Town of Walpole, Walpole, NH 03608
PLANNING BOARD MEETING
July 10, 2007–7:30 pm
Town Hall
MINUTES
Presiding: Jeff Miller, Ch.
Members Present: Eric Merklein, Henry Fletcher, Dave DeCoste, Bob Miller, V-Ch., Ben Daviss, Jeff White, alt. Fred Dill present but recused and in audience.
Members Absent: Selectman Miller, Shane O’Keefe, alt. Recording: Pamela Aslinger, Sec./alt.
These minutes are unapproved and will be reviewed at the August 14, 2007 meeting for errors, omissions, and corrections. There were over 30 persons in attendance.
I. Meeting opened at 7:40pm.
A. No alternates were appointed.
B. Minutes from June 12, 2007 were approved as presented.
II. Review applications submitted: Accept/Reject/Delay
A. Cindy Westover Minor 2 lot subdivision - at 656 Valley Rd., Map 11, Lot 34 in the Rural Ag. Zone, creating lot 1 of 3.34 acres with existing mobile home and lot 2 of 2.29 acres. Sec. Aslinger reported the application was in order. A motion was made and seconded to accept the application as complete, motion carried unanimously.
III. Ch. Miller closed the meeting and opened the public hearing. Mrs. Westover described the proposal pointing out the details on the map and stating she had purchased the lot several years ago so her children could remain in Town. She said the driveway permit had been approved, had been roughed in across from Berg Mountain. Ted Fellows has done the test pits and will design the septic systems. Mr. Therrian, abutter asked if there were any septic issues on the property? Mrs. Westover said the engineer had not found or informed her of any issues. Ch. Miller said lots less than 5 acres need state subdivision/septic system approval. Being no further comments he -
IV. Closed the public hearing and re-opened the meeting.
V. Action on Cindy Westover: Ch. Miller called for board questions and/or action. It was moved and seconded to approve the 2 lot subdivision as presented. Motion carried unanimously. Maps and mylar were signed, Mrs. Westover will record the plan and notify the Secretary. (Sec. note: State subdivision approval is pending but overlooked as a condition.)
B. 1834 Washington Square II, LLC - Site Plan Review for “The Griswold Place” located at 16 Westminster St. Map 20, Lot 63 in the Commercial zone. Renovates and creates 3 two-bedroom townhouses, 2 one-bedroom, 1 two bedroom apartments and first floor office suite within the existing footprint. Mr. Smith representing. Secretary Aslinger reported the application was in order, noting a few items were missing when she compared the plans to the site plan review regulations and checklist. She said the sign plan information was missing however Mr. Smith indicated they would be placing a small sign on the building showing: “The Griswold Place” it will conform to the sign ordinance. She said the requirement to have copies of deed restrictions, easements and rights of ways was not included, an approval from the water and sewer commissioner for municipal connections and reports from the police, fire and conservation commission are pending but can be provided at a later time. A motion to accept the application as presented was made and seconded, motion carried unanimously.
III. Ch. Miller closed the meeting and opened the public hearing. Mr. Ralph (Red) Smith described the proposal pointing out the locations of the off street parking, dumpster and apartment locations. Mr. Therrian asked how many parking spaces were allowed per unit. Mr. Smith answered 2, noting one apartment is designed for a handicapped person including it’s own parking space. Mr. DeCoste asked how much of the building was in the commercial district?
Walpole Planning Board Minutes July 10, 2007 page 2
Answer was all. Mr. Merklein asked how many parking spaces would be allowed for the office space? Mr. Smith answered 2 to 3 and pointed to the additional parking in the rear of the building. Being no further comments Ch. Miller -
V. Closed the public hearing and re-opened the meeting.
VI. Action on The Griswold Place: Ch. Miller called for board comments and discussion. Being none, he called for a motion to approve the Site Plan as presented with the condition the pending reports Secretary Aslinger mentioned be provided at the next meeting. Motion was seconded, and carried unanimously.
