TOWN OF WALPOLE
MEETING OF THE BOARD OF SELECTMEN
AUGUST 25, 2005
Selectmen Present: Sheldon Sawyer, Whitney Aldrich, Charles Miller
Mr. Sawyer opened the meeting at 6:45 P.M. with twenty-one people present in the audience. He announced that the Public Business would begin at 7:00 P.M. as they were waiting for Mr. Miller to arrive.
ACCOUNTS PAYABLE: Mr. Aldrich moved to approve the Accounts Payable check register and manifest in the amount of $38,718.53. Seconded by Mr. Sawyer. All in favor, so voted.
Mr. Miller came into the meeting.
PAYROLL: Mr. Aldrich moved to approve the payroll voucher for the week ending August 20, 2005, for gross wages in the amount of $19,410.82 or net wages in the amount of $11,857.53. Seconded by Mr. Miller. All in favor, so voted.
Mr. Aldrich moved to approve the electronic fund transfer for the Withholding, MEDI and FICA taxes in the amount of $4,729.05. Seconded by Mr. Miller. All in favor, so voted.
Mr. Aldrich moved to approve a Highway Department request to increase Michael Rau’s hourly wage because he is now driving truck and is doing the job very well. Seconded by Mr. Miller. All in favor, so voted.
MINUTES –SELECTMEN’S MEETING- AUGUST 18, 2005: Mr. Aldrich moved to approve the Minutes of the public Board of Selectmen’s meeting of August 18, 2005, as printed. Seconded by Mr. Miller. All in favor, so voted.
Mr. Aldrich moved to approve the Minutes of the Non-public Board of Selectmen’s meeting of August 18, 2005, as printed. The Minutes will remain sealed as they contain information on personnel. Seconded by Mr. Miller. All in favor, so voted.
Mr. Miller moved to approve the Minutes of the second Non-public Board of Selectmen’s meeting of August 11, 2005, with the following correction: third paragraph, second sentence - insert the word “past” in front of Selectmen. The Minutes will remain sealed as they contain information on personnel. Seconded by Mr. Aldrich. All in favor, so voted.
PUBLIC BUSINESS:
MERRIAM FARMS: Mr. Sawyer advised that on April 22nd, 2005, the Board of Selectmen received a Petition to Layout Merriam Road – Pursuant to RSA 231:28 – Town of Walpole, New Hampshire. Mr. Sawyer read the Petition:
“The undersigned residents of the Town of Walpole whose properties front on Merriam Road (the “Road”) petition the Walpole Board of Selectmen to conditionally layout the Road, subject to Merriam Farm, Inc. upgrading the Road to Class V standards.
Merriam Road is an existing Class VI highway in the Town of Walpole as shown on various plans and street plats located in the Cheshire County Registry of Deeds recorded at: 1) Book 5, Page 41, dated December, 1934; 2) Book 19, Page 54, dated February 18, 1971; and 3) Cabinet 11, Drawer 7-521, dated December 10, 1994.
Dated this 22 day of April, 2005.” It was signed by five residents.
Mr. Sawyer turned the meeting over to Attorney Gary Kinyon. Attorney Kinyon advised that the Selectboard consulted him about this Petition because it is unusual as it is not one that is submitted to the Selectboard very frequently. A similar Petition was filed with the Town of Surry Selectboard by the same land owners and the Selectboard heard this at their meeting last Monday night. Based on his research the issue tonight is to consider the need for the Selectboard to determine if there is “occasion” to layout this road. A Class VI road is a road that is not maintained by the Town but a Class V road is maintained by the Town. The Petitioners are asking the Selectboard to find out whether the “occasion” exists for the layout of that road. “Occasion” is not clearly defined by cases that interpret this thing. This issue suggests that what an “occasion” is is an analysis by the Selectboard as to whether it is in the best interest of the Town to layout the road. If the Selectboard determines that “occasion” exists then they think it is in the best interest of the Town to lay it out. If they vote “yes” then the Selectboard would hold a series of hearings after notifying the abutters on the road. The dimensions of the road, the engineering of the road, the standards to which the road will be built, the cost to up-grade the road and who would bare the cost would be addressed. If they vote that no “occasion” exists then they made a decision as a board that it is not in the best interest of the Town to do so. At that point the issue would die there unless the Petitioners choose to appeal that decision in Superior Court. If the Selectboard votes that there is “occasion” to upgrade the road but if other people do not agree with that they could also appeal to the Superior Court. There is another method of laying out a road and that is to put a Warrant in for Town Meeting to let the voters make the decision. The Selectboard also has to consider what the impact on the Town will be if they were to layout the road. What is the financial impact on taxes if the road; the construction and what it would cost to maintain it. In theory, the Selectboard could take the vote without any input but they decided that if people want to speak for or against the Petition that they do so tonight.
