WALPOLE ZONING BOARD OF ADJUSTMENT

Minutes of April 21, 2010

 

Present:  Myra Mansouri, Peggy Pschirrer, Ernie Vose, Mary Therese Lester, and Alternates- Bill Webb and Leo Carignan.  Absent:  Jan Galloway-Leclerc.

 

Chair Mansouri opened the meeting at 7:30 pm.  Chair Mansouri requested alternate Bill Webb set in as a regular member as Jan Galloway-Leclerc as absent.  Mr. Webb will become a regular member for this meeting.

 

Hearings:  Gretchen Young from Appledore Engineering Inc., representing The Hutton Company and Estate of Charles and Pearl Keefe was in for two hearings.  It is noted the Hearing was duly noticed in the Keene Sentinel, and posted at Burdicks and the Town Hall.  All Abutters were notified by certified mail.

 

The application was reviewed by the board and Peggy Pschirrer moved to accept the application as complete.  Seconded by Mary Therese Lester.  All in favor, so voted.

 

Chair Mansouri opened the Hearing at 7:35 PM.

 

Hearing 1-:  Request for a Special Exception of Article VIII to allow a commercial use in the rural agricultural zone.  Appledore Engineering proposed to build a retaining pond, on Map 012-109-001, a 1.26 acre parcel on Route 12.  The pond will be in the rural agriculture district with a section of the pond being in the commercial district.

Ms. Young explained testing for ground water retention has been done and the infiltration rate is decent. The infiltration tests show the water will be infiltrated within seventy-two hours. The pond size is approximately 110 wide by 80 long.  The depth of the pond is about eight feet at the deepest.  There will be fencing around the pond for safety purposes. There will be three catch basins that will drain back to the pond.  These catch basins are cleaned once yearly, and are monitored for proper function.  Ernie Vose asked if there was water on the house lot and Ms. Young explained there is and that water will also drain into the infiltration pond.

 

David Gorham, an abutter was present and asked about the atmosphere for breeding mosquitoes, and if a problem how will it be addressed. Ms. Young explained the pond will not have any standing water therefore it will not be a breeding ground for mosquitoes.  Mr. Gorham asked if the town will guarantee no mosquitoes.  Chair Mansouri stated the town will not guarantee that however, if there is a problem Mr. Gorham can contact DES.

 

Mr. Gorham also asked about fluids from vehicles and what problems that may create.  Ms. Young indicated when the oil gets to the infiltration pond the oils will be removed as there are sump pumps that have grease hoods to catch the oils.  Ernie asked if Appledore has to file with the state for alteration of drain treatment.  Ms. Young indicated there is an Operation and Maintenance Plan in place.

 

Red Smith informed the Board there is a retention pond near the Griswold property and there have been no problems with the retention pond.

 

With no further discussion Chair Mansouri closed the meeting at 7:50 PM.

 

Ernie Vose moved to approve the Special Exception contingent upon receiving approved alteration paperwork from DES.  Seconded by Peggy Pschirrer.  All in favor, so voted.  A letter of approval will be mailed to Appledore Engineering by the Board Secretary.

 

Hearing #2 – Gretchen Young of Appledore Engineering representing The Hutton Company and Estate of Charles and Pearl Keefe request a Special Exception of Article , Section D,#9 –Signage- of the Walpole Zoning Board.  It is noted certified notices have been sent to all abutters, notice was posted in the Keene Sentinel, Burdicks, and Town Hall.

 

Peggy Pschirrer moved to approve the application as complete.  Seconded by Bill Webb.  All in favor, so voted.

 

Chair Mansouri opened the Public Hearing at 7:54 PM.  Ms. Young indicated Appledore Inc, proposes to place two signs on the property.  One free standing Pylon sign at an entrance to the parking lot and another on the front of the proposed building.  The signs are approximately 75 feet apart, therefore requiring a Special Exception because the two signs will be less than the required 100 feet apart.

 

Ms. Young indicated the Planning Board is requested Appledore move the driveway from the front left side of the property to the front right side of the property, thereby having only one entrance off Route 12.  If other developments were made to Map 12-Lot 19, the driveway would become a shared driveway.  Appledore is now considering placing a monument sign on the property instead which would be made of brick to match the façade of the building.  After discussion of which sign would be placed where, she indicated at this time she was not sure which type of sign or placement was being requested.  Ms. Young also indicated there was discussion as to the sign on the proposed building and Appledore may be requesting a different size than the original proposal.

 

Abutter David Gorham asked if the sign has 24 hour lighting, and what will the traffic impact be and would the Board be setting precedence?  Chair Mansouri indicated each project is looked at on their own merits, and then approved or disapproved.  The Board will not be setting precedence.  After further discussion Peggy Pschirrer moved to continue the hearing until in fact the developers make a decision about the location and type of signs proposed for the Dollar Store so that it is clear what Appledore is requesting.  Seconded by Mary Therese Lester.  All in favor so voted.  Gretchen Young stated she would speak with Appledore and after a decision is made regarding which type of signs/s were to be put in place would again apply for a Special Exception.

 

NEW BUSINESS: Ola Hubbard Homestead LLC., Map 021-038-000, at 16 Old North Main Street, Walpole, NH, with Red Smith was representing Ola Hubbard Homestead LLC.  Mr. Smith was in to inform the board of a proposed addition to the Ola Hubbard Homestead property.  The property is in the Residential-B district and now is a two apartment house.  There is a two car garage at the east end of the property and the proposal is to convert the garage into a one bedroom apartment.  There will be a porch on the east side for exit/entrance and a roof will be placed over the porch.  The house and proposed apartment, now garage, is on one foundation.  The apartment will be on town water and sewer.  There was a question regarding parking of vehicle/s on the property.   Mr. Smith indicated the current parking area would be expanded for an extra vehicle.  If there were more than one extra vehicle there is ample parking in the back by the barn.

 

Ernie Vose asked if the entryway and patio will be in the required setbacks.  Mr. Smith indicated they are within the Zoning setback regulations.

 

Peggy Pschirrer moved to grant a Public Hearing to Ola Hubbard Homestead LLC so far as the application is submitted on time, fees paid, and all abutters are notified.  Seconded by Mary Therese Lester.  All in favor, so voted.

 

OLD BUSINESS:  Copies of the Zoning Board of Adjustment Ordinances were distributed.  All zoning changes made at the Town Meeting of March 2010 are in the new copies.

 

MINUTES:  Mary Therese Lester moved to approve the minutes of March 17, 2010 as written.  Seconded by Peggy Pschirrer.  All in favor, so voted.

 

OTHER:  As there was some question regarding whether the changes voted on at the Town Meeting regarding the Commercial Industrial District were legal.  Chair Mansouri spoke with Local Government Center and Concord, and was informed the changes are legal.

 

The “Potato Barn” on Route 12 was discussed.  There had been some confusion regarding a septic system placed there vs. the barn being connected to town sewer.  Sheldon Sawyer explained they are within the regulations of the Water/Sewer Ordinance and must hook up to the sewer system.

 

Building of Condo’s in town was discussed.  Ernie Vose stated a 1977 ruling by the state indicates if multi family housing is allowed in a town, the town must allow condo’s also.

 

Peggy Pschirrer moved to adjourn the meeting.  Seconded by Mary Therese Lester.  All in favor.  Chair Mansouri adjourned the meeting at 8:54 PM.

Elaine Moore, Secretary

 

(These minutes are unapproved and will be reviewed at the May 19, 2010 meeting for errors, corrections or admissions.

 

 

Cc:  ZBA, PB, Town Offices, The Walpolean

Posted:  Town Hall lobby, Burdicks Market.