Ed. Note: Here are Lucy Weber's thorough notes from last Wednesday's important Zoning Board meeting. We are disappointed that Lucy is resigning from the Board, but we fully respect and support her determination to serve all of us as effectively as possible in Concord. Lucy contributes an amazing amount care and ability to the needs of our community with a boundless sense of good humor! CCB
ZONING BOARD OF ADJUSTMENT
Walpole, NH 03608
Minutes-----17 October
PRESENT: M. Mansouri, Ch., J. Galloway-Leclerc, L. Carignan, L. Britton, L. Weber, B. Webb, MT. Lester
Note: These minutes are unapproved and will be reviewed on 21 November 2007 for errors, omissions and corrections.
The meeting was called to order at 7:31 pm., following a site visit to the Chamberlain Machine shop on Route 5 north of Bellows Falls Village.
CONTINUED PUBLIC HEARING: Frank W. Whitcomb Construction Corp., by Richard A. Fraser, One Source Properties & Permitting, LLC., Gravel Pit Permit Application. Ms. Mansouri opened the Frank W. Whitcomb permit hearing which was continued from 9 October 2007. Ms. Mansouri has received a communication from Mr. Fraser saying that FWW is not ready to proceed at this time, and requesting that the hearting be continued to the December meeting of the ZBA. It was moved, seconded and unanimously approved that the hearing be continued to the regular meeting in December. The hearing will reconvene on at 7:30 pm on Wednesday, December 19, 2007 in the Town Hall.
PUBLIC HEARING #2: Chamberlain Machine by Gary Kenyon, Esq., Special Exception, Map 14. Lot 4, Former Hubbard Farms property, west side of Route 12.
Atty. Kenyon gave the background of the application. Chamberlain Machine is a family-owned company run by Judy, Bob and Scott Boynton in Bellows Falls, VT since the 1940s. The precision machine shop fabricates pumps and components in a 30,000 plus square foot facility. Their business is not drying up, they are not outsourcing, and they are bursting out of their current facility. The 12 acre site on route 12 is ideal for them. Rob Hitchcock, Civil Engineer, prepared the plans which were shown as part of the presentation. Because the site is to be used for manufacturing in a Rural/Agricultural District, this application is for a special exception. If approved, the project must still go to the Planning Board for site plan approval.
Rob Hitchcock, Civil Engineer, of SVE Associates, Keene, went over the maps of the site. He pointed out the subdivision which will be the Chamberlain Machine site, showing the existing Hubbard Farm buildings. The proposal is to reconstruct the existing road to the parking lot, and construct a new building which will include 26,000 square feet of manufacturing space, 15,000 square feet of office space and 4500 square feet of loading space. Town water and sewer are on site. Storm water retention will be provided for on site. There will be 14 parking spaces by the office and 80 parking spaces further back. In answer to a question by Chas Street, he confirmed this meant the total square footage would be 41,000 or 42,000 square feet.
Mr. Frost asked if the parcel was 8 acres as stated in a newspaper article. Mr. Kenyon said the parcel is about 12.15 acres. The existing use is as a chicken hatchery, with 31,000 square feet of buildings currently occupying the site. These buildings will be removed, and replaced by a 40,000 plus square foot facility with 50 current employees. This will give Chamberlain more space to operate more efficiently, with room for limited expansion with more employees. The Board was given photos of the existing site. The town tax assessment characterizes the current use of the site as an industrial use, the master plan says it is a commercial use, and others, including the ZBA, have said it is an agricultural use. The Town considers it industrial or commercial.
Chamberlain is seeking a special exception. Mr. Kenyon pointed out what this is. It is not a variance, which is obtained when a use is prohibited. Under Article VIII. C. of the Zoning Ordinance, this use is permitted by Special Exception. The use is permitted, but subject to specific standards and conditions which must be addressed.
First, Article VIII.C.1 (a) requires the consideration of a Planning Board recommendation based on its determination of the unavailability of, or inadequacy of property currently zoned for industrial use, and that the proposed use is consistent with the Master Plan. The September minutes of the Planning Board reflect that it voted approval of the proposed use. With respect to industrial land, Chamberlain looked for industrial land elsewhere, but no lots were available as good as this lot. The industrial park on Route 12 South was ruled out because it lacks three phase power. With respect to the Master Plan, the town wants to encourage a balance of manufacturing and industrial uses in appropriate places, for example, along the major highway. The Planning Board gave a positive recommendation.
