Town of Walpole, Walpole, NH 03608
PLANNING BOARD WORK SESSION
August 12, 2008–7:00 pm
Town Hall
MINUTES
Presiding: Jeff Miller, Ch.
Members Present: Bob Miller, V-Ch., Sheldon Sawyer, Sel., Eric Merklien, Ben Daviss, Dave DeCoste, Donn Lounsbury, alt., Shane O’Keefe, alt.
Members Absent: H. Fletcher, J. White, F. Dill (resigned) Recording: Pamela Aslinger, Sec.
These minutes are unapproved and will be reviewed at the September 9, 2008 meeting for errors,
omissions and corrections. There were 14 +/- persons in the audience.
I. Meeting opened at 7:05pm
A. Roll Call - Ch. Miller designated P. Aslinger for H. Fletcher
B. Minutes - Sec. Aslinger reported a correction to the regular minutes changing the name G. Allen Holmes who recently passed away. He had served on the various boards over the years. A motion was made and seconded to approve the 7/8/08 minutes as amended and to approve the work session 7/22/08 minutes as presented. All were in favor, motion carried.
II. New Business - Application Submissions
A. Bensonwood - Ch. Miller announced they would be delaying submission of the site plan review application until the September or later meeting.
B. Whitcomb Construction Site Plan Review - Mr. Dick Fraser of One Source Permitting was present to submit the application for a gravel excavation on Old Drewsville Rd. in the Rural Agricultural zone. The Zoning Board has granted a special exception for their operation with conditions (on file). Mr. Chip Whitcomb was present also. Mr. Fraser provided a set of plans for the conservation commission that was given directly to Mel Schupack, conservation commission member.
Ben Daviss asked the Board if they had any objections to him remaining on the board during the review process, he no longer feels he has a conflict especially since the zoning board granted the special exception. There were no objections by the board to Mr. Daviss remaining as a voting member on the review of this application.
Mr. Fraser asked if the Board would go over the checklist at this meeting and deem the application complete at the next meeting and hold the public hearing? The board agreed and consulted the provided checklist, noting a request for a waiver for B. 5. Boundary lines metes and bounds. Members were not opposed to the request. All other information as shown seemed in order. The application fee was discussed pertaining to the $50./ 2500 sq. ft. of new space. The board agreed it was directed towards building space and did not apply to this application - therefore the application fee will be $100.00. Ch. Miller called for other questions or concerns. Mr. Lounsbury asked if the site would be fenced? It was noted extending the berm rather than fencing is proposed.
A motion to place the application on the agenda for the September 9, 2008 meeting for acceptance and to schedule the public hearing for the same night was made by Mr. Sawyer and seconded by Mr. Daviss. With no further discussion Ch. Miller called for the vote. All were in favor, the motion carried.
Sec. Aslinger reminded that the application materials are available for review in the office. V. Ch. Miller took a set because Ch. Miller will be absent at the September meeting.
III. New Business - Preliminary Conceptual Consultations
A. Aumand’s Furniture - North Walpole Site Plan Review to reconstruct the furniture store lost in a fire in July. Mr. Ray Aumand was present and submitted a copy of a letter from Mark Farkus the N. Walpole zoning administrator denying Aumand’s permit to rebuild pending site plan approval from the Walpole planning board. Mr. Aumand provided a copy of the tax map and survey showing the location of the prior building basically right at the boundary lines. He plans to rebuild on the same footprint and has received a legal opinion stating he could.
Members and members of the audience reviewed the preliminary plans noting the footprint as shown is from an aerial photograph. Ch. Miller asked if the N. Walpole zoning setbacks were being adhered to? Mr. Aumand thought they could build on the same footprint even thought it does not meet the current zoning setbacks. Ch. Miller questioned whether new construction is be allowed to violate the current zoning ordinance setback requirements of 15’ on the side and rear and 20’ from the road in the commercial zone.
Attorney Robert Kasper was present representing Maura Shaughnessey the niece of Mary Shaughnessy who abuts the parcel to the west. (Mary Shaughnessey’s house was heavily damaged in the fire, the setback was agreed to in the 1950’s of less than 5 feet.) Attny. Kasper said his understanding of the ordinance is that it only discusses the issue of “use” being preserved, not the actual building. He advised that their retail use would be preserved but the ordinance and regulations do not say they get the exact building back, only the non-conforming use. He stated that their proposal is for “new construction”.
