Town of Walpole, Walpole, NH 03608
PLANNING BOARD MEETING
January 9, 2007–7:30 pm
Town Hall
MINUTES
Presiding: Jeffrey Miller, Ch.
Members Present: Bob Miller, V. Ch., Sheldon Sawyer, Selectmen, Dave DeCoste, Henry Fletcher, Eric Merklein, Ben Daviss, Fred Dill, alt.
Recording: Pamela Aslinger, alt. and Secretary
These minutes are unapproved and will be reviewed at the February 13, 2007 meeting for errors, omissions and corrections. (There were approx. 30 persons in attendance)
I. Meeting opened at 7:40pm
A. No alternates were designated, due to a full attendance.
B. Minutes from December 12, 2006 were approved as amended.
II. Ch. Miller called for review of the James and Bonnie Dockham proposed Lot Line Adjustment:
Mr. Dockham described his intent to annex a .01-acre pie shaped parcel of land owned by 504 Main St. LLC aka Fred Dill, to his existing parcel located at 145 Upper Walpole Rd., Map 12, Lot’s 40, 43 and 13. Secretary Aslinger reported the application had been received complete. She noted one resolved issue regarding Jeff and Karen Michaud, LLC being listed as abutters. The Town records were updated prior to notifying the abutters of the scheduled Public Hearing thereby the Michaud’s hearing notice was not mailed, but hand delivered after the required deadline. Also the Cabot abutter did not receive their personal notice due to an address change. Their notice was re-mailed, after the required date. Ch. Miller called for a motion to accept the application as presented, was so moved and seconded. Motion carried unanimously.
III. Ch. Miller closed the regular meeting and opened the Publi c Hearing
Ch. Miller called for comments. Mr. Dill noted he was an alternate and not voting on this application. Hearing no comments or questions:
IV. Ch. Miller closed the Public Hearing and re-opened the meeting
Members reviewed the maps with no questions. Ch. Miller called for a motion to approve the application as presented, was so moved and seconded. Motion carried unanimously. Maps and mylar were signed. Mr. Dockham agreed to record the mylar at the registry of deeds, he will contact Sec. Aslinger with the cabinet and drawer numbers as proof of recording. Sec. Aslinger will provide him with a signed map for his records at a later time.
V. Ch. Miller closed the regular meeting and opened the Public Hearing on:
A. Proposed Zoning Amendment Proposed by the Planning Board #3. Reduce the number of stories allowed (3) for a multifamily dwelling to (2) by amending Article VI Commercial District, Section B. 8. a. Ch. Miller stated the amendment had been discussed at the last meeting, members agreeing the change would lessen density and aesthetic issues. Mr. Dill asked for clarification on what 3 stories meant. Whether an attic space with a dormer could be considered a third story, he thought the wording should be more explicit. He wondered if a second story went up, was it expandable for storage?
Ch. Miller said the clear intent is that 3 stories are for residential living only. If the third floor was for storage and included a dormer for aesthetics, there would be no living within that space. Mr. DeCoste noted attics are generally built with very limited slanted roofs and low ceilings, more a 1/2 story as opposed to a full story. Ch. Miller thought it would mean two floors above ground. Mr. Dill asked about a walk out basement, noting he was trying to avoid issues coming up in the future with the change. Members referred to the exact wording, noting it clearly states “No building intended for multi-family occupancy shall contain more than two stories for human habitation.” Mr. Daviss asked if the wording was changed, would there be time to hold a second public hearing, answer was yes on 1/23/07. Ch. Miller stated he thought the wording was correct, Mr. Dill agreed.