Section 1 (b) requires that the proposed use not infringe on the primary established use of the district. There are two possible views—the entire Rural/Agricultural district, or this particular neighborhood. It is clear this use is not going to infringe. The primary use in the entire Rural/Agricultural district is residential. In the immediate neighborhood, there is the Malnati farm to the south, and commercial, manufacturing and residential uses in the other directions, so there will be no infringement on the primary use.
Section 1 (c) addresses a package of items, such as health hazards, property values, noise , vibration, traffic, unsanitary conditions, noxious odor, and smoke. Nick Sanders, PE, of Vanesse Hangen Brustlin, Inc. of Bedford was introduced to speak to the traffic issue. Mr. Sanders outlined the steps taken to prepare the impact study. He collected traffic counts off Huntington Lane. The peak hours are 7 to 9 am and 4 to 6 pm. Here, the peaks were at 8 am and 4 pm. The peak hour count was seasonally adjusted using Department of Transportation guidelines and forecasts were evaluated for 2008 and 2018. The counts reflect the detour due to the closing of the Cold River bridge on Route 123. DoT does not expect the new bridge to open until the end of 2008, so they assumed the detour would still be in place in 2008, but not in 2018. The study started with the no-build traffic. Then they collected data from the existing 33,000 square foot facility in August of this year to figure the trip generation rate per thousand feet of facility space. This produced an average of 45 peak hour trips in the morning, and 50 peak hour trips in the afternoon, or less than one car per minute, for a 2% to 5% increase in traffic at that time. The numbers are on the high end to the north, less to the south, and still less to Upper Walpole Road based on the home addresses of current employees. The traffic analyses show little or no change in traffic to Route 12, with no delays in the main line, and minor possible delays to side streets. There will be very little impact to Upper Walpole Road. It does not require a signal. Very little increase or delay will be noticeable to the average motorist.
Bill Tyson said it was excessive if 50 employees are leaving at a single time with one traffic line trying to get out all at the same time. It will be noticeable and prone to accidents. Mr. Sanders said there will not be a huge dispersion because the employees do not all come at the same time. The stacked queue waiting to turn should not be in excess of a couple of cars. Mr. Tyson said he could not accept that. Mr. Kenyon said the facility runs on flex time between the hours of 7 am and 7 pm. The traffic will not disperse all at once. Mr. Sanders said it was not just two people out at once but that the maximum queue would be two vehicles waiting. Mr. Tyson requested that flex time information be given to the Board.
The peak periods for truck traffic are from 6 to 9 am there is one truck entering and then exiting, and between 3 and 6 pm there are an additional one to four trucks in and out, so five trucks total over the six peak hours. John Hensol said the ten year forecast showed a very small increase and asked, forgetting the bridge, what is the increase in the past ten years in Route 12 traffic? Mr. Sanders said he was saying that the project would add 3% traffic to the north and 2% to the south and Upper Walpole Road. The growth of traffic generally over ten years period was 1.5% per year, so he added that in to produce the figures for 2018. Mr. Hensol stated that before the Planning Board, Chamberlain stated the proposal would produce hundreds of jobs and a big rise in employment. The forecast is not here. What happens when the plant expands? It could double in size so the figures are not realistic. Mr. Kenyon had Chris Miller from Chamberlain Machine explain those figures. If you look at the minutes, those figures were given for a proposed complete rezoning of the entire 43 acre parcel and an industrial park with four or five businesses the size of Chamberlain. Chamberlain Machine hopes to grow but not by hundreds of employees. Ms. Weber asked how many employees did Chamberlain expect to have in ten years? Mr. Miller said they expect 5% growth per year for ten years.
