Our Planning Board on June 13, by a 5-0 vote, concluded that the town’s zoning ordinance means that no new commercial building that exceeds 40,000 square feet may be approved in Walpole.  It rejected the interpretation that any size building could be acceptable so long as businesses—or “establishments” as the ordinance calls them—do not exceed 40,000 square feet.

Despite the vote’s settling a long-pending issue, Walpole State Representative, Selectman and Planning Board Liaison Sheldon Sawyer was quoted last week in the Keene Sentinel as saying, “It was my own personal understanding that this [zoning ordinance] referred to a limitation from an establishment such as Wal-Mart.  It never mentions ‘building’.”

Sawyer continued, “I’m a strong believer in both property rights and the right of private enterprise.  They have the market research.  They’ve determined what size store they think they can put in and make a profit…That’s why we originally had zoning set up that way.  It allowed private enterprise to do what they think they can do under the current regulations.”

Well, let’s think about that…

In the first place our zoning ordinance does specifically name “a building” as the subject of the clause the Board interpreted last week. See the relevant text of the zoning ordinance set out at the end of this editorial.

Second, while Mr. Sawyer may be willing to allow private enterprise “to do what they think they can do under the current regulations”, I’m not.  And I don’t think the town is either. That’s why the town set up the Planning Board and the Zoning Board to study major development applications and to apply the regulations in the first place.

Walpole needs development and developers to bring needed growth in housing and commercial activity.  Still, someone needs to represent the values, wants and needs of the townspeople when proposals are made and not to assume, ahead of time, that developers will consider those values, wants and needs. There may be many businesses whose market research might suggest building in Walpole but whose implications for the town, whether in traffic attracted, in waste materials or noise created or in out-of-scale ugliness, we would not want.  We rely on the Planning Board enforcing our ordinances to keep out those kinds of adverse growth.

The better answer, I suggest to Mr. Sawyer, is not carte blanche for developers but rather communication and collaboration between our town government, our citizens and those who wish to build here to see that everyone’s interests are respected and balanced and to see that the goals of our Master Plan and the words and spirit of our zoning ordinances are applied. 

Personally, I hope Berkshire Development returns to Walpole with an attractive, creative and profitable plan that can serve the growing commercial needs of the town while respecting the town’s values and regulations.  And I hope that Mr. Sawyer will respect the actual language and goals of our laws and not simply stand aside to allow developers “to do what they think they can do.”     

We’ve seen in many other communities what happens when developers are allowed “do what they think they can do.”   Walpole has protected something quite special here to date, and the Planning Board’s recent decision was a very positive step for our future.  Let’s continue to be vigilant about the dimensions and nature of our growth.               

                       *                                             *                                             *

The official town website at www.walpolenh.us sets out the complete zoning and site plan ordinances.  The relevant part of Article VI, Section B Permitted Uses of the zoning ordinance reads as follows:

Uses Permitted: 

A building may be erected, altered or used and a lot may be used or occupied only for the following purposes and in accordance with the following provisions: 

1. Any use permitted in Residential District Type B under the same provisions as apply to residences in said district.

2.   Lodging houses, hotels, motels, inns and tourist cabins including such retail businesses       within these buildings as is conducted for the convenience of the guests herein. 

3.   Shops, restaurants and other retail establishments not exceeding 40,000 square feet in gross floor area. 

4.   Theaters, halls, clubs and amusement centers. 

5.   Greenhouses and florist shops. 

6.   Undertaking establishments. 

7.   Business and professional offices and banks.

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

JUNE 08, 2006

Members Present:            Whitney Aldrich, Sheldon Sawyer, (Absent: Charles Miller)

Mr. Aldrich called the meeting to order at 6:36 P.M. with eight people present in the audience.

Mr. Aldrich introduced Attorney Silas Little who will be representing the Town in the Walpole Tomorrow v. Town of Walpole Planning Board law suit.

NON-PUBLIC SESSION:

Mr. Sawyer moved to enter into a Non-Public Session pursuant to RSA 91-A:3 II (e) Litigation, to consult with their attorney.  Mr. Aldrich seconded the motion and, on a roll call with all in favor, the motion carried.

The regular meeting resumed at 7:30 P.M. with five people present in the audience.  No announcements were made following the Non-Public Meeting. 

PUBLIC BUSINESS:

DON & ELSIE TRETLER:  Mr. Tretler provided a sequence of events beginning in August of 2005, to the present relative to the Dance property and their Alpaca farm.  Mr. & Mrs. Tretler feel that this has caused a loss of their privacy, subjection to odor and rodents, loss of quiet enjoyment of their home, probable loss of marketability, and probably loss of value of their home.  The ZBA had asked the Selectmen to notify the Dance’s that this must stop.  They requested that the Selectmen notify the Dances in writing that the farm operation must cease by a specific date, and must not start up again without ZBA permission.   Mr. Sawyer advised that Attorney Hanna, who represents the Dance’s, is expected to be at the next meeting to discuss this matter.  Mr. & Mrs. Tretler are just requesting closure.      

LETTER FROM PAMELA O’HARA – RE: DISCUSSION OF LAURA MALINOSKI-ADAMS NOMINATION TO THE COLD RIVER ADVISORY COMMITTEE:  The Board of Selectmen acknowledged receipt of the letter from Pamela O’Hara and reviewed the application submitted by Laura Malinoski-Adams.  Mrs. Malinoski-Adams was present and expressed her interest in serving on the Cold River Advisory Committee. 

Mr. Sawyer moved that the Board of Selectmen take this nomination under advisement and will make a decision at the next meeting when a full Board is present.  Seconded by Mr. Aldrich.  All in favor, so voted.

In the future Mr. Sawyer would like to have all vacancies posted and listed on the website to see if other people in Town are interested in serving.

WILLIAM THERRIEN – RE: LETTER:  Mr.  Therrien and his wife signed the Town’s Liability Waiver of Services as per his agreement with the Board of Selectmen a few months ago following a subdivision of their property.  The document was signed by Mr. Aldrich and Mr. Sawyer.

ROAD AGENT:  Jim Terrell addressed the following issues with the Board of Selectmen:

1)  He met with the North Walpole Village Board of Commissioners as they would like to make

    Center Street one-way.  Mr. Terrell presented a proposed diagram to the Board of Selectmen      

    for their comments.  This would also involve Vine Street.  If this proposal moves forward the     

    effected residents would be notified.

2)  Jim Terrell presented a sketch for the area around the new road.at the end of Center Street             

     extending to Main Street (parallel to the old tunnel) in North Walpole.  A proposed park-like      

      area is proposed.  Mr. Sawyer would support a public hearing and that the abutters be

       notified.

3)      The bridge on a Class VI road off Wentworth Road is now blockaded and a road closed sign was erected because the bridge is out.

4)      They have started to work on the curbing on Main Street.

5)      It is now estimated that the cost to repair the Old Keene Bridge will be approximately $50,000 more than originally figured due to the postponement of the project.

6)      Mr. Miller contacted Jim Terrell regarding the eagle on the flag pole as it is drooping.  The Fire Department will fix it.

7)      The new truck is in.  It is getting the body put on so should be ready in July.    

8)      The new wing is all set up but will be over the estimate.

9)      The price of asphalt is going up monthly.  Sand Hill Heights will not be paved this year.

10)   The paving schedule for this year was for about 7 miles but it might be cut back to about 4 miles.  Pleasant Street is a few years down the road.

11)   Jim Terrell discussed having a Highway Department Foreman.  The Board of Selectmen agreed to take it under advisement.   

12)   Jim Terrell was asked to become a member of the State Mutual Aid Board.  There is usually a

       meeting once a month in Concord and he would be carrying a beeper.  Most of the work is        

       done by email and other means of communication.  Mr. Sawyer felt a full Board should be    

       present when making the decision.

ACCOUNTS PAYABLE:  Mr. Sawyer moved to approve the Accounts Payable check register and manifest in the amount of $32,046.37.  Seconded by Mr. Aldrich.  All in favor, so voted.

PAYROLL:  Mr. Sawyer moved to approve the payroll voucher for the week ending June 3rd, 2006, for gross wages in the amount of $14,109.99 or net wages in the amount of $7,309.39.  Seconded by Mr. Aldrich.  All in favor, so voted.

Mr. Sawyer moved to approve the electronic fund transfer for the Withholding, MEDI and FICA taxes in the amount of $3,502.51.  Seconded by Mr. Aldrich.  All in favor, so voted.

