PLANNING BOARD

Regular Meeting - Tuesday February 10, 2009 at 7:00pm in the Town Hall

MINUTES

Presiding:  Jeff Miller, Ch.

Members Present:  Henry Fletcher, Sheldon Sawyer, Sel., Bob Miller, V-Ch., Ben Daviss,

Donn Lounsbury, alt, Jeff Smith, alt, Shane O’Keefe, alt.

Members Absent:  Eric Merklien, Dave DeCoste     Recording:  Pamela Aslinger, Sec. alt.

These minutes are unapproved and will be reviewed at the March 10, 2009 meeting for errors, omissions, and corrections.  There were 8 persons in the audience.

I.            Meeting opened at 7:05pm

            A.  Roll call - D. Lounsbury designated for D. DeCoste, S. O’Keefe for E. Merklien

            B.  Minutes - A motion to approve the minutes as presented for the January 13, 2009 meeting was made by Mr. Sawyer, seconded by Mr. Daviss, vote called, all were in favor, motion carried.

II.            Review Applications Submitted

            A.  Mervyn(Eric) & Lilo Frink (Lot 50) and Merriam Farm, Inc. (Lot 54) - Lot line Adjustment located on Merriam Rd. Map 3 Lots 54 and 50 in the rural and timberland zones.  Purpose is to annex 59.4 acres from Lot 50 to Lot 54, resulting in Lot 54 of 77.5 acres and Lot 50 of 122.6 acres.  No new lots created.  Ch. Miller announced the review and public hearing were postponed until the March 10, 2009 meeting due to an error by the Secretary leading to several abutters not properly notified.  Sec. Aslinger explained the second page of abutters was misplaced in the folder.  She discovered the mistake when an abutter, Mr. Morgan had phoned on 2/9 to notify the board he had not received his certified notification.  In addition Mr. Faulkner and his daughter Sarah had also called concerned about the notification along with concerns about a boundary dispute.  Ms. Faulkner faxed a document to the Board on 2/10 explaining the dispute.  Each member was given a copy for review.  Sec. Aslinger notified the Frink’s and the surveyor Mr. Tom Flavin of the mistake, who were not in attendance.  Mr. Flavin said he would be submitting new maps.  The applicant will not be charged any additional fees.  

Ch. Miller stated that until the boundary dispute is resolved the Board will not process the application and to notify the Frink’s, Merriam Farm and the surveyor.  Sec. Aslinger will forward a copy of Ms. Faulkner’s concerns along with a letter requesting the applicant’s to return for a review once the boundary dispute is settled.  It may not be taken up at the March 10, 2009 meeting unless the dispute is settled prior to the application submission deadline of 2/23/09. Sec. Aslinger noted that in the board’s effort to accommodate applicants hurry through the process by accepting materials outside of the meeting - it often leads to errors such as this.

B.  Roger and Nancy Wilbur - Minor 3 Lot subdivision located on County Rd. Map 3 Lot 32-2 in the rural agricultural zone.  Purpose is to create Lot 32-2 with existing house of 6.65 acres, Lot 32-3 of 1.22 acres and Lot 32-4 of 1.23 acres.  All lots meet setbacks, frontages and lot sizes.  Lots 32-3 and 32-4 must obtain State subdivision approval. Mr. Wilbur explained the plans as stated above.  Sec. Aslinger reported the application was complete with additional fees being collected.  Ch. Miller called for a motion to accept the application as presented, Mr. Sawyer so moved, seconded by Mr. Daviss.  Vote was called, all were in favor, motion carried.

Walpole Planning Board Minutes 2/10/09 page 2

III.       Ch. Miller closed the meeting and opened the public hearing (7:10) and called for questions or concerns.

Mr. John Davis of the Surry conservation commission was in attendance for an explanation of the subdivision.  They were mostly concerned with the water drainage but had no objections.  Mr. Sawyer asked if they were also present to comment on the Merriam Farm/Frink application.  The answer was yes.  Ch. Miller gave him a copy of the boundary dispute notes from Ms. Faulkner.

            Sec. Aslinger asked Mr. Wilbur if he had applied for and received State subdivision approval?  Mr. Wilbur provided a copy of the State subdivision approval effective 2/9/2009.