Barbara Dretzin asked of they considered the potential development of the commercial land across the street? Mr. Sanders said that was included as part of the 1.5% per year growth rate, but it is not standard practice to include projects other than ones which have been approved. Barbara O’Connor stated this project will result in doubling the rate of growth of traffic in a year. Mr. Sanders said that in the first year the growth would go from 1.5% to 3%, but that in future years it would be much less. Clancy Houghton asked when do people actually leave the plant, and if data was collected in August were people on vacation? Mr. Miller said the plant closes in July for vacation.
Jennifer Palmiotto asked if the truck data was gathered on only one day. The reply was that the data was not collected over a full day. Ms. Palmiotto asked what materials the trucks carried. Mr. Miller said that generally there are a couple of trucks in the morning bringing raw materials, casting and bar stock, and three trucks in the afternoon with goods to be shipped. So the amount captured in the data collection is most of the daily trips? Yes. The trucks are commercial carriers, including tractor-trailers and UPS or Fedex as well, all included in the five trips a day. Mel Schupack asked for clarification of the cars leaving between 4 and 6 pm as the 50 employees leave. Mr. Sanders said he took the peak traffic on Route 12, and then added in the peak traffic from Chamberlain, and expected a total of 50 vehicles, 45 going out and 5 going in. George Watkins asked if a traffic light would be installed. How does the traffic department determine this need? Mr. Sanders said there is a manual with standards for requiring a traffic light. Neither the peak hour volume nor the side street volume meet that warrant, so he cannot imagine that the State would require a signal.
Mr. Hensol said that we will have to live with the project for a long time. Flex hours interfere with production, and then flex hours go, and there is a bigger peak. Then we are headed for a traffic light and that would signal unlimited development across the street, and he wants the Board to consider it.
Toby Tousley asked if Mr. Sanders was a professional engineer, and Mr. Sanders said he was.
Mr. Kenyon returned to the issues of noise, vibration, smoke, etc. The site visit held for this application so you could get a good idea from the existing plant. There is no excessive noise. The building is climate controlled, there are no open windows. There is normal heating, ventilating and air conditioning, with intense recycling and other controls. There is no smoke or anything other than normal HVAC operations.
With respect to the requirement that the project cannot reduce property values, a letter from John Newcombe from Monadnock Appraisal Company, in Keene, addresses the issue of the proposed use. The letter says it would not impact the value or the marketability of the surrounding properties.
They are proposing a machine shop. Part of the property is in the wellhead protection area. Two letters were submitted from Steve Brackett, Senior Geologist at Brackett Geosciences in Keene. Mr. Kenyon said they are aware of Walpole’s wellhead protection ordinance, and that they will need to get a conditional use permit from the Planning Board. They will do that along with the site plan approval, and this permit could be conditional on that.
Mr. Brackett then outlined his opinion on potential environmental impacts. He is a professional geologist in Keene. He has seventeen year experience evaluating contaminated sites and has also reviewed public databases on contaminated sites. His opinion is that there is insignificant environmental risk. Machine shops were a risk in the past, with solvents, cutting oils and poor handling and disposal practices. Those practices are no longer allowed. In the State of New Hampshire, of 12,000 remediation sites, 20% are are chlorinated or petroleum sites, and none in the past fifteen years are in machine shops due to changes in practices. Changes have occurred in state and federal law and in business practices. Businesses like this no longer represent a statistical risk.
The town well is on the bank of the river due west of the property location. With an Ivy League degree, obtained at great expense, Mr. Brackett is sure that water flows downhill. The groundwater flow is north to south along the Connecticut River. If this was the first site in fifteen years to have a release, the direction of the ground water would carry the plume south away from the well. Ms. Mansouri asked the difference between a geologist and a hydrologist. Mr. Brackett said that a hydrologist deals with the deals with surface water. He is an environmental or hydrogeologist. Hydrogeology deals with the flow of groundwater.
Mr. Tyson took issue with an insignificant risk, and asked why take any risk. Flow to the south could damage the farm to the south if not the well to the west. The response was that would preclude and development anywhere. Mr. Tyson said that is disingenuous, the point is sticking with the aquifer. George Watkins asked about the control of runoff from the parking area. Mr. Hitchcock said they will have to collect it and treat it. If the runoff goes across grass, the oils volatilize, or runoff would be collected in catchbasins and treated.