Attorney Pat Panciocco explained that the Petitioners chose to use RSA 231:28 rather than 231:38 because 231:28 was amended in 1989 to allow that Class VI roads could be upgraded to Class V roads as they also allow private roads to be upgraded to Class V roads. They would like to use the existing right-of-way that has been there since the 1700s. It is in the Town records and on the State maps. To the extent that the “occasion” analysis applies they say it is limited to the obligation of the Town to repair and maintain the road in the future. They would prefer that the Selectboard give them permission to upgrade the existing right-of-way which the Selectboard has exclusive jurisdiction over. A layout to a certain degree makes you think that property is taken but they are not contemplating taking any property. There is a little distinction in there so that is why they chose RSA 231:28. The burden to the Town would be repair and maintenance of the road that is afforded to every taxpayer of the Town, a public road. All taxpayers get to use those roads as well as people from surrounding towns. They feel that they are entitled to the same treatment. The Town of Surry would like them to not touch the road to prevent future development. They are asking to up-grade the existing Class VI road to a Class V road according to standards that the Selectboard will set. They feel they should be able to do that to make reasonable use of their property. The property rights that all of us enjoy. Regulations have to be supported by substantial government interests that are geared to public health, safety and welfare. Other than the Town’s obligation to maintain the road, the investment expectations that these individuals have to develop this property is fully under the authority of the Planning Board and what they would allow. The land is zoned Agricultural and Timberland. It is not allowing them to access their property. They cannot touch the road without the Selectboard’s permission so they are asking for that permission from the Selectboard to let them upgrade the road at these
gentlemen’s expense. They are not asking the Town or any of the abutters to contribute. The improvements to the road will not only improve their property but the Town has a more valuable base of property to tax which will bring in more revenues that will offset any burden to the Town.
There is an outstanding wetlands violation that was reported but the plan for the restoration includes three culverts. As a result, the Department of Environmental Services came to do a site visit. Merriam Farms, Inc. hired a soil scientist to develop a restoration plan. On August 23, 2005, Carl Hagstrom of Monadnock Septic Design submitted a “Restoration Plan for Merriam Farms, Inc., in Surry/Walpole for David Keurulainen. Administrative Order WD.04-019” to the NH DES. This will be incorporated in the Dredge and Fill application. Copies of the documents were distributed to the Selectboard and Attorney Kinyon. Merriam Farms, Inc. did not have total disregard to the violation. Apparently, the culverts need to have after the fact Wetland Permits done for them but they cannot do that now because they cannot touch anything on the road. There was a brief discussion regarding the history of the violations with DES.
Attorney Kinyon asked if the Petitioners own all the land on both sides of the Class VI roadway? David Keurulainen responded not all of it but from where the Town stops maintaining the road it is 2300’ in (1200’ on one side and 1100’ on the other side). Attorney Kinyon questioned how wide the existing Class VI road is? Attorney Panciocco was uncertain. Attorney Kinyon wants to understand who will pay for the cost of acquiring additional land to bring the roadway up to Town standards? Attorney Panciocco feels that to upgrade the existing right-of-way would not require making it 50’. She believes that a portion of it is four rods and there is reference to a two rod portion. Jim Terrell did not take measurements of the roadway. They may have to change the drainage, especially with future development, so that needs to be looked at. It is narrow so he isn’t sure if it could be opened-up enough for the additional traffic. Attorney Panciocco said there is a bridge issue now; they cannot get to their property because they cannot fix the bridge either because it is in the road right-of-way. It is a touchy area. Mr. Miller said the Town cannot do any maintenance on a Class VI road but he understands that the owners can plow or do enough work for access to their own property either separately or jointly with other abutters of the road. Attorney Panciocco said they have been up-front in that they are looking at and want to develop that property.
Mr. Sawyer stated that this is pretty much in the Timberland Zone and it says when the “occasion” to open that up the Town has the right to do that but he has not seen the “occasion” that they need to open that up yet. It is very steep. It still has hunting and fishing in there. He questions if the Town needs to open-up that land yet. This land is a long distance from the Fire Department and other Town services. Nobody has said we need a large development. The Town of Surry said “no” as this would end up being a dead end road and their subdivision calls for roads to be no longer than 600’ so this would raise some concern. Attorney Panciocco said in her observation of the Zoning map a portion of this property is in the Agricultural Zone. This property is over 250 acres. They just want to get in there. The fact that it allows residential housing as a permitted use leads them to believe that it is a reasonable use of the property.
correspondence. Mr. Speed’s recommendation would be to not do anything until the violations are taken care of. He is charged with the natural resources of the Town.
There were no other public comments. Mr. Sawyer closed the discussion at this time and advised that it is up to the Selectboard to make any decisions.
Mr. Miller moved that the Board of Selectmen approve the “occasion” to upgrade this section of the Merriam Road as requested by the Petitioners. Seconded by Mr. Aldrich. Vote: Mr. Miller, Mr. Aldrich and Mr. Sawyer were opposed. The motion was defeated.
DEPARTMENT / COMMITTEE REPORTS:
The Board of Selectmen received and reviewed Minutes of the following meetings: 1) the North Walpole Village District Board of Commissioners – August 16, 2005; 2) Zoning Board of Adjustment – August 17, 2005; and 3) Hooper Institute Committee – August 23, 2005.