PURCHASE ORDER:  Mr. Aldrich and Mr. Sawyer approved and signed the purchase order in the amount of $17,499.00 for the new loader wing as approved under Article 11.

MASON FOREST:  Mr. Sawyer moved to approve payment of the bill from Robie Speed for a clean-up at the rest areas on Route 12 to be taken out of the Mason Forest Fund.  Seconded by Mr. Aldrich.  All in favor, so voted.

FOREST FIRE TRAINING:  Mr. Sawyer moved to sign the bill for Forest Fire Training for the two Deputy Forest Fire Wardens.  Seconded by Mr. Aldrich.  All in favor, so voted.

Mr. Sawyer moved to approve and sign the bill for Forest Fire Training in Keene on May 16th for the Warden and Deputy Warden.  Seconded by Mr. Aldrich.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- JUNE 01, 2006:  Mr. Sawyer moved to approve the Minutes of the public Board of Selectmen’s meeting of June 01, 2006, as printed.  Seconded by Mr. Aldrich.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS: 

The Board of Selectmen received and reviewed the Minutes of the North Walpole Village Board of Commissioners meeting of June 6, 2006.

WARRANTS / ABATEMENTS:

WARRANT – Map 028-081-000:  Mr. Sawyer moved to approve the Warrant for the Collection of North Walpole Property Taxes for 2006 in the amount of $685.00 for DiBernardo and Howell.  Seconded by Mr. Aldrich.  All in favor, so voted.

ABATEMENT – Map 028-081-000:  Mr. Sawyer moved to approve the Abatement for the North Walpole Property Taxes for 2006 in the amount of $685.00 for Stephen and Darlene Pecor.  This is due to a transfer made in error.  Seconded by Mr. Aldrich.  All in favor, so voted.

OLD BUSINESS:

BUILDING PERMIT INVOICE:  Mr. Sawyer moved that, with the approval of Mr. Miller, they will request the appearance of Mr. Jasse at their next meeting.  Seconded by Mr. Aldrich.  All in favor, so voted.

SUMMER HOURS:  Mr. Sawyer moved that the office staff can go on summer hours.  Seconded by Mr. Aldrich.  All in favor, so voted.

NEW BUSINESS:

LETTER FROM DOT – RE: MEETING AT TOWN HALL ON JUNE 28, 2006:  The Board of Selectmen announced that a letter was received from the DOT scheduling a meeting on Wednesday, June 28th, 2006, at 7:00 pm in the Town Hall for the bridge replacement over Route 123 over the Cold River.  The plans will be displayed at 6:30 pm for all interested participants.

EMPLOYEE HEALTH INSURANCE:  The Board of Selectmen has taken an employee health insurance matter under advisement.

The Board of Selectmen recessed their regular meeting at 9:05 P.M. 

TRUSTEES OF THE HOOPER FUND:

HOOPER PROPERTY:   Mr. Sawyer moved to hold the two invoices from E.E. Houghton, Inc. for the Hooper property (cottage, mansion and club house) until next week.  Seconded by Mr. Aldrich.  All in favor, so voted.

. The Board of Selectmen resumed their regular meeting at 9:10 P.M.

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Aldrich.  All in favor, so voted.  The time was 9:12 P.M.

NOTE:  THESE ARE UNAPPROVED MINUTES.  CORRECTIONS, IF NECESSARY, MAY BE FOUND IN THE MINUTES OF THE JUNE 15, 2006, SELECTMEN’S MEETING.

Ed. Note: Full disclosure requires that I tell you that I am on the board of the Friends of the Library. But I thought many Walpolean readers might be interested in this note.  CCB

• The Bridge Memorial Library in Walpole is open on the following schedule:
• Mon.-Fri. 1:30 to 5:00 p.m.
• Mon. Evening  6:00 to 8:00 p.m.
• Wed. a.m. 10:00 to 12:00 noon
• Sat. 8:00 a.m. to 12:00 noon
• Director: Frankie Knibb
  

• The North Walpole Library (a branch of the Walpole Town Library) is open on Tues. and Wed. from 2:00 to 4:00 p.m. and on Sat. from 1:00 to 4:00 p.m.  Librarian: Rose Wierden

• The Friends of the Library run a fall book sale and a spring plant sale that raise over $5,000 per year that is contributed to the library for purchase of books and other needed items.

• The Friends also fund special admission passes available to library users for the Museum of Fine Arts in Boston, the Currier Museum in Manchester and the Mariposa Museum in Peterborough. (You just request them at the checkout desk.)

• The Friends are looking into the possibility to a new, more noticeable sign for the North Walpole Branch

• The Friends would like you to join and thereby further support our library.  Dues are VERY modest.  Call Lyn Cooke, Chair, at 756-4745.

MINUTES—21 June 2006

Present:  E. Vose, M. Mansouri, L. Britton, L. LaClair, W. Webb, L. Weber.

NOTE: THE FOLLOWING MINUTES WILL BE REVIEWED ON 19 July 2006.

The meeting was called to order at 7:30 PM.

NEW BUSINESS:  Pinnacle View Equipment Sign Variance.

            Mike Snide, representing Pinnacle View, inquired about modifying the variance granted on 18 January 2006, for two signs to be placed 50 feet from the existing Pinnacle View sign.  When he discussed sign installation with the installer, the suggestion was made that both new signs could be stacked on the same posts.  The new proposal would site the two signs, one above the other, 62 feet back from Route 12 and 62 feet back from the intersection providing access to Pinnacle View and to Rite Aid.  The new sign would be located 104 feet from the existing Pinnacle View sign.   The signs are the same as previously considered—a 36 square foot Kubota sign and a 32 square foot Polaris sign.  Mr. Snide has permission from the two companies to mount the two signs together.  The proposed installation would not need a variance for distance from another sign, but would need a variance for size, as the overall square footage of the proposed installation would be 68 square feet.  Mr. Snide stated that mounting the signs together would be a less cluttered look for his property, and would be less distracting for drivers.  The sense of the Board was that the new proposal must be treated as a new variance application.  Mr. Vose inquired if Mr. Snide would be willing to give up the permission for two signs each 50 feet from the original sign if the Board grants this new proposal.  Mr. Snide said he would.  A hearing was set for 19 July 2006 on the new proposal pending receipt of a completed application.

OLD BUSINESS:

            The minutes of the May meeting were approved as revised on 18 May 2006.

            The meeting was adjourned at 7:50 P.M.  The next meeting will be held on Wednesday, 19 July, at 7:30 P.M.

Respectfully submitted,

Lucy McVitty Weber

PLANNING BOARD MEETING

June 13, 2006  7:30pm Walpole Primary School

Unapproved Minutes

Members Present:  Jeff Miller, Ch., Bob Miller, V-Ch., Dave DeCoste, Henry Fletcher, Sheldon Sawyer, Ben Daviss, Eric Merklein, Pamela Aslinger, Alt., Ray Boas, Alt.

Absent: Fred Dill, Alt., Dave Edkins, Alt.

Presiding:  Jeff Miller, Ch.

Recording:  Pamela Aslinger, Secretary

These minutes will be reviewed at the July 11, 2006 meeting in the Town Hall at 7:30pm.

- Notice of the meeting was properly posted.

- The meeting was called to order at 7:30pm.  All regular members were present, no alternates        designated.

 - Ch. Miller passed over the minutes of 5/09 and 5/23/06 meetings. (these will be put on the July 11, 2006 meeting)

REVIEW APPLICATION SUBMITTED

Eric Merklein asked to be recused from participation on the Hubbard application since he is an abutter.  Ch. Miller appointed Mr. Boas to act in his place.

Ch. Miller asked if the application was in order.  Sec. Aslinger reported all application materials, fees etc. had been received, that all abutters were properly notified. 

Ch. Miller called for a motion to accept the application, so moved and seconded, vote passed unanimously.

Ch. Miller asked Mr. Dibernardo to bring forward and present the John and Carol Hubbard Lot Line Adjustment located on Old Drewsville Rd.  Map 10, Lot 7 in the R-Ag. Zone.  Mr. Dibernardo explained the purpose is to annex .48 acres to Lot 1 to the existing Hubbard homestead, removing .48 acres from Lot 2, resulting in Lot 1 of 3.24 acres, and Lot 2 of 8.83 acres.