Mr. Shupack said with respect to the aquifer underneath, isn’t there some dispersion rather than directional flow? Mr. Brackett said that was generally correct. If you have a contaminated site, there is some dispersion out. The plume is usually measures in tens of feet. It is rare that it is 100 feet. Mr. Hensol said the aquifer is a horizontal water bearing area, not a stream therefore there will be dispersal throughout the aquifer. Mr. Brackett said water moves through every aquifer in the world. It flows in one defined direction. That could change if it hit a barrier, but there is nothing in the sand and gravel of the Connecticut River valley that would divert the flow. Contamination starts at a point, and then goes with the flow in an elliptical shape, not in all four directions. It is not like a bowl of water.
Ms. Palmiotto asked if there was a delineation we could see tonight. Mr. Kenyon produced an aerial photo. Almost all of the site is in the wellhead protection area. Ms. Palmiotto said that the wellhead protection area is delineated by the EPA and is one of the biggest of the 15 stratified aquifers in the state. The town lost our other well this summer, it went dry and this could be our only source. Mr. Houghton noted that water in the brook to the south flows into the river and water running south could end up in the brook. Mr. Brackett said we are talking at water at a depth of 65 feet. Sheldon Sawyer, selectman, said that the well ran dry this summer because of a mechanical malfunction which was not fixed in time. The well has replenished. Joan Hughes asked if the company expands, how will that affect the water situation? The facility does not use as much water as people would use at home. Mr. Tousley asked if there were 40 houses on the site, what impact would that have? That would mean 40 275 gallon fuel tanks, and herbicides, fertilizers, and pesticides. Machine shops have no sites with problems. Three quarters of the new sites with problems are residential fuel oil spills, so residential fuel oil tanks are more risky.
Krystyna Marcom said the Connecticut River was very low this summer, and water replenishment is an issue. A question was asked about spills on agricultural land. There are very few, and are related to high intensity orchard pesticides, a practice not generally used in New Hampshire.
Mr. Kenyon resumed the discussion of unsanitary conditions. The property is on town water and sewer and the project would not have any large or unusual impact on the town sewer. Nor would it be a specifically high draw on the town water. There should be sensitivity to the well head issue, and they will get a conditional use permit from the Planning Board. The industry is so highly regulated it is clean and less risk than a residential subdivision.
Offstreet parking was already addressed on the plan, as were provisions for adequate setbacks. All have been complied with as part of the proposal. As part of the site plan proposal, the access road will be moved further south from the existing homes, and a vegetative buffer will protect the residences.
In summary, the Special Exception application is for an ideal light manufacturing facility, locally owned with a good track record, which would provide diversity for the town tax base. Attorney Kenyon then asked for questions.
Dr. Clarence Meyer, abutter, said he highly recommends approval. Red Smith said with respect to the aquifer and the brook, that tons of cow manure and chicken manure and fertilizer have been put on that property, and there were no dead fish in the Connecticut as a result, and no dead person or animal. The project should go forward.
Jerome Galloway of Wentworth Road, spoke in favor of the proposal. He said blue collar, middle class people need jobs in Walpole. With Hubbard downsizing and buildings being taken down, this would replace some jobs lost from Hubbard. It is an insignificant amount of land lost to open space or farm land. The cost benefit balance is its yield to the town is minimal as is. Tax dollars and jobs would benefit the town. No one has seen a Hubbard Farms chicken in forty years. It is a high tech industry, bioengineering, closer the Chamberlain Machine’s operation than a farm. He has heard nothing negative said about Chamberlain and a lot of good. We also need high density housing to provide for the people of the town. Consider the needs of the people and the town and approve the project.
Paul Trask said he had lived in town for forty years and his wife Evelyn had lived here all her life. We need good clean jobs in town. They have a grandson in Iraq, and he will need a good-paying job when he comes home. He presented a letter to the Board for inclusion in the file.
A letter was read from Ms. Dretzin opposing the project. The town voted against rezoning this property. The applicant did not speak to the possibility of locating in the industrial park or in Westmoreland. The town should see that three phase power is available on land approved by the town. She expressed concern about the town water system. We need a thoughtful master plan. There are traffic problems created along with the land across the road. She favors a moratorium on industrial applications to preclude cherry-picking development.