An audience member, Mr. Harry Thompson asked if an existing 3 story building were to burn down, could it be rebuilt as a 3 story if this amendment passed? Answer was no, it would be rebuilt under the new 2 story requirement. Mr. Tom Rogers asked why the commercial property owners were not invited to discuss the change as they were invited prior to the 2006 original amendment? He did not understand why there was a unanimous decision by the Board to change it to 2 stories. Ch. Miller reminded it was not a unanimous decision; the vote was 3 to 3 with the Chairman breaking the tie. Mr. Rogers thought the Board should have included the commercial property owners as it relates to multifamily proposals. He reminded the first attempt to change multifamily in 2004 was shot down due to the commercial property owners’ effort to preserve their development options. Ch. Miller said his point was taken, called for further questions and comments. Hearing none, he ended the Public Hearing on Amendment #3 and began the Public Hearing on:
B. Petitioned Amendment #4 “Amend the zoning district for the portion of Tax Map 12, Lot 4, presently zoned Rural Agricultural, known as the so-called Huntington Farm, owned by Hubbard, LLC from Rural Agricultural to Industrial.” Ch. Miller recognized Mr. Hanna who was representing the petitioner’s. Mr. Tom Hanna stated he is representing Chamberlain Machines in Rockingham who is interested in moving across the river, and believes the site would be ideal. Ch. Miller interjected asking the Board if they thought he should be recused because his wife, Dianne had signed the petition. He felt it could be a conflict since his wife works for Hubbard LLC. Ch. Miller said he felt he should recuse himself and turned the meeting over to Mr. Bob Miller, Vice Ch. He appointed Mr. Dill as his alternate. Attorney Hanna offered his expert opinion on recusal, saying the Board was in a legislative capacity on this matter not in judiciary capacity. He stated Ch. J. Miller was not in conflict with the statute regarding disqualification, however it is Mr. Miller’s decision and what he is most comfortable with. Mr. Miller thanked Mr. Hanna for his comments. Mr. Hanna continued, describing location of the Huntington Farm on Rte. 12, Tax map 12, lot 4, noting the first 250 feet of the property along Rte. 12 is in the Commercial Zone, the remainder is in the Rural Agricultural Zone. The Rural Ag. acreage is what is being changed to the Industrial Zone. He said they had to move very quickly to present the petition although preferring to bring it up to the Board sooner. He submitted a letter from Michael Bergeron, Business Development Manager from the NH Division of Economic Development (on file), supporting the zoning amendment. Members had copies to review. The letter states Mr. Bergeron has been working with Chamberlain Machine for over two years. He often works with small out of state manufacturing companies that have interest in locating between Keene and Claremont. He states, if Walpole offered a small business park he would introduce other companies to add to the tax base. Mr. Hanna said Chamberlain has outgrown their present location and is eager to accommodate their workforce. He introduced Mr. Toby Tousley the prospective developer of the property. Chamberlain Machines would be the anchor for the site. He asked Mr. Tousley to make his presentation. Mr. Daviss asked Mr. Hanna to clarify who he represents; Chamberlain or Mr. Tousley or both? Mr. Hanna stated he was representing Chamberlain Machine as the anchor for the development. Mr. Tousley is the developer and he speaks for himself. Mr. Tousley said he and Chamberlain are working together on the project. He would be subdividing an 8-acre piece for Chamberlain and would continue with the rest of the project in the future. Mr. Tousley provided an aerial photo of the parcel. He pointed out the location, boundaries, existing buildings and accesses. He said it is a desirable flat piece of land. The existing buildings would be taken down. He thought the commercial section may be developed in time with lots similar in size to the existing Diamond Pizza site. He did not think restaurants, but possibly professional services would be considered. He said he’s looking for the industrial changes to bring in more companies like Chamberlain, possibly 2 or 3 more of their size. Chamberlain will build a 40,000 sq. ft. building. He sees it as a great opportunity for Walpole, by bringing in a thriving workforce, tax revenue. He said the property is assessed at 1.21 million. He said Chamberlain could add 2 million dollars to the revenue base.
Mr. James Dockham asked about access. Mr. Tousle pointed out the main entrance would be Huntington Lane, and a second access. Both accesses have DOT permitted curb cuts. Mr. Hanna reminded those kinds of questions will be addressed during the Site Plan Review process with the Planning Board. He said DOT would be included in the review of the intensity of the development.
Myra Mansouri speaking as a private citizen asked, what is the purpose of the re-zoning? Mr. Tousley said because industrialuses are not allowed in the rural agricultural without a special exception. Mr. Tousle thought that coming to the Zoning Board each and every time they develop the site would be a problem. Ms. Mansouri said she disagreed, she read from the Zoning Ordinance requiring all industrial developments to appear before the Zoning Board for certain permits whether it is rezoned or not, so why the need to change the zoning? Mr. Tousley said they all agreed the zoning change was the proper way to proceed. Ms. Mansouri said she thought they were changing the process. When someone moves into a rural agricultural district they are usually surrounded by large pieces of property. Do property owners need to be concerned if they own 5 or 10 acres that a large 50-acre parcel may be presented to the Planning Board for a zoning change? Mr. Dill said anytime you move, you take a chance things may change in surrounding properties. Mr. Dill said the chances of re-zoning is pretty slim and requires specific criteria and special circumstances such as what is being presented. Ms. Mansouri said once the parcel is rezoned it will be rezoned forever. The process of Site Plan Review and review by the ZBA is the same whether it is in the Rural Ag. or Industrial zone. She thought it should be left as Rural Ag. Mr. Dill said from a property owners’ view, when you apply for financing or business insurance they want the use in its correct zone to avoid any problems with rebuilding if, a fire should occur and it didn’t conform to the zoning. Ms. Mansouri said it would conform to the zoning, if it were given a special exception in the Rural Ag. zone. Mr. Sawyer said the size of sewer and water facilities to the parcel is better engineered if the entire parcel is designated as an industrial zone, rather than one 8-acre section at a time. He thought it needed careful planning ahead of time. He said when asking for a special exception there is more of a chance of bias in the vote. There have been examples of where saying no to a special exception was based on not liking a project due to location. He said the property has been historically considered an industrial business. Perhaps the Town would have already changed the zoning had they known what was in the future. Mr. Webb asked since the Town recently prepared the wellhead protection study, has it been considered? He said the property is located in the protection area, is industrial zoning proper? Mr. Sawyer said having been a part of the study he spoke with Mark Houghton. Mr. Houghton said there would be no problems with the site, it is probably safer than having houses with gardens, lawns and pesticides. Mr. Webb said it seems if the rest of the property is developed industrial, whatever type of industrial goes in, is very important. Mr. Tousley said he was aware of the Town well and said nitrates from agricultural uses is more of a threat than industrial uses. Mr. Tousley presented the Board with a letter (on file) from Brackett Geosciences in Keene. Mr. Tousley read the letter aloud. Mr. Steven L. Brackett, Senior Geologist reported in conclusion: “Given that your project is located to the east of the Walpole Town well (not in the direction from which Walpole Town well is recharged) and given the large distance (1300’) between the well and your proposed project site, it is the opinion of Brackett Geo. That is highly unlikely that there is any sort of hydro-geologic connection between the groundwater under your proposed project site and the Walpole Town Well”. Mr. Tousle pointed out the well location saying the groundwater is going to flow with the river. Mr. Gary Speed, Ch. of the Conservation Commisssion, provided wellhead protection maps for review. Mr. DeCoste noted the re-zoning is just west of the RR tracks, he said the property does not go beyond the RR tracks.
