6-14-06
Berkshire Development Withdraws Site Plan Application
Planning Board Also Clarifies Understanding About Permitted Retail/Commercial Building Size
By Charles C. Bingaman, Contributing Writer
Following the Walpole Planning Board’s denying Berkshire Development’s request for a 30-day extension of time to deal with “technical legal” difficulties in its plan, Berkshire attorney Thomas R. Hanna abruptly withdrew the whole application Tuesday evening.
And, in follow-up action, the Planning Board adopted a resolution proposed by new member Ben Daviss, and seconded by Bob Miller, “to express the understanding of the Board that Walpole’s zoning ordinance means that no single retail or commercial building may encompass more than 40,000 square feet.” Although there was extended discussion of the motion, the vote in favor of it was 5-0.
The two significant actions followed months of discussion of Berkshire’s proposed development, public and behind the scenes wrangling over the meaning of the zoning language, and waits for the New Hampshire Department of Transportation to make its recommendations and decisions on possible reconfiguration of Route 12 entrances to the commercial area.
Charles R. Willeke, P.E., Assistant District Engineer with the DOT, appeared Wednesday evening and explained the Department’s preliminary thinking on needs for either enlarged entrances on Route 12 or up to three sets of traffic lights. He even raised the possibility of inserting islands in the middle of the highway to prevent left-hand turns for safety reasons. But, all of it was preliminary, he said, and the state had not yet reached any final conclusions.
At that point, Mr. Hanna, noting that “technical legal” issues had been raised by Shaw’s Supermarkets about the proposed internal connection road between the current strip mall and the proposed new buildings, asked for the postponement. Planning Board Chairman Jeff Miller, though, had heard enough about the project and was determined to make a decision. Board member Davie Decoste agreed with him saying, “I’m concerned with how things have not come together at all. I’m concerned about that. We should have Berkshire come back with a legitimate change.”
Sheldon Sawyer saw it differently. Noting his opinion that “Berkshire has been trying hard to meet the town’s wants” and that the traffic design wasn’t even in, Sawyer moved approval of the Berkshire 30 day postponement. Henry Fletcher seconded the motion. After further discussion, the motion failed by a vote of 4 to 2.
Chairman Miller then launched a discussion of the long-simmering question of the meaning of Walpole 40,000 square foot limit on new commercial construction. But before he could complete a sentence, attorney Hanna approached the Board table, ignored the Chair’s attempts to stop him, and said, “If I may…” and handed a signed letter to the Chair. The letter briefly said that Berkshire Development and Walpole LLC, owners of the property, were hereby withdrawing their site plan application.
The withdrawal was duly noted, and Miller returned to the question of the meaning of the zoning ordinance’s language.
Saying the “this thing has been bothering me…I would like for the Board to answer the question tonight. I think it’s time. Even if we just express our understanding, we will have a clear rule, and the town can change it if they wish at the next town meeting in March 2007.”
Ben Daviss made the motion and pointed out that, while the Board is not legally authorized to make binding interpretations of the ordinance, it can, he said, express its sense of its meaning. Alternate Board member Pam Aslinger noted that her reading of the town’s Master Plan clearly indicated that it favored the interpretation that any new commercial building could not exceed 40,000 square feet. Sheldon Sawyer objected that the language of the 2000 warrant article passed by the town’s voters suggested otherwise. When Daviss’s motion came to a vote, it was 5-0 to favor the 40,000 square foot limit on buildings—not businesses in them.
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