CLOSE MEETING/OPEN PUBLIC HEARING

Ch. Miller called for public comment, being none, closed the hearing and reopened the meeting.

Ch. Miller called for the Board’s action on the Hubbard Lot Line Adjustment.  Sheldon Sawyer moved to approve the application as presented, Henry Fletcher seconded, being no further discussion the vote was taken, motion passed unanimously.

Ch. Miller and Vice-Ch. Miller signed the maps and mylar.

OLD UNFINISHED BUSINESS

Ch. Miller announced that Vicky Gohl of Sunoco Station/Sandri Oil had submitted a letter received by the Board earlier in the day regarding the final contingencies of the Site Plan approval granted last fall, being a landscape plan and handicap parking.  The letter stated she had met with the Road Agent about placement of a hybrid elm north of the fountain, that it would not include a curbing surround.  Jason Munn was present representing Ms. Gohl, he distributed drawings for the Board’s review, describing the location of two hybrid elms, one on the apron without the curbing, one behind the store, a stand of 4 sycamores on the NW corner of the building delineating the parking area, additional plantings near the sign and an attached 20 x 25’ bed to the existing bed on the south side of the building.  All beds would be granite curbed.  He stated the handicap parking was moved to the front side of the building and would include a insignia when the parking lot was striped. 

Mr. Merklein asked if there were any plans to reduce the size of the Sunoco sign, Mr. Munn said he could not answer that.

Mr. Jasse asked if it was possible to grandfather the sign but reduce its size?

Ch. Miller suggested Ms. Gohl be contacted unofficially regarding the sign.

Motion was restated, seconded, vote passed unanimously in favor.

NEW BUSINESS

Ch. Miller called for new business.

1.  Mr. Dibernardo had earlier requested the Mort preliminary 3 lot subdivision be tabled.

2.  Mr. Kermit Zerr, representing Cellco Partnership dba Verizon Wireless brought forth an application for Site Plan Review for a proposed new 134’ telecommunications tower to be located along side an existing tower of 150 feet on Fall Mountain, owned by Mr. Brown.  He said originally they (Verizon) were going to apply for an addition to the existing tower, but found it was already filled to capacity.  He said Verizon had done a build out coverage study to determine the necessity for the new tower.  Indicating on the plans, he said the new tower would be the same as the existing tower, a slim triangular shape.  He said the existing chain link fence enclosure would be expanded to include an additional 12 x 30’ equipment shelter, the new enclosure would be security contained and enlarged by 3800 sq. ft. with the total footage to be 7500 sq. ft.  He said an ice bridge would be constructed on the new tower connecting to the equipment shelter.  He said they will use the existing access and roadway to the site.   He said the height was determined by a number of factors including frequency requirements. 

Ch. Miller called for questions: A question from the audience if the tower would be lit, it will not be lit.  Mr. Sawyer asked if Verizon would work with the Town tax accessor to fully access the existing tower, that there were deficiencies.  Mr. Zerr said they would suggest and do whatever they could but only have a lease relationship with Mr. Brown.  It was noted that Adelphia owns the present tower.  Asked if they would provide for co-location they agreed noting the regulations require it and they would provide it.  Asked how soon the new tower would be at capacity, Mr. Ken Kelley of Verizon stated they expected the tower to be filled in 3 to 5 years depending on demand, their studies were indicating Walpole may need a smaller third tower in the future, currently there is no service in the Walpole and West Cheshire network.  Asked if they would consider a disguised tower, Mr. Zerr said they opted for a “slim guide tower” like the existing tower, it would be less obvious that way and due to the height of the location, it was the best design.  The structure itself will serve it’s purpose for years to come.  Asked if it was being built on spec, answer was no, Verizon will be using it.  Mr. Jasse asked about technical review and economic losses borne by Verizon regarding the present tower. 

Ch. Miller closed the question period siting this was just a preliminary discussion, further questions should be part of the Public Hearing to be scheduled.  He asked for a vote to place the application on the agenda for July 11, 2006 and schedule the Public Hearing for July 11, 2006.

Was so moved, seconded, vote passed unanimously in favor.

UNFINISHED BUSINESS

Walpole Properties LLC, Berkshire Development - Site Plan Review Route 12, continued review. 

Ch. Miller invited Mr. C.R. Willeke, P.E. District Engineer from NHDOT to attend the meeting to discuss the pending Berkshire state application.  Mr. Willeke said he came to get a sense of what the Board and Town’s input is on the situation.  He does not have the results of the study but can draw some conclusions based on what they have so far.  Ch. Miller asked Mr. Willeke to share his conclusions with the Board, the Board would comment as appropriate. 

Mr. Willeke said the proposed “grocery store” as described in the plan would cause impacts to the existing plaza driveway, Dearborn Rd., Upper Walpole Rd. and the new proposed entrance.  He said the way the report goes, is they grade the level of service on the entrance to Rte. 12 on an opening year and 10 years into the future. He said the opening year service is

questioned whether the waiting time for persons exiting onto Rte. 12 ie; waiting for a gap, if it would be worth putting citizens at risk, that safety must be carefully weighed.  He said one way to solve the concern is to put a signal in, up to three signals might be required.  He said “access management” such as sharing the existing entrance is possible but understands lease agreements are a problem between the properties.  He suggested a possible median strip to prevent left handed turns and a turnaround, it might keep through traffic moving on Rte. 12, although he said it could be excessive. He said or they could just put the driveway in and live with the poor level of service, if it becomes a problem hold the developer with an agreement that they put in a signal later. 

Ch. Miller said his main concern has been about the existing entrance being unsafe, especially because of the grade, misjudgement of speed, the accidents and more times than not the waiting period seems to grow longer and longer, it’s unsafe existing, how can we handle the additional traffic with another large scale development, a large unsafe cluster.  He doesn’t agree with a traffic light, persons stopped will be hit from behind in both directions.

Mr. Willeke said sight lines and projected cues would need to comply.  He said Rte. 12 should be built to handle the cues. 

Mr. DeCoste said it is not the cue line, but more trying to see over the crest.  He asked if the State was thinking of a light?

Mr. Willeke said the recent study of the existing plaza showed that it is very close to needing a signal, but that isn’t the only solution, that lights can cause problems as well.  He said with the new proposal it would be more likely to cause traffic signals to be required.

Mr. Boas asked if not knowing the specific types of stores going in the new proposal, would that cause the numbers to be conflicted.

Mr. Willeke said Berkshire used the standard methodology to determine worst case, overly conservative numbers based on an accepted manual.  He said they mentioned a fast food restaurant numbers in one of the buildings and a grocery store.  He said if they made a drastic change they would need to re-look at the figures.  Ch. Miller noted the applicant did not mention fast food at all or drive-thru.

Mr. Merklein asked if they look at both shopping centers as one since the existing plaza is likely to undergo some tenant changes once the new proposal comes in.

Mr. Willeke, said no, it would be considered a change in use for the existing plaza, they use current figures.  If the existing Plaza undergoes a change in use, the State would require them to do a new traffic study to reflect current and or projected uses if they are large enough to warrant that.

Mr. Merklein said it should be looked at as one whole center.

Mr. Willeke said the State could not require the existing owner to be part of the new proposal but he is here tonight to say that the access to the two plazas should be combined.

Mr. Merklein said both are being managed by the same developer and they should be answerable to NHDOT as a combined effort, that the developer has promised to spruce up the existing plaza dependant upon the approval of the new proposal.  He reiterated the point that both the existing and the proposal must be looked at as a single unit of development.

Mr. Hansel, audience member stated a point of order that no public input was allowed?

Ch. Miller agreed saying this review was for the Board only.

Mr. DeCoste asked when Berkshire submitted the study, did it only address the new proposal, that it did not include the existing plaza? 

Mr. Willeke said he was reading from the study which stated “for analysis purposes the combination of a super market, general retail and fast food was selected to provide a conservative worst case analysis”.  They count the cars at all intersections then add their proposed use numbers and growth of the Town.  By way of counters in the road NHDOT has determined a historic growth rate such as 2% per year.

Mr. DeCoste asked if just one entrance is recommended, will there still be a signal needed.

Mr. Willeke said yes, because the numbers are showing the need for it to avoid a poor level of service.  He would rather not see signals personally.

Mr. Daviss said if DOT is recommending the existing entrance be used, then only one other signal would be necessary?