V. Unfinished Business - Pending Application - Continued Public Hearing & Review:
Board Action: Approve - Disapprove - Delay.
A. Walpole D & D, LLC - Fred Dill and Randy Daniels - Major 13 lot subdivision on Hooper, Wentworth and Old Keene Roads. Map 9 Lot 15, 6, 16 in the Residential A and Rural Agricultural zones. Review hydrogeological study/terms, road re-design and drainage plan with soils overlay information. Discuss extension.
Ch. Miller stated he had been in contact with a licensed hydrologist Brian Goetz from Weston Sampson firm in Portsmouth regarding the water issues. He provided a letter of agreement stating a scope of services that entails a “desktop” study addressing 10 critical points, at a cost of $5000.00. The letter included a form to be filled out by the abutters so their information may be added to the study. (letter/form attached to minutes) He said the study would give enough information for the board to make an informed decision. If the study shows a need for a more detailed analysis, the board could require additional studies, He said Mr. Goetz understood he would be contracted by the Planning Board with the fees paid for by the developer. He said a report would be made at the August meeting. He asked for the board to concur and sign the letter to begin the study. Mr. Dill added Mr. Goetz suggested two restrictions that have been already incorporated by deed restrictions into the newly revised plans: limitation on the size and type of irrigated area per lot and restriction on filling swimming pools from on-site wells. He agreed the study might bring up other issues as well. Ch. Miller mentioned Mr. Goetz was going to give a fair and independent review of the area. Mr. Daviss asked how the company was chosen. Mr. Miller said he had several names and had been unsuccessful contacting the firms. This particular name was provided by Mr. Dill and they were willing to take on the study and responded in a timely manner. Mr. Dill said he had specifically avoided discussing details with the firm, he just provided the name. Ch. Miller said he felt confident that Mr. Goetz would give a fair assessment without any conflict. Mr. Daviss asked how the desktop study versus an actual test well study could be viewed as completely accurate. Ch. Miller answered there are many ways to do the study but to obtain enough information for the board to make its determination it seemed better to start out on a lower class of study, if the study raises unresolved issues, then the next class of study could be required. He thought it was important to have the abutters included in the study in the first stage. Mr. Daviss stated it seemed like a very reasonable approach. Mr. Miller said NH does not have much in the way of RSA’s guiding the board’s actions related to protecting existing water rights. He said in Vermont there are restrictions in place on a subdivision of 10 lots or more that protect the abutters existing rights, but no such laws in NH, yet.
Mr. DeCoste suggested each of the abutters receive a copy of the letter and form mailed to them. The Board agreed and instructed Sec. Aslinger to do so as soon as possible. She will accompany the information with a cover statement and state a place to return the survey.
Mr. Merklein asked if members could contact Mr. Goetz for an explanation of how he goes about the study from a technical aspect. Ch. Miller suggested waiting for the report at the August meeting, Mr. Goetz will be present to answer questions.
The board agreed for Ch. Miller to sign the letter of agreement and begin the process.
Walpole Planning Board Minutes July 10, 2007 page 3
Ch. Miller asked Mr. Dill and Mr. Joe DiBernardo to continue with their presentation. Mr. Dill submitted revised plans showing a reduction in the number of lots from 13 to 8. Mr. DiBernardo pointed out that Lot 1 and 2 are no longer being changed from the prior approved subdivision. In addition they consolidated lots 4 and 5 into one lot and lots 9 and 10 into one lot. Lot 4 and 5 become lot 3 and 9 and 10 into lot 7.
Ch. Miller asked if the combined lots could be re-subdivided? Answer was yes, theoretically they would meet frontage and lot size requirements. Mr. DeCoste asked where the driveway was for 8 and 9, answer was the 50 ft. ROW as shown.