IV.       Ch. Miller called for further questions or comments, hearing none closed the public hearing and reopened the meeting (7:15).  He called for board discussion and/or action on the application.  Mr. Sawyer moved to approve the application for a three lot subdivision as presented, seconded by Mr. Daviss, without further discussion he called for the vote.  All were in favor, the motion carried.  Maps and mylar were signed with instructions to Mr. Wilbur to contact the Secretary with the recording information as proof of recording.

            C.  Cellco Partnership dba Verizon Wireless Site Plan Review and Conditional Use Permit under the Telecommunications Ordinance.  The existing tower is located at 88 Scovill Rd. in the Timberland zone.  Proposal adds 3 new panel antennas and replaces related equipment.  A representative from McLane, Graf, Raulerson and Middleton PA, Tom Hildreth was present to explain the plans as described above.  He added that the antennas are located at the 390 ft. level on the 500ft. tower.  He said there is only one equipment change and they are replacing the existing generator that will stay within the existing fenced area.

            Ch. Miller called for a motion to accept the application as complete, so moved and seconded.  Sec. Aslinger read a list of waivers they requested mainly from the site plan review checklist that are not applicable to the minor nature of the application.  She noted the board should vote to accept the waivers also.  Motion was amended to accept the waiver requests and application as complete.  All were in favor, motion carried.

III.       Ch. Miller closed the meeting and opened the public hearing 7:20 and called for comments or concerns. 

            Mr. Sawyer commented that the tower has not been assessed properly but will be shortly, he said however it has no effect on their application.  He thought the UNH tower simply needed the carriers updated whereas the Fall Mountain tower had been overlooked.

            Mr. O’Keefe asked about potential increase in noise, would the new equipment be quieter?  Mr. Hildreth said the generator being newer could possibly be quieter and reminded it is the third level of power so it does not run continuously. It comes on after an eight hour battery backup in the equipment shed and if it were to run it would be for approximately 1/2 hour a week.  The existing equipment also runs on the same program.

IV.       Ch. Miller closed the public hearing 7:25 and reopened the meeting.  He called for board discussion and/or action.  Ch. Miller called for a motion to approve the application for Site plan review and conditional use permit as presented, seconded, vote called without further discussion. All were in favor, motion carried.   

Mr. Lounsbury asked if the list of waivers could be so noted in the minutes.  Sec. Aslinger will make a copy of the waiver request and attach it to the minutes.

Walpole Planning Board Minutes 2/10/09 page 3

V.         New Business:  Preliminary Conceptual Consultations - Application Submissions

            A.  Larry Burdick - Renovation of Main St. building currently housing Walpole Artisans and Wish Clothing.  (Mr. Burdick arrived later in the meeting)  Ch. Miller gave a brief description of what he thought Mr. Burdick intended noting from their discussion it was only a renovation of the inside of the building without any changes so he thought a site plan review would not be required.  Sec. Aslinger asked if he should be contacted to provide more details to make certain.  Other members asked about changes to the footprint, fire code requirements etc.  Without plans or Mr. Burdick present to explain the board was unable to make a determination on whether he was changing or expanding the use which would trigger a site plan review. 

VI.            Communications and Miscellaneous

            A. C. - Master Plan Update - OEP Grant - work session for 2/24/09 was not scheduled, a suggestion was made to incorporate future work session activity at the regular meetings due to the slowdown in applications.  Mr. Daviss suggested the board look at the new legislation on workforce housing.  General discussion ensued about the legality of the workforce housing laws, whether they would go into effect.  Mr. Daviss reported on a discussion with Lisa Murphy of SWRPC the need to show a good faith effort to address the law incase it does go into effect,  there is a possibility it will be put on hold until 2010.  Mr. Sawyer wanted another opinion from the local government center.  Mr. Daviss gave the board an overview of the formulas being required under the law and the need for it to be incorporated into town’s ordinance.

            Sec. Aslinger mentioned two other state laws regarding wind/solar energy and growth moratoriums.  Sec. Aslinger offered to provide links to the information on-line for the board to discuss at the March 10, 2009 meeting.  ZBA Ch. Mansouri offered the recent Town and City magazine articles describing the new laws.  Further discussion will be continued at the March meeting.

            B., D. - Sec. Aslinger reported that the BOS held a budget hearing 2/9/09, she, Mr. Daviss, Ch. Miller and Mr. O’Keefe attended and she found it very helpful and well attended.