Planning Board Meeting 6/13/06 page 4

Mr. Willeke said they would propose three signals, one at existing, one at proposed new driveway and one at Upper Walpole Rd.  However he doesn’t agree with the proposed new driveway.

Mr. Daviss asked if NHDOT had the power to say no to the newly proposed driveway.

Mr. Willeke stated since the new site is a separate lot of record the State cannot deny them access to Rte. 12.  They can regulate Berkshire’s use if it impacts the highway, they can say how but not no access.  He said if Walpole is happy with that area as being their commercial corridor, then signals may not be such a terrible thing.  But from a highway standpoint DOT wants to see traffic kept moving through a regional arterial like Rte. 12. 

Ch. Miller said it is a limited access highway.

Mr. Willeke said it appears that this is where the Town is growing, by what is already in place.

Mr. Daviss asked what access management might address.

Mr. Willeke said it might include one driveway but incorporate an internal roadway system to reduce the traffic on Rte. 12 by internalizing movement within the centers.  He said it is much safer and better for the highway and Town, by limiting the number of driveways onto a high speed highway. 

Ms. Aslinger asked if the plans submitted for review showed any internal roadways?

Mr. Willeke said they did show an easement, but it was not adequate for what the State would consider an internal roadway access system, that is was very minimal and inconvenient.

Ch. Miller thanked Mr. Willeke for his time, Mr. Willeke said he was looking for the Town’s input, he would like to keep the Town informed before a final decision was made. 

Mr. Boas asked about how long until the review would be complete.

Mr. Willeke said 30 days or so would be realistic, they would come back to the Board at that time for more input and the Board could put their comments in writing also.

Ch. Miller read the letter, asking the Board to delay further action and to agree to an extension until July 18th due to a technical legal issue surrounding the internal connector agreement between the plazas.

Ch. Miller said he felt the Board had been reviewing this proposal since February, he thought the Board was ready to take action and not delay.

Mr. Sawyer said he thought Berkshire had bent over backwards to accommodate the Board’s wishes, that they should be granted more time to work out this legal glitch and the Board should allow them the time to see if they can guarantee access between the plazas, that we shouldn’t vote on something that isn’t guaranteed.  He feels we should give them the time to address the issue, it gives both an opportunity to get it right, and reminds without the transportation, he said he wouldn’t want to vote on the proposal without the transportation permit.  Mr. Sawyer moved that the Board grant the 30 day extension.

Henry Fletcher seconded the motion.  Ch. Miller called for discussion.

Eric Merklein said he disagreed, that the Board had asked time after time for Berkshire to present a plan designed so the back side of the building didn’t face the present plaza, the issue of traffic safety had not been addressed, request for additional greenspace had been ignored, as was requests to reconstruct the size and scale of the project, that they hadn’t answered the Board’s concerns.  He said they did only the minimum with the interconnector, that it was poorly designed. 

Ray Boas said the Board has heard a lot of testimony, a lot of opinions both pro and con.  He said the biggest issue that has come up regards the interconnector roadway and it is now in question.  He said Mr. Willeke also showed concerns with the interconnector being a minimal effort, also indicated one entrance/egress is optimum. He said there have been a number of revisions to the plans since February, that he is uncertain at this time of what the Board would be actually voting on.  He said he did not wish to grant an extension, not that the Board wouldn’t consider future proposals, but at this time the Board should call an end to what has been proposed, and when the concerns can be addressed come back with a better plan.  He said an extension at this time for 30 or 65 days would not correct some of the issues that have

Ben Daviss agreed with Ray, he said the changes the Board requested have been met with minimal changes, that by granting an extension it would only serve Berkshire, and not the Town.  He said to allow additional time to work out a tiny pass through between the two shopping centers would not result in a serviceable solution to the now more apparent traffic and safety issues.  He said there is nothing to be gained by allowing an extension.

Mr. Merklein said he had talked to Shaw’s about whether they would be considered for the new space, he said he wasn’t knowledgeable about the exact agreement Shaw’s has but noted if a competitor is placed in the new space Shaw’s would be pursuing legal avenues.

Mr. Miller said he did not feel this was appropriate to be discussing at this time and asked Mr. Merklein to refrain from further discussion.

Mr. DeCoste said he is very concerned how things have not really come together at all, that the inter connector is very big issue to him.  In addition the structure hasn’t been set up to be a whole shopping area, although he said he’s not saying Berkshire shouldn’t come back with a legitimate change.

Ch. Miller restated the motion to grant a 30 day extension and called for a vote by show of hands.  The motion was defeated 4 against, 2 in favor.

Ch. Miller said he would like to state an issue and possibly call for a vote.

Attorney Thomas Hanna interrupted against Ch. Miller’s wishes and submitted a letter to the Board.

Ch. Miller read the letter which stated:  On behalf of Walpole Properties LLC and Berkshire Development, I hereby withdraw the Site Plan application pending the board.  Thank you for the hard work.  I regret that having to withdraw the application has become necessary.  Letter was dated 6/13/06 signed by Attorney Thomas Hanna. Ch. Miller accepted the letter and thanked Mr. Hanna.

Ch. Miller returned to the issue he would like to address regarding an unanswered question in the Planning Board minutes of January 11, 2000.  He said a lady had asked a very important question regarding the 40,000 square foot limitation, whether it meant a building or an establishment.  He said he would like the Board to come to a conclusion because the indecision of the Board was leading to confusion and internal conflicts regarding analysis of certain projects.  He said it would be wise for the Board to come to an agreement and perhaps the ambiguity in the zoning ordinance could be addressed through the amendment process in 2007.  He said back in 2000 the intent was clear;  to mean a building, but as time has passed it has become unclear.

Mr. Sawyer asked if he had the 2000 warrant article voted on by the Town, that he felt it reflected the correct intent, he thought it meant a 40K sq. ft. establishment, not building.

Ch. Miller said he had polled many people and had been a part of the process in 2000, that it is more clear to him the 40K sq. ft. applied to the building size.  He said he thought the existing Board can decide this issue and move forward, at least until March 2007.  He said if the Board can settle the matter, if it is challenged then there is an appeal process in place to address that.  He said the Board can decide, offer the position to give direction to an applicant, if they don’t like the interpretation, they can appeal it, but for now the Board needs to move beyond this issue. 

Mr. Sawyer asked if Ch. Miller thought the Planning Board was within their right to interpret the issue.  Ch. Miller said yes it was well within the right of the Board and it was well within the right of an applicant to appeal the decision through the courts. Once the Board’s interpretation would be made, it is up to the court to uphold that determination, if the court

doesn’t agree then the Board would have to reverse their interpretation, he was comfortable with the process.  He felt having the Board avoiding the issue is not helpful, that a direction is very important.

Mr. Merklein said he wanted to avoid another application coming in that exceeds the limitation right at the start.

Mr. Daviss said he thought there were two questions, 1) are we talking about whether a building is a retail establishment, 2) does the ordinance say that 40K sq. ft. limit applies to all the businesses inside a building or each business inside the building. 

Ch. Miller said he thought it was very clear that the only question was whether it is a building or establishment.  Is it a gross floor area building or per establishment.

Mr. Daviss said he thought there were two separate questions still.  Thirdly, he had been told by three separate municipal lawyers that it is improper for the Planning Board to be make a general ruling of the ordinance outside of the application process.  He said we could take a sense of the Board but not make an actual ruling.  He said it should be on the record that it is not a legally binding vote being taken.  Mr. Daviss said he would like to hear from everyone.

Ray Boas said he thought the warrant article addressed only one question whether 40K sq. ft. applied to a building or retail establishment.

Bob Miller said there was absolutely no question that the 40K sq. ft. pertains to the size of the building.  If developer B came in next week and proposed a 100K building, but then said don’t worry each store or establishment won’t exceed 40K sq. ft.  He asked is that what Walpole wants? 

Mr. Daviss said if he reads the ordinance he sees that building and establishments are two separate issues by the way the ordinance is written.  But when he reads Article VI section B he sees that 40K sq. ft. in gross floor area applies to all the retail establishments in a building not each one.  Because building and retail establishments are treated as two separate things,  therefore two separate questions.

Ch. Miller said when the next application comes up, we answer the question at that time.

Dave DeCoste said he wasn’t part of the 2000 amendment, he thought the 2006 amendment must have tried to say that the ordinance wasn’t clear that it was a building being limited to 40K sq. ft.  That he cannot see where it is applied to a building, but to him it says shops, restaurants and establishments.