An audience member Cliff Cooke asked how many employees could be expected for the entire project? Mr. Tousley answered depending on who moves into the site, 100’s and 100’s, but thought Chamberlain could better answer the question about their employee numbers. Chris Miller answered they have about 45 employees and expect a 5-10% annual increase. Mr. Cooke asked, if Chamberlain’s property value was being estimated at 2 million dollars, what amount of revenue would be brought into the Town. Mr. Sawyer said the tax rate for commercial or industrial is at approx. $20.00 per thousand, the revenue generated could be about $40,000. He noted they just abated part of the property and others in Town amounting to $1million dollars worth of property. Mr. Cooke noted the property will have Town water and sewer; there will be not cost to the Town to provide these services. He asked if there were private residences abutting the property. Answer was yes a few along Huntington Lane. Mr. Dill said they are all within the Commercial District.
An audience member Paul McGuirk asked if the vote changing the zone would be a simple majority or a 2/3rds? Answer was a simple majority. He asked if only the Rural Ag. section will be changed? Answer was yes. He asked why they weren’t changing the entire parcel? Mr. Tousle said he personally did not think it was appropriate to have industrial along Rte. 12; it wasn’t what the Town wanted. He said he assumed it was made commercial in the past for a reason and wasn’t interested in changing what the Town wanted for that area. Mr. McGuirk thought commercial development increases traffic more than an industrial use. Mr. Tousley agreed, saying the commercial zone will remain in place because it was a decision made by other people, he did not make the decision and is not interested in changing what took place beforehand. Mr. McGuirk thought he would support the change more, if the entire parcel was made industrial. Mr. Tousle said he did not have the time to make that change. Mr. Sawyer thought it wouldn’t do justice to the homeowners to change them to industrial. He noted one of the property owners he spoke with was in favor of the change as proposed.
Ms. Mansouri reiterated her prior statement, adding she is not anti-growth or anti-business but she did not see why they were changing the zone when the ordinance allows an industrial use in the rural agricultural district by special exception. She thought in consideration of the Master Plan the Board should uphold its guidelines. Mr. DeCoste asked why the petitioners were against the special exception process. Mr. Hanna said there is a big difference between asking for a special exception in the rural agricultural district. He thinks it would be hard to get a developer to invest in the infrastructure if it requires a special exception by each of the prospective tenants that come along. Mr. DeCoste said he preferred an answer from Mr. Tousle. Mr. Hanna said as a lawyer, he’s saying there is a substantial difference between the permit required in the rural agricultural district vs. the industrial district. Mr. Tousle said he didn’t want to ruffle feathers, he thinks it will be great for Walpole. When he was planning the project he thought it would go more smoothly if they didn’t have to jump through hoops, maybe they’d be permitted or maybe they wouldn’t. The zone change makes the project more practical.
Mr. Merklein asked Chamberlain if they had to go through with the special exception process was it a deal breaker, would they still move the shop to Walpole. Mr. Chris Miller said they had discussed it, but opted to go with the zone change, he didn’t have a definite answer. Mr. Merklein asked if the zone change passes, what is the maximum build out for the site and how does that effect the traffic? Mr. Tousle said the site is large enough for 2 or 3 more sites, like Chamberlain, so about 100 employees. It all depends on the needs of the potential tenants. Mr. Merklein asked how the Board would proceed. Jeff Miller answered; the amendment will appear on the warrant, the entire Town will vote on it. The Board will only be voting to recommend or not recommend it at tonight’s meeting.
Gary Speed of the Conservation Commission recommended to the Planning Board not to recommend the zoning change based on preserving the agricultural land and the fact it is located in the aquafir and well protection area.
