ZONING BOARD OF ADJUSTMENT

Walpole, New Hampshire 03608

Minutes-----18 April 2007

PRESENT:              M. Mansouri, Ch., L. Carignan, L. Weber, J. Galloway-Leclerc,

B. Webb (alt).   Dave Calhoun, Mary Therese Lester (alternates not yet sworn in)

ABSENT:            Larry Britton

Recording:              Pamela Aslinger, Acting Secretary for Ms. Weber

Note:  These minutes are unapproved and will be reviewed on 16 May 2007 for errors,

omissions and corrections.  (There was one person in attendance, Selectman Sawyer)

The meeting was called to order at 7:30pm.  Mr. Webb, alt. designated for Mr. Britton.

PUBLIC HEARING - No hearing was scheduled.

NEW BUSINESS

Ch. Mansouri asked to determine the terms for the two new alternates Dave Calhoun and Mary Therese Lester.  The terms are to be staggered every three years.  She said Mr. Webb’s term is up in 2008.  She gave Mr. Calhoun the option of 2009 or 2010.  Mr. Calhoun chose 2009, leaving Ms. Lester 2010, who was notified upon her arrival.  Sec. Aslinger said the swearing in forms would be mailed to them from the Selectmen’s office.  They would need to be sworn in by Sandy Smith, Town Clerk before the next meeting.

Election of Officers: 

Ch. Mansouri opened the nominations for Chairman.  Ms. LeClerc nominated Ms. Mansouri for Chairman.  Ms. Weber moved the nominations be closed and the clerk cast one ballot.  Mr. Webb seconded the motion.  All were in favor.  Ms. Mansouri accepted and thanked the board for the vote of confidence.

Ch. Mansouri opened the nominations for Vice-Chairman.  Ms. Weber inquired of Ms. LeClerc if she would like to be the Vice-Chairman?  Ms. LeClerc said yes, having been the clerk for the past year.  Ms. Weber nominated Ms. LeClerc for Vice-Chairman.  Mr. Carignon seconded the motion.  Mr. Webb moved the nominations be closed and the clerk cast one ballot.  Ms. Weber seconded the motion.  All were in favor.  Ms. LeClerc accepted.

Ch. Mansouri opened the nominations for Clerk.  Ms. Weber nominated Mr. Carignon.  Ms. Mansouri seconded.  Mr. Webb moved nominations cease and the clerk cast one ballot.  Ms. Mansouri seconded.  All were in favor.  Mr. Carignon thanked the members.  Mr. Webb noted the clerk’s duties are somewhat reduced due to having a recording Secretary.

Letters:

Ch. Mansouri said Mr. Barkley Bull had corresponded with the Board of Selectmen regarding the bandstand and memorial placement on the Common and had copied the ZBA and PB.  She said because of the decision the Planning Board made at their 4/10/07 meeting the letters have become a moot.  She asked however, to have the record show Board receipt of the letters and to keep them within the file of the current minutes.  She said copies can be made after the meeting.  (copy attached) 

Sec. Aslinger submitted a letter to the ZBA from the Board of Selectmen stating their reasons for disallowing full land use board review of the two projects.  The Selectmen did not view the projects as substantial changes or new uses.  She said the Planning Board based their decision on the letter’s content ie; not to hold further review.  Ms. Mansouri read the letter aloud.  Members requested copies of the letter. (attached)

Sec. Aslinger submitted a memo indicating the appointed duties of the Board of Selectmen for 2008.  Ch. Mansouri read them aloud, members requested copies. (attached)

Walpole Zoning Board Minutes 4/18/07 page 2

Handouts:  Sec. Aslinger left copies of the Zoning Ordinance and Site Plan Review amendments for each of the members at their places prior to the meeting, noting if anyone needs a complete copy of either, they are available.  2007 Contact list will be revised with the new Zoning Board information and made available later in the week.

Ch. Mansouri announced the Annual Spring Planning and Zoning Conference in Manchester on April 28, 2007.  The registration fee is paid by the Town for interested members the registration deadline is 4/20/07.  She also mentioned a “Regulation and Taxation of Earth Excavations Mini Course” to be held on May 23rd. from 9am to noon, $10.00 per person at the Franklin City Hall in Franklin, NH.  She said Elaine Moore gave her the information and asked if any Zoning members would like to attend?  She noted the Dept. of Revenue Administration sponsor might be willing to hold the course in a closer location if enough members were interested.  Members thought a closer location would be helpful, noting Franklin would be a two-hour drive both ways.  Ms. Moore would like to attend the Franklin course.  Ch. Mansouri said she would suggest Ms. Moore ask the DRA to schedule the course closer to this area and contact surrounding communities for participation if necessary.  Members agreed the mini course would be beneficial.

OLD BUSINESS:

Robert Watson:  Ch. Mansouri read the letter received from Mr. Duncan Watson regarding the placement of his father’s ice cream sign for the Drewsville Store on his property, Map 25 Lot 12 in the Rural Ag. zone.  The letter gives permission to erect the sign and was accompanied by a tax map showing the approximate location of the sign stating the sign conforms to the ordinance, letter was read aloud.  Ms. Weber asked for details on the location since she was not present at the prior meeting.  Ms. Weber asked if there is a diagram of the actual sign.  She asked if the Board should contact Mr. Watson to request the dimensions and a diagram and exact placement of the sign?  Mr. Carignan said the Board did request the information at the prior meeting but it has not yet been received.  Ms. Weber stated the Board needs to know the dimensions, shape and lettering and the exact location of the sign so it can be determined if it does conform to the regulations.  She offered to write the letter requesting the information.  Mr. Sawyer asked if it is conforming why would he need to provide the information?  Members agreed without seeing the information they could not determine conformance.  Ms. Weber said proper setbacks and a diagram is usually required.  Mr. Calhoun said the placement is a concern; it might be within utility or town right of ways, he thought the discussed location may conflict with a utility pole.

Ch. Mansouri assigned Ms. Weber to write a letter to Mr. Robert Watson asking him to come to the next meeting and give the Board more information about the sign.  Ms. Weber will draft the letter for Ms. Manouri’s signature.  Members agreed.

Alyson’s Orchard Signage:

Ch. Mansouri said Mr. Sawyer had asked the Board to determine which existing signage Mr. Jasse has brought before the Board.  Sec. Aslinger went back through the Board’s records from 1980 to present and made a report.  Ch. Mansoui read the report into the record. (on file)  The report outlined Board activity finding only one granted request for a variance for a sign dated April 1992.  The report did not include any research through zoning or planning minutes for Alyson’s conforming signs.  Ms. Weber said it occurred to her that no records are kept on conforming signs other than what is shown in the minutes, perhaps the Board should consider asking persons to fill out a form that can be kept on file rather than gleaning the information from re-reading the minutes.  Ms. Aslinger agreed thinking she could simply go to the files and find a “sign” file with conforming sign information in it, since she could not she then went through the regular files.  She said she was not sure how much time the Board wanted her to devote to the search so didn’t go further.  Ms. Weber offered to re-read through the minutes to find the information.  Mr. Carignan and Mr. Calhoun noted Mr. Jasse recently removed some of the signs

with only the northern sign remaining and the metal tree and it’s base.  Ms. Aslinger said the

Walpole Zoning Board Minutes April 18, 2007 page 3

northern sign received the variance, she could not locate within the non-conforming records any mention of the metal tree/base.  Members did not remember speaking to Mr. Jasse on the metal tree/base but preferred to look back at the minutes for clarification.  Ch. Mansouri asked Mr. Sawyer if he was satisfied with the report or wanted the Board to continue its study.  Mr. Sawyer said the proliferation of signs caused him to question conformance to the sign ordinance especially since it involved those who have complained in the past about other person’s signs.  He said he couldn’t care less how many signs a person has on their private property but if the Town has an ordinance it should be applied to everyone equally.  He suggested the Board write a letter to Mr. Jasse asking him if his signs are legal.  Ms. Weber said she preferred to check the minutes and report back to the Board, she remembers seeing some sign references when she reviewed prior minutes for a right to know inquiry on another matter, she said she didn’t mind re-reading through the minutes.  Mr. Sawyer accepted the Boards action. 

Final Correspondence:

Ch. Mansouri read the letter into the record from Ralph and Randy Murray for their approved Change in Non-Conforming Use, 538 Main St. from the Board. (on file) 

Ch. Mansouri reviewed the form sent to the State on behalf of Mr. Abed for his on line car business “Luxury Export and Wholesale”.  Ms. Weber commented on the Board having to make two determinations on granting permission because the State disallowed their first decision.  The Board had granted permission for his business without allowing him to have at least one car on premises for sale at his place of business, a State requirement.  His business is located in the MG building on South St.  The Board revised the permission granted to include the one car allowance in addition requested and received permission from his landlord and approved his state signage requirements.  Ch. Mansouri read the form noting it has been properly sent in. (on file)

Ch. Mansouri reviewed the BOS/State approval for construction granted to Mervyn Frink to build on a Class VI Merriam Rd. (on file)

Gravel pits - Update:

Ch. Mansouri reported she and Mr. Webb were near completion on the gravel pit information.  She said there are three categories of information they are reviewing ie;

Permitted Operations - 1, Grandfathered Operations - several, Abandoned Excavation - none.  She said all that’s left is to compare the tax maps and lot numbers.  Mr. Webb said they completed their review of the pits but want to match the town tax map and lot numbers to make certain they agree.  He said the result of their research would be whether the pits that have been very active have exceeded their grand-fathered (1991) estimations.  He said 16 years have passed, when the applications were filed they showed an estimate of how much gravel would be excavated.  If they have exceeded those amounts they are no longer grand-fathered.  Ch. Mansouri said they would discuss the final information once compiled at a future meeting.

