1-13-08

Board Declines to Back Open Space Warrant Article

By Chuck Bingaman, Contributing Writer

          Walpole’s Planning board voted six to one not to support a proposed zoning ordinance amendment it already agreed to put on the upcoming town meeting warrant that would mandate a set aside of 30% open space for future commercial developments. 

Board member Eric Merklein argued at length for the proposal as necessary strengthening of the current zoning language and for making it it parallel to a provision for open space recently inserted in zoning requirements for multi-family housing developments.

          Board Chair Jeff Miller argued that the current site plan development regulations requiring open space minimums provide ample authority, with necessary flexibility, for the board to maintain reasonable open space.  Further, Miller noted, mandating minimum open space in commercial developments forces developers into variance actions that are costly, time-consuming and inflexible. 

          In the end, only Mr. Merklein voted against a motion not to recommend the proposed amendment.  Selectman Sheldon Sawyer, an observer at the meeting, noted that he saw it as “contradictory to put it on the ballot and then to vote not to recommend it.”

            In other action, the board reviewed Walpole D&D’s compliance with conditions it previously imposed on its proposed 8 lot subdivision between Old Keene and Wentworth Roads.  Despite questions from several in the audience, including at least one abutter, Chairman Miller refused to consider further D&D’s having authorized the work on Hooper Road based on an agreement with the town road agent but not with the full board.  “The work was done according to the town,” Miller repeatedly ruled.

          Miller and other board members were not so willing to drop the ongoing issue about D&D’s requesting and the Select Board’s waiving the performance bond that the planning board had required as a condition to D&D’s repairing Hooper Road.

          Board member Dave DeCoste, expressing frustration previously stated by several board members, said, “The problem was that people should come back here to get a condition changed.  I don’t think the process was adhered to.  They just didn’t come back to us.”  Chairman Miller added “The board shouldn’t have found out about the construction and the bond waiver by driving by the [Hooper] road.” DeCoste pursued the matter by asking Fred Dill of Walpole D&D. “Did you agree to a bond?”  Dill replied, “Yes.”

Selectman Sheldon Sawyer reiterated the select board’s reasoning behind waiving the planning board’s performance bond requirement without consulting the planning board.  He said that the town’s subdivision control regulations require performance bonds except, as in this case, where each lot is “on an existing improved town road.”  When audience members suggested that Hooper Road might not have been an “improved road”, Sawyer replied that the town had previously installed culverts under Hooper Road, had regurgitated it and that “a lot of Walpole Roads are not up to the standards we require for new roads.”

In reviewing other conditions for approval of the proposed development, Walpole D&D engineer Warren Stevens, commenting on the required storm water drainage plan, said it is “tough to do a drainage plan for a subdivision where we’re not building it.  I’ve never done a subdivision storm water drainage plan.”  Mr. Stevens did distribute a map of the property showing existing culverts and ponds.  In related discussion, Mr. Dill, speaking for Walpole D&D, agreed to add to proposed deed restrictions language seeking to insure building practices that will promote conservation ground water recharge.  Dill also agreed to submit a new draft of proposed deed restrictions as soon as possible.

In new business, Chamberlain Machine of Rockingham, VT submitted applications for a site plan approval and for a conditional use permit for its proposed new factory on the Huntington Farm property west of Rt. 12.  The board scheduled a public hearing on the application for its February 12 meeting.

In other new business, Selectman Sawyer noted “we’ve had a tremendous outbreak of concern about the increases in taxes.  We can’t control county taxes or school taxes, but we have decided to do all we can to hold town expense increases to 3%.”  That, he said, would limit how much the planning board could spend in 2008 on secretarial and other expenses.  Sawyer’s approach was challenged by planning board secretary and alternate member Pam Aslinger who argued that all of the planning board’s expenses were covered by fees collected and that cuts in its budget would simply force the increased use of volunteer time.

Finally, stating that Walpole subdivision regulations “are completely obsolete and do not comply with RSAs,” secretary Aslinger asked for volunteers from the board to begin preparing an updated set of regulations to be completed by the end of 2008.  Board members Eric Merklein, Ben Daviss and alternate Shane O’Keefe agreed to serve on the project.

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