Chairman Miller recognized Mr. Burdick who arrived at 7:45, the board took up discussion of his proposal. Mr. Burdick provided some sketches of the building, returning it to its original porched façade.  It will help with safety issues coming out of High St.  He wants to enclose the upper part of the structure to match the ground floor porched area.  He plans to remove the back stairway and use the original footprint of the building and plans to go from one apartment to two by removing the upper porch to create more interior space.  The board determined with the expansion and changes that a site plan review would be required, however if the net square footage change is under 2500 an expedited review could be given instead of a full site plan review.  Mr. Burdick asked about a time frame, whether they could begin the project April 15th.  Sec. Aslinger said if he came to the Board with a complete application at the March 10, 2009 meeting the public hearing would be scheduled for the April 14th meeting. Mr. Sawyer said the BOS could review their building permit on the 16th of April.

            B., D. cont’d  Mr. Sawyer talked about the Conservation Commission request to purchase the Hodgkins parcel.  He asked if the Planning Board would like to participate in the discussion? Ch. Miller thanked him for asking and thought if the appraisal was done and it could be purchased reasonably it would be a valuable addition to the forest, providing a needed access to the other lands.  Some members did not think removing such a valuable piece from the tax rolls was needed.  The board agreed to comment once the process moved forward.  Mr. Sawyer reminded that several improvements had been made to the parcel that has added to its value.  He said the BOS have not formed an opinion until the appraisal is in.  He said the parcel would be purchased with Mason funds, not taxpayers funds.  The original 10K fund is now over 600K.  He said

Walpole Planning Board Minutes 2/10/09 page 4

current use penalty has not been assessed yet. Ch. Miller thought the improvements might not necessarily add to the value of the land if it’s being purchased for its forest value.  Mr. Sawyer said the recreational and educational value of the improvements would be substantial.  He said the funds could only be used for surrounding land purchases.

            B.  Mr. O’Keefe asked if the warrant articles were being discussed shown on the agenda?  Sec. Aslinger questioned if the board wanted to do anything to support the SWRPC and Conservation funding articles?  Ch. Miller said he would contact SWRPC to ask them to attend the Town meeting to help support the dues funding.  Mr. O’Keefe asked if the planning board wanted to take a stand as a whole board to recommend or support the article.  Members thought it was a good idea.  Ch. Miller called for a motion that the Planning Board recommends the passage of Article 11 thereby funding the annual dues of $4000.00 and additional funds of $1500.00 to complete the master plan update, so moved by Shane O’Keefe, seconded by Mr. Daviss.  Vote called, no opposition, one abstention, motion carried. 

Ch. Miller discussed the conservation funding article that removes the town voted funding from current use penalties and puts it into a emergency fund at the discretion of the BOS.

Mr. Sawyer said as voted on by the town up to $25K goes into the conservation fund, anything over goes into the general fund.  He said there hasn’t been a great amount available in years past but $50K was used to purchase the Ballam Farm. He gave a brief overview of current use tax to promote open lands and the penalties used to offset tax revenue losses.  He said they’ve decided to propose recinding the conservation funding because of emergency issues that arise such as the March Hill washout. They hope to create an unanticipated emergency fund that can be accessed without a vote of the town at a time when emergencies occur.   The believe it can be done by the proposed warrant articles 7 and 8 and noted that 8 was revised to add back in that the funds can be directed to conservation or emergencies with the BOS as the agents.  There is a question as to whether the articles are legal if passed but the selectboard wants to bring it before the Town for a vote and will address the legalities later.  He said the agents could be a group rather than the BOS if the article was amended.

            There was continued general and lengthy discussion with the result being the planning board would not take any action to recommend or support the article as a whole.  But cautioned by removing conservation funding in any way would discourage maintaining the rural character and open space in Walpole that has shown to be highly supported by the voters and an integral part of the master plan and planning.  Ch. Miller is concerned the BOS will have the final say on conservation purchases.  Both he and Mr. Sawyer agreed that bringing purchases for conservation land could be put on as separate warrant articles and brought to a voted of the entire town.

            D.  Budget - Mr. Sawyer gave  brief highlights of the budget items for the benefit of the board, noting cuts and increases. 

 VII.            Adjourn Meeting - Mr. Sawyer moved to adjourn the meeting, seconded by Mr. O’Keefe, all were in favor.   8:20pm