Bill Lutz, owner of the industrial park, said that Chamberlain had not approached him. Granite State Electric says that three phase can be brought in, it just costs money. Mr. Frost said that he had lived in town 44 years. His children will be forced out of town. The town needs good clean businesses like Chamberlain.
Mr. Schupack read a statement from the Conservation Commission. They have a particular concern about the primary water resource. Concern about the water supply should trump the value of development. We need to minimize the risk to the well head. They urged the maintenance of current zoning. Suitable alternatives exist with better zoning. The parcel in back of the Creamery and Walpole tire is 16 acres. Randy Daniels said the industrial park does not have three phase or water. The water there is deep and it would be difficult to get adequate water for a sprinkler system.
Peter LaHayes, former Rockingham Town Manager, said he was a vendor and a customer of Chamberlain Machine. It is an excellent company and they are sad to lose it; it couldn’t be better. He thinks the issue of traffic is nearly non-existent. North Walpole has 200 or so cars going in and out, and it is not a problem. There are 500 or so jobs in Rockingham without a problem. Cars have more risk in their gas tank than Chamberlain Machine has in one year. He supports the application.
Ms. Marcom said that the building, as more than 40,000 square feet, does not comport with current zoning. Ms. O’Connor said that the Planning Board said our own water people are against this location for Chamberlain. The ZBA should hear proof that there is no other land available. The handling of the matter before the Planning Board was lackadaisical. There is land to the north of the plaza for sale and water and sewer could be extended to it. No one on the Board inquired about that land. There is no reason why we can’t have standards to protect farm land and water. This would be a good project in another more suitable place. Planning should not be by exception to the ordinance with every project accepted. Ms. Mansouri responded that each case is decided on its own merits. Ms. Weber said that special exceptions must be granted if they meet the standards set out in the ordinance. Ms. O’Connor said yes, but they must be consistent. Ms. Mansouri said the standards are consistent. If they are not met, the exception is not granted. If they are met, it is granted.
Mr. Sawyer spoke for the Selectboard, which has voted. They want the well head protected. Chamberlain can work with the Planning Board and the water department to protect the wellhead. There is a shortage of jobs. Hubbard and RN Johnson are decreasing. Abatements have lowered the tax basis. Bensonwood and Burdick’s both got special exceptions. Bensonwood was built on prime ag land, but it brought value to the town. The shopping center provides lower paying jobs. We need a balance of businesses for the tax base. We don’t have an industrial area in town with water, sewer and three phase. The industrial park has none of the three requirements and is now entirely commercial. Three phase needs to be part of the industrial package. There are already dilapidated chicken houses on the property. There is no possibility of farming this land. The Selectmen turn down worthy projects every year because of the tax burden. Increased tax basis would help with this. Bensonwood uses generators to address the three phase issue. Hubbard’s will leave in the future with a negative impact on the tax rate. There is also an aquifer under the industrial park and the traffic issue would be the same there. A majority of the Selectboard encourage the granting of the special exception.
Robin Fernsell said that she backs the benefits to the town. She agrees that there is no agricultural use left to this property. Her family here knows the company and it is a great company with great jobs, and a benefit to the tax basis. Res Smith said that if we go along with the Not In My Back Yard folks in denying this opportunity, other companies will not look here, and we need this. Clancy Houghton said that alternative places need not be in town. Westminster and Charlestown are alternative places, and there could be other alternative places. Ms. Mansouri said that we are presented with this proposal at this time. It is the Planning Board’s purview to deal with this issue and they have done so. Their recommendation is non-binding, but we deal with aspects of the special exception in that specific area.