Ch. Miller said to go ahead of that statement under Article VI. B., the first two words are “a building” and the following items can take place in a building.

Mr. Boas said obviously there is a disparity in the wording, that some additional work may be needed, so it leaves no room for interpretation.

Ch. Miller said this issue could be taken up when the next application is presented.

Ms. Aslinger brought up the wording in the Master Plan.  That while the Master Plan is only an advisory document, efforts were made to include the Goals and Objectives in 2000.  The  amendment was created from the suggestion in the Master Plan to specifically:  “Discourage the development of Walpole into a regional economic center.” Under Item #1 “To restrict the size of commercial buildings - for instance not permit any building area to be larger than 40, 000 sq. ft.”.  She said they talked right there about limiting the size of commercial buildings to 40K sq. ft., what happened after that was the zoning amendment to reflect the intent of the Master Plan.  She said while the Master Plan isn’t a regulation, the Zoning

Ordinance is our regulations, and it clearly reflects that a commercial building should be limited to 40K sq. ft., she thought that was clearly the intent.

Mr. DeCoste said but they said “for instance”.

Ms. Aslinger said yes, but they actually put it in place, actually made it happen in the amendment to the Zoning Ordinance in 2000, the amendment came after the Master Plan.

Mr. Sawyer argued that even if it is determined that 40K sq. ft. if per building a developer could still have more than one building on a lot therefore not making a difference.

Ms. Aslinger said no, only one building per lot is allowed, more than one building would require a subdivision.  She said the way she had looked at the issue is that the 40K sq. ft.  limit on building size only makes sense if the original intent was to scale down the size of buildings for the Town. By having it worded in the Master Plan the way it was and then followed up by the Zoning amendment, its obvious to her that whomever worked on this issue was trying to limit the size of buildings. It doesn’t make sense to limit the establishments, to end up with a huge shopping center well over 40K sq. ft. made up of ten 40K sq. ft. stores so you end up with a 400K sq. ft. building.  She said some people argued that limiting the building to 40K sq. ft. zones out shopping centers.  She said it doesn’t zone out shopping centers, it limits and brings the scale down to 40K sq. ft.  You can still have a shopping center as long as its only 40K sq. ft.  You can have multiple establishments as long as it’s within a 40K sq. ft. building.

Mr. Sawyer said with so many subdivided lots how would that many permits be allowed for entrances and exits on Rte. 12.

Ch. Miller said that is where the interconnecting roadways become critical.  He said he thought without the interconnection of the two separate entities combined as one on the Berkshire plan was showing how a project could not be cohesive for safety and other issues.

Eric Merklein suggested the Board heed the Master Plan regarding planned controlled growth, one of the prime ways to do that is to limit the size and scale of buildings.  He requested to follow the suggestion of the Chairman to finalize a policy otherwise the issue would continue to be a trouble area for the Board.  He cautioned about arguing the semantics he asked the Board to take a vote, he’d like it settled.

Ch. Miller said Ben is right, it should be dealt with when an application is presented, all opinions have been heard and we should move forward.

Mr. Daviss said he thought there was a common opinion on the Board and would like to introduce a resolution that could be voted on, he read:  “Resolve that it is the understanding of this planning board that no single retail building shall encompass more than 40,000 square feet.” He said it’s not proposing an amendment to the ordinance rather just providing a statement of understanding and it is on the record when people come to the Board.

Ch. Miller said isn’t that what he asked originally asked?  Mr. Daviss said he still thought what was originally asked was two separate questions on two other issues.  He re-read the resolution.  Mr. Sawyer asked if it was just in the commercial zone, answer was yes. 

Mr. Fletcher asked if it would limit agricultural buildings, answer was no.

Ch. Miller asked Mr. Daviss if he would like to make a motion to adopt the resolution.

Mr. Daviss so moved, it was seconded by Mr. DeCoste.  Vote by show of hands, 5 in favor, 2 with no vote. The motion passed.

OTHER

The hearing for the CIP was scheduled for the July 11, 2006 meeting to be held in the Town Hall.

Board received a Drinking Water Protection Plan in the Cold Water Rivershed, Sec. Aslinger said it protects the drinking water of the Fall Mountain School area, that it only effects that part of Walpole, it will be on file if members want to read it.

The DOT is holding a meeting to review the design of the new bridge over the Cold River, meeting is set for Wed. June 28, 2006 at the Town Hall.  Sheldon said it won’t be exactly the same but one design uses the fake stone with a double arch and one without the double arch.

Ms. Aslinger passed out her away schedule noting Regina Borden will be covering for her from June 19 - Aug. 5ish.  She is available by cell phone and e-mail once in Montana.

Mr. Jasse said he thought it was disingenuous for Mr. Hanna to submit a withdrawal letter.

Ch. Miller said an applicant can submit a withdrawal at anytime and the withdrawal was accepted.

Mr. Merklein asked for the Board to think about revision of Zoning regarding building permits, he asked to form a committee of Board members and Townspeople to address the housing issue.  Mr. Sawyer said he would like to research the housing figures for the last 10 years, he’ll have it for the July meeting.

An audience member asked if two commercial buildings could be built side by side only one foot away.  Ch. Miller said no, subdivision is required and the lots would be subject to all the setbacks, frontage and sizes.  Sec. Aslinger read the commercial district lot requirements.

Ben Daviss asked to have the Board work on revision of the Zoning Ordinance to better reflect the Master Plan.  Ch. Miller agreed suggesting we begin with revision of the Land Use section of the Master Plan since it has been several years, possibly contact SWRPC and budget for it for 2007.

Dave DeCoste made a motion to adjourn the meeting, seconded passed unanimously in favor at 9:10 PM.

6-14-06

Berkshire Development Withdraws Site Plan Application

Planning Board Also Clarifies Understanding About Permitted Retail/Commercial Building Size

By Charles C. Bingaman, Contributing Writer

            Following the Walpole Planning Board’s denying Berkshire Development’s request for a 30-day extension of time to deal with “technical legal” difficulties in its plan, Berkshire attorney Thomas R. Hanna abruptly withdrew the whole application Tuesday evening.

            And, in follow-up action, the Planning Board adopted a resolution proposed by new member Ben Daviss, and seconded by Bob Miller, “to express the understanding of the Board that Walpole’s zoning ordinance means that no single retail or commercial building may encompass more than 40,000 square feet.”  Although there was extended discussion of the motion, the vote in favor of it was 5-0.

            The two significant actions followed months of discussion of Berkshire’s proposed development, public and behind the scenes wrangling over the meaning of the zoning language, and waits for the New Hampshire Department of Transportation to make its recommendations and decisions on possible reconfiguration of Route 12 entrances to the commercial area.

            Charles R. Willeke, P.E., Assistant District Engineer with the DOT, appeared Wednesday evening and explained the Department’s preliminary thinking on needs for either enlarged entrances on Route 12 or up to three sets of traffic lights.  He even raised the possibility of inserting islands in the middle of the highway to prevent left-hand turns for safety reasons.  But, all of it was preliminary, he said, and the state had not yet reached any final conclusions.

            At that point, Mr. Hanna, noting that “technical legal” issues had been raised by Shaw’s Supermarkets about the proposed internal connection road between the current strip mall and the proposed new buildings, asked for the postponement.  Planning Board Chairman Jeff Miller, though, had heard enough about the project and was determined to make a decision.  Board member Davie Decoste agreed with him saying, “I’m concerned with how things have not come together at all.  I’m concerned about that.  We should have Berkshire come back with a legitimate change.”

            Sheldon Sawyer saw it differently.  Noting his opinion that “Berkshire has been trying hard to meet the town’s wants” and that the traffic design wasn’t even in, Sawyer moved approval of the Berkshire 30 day postponement.  Henry Fletcher seconded the motion.  After further discussion, the motion failed by a vote of 4 to 2. 

            Chairman Miller then launched a discussion of the long-simmering question of the meaning of Walpole 40,000 square foot limit on new commercial construction.  But before he could complete a sentence, attorney Hanna approached the Board table, ignored the Chair’s attempts to stop him, and said, “If I may…” and handed a signed letter to the Chair.  The letter briefly said that Berkshire Development and Walpole LLC, owners of the property, were hereby withdrawing their site plan application.