OLD BUSINESS:
PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT – SECRETARY: Bill Webb reported that he met with Ernie Vose last night and they believe they have a secretary to fill the vacancy caused by the resignation of Louisa Preston. Pam Aslinger , Alternate member of the Planning Board, has expressed an interest in taking the position. There are still some holes in the process but they think they can arrange everything so the meetings are covered.
CREG DANCE – LETTER RE: ZONING VIOLATIONS: The Board of Selectmen reviewed their letter to Creg Dance that outlines the concerns of the Zoning Board. Mr. Sawyer feels that communicating verbally is not a bad idea so he met with Mr. Dance to discuss the situation. Mr. Dance was under the impression that he had abided with all the regulations. They made a decision not to operate the Bed and Breakfast at this time because it took too much time so it is a moot issue. He took down the sign; the new sign will meet the sign ordinance. Mr. Sawyer suggested that Mr. Dance attend the Planning Board and Zoning Board of Adjustment meetings relative to what he has to do to be in compliance. The Board of Selectmen signed the letter.
VICKY GOHL: Mr. Aldrich said that Vicky Gohl is waiting for the Board to make a decision on the Village landscaping improvements by the former Tole’s property. The Board of Selectmen agreed to make a site visit the first of next week.
AL WELCH: At the meeting last week Mr. Welch discussed the alarm system at the three pump stations. Following a discussion with Mark Houghton there was a consensus of the Board of Selectmen to put this item on-hold until a later date.
NEW BUSINESS:
MS-1 – TO BE SIGNED: Mr. Miller moved to approve and sign the MS-1 document for the Town’s Inventory and Evaluation figures. Seconded by Mr. Aldrich. All in favor, so voted.
VACATION DAYS REQUEST – JIM TERRELL: Mr. Aldrich moved to approve a request from Jim Terrell to take off personal days on September 1st and 12th, 2005. Seconded by Mr. Miller. All in favor, so voted.
HIGHWAY DEPARTMENT: Jim Terrell brought the Board of Selectmen up-to-date on an issue where a resident is unhappy with new guardrails being installed in front of his house even though it is a safety issue. He claims he had a driveway there for many years. Mr. Terrell advised the gentleman that he could attend a Board of Selectmen’s meeting or write a letter to them but to-date he has not. Mr. Sawyer explained that the Road Agent has the right to put in guardrails where he feels they are needed.
Regarding the Main Street project, by Tuesday they expect to have all the drainage work done. Mark Houghton is hoping that by the end of next week he will have the work done to Union Street. The company that will do the curbing is planning on about two more weeks. Hopefully, it will be paved by winter.
David Walker, who lives on the River Road, asked Jim Terrell to replace a portion of walkway on the River Road that was removed when work was being done on a culvert that was plugged. It left a big drop. Jim Terrell agreed to look at it.
Jim Terrell advised that the bridge consultants got a response from the State and they want to make some changes on the south end. He would like to meet with the Board of Selectmen soon on-site to discuss the changes. There was a consensus of the Board of Selectmen to have Jim Terrell set-up the meeting and let them know the date and time.
EMERGENCY MANAGEMENT: The Board of Selectmen received a letter from Harry Boynton relative to the Walpole Emergency Management.
Mr. Aldrich moved to approve the Walpole Emergency Management purchase of parts and labor for radio communications. Seconded by Mr. Miller. All in favor, so voted.
BUILDING PERMIT:
JONATHAN PALMERIA: Mr. Miller moved to approve the Building Permit for Jonathan Palmeria to build a two story cape on Dearborn Circle subject to the completion of the septic design that is approved by the State and it is received in the Board of Selectmen’s office. The Board of Selectmen will sign the signature page when it is printed. Permission is granted for Mr. Palmeria to begin the foundation preparation. Seconded by Mr. Aldrich. All in favor, so voted.
NON-PUBLIC SESSION:
Mr. Miller moved to enter into a Non-Public session to discuss a personnel matter. Seconded by Mr. Aldrich and, on a roll call with all in favor, the motion carried. The time was 8:30 P.M.
The regular meeting resumed at 8:40 P.M.
Mr. Miller moved that the Minutes of the Non-Public Session will be sealed as the Minutes contain personnel information. Seconded by Mr. Aldrich and, on a roll call with all in favor, the motion carried.
Mr. Miller moved that the Board of Selectmen approve sending Andrea Chatfield a retainer in the amount of $3,500.00. Seconded by Mr. Aldrich. All in favor, so voted.
Mr. Miller moved to adjourn this meeting. Seconded by Mr. Aldrich. All in favor, so voted. The time was 8:45 P.M.
THESE ARE UNAPPROVED MINUTES. CORRECTIONS, IF NECESSARY, MAY BE FOUND IN THE MINUTES OF THE SEPTEMBER 01, 2005, SELECTMEN’S MEETING.