Other Old Business:

Ch. Mansouri asked Mr. Sawyer if the Selectmen had generated a letter to the Horne’s on Drewsville Center Rd. regarding a tool shed.  Mr. Sawyer said the letter had not been sent but he would see that it was.  Ch. Mansouri mentioned the letter should ask them to appear before the Zoning Board.

Minutes Approval 3/21/07:  Mr. Webb motioned to approve the minutes as presented.  Mr. Carignan seconded.  All were in favor.

OTHER:  Sec. Aslinger gave Ch. Mansouri the Selectmen’s minutes from 4/12/07.

Ms. Weber offered to show the new members the downstairs office while Sec. Aslinger made copies of requested information.

MEETING ADJOURNED - 8:15pm

cc:  ZBA, PB, BOS, Town Office                                          posted: Town Hall, Lobby, Burdick’s Market

PLANNING BOARD MEETING

April 10, 2007 - 7:30pm Town Hall

MINUTES

Presiding:  Jeff Miller, Ch.

Members Present:  Chas. Miller, Selectman, Henry Fletcher, Eric Merklein, Robert Miller, V-Ch., David DeCoste, Ben Daviss, Fred Dill, alt.

Recording:  Pamela Aslinger, alt. and Secretary

These minutes are unapproved and will be reviewed at the May 8, 2007 meeting for error, omissions and corrections. (There were over 25 persons in attendance.)

I.            Meeting opened at 7:35pm

            A.  No alternates were designated. All members were present.

            B.  Minutes from March 13th and 27th were approved as presented.

C.  Membership:  Jeff Miller was nominated for Chairman for one year the vote was unanimously in favor.  Bob Miller was nominated for Vice Chairman for on year the vote was unanimously in favor.  Ch. Miller announced Mr. David Edkins has resigned his alternate position effective immediately.  Ch. Miller nominated Shane O’Keefe as alternate for 2 years the vote was unanimously in favor.  Ch. Miller nominated Jeff White as alternate for 1 year the vote was unanimously in favor.  Ch. Miller nominated Pamela Aslinger as alternate for 3 years the vote was unanimously in favor.  New members received a membership binder and were asked to be sworn in prior to the next meeting, Sec. Aslinger will notify the Town Clerk and prepare a new contact list.  V-Ch. Miller prefers the Board use a rotational designation of alternates, when required, as a general procedural policy depending on who has attended prior meetings and minus any conflicts.

II.            Review application submitted:  Alyson’s Orchard Inc./Robert Jasse - Minor 3 lot subdivision  Purpose is to re-configure Lot 1 of 13.75 acres and Lot 2 of 11.01 acres to include “conservation areas” and create new Lot 3 “not to be developed” of 13.03 acres accessed by a 50 ft. ROW across Lot 1.  Mr. Joe DiBernardo of DiBernardo Assoc. presented.  The application materials were duly received and complete.  A motion was made and seconded to accept the application as complete, motion carried. located on Wentworth Rd., Map 5 Lot 2-9 in the Rural Ag. zone.

III.       Ch. Miller closed the meeting and opened the Public Hearing.  Mr. Joe DiBernardo described the intent and pointed out the delineations on the map for the Board and public, noting Lot 3 “not to be developed” has no frontage but a 50ft. ROW across Lot 1 and the conservation areas on Lot 1 and 2 both with required frontage.  Ch. Miller liked seeing the conservation land designated.  He called for questions.  Mr. Steve Donovan abutter asked how long Lot 3 would remain undeveloped?  Answer was for as long as it does not have the required frontage.  Mr. Donovan owns the only possible frontage.  Mr. Jasse agreed, however, if he were to acquire frontage it could be developed.  Ch. Miller said if so, the plans would be brought before the Planning Board again to go through required reviews, abutters would be notified and a Public Hearing held.  Being no further questions -

IV.       Ch. Miller closed the Public Hearing and re-opened the meeting.

V.         Action on Alyson’s Orchard Inc./Robert Jasse - Being no further questions or discussion from the Board a motion to approve the subdivision as presented was made and seconded.  Motion carried unanimously.   The maps and mylar were signed.  Mr. DiBernardo agreed to record the mylar at the County Registry of Deeds.

Walpole Planning Board Minutes 4/10/07 page 2

VI. VII.Unfinished Business - Site Plan Review Amendment, Meeting Closed Public Hearing Opened - Ch. Miller stated the hearing had been tabled from the March 13, 2007 meeting due to a legal question from Attny. Tom Hanna regarding whether the Board could place this type of wording within the Site Plan Review as opposed to the Zoning Ordinance.  Sec. Aslinger reported she had contacted the NH Municipal Association’s legal department who offered their opinion - since the wording conformed to what is allowable under the site plan review regulations and because it could be waived in certain circumstances they felt the Board could go forward with the amendment as written and hold the public hearing.  They suggested the Board propose a companion zoning amendment sometime in the future.  Ms. Aslinger read aloud the wording for the public, see hearing notice.  Ch. Miller called for questions.

Mr. Shane O’Keefe asked if a water body is considered open space?  Ms. Aslinger and others thought it could be seen as allowable in the wording but noted the wording states “undeveloped”.  Because the amendment is within the Site Plan Review regs, if a situation came before the Board where a retention pond or existing pond was within a development, depending on the circumstances the Board has the discretion of waiving the restriction based on an entire projects merits.  She said the Board would need determine if a “manmade” retention pond was considered “undeveloped open space”.  Being no further comments Ch. Miller closed the Public Hearing and re-opened the Meeting.

VIII.    Board discussion/action on Site Plan Review amendment:  Ch. Miller said because the amendment is to the Site Plan Review regulations the Planning Board can approve it without the vote of the Town after holding a public hearing unlike a Zoning Ordinance amendment that requires placement on the official warrant for a town vote.  A motion to approve the amendment to the Site Plan Review under Section VIII General Standards: B. “Undeveloped Open Space Standards” in its final form was made and seconded.  Motion carried unanimously.  Sec. Aslinger will incorporate the change into the regulation and distribute amended copies.

IX.       New Business - Preliminary Review - Applications

            A.  Board of Selectmen - Bandstand Town Project - Selectman Sawyer read from a letter presebted to the Planning and Zoning Boards stating their authority to determine whether either of the two Town projects on the Walpole Common were substantial changes in use or substantial new uses.  The Selectmen made the determination that neither project would require land use board review due to their governmental use on government property and are not substantial changes in use or new uses.  According to NH RSA’s the Selectmen have been given the authority to accept these two gifted projects and the Bandstand has been voted on by the Town.  He said the RSA’s allow for the Planning Board to make comments on the placement or to make other suggestions, but they are non-binding and since the Town voted in favor of it the Selectmen are basically keeping the Board informed only.  He asked Mr. Bailey for comment.  Mr. Bailey’s attorney, Mr. Casper presented a 4 page simple drawing showing the bandstand building, noting it was slightly smaller than the 20 x 32 Town approved size.  He described it being located on the southerly side of the flagpole with 45 ft. being the centerline of the flagpole and bandstand.  Ch. Miller asked if there would be any plantings around the base of the building, answer was no, the base would be skirted with lattice or wood.  Mr. Bailey said he didn’t want to interfere with an Eagle Scout’s volunteer plantings discussed at previous Selectmen’s meetings.  Mr. Bob Miller asked about lighting and electricity.  Mr. Bailey said it would be lighted and house two ceiling fans, on locked switches.  He said the building would be the same size as the rented tents minus the poles in order to accommodate the largest usual band.  Mr. Merklein asked if the project would be reviewed under Site Plan Review?  Answer was no, Town projects on governmentally owned land are not required to meet either zoning or land use requirements.  Ch. Miller said, in the past the Selectmen have decided to go through the Site Plan Review process even though it is not required because it has been useful in some cases. Also because of  

Walpole Planning Board Minutes 4/10/07 page 3

significant changes to property such as the recycling center  impacting the abutting landowners.  He said in this case it is a substantial change but the Selectmen are determined to do what they want, so this is only a comment period given to the Planning Board to keep it informed.  Mr. Merklein requested care be taken not to have excessive lighting disturb the neighborhood.  Ch. Miller confirmed it would be interior lighting only, no security lighting.  Ch. Miller asked about the maintenance and if the Town was willing to do the upkeep?  Attny. Casper said a maintenance trust was being set up to cover the costs in accordance with Article 20 voted on by the Town. 