Ch. Miller suggested the Board seek a legal opinion from Atty. Hockensmith adding he personally thought the setbacks should be followed including the street setback of 20 feet.
Mr. Aumaund disagreed that the old building footprint could not be used for the replacement building and he said he received a legal opinion stating he could. Ch. Miller asked if there was a prior addition to the building that encroached on the side setback between the Shaughnessesy property. Mr. Aumand said there were eight additions over time with the garage addition affecting the Shaughnessey property constructed in the 1950’s with no disagreement.
Ch. Miller reiterated the need for the board to seek a legal opinion on the matter of where the building can be built and its adherence to the current N. Walpole zoning requirements. Mr. Aumand asked if the opinion would be requested soon and if he could be notified - board agreed.
Maura Shaughnessey asked to speak on behalf of her aunt who has lived in her home for 87 years. On July 10th, 2008 her aunt awoke to an explosion from a fire at the furniture store. Her alert neighbors came to her aid preventing her from physical injury and driving her to safety in the middle of the night. The house being only a few feet away caught fire and is so heavily damaged it cannot be occupied. She said that while her Aunt Mary is physically unharmed she is struggling over the loss of her home and treasures. She asked that the board consider the seriousness of her aunt’s situation, to use their authority to make important decisions regarding the rebuilding of the store. The primary concern of Mary’s family is for her safety and welfare. Maura on their behalf asked the Board to insist on the full setback requirements for the new construction. It is their desire to address the setback issue cooperatively, but they will persist to see it is upheld for the wellbeing and safety of their Aunt Mary who would like to spend her remaining years in her home.
Attorney Kasper added that his interpretation of the ordinance states the non-conforming use is preserved if they rebuild within one year and if they don’t expand or change the non-conforming retail furniture sales store “use”. His opinion is that the non-conforming use is different from the structure. The structure has undergone complete destruction and the board has the authority to go forward with a site plan review for the new construction and apply the current zoning setbacks.
Mr. Aumand reminded that his family too has suffered loss of family treasures. Ch. Miller added that the tragedy was by no one’s fault and recapped the need for the board to seek a
legal opinion in a timely manner to address the setback issue. He said once the set back issue is clarified Mr. Aumand can present the board with a plan based on the clarification and move forward with the site plan review process.
Ms. Shaughnessey said that the four generations living in the house had no idea they were living next to a time-bomb, a building without sprinkler’s or a fire alarm linked to the fire department. Ch. Miller asked to have further discussion withheld until the next meeting.
Mr. Aumand left a copy of the plans with the secretary and Attny. Kasper asked to be informed of the legal response. The Board authorized Secretary Aslinger to draft a letter to Attny. Hockensmith for his opinion.
III. New Business - Preliminary Conceptual Consultations cont’d
B. 1. DiBernardo Associates - Mr. A. DiBernardo presented a question to the board regarding a possible lot line adjustment on the property of Dorothy Galloway/Blake Farm located on Cochran Rd. Mr. Paul Galloway was also present. The board determined a lot line adjustment was warranted in order to annex a portion of lot 1onto lot 2 to include steep terrain. DiBernardo Associates will prepare the survey and present the application at the September meeting.
B. 2. Joe DiBernardo submitted an application for a minor 2 lot subdivision located on Valley Rd. Map 11, Lot 20 in the Rural Agricultural zone owned by Mr. Raymond E. Surrell. A motion was made and seconded to place the application on the September agenda for acceptance and to schedule the public hearing for the same night. All were in favor, motion carried. Joe will submit corrected maps to show the proper 65 ft. setback on Class VI Woodshed Rd. He’ll submit the corrected maps prior to the posting deadline of 8./29/08. State subdivision approval is pending and has been applied for.