Ch. Miller called for comments or questions. Mr. Charles Blount asked about the Heydenriech’s driveway and property line (Lot 10) being in question on the plan. Answer was there is a dispute between the property owner’s, it was thought the stonewall was the boundary but the deeds say differently, they will come to an agreement. A question regarding lot 10’s frontage, answer was 208.6 feet. Ms. Aslinger asked if the purpose of the changes was to work with the Board by reducing the density? Mr. Dill said yes, they tried to listen to the concerns, thinking if there were less lots and wells the impact would be lessened. Ms. Aslinger asked if the newly created larger lots were the lots they had not located test pits on? Answer was yes except for lot 2.
Ch. Miller asked about the road upgrade. Mr. Dill said they met with the Road Agent and marked the trees needing removal. They have agreed to take out the existing black top and take it down 6 inches, lay down fabric 18 ft. wide, lay down 6 inches of gravel and/or ground up blacktop, to reuse as much of the old material as possible. Ch. Miller asked Mr. Terrell about the “s” curve onto Old Keene Rd. Mr. Terrell said he would not suggest taking out the curve on a low volume road but is requiring the bank to be cut back allowing for enough width so two cars could pass by one another. Mr. Dill said there are four trees being removed on the curve. Ms. Aslinger asked if it would address the drainage, Mr. Dill said there is no real drainage issue there, it had stemmed from the Town replacing a culvert a few years ago and per Mr. Terrell they are planning to upgrade the culvert in that area.
Ch. Miller asked if he had the drainage/soils overlay. Mr. Dill submitted an un-revised map with drawn soils information applied but no description of the soil types prepared by Warren Williams, eng. Ch. Miller requested that a new soils overlay sheet be prepared with the re-designed lot formation and to indicate the explanation and types of soils for the Board and hydrologist to review. Mr. DiBernardo said the USDA has a guidebook describing the soils.
Ch. Miller asked Mr. Dill if he was agreeing to an extension for the Board’s decision until the second Tuesday in August. Mr. Dill agreed noting the need to allow for the study/report.
Audience member Mr. Ken Walsh asked if the developer would pay for the hydrological study? Answer was yes. He noted in the near future the State would be mandating fire sprinkler systems be included in new residential homes, he asked if they too would impact the wells. Mr. Dill clarified the new deed restriction was for lawn sprinkler systems, not residential fire sprinklers.
An abutter asked if the letter and survey form would be mailed and when. Ch. Miller handed out to abutters and adjacent neighbors who were present copies of the survey form noting the Secretary will also be mailing them out to the abutters next week. They can be returned to Sec. Aslinger or mailed directly to the firm. (return address to be shown on the abutters copies)
Ch. Miller announced the hearing and review would continue at the August 14, 2007 meeting. Mr. Dill provided the board with 3 sets of new plans. Mr. Fletcher asked if the board had clearly decided to sign the letter of agreement with Weston and Sampson and if Mr. Dill had agreed to pay for the study. Ch. Miller said yes to be shown in the minutes, the board was in agreement to sign the letter and Mr. Dill was in agreement to pay for the study. Sec. Aslinger said she would send a follow-up letter to Mr. Dill reviewing what took place at tonight’s meeting.
Walpole Planning Board Minutes July 10, 2007 page 4
Mr. Merklein requested the board receive copies of the hyrdologist’s report prior to the August meeting if possible. Mr. Bob Miller said the board could review the report word for word with the engineer at the meeting. Attorney Kasper asked Sec. Aslinger for a copy of the tapes from the meeting, she agreed saying it they would be available the following week, she would drop them off.
OTHER - Ch. Miller announced abutters to the Griswold Place had arrived slightly late and missed the hearing and review. He asked the Board to allow them to speak. (Mr. Smith had already left the meeting.) Mr. Fred Ernst thanked the board and acknowledged Mr. Smith for being extremely sensitive to their interests regarding the project. He was expecting to bring up these issues at the hearing and apologized for missing it. Mr. Ernst pointed out the close proximity of the back portion of the building to their property, only one foot from the line. He showed where the plan calls for 11 windows on the end section of the building where only 3 exist now. The existing windows look onto their backyard, main doorway. He said there is no distance between the windows and their property whereas the middle section of the building is 13 feet away with fewer windows and no windows on the end walls. He requests at least two of the windows be shifted to the other side so they don’t look at a massive apartment complex. He pointed out with the existing trees and the existing building it isn’t so noticeable. Ch. Miller asked if he had spoken with Mr. Smith, Mr. Ernst said he intended to discuss this concern at the meeting, he did not realize the impact of so many additional windows until he compared the plans to what is existing.