Selectmen Sawyer updated the Board on the new Veteran’s Memorial.  In order to put it in the best place, it will need to be more south of the existing hedge footprint.  The Christmas tree will be removed and a new tree planted at the north end of the Common hopefully kept in better shape than the current one with trimming etc.  Attny. Casper said the Women of Walpole had been contacted earlier in the day and ok’d the removal and replanting of a Christmas tree.  Mr. Sawyer said the sycamore tree given in memory of Guy Bemis is diseased and will need to be replaced, which is their intention but the best place to put it involves a large cistern so they are not sure.  Ch. Miller asked if there was a final overall design plan for the Veteran’s Memorial?  Attny. Casper said the design had been set in stone for a couple of months.  Ch. Miller said he knew the monument design was determined but was asking about the placement, asked about benches, cannons, direction?  Attny. Casper said there would be no benches and the cannons would return.  David DeCoste asked for clarification of whether the new memorial was going to be on the same footprint as the old one but being moved?  Ch. Miller said he understood the Christmas tree and the Memorial were switching places.  Mr. Sawyer said it would be the same but bigger and the direction changed and moved more southerly.  Mr. DeCoste said he understood it to be placed in the exact same footprint, the new stones put in where the old hedge was, but facing the Christmas tree and flagpole.  He said he could understand if people wanted it that way, but it would be nice to know exactly what it was going to look like.  Attny. Casper said it would be larger than the old single monument/tablet but the same size of the old hedge, not as tall as the hedge.  Mr. Miller thought it was going to be a lot larger than the hedge and old monument.  Mr. Sawyer said by turning it around it seemed larger and encroaches on the Christmas tree.  Mr. DeCoste said he was further confused, asked if it was being turned in the opposite direction?  Answer was yes, facing south.  Ms. Aslinger said part of the confusion on the Memorial is the fundraising photo was a different picture and pictures that were posted were different and the models changed twice so the public was confused as to what it will end up looking like.  Selectman Miller agreed noting the current model isn’t accurate either.  Ms. Aslinger said it would have been helpful to know exactly what it was going to look like.  Ch. Miller agreed saying he thought it appeared much larger from the photos.  Attny. Casper said the original artists rendition was out of scale making it appear much taller than it is.  He said the height is lower than the old hedge.  Ch. Miller said he thought turning it around was not as good as leaving it accessible to people walking on the sidewalk and leaving the Christmas tree where it is, it was appropriate to leave it in its natural direction.  Attny. Casper said when they removed the hedge and once the sycamore is removed they have found the cistern interferes with the placement of the new turned memorial so they decided to move the stones southerly to accommodate the cistern.  Mr. Sawyer said the cistern would not interfere with the new Christmas tree placement.  Selectmen Miller said switching the memorial and Christmas tree had taken place at noon earlier in the day.  He said the old stone monument is on a very firm cement foundation so a larger piece of equipment must be brought in to finish the removal, now they are able transfer the tree agreed upon with the Women of Walpole, the American Legion and the Selectmen.  Mr. Sawyer said previously the Women of Walpole had agreed to the removal of the tree if the placement of the memorial interfered.  Ch. Miller called for further comments, being none thanked them for coming to the Board and wished them luck on the project.

           Walpole Planning Board Minutes 4/10/07 page 4

B.  Walpole D & D - Preliminary discussion and application submission for a 13 lot subdivision and lot line adjustment on Hooper Rd. Map 8 Parcel 15.  Mr. Fred Dill presented the plans.  He stated it is a 40 plus acre parcel, the new lots conform to the zoning requirements for frontage and are larger than the acreage requirements.  He pointed out a lot line adjustment between the old farmhouse lot 1 and lot 2 to allow for wetlands.  Lots 9 and 10 are pending test pits and lots 2-12 are pending state subdivision approvals.  Ch. Miller asked if there was major impact state approval required for a large number of lots proposed in a subdivision?  Mr. Dill said yes, but thought they were under the number of lots, they would be applying for state subdivision approvals because all but two of the lots were less than 5 acres.  Mr. Bob Miller asked about access for lots 11 and 12 not having access from the Old Keene Rd.  Mr. Dill said they felt access off Hooper Rd. was more aesthetically desirable.  Access off Old Keene Rd. was not as feasible as allowing a 50 ft. ROW from Hooper Rd.  He noted both lots 11 and 12 meet frontage requirements on the Old Keene Rd.  The land is very steep on the back of the lots.  Ch. Miller said having recently walked Hooper Rd. and with the substantial development being proposed he suggests the road be upgraded to allow for the increased traffic and development.  He said the current condition of the road is a dirt road with patches of paving.  He said it was his impression in the very near future, providing the lots are sold, the road will be inadequate and unsafe especially with the increased traffic.  He asked if Mr. Dill had any plans to bring the road up to a better standard so the Town doesn’t have to pay for it?  Mr. Dill said he had no plans to improve the road but there are two ways to look at it, one being it is an aesthetically pleasing country lane and by straightening it, it would become a race course and he is not looking at putting up the money to upgrade the road.  Secondly, he said since they are going to be expensive homes, the taxes generated would provide the Town with money to upgrade the road.  Ch. Miller said it is incumbent upon the developer who is proposing a substantial change to pay for the upgrade, he said perhaps the “s” curve may add to the scenic quality but he feels the Town shouldn’t have to insure the profitability of a developer.  He said it would happen - at the expense of the Town to upgrade the road to benefit the development within the next 5 years.  He said it is the responsibility of the developer to pay for the increase and noted the Sand Hill development included a cut through road that was upgraded at the expense of the developer, brought up to a Class V standard and accepted by the Town.  He said Hooper Road is a back road with very light traffic, it will be impacted by the increased traffic from the development.  He asked Selectmen Sawyer to comment.  Selectmen Sawyer said they did not view Hooper Rd. as a heavy traffic road but a light traffic road for residential use.  Ch. Miller said the development would create a great deal more traffic than the road could handle or was designed for.  Mr. Sawyer said three years ago they did upgrade the road, it was an experimental surfacing that did not perhaps turn out as well as planned, but it is a Class V road and will need to be resurfaced at some point.  It is included in the 5-7 year overall plan for the Town.  He said he didn’t think the road was so narrow 2 cars couldn’t pass safely.  He said the BOS does not see it as an unsafe road and because of the shortness of the road and the nature of the people using it, it would not need to be upgraded.  Ch. Miller disagrees saying the road does have safety issues especially on the Old Keene Rd. end, being an “s” curve, hill and blind side. 

Mr. Gordon Hunt, abutter said the damage to the road from the logging operations going on day and night shows the road cannot handle the construction traffic required for the building of 12 houses over time.  He said there is no question the Town would have a big expense repairing the road from the construction phase plus the normal daily traffic from the houses on the little road will be enormous.  Ch. Miller asked how he would like to drive up and down Old Keene Rd. with this new amount of generated traffic.  Mr. Hunt said he would not like it at all, he drives large trucks all over the area, damage from logging trucks and heavy trucks to Town roads is substantial.  He said the road is not able to withstand that kind of abuse.

Walpole Planning Board Minutes 4/10/07 page 5

Doug Faxton stated he built Hooper Rd. back in the 1980’s. The Town had a chance to give the road to the Helff’s but they didn’t want it.  He said he worked with the road agent back then, they went to Whitcomb’s pit to get a little gravel.  He went with a loader to get the gravel, about 3” worth and he put 10 loads of hot mix on top with a bucket loader.  He said there is no road there, nowhere to drain, no ditches.  From the north end to Stu Bailey’s is all swamp.  He said the road has no shape or base, was meant for rap and is nothing but ground up asphalt from Rte. 12 or somewhere with no oil in it, better for a barnyard but not a road, he knows because he built the road. 

Selectman Miller thought the road shown on the map was in error, he will be certain to check it out this week.  Mr. Dill said the road is shown on the plans as it exists.

Mr. Merklein asked how much it would cost to have the road improved or could the Board ask to have an estimate?  Mr. Faxton offered it could cost up to $200,000.00 with the increased costs materials, oil and gas.  Mr. Bob Miller noted school buses would add extra daily traffic.  Mr. Faxton said it had only been cold patched over the years, every time they plow it they loose another 20 feet and there is no daylight that gets to it.  He said there is absolutely no shape to the road; he knows he’s a road builder.  He’s built the Keene airport and a number of roads.  Mr. Merklein said knowing it could cost as much as $200,000.00 does the Planning Board require the developer to provide the funds?  Ch. Miller said it can be considered during the subdivision review process as an expense to the Town and it is not the responsibility of the Town to upgrade the road for the developer.  He said there are bond requirements, road standards etc. in the subdivision regulations. 

Mr. Hunt asked the Board to consider an engineering study to be conducted during the review process to determine the cost.  He thinks the developer should bear the costs because it is for their benefit.  He said on another note he has a real concern about the availability of groundwater with so many additional lots.  He said the area has a water shortage, most houses have more than one well, and he has had problems; his neighbors also.  He said if the vein is tapped by several or more houses he worries if they will have enough water.  He suggested a geological study be done.  His well is 400 ft. but they barely have enough for their needs.  He said it is a high saturation of wells in a small area and will affect both Wentworth and Old Keene Rds.

Mr. Dill said it was one of those problems you address when you drill for a well.  He said all of the houses on Old Keene Rd. were 450 ft. down.  He said it’s hard to know.  Ch. Miller said he had always heard there were water problems in that area.  Mr. Faxton said all the way from his house to Stu Bailey’s most people have two wells, you brush you teeth with one and switch to the other to rinse.  Mr. Dill commented they could run the Town water lines up there.  Mr. Sawyer said he has plenty of water in his well, but it’s not drinkable. 

Mr. Miller asked what Mr. Dill wanted to do with his plans.  Mr. Dill said he wanted to submit the plans and application tonight and hold the public hearing for the May 8, 2007 meeting; he’ll try to have some answers to the concerns.  He said he understood the concerns.  Mr. Leo Carignan, abutter asked if the two untested lots could be sold without a test pit.  Mr. Dill said he wasn’t sure but thought they could be sold, noting they would undergo state subdivision approval.

