PLANNING BOARD

Walpole, NH  03608

Work Session Tuesday October 30, 2007  7:00pm Town Hall Basement

Minutes

Present:  Jeff Miller, Bob Miller, Chick Miller, Ben Daviss, Robert Jasse

Recording:  Pamela Aslinger, Secretary

I.              Meeting opened at 7:05pm

II.              Ongoing Master Plan Update

A.  There were no reports on group meetings.

B.  Mr. Daviss handed out copies of the most recent draft of the survey prepared by Mel Schupack.  He noted Mel’s idea of contacting the UNH survey center to do the survey resulted in a cost estimate of $3000.00.  Ch. Miller and others agreed it would be too costly especially since this was only the update of the land use section, perhaps they could be consulted when we have a larger scale project.  Sec. Aslinger praised the revised survey as presented saying it is very current and up to date, she thought the outcome would be very beneficial to the Board.  On Mr. Jasse’s suggestion attendees reviewed each question and made corrections to spelling and eliminated some duplication.  Some verbage was changed and lengthy discussions on “affordable” housing, cluster or incentive development, “retirement” housing, industrial and commercial uses in the rural agricultural zones took place.  Mr. Daviss kept track of the changes, will compile them, put them in a printable format and e-mail them for final comments before Sec. Aslinger makes arrangements to have them printed and mailed.  The cost of printing and mailing will come out of the monies designated for the Master Plan Update.  Mr. Daviss mentioned Mr. Schupack suggested using a “reward” for filing out the survey by offering a gift certificate to an area business such as Burdick’s restaurant.  Ch. Miller will contact Larry Burdick to make a $75.00 purchase, the funds will come from the PB budget.  All agreed it might encourage a larger response although it would require respondents to add their name in order to qualify.  The mailing will include N. Walpole, Walpole and Drewsville locations.  Drop boxes will be placed at accessible locations such as Burdick’s Market, the Library, Sunoco Mart, and Town Hall.  Time frame to mail the survey will be in about 10 days and the forms are to be returned by Dec. 1, 2007 in time to tally for the PB’s December 11, 2007 meeting.

C.  Next step in the master plan process and

D.  Adding economic development chapter to master plan.  All agreed the next step after the results of the survey are tallied is to draft the land use section and begin to hold public hearings.  The economic development chapter must follow the land use update.

III.       2008 Zoning Amendments suggestions

            A.  ZBA - Home business language for Rural Ag. District - Bob Miller said he was concerned about adding language for home businesses in the Rural Ag. zone.  He and Jeff Miller thought they were only allowed by special exception and had been handled that way in the past so the Planning Board could be kept up to date on all businesses.  Ms. Aslinger said currently the zoning ordinance makes no provision for home businesses in the Rural Ag. zone, the ZBA has been issuing variances to allow them in the zone and has requested the same exact language in the Residential and Commercial zones be added to the Rural Ag. zone in order to be consistent.  Bob and Jeff stressed that in the past they have made a recommendation to the ZBA as if it were allowed by special exception.  After reviewing the ordinance it was determined home business is not specifically mentioned in the Rural Ag. zone but could be considered a “commercial” operation therefore a special exception is required.  There was discussion as to whether home businesses and commercial operations are one in the same.  Mr. Daviss thought it was a matter of semantics and requires further study.  He suggested the Board make a provision in the Rural Ag.

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district for specifically home businesses in order to be consistent within the ordinance.  Sec. Aslinger said she would review alternatives but the ZBA had requested a specifically worded amendment and the Board had agreed to present it as is.

            B.  BOS mapping update - not discussed

            C.  Member suggestions - Ms. Aslinger made the following suggestions based on issues that had come up throughout the year and resulting from an informal meeting with Mr. Merklein and Mr. Daviss.

                        1.  Due to a recent issue before the Zoning Board regarding excavations Ms. Aslinger asked if clarifying the special exception process related to excavations was in order.  She said the ordinance seems to allow excavations by a permit issued by the zoning board and state agencies, although excavations could also be considered a commercial or industrial use of a site triggering a special exception and site plan review.  Attendees agreed to discuss the issue at the Nov. 13, 2007 meeting.

                        2.  Class VI road definition change - Ms. Aslinger asked if clarifying the definition of “frontage” in the ordinance might shed some light on the intent of the ordinance to restrict subdivisions to Class V or better roads.  She said the State allows subdivision on Class VI roads and the state definition of frontage is different from Walpole’s definition that mentions “frontage on a public street”.  Public Street is defined in the ordinance but not in the state definitions.  Since the Town’s definition is more restrictive, it prevails.  However, the actual intent of “Class V or better” is not as clearly stated in Walpole’s Zoning Ordinance.  Attendees agreed to consider a simple statement of: “frontage means on a Class V or better road” and to futher discussion at the Nov. 13 meeting.  Selectman Miller said the present BOS would not be opposed to the State less restrictive definition.  Ms. Aslinger thought it was proper to retain the intent of the ordinance which is to limit subdivision and development to Class V or better roads.  It was discussed that allowing development on Class VI roads leads to premature and scattered development and should be discouraged, including denial of building permits on Class VI roads.