            The withdrawal was duly noted, and Miller returned to the question of the meaning of the zoning ordinance’s language.

            Saying the “this thing has been bothering me…I would like for the Board to answer the question tonight.  I think it’s time.  Even if we just express our understanding, we will have a clear rule, and the town can change it if they wish at the next town meeting in March 2007.”

            Ben Daviss made the motion and pointed out that, while the Board is not legally authorized to make binding interpretations of the ordinance, it can, he said, express its sense of its meaning.  Alternate Board member Pam Aslinger noted that her reading of the town’s Master Plan clearly indicated that it favored the interpretation that any new commercial building could not exceed 40,000 square feet.  Sheldon Sawyer objected that the language of the 2000 warrant article passed by the town’s voters suggested otherwise.  When Daviss’s motion came to a vote, it was 5-0 to favor the 40,000 square foot limit on buildings—not businesses in them.

                                                --30--

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

JUNE 01, 2006

Selectmen Present:            Whitney Aldrich, Charles Miller, Sheldon Sawyer

Mr. Aldrich called the meeting to order at 7:30 P.M. with seven people present in the audience.

PUBLIC BUSINESS:

STEFFAN WRIGHT – FENCE ISSUE:  Jim Whitcomb was asked to come to this meeting because of a complaint from his neighbor, Steffan Wright, about a fence.  Mr. Whitcomb had asked Steffan Wright to move his fence as it is on their property.  Mr. Sawyer read portions of the State statutes regarding private fences.  This is a civil dispute so it is up to the individuals to solve the matter.  Mr. Whitcomb is waiting for the surveyor, who recently did a survey for him, to come back to re-check the boundaries and provide him with a certified letter before he pursues the issue. 

PLEASANT STREET:  Jack Neary spoke about the sidewalk on Pleasant Street.  It has fallen into disrepair but is still used by many people who walk and children who play there.  There has been a problem with people parking on the sidewalk but when the Police Department is contacted they do investigate.  He heard rumors that the sidewalk will be thrown up and abandoned but he would like to see it remain and be repaired.  The Board of Selectmen will discuss it with Jim Terrell.

PLANNING BOARD:  Mr. Sawyer advised Jeff Miller, Chairman of the Planning Board, that the Board of Selectmen hired Silas Little, II to represent the Town in their lawsuit.  Attorney Little will be here on June 8^th at 6:30 pm to discuss the matter in an Executive Session.  The Planning Board members and Alternates are invited to attend. 

Mr. Sawyer moved that the Board of Selectmen officially contact Silas Little, II of Peterborough to represent the Town in the lawsuit that was brought against the Town.  Seconded by Mr. Miller.  Mr. Miller abstained from the vote.  Mr. Sawyer and Mr. Aldrich voted in favor.  The motion carried by a 2-to-1 vote.

Mr. Sawyer will check with Attorney Little on the status of Fred Dill, an Alternate, who recused himself from the Planning Board on the Berkshire Development/Walpole Properties LLC application but was named in the lawsuit.

WARRANTS:

WILLIAM WEBB –TIMBER TAX- MAP 009-044-000:  Mr. Sawyer moved to approve the Warrant for the Collection of Walpole Timber Tax Fees in the amount of $455.00 for William Webb.  Seconded by Mr. Miller.  All in favor, so voted.

ACCOUNTS PAYABLE:  Mr. Miller moved to approve the Accounts Payable check register and manifest in the amount of $4,710.61.  Seconded by Mr. Sawyer.  All in favor, so voted.

PAYROLL:  Mr. Sawyer moved to approve the payroll voucher for the week ending May 27, 2006, for gross wages in the amount of $16,007.96 or net wages in the amount of $9,270.70.  Seconded by Mr. Miller.  All in favor, so voted.

Mr. Miller moved to approve the electronic fund transfer for the Withholding, MEDI and FICA taxes in the amount of $3,855.16.  Seconded by Mr. Sawyer.  All in favor, so voted.

Mr. Miller moved to approve the recommendation of the Town Clerk to increase the hourly wage by $1.00 for Wendy Walsh as she is now certified and trained as the Deputy Town Clerk and Tax Collector.  This will be effective June 4, 2006.  Seconded by Mr. Sawyer.  All in favor, so voted. 

MINUTES –SELECTMEN’S MEETING- MAY 25, 2006:  Mr. Miller moved to approve the Minutes of the public Board of Selectmen’s meeting of May 25, 2006, as printed.  Seconded by Mr. Sawyer.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the Minutes of the following meetings:  1) Planning Board meeting of May 23, 2006; and 2) North Walpole Village Board of Commissioners meeting of May 30, 2006.  It was noted that Jim Terrell will attend the next meeting. 

REFUNDS:

WILLIAM BALDASARO –MAP 030-029-001– ABATEMENT REQUEST FOR 2005:  Mr. Miller moved to approve the Abatement Request for 2005 for a Property Tax Refund in the amount of $121.00 plus any interest and costs for William Baldasaro.  Seconded by Mr. Sawyer.  All in favor, so voted. 

ANDREA FISHER –MAP 026-024-000- ABATEMENT REQUEST FOR 2005:  Mr. Miller moved to approve the Abatement Request for 2005 for a North Walpole Property Tax Refund in the amount of $54.82 plus any interest and costs for Andrea Fisher.  Seconded by Mr. Sawyer.  All in favor, so voted.

SUSAN KING –MAP 015-014-000- ABATEMENT REQUEST FOR 2005:  Mr. Sawyer moved to approve the Abatement Request for 2005 for a Property Tax Refund in the amount of $62.86 plus any interest and costs for Susan King.  The barn was lost in the flood.  Seconded by Mr. Miller.  Mr. Miller was opposed to the vote.  Mr. Sawyer and Mr. Aldrich were in favor.  The motion carried by a 2-to-1 vote.

BUILDING PERMIT:

MARK VAN NOTE –MAP 004-005-002:  Mr. Sawyer moved to approve Building Permit No. 2006-025 for Mark Van Note to construct a three bedroom, two story house on Halls Crossing Road.  Seconded by Mr. Miller.  All in favor, so voted.

OLD BUSINESS:

USE OF TOWN HALL – RENTAL FEES:  There was a consensus of the Board of Selectmen to put this agenda item on hold pending receipt of research being done by Elaine Moore regarding rental fees of similar surrounding places.

TOWN MEETING STUDY COMMITTEE:  The Board of Selectmen announced that Cindy Westover has agreed to Chair the Town Meeting Study Committee and that Chuck Bingaman and Dale Hubbard will work on the Committee.  If anyone would like to serve, please contact Cindy Westover.

RECYCLE REVIEW COMMITTEE:  The Board of Selectmen will begin contacting several residents to see if they are willing to serve on a Recycle Review Committee.

SAND HILL ROAD:  Mr. Aldrich talked to Jim Terrell about Sand Hill Road.  It is not on his list for this year but he will look at the road.  Mr. Terrell is concerned about the cost of asphalt and feels he might have to cut back on paving this year.

NEW BUSINESS:

LETTER FROM TUCKER BURR REGARDING HIGHWAY DEPARTMENT:  The Board of Selectmen acknowledged receipt of a letter from Tucker Burr thanking the Highway Department for the prompt removal of trash on the Old Drewsville Road. 

PURCHASE ORDER:  The Chairman, Whitney Aldrich, signed a purchase order for a 2007 International truck to be purchased from the S.G. Reed Truck Services, Inc. in the amount of $74,022.00 less a trade-in of $16,550.00 for a total of $57,472.00.

WESTMORELAND:  The Board of Selectmen received a phone call from the Town of Westmoreland advising that the bridge on a Class VI road by the George Graves property is gone.  Westmoreland will close their side of the road.  Mr. Sawyer suggested that Walpole put up some barriers on the Walpole section of the road to close it off.  Mr. Sawyer will talk to one of the Town of Westmoreland Board of Selectmen tomorrow. 

Mr. Sawyer moved to close Wentworth Road to all thru-traffic at the end of the Walpole / Westmoreland road due to a safety issue because of the washed-out bridge.  Seconded by Mr. Miller.  All in favor, so voted.   

The Board of Selectmen recessed their regular meeting at 9:16 P.M.

TRUSTEES OF THE HOOPER FUND:

PAINTING:  Mr. Sawyer moved to hire Brattleboro Painting and Carpentry Service, who is doing the painting at the Hooper Institute, to do the painting of the Hooper Mansion as per their bid.  Seconded by Mr. Miller.  All in favor, so voted.