He said Lawrence Stevens designer could design a septic for both of the lots.  He said they intended to test pit them but it was delayed due to weather or snow cover.  Ch. Miller noted the State could offer some conditions as well.

            Mr. Hunt asked if Mr. Dill had considered fewer lots and designating some of the land to conservation.  Mr. Dill said Board members had asked about that at the prior meeting and he had answered that so much of the land the Town has in conservation is not maintained, he didn’t want to contribute to it since it isn’t managed.  He said the Board just passed a restriction on Commercial property to keep 30% open space, he said he supposed the same could be applied to a development like this.  He said in order to keep the cost of the lots reasonable, giving away a portion of the land and then having to fix the road also, it becomes difficult.  He said also the

Walpole Planning Board Minutes 4/10/07 page 6

property does not lend itself to a public park or common land.  Mr. Hunt said he was more concerned about providing a buffer to the neighboring lots as opposed to providing a public park.  He said he moved to the Old Keene Road because he didn’t want to be on top of other people.  Mr. Dill agreed but noted he wouldn’t be any closer to these lots than he is to Mr. Carignan’s lot.  He said there is a standard along the road; there is a house every 200 ft.  Mr. Hunt said he is content the way things are right now, but to have 12 more houses on top of them is less appealing.  He said when they moved to Walpole they accepted some growth but it is still a farming town and the character is rural.  Mr. Dill said there had been many subdivisions along both of the roads over the past few years, they wouldn’t have had the lots they own if Walpole had closed its doors back then.  Mr. Hunt said he understood there has to be a movement towards growth in the future but he feels this subdivision seems unreasonable, considering the area and the road.  Ch. Miller said for instance you would rather see 5 lots as opposed to 13?  Mr. Hunt said yes, look at what Mr. Jasse has done with lots over 10 acres and protected conservation areas, it is more in keeping with what Walpole represents.  Mr. Merklein asked if the development rights could be sold on the large lot.  Mr. Dill said he wasn’t sure there was enough land to make it feasible.  Mr. Anderson asked Mr. Dill about the deed restrictions mentioned at a prior meeting.  Mr. Dill said he wasn’t prepared with a copy of the deed restrictions but some included, the size of the garage, the size of the building, no sectional homes, certain roof pitches, he said there are two pages of restrictions.  Mr. Dill said they are trying to have the homes stay in keeping with the neighborhood. 

Mr. Merklein asked about the well situation, if at the public hearing persons continue to express concerns about water supply could the Planning Board insure the water rights are protected?  Ms. Aslinger said the subdivision regulations provide for a more stringent review process to answer this type of concern.  Being a major subdivision and having a major impact on the area especially regarding the road and water allows for other review possibilities.  She suggested going through the road specifications as well.  She noted that Mr. Dill was simply submitting his application at tonight’s meeting, the public hearing should raise and address many more concerns to be reviewed by the Board during the formal review period, that tonight’s application submission does not allow the board to get further involved in the details.  Ch. Miller called for a motion to place the application on the agenda and schedule the public hearing for the May 8, 2007 meeting, so moved and seconded.  Motion carried.  V-Ch. Miller encouraged members to drive the road between now and the next meeting to get a better idea of its condition and size.  Members agreed.  Mr. Dill provided the application, fees and 3 sets of maps.

            C.  Charlie and Sheila Lennon - Minor 2 lot subdivision on High St.  Mr. Joe DiBernardo described the subdivision, Map 21 Lot 23 being divided into Lot 1 of 1.13 acres and Lot 2 of 1.00 acre.  Both meet the frontage requirements (150ft) and lot sizes (25,000) for the Res. B zone.  He submitted the application, fees and maps.  There is an existing access for lot 1 but no access yet for lot 2.  He said they plan to hook up to the municipal sewer and water services.  They will be applying to the road agent for a driveway permit and talk to the water commissioners.  Selectman Sawyer mentioned complaints about the drainage from High St. especially on the top portion of Lot 2 and the Sellerole driveway that washes into the top of Lot 2.  A motion to place the application and schedule the public hearing for the May 8, 2007 meeting was moved and seconded.  Motion carried.  Application materials and fees were submitted.

            F.  Alyson’s Apple Orchard Inc./Robert Jasse - Request for Voluntary Merger Application.  Mr. Joe DiBernardo presented the Board with an application and fee along with the official Planning Board voluntary merger form completed and notorized as required.  Two lots located on (1400 ft.)Wentworth Rd and (230 ft.)on Rte. 12 to be merged into one lot of 98 acres +/-.  Map 4 lots 33 and 46 in the Rural Ag. zone.  Sec. Aslinger stated the Board procedure on a voluntary merger does not require a public hearing or notification of the abutters.  An application

and fee are required and a completed form as presented.  The board votes to approve the merger and signs the form that is recorded at the registry of deeds, no maps are required to be recorded. A motion to approve the voluntary merger as presented was moved and seconded.  Motion carried.  The form was signed and given to Mr. DiBernardo, Sec. Aslinger asked to have a copy mailed back to her for the files.  Mr. Jasse will record the letter at the Registry.

            G.  Alyson’s Apple Orchard Inc./Robert Jasse - Lot Line Adjustment located on Lot 3 of earlier approved subdivision located on Wentworth Rd. Map5 Lot 2-9 in the Rural Ag. zone.  Purpose is to annex 2.83 acres from “not to be developed” Lot 3 now 11.10 acres to Daniel and Jeanne McAllister making their Lot 5, 11.59 acres.  Maps were submitted but the application, fees and abutter list are pending.  Mr. DiBernardo will submit the additional materials prior to the April 26th deadline.  A motion to place the lot line adjustment on the agenda and schedule the public hearing upon receipt of the completed application was made and seconded.  Motion carried.

            D.  Mary McMahon - Minor 2 lot subdivision located on Whipple Hill Rd. Map 2 Lot 1-1 in the Rural Ag. Zone.  Mr. Joe DiBernardo submitted the application and preliminary maps but no fees.  Lot 1 is 102 acres with 438.3 ft. of frontage and Lot 2 is 74.05 acres with 4353.95 ft. of frontage on the Class VI portion of Whipple Hill Rd.  He pointed out the ROW’s and lanes providing access to Mary’s house.  He pointed out the O’Keefe lot between the two lots.  Ch. Miller said the map shows where the Class V road ended and shows that Lot 2 does not have frontage on a Class V road, so it cannot be subdivided.  Frontage must be on a Class V or better road for subdivision.  He said he remembered seeing this proposal a couple of years ago and it has not changed to reflect where exactly the Class V road ends.  He remembered discussing the Class V ended at Adams Lane but he suggested the applicant determine exactly where the Class V road ends with the Board of Selectmen and return to the Board with a plan that shows Lot 2’s frontage on a Class V road.  Mrs. McMahon said she had spoken with Mr. Terrell road agent and thought they had clarified that the Town plows and maintains the Class V portion up to the stonewall and turnaround at Mr. Alabbadi’s property line.  Mr. Miller said if so the map needs to show it before it could be subdivided, if it ends where it is shown on the map it cannot be subdivided.  Mr. DiBernardo asked if she could petition the Selectmen to reclassify the small section to a Class V?  Ch. Miller said to do further research and return to the Board at the May meeting with their findings and a corrected plan showing 200 ft. of road frontage on a Class V road for Lot 2.  He said there is some history the Board of Selectmen is aware of.  Mr. Shane O’Keefe asked if the lot could be designated as “not to be developed” and then subdivided.  Ch. Miller thought the Board could subdivide it with that stipulation but suggested clarifying the Class V, VI issue instead.  He reiterated the need to clarify where the Class VI begins with the entire Board of Selectmen and their minutes.  Mr. DeCoste asked to clarify whether the Board could allow it to be subdivided if it was designated “not to be developed”, answer was yes.  It will be put on the agenda for the May 8 meeting for a preliminary review or if they can clarify the road status they can submit the application prior to the April 26th deadline by arrangement with the Secretary.  No fees were collected. 

            E.  Tom Bogar agent for Kimberly Bogar - Lot Line Adjustment located at 286 Old Keene Rd. Map 7 Lot 25 in the Rural Ag. Zone.  Proposal is to change Lot 7-25-1 to 22.2 acres adding 114 ft. of frontage for a total of 600.20 frontage and to change Lot 7-25 to 12.1 acres with 250 ft of frontage from 19 acres.  Lot 1 includes the existing house.  Purpose is to revise the lot line between the two lots.  Application, fees and maps were presented.  A motion to place the application on the May 8, 2007 agenda and to schedule the public hearing was made and seconded, motion carried.

            H.  Other - none.

            A.  Handouts were distributed to members prior to the meeting, no discussion.

            B.  Master Plan Update:  Website - Secretary Aslinger said she, Ben Daviss, Dave DeCoste and Chuck Bingaman had met with Harry Bernard on Sunday April 1 to learn about setting up a Planning Board website.  Originally Mr. Bernard suggested we use the Town’s website but due to a technical complication regarding the security of Town records it was decided  to have our own host and server, if the Board agrees.  Mr. Bernard is donating his time to do the set up and maintenance.  It will cost $5.99 per month for the hosting site.  Teresa has offered to provide a link to the Town’s website.  Ch. Miller thought it would be very helpful to include as many citizens as possible when updating the Master Plan.  Mr. Dill asked who would be responsible for putting the information on.  Mr. Daviss said along with Mr. Bernard, two or three other Planning Board members would be responsible for adding to the text; a second blog section would be created for various citizen input.  He said any questionable comments would be removed if deemed inappropriate.  Mr. Dill wondered how Board members would interact on the site.  Ch. Miller said it would not be a venue for Board members opinions on official matters, instead used to post minutes, agendas and take public input on the master plan and regulations updates only.  Ms. Aslinger said the interactive part would be allowed on sections of the Master Plan update such as the vision statement and implementation plan.  No personal exchanges back and forth would be available on the website or encouraged.  Mr. Dill is concerned that non Board members would be viewed as making official comments on behalf of the Board.  Ch. Miller said any subcommittee member as designated by the Planning Board would be allowed to be part of the site but it would be made clear they are an ad hoc member of an ongoing update specifically.  He said the Planning Board would oversee the sight.  Ms. Aslinger said before the address was circulated the entire Board needs to look over the sight to make certain everyone agreed with its design.  Members agreed to proceed. 

