ZONING BOARD OF ADJUSTMENT

Walpole, NH  03608

Minutes-----19 December 2007

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

Note:  These minutes are unapproved and will be reviewed on 16 January 2008 for errors, omissions and corrections.

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

  Continued Public Hearing—Frank W. Whitcomb Construction Corp. Proposed Gravel Pit, Old Drewsville Road.  Ms. Mansouri opened the continued Public Hearing and requested Mr. Webb and Mr. Calhoun, who were originally appointed to hear this matter, to resume their positions as voting members of the Board for this hearing. Mr. Carignan joined the alternates for this hearing and did not participate as a voting member.

  Mr. Fraser, representing Frank W. WhitcombConstruction Corp. stated that as of the last meeting two issues remained unresolved.  Mr. Fraser said that he and Ms. Weber met with Richard Mock of DES in October.  Mr. Mock stated at that meeting that the DES policy of including the roadway for purposes of determining the need for a site-specific permit was just that, a policy and not a Department rule.  Mr. Fraser said that there would be no remaining issue after January 1st of 2008.  Ms. Weber said that she remembers the conversation as talking about March 2008 as the ten-year date.  Ms. Weber read from the minutes of the Special Meeting on October 9th.   At that meeting, the Board approved a motion “that the applicant be requested to meet with DES to determine if a site-specific permit is needed, and if not, to provide the Board with a letter to that effect.”  Mr. Fraser suggested that the Board could email DES about the issue.  Ms. Weber stated her recollection of the conversation with Mr. Mock was that after Mr. Fraser had gone over the proposed project in detail, Mr. Mock had said that he was not willing to provide a letter stating categorically that no site-specific permit was required.  She said that Mr. Mock had stated after a review of the plans that he thought DES would have no problem issuing a permit for the project as proposed.  Ms. Weber reiterated that the Board had requested either a permit or a written statement from DES that no permit was required, and the applicant has, to date, provided neither.

  Mr. Fraser then turned to the Board’s request for a report on possible impacts on known aquifers or existing wells.  He presented the Board with a letter dated December 19 from Jeffrey P Cloutier, LPG #654, of North American Reserve, LLC, Laconia New Hampshire.  Mr. Fraser said that because of the bad weather, Mr. Cloutier had declined to drive to Walpole for the hearing.

  Mr. Fraser then asked the Board about the letter from Attorney Slason of Salmon & Nostrand, Bellows Falls, VT, dated 9 November 2007.  At this point, Attorney Hockensmith, town counsel, suggested the Board meet want to meet privately with him for the purpose of obtaining legal advice.  The hearing was suspended for the purpose of consulting with legal counsel.

  The Board returned at 7:59, and Ms. Mansouri resumed the hearing.  Ms. Weber stated her opinion, after meeting with counsel and considering Mr. Slayson’s letter, that the Board had been correct in requesting the applicant to obtain a Special Exception in addition to the earth excavation permit.  In this case, the property already has a Special Exception for a different use, with a shared road for both uses.  The impacts of a gravel pit on the surrounding area are very different from the impacts of the existing storage operation.  Although there are some inconsistencies between the language of the Zoning Ordinance and the Earth Excavation Ordinance, she does not believe that the town meant to subject gravel pits to a lesser standard for review than that for other commercial operations.  Ms. Galloway-Leclerc stated that it has always been the policy of the Board that whenever any Special Exception is granted the applicant is told that if they make any changes whatsoever to the operation, the applicant must come back to the Board for further review.  Mr. Webb agreed and Ms. Mansouri reiterated this had always been Board policy.  Ms. Mansouri confirmed that she wanted to see the letter from Concord (DES) previously requested and the special exception applied for.  Ms. Weber said she also wanted to raise the issue of the geologist’s letter, which she had not yet seen, and would the Board perhaps want to review that letter and review it at their next meeting?  Ms. Mansouri said she would entertain a motion.  Ms. Weber moved that the Board continue the hearing to their 16 January, 2008 meeting for purposes of receiving the documentation they requested on October 9th from DES, and to review the geologist’s letter, and futher moved that the Board restate its position that a Special Exception is required for the property in addition to the earth excavation permit.  Mr. Webb seconded the motion and it was passed unanimously. Mr. Fraser offered to have Mr. Cloutier attend the January 16 meeting.

  Mr. Fraser then expressed his frustration with the Board’s process.  He formally submitted, for the record, the letter from Pamela Aslinger, dated _____________ to ensure it was part of the record.  He stated that he had started with the Board in July, had attended three hearings and held a site visit.  At the eleventh hour, the topic of a special exception was brought up, and he is bothered by the timing.  He will file for the special exception, but under a reservation of rights, as he believes it to be unnecessary.  Third, he wanted to know what the protocol is if he is to obtain a special exception?  He inquired about time frame and whether the Board would start the earth excavation hearings all over again.

  Ms. Weber said that the issues raised by the letter from Ms. Aslinger were discussed and responeded to at a prior meeting, and the letter is, as a result, already part of the record.  With respect to the time lapse, she reminded Mr. Fraser that a number of the delays in this case have been at the request of the applicant.  The Board at its October 9th  meeting had three very specific requests from the applicant.  The Board offered the applicant the opportunity to address any or all of these issues at its hearing on 17 October, and the applicant declined due to the lack of adequate time.  The applicant also chose not to attend the November Board meeting, requesting instead that the matter be continued until December.  The applicant has yet to comply with two of the requests the Board made.  Mr. Fraser said the Board should have responded to the Slason letter sooner.  Mr. Calhoun stated that the Board has made every attempt to work with the applicant at all times.