The Board of Selectmen resumed their regular meeting at 9:22 P.M.

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Miller.  All in favor, so voted.  The time was 9:25 P.M.

Respectfully submitted,

Regina Borden, Recording Secretary

 Laura Waterman will read from her memoir, Losing the Garden, at Heartstone Books in Putney, VT on Tuesday, June 13th at 7 pm.  A reception and book signing will follow.

***

In 1971 Laura and Guy Waterman decided to give up all the conveniences of life and homestead—living on the land, for the land—in a cabin in the mountains of Vermont.  For nearly three decades they created a deliberate life, eating food they grew themselves, using no running water or electricity

The end of their marriage came on February 6, 2000, when Guy climbed to the summit of Mount Lafayette in New Hampshire’s White Mountains and sat down among the rocks to die.  Losing the Garden is the memoir of a woman who had to ask herself “How could I support my husband’s plan to commit suicide?” 

Laura’s father was the pre-eminent scholar of Emily Dickinson, Thomas H. Johnson, whose brilliance was muddied by alcoholism.  Guy Waterman lost two of his sons under mysterious circumstances.  Losing the Garden is an intimate examination of intricate and dark family histories and a marriage that tried to transcend them. In these pages, Laura Waterman comes to terms with her husband’s depression and his complex nature.  Her account of her own marriage, seen as idyllic but riddled from within, is nonetheless a love story, a portrait of an intense and unusual union, and an affirmation of life after loss. 

***

LAURA WATERMAN co-authored many books with her husband, Guy Waterman, including Backwoods Ethics and Forest and Crag. She has published her work in many literary magazines and journals, including Appalachia and Vermont Magazine.

***

“Laura and Guy Waterman set the wilderness ethics’ bar high, not just for themselves, but for the rest of us who spend time in wild places. Learning that Guy was besieged by his own demons does not diminish the power of their message to live lightly on the land, but rather it gives it depth and humanity.”

—Mary Margaret Sloan, President, American Hiking Society

 
Stephanie Montgomery’s interview with Waterman will air three times on WOOL 100.1 FM, the week of June 19th.  Check the Program Guide for the Memoir Café Radio Show at WOOL FM for details.  The interview will also be available online at  Memoir Cafe.

Waterman is the sixth author in the Women and Memoir Series hosted jointly by Heartstone Books and Memoir Café.  Memoir Café is an online workshop and journal for women exploring their life experiences through memoir. 
  
On July 25th, Lori Arviso Alvord will read from her book, The Scalpel and the Silver Bear.  Alvord was the first Navajo woman surgeon.  Her book chronicles her upbringing and her effort to incorporate the ancient, holistic wisdom of Navajo healing to the practice of surgery.
 
Every fourth month Richardson and Montgomery host an “Unsung Authors Night” when they invite unpublished women memoir writers to read their work.  The next of these special events is scheduled for August 14th and November 14th. 
 
Those interested in participating should contact Stephanie Montgomery at 603 756 2522 or by email at stephanie@memoircafe.com.  For further information about the series, contact Caryl Richardson at Heartstone Books at 802 387 2100.

Town of Walpole

Walpole, NH  03608

WALPOLE PLANNING BOARD MEETING

June 13, 2006  7:30PM

WALPOLE PRIMARY SCHOOL COMMUNITY ROOM

(this is a one time meeting location change)

AGENDA

I.          Open Meeting

A.  Roll Call/Designate Alternates:  Jeff Miller Ch., Bob Miller, VCh., Eric Merklein, Dave DeCoste, Henry Fletcher, Sheldon Sawyer, Ben Daviss. 

Alternates: Ray Boas, Fred Dill, Pamela Aslinger, Dave Edkins

B.  Approve Minutes of 5/9/06, 5/23/06

II.            Review Applications Submitted:  Accept/Reject/Delay

A.  JOHN A. HUBBARD and CAROL A. HUBBARD - Lot Line Adjustment  located  on 17 Old Drewsville Rd. in the Rural Agricultural Zone, Map 10, Lot 7.  The purpose is to add .48 acres to Lot 1 (with existing house), remove .48 acres from Lot 2, resulting in Lot 1 of 3.24 acres, Lot 2 of 8.83 acres.  The change allows for proper setbacks from the pool on Lot 1.

III.       Close Meeting/Open Public Hearing

            A.  John and Carol Hubbard

IV.       Close Public Hearing/Re-open Meeting

V.        Action on Applications Submitted:  Approve/Disapprove/Delay

            A.  John and Carol Hubbard

VI.       New Business:  Preliminary Conceptual Consultations

A.  Jim Mort - 3 Lot subdivision, Brewery Rd.  Mr. DiBernardo representing

B.  Cellco Partnership  dba Verizon Wireless - Co-location of antennae on existing Tower located at 32 Mtn. View Rd. owned by Frank Brown Jr. and Mark Brown, Map 29 Lot 11.  Kermit Zerr, agent will be presenting.

C.  Other

VII.            Unfinished Business:  Pending Application - Cont’d Review/Action

A.  Walpole Properties/Berkshire Development Site Plan Review Proposal on

Rte. 12.  Note:  the Public Hearing has been closed on this phase of the proposal.

VIII.  Other

            A.  Review agenda items for July 11, 2006 meeting

            B.  Capital Improvements Plan, schedule hearing

            C.  Other

V.            Close/Adjourn Meeting

Cc:  All PB members, ZBA Ch., CC Ch., Select’s Office, Town Clerk

Posted on or before 6/11/06 in Town Hall Lobby, Town Hall, Burdick’s Market

Annual Walpole Historical Society Scholarship Winners Selected!

WALPOLE, NH:  The Walpole HHistorical Society sponsors an annual scholarship to aid a graduating high school senior (who is a Walpole senior) in pursuing further studies in History and/or Documentary Filmmaking.  This year, the board decided to divide the $500 scholarship to two most deserving students, Ian Burr and Cassandra Kreek.  Both are graduating seniors from Fall Mountain Regional High School. 

Cassandra explained why she wanted to study history in her essay, which included the following:

‘Youth should be the time for traveling backwards; in a sense, the time for returning. Our reality is seen through the filter of past experience on a personal and cultural level. To truly escape the limitations of our past and so clarify our vision of the present, we must return to our history…For me, it seems a shame to live life trapped in this glass city of past perceptions.  Ironically, the only way to escape seems to be learning the ins and outs of this city; when we see it…we realize the limitations it imposes on us, and can choose, if we wish, to be free.’

Ian closed his essay with the following:

‘Today documentaries have been made on everything. Yet, the documentaries that matter are the ones that tell a lesson about human nature, whether it be “Enron” or “Bus 174” (bus hijacking in Rio de Janeiro).  I’m not saying that by making documentaries, the world will be perfect. There will always be war, destruction, death, hate, and rage. However, by giving a visual to the people, topics that otherwise would go unnoticed can be addressed by the public.’

In the fall, Cassandra will attend St John’s College and Ian will study at The Art Institute of California-Los Angeles where we wish both of them continued success!

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

MAY 25, 2006

Selectmen Present:        Whitney Aldrich, Charles Miller, Sheldon Sawyer

Mr. Aldrich called the meeting to order at 7:30 P.M. with six people present in the audience.

PUBLIC BUSINESS:

RON MAKINEN – SAND HILL ROAD:  Ron Makinen advised that the neighborhood has been talking about when a top coat of paving will be put on Sand Hill Road.  Now that all of the houses are in and the construction is completed, will it be on the schedule for this year.  Mr. Aldrich will contact Jim Terrell to see what his paving schedule is prior to the next meeting.  Matt Bozogan lives on the road off Sand Hill Road and advised that the integrity of the road is deteriorating fast.

HURB HURLBURT:  Mr. Hurlburt received a set of plans on the new addition from Robert Jasse after meeting with him.  The Fire Marshall will not be available to do an inspection for about two weeks, therefore, Mr. Hurlburt will grant a 90 day Place of Assembly Permit and Liquor License to Robert Jasse.  In that period of time, Hurb Hurlburt expects that the violations will be taken care of.  When the Fire Marshall is available, Hurb Hurlburt and Robert Jasse will join him during the inspection.  The Board of Selectmen will have Hurb Hurlburt’s letter of confirmation in a few days.