SWRPC - Mr. Daviss announced a meeting on Tuesday April 17th at 10:30am with SWRPC in Keene to go over the progress on the Master Plan update.  Members attending are Jeff Miller, Bob Miller, Pam Aslinger, Ben Daviss and Mel Schupack meeting with Jeff Porter and Janet Carr, Chief Planner.  Mr. Dill asked if it was a quorum, answer was no, Pam is attending as an undesignated alternate.

XI.  Meeting adjourned at 9:30pm

Cc:  All PB, ZBA, MPU, WCC, Town Offices, Water Comm., Road Agent

Posted:  Town Hall, Lobby, Burdick’s Market, www.walpolenh.us, www.thewalpolean.com

MEETING OF THE BOARD OF SELECTMEN

APRIL 12, 2007

Selectmen Present:            Charles Miller, Sheldon Sawyer, Whitney Aldrich

Mr. Miller called the meeting to order at 7:30 PM with four people present in the audience.

PUBLIC BUSINESS:

BRUCE MARTIN – WAR MEMORIAL UPDATE:  Mr. Martin and Thayer Fellows surveyed the Common area from the flagpole north.  Three sketches of the proposal were displayed.  One sketch indicated all the objects that exist on the Common now; the benches will remain.  Paving blocks will be used rather than a concrete sidewalk.  The replacement community Christmas tree will be a blue spruce, about 12-to-15 feet high; the Bemis tree will remain in its present location as long as it does not interfere with the memorial; both trees will be fertilized and taken care of.  Everything is expected to be in place by May 20th.   

Mr. Sawyer moved to accept the positioning of the Veterans Memorial as presented.  Seconded by Mr. Aldrich.  All in favor, so voted. 

ACCOUNTS PAYABLE:  Mr. Aldrich moved to approve the Accounts Payable check register and manifest in the amount of $534,723.98.  Seconded by Mr. Sawyer.  All in favor, so voted.

It was noted that the above amount includes a monthly payment in the amount of $434,569.83 to the Fall Mountain Region School District. 

PAYROLL:  Mr. Sawyer moved to approve the payroll voucher for the week ending April 07, 2007, for gross wages in the amount of $16,313.09 or net wages in the amount of $8,013.08.  Seconded by Mr. Aldrich.  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 $4,135.58.  Seconded by Mr. Sawyer.  All in favor, so voted.

Mr. Aldrich moved to sign the payroll form for the 3.3% cost-of-living increase for Regina Borden.  Seconded by Mr. Sawyer.  All in favor, so voted.

Mr. Sawyer moved to sign the payroll form for a $.50/hour increase for Mike Symunds.  Seconded by Mr. Aldrich.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- APRIL 05, 2007:  Mr. Sawyer moved to approve the Minutes of the public Board of Selectmen’s meeting of April 05, 2007, as printed.  Seconded by Mr. Aldrich.  All in favor, so voted.

DEPARTMENT / COMMITTEE MEETINGS:

The Board of Selectmen received and reviewed the minutes of the following meetings:  1) North Walpole Village Board of Commissioners meeting – April 10, 2007; and 2) Planning Board meeting – April 10, 2007l

ABATEMENTS:

NORTH WALPOLE TAX ABATEMENTS:  Mr. Aldrich moved to approve and sign the Abatements for North Walpole Property Taxes for ten properties each under the amount of $5.00 or for a total of $22.97.  Seconded by Mr. Sawyer.  All in favor, so voted.

OLD BUSINESS:

SHELDON SAWYER– STAFF:  Mr. Sawyer advised that the Board of Selectmen had been discussing the possibility of having Elaine Moore attend these meetings as a resource person.

Mr. Sawyer moved that the Board of Selectmen have the office manager attend the Thursday night meetings every week as a resource person.  Seconded by Mr. Aldrich.  All in favor, so voted. 

DRA MINI COURSE – REGULATION AND TAXATION OF EARTH EXCAVATIONS:  The Board of Selectmen had previously approved having Elaine Moore attend this DRA mini course.  Myra Mansouri will speak to the Zoning Board of Adjustment at their next meeting relative to her attending this seminar before she makes a commitment.

BALLAM FARM DES GRANT PAPERWORK FROM JOSH KELLY:  Mr. Aldrich moved to authorize Mr. Miller to sign the Certificate of Authorization document for the Department of Environmental Services grant for $153,000 for the Ballam Farm.  Seconded by Mr. Sawyer.  All in favor, so voted.

CHIEF DAVID HEWES – REF: PORTABLE RADIOS:  The Board of Selectmen congratulated Police Chief David Hewes on obtaining the grant from the Lawnet and Homeland Security Grants through the NH Department of Safety for three portable radios.

TOWN MEETING – MICROPHONE EXPENDITURES:  There was a consensus of the Board of Selectmen to pay the bill from Hurlburt Electric, Inc. for the microphone expenditure and to have him finish the electrical wiring in the Town Hall. 

JANITOR – SNOW SHOVELING:  Mr. Sawyer suggested that the Chairman ask Mr. Brady if he has a problem with shoveling the snow off the walkway into the Town Hall.

NEW BUSINESS:

TOWN REPORT BINDING:  Mr. Sawyer moved that the Board of Selectmen authorize having copies of the Town Reports bound every five years.  Seconded by Mr. Aldrich.  All in favor, so voted.

DAVID EDKINS – RESIGNATION FROM PLANNING BOARD:  The Board of Selectmen acknowledged receipt of a copy of the letter from David Edkins to the Planning Board advising that he resigned as an alternate member.

SET WORK DATE FOR REVIEWING ASSESSMENT CARD CHANGES:  The Board of Selectmen set a date for a Work Session Meeting to review the assessment card changes on Wednesday, April 18th, from 6:30 to 7:30 PM.    

CURRENT USE PROBLEM – MAP 008-043-000:  After a review of the Current Use documents there was a consensus of the Board of Selectmen to have the assessor make a change and process an Abatement.

KEYS TO SELECTMEN’S OFFICE:  Mr. Sawyer moved to ask the groups that have keys to the Selectmen’s Office to turn them in.  Seconded by Mr. Aldrich.  Mr. Miller was opposed.  With Mr. Sawyer and Mr. Aldrich in favor, the motion was approved.

TOWN WARRANT - ARTICLE 3:  Mr. Sawyer acknowledged receipt of a letter from Attorney R. Hanna:  “This letter serves as a Motion for Rehearing concerning the March 13 vote on the above-referenced warrant article.  This Motion for Rehearing is filed pursuant to RSA 677:2 and 677:3 on behalf of my clients, Berkshire-Walpole LLC and Walpole Properties, LLC, which own properties in the Commercial District in the Town of Walpole.” 

Mr. Sawyer moved to have copies of this letter FAXed to both the New Hampshire Municipal Association and Attorney Jeremy Hockinsmith tomorrow requesting their opinions on the proper procedures to follow.  Seconded by Mr. Aldrich.  All in favor, so voted.

HB-88:  Mr. Miller received a call from the Town of Dublin advising that there will be a Hearing on HB-88 on Wednesday, April 18th at 10:00 AM in Concord in Room 307.

UTILITIES:  Mr. Miller would like to have Avitar Assessing Service contact David Gould at the Town of Rockingham to discuss their assessed value on the dam.

LETTERS TO BE SIGNED:

SAVINGS BANK OF WALPOLE – REF: TRUSTEES:  Mr. Sawyer moved to sign the confirmation letter to the Savings Bank of Walpole for the Trustees of Trust Funds.  Seconded by Mr. Aldrich.  All in favor, so voted.

NON-PUBLIC SESSION: 

Mr. Sawyer moved to enter into a Non-public Session pursuant to RSA 91-A:3 II to discuss (a) Personnel and (e) Pending Claims or Litigation.  Mr. Aldrich seconded the motion and, on a roll call vote with all in favor, the motion was approved.  The time was 9:42 PM.

The regular meeting resumed at 10:04 P.M. 

Mr. Sawyer moved that the minutes of the Non-Public Session will be sealed as they contain confidential information on Personnel and Pending Claims or Litigation.  Mr. Aldrich seconded the motion and, on a roll call vote with all in favor, the motion was approved.

Solid Waste Department:  Mr. Sawyer moved that the Board of Selectmen concur with the Manager of the Solid Waste Department on his handling of personnel.  Seconded by Mr. Aldrich.  All in favor, so voted.

TOWN OF ALSTEAD:  Mr. Sawyer recommended that the Board of Selectmen talk with Rick Cooper to see if he is ready to schedule a preliminary meeting with the Town of Alstead Board of Selectmen.  Mr. Sawyer will talk to Rick Cooper about this matter.