John Hensol said he had a petition to present. He said the facts are askew. Mr. Sawyer spoke about the power issue for Bensonwood. Mr. Hensol quoted Mr. Benson as saying that he saves money by using generators instead of three phase. Why not build at the industrial park? Chamberlain Machine said at last year’s hearing their employees would not travel that far. How many do they employ now? Just under fifty, and all will come to the new facility. Only five new jobs will be created. The fact that Town Meeting voted to reject rezoning was not raised here tonight. That should be part of the consciousness brought to the issue. The owner of the industrial park ought to be contacted for a proposal. It is not accurate that other land is not available. Why are we so busy drawing up a Master Plan if the Zoning Board will not follow it? If the prior use was quasi-industrial, then Hubbard was not complying with the ordinance all along. They have nibbled away at the farm land. If the project cannot be turned down if all objections are met and all requirements are in by law we have an industrial park anyway. Once the ag land is gone, jobs, taxes and schools will be problems. This project will infringe on the primary use as they are changing agricultural use to industrial.
With respect to noxious use and traffic, the potential for a traffic light is suicidal. The state will take over and as many as required will be put in. Walpole is a different world. We should create more arm jobs. The Zoning Ordinance preamble requires that we guide the character of development of the town. Keep a view towards the future of the town, and don’t create an industrial park the town voted against.
Ted Benson said that he respected Mr. Hensol, but resented being misquoted and quoted out of context. He had a phone conversation with Mr. Hensol some time ago on a busy day and did not expect the conversation to be used in this context. Three phase has been made to work and has sometimes been very efficient. There are people who have three phase and still generate their own electricity. He bought his land at a very good price, so paying $85,000 for a generator, plus $35,000 for a pond for fire protection, plus $75,000 for septic system plus $50.000 for an extra generator to work fire pumps was acceptable when added to the cost of the land. They have been down and out of operation for five days for generator malfunction. But if he were paying $50,000 an acre he could not afford these expenses. Bensonwood is also looking for a new site and is not looking at anything without three phase and town water and sewer. You need to look at the total picture. He would love to make the industrial zone south of Bensonwood work, but it is a gravel pit. If you build there, you would have to restore the gravel pit. To make it a decent place to work, you have to have the sewer and water. The water there is very deep. Bensonwood’s current well is 300+ feet deep and the water is still not good to drink. It is not a good industrial zone for Walpole.
Jeff Miller from the Planning Board reiterated the Planning board view and his own. This use is in the existing land use plan. A section of the plan says there should be nodules of development along Route 12. They did not want strip development, but rather light industrial uses set back from the highway. This seems to be suitable but the specific places were not identified by the town. The current site will never grow vegetables. The site was recommended based on that. The Chamberlain family is known and it is a strong, family owned company. Pinnacleview wanted to expand its commercial site just north of this, and the town supported that. This is the same kind of thing. A special exception is approved if it meets the criteria. He thinks it is appropriate here, and hopes the special exception is granted.
Mr. Street said he had been in town for seven years. He has lived around the world and around the United States, and the town is unique. Two towns he lived in were as beautiful as Walpole but they are not beautiful now. The area was not voted to be rezoned. Chamberlain is an exceptional machine company but the Planning Board did not do its best to vet whether other sites were not available. Other sites may not be within driving distance or not in New Hampshire. If you find a reason to rezone or change the use, it continues and we are in a place where one of us can raise our children. All alternatives were not exhausted.
Mr. Kenyon addresed two issues by quoting from the Ordinance. To answer Ms. Marcom’s objection that the building is over 40,000 square feet, the ordinance prohibits only a “retail commercial building” over 40,000 square feet. To answer Mr. Street, the Planning Board already decided the issue, and an exhaustive search for lots is not required. The ordinance said “property currently zoned for industrial, manufacturing or commercial operations is either unavailable or inadequate for the proposed use.” Many factors go into the decision. Other lots are inadequate or unavailable.
Ms. Palmiotto submitted a statement from Granite State Rural Water Association which was read by Ms. Mansouri urging the protection of the water supply. She outlined the Master Plan. In 2002 , Rural Water was asked to develop a source water protection plan. A coalition was formed and a process outlined. The overlay district was adopted and delineated by EPA and NH DES. The land should be conserved. The zoning change was was opposed. The Watkins Hill well has issues. She opposes the application as increasing susceptibility to pollution damage. The mere presence of contaminants increases the possibility of contaminant detects.
Mr. Kenyon objected that this misstates the ordinance. It does not prohibit machine shops, but rather requires a conditional use permit.