REGINALD AND BETTY MACK:  Reginald and Betty Mack discussed a property line issue.  They recently had a property survey done and would like to erect a fence on the property line.  The Board of Selectmen advised that a fence can be erected without needing a permit.   The Board of Selectmen will check to make sure that the abutter’s replacement mobile home will meet the required set-backs from the boundary line.

HOOPER MANSION:  Richard High inquired if a decision had been made on a painting contractor for the Hooper Mansion.  The Board of Selectmen advised that, at the last meeting as the Trustees of the Hooper Trust Fund, they accepted a quote from Brattleboro Painting and Carpentry Service to paint the Hooper Institute.  They agreed to wait one more week before making a decision on the Hooper Mansion.

ACCOUNTS PAYABLE:  Mr. Sawyer moved to approve the Accounts Payable check register and manifest in the amount of $339,392.08.  Seconded by Mr. Miller.  All in favor, so voted.

It was noted that this amount includes a monthly payment in the amount of $328,427.85 to the Fall Mountain Region School District.

PAYROLL:  Mr. Miller moved to approve the payroll voucher for the week ending May 20, 2006, for gross wages in the amount of $14,184.31 or net wages in the amount of $7,371.62.  Seconded by Mr. Sawyer.  All in favor, so voted.

Mr. Miller moved to approve the electronic fund transfer for the Withholding, MEDI and FICA taxes in the amount of $3,520.87.  Seconded by Mr. Sawyer.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- MAY 18, 2006:  Mr. Miller moved to approve the Minutes of the public Board of Selectmen’s meeting of May 18, 2006, with the following changes:  Page 1 –Payroll, paragraph 3- change “Office Manage” to “Office Manager”; Page 2 –Department/Committee Meetings – line 3 change “May 25” to “April 25”; and on Page 3 –

Hooper Institute- motion should read “Mr. Sawyer, a Trustee of the Hooper Trust Fund, moved” rather than “Mr. Sawyer moved”.  Mr. Aldrich referenced Page 3 under Highway Department - when he discussed the two holidays with Jim Terrell, it was agreed that Jim Terrell could schedule taking the holidays off as it worked out best for the Highway Department.  Seconded by Mr. Sawyer.  All in favor, the motion and amendment were approved.

MINUTES –EXECUTIVE SESSION-SELECTMEN’S MEETING-MAY 18, 2006:  Mr. Miller moved to approve the Minutes of the Executive Session of May 18, 2006.  The Minutes will remain sealed as they contain information on possible Litigation.  Seconded by Mr.  Sawyer.  All in favor, so voted.                   

TOWN OF WALPOLE, WALPOLE TOWN CLERK AND PLANNING BOARD:  The Board of Selectmen acknowledged that an Order of Notice for an Injunction and Declaratory Judgment was served on the Town of Walpole, Walpole Town Clerk and Planning Board by the unincorporated association composed of residents of Walpole, New Hampshire under the name of Walpole Tomorrow.  The Board of Selectmen will discuss this with the Planning Board.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the Minutes of the following meetings:  1) Hooper Institute Committee meeting of May 16, 2006; and 2) North Walpole Village Board of Commissioners meetings of May 16, 2006, and May 23, 2006.

REFUNDS:

DALE AND BONITA WOODWARD –MAP 019-053-001- 2005 PROPERTY TAX ABATEMENT REQUEST:  Mr. Miller moved to approve the 2005 Property Tax Abatement in the amount of $92.72 for Dale and Bonita Woodward on their Flat Street home. Seconded by Mr. Sawyer.  All in favor, so voted.

THOMAS AND KATHLEEN PURLMUTTER –MAP 003-012-009- 2005 PROPERTY TAX ABATEMENT REQUEST:   Mr. Miller moved to approve the 2005 Property Tax Abatement in the amount of $162.23 for Thomas and Kathleen Purlmutter.  This is the result of reducing the quality of their home from A3 to A2.  Seconded by Mr. Sawyer.  All in favor, so voted.

RENEE PECOR-CLARK AND BRIAN CLARK –MAP 010-013-000 – 2005 PROPERTY TAX ABATEMENT REQUEST:  Mr. Miller moved to approve the 2005 Property Tax Abatement in the amount of $49.57 for Renee Pecor-Clark and Brian Clark.  The bedroom count was reduced from 5-to-4.  Seconded by Mr. Sawyer.  All in favor, so voted.

WARRANTS:

WALPOLE PROPERTY TAX WARRANT – 1ST ISSUE 2006:  Mr. Miller moved to approve the Walpole Property Tax Warrant for the 1st Issue 2006 in the amount of $2,593,411.00.  Seconded by Mr. Sawyer.  All in favor, so voted.

NORTH WALPOLE PROPERTY TAX WARRANT – 1ST ISSUE 2006:  Mr. Miller moved to approve the North Walpole Property Tax Warrant for the 1st issue 2006 in the amount of $486,564.00.  Seconded by Mr. Sawyer.  All in favor, so voted.

BUILDING PERMIT:

ROBERT JASSE – MAP 004-044-000:  Mr. Sawyer moved to grant Building Permit No. 2006-024 for Robert Jasse for a 90 day period in accordance with Hurb Hurlburt’s recommendation.  This will then become permanent if there is compliance with all issues and it is also contingent upon receipt of the Fire Marshall’s letter.  Seconded by Mr. Miller.  All in favor, so voted.

Mr. Miller moved to send Mr. Jasse a bill for the $500 for building the addition without a Building Permit.  Seconded by Mr. Aldrich.  Mr. Sawyer abstained.  Mr. Miller and Mr. Aldrich voted in favor; the motion passed by a 2-to-1 vote. 

OLD BUSINESS:

CEMETERY DEED – LOTS D411-412:  Mr. Miller moved to approve the Cemetery Deed for Lots D411 and D412 for David and Christina Peck.  Seconded by Mr. Sawyer.  All in favor, so voted.

CEMETERY DEED – LOTS D351-352:  Mr. Miller moved to approve the Cemetery Deed for Lots D351 and D352 for Eldred and Pearl Peck.  Seconded by Mr. Sawyer.  All in favor, so voted.

CURBING IN NORTH WALPOLE:  Mr. Sawyer talked with Jim Terrell about the curbing in North Walpole.  They agreed to wait until the next budget process to make a decision because of the expense involved.

TWO COMMITTEES:  The Board of Selectmen has to finalize the committees to work on the Study of the Solid Waste Department and for Better Participation at Town Meetings.

THE TRUST FOR PUBLIC LAND:   Mr. Aldrich provided an up-date on the Conservation Commission meeting last night with The Trust for Public Land.  The sole purpose of the meeting was to discuss the Cabot Family Trust property.  This property abuts the Town’s Wellhead Protection area.  The Trust for Public Land will move forward with their proposal.

NEW BUSINESS:

USE OF TOWN HALL:  Mr. Sawyer feels that the Board of Selectmen should take a look at the rate structure for use of the Town Hall.

RICK COOPER REQUEST:  Mr. Sawyer moved to approve the request of Rick Cooper to take Saturday, May 27th off to replace the Memorial Day Holiday.  Seconded by Mr. Miller.  All in favor, so voted.

LETTERS TO BE SIGNED:

BRATTLEBORO PAINTING & CARPENTRY SERVICE – REF: PAINTING HOOPER INSTITUTE:  Mr. Miller, a Trustee of the Hooper Trust Fund, moved to approve and sign the letter to Brattleboro Painting & Carpentry Service regarding painting of the Hooper Institute.  Seconded by Mr. Sawyer.  All in favor, so voted.

Mr. Miller will ask Elaine Moore to send letters to the other people that submitted bids for painting the Hooper Institute to advise them of the above decision.

TARA STUART – REF: ABATEMENT REQUEST:  Mr. Sawyer moved to approve and sign the

letter to Tara Stuart regarding her Abatement request for the year 2005.  Seconded by Mr. Miller.  All in favor, so voted.

JEANETTE CLARK – REF: ABATEMENT REQUEST:  Mr. Sawyer moved to approve and sign the letter to Jeanette Clark regarding her Abatement request.  Seconded by Mr. Miller.  All in favor, so voted.

Mr. Miller moved to adjourn this meeting.  Seconded by Mr. Sawyer.  All in favor, so voted.  The time was 9:35 P.M.

Respectfully submitted,

Regina Borden, Recording Secretary