Mr. Aldrich moved to adjourn this meeting.  Seconded by Mr. Sawyer.  All in favor, so voted.  The time was 10:08 PM.

Respectfully submitted,

Regina Borden, Recording Secretary

PLANNING BOARD - WORK SESSION April 24, 2007 7PM Town Hall Basement

MINUTES

Members Present:  J. Miller, Ch., B. Miller, V-Ch., Ben Daviss, H. Fletcher

Master Planners Present:  Mel Schupack, Mary Lou Montgomery, Dennis Marcom, Robert Jasse.                           

Recording:  Pamela Aslinger, Sec.

These minutes are unapproved and will be reviewed at the May 8, 2007 meeting for errors, omissions and corrections.

I.            Meeting opened at 7:05pm.

II.            Ongoing Business - Master Plan Update

Ch. Miller asked Mr. Daviss to report on the meeting with SW Reg. Planning Commission.  Mr. Daviss said he, Mr. Schupack, Mr. Bob Miller and Ms. Aslinger attended the meeting on April 17th from 10:30 - 12:30pm, meeting with Jeff Porter, Joanne Carr, Chief Planner and Andrea Santoro, Mapping services.  The meeting was in 2 parts, the first being about the requirements and results of GIS mapping, the second part about the vision statement.  Mr. Daviss said Ms. Aslinger would discuss the mapping.  Mr. Daviss said Mr. Porter and Ms. Carr thought the initial effort on the vision statement needed more citizen input.  They suggested a friendlier more informal approach like “asking around Town” - what do you want to see for Walpole’s future?  Rather than just mailing a survey, actually physically go to some of the civic organizations such as the Grange, Library, Historical Society etc. with a list of a few questions as a semi-survey, pooling the responses to create a vision statement.  The result would reflect the genuine wishes of the Town.  Mr. Daviss said the results could be a valid basis for not only the vision statement but also necessary to begin the task of rewriting the zoning ordinance and regulations to reflect the Town’s wishes.  He noted it would take additional time but mentioned one way to speed things up is using the new website that will be up and running in a week or so.  The questions could be posted for comments along with the supporting documents such as the draft vision statement and current land use section of the master plan complete with a blogged comment page for each issue. 

Mr. Schupack and others were concerned that by posting only a few questions, would it steer responses?  Mr. Daviss thought it is important to post the current information to give responders a context but agreed in framing the questions to “let the mind roam somewhat” in the responses. 

Ch. Miller referred to the three basic questions shown in the current master plan suggesting while very generalized, they could be used.  He thought the current land use section needs “tweaking” rather than an entire rewrite, but agrees an informal survey would help determine the scope.  He thought one weak area in the current land use section is in the implementation of the prior goals and objectives. He reiterated, keeping it simple, staying focused on the land use section only.  He said the goals and objectives are still very good although somewhat generic, the informal survey could be used to add more detail especially based on the past 5 years of changes in the Town.

V-Ch. Bob Miller thought the survey would yield generalized statements and the respondents would rely on the Planning Board to implement ways to incorporate them into the ordinances and regulations.  Mr. Schupack and others thought a more detailed list of specific questions such as:  Do you want track housing, large retail centers, apartment buildings, cluster housing, or light industrial and further commercial development, might help the Board in

determining the vision statement, plus help in the ordinance and regulations updates.  Ch. Miller said the State has stopped funding of conservation easements, perhaps a question could be asked if the Town wants to fund conservation, preservation or protection easements.  Mr. Marcom suggested the Planning Board include specific questions drawn from some of its more recent applications, incorporating and highlighting them for comments.  The attendees fully agreed with the suggestion.  

After further discussion among the group, it was decided to have Mr. Schupack and Mr. Daviss draft several questions, some generalized and some specific.  The questions will be reviewed at the Planning Board’s May 8, 2007 meeting before circulating or posting them.

Mr. O’Keefe reminded the board, not everyone is “on-line” so connecting with individuals and groups was just as important, he suggested making up a flyer that could be located at the gas station or have the library as a drop off for completed questions. 

The group came up with a list of organizations to contact:  Senior Citizens Group, Fire Department, Historical Society, Schools, Church Groups, Grange, The Walpolean, Library, 4-H Group, Hooper Institute, Snowmobile Club, Horsethieves, Walpole Tomorrow.  It was suggested to hold a Public Meeting on the questions for those not part of the groups mentioned above.  Determining who will approach each organization will be discussed at the May 8, 2007 meeting.

          
GIS Mapping - Ms. Aslinger said the GIS mapping portion of the meeting was very helpful with SWRPC making suggestions as to how the Board can obtain the needed information.  She displayed 3 maps showing how other Towns had been able to create overlay maps showing land uses for future planning.  She said the necessary information is:  Map and Lot and sub lot numbers, the PID (parcel identification number) and the actual land use.  She said the information itself is not “sensitive” but the Board of Selectmen and Town offices have prevented the Board from access to the information or access to the Town tax assessor due to lack of understanding how the information is gathered and worries about disturbing Town records.  She said without the digitized 3 pieces of information the 2003 maps cannot be updated.  She said Andrea Santoro offered to meet with the Town office persons and help to create a disk with the required information, without having actual access to the Town computerized records.  Mr. Porter said the information could be gathered by doing a physical “windshield” survey, but the information would still need to be compiled and digitized.  He said it was impossible to give the Board a cost estimate for the updated mapping because it depends on being able to obtain digitized information from the tax assessor, how many changes have occurred since 2003 and how many undocumented tax records would need to be researched.  Ms. Santoro said to purchase a completely digitized tax map from Cartographics could cost $60K - $110K, some Town’s are adding it to their Capital Improvements Program $10,000.00 at a time.  Ms. Aslinger will attempt to explain the necessity of obtaining the Town’s information in a memo to the Board of Selectmen, determine what information is shown on the PID’s  and gather the changes since 2003 in order for SWRPC to estimate a cost.  Mr. O’Keefe and others thought preventing the Board from accessing the Towns digitized information to create the planning maps is unacceptable. 

Ch. Miller and V-Ch. Bob Miller remembered doing a windshield survey as part of the master plan in 2000.  Ch. Miller firmly believes there are already overlay maps available for Walpole and SWRPC has them.  He asked Sec. Aslinger to follow up with an inquiry to SWRPC.  If there are no available maps, Ms. Aslinger will continue with gathering the land use changes since 2003 and re-approaching the Town office with the request for PID digitized information.

Other:  Planning Board member Mr. Henry Fletcher brought in 2 sets of aerial maps, one from 1952 showing a section from the Connecticut River east to Whipple Hill and south into Merriam Rd. area, and one from the early 1980’s showing a north eastern section of Town including Drewsville.  The detail was tremendous and the amount of open farm land impressive.  The group enjoyed seeing the changes over time and Ch. Miller’s memories of growing up and some of his favorite places to play, now part of Rte. 12.  Other group members reminisced about their Walpole experiences and neighbors.  It was the highlight of the meeting and helped to frame and put into context some of the many changes in Walpole over the past 60 years. 

Thank you, Henry!

III.            Meeting closed 8:15pm

cc:  file, PB, MPU, ZBA, WCC, BOS, NWVC

Posted:  Town Hall, Lobby, Burdick’s Market, Town website:  www.walpolenh.us, www.thewalpolean.com

4-26-07

DOT Project Manager Explains Cold River Bridge Delays

By Chuck Bingaman, Contributing Writer

          Bob Landry, DOT Project Manager for the Cold River replacement bridge project, said Thursday that a “number of factors—not just design specifications—had pushed back the projected completion date from the best possible date—November 2007—expressed at the January meetings of the bridge.”

 He also said that the delays that have come up would have been there regardless of which bridge design had been chosen.

          Landry said right of way issues regarding land on both sides of the bridge, permitting and the approval process had contributed to delays.  “I tried to make it clear in January,” said Landry, “that there are many factors that could affect the length of the process.”

          “Acquisition of easements or titles to land has to be done, and it has to be done right and it takes time.  It can be difficult to find common ground with abutting landowners, and sometimes making one change impacts another aspect of the project.”

          “Landowners,” noted Landry, “have concerns with the impact to their land, and we have to work through the process to make them feel comfortable with the project and the process.”

          “In total, we estimate that we are about six weeks behind schedule for the project, but that’s a crucial six weeks when it gets to November because of the weather and the ability to cure the concrete deck.  At that point, being behind in the work makes not a six-week delay but more like a six-month delay.”

          Landry said that on May 15, the Commission makes a decision on the project to either approve the Department’s resolution of issues or reject the resolution.  If the Commission approves, the Department receives a “finding of necessity”, for the project.  This approval allows the state to follow the rules of the Eminent Domain process to settle disputes between the state and landowners on the needed acquisition of land for the project.  He added that, “at this point, I am afraid that we will have to go to condemnation proceedings to acquire the necessary land rights.”

The current schedule for the project is Advertise for Bids on June 19th, open bids on July 12th, receive Governor and Executive Council approval in mid August, start construction in mid August, open bridge to traffic by May 15th, 2008.

                              --30--

Ed. Note: Undeterred by last month's greater than 2/3 vote clarifying that Walpole's zoning ordinance means no new commercial building larger than 40,000 square feet, Berkshire Development is seeking to get around it with a petition to throw out the vote.  See story below.  CCB

4-24-07

 Developers Challenge Walpole Voters’ Zoning Changes

 By Chuck Bingaman, Contributing Writer

             Berkshire-Walpole LLC and Walpole Properties LLC have filed a petition for rehearing with the Walpole Select Board that argues that the town meeting warrant article,  replacing “establishment” with “building” in two zoning ordinance sections, was “illegal and unreasonable.”