Ms. Mansouri introduced the voting members of the Board and the alternates, who are allowed to comment as are other town residents, but who do not vote. She asked for Board questions or comments. Ms. Weber asked what hazardous substances are used in the process. Mr. Chris Miller said there were no substances characterized as hadardous at the facility in Vermont. They will be just as compliant in New Hampshire. They use some cleaning solvents, lubricants, and coolants. They are contained within the machines, and all are recycled. They are stored inside the facility in low volume containers, with containment and sealed floors. They have no citations by Vermont DES. Ms. Mansouri asked how often the plant was inspected. Mr. Miller replied that because hazardous materials have been eliminated and are not shipped, they are now exempt. Vermont DES has a website, and information is there but not easily accessed. It would be easier to check by calling Vermont Hazardous Waste Management at the Agency of Natural Resources. A letter from VT DES re exempt status because of lack of hazardous materials will be forwarded to the Board.
Ms. Mansouri asked for other questions from the Board. Ms. Palmiotto said she had a question about the use of some material called Right-Safe or Safety-Clean. Are they currently using this? Mr. Miller said they are not currently using it.
Ms. Mansouri closed the public hearing at 10:00 pm and called for a five minute break so those who want to leave can clear the room. She called the meeting to order again at 10:05 pm to go through the criteria for a special exception.
Consideration of Planning Board recommendation re unavailability of other land and conformance with the Master Plan: Ms. Galloway-Leclerc said she was a member of the Planning Board and worked on the Master Plan when it was created. Businesses like Chamberlain were what Walpole wanted. We need some growth in light industry, rather than commercial retail establishments. She thinks the Planning Board recommendation was accurate. Ms. Lester said we must consider the issues of inadequate or inappropriate alternatives. Cost issues making a parcel prohibitive should be considered. Mr. Britton said the test for ag land was false. No agricultural value is left in that land after the Hubbard presence. Mr. Carignan said that traffic to the property would not exceed that which went to Hubbards. Ms. Mansouri asked about a vote on the first criteria before proceeding. Ms. Galloway inquired how best to take a vote about considering a recommendation. Ms. Weber moved that the ZBA accept the recommendation of the Planning Board with regard to the first criteria. Mr. Carignan seconded the motion and it passed unanimously.
Infringement on primary use of the district: Ms. Weber said that there are already 31,000 square feet of deteriorated buildings on the property which would be replaced with a slightly bigger building in a far better state of repair. On balance this does not seem like much change in the established use. Ms. Lester said there are lots of other mixed uses in the area with commercial uses and others. Mr. Britton said the primary is of the land where the shopping center is was a cornfield in 1983. Now it is a shopping center and a highway. This will not infringe in the district. But will help the evolution of it. Ms. Galloway-Leclerc moved that the ZBA accept that this use does not infringe in the primary use. Mr. Carignan seconded the motion and it passed unanimously.
Hazards to health, safety, or property values or noise, vibration, excessive traffic, unsanitary conditions, noxious odor, smoke or other similar reason: Ms. Mansouri said that on the site visit the existing plant was well maintained, well kept up, and that she saw nothing that appeared to be a hazard. Mr. Britton said this was a good place to mention the site plan review by the Planning Board, and that they need to meet high standards. Ms. Weber said addressed the list of issues. She said that the traffic light was not an issue as the project does not require one. The well head is the biggest concern. The site visit was reassuring as solvents and lubricants are stored carefully and contained within the plant. Car or tractor gas tanks would present more of a hazard. Mr. Webb said that there are criteria for a traffic light and if one is needed at some future date, it will be dealt with at a future date. He does not see a problem now. Mr. Britton said that traffic on Route 12 is going to continue to increase no matter what. Ms. Lester said that the property is for sale. If 40 homes can be built, that is 80 cars added to the traffic. Ms. Galloway-Leclerc said because the property is in the wellhead protection area, a permit will mean periodic inspections. It will be checked out every three years. Mr. Carignan moved that that the ZBA acceptance of these criteria. Ms. Weber seconded the motion, and it passed unanimously.