B. 3. Joe noted his presentation for Claude Webster was not available for this meeting.
IV. Unfinished Business
A. Patel/State Line Grocery - Sec. Aslinger reported she had an inquiry from Mr. Gary McCormick an abutter to the site informing her that he was not notified of the boards meeting or public hearing. Upon checking she found he was correct, the abutter list and original maps did not list him. The notice was mailed to the prior owner - however the engineer had changed the revised maps presented at the hearing to reflect Mr. McCormick as an abutter, she thought the applicant should have pointed out the change. She said even though she checks the abutter lists, if the town records are not up to date she and applicants have no way of knowing about changes. She spoke with Mr. Farkus the N. Walpole zoning commissioner regarding Mr. McCormick’s participation at the zoning hearings and he felt Mr. McCormick was made aware of the planning board’s proceedings even though he never received his notice. She also said by posting and publishing the notice it was further attempt to see all interested persons are properly notified. She said Mr. McCormick was unhappy about not receiving the notice, however Mr. Farkus mentioned that Mr. McCormick and State Line Grocery were negotiating a property agreement so thought Mr. McCormick hadn’t missed any opportunity to have his issues addressed and isn’t aggrieved. The board felt it was an honest mistake and the other channels of notification adequate.
Ms. Aslinger said she complained to Mr. Farkus about all of the flapping signage on the site as being a major distraction and detraction to the neighborhood. Mr. Farkus said he had spoken to them about the extra signs beyond what is allowed in the ordinance and had given them permission for the extras for their grand opening only. Members agreed the signs are a distraction, excessive and possibly ineffective.
B. Dockham letter - Sec. Aslinger read the letter aloud that describes a boundary line agreement between property owners therefore not warranting a lot line adjustment or further board action. The board concurred and the letter will be sent. Mr. Sawyer asked to have future correspondence mailed to him rather than e-mailed to Mrs. Moore, that e-mails are taking up too much time. Sec. Aslinger said she would print copies and leave them in his box at the office.
V. Master Plan Update
A. Ch. Miller apologized for missing the scheduled meeting with the Selectboard to discuss payment of the SWRPC dues. The meeting has been rescheduled for 8/21/08. Ch. Miller said he referred to the budget for 2007, saw where $4000. was requested but $3000. was recommended and voted on by the Town, the recommendation was made at a budget working session. He added that the recent constraints on monies by the BOS due to high fuel costs, welfare etc. were not a concern or part of the discussion when it was decided to pay partially.
B. Ben Daviss made a motion seconded by Bob Miller to schedule a public hearing at the September 9, 2008 meeting for the adoption of the Town-wide Conservation Plan into the Master Plan with the new language as presented. 6 were in favor with 1 not in favor, motion carried. Mr. Schupack said Mr. Palmiotto would be present at the hearing for a presentation.
C. Mr. Daviss suggested accepting the final versions of the vision statement and goals and objectives and present them to SWRPC for comment. It was so moved and seconded. All were in favor, motion carried. A suggestion was made to pay SWRPC out of the funds set aside in the board’s present budget. Mr. Daviss will check with them to see if they are willing to do the review prior to finalizing the 2008 dues situation. Sec. Aslinger asked if the special exceptions language was added to the final draft of the vision statement that was previously e-mailed to members. Mr. Daviss asked the secretary to read the statement adding he would like to see it incorporated if the board agreed. Selectman Sawyer and Ch. Mansouri were concerned about regulating through the master plan. Members said the Master Plan is not a regulatory document it reiterates what is present in the zoning ordinance. The special exception planning board review criteria already requires the board to consider whether a project is consistent with the Master Plan. While it’s not a regulatory document it cannot be disregarded and should contain guidelines. Having a Master Plan is required by law so it is a legal document for the planning board to refer to. Mr. Merklien moved to include the special exception verbage into the vision statement with “should” rather than “shall”, seconded by Ms. Aslinger. 6 were in favor, 1 opposed, motion carried.
Other - Ch. Miller asked if the 30% open space requirement in the Site Plan Review regs would adversely affect a potential application such as Aumand’s new construction. Sec. Aslinger said an applicant would file a checklist with their application along with requests for waivers. She said the reason the 30% open space was put into the site plan review regs was to allow the board to be flexible about granting a waiver for the requirement if warranted. Aumand’s may be a circumstance that would warrant a waiver of the 30% requirement.
D. The work session for August was cancelled.
VI. Communications and Miscellaneous
A. Budget was not discussed.
B. Sec. handed out a notice for the Fall Planning and Zoning Conference 10/25/08.
VII. A motion to adjourn the meeting was made and seconded, all were in favor the meeting closed at 8:10pm (next regular meeting September 9, 2008 at 7:00pm)
Posted: Town Hall, Lobby, Burdick’s Market, www.walpoleplanningboard.org, www.thewalpolean.com
Cc: All PB members, ZBA, BOS, Town Clerk, NWVC, interested parties 