  With respect to time frames, the Planning Board will have to hold a Public hearing before making its recommendation to the ZBA for the Special Exception.  The Board members were in agreement that they would not be rehearing the application after the special exception was obtained, but would proceed on the basis of the record already made.  Mr. Bill Lundgren asked from the audience if abutters would be notified of the Planning Board hearing, and was assured that they would.  Ms. Mansouri continued the hearing to the regular meeting of the Board on January 16, 2008.

New Business:

Mr. Carignan resumed his seat as a voting member of the Board, and Ms. Mansouri appointed Mr. Calhoun to continue as a voting member.

Bob Kimball, re Sandri Oil gas station and convenience store, Corner of Main Street and Westminster Street.  Mr. Kimball inquired about an enforcement action with respect to the gas station and convenience store on the corner of Main and Westminster Streets.  His clients think it is unsightly with the chicken fence on the corner by the sign.  The chicken fence and the curbing force pedestrians out into the road.  The rectangular planter was installed, but nothing has been planted there.  The Hubbards and Burdicks have spent money on fixing up their properties to benefit the town.  This situation is not becoming to the town, and he wants the Zoning requirements to be completed.  Ms. Weber noted that she had searched the ZBA records back to 1994 in preparation for the meeting and found no zoning applications pertaining to this property, so she is unclear what is to be enforced.  Mr. Sheldon Sawyer said that the selectmen had been asked for permission to install the planter, and they had asked the property owners to check with the road agent for  safety issues.  He had no knowledge of completion or lack of it.  Ms. Mansouri noted the height of the granite curbing forces older people to walk in the street, and said there had been no plantings to her knowledge.  Mr. Sawyer said he believed the planter was on private property, not on the public sidewalk.  Mr. Calhoun said the sidewalk is outside.  Mr. Kimball said that in the past, a path was shoveled from the bank building into the Sunoco station and that was used by pedestrians, but that does not happen now.  Mr. Sawyer noted the project was presented as a beautification effort.  Mr. Kimball asked who to go to about the problem.  Ms. Mansouri suggested the selectmen. Mr. Kimball said the property is up for sale, and it doesn’t look good for the town.  It was noted that only the contents of the store were to be sold, not the actual real estate, which will continue to be owned by Sandri and leased.  Mr. Calhoun said that someone at Sandri would have to have approved the project if it is on their property.  Mr. Kimball said he would bring the matter up with Sandri and with the Seledctmen.

  Larry Woolbert, 9 Burrows Lane, Hobby Shop in Basement.  Mr. Woolbert sells used model railroad equipment over the internet.  He would like to be able to sell new hobby equipment as well, as there is a huge demand for the product.  In order for sales reps to give him an account and sell him new inventory, he must have a physical shop location.  The sales people want some kind of bricks and mortar with a sign in front so as to count as a store front.  Mr. Woolbert would continue to do his business from his basement, and would not have shop windows or window displays. He sells on the internet, and does not really want to have customers come to the house, but would have to have a sign advertizing at least 20 open hours a week.  The property used to be zoned commercial but was just changed back to Residential B.  Ms. Mansouri read the Zoning Ordinance pertaining to home businesses in the residential district, and noted that if customers were coming in, that was beginning to look more commercial.  Ms. Galloway-Leclerc noted that attorneys or doctors would also have clients or patients coming and going.  Mr. Woolbert said he did not want customers to come to his house, he wants to do his selling over the internet.  Mr. Calhoun asked if the road is private.  It is.  Mr. Carignan noted that the business will need to obtain a sign permit., and Ms. Mansouri confirmed he will need to present a sign to the Board, and meet setback requirements.  Ms. Weber will email an application to Mr. Woolbert.  Mr. Woolbert also noted there are deed restrictions with respect to signs.

Gravel Pits.  Discussion put off until better weather.

Minutes.  Mr. Calhoun moved the approval of the minutes from 21 November and 5 December as presented.  Mr. Carignan seconded the motion, and all voted in favor.

Appointment of new regular member.  One of the alternates needs to be appointed as a regular Board member to fill the space left by Ms. Weber, who is retiring after this meeting.  The appointment will last until Town Meeting at which time there will be an election for the one year balance of Ms. Weber’s term.  Ms. Mansouri has told Ms. Sandy Smith, Town Clerk, about the one year vacancy, and will speak to her again about it.  Mr. Carignan moved the appointment of Mr. Calhoun to fill the vacancy.  Ms. Galloway-Leclerc seconded the motion and all voted in favor.

  The Board then went into executive session to discuss personnel matters.  At 9:10, the Board came out of executive session.  It was stated for the record that personnel matters had been discussed at the executive session, and that no action had been taken.

  Ms. Mansouri passed out information from the Local Government Center about a Land Use Clerks Workshop.  Planning Board, Zoning Board and Conservation
Commission members are encouraged to attend.  There will be a foundation session held on Saturday, January 9th  for all the boards, and then a session in May for ZBA members. Sessions will be held at the local Government Center in Concord. Any Board members interested in attending should contact Ms. Mansouri well before Jan 4th  when the registration is due.

  The meeting was adjourned at 9:20 PM.

  The next regular meeting will be held on Wednesday, 16 January, 2008 at 7:30 PM at the Town Hall.

Respectfully submitted,

Lucy Weber,

Secretary.