Adequate off-street parking and loading facilities: Ms. Mansouri said that from the information seen and heard, there was adequate off-street parking and loading at the old plant, and the plan showed that would continue here. Mr. Britton agreed. He also noted that more eighteen wheelers and ten wheelers were involved on a farm that here. Ms. Galloway-Leclerc moved to accept this criterion. Mr. Britton seconded the motion, and it passed unanimously.
Setbacks: Ms. Mansouri said the site plan provides for adequate setbacks. This will be reviewed and reevaluated by the Planning Board. If a special exception is granted, it can be made conditional on receiving site plan approval from the Planning Board. Ms. Weber moved to accept this criterion. Ms. Galloway-Leclerc seconded the motion, and it passed unanimously.
Signage. Ms. Weber moved that the special exception be made conditional on the applicant complying with the terms of the sign ordinance. Mr. Britton seconded the motion, and it passed unanimously.
40,000 square foot restriction: It was noted that this condition applies specifically to retail commercial space, and this proposal is for industrial space, so the criterion does not apply.
Ms. Weber moved that the ZBA grant the special exception, conditional upon the applicant receiving site plan approval from the Planning Board, a conditional use permit from the Planning Board regarding wellhead protection measures, and that the applicant comply with all setbacks and sign requirements. Ms. Galloway-Leclerc seconded the motion, and it passed unanimously with the conditions noted.
NEW BUSINESS:
Jim Vitous , sign for Red Brick House on Main Street. No one present.
Tieri Farinolefor ECUC Properties, LLC, horses. No one present. Ms. Mansouri said she had been contacted about a couple of horses to be kept for personal use. Ms. Mansouri said that a letter would be needed from the owner of the property. There is a current special exception on the property, Map 12, Lot, 16, 539 Main Street. The special exception was to extend the commercial zone. Ms. Galloway-Leclerc recalled that the original application was to extend the Commercial Zone, but as that could not be done without a town vote, a special exception was obtained in 2001 for a specific use. The use was a storage building for cable TV stuff, and a pole barn ..Ms. Mansouri said that has not been built. She visited the site in preparation for the meeting, and took photos. There are telephone poles, wastage, tar buckets and a bulldozed cleared area with pvc pipes and metal under the road. It looked like it was being used for a repository. Nothing is covered, all is exposed. They are not in compliance with the site plan. Mr. Sawyer said they were going to store three vehicles. Ms. Galloway-Leclerc said they were also going to store empty propane tanks. Ms. Mansouri said there was a trailer as well. The apartments are in front. No action was taken.
Mark Haubrick for Wellstone Properties, sign on former RN Johnson storage barn across from Walpole Inn. Mr. Haubrick is half owner of Wellstone. He wants to place as sign over the door for Acworth Woodworkers. Part of the building is winter storage, the heated part is his woodshop and stored vehicles. It is a place to work out of and make cabinetry. There will be a 32 inch or 36 inch wide replacement door for the existing “people door.” There would be a two foot by three foot sign lighted on a timer for two or three hours on a timer. The building is in the commercial zone. It is 17 feet from the road to the edge of the building, and 20 feet to the edge of the sign. The sigh would be hand carved with old style letters. It was determined that he needs a special exception under article IV.D.(9). An application was given.
OLD BUSINESS:
Gravel Pit Inspection: It was moved, seconded and unanimously voted to put this discussion off to next month due to the lateness of the hour.
Minutes: Approval of the minutes of the September 19th regular meeting and the October 9th Special Meeting as written were moved, seconded and voted unanimously.
Resignation Ms. Mansouri read a letter of resignation from Ms. Weber effective after the December meeting. Ms. Weber is concerned about her ability to attend regularly once the legislature reconvenes in January. Leaving the Board in December gives ample opportunity for someone to file for the remainder of the term during the filing period in January, and will give the Board time to find a new Secretary. Ms. Mansouri accepted the resignation reluctantly, saying she appreciated Ms. Weber’s service. She is a great presence and will be missed.
The meeting was adjourned, to the great relief of all remaining, at 11:00 PM.
The next regular meeting will be held on Wednesday, 21 Novenber, 2007 at 7:30 PM.
Respectfully submitted,
Lucy Weber,
Secretary.