed with the secretary casting one vote for Ms. Galloway-Leclerc. All were in favor.

ALTERNATES. Ms. Weber made a motion seconded by Ms. Mansouri that the ZBA nominate Mr. Webb to a three year term as an alternate. Ms. Mansouri made a motion seconded by Ms. Weber that the nominations close and the secretary cast one vote for Mr. Webb. All were in favor.

ADJOURNMENT. Mr. Vose adjourned the meeting at 8:30 PM.

Respectfully submitted,

Judy Trow, secretary