Acting Ch. Bob Miller said the present so-called agricultural use has just be abated and it is only the tip of the iceberg for more abatement’s.
Mr. Speed said it is agricultural now although it’s not being farmed. If it is rezoned it will not return to agricultural and it is presently designated as prime farmland.
Mr. Sawyer said it is not farmable as it is.
Mr. Dockham asked, if it is rezoned to industrial are there any provisions to encourage environmentally friendly businesses? Mr. Bob Miller answered; all business proposals would come before the Planning Board for Site Plan Review, where environmental concerns would be addressed. Mr. Jeff Miller said the Board would make sure the well was protected through its review process. An audience member asked about air quality. Mr. Bob Miller said each and every business would be looked at individually and carefully.
Mr. Schupack reminded everyone about the Well Protection Ordinance, that very specific criteria must be met within the protective zone. He said the entire area is subject to the ordinance. He said the ordinance would be carefully reviewed with every individual project. Mr. Tousle said he was prepared to address the ordinance and install monitoring wells.
Ms. Mansouri said Pete’s property just down the road is also for sale. The first 250 feet is in the commercial zone, right behind it is the agricultural zone. She said one of the Addison’s came into her office today wanting to know what was going to happen to him when they start taking the land away for farming, he rents all of his farmland? She is concerned the Town is loosing its farmland.
Mr. John Hansel said he decided to look into the current industrial park. He spoke with Bill Lance the owner who said the entire industrial park is for sale. Each parcel has its own water and septic, the newest building is about the size Chamberlain is looking for and is brand new. He asked about services, there is land available for further development. Mr. Hansel said he spoke with Mr. Ted Benson of Bensonwood since his operation is industrial in a rural agricultural district he wanted to know how he dealt with his electrical requirements. Mr. Benson said they put in their own generator. He saves money every month because he doesn’t pay for peak use power he doesn’t use. He said even if the Town offered 3 phase power, he would still prefer generating his own power. Mr. Hansel said he figures the Town of Walpole has an industrial park, and it should be used. He visited each tenant who are all happy with their location and situation. He visited with the newest building owner (Extra Innings) his building is for sale, there is additional land for sale to expand the 11,000 sq. ft. building, it has water and sewer. He said the power generator could be added. He said Mr. Benson offered to have Chamberlain look at their records to see
how much he saves by generating his own juice. Mr. Hansel said, the Town needs to consider making the best use of what people in the past have set aside as the industrial zone. He thought an alternative should be considered.
Mr. Bob Miller said he didn’t think it was for the Planning Board to push a proposal onto Chamberlain. Mr. Hansel said when there are alternatives available, should we sacrifice agricultural land. He said at a prior meeting some spoke vehemently about the loss of farmland in the Town, he thought we should make use of the available industrial space.
Mr. Chris Miller said they had evaluated many areas including the present industrial park, finding several reasons it would not be suitable. The most significant being skilled labor it is very important in their type of business, they invest in the training of their employees, their employees are a big part of their business. He said the location is out of the center of location for their employee base, it would have an adverse impact on their business. Secondly the lack of 3 phase power. And unfortunately they use a lot of power any modern manufacturing business must be part of the grid to be competitive. He added Bensonwood is a significantly different business than Chamberlain and couldn’t be compared. He said public water and sewer is very important, although they do not use either as part of their manufacturing.
Mr. Webb asked Mr. Chamberlain how thoroughly they considered the current industrial park? He said Mr. Hansel had managed to come up with some information in favor of using the present industrial park. He said he found it hard to believe their employees would not drive to the other side of Walpole, that it was not a significant distance. Mr. Chamberlain said many of their employees come from as far away as Mt. Holly, Springfield Vermont and the Claremont area. It is significant.
Mr. Jeff Michaud said, as a Walpole businessperson, he sees the public trying to micromanage Chamberlain’s business. He said the public debate is whether the zone is to be changed, not telling them how to generate their power. He felt Mr. Chris Miller had done his research and didn’t need to be told by the public how to manage his business.
Mr. Jeff Miller as private citizen said, he showed his support for the project at the last meeting. He said unfortunately Hubbard Farms is not a growing industry in Walpole. They are selling the land it’s a valuable asset. He said the land would not be used for agricultural purposes. It could be used for residential or multifamily dwellings into the future. He said during the Master Plan study they had considered having Rte. 12 designated for light clean industrial parks. He said Chamberlain is a very fine company that wants to locate in Walpole. He said they are a good business to preserve the land in a nice light industrial use, the density issues are much better than residential or multifamily or even commercial activity. He thinks it benefits the whole evaluation of Walpole and the working force of Walpole. It brings good paying jobs and benefits the Town in the future. He hoped the Board would support the zoning change by recommending it.