             The development companies, represented by Thomas R. Hanna of Keene, are arguing that Article 3, which passed by more than a two-thirds vote, was defective because it lumped two zoning changes into one article, thereby preventing voters from voting for one and not the other.

             As required by New Hampshire law, Walpole selectmen have set a rehearing for 7:00 p.m., Thursday, May 3 and must decide, after hearing arguments by the petitioners and comments by town citizens, whether to take any action. 

             Should the selectmen choose to take no action, the subject will be closed unless the petitioners choose to take the matter up to court to try and force the town to act.

             This is the latest skirmish in a multi-year struggle pitting some developers and their supporters—both in and out of the town—who wish to build large commercial buildings against town voters that wish to limit the possible size of new commercial buildings in Walpole.  In 2006 Berkshire-Walpole LLC proposed erecting a 70,000 square foot structure near North Meadow Plaza that would have housed 3-5 businesses—or, as they called them, “establishments”--none of which by themselves required more than 40,000 square feet.  Last June, Berkshire withdrew its proposal, the Zoning Board stated that it was interpreting the statutory language to mean the limit was on the size of future buildings, not businesses within them, and later the Board put the matter on the 2007 town warrant.

             Until the March 13 town meeting, Article VI Commercial District, Sec. B. Uses Permitted said “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:… 3. Shops, restaurants, and other retails establishments not exceeding 40,000 square feet in gross floor area.”  Also, until the March 13 town meeting, Article VII Rural/Agricultural District, set parameters of development in that district but permitted special exceptions in Sec. C. including “1) Industrial, manufacturing, and commercial operations by Special Exception from the Board of Adjustment when fulfilling the following requirements:…g) No retail commercial establishment shall be permitted which exceeds 40,000 square feet in gross floor area.”

             Article 3 on the town warrant asked Walpole voters whether they wanted to amend the above two ordinance sections “by replacing the word ‘establishments’ with ‘buildings’”.  The point of the proposed amendment was to remove any uncertainty about whether builders might be permitted to build new commercial buildings whose square footage exceeded 40,000 square feet provided that separate businesses or “establishments” within them did not exceed that limit. 

             Before the town meeting, using a statutory provision allowing it, commercial property owners in Walpole collected enough signatures representing commercial landowners to require at least a two-thirds vote to pass the article containing the zoning changes. 

             The proposed Art. 3, changing “establishments” to “buildings”, as recommended by the Zoning Board, passed with more than a two-thirds vote, 764 to 337.

                                                 --30--

Ed. Note: Here is a story I wrote yesterday for the Eagle Times.  CCB

4-24-07

DOT:  Covered Bridge for Cold River …in 2008

 by Chuck Bingaman, Contributing Writer

             ( Walpole) In a report issued Tuesday—three months after the January hearing—the New Hampshire Department of Transportation announced that it had accepted Walpole ’s request for a modern covered timber bridge spanning the Cold River . 

             But, due to delays in getting the design specifications set, the bridge will not be  complete until summer 2008, not Novenber 2007 as envisioned in January.

             According to project manager Bob Landry, the Department and the Board of Commissioners considered all citizen input and concluded that the design put forward by Benson Woodworking “blends aesthetics, functionality and state-of-the-art engineering that would create a landmark” in the town.  This means that DOT has adopted Benson’s proposed design as its own and will begin the process of requesting construction bids.

             The report also noted that the design “would signify and commemorate the reconstruction of the Cold River area after the devastating flood of October, 2005.”

             According to David Scott, DOT In-House Design Chief for Bridges and departmental point man for working out the design with Benson engineers, the requests for bids will be announced formally on June 19, and “any pre-qualified contractor with experience in this size of bridge project will be able to bid on the project.”  Bidders will have three weeks and two days to submit bids, and the chosen bidder will have two weeks to file additional documents that must be sent to and approved by the Governor and Executive Council before the contract may be signed and work begun.  Hence it will likely be at least mid-August before construction begins.

              Benson Woodworking, the Walpole firm that conceived the design and contributed the time and effort in putting it together, is not such a “pre-qualified contractor.”  But it is possible that Benson will end up being a sub-contractor or supplier of the timber sections of the bridge.  It is also possible that the prime contractor may decide to look else where for the timber pieces.

             In answer to some concerns raised at the January hearing, the Commissioners made the following findings…

 ·        As the proposed design includes a concrete bridge deck, it will allow for the placement of a crashworthy, standard steel 2-bar rail system that would redirect any errant vehicle back into the roadway and prevent it from going over or through the rail or damaging vertical timber trusses.

 ·        Having checked with French bridge authorities in charge of maintenance of similar steel/concrete/wood structures, the Department concluded that such bridges are no more problematic for maintenance than more standard bridge designs.  The French, the report noted, use salt as their deicing agent of choice, and salt does not have a negative impact on timber sections.

 ·        The DOT did conclude that the timber/steel,concrete design would cost about $200,000 more than a standard concrete single span bridge.  But the Federal Emergency Management Agency is firm in offering to pay a little over $1.5 million for the project, and the state of New Hampshire is willing to cover any remainder.

 ·        The DOT does not participate in placing nearby power lines under ground; if Walpole wants them underground, it will have to pay for it itself, although DOT would assist in coordinating that work.

 ·        The salvaged granite blocks form the destroyed double arched bridge will be used as the facing for the wing walls on the west side of the bridge.

 ·        The DOT was able to increase the span’s length from 97 to 102 feet.

                                                     --30--

Ed. Note: A reminder from Jill Robinson...

Climate change/peak oil film series resumes in walpole -- REALLY!

 The untimely nor'easter disrupted plans to screen "The Power of Community" on April 15th. Walpole Watches The News is optimistic that the weather will be more cooperative when we resume our first Sustainability Film Series this Sunday, April 29. The series, "Climate Change/Peak Oil: Problems and Solutions," concludes with two films focusing on positive solutions to these pressing problems. "Peak Oil" refers to the theory that world oil production has, or will soon, reach a peak and then rapidly decline. 

 The rescheduled April 29 film, "The Power Of Community," shows how Cuba survived Peak Oil when it suddenly lost its oil supplies in the early '90s. The last film in this first series, "KilowattOurs," originally scheduled for April 29, will be slid back to Sunday, May 6, 2007.  It takes an in depth look at the true cost of electricity and suggests ways we can reduce our use of it and save up to $600 per year. Both films will be shown at the Walpole Congregational Church from 4 pm to 6 pm. All the public is invited to attend, and admission is free (though donations to help pay for the films will be accepted). Child care will be available if parents make reservations in advance by calling Jill at 756-9073 or Sue at 756-9268 or by emailing walpolewatches@gmail.com.

For more information, or to request emailed reminders of these events, call Jill at 756-9073 or Sue at 756-9268.

Teresa Kissell asked me to let you know about our Boy Scout Troop #299's plans for participating in the BSA Florida National Seabase Program in summer, 2008 for which they are starting to raise funds now.  If you visited their booth at the Town Hall mini-fair before the March 17 town meeting, you have some idea of the terrific job our boy scouts and their leaders are doing.  They deserve our support!

The tag sale will be at the Fire House from 8:00 a.m to 3:00 p.m. on Saturday, May 5.

If you want more information about the BSA Florida Seabase program, see http://www.bsa.seabasxe.org/index2.html.  Chuck Bingaman

Peg Dion tells me that the Walpole Historical Society Annual Meeting will be held on Monday, April 30 at Town Hall.  Charles Davis will talk about the Academy, Walpole and its schools.

You need to bring a dish to share and it would be helpful to identify your creation, especially for people with allegies, etc.  Coffee and tea will be served; pleae bring any additional beverage you would prefer.  Someone will be at Town Hall beginning at 5:30 p.m.to accept your food donation.

After supper there'll be a business meeting and important voting on bylaw changes and new board members.  Only members who have paid their 2007 dues are entitled to vote.  If you are not a member yet but wish to become one, please come and you may pay dues that evening.

Peg says, "This has always been a very enjoyable evening: breaking bread with neighbors, entertainment and accomplishing necessary business.  Please join us!"

Phone 756-4028 or email kdgrenier@comcast.net if you plan to attend.

The Friends of the Walpole Town Library will hold their annual meeting, potluck and program at Town Hall this Thursday evening, April 19, at 6:00 p.m.  The potluck is open to the public, and the whole town in invited.

The Friends will have a short, painless business meeting and recognize our library's fine staff and Board of Trustees.  Then this year's program will feature Carolyn Norback, Ellie Phillips and Bob Rhodes discussing why myteries grab so many readers and what mystery authors are their favorites and why.  Should be interesting, fun, and lead many of us to some new reading adventures!

Pat Fowler of Village Square Booksellers in Bellows Falls will hand out a list of selected mysteries she's carrying now, with emphasis on New England mystery writers, and we'll all have a chance to share a mysterious thought or two over dinner. There'll even be some door prizes, but they remain a mystery for now.

Reservations are not necessary, but you need to bring a dish to share. In keeping with the evening's theme, what you bring can remain a mystery until you arrive.  So, mark your calendar NOW for Thursday evening, and plan to share an enjoyable, tasty and mystery-filled evening with us!  Chuck Bingaman (recently and mysteriously elected President of the the Friends of the Walpole Town Library!)