                        3.  Match newly adopted Site Plan Review regulation related to  “undeveloped open space”  It could be placed in Article VI Commercial and Industrial E. Land Standard:  1.  Lot area (as shown in SPR regs).  Attendees agreed to consider the matched wording and concept into the Zoning Ordinance - to be discussed at Nov. 13 meeting. to the Zoning ordinance.

                        4.  Consider some re-zoning of current Hubbard properties to allow for future uses such as residential as opposed to industrial and commercial.  Ms. Aslinger said it had been discussed at previous meetings.  Attendees agreed it would be best to address re-zoning after the Master Plan update, to have the ordinance reflect the Master Plan.

                        5.  Increase lot sizes in some zones, perhaps create a Rural Ag.-1 and Rural Ag.-2 with increased frontages, setbacks and acreage.  Ch. Miller said he would like to see some increase in lot sizes suggesting 2 acre, 3 acre or 5 acre zones.  Since the Rural Agricultural zone is the largest zone and includes the Timberland zone by way of being set back 1200 feet behind fronting Rural Ag. zones, it was thought lot size increases were most appropriately to be considered in the Rural Ag. zone.  Increasing lot sizes to 20 acres in the Timberland zone was discussed although building in the Timberland zone is extremely limited if not impossible.  Some dimensions were discussed.  Attendees agreed to hold further discussion at the November 13 meeting. 

                        6.  Remove industrial and commercial uses by special exception from the Rural Agricultural zones.  Ms. Aslinger said it occurred to her if the Master Plan supports protecting farmland, most of which is in the Rural Agricultural zone, why then are industrial and commercial uses allowed in those zones?  It seems conflicted.  She asked if it would be better to remove the allowed by special exception uses and instead add specific parcels to the commercial zone and industrial zones.  Ch. Miller said protecting farmland would be best served if

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economically farming were a viable choice for property owners.  He thought removing industrial and commercial uses from the Rural Agricultural zone would take away the property owners

ability to market their holdings in the future if they no longer could afford to farm the land.  Most agreed it would be a difficult amendment and pointed out very little Rural Agricultural land is available along Rte. 12 subject to potential industrial or commercial uses.  Bob Miller and Jeff Miller thought the current special exception process insured commercial and industrial uses were appropriate for certain rural agricultural parcels, the site plan review and other applicable regulations insured protective development consistent with the Master Plan.

                        7.  Ch. Miller asked if re-submitting the building vs. establishment amendment is in order, in case the courts rule against allowing the amendment as presented in 2007.  Selectman Miller had made the suggestion with the thought the current lawsuit over the issue could be dropped, it being likely the Town would vote in the same manner as before.  Sec. Aslinger suggested waiting for the outcome of the courts review of supporting documents.  She and the BOS submitted documents earlier in the week at the request of the court and Attny. Hockensmith.  She thought the outcome would favor the Town but if for some reason it does not, then there is still time to submit an amendment for 2008, all agreed.

8.  Planning Board members cautioned on submitting too many amendments,

sometimes it is overwhelming for the voters.  Sec. Aslinger mentioned Eric Merklein has proposed legislative change to the State law governing protest petitions requiring a 2/3rds vote to pass zoning amendments.  He and others are proposing a simple time element change.  Instead of a protest petition being submitted 3 days before a vote, they are requesting 7-10 days, thereby allowing enough time for an amendment to be re-promoted, it levels the playing field in some instances.

NOTE:   Upon leaving Mr. Robert Jasse thanked the attendees for their efforts to continue the planning process for the Town.  His wise suggestions on fine-tuning the survey were greatly appreciated.  He also gave out several copies of historical Walpole musings, copies for those not in attendance are available by request of the Secretary and will be available at the Nov. 13, 2007 meeting.

IV.  Miscellaneous -

            A.  Budget - Sec. Aslinger mentioned it is time to prepare figures for the PB budget, needing to have a draft ready for Teresa by 11/15/07.  She will go over the figures and do a preliminary list of Board activity and prepare a draft for the 11/13/07 meeting.  She suggested an increase in fees might be in order for the board to cover its growing expenses.  She thought re-combining the PB Secretarial duties with the ZBA could possibly lead to a few weekly office hours for the public’s benefit.  Attendees agreed to consider a budget request for adding an economic development chapter to the master plan for 2008 and updating ordinances and regulations.

V.  Meeting Adjourned 9:15pm