VII. Mr. Bob Miller called for final comments, being none he closed the Public Hearing and reopened the regular meeting
VIII. Board Discussion/Action on Proposed Amendments 3&4 was called for
A. Mr. Bob Miller called for Board comments on #3. Mr. Merklein said his concern about 3 stories versus 2 stories was not intended to prevent people from living in apartments. He agrees housing is very much needed. However he said because they are allowed all along the commercial strip, the density impact becomes a serious issue and reducing the stories reduces the serious impacts created by higher density development. Ch. Jeff Miller asked for further comments. He called for a motion to place the amendment as written on the warrant, so moved, seconded. Motion passed with 2 against, 5 in favor.
B. Mr. Bob Miller called for Board comments on #4. Mr. Daviss said he thought the Board should consider that they were being presented with two propositions bundled into one, he understands the Chamberlain proposal is part of the zoning change, that he respects their intentions. His concern is largely about the process. He said he had been coming to the meetings for 18 months and couldn’t remember discussions about Walpole needing more industrial space or a park. He understands why there are good and valid reasons for the Board to consider it. He said being presented with this change and being asked to make a recommendation on something that changes the character of the Town in a certain way, seems to him to be quite speedy especially in light of two considerations. The first being the update of the Master Plan in a couple of months, he asked whether the Board would want to rezone this particular piece of land in this particular part of Town on the cusp of looking at the Master Plan. He thought re-zoning this parcel should be part of the Master Plan discussion. The second consideration is in regard to the Conservation Commission’s recent Conservation Plan that will be made part of the Master Plan update and hopefully adopted as a part of the Master Plan. The Conservation Plan shows that prime agricultural land is to be preserved, this parcel is in that prime agricultural zone. Mr. Daviss said he realizes no one is going to farm the land in the near future but it could be farmed in the far future, but by then the land will be gone. He said the plan states once the land is paved over, there is no do-over. He asked if the Board wanted to make that decision before it has had a chance to consider the Conservation Plan that is asking the Board to preserve the land. He said the Conservations Plan shows their prime #1 goal is to protect the drinking water resources. The plan points out the prime goal, once the Town was surveyed for the Master Plan, is the same prime goal of the Master Plan and Town residents, to protect drinking water resources. He said it is noted in the Master Plan, when excessive developments are placed over land overlying an aquafir the result is excess compaction that damages the aquafir. He said he did not know what was being proposed for the land, whether there will be excess development, pavment or building coverage. He said he did not think the Board has enough information to make an informed decision tonight. He said he thought we needed expert advice before the decision can be made to recommend it to the voters. He said it could well be a good or bad thing for Walpole. He cautioned the Board to seek further information to make the decision, especially since the Town is expecting the Board to review the Master Plan, not to make single-handed decisions in advance of that review. He thinks the Board needs to hold onto their power to control development in the Town. He said he respected Chamberlain’s needs. He understands and respects that it is beneficial to their business. He said they need to respect the job assigned to the elected Planning Board Members to guide the growth of the Town, to help developers where they can, it’s not to sign off on what they want to do, because it is good for their business. He said if it is rezoned the Board looses any say over frontage, lot sizes and building size since there are no requirements in the Industrial Zone. He asked if the Board was ready to accept that.
Acting Ch. Bob Miller said there was no issue on the road frontage because the property along Rte. 12 has adequate road frontage since it is zoned commercial for the first 250 feet in. Mr. Daviss agreed but noted there would be no lot size consideration in the back portion. Mr. Bob Miller said he was no expert on compaction but it seems with an 8 acre piece of land with a 40,000 sq. ft. building on it and parking for 50 or 60 cars, common sense tells him that doesn’t seem to be a problem. Mr. Daviss agreed but he thought the Board needed expert advice regarding a property sitting on top of the Town’s water source. He said he’s not arguing against Chamberlain’s proposal as presented. He’s concerned about the process of recommending the zone change based on common sense or on one letter. He strongly urged the Board to be very, very careful. Mr. B. Miller said the Board’s job was to make a recommendation that it approves or disapproves of it, so it can be placed on the ballot for a Town vote, the voters would decide. Mr. Daviss stated the Board knows from experience a lot of voters look to see if the Board recommends it or not, then they check the box. He cautioned making the recommendation without full knowledge.
