ZONING BOARD OF ADJUSTMENT

Walpole, NH  03608

Minutes-----21 November 2007

PRESENT:            M. Mansouri, Ch., L. Carignan, L. Britton, L. Weber, B. Webb, D. Calhoun MT. Lester  Absent: J. Galloway-Leclerc

Note:  These minutes are unapproved and will be reviewed on 19 December 2007 for errors, omissions and corrections.

The meeting was called to order at 7:30 pm.

  New Business:

  Purchase of Yellow Freight.  Ms. Mansouri reported that she had an inquiry from Phillip Bailey from Acero, which is purchasing the Yellow Freight depot in the industrial park.  She asked him to come in and let us know what their plans are.  She also told him that Acero would need to contact the Planning Board about site plan approval if improvements to the property were in excess of $10,000.

  Fitz Vogt, Main Street, by Patrick J. Putnam—Sign Replacement. Mr. Putnam explained the Fitz Vogt had new owners as of April 2007.  They have updated their logo and want to replace their existing sign with the new graphics.  There will be no change to the size or location of the sign, and the lighting will remain the same.  Currently, there are two small hanging boards at the bottom of the sign, one for each tenant.  One of the tenants is no longer there, so that sign board will be repainted white until there is a new tenant.  The same company which created the existing sign will make the modifications.  Ms. Weber moved approval of the modifications as the only changes will be to the graphics on the sign.  Mr. Britton seconded the motion, and it passed unanimously.

  Cindy Westover for Great Brook Farm--Sign Replacement.  Ms. Westover said that their milk house has been renovated and will be opening as a farm store.  Initially, the store will sell raw milk from the farm in glass bottles.  They may sell beef and pork in the near future.  An existing 2’ by 3’ sign on the milk house is being replaced.  Ms. Westover submitted four possible designs for the new sign and said the family will be voting on the final plan this week.  All four designs were of the same size, shape, and general design, with some variation in the graphics. All the designs are the same size as the existing sign. Ms. Weber moved approval of the sign replacement with the applicant’s choice of the proposed designs.  Ms. Lester seconded the motion, and it passed unanimously.   Ms. Westover advised that the opening of the farm store will be in the first week of December, and all are invited.

  Old Business:

  Chamberlain Machine, Special Exception, Map 14. Lot 4, Former Hubbard Farms property, west side of Route 12—Request for Rehearing.

Ms. Mansouri stated that Attorney Rebecca Todd has filed a Request for Rehearing on behalf of John Hansel, Clancy Houghton, Drs. Jennifer and Peter Palmiotto, and Delores and Charles Street with respect to the ZBA decision on October 17, 2007, granting Chamberlain Machine a Special Exception for a machine shop.  The request was received on 15 November, 2007.  It was initially hoped that the request could be heard at this meeting, but Attorney Hockensmith advised Ms. Mansouri that notice must be given by publication and by mail to the abutters, so there was insufficient time to get the notice out before this meeting.  The statutes require the Board to make a decision on whether or not to grant a rehearing within 30 days of receipt of the request.  Ms. Weber contacted Attorney Todd and Attorney Kinyon to ask if they would agree to a four day extension to allow the matter to be addressed at the Board’s next regular meeting on December 19.  Ms. Todd is unable to attend that meeting, and did not agree to the continuance.  The Board addressed the question of scheduling a Special Meeting.  Based on availability of Board members and the Town Hall meeting space, the Special Meeting  will be held on Wednesday, December 5th, at 7:30 pm at the Town Hall.

Minutes:  Approval of the minutes of the October 19th  as written was moved, seconded and voted unanimously.

  Gravel Pit Application Fees:  The Earth Extractio0n Permit Application fees were not changed when the Board raised its application fees from $35.00 to $75.00  the Board decided unanimously to bring the Earth Extraction Permit fees into line with it5a other application fees  and raised them to $75.00.

  Proposed Changes to Zoning Ordinance:  The Zoning Board reviewed the memo and proposed changes sent to the ZBA with a memo dated November 14, 2007, from Pamela Aslinger, Secretary to the Planning Board. The Board took the following positions, and directed Ms. Weber to copy these minutes in the form of a memo to be circulated directly to Ms. Aslinger and the Planning Board.

1.       Article VIII  Rural Agricultural District, Uses Permitted.  This provision would allow home businesses in the Rural/Agricultural District to the same extent they are allowed in the Residential and Commercial Districts.  The ZBA strongly urges the adoption of this change, which was initially proposed by the ZBA.  We are seeing increasing requests for home businesses in the RA District.  Currently these businesses must seek and obtain a variance.  The Board is concerned that it is a stretch under current zoning law for the applicants to meet the hardship criterion for a variance.  Technically, everyone in the RA District who works from home via computer may currently be violating the Zoning Ordinance.  Given the changing nature of the RA district, and the increasing tendency of people to work from home or to work several jobs, maintaining the distinction for the RA District makes no sense to the ZBA.