Ch. Miller and members agreed the impact needed to be addressed. He suggested Mr. Ernst talk to Mr. Smith as soon as possible and for the board to notify and ask Mr. Smith to revise the plans for the next meeting. Mr. DeCoste queried why so many additional windows were needed. Members thought it was possible there were building codes requiring a certain number of windows per unit or perhaps the architect was not aware of the exact layout and had not visited the sight. Mr. Ernst suggested they just wanted to look out on their back yard view or the interior layout was such the windows were part of the design. Nonetheless members agreed it should be addressed, Ch. Miller instructed Sec. Aslinger to write a letter of explanation requesting him to return to the board with a solution. Mr. Ernst said he had a good dialogue with Mr. Smith and would be contacting him immediately to go over the window placement. He thanked the board again for hearing his concerns after the hearing.
VI. New Business
A. Sheldon Sawyer - Minor 4 lot subdivision located on County, Wentworth and Meetinghouse Roads, Map 5 Lot 4 in the Rural Agricultural zone. Ms. Virginia Foote of Lawrence Associates presented. She explained the original lot was 72.52 acres, Lot 4-1 is 5.62 acres, Lot 4-2 is 6.36 acres and lot 4-3 is 5.02 acres leaving lot 4 with 55.52 acres remaining. All new lots have the required frontage on County Rd. but are accessed by a 50 ft. ROW off Wentworth Rd. The full perimeter survey is not shown due to the large size although a full survey has been done. Ch. Miller said the Board has waived the full survey due to size in the past. Ms. Foote will provide a re-drawn inset of the full lot. She will provide the corrected maps by the deadline for the August meeting. Ms. Aslinger asked why the need for the ROW access, was it terrain? Answer was yes it would be very difficult and expensive to locate a driveway off of County Road. John Hansel asked for a clarification of exactly where it was located, Ch. Miller described the location. Mr. Fletcher asked if any of the land was in fields or just woods. Answer was mostly wooded. Sec. Aslinger noted the application states the land is in current use, Mr. Sawyer said he intends for it to remain in current use. Mr. DeCoste asked if the ROW would be used as a driveway? Mr. Sawyer said a driveway must be indicated in order to subdivide but it may not be in the exact location, he is not intending to sell the lots immediately stating perhaps the Town at some point would take over County Rd. from the State so it would be more feasible
Walpole Planning Board Minutes July 10, 2007 page 5
to locate a driveway there. A motion to place the application on the August agenda was made and seconded. Motion carried unanimously.
C. Hubbard LLC/Toby Tousley - Minor 2 lot subdivision Rte. 12 - Map 12 Lot 4 in the Commercial and Rural Agricultural zone. Mr. Joe DiBernardo representing described the layout: Lot 1 is 31.13 acres and Lot 2 is 12.48 acres. The frontage for Lot 2 is along Rte. 12 at the far southern end along the Malnati property line. The lot is oddly configured to allow for future development of the remainder lot. Lot 2 is being purchased for Chamberlain Machine with access on Huntington Lane. The buildings on Lot 2 are being removed. Lot 1 has a reserved strip of land off Huntington Lane for a future roadway. Sec. Aslinger noted the application was not filled in, she offered to fill it out. A motion to place the application on the August agenda was made and seconded. Motion carried unanimously.