Selectmen Sawyer said he was satisfied with the expert opinion provided by Mr. Tousle, he questioned the Conservation Commission’s expert and thought there was no further need for more information. Mr. Daviss said Mr. Tousle’s letter did not address compaction and the effect on the aquafir, only about direction of flow. Mr. Sawyer said there had been a large amount of truck traffic and employee traffic on the site already and did not see where there would be a substantial change. Mr. Daviss said it might not be a good idea to assume it would be ok to maintain the same level of activity without knowing how it is effecting the aquafir. He said the process is his concern, the setting of a precedent when the Board has had no discussion about the need for an industrial park but suddenly a developer comes in with a proposal and the Board is going to recommend it to the voters for the benefit of the developer. Mr. B. Miller said the proposal if from a known business across the river with a great reputation and they want to come to Walpole, so it’s not like an unknown developer. Mr. Dill said normally a developer comes in and won’t give the Town a clue as to what they want to put in. Here we have an A-1 tenant coming in and his disagrees about making the decision. He said no decision is a decision. He said when talking about farming and agriculture, if you compare his land across the street with 6 foot deep pile of manure that will be spread around, he’s not sure it’s better for an aquafir because it’s farming and rural ag. than it would be to have a business like a machine shop with lawn and trees on it. He said not to jump to the conclusion the proposal would be bad, there are good things that can come with it. Mr. Daviss agreed and has not jumped to any conclusions, but would prefer to have more information. Mr. Dill said there would never be enough information for Mr. Daviss he would never be satisfied. Mr. Dill said that’s the goal to keep asking for information so that nothing ever happens. Mr. Daviss disagreed saying that was not the goal. He said the goal is to make an informed recommendation to the Town. He did not think there was enough information to make a responsible recommendation and it would be setting a precedent. He said State Law requires the Planning Board to promote, protect and carry out the Master Plan’s goals and objectives. He said it is our guide based on the character of the Town and it’s land use. He understands Fred’s objections but its not the proposal, it’s the process. He supports Chamberlain’s proposal, it’s people, its reputation. He said it is an incorrect characterization to think he does not want to ever see anything change it is just with the process and the effects of a recommendation.
Mr. DeCoste said if it is assumed this zone change goes through, then the issues Mr. Daviss has raised could be made part of the Site Plan Review. He said the question is whether the zone should be changed to industrial. He said if you don’t think is should be industrial, fine, however if it isn’t changed what is the future for the site, it isn’t going to be farmed. He said as far as the concerns over the aquafir and compaction the Board can deal with it every time a proposal is brought forward, whether it is re-zoned or not. Mr. DeCoste thinks the issue is whether is should be rezoned or not.
Mr. Sawyer said over the years, maybe not in the last 18 months, there has been a great deal of discussion about adding to the industrial zone, the need for expanding the tax base with light industrial businesses. He said they were aware it was a limitation at the present industrial park not having 3 phase power, Town water and sewer. He said some industries want that. He said of Bensonwood they took over decent farmland and had originally wanted to put in 3 phase but went with the generator because of the expense of putting in 3 phase power. He said he was quite certain discussion about adding the industrial zone had taken place over the years. Mr. Dill said he has been coming to meetings for 24 years and Jeff, Bob and Sheldon were all on the Board. He pointed out that Henry too, a native, had been on the Board for many years. His point was showing the experience represented on the Board. He said any Town would be happy to have a company like Chamberlain come, he cautioned not to slam the door in their face like Keene has done. He said not to look at it as a worse case scenario, and if Bensonwood’s power alternative is such a great solution, more than Bensonwood would have it in the County. He said it isn’t for everyone. He said when the tenant has specified their reasons as Chamberlain has done, they have no reason to lie, he said they like this location because of how much it has to offer. Mr. Daviss said he completely agrees with Chamberlain as a tenant. Mr. Dill said there is a sense of urgency when someone wants to move their business, they don’t have extra time, and if this first choice change doesn’t happen they will have to start looking elsewhere. Mr. Daviss understands but he felt it was his elected duty to promote and protect the goals and objectives of the Master Plan. He said he feels constrained by it, not that he has anything against Chamberlain. Mr. Daviss asked if the Board would consider sending the amendment without any recommendation. Acting Ch. Bob Miller said no.
Mr. Bob Miller said he was on the Board when Bensonwood came to Town, he sees the only difference with Chamberlain’s proposal is that Bensonwood may not be sitting on top of an aquafir. He said their proposal was a slam dunk, everyone was happy to see them come to the Town, although Mr. Miller no longer drives by the 11 acres of beautiful corn. Ms. Aslinger asked if Bensonwood rezoned their property? Answer was no, they went the special exception route. Ms. Aslinger said she agreed with Ben on a lot of his points on the process. She said the Town ordinances already allow for an industrial use in the commercial and rural agricultural districts by special exception. She said the Board is covered. No one can be turned away if they want to have an industrial use in the rural ag. or commercial districts. She said she was uncertain as to why Mr. Tousle would want to change the zone to industrial if its use is already allowed in the rural ag. zone. She said she understood and agreed with Mr. Dill’s comments regarding banks and financing. She verified that banks and financiers are adamant about having the use already in place. She said the Town’s ordinance provides if there is an industrial use in a rural agricultural or commercial district, that it should be considered for a zoning change in the near future. She feels the Town is covered by its ordinance, whether the Town votes to change the zone or not or whether the Board votes to recommend it or not, the Board is not restricting anyone from putting an industrial use in the rural agricultural zone. She said it is simply a matter of whether the Town wants to