2.      Article VIII. Allowance of home businesses in the RA District by Special Exception.  The ZBA sees no reason to require residents of the RA District to incur more expense and time delays to work at home than residents of the other districts.  Houses are generally farther apart in the RA District, so the items that would be reviewed, eg. noise of car doors slamming, traffic from clients, etc. would have less impact on the neighbors than they do currently in the Residential and Commercial Districts.  A footnote to this proposal suggests restricting home businesses specifically to those listed currently.  The ZBA thinks this is short-sighted, given that many more persons who work at home today are occupied with computer sales or other e-commerce, which has no effect on neighbors at all, but which is not allowed specifically by the proposed language, than are occupied in the trade of dress-making which is not as common as it was when the original ordinance was drafted.  Again, the ZBA position is that there is no reason to treat residents of this district differently than residents of other Districts.  The ZBA would, however, support this measure as being better than no change at all.

3.      Clarification that commercial earth excavations must have a special exception in addition to an earth Excavation Permit.  This provision makes the ZBAs current position on the necessity for both permits more explicit in the ordinance.  The ZBA supports this change.

4.-6.  If the ZBA properly understands the purpose of these measures, the three measures would make reference to the Well Source Protection Ordinance, the Telecommunications Facilities Ordinance, and the Retirement Overlay District, to make sure that applicants do not overlook these issues when applicable. While the Board has no objection to the inclusion of these references in the Zoning Ordinance, it was the position of the ZBA that such inclusion is unnecessary, and that the inclusion of too many proposals would be likely to result in the passage of none of them.  Projects are reviewed by the Planning Board, the ZBA or both upon the initial application.  Both Boards have experienced members who alert applicants to the other issues raised by their application.

7.  Addition of the words “Class V or better” to the definition of Public Street.  Individual members of the ZBA had differing views of the advisability of this provision.  The entire ZBA was united in its determination that this article, being a policy matter, is particularly the province of the Planning Board.  The ZBA takes no position on this proposal, but individual members are urged to make their thoughts as private citizens known to the Planning Board, should they desire to do so.

8.  Commercial District Land Standards—maintenance of 30% undeveloped open  space.  There was some discussion among Board members that this provision might create some real hardship for the owners of the smaller commercial lots in town.  The ZBA decided that this provision, like #7, is a policy matter to be determined by the Planning Board and the ZBA takes no position on the proposal.

9.  Well Source Protection Ordinance Revision.  It was somewhat unclear to ZBA members from a reading of the Well Source Ordinance, the proposed language, and the explanation provided exactly what the purpose or effect of this language would be.  In any case, it was the position of the ZBA that if proposal has to do solely with Planning Board procedures with respect to the Well Source Ordinance, that the ZBA should take no position on the proposal. 

Items 10-13  for discussion are policy matters which are the province of the Planning Board. Item 15—Limiting the number of amendments to prevent overwhelming the voters.  The ZBA strongly agreed with this sentiment.

All ZBA members were urged to attend the Public Hearing scheduled for December 11, 20078.

Appointment of voting member and alternate.  Ms. Mansouri reminded the Board that when Ms. Weber resigns, someone must be appointed to fill her slot until the next election.  She asked the current alternates to consider who might wish to be appointed and if either of them would seek the seat at the next election.  She then introduced Peggy Pshirrer of Wentworth Road, to the Board.  Ms. Pshirrer has expressed an interest in becoming an alternate member.  Having observed the meeting and reviewed the minutes of prior meetings, Ms. Pshirrer confirmed she was still interested in the position.  Her appointment was moved, seconded and approved unanimously.  She was reminded to stop in to the Town Clerk’s Office to take the Oath of office.

Upcoming Training:  Information on an upcoming Local Government Center presentation on Conducting Public Meetings was passed out in case Board members would like to attend.  The presentation will be held December 5, 2007, from 9:00-11:30.

Secretarial Position:  Ms. Mansouri handed out job description materials for consideration by the Board members in deciding a replacement for Ms. Weber as Secretary.

  The meeting was adjourned at 9:10 PM.

  The next regular meeting will be held on Wednesday, 19 December at 7:30 PM at the Town Hall.

A SPECIAL MEETING TO DETERMINE WHETHER TO GRANT A REHEARING ON THE CHAMBERLAIN MACHINE SPECIAL EXCEPTION WILL BE HELD WEDNESDAY, DECEMBER 5, AT 7:30 PM AT THE TOWN HALL. 

Respectfully submitted,

Lucy Weber,

Secretary.