G. Richard Francis - Minor 2 lot subdivision on Ramsey Hill Rd. Map 11 Lot 7-1-1 in the Rural Agricultural zone. Mr. DiBernardo representing described the layout with Lot 1 of 57 acres and Lot 2 of 3.1 acres. The lots meet the frontage and size requirements. Test pits have been done and state subdivision approval applied for. The frontage is all on Class V road. A motion to place the application on the August agenda was made and seconded. Motion carried unanimously.
F. John McKee-Pratt, Flessa/Laroche - Minor 2 lot subdivision on Reservoir Rd. Map 11 Lot 1 in the Rural Agricultural zone. Mr. DiBernardo representing described the layout with Lot 1 pf 42.09 acres and Lot 2 of 41.25 acres. Both lots meet the frontage and lot size requirements, The subdivision abuts a prior subdivision for Robert Hubbard approved at the June meeting. Mr. Pratt’s house is across the street from Lot 1. Ch. Miller and Eric Merklein noted the beautiful cross-country ski and horse trails along the property. A motion to place the application on the August agenda was made and seconded. Motion carried unanimously.
D. Sprint Nextel/CDavis Associates - Telecommunications Site Plan located at 88 Scovill Rd. Map 3 Lot 82. Ms. Jacqueline Murray representing Nextel communications described the proposal as needing a site plan review to make minor modifications. The modifications are adding 2 panel antennas to the 6 existing antennas and to install one equipment cabinet inside the existing equipment shelter. She submitted the application materials, plans and fees. Mr. Merklein asked what the antennas were being used for? Answer was wireless telephone, not wireless wi-max TV. Mr. Sawyer asked who owns the property? Ms. Murray said it is owned by UNH and managed by NH Public TV. A motion to place the application on the August agenda was made and seconded. Motion carried unanimously.
B. Martha Kingsbury - Minor 2 lot subdivision located on Kingsbury Rd., Map 8, Lot 118/119 in the Rural Agricultural zone. Ms. Foote of Lawrence Associates representing described the layout with Lot 1 of 72.13 acres and Lot 2 of 1.30 acres, meeting frontage and lot size requirements. Ms. Aslinger asked if State subdivision approval had been applied for, answer was no, but next week. A motion to place the application on the August agenda was made and seconded. Motion carried unanimously.
Due to the high volume of applications to be reviewed at the August meeting, Secretary Aslinger suggested if any members wanted to review materials ahead of the meeting, she can open the office for two members at a time, in order to expedite the August meeting. Mr. Sawyer noted the plans are posted in the lobby of the Town Hall for review as well. Mr. Dill cautioned not more than two members at a time.
VII. Communications and Miscellaneous
A. Site Plan Revocation - Secretary Aslinger reported Town Attorney Hockensmith was unable to prepare a response for the meeting tonight, but plans to for the August meeting. In an e-mail to Sec. Aslinger he stated he had been on vacation and needed to study the additionally provided information more carefully before making an opinion.
Walpole Planning Board Minutes July 10, 2007 page 6
B. Master Plan Update - Work Session for July 24, 2007. Sec. Aslinger apologized for the locked door at the June meeting. Mr. Daviss said the website is ready to go, the survey questions are on the site, ready for public comment. He said he would write a notice and publicize the site, to get the word out.
C. Sec. Aslinger handed out a DRA mini-course notice sponsored by the Selectmen. She stated she has been acting Secretary for the ZBA for several months doing their minutes. She said at most of the meetings the subject of Gravel Pits comes up frequently with the ZBA questioning why the PB does not preside over the Earth Excavations as required by the RSA’s. At the last meeting it was noted that technically the Town may not have voted to authorize the ZBA to preside. She said the ZBA would like very much for a few of the PB members to attend the course in case the ZBA should pass the duty back to the PB. She said it would be very informative and worthwhile. Some members were surprised to hear of all the work involved with reports and inspections. Ms. Aslinger said the ZBA had received an application for a new pit, the first in many years. Ch. Miller said the responsibility had been given to the ZBA years ago and appropriate they continue on because of the experience gained.
VIII. Meeting Adjourned at 8:50PM.