create a new industrial park in Town. It’s not about whether an industrial use can be put in a rural ag. or commercial district, she said it’s a moot point. She said she agreed with Mr. Michaud stating it is only about changing the zone and creating a new industrial park. She said as far as allowing just the one section for Chamberlain or the next one that comes up without changing the zone, isn’t a problem, on the contrary she sees it as better for the Town. She said the Site Plan Review is a great process but the nice thing about having a special exception on a property and project like this one is it creates a pre-review so that traffic or the aquafir can be addressed before a developer comes in with elaborate plans and we say wait a minute, we have a traffic or aquafir issue here. She said she thought it saved the developer a huge expense. Mr. Dill and Mr. Hanna both said it was the opposite, that she was totally wrong. She asked Mr. Dill how? Mr. Dill said if he’s going to develop he wants the property to be zoned for what it’s going to be, like the property he bought. He bought it because it was zoned commercial, not rural agricultural and have to go through this kind of stuff to do it. He said you can say “do it by special exception” but it’s not what developers want when they’re investing a couple of million dollars. Ms. Aslinger said but the Board represents the Town’s interests, it’s not the developer against the Town or the developer coming to the Town and saying this is what I want to do. A developer comes to the Town, looks over our regulations and sees what they have to work with if they want to move into the Town. She said the regulations are great, somewhat thin but as Mr. Fletcher said in the previous meeting our forefathers were smart enough to keep the Village away from the commercial area, so too the writers of the ordinance were able to protect the Town and allow it some leeway at the same time. She said it is great having the rural agricultural district and extra allowed uses, that it would be better to see it used agriculturally. She referred to a publication available at Agway created by the NH Office of Energy and Planning, showing all the agricultural uses in the Valley. She said while someone may not put in a new dairy, the face of agriculture has changed but is still viable. She mentioned the community garden at Bensonwood’s facility. Mr. B. Miller thought it was only for the employees however. He stated it had been many years since the site had been farmed, and the chickens are leaving town. Ms. Aslinger said whether it remains agricultural or not Mr. Tousle said one of the reasons he wasn’t changing the 250 feet of commercial zone is because it is existing. She pointed out the rural agricultural section is also existing. Mr. Dill said it is a practical place for industrial use because it is off a main road, set back from the commercial zone, it has town water and sewer, and it isn’t going to be used for farming. He said it is basically 21 single-family homes or it’s commercial. He said 21 homes would place 48 kids in the school system at $9000.00 each.
Mr. Merklein said he knows some do not like to see the farmland lost, but it is going. He agreed with Mr. Dill about not wanting to see 21 single-family homes that could add substantial density issues. He said he prefers to see it locked into industrial zone. He asked how the Townspeople would be voting on it, by voice or on the written ballot. It will be on the written ballot.
Mr. Fletcher asked to move the question, Mr. Dill seconded to stop the discussion. All were in favor of stopping the discussion. Mr. Sawyer moved to have the Planning Board recommend re-zoning the Huntington Farm parcel to industrial. It was seconded, the vote was in favor of the motion. 5 for, 1 against, 1 abstention.
Ch. Jeff Miller resumed his place, Mr. Dill returned to non-voting alternate status.
VII. New Business
A. Jeff and Karen Michaud, LLC - Mr. Michaud presented application materials to the Board for a 2 lot minor subdivision located on Dearborn Circle Rd. adjacent to his business, Fall Mountain Bldg. Supply. The newly created lot has 200 feet of frontage on Rte. 12 and is approximately 2 acres. He plans to build his house on it. It will not be affected by the zoning amendment. He has a 50 ft. right of way on Dearborn Rd. A motion to place his application on the February 13, 2007 agenda and to hold the Public Hearing was made and seconded. Motion carried unanimously.
VIII. Unfinished Business
A. Ch. Myra Mansouri of the Zoning Board addressed the Board with her disappointment on their decision not to present the Zoning Board’s amendment to allow home businesses in the Rural Ag. zone. She said much of the Rural Ag. zone is not large tracts, all who live on County Rd., Wentworth Rd. or Valley Rd. may have only 5 or 7 acres. She said, do you realize you may not be permitted to have a home business? She explained what she means by a home business that is allowed in the Residential A & B districts. It can be a hair dressing business, a home office, doctor’s office, an internet office. She said the Board has taken away the ability for someone in the Rural Ag. zone to have an in-home business. She handed out copies of the Zoning Ordinance for the Board to review. Ch. Miller said home businesses were allowed by special exception, that they had been allowing them for years. Ch. Mansouri said the only way was to seek a variance and they way its been done in the past is incorrect. She said she wanted to clarify some of the misconceptions in the Board’s minutes from 12/12/06. She said the Rural Ag. was not made up of only large tracts. Their proposed amendment was only to level the playing field. She said someone would need a special exception to have a home business in the Rural Ag. but there is nothing to seek an exception from. She said variances are to be granted only sparingly, and a home business could not meet the criteria for a variance. She said on page 4 stating Hubbard and RN Johnson were both started as home businesses, however she pointed out Hubbard started in 1921 and RN Johnson in 1925 way before zoning came in 1967. She referred to the snowmobile shop mentioned in the minutes saying what was originally applied for was actually an internet business selling parts and accessories that were drop shipped, only occasionally shipped from the home to customers. She said that only was granted by the Zoning Board, not the snowmobile shop. She said there is a process that anyone can go through if they feel aggrieved. She said also on page 4 reference was made to Allyson’s being a home business that has grown into a commercial business. Ms. Mansouri said the State of NH, in order to preserve farmland along with the Government, has give latitude to the farmer who applies to develop commercial farming activities. If he is growing grapes, if he is producing apples or making wine, he can do so, he has permits for all of his operations.