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

MARCH 29, 2007

Selectmen Present:  Charles Miller, Sheldon Sawyer, Whitney Aldrich

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

PUBLIC BUSINESS:

BRUCE MARTIN:  Bruce Martin asked the Board of Selectmen for permission to talk to the Road Agent about moving the current Veterans’ Memorial to the Historical Society property and cut down some of the greens after it is removed.  The Historical Society has agreed to take the memorial.  The Board of Selectmen approved this request and Mr. Sawyer will discuss this with Jim Terrell.

BARKLEY BULL:  Barkley Bull referenced his recent letter that was sent to the Board of Selectmen.  He would like to know the precise location of the new Veterans’ Memorial and if the footprint would be exactly the same.  He feels it should involve the Planning Board and Zoning Board of Adjustment.  The original sketch did not include the cannons.  He questioned the granite benches and meditation garden that are in the display in the Town Hall.  The Board of Selectmen acknowledged receipt of the letter.  There are no plans for granite benches or a garden in the Common at this time.  Replacing the deteriorating Veterans’ Memorial was discussed under Article 26 during the Town Meeting.  

DAN McALLISTER:  Mr. McAllister asked if a decision had been made on his property appeal.  Mr. Sawyer advised that they just signed a contract with an assessor so this matter will be given to them to make a determination on the value. 

RICK LARSON:  Rick Larson had attended the USDA / DES meeting prior to this meeting and discussed the proposed bank stabilization project on Black Jack Crossing.  He has concerns about the funding and protecting multiple locations.  He plans to contact the DES and Town representatives tomorrow.   

ACCOUNTS PAYABLE:  Mr. Sawyer moved to approve the Accounts Payable check register and manifest in the amount of $51,541.57.  Seconded by Mr. Aldrich.  All in favor, so voted.

There was a consensus of the Board of Selectmen to contact Cindy Westover regarding the Hurlburt Electric, Inc. bill for microphones for the Town Meeting.

PAYROLL:  Mr. Aldrich moved to approve the payroll voucher for the week ending March 24, 2007, for gross wages in the amount of $24,593.14 or net wages in the amount of $15,076.57.  Seconded by Mr. Sawyer.  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 $5,933.83.  Seconded by Mr. Aldrich.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- MARCH 22, 2007:  Mr. Sawyer moved to approve the Minutes of the public Board of Selectmen’s meeting of March 22, 2007, as printed.  Seconded by Mr. Aldrich.  All in favor, so voted.

DEPARTMENT / COMMITTEE MEETINGS:

The Board of Selectmen received and reviewed the minutes of the following meetings:  1) Zoning Board of Adjustment –March 21, 2007; and 2) Planning Board –Work Session– March 27, 2007.

WARRANTS:

GRETA V. HOWARD –TIMBER CUT- MAP 013-061-000:  Mr. Aldrich moved to approve the Warrant for a Timber Cut in the amount of $1,478.65 for Greta V. Howard.  Seconded by Mr. Sawyer.  All in favor, so voted.

OLD BUSINESS:

ATTORNEY KASPER – SERVICES AGREEMENT:  Mr. Miller moved that the Board of Selectmen write a letter to Attorney Kasper advising that they had already made arrangements for a Town Attorney.  Seconded by Mr. Sawyer.  All in favor, so voted.

CURRENT USE APPLICATION – MAP 004-037-000–MAP 004-038-000–MAP 004-040-000:  Mr. Aldrich moved to put the Hazel Fletcher Trust land on Bookseller Road in Current Use as per the map submitted.  Seconded by Mr. Sawyer.  All in favor, so voted.

DEED – SIGNATURES:  The Board of Selectmen signed the Cemetery Deed for W. Patrick and Eva I. O’Keefe.  A Deed had previously been signed but required a name correction. 

DRA – ELDERLY AND VETERANS EXEMPTIONS:  Mr. Sawyer moved to approve sending the follow-up information to the Department of Revenue Administration.  Seconded by Mr. Aldrich.  All in favor, so voted.

NEW BUSINESS:

DEMOLITION OF BUILDING – MAP 004-036-000:  The Board of Selectmen received and agreed to an application from Paul Frye for the demolition of a building. 

TOWN HALL USE REQUEST:  There was a consensus of the Board of Selectmen to deny the request from the Cold Pond Community Land Trust of Acworth, NH to use the Town Hall without the rental fee. 

VETERANS EXEMPTION – CHRISTOPHER BROOKS:  Mr. Aldrich moved to approve and sign the Veterans Exemption for Christopher Brooks.  Seconded by Mr. Sawyer.  All in favor, so voted.

AVITAR – REVALUATION AGREEMENT – PER DRA:  Mr. Sawyer moved to authorizing the signing of the Revaluation Agreement with Avitar.  Seconded by Mr. Aldrich.  All in favor, so voted.

RICK COOPER – PERSONAL TIME:  A memo was received from Rick Cooper advising that he is taking some personal time off on March 27th and March 30th, 2007.  Mr. Colburn will be in charge during his absence. 

LETTERS TO BE SIGNED:

SELECTMEN LETTER – REF: SB 88:  Mr. Sawyer moved to sign the letter regarding SB 88 that will be sent to the Town’s Senator, Representatives and other Boards of Selectmen.  Seconded by Mr. Aldrich.  All in favor, so voted.

PETER PAOLETTA – REF: VALLEY ROAD:  Mr. Sawyer moved to sign the letter to Peter Paoletta regarding Valley Road.  Seconded by Mr. Aldrich.  All in favor, so voted.

ALFRED BERTIN – REF: MAIN STREET TRAFFIC:  Mr. Aldrich moved to sign the letter to Alfred Bertin regarding Main Street traffic.  Seconded by Mr. Miller.  All in favor, so voted. 

A copy of this letter will be sent to Police Chief David Hewes.

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Aldrich.  All in favor, so voted. The time was 9:36 P.M. 

    Walpole Watches The News resumes its first Sustainability Film Series on Sunday, April 15 at 4:00 pm.  The series, "Climate Change/Peak Oil: Problems and Solutions," concludes with two films focusing on positive solutions to these pressing problems. "Peak Oil" refers to the theory that world oil production has, or will soon, reach a peak and then rapidly decline.

    Oddly enough, every time we post a flyer for this at the Post Office, someone takes it down! We hope you'll thwart our censor friend's wishes and turn out in big numbers to see these films.

    The series launched last month with a Climate Change Workshop presented by Tom Sintros of Alstead, and a screening of the Peak Oil film, "The End of Suburbia."  

4-7-07

Three Pedophile Suspects Arrested in Walpole

By Chuck Bingaman, Contributing Writer

            Walpole Police stings have netted three men seeking sexual relations with underage girls growing out of Internet chatroom trolling, according to Det. Richard Westney.

            “But, for every one we catch,” said Westney last week, “there may be ten or twenty more that we don’t learn about.”

            Walpole Police, according to Westney, offered to work with Perverted Justice in early 2006.  Perverted Justice works with local police forces nationwide to identify and bring to justice adults that seek to victimize children through the Internet contacts.  Perverted Justice trains volunteer adults to impersonate children on regional Internet chatrooms, operates the extensive informational web site www.perverted-justice.com and occasionally provides segments showing arrests of sexual predators for NBC’s “Dateline NBC”.  The organization’s policy is to not disclose personal information or to raise sex related topics in chatroom conversations.  But, when others raise such topics in a chatroom, Perverted Justice volunteers know how to impersonate boys and girls in the 10-15 year age range.  If, as frequently happens, adult predators attempt to steer the chats in sexually suggestive ways, the Perverted Justice (or, as they say, “PeeJ”) volunteers play along to learn the predators’ identities and to collect incriminating evidence from them.

            If a predator seeks a sexual rendezvous with someone they presume is a “child”, the PeeJ volunteers contact local police in the area of the proposed meeting, turn over transcripts of the chatroom conversations, and supply other evidence that may have been sent, usually by email, to the “child” by the predator.  If the local police think they have a case, they lay a trap for the predator and, when he arrives to visit the child victim, they arrest him.

            It’s happened in Walpole three times since late December.

            In the first case, Perverted Justice volunteers contacted Walpole’s Det. Westney last December 26 to say that an apparent predator, 39-year-old Christopher McGuire of Peterborough, had proposed to meet one of their volunteers who had been posing in a chatroom as a 13-year-old girl at the North Meadow Plaza in Walpole.  The PeeJ organization sent Westney extensive chatroom transcripts, photos of McGuire that he had sent to the “girl” and even pornographic videos of himself.  Westney discussed the case with the County Attorney who encouraged him to move ahead. 

            McGuire showed up right on time but, to his surprise, five policemen met him,  took him into custody in the Plaza parking lot and charged him with attempted felonious sexual assault.  At the police station he claimed that he had come to Walpole simply to tell the young girl that she needed to be more careful in striking up relationships with unknown men on the Internet.  His story was contradicted, Westney says, by the supply of condoms he carried with him, and he gave a full confession.  He was indicted and is awaiting trial.

            In the second case, 21-year-old Andrew Kessen came from Brattleboro for his proposed rendezvous at an empty house the police arranged in North Walpole. Perverted Justice had previously supplied Walpole Police with transcripts of online chatroom conversations Kessen had had with a PeeJ volunteer posing as a 13-year-old girl leading up to his attempt to arrange a sexual rendezvous with her.  PeeJ also supