ZONING BOARD OF ADJUSTMENT
MEETING OF JUNE 18, 2008
Present: Myra Mansouri, Peggy Pschirrer, Jan Galloway-Leclerc, Leo Carignan, William Webb, David Calhoun, Larry Britton, and Mary Therese Lester.
There were 14 people in the audience.
Chair Myra Mansouri called the meeting to order at 7:33 P.M.
NEW BUSINESS:
Alternate Appointment: Chair Mansouri indicated there was a full board present. She asked the Board to go out of order of the Agenda and to consider the appointment of Jan Galloway-LeClerc as an Alternate to the Zoning Board of Adjustment. Larry Britton moved to appoint Jan Galloway-LeClerc as an alternate on the Zoning Board of Adjustment for a three-year term. Seconded by Mary Therese Lester. All in favor, so voted.
Chair Mansouri also informed the Board that Ernie Vose would attend the next meeting. At that time the Board will be asked to appoint Mr. Vose as an Alternate for one year.
Shirley Frost: Mrs. Frost had requested a meeting to place a second mobile home on a parcel she and her son own at 84 Valley Road. She needs to go before the Zoning Board and inquire about a Variance, as the property frontage is 45 feet short to allow for a subdivision to create two lots. Mrs. Frost did not attend the Zoning meeting, therefore no application was given.
Fair Point: Chair Mansouri informed the Board she had received a call from Fair Point regarding changing the Verizon sign on Westminster Street. The caller was informed to go to the Walpole website and review signage ordinance.
OLD BUSINESS:
For Frank W. Whitcomb, Mr. Richard Frazier, of One Source Properties, representing Frank W. Whitcomb, Corp., was in to request a Special Exception to develop a small excavation site on Tax Map 015-Lot 035-000, in the Rural Agriculture zoning district. Access to this site is on the Old Drewsville Road.
The application was reviewed by the Zoning Board for completeness. Larry Britton moved to accept the application as complete. Seconded by Leo Carignan. All in favor, so voted.
Mr. Richard Frazier, indicated to the Board the proposed use is similar in nature (and identical in one case) to existing uses on abutting properties and those proximate to the subject property. He indicated three Town of Walpole commercial/industrial facilities are located approximately to the proposed site. All three facilities share attributes relative to the intended use. The Town Recycle/Transfer Station, Walpole Town Highway Garage, and Walpole’s Town landfill property.
Mr. Frazier indicated the proposed excavation site involves 3.6 +/- acres. A 2.7 acre pond will be developed as a result of the activity. The proposed activity will be seasonal. Likely from May through November. Permits have been obtained from DES after conducting a comprehensive, technical review of the proposed project. The digging will be mostly in water, which will create the pond when the project is finished.
Best Management Practices will be employed, as necessary to protect water quality, and will be checked periodically.
It was noted any wetlands are at least 85 feet from the dig project with a berm and silt fence between the wetlands and the project. There is ample distance between the excavation site and dwellings to mitigate any potential nuisance impacts, health, or safety hazards. Impacts from vibration, unsanitary conditions, noxious odor, and the like will not develop from this type of operation. Explosives will not be used in this project, nor is crushing equipment to be utilized on site. Berms and existing tree buffers will also act as an effective means for keeping down any potential dust generated from within the project area. No buildings are proposed for this area.
Mr. Jeffrey James spoke regarding Impact and assessments; indicating this project would not deteriorate property values in the area. There was discussion regarding hydrogeoloic investigation, best management practices for fueling and maintenance of exaction and earth moving equipment, and stump and brush management.
Jonathan Sisson from the NH Natural Heritage Bureau informed the Board there is no recorded rare species near the project area. It was also noted this project will not affect the aquifer on the property.
After the presentation Chair Myra Mansouri opened the meeting for public comment.
Andy Collins stated he believes the project will leave the neighborhood in better condition than it is now. He also stated that removing solids and replacing with liquid would not be a detriment to the area.
Ben Davis had concerns regarding noise and dust. He also questioned whether the digging would bring area wells down. It had happened in the past with one well. Mr. Frazier stated he does not believe there is concern regarding noise, dust, and wells. They are using Best Practice Methods.
Sue Hunkler and Paul and Maureen Duquette stated they have no objection to the project, but would like to see the berm removed at the end of the project.
When all comments were taken, Chair Myra Mansouri asked the Zoning Board if they had any questions.
There was discussion regarding an application for special exception in 1998, which was approved then remanded, and a special exception approved in 2001.
The boxcars on the lot were discussed and Mr. Bill Ballou indicated they would be moved to another area on the property.
Question regarding if the special exception is granted what will happen to the material setting there now. Mr. Frazier indicated that the gravel is put in windrows to dry, then removed to a Whitcomb project site.
As there are some stored items on the property now, Peggy Pschirrer believes the berms should be left in place.
Chair Mansouri asked if there was an oil/etc. leak of some sort does EPA need to be notified. The Board was informed if a spill is greater than twenty-five gallons the EPA must be notified.
Chair Myra Mansouri closed the public hearing at 9:38 PM. With no further comments from the Board Chair Mansouri asked the Board what conditions should be in place if the Special Exception is approved.
The Board approved the following conditions:
1) Make sure the stock piling of material is in said area of the proposed site plan.
2) Erect a Stop Sign at the entrance of the project area and Old Drewsville Road with sign – Right Turn only.
3) No employee vehicles parked on the proposed project lot.
4) The Zoning Board will visit the site of the project every year with a yearly report generated as required by our ordinance. Estimate time of completion is five years.
5) Hours of operation will be from 7am to 5pm, Monday thru Friday, and from 8am to noon on Saturday.
6) A copy of the two-year report Frank W. Whitcomb Corp. submits to the state will be given to the Zoning Board of Adjustment.
David Calhoun made a motion to approve the Special Exception for Frank W. Whitcomb, Corp. based on the criteria listed.
Mary Therese Lester seconded the motion. All in favor, so voted.
By-Laws: Will be discussed next month to give Board time to review the By-Laws for any changes they may wish to bring forward for discussion.Minutes of Previous Meeting: As not everyone received the minutes of the Meeting of May 21, they will be sent to the Board members and will be reviewed at the meeting of July 16, 2008.
Chair Myra Mansouri closed the meeting at 10:13 PM.
Respectfully submitted,
Elaine Moore
Secretary to the Zoning Board of Adjustment