Ch. Miller referred to the Rural Ag. zone under uses permitted in the ordinance. Special exception shows industrial, manufacturing and commercial uses are allowed by special exception through the Zoning Board if the following criteria is met. He argued that all home businesses are in a general way considered a commercial operation. This is how they have been applying the ordinance to home businesses in the rural ag. district. He said they’ve been doing this for 25 years or more. Mr. Sawyer said some of the special exceptions haven’t always met the criteria especially under section “I”. Ch. Miller said he thought some home businesses were not as critical but others need to be more closely followed especially if they are adding more than 2 employees. Ms. Mansouri questioned whether home business use was in the Rural Ag. section of the ordinance. Sec. Aslinger clarified that Ch. Miller was calling a home business a commercial operation and applying the special exception process to it in that direction. Ms. Mansouri disagreed with that process. Ch. Miller argued most home businesses are commercial enterprises if they are selling or making money. Mr. Webb didn’t think they were the same nor could be treated as one. Mr. Miller said business traffic issues, for instance, create a greater use than purely a residential use. He gave an example of a saw sharpening business with one person who is more easily permitted than a person with 2 or more employees knitting baskets that turns into a hot item, pretty soon UPS is by there 2 or 3 times a day and it grows into a full scale operation. He thinks those kinds of things must be permitted by special exception. Mr. Webb said things like professional offices are already allowed in the residential zones so why not extend the same uses to the rural ag. zone, because rural ag. zone has become essentially a residential zone. Ch. Miller said good logic. Ms. Mansouri said in the residential zone when someone comes in they have to have special exception if they have more than two employees and they have to return to the Board if their business changes, so the ZBA just wanted to extend that same exact criteria to the rural ag. zone. Ch. Miller blamed the Board’s reluctance to propose the amendment on the late hour of the meeting, everyone wanted to go home, so instead of debating it they tabled it for future consideration. Mr. Sawyer agreed saying it should be looked at for 2008. Ms. Mansouri and Mr. Webb said they would be returning to the Board for next year, due to the increasing requests. Mr. DeCoste asked if they had many instances, both said they had had several over the last couple of years, it was growing increasingly difficult, such as a recent application for a very small day-care center that couldn’t be allowed. Mr. Vose researched and found that the State permitted the use. Ms. Mansouri said whatever is permitted in the residential zones should be permitted in the rural ag zone.
D. Ch. Miller asked Mr. Daviss if he had an update on the Master Plan.
Mr. Daviss asked for the Board to schedule a work session to begin working on a plan for February. Sec. Aslinger said it could be scheduled for January 23, 2007 at 7:00pm. The Board agreed to hold the first work session January 23, 2007, to formulate a plan of services required from SWRPC, rather than having them come to the meeting. Mr. B. Miller said they charge $45.00/hour, a minimum of 6 hours per meeting.Ms. Mansouri asked if the Planning Board would consider taking over the Gravel Pits monitoring. Ch. Miller said no, the Zoning Board was doing a great job. Mr. Sawyer agreed saying the ZBA was doing a good job, they should continue with it.
C. Ch. Miller asked Mr. Speed if he needed to speak to the Board. Mr. Speed submitted a set of large maps for the Planning Board. The Board thanked him. He would like to schedule a work session with the Planning Board. The Board will add them to the January 23, 2007 agenda.
B. Ch. Miller called for discussion of the Site Plan Review amendment. Members were referred to the draft hearing notice, Ch. Miller read the wording aloud and called for comments. Mr. Merklein said the wording was borrowed from the multifamily wording from last year, adding the drainage area provisions. Mr. Sawyer questioned whether drainage areas should be excluded from open space, Mr. Dill agreed. Ch. Miller called for a motion to schedule the Public Hearing on the amendment for the Feb. 13, 2007 meeting. So moved, and seconded. Motion carried unanimously. Mr. Merklein asked if after the Pubic Hearing if the wording is changed, will the Board have time to hold a second hearing, answer was yes, there is no time limit since the amendment can be made without a Town vote.
IX. Communications and Miscellaneous
A. Handout - Sec. Aslinger explained as secretary she is responsible each year for creating the handout “Master List” of the Board’s activities. The Selectmen’s Office uses it as a comparison to make sure they have changed the tax rolls to reflect land use changes.
X. Meeting was adjourned at 9:40pm
Cc: all PB, ZBA members, BOS, Town Offices, Cons. Comm., T. Hanna
Posted: Town Hall, Burdick’s Market, www.walpolenh.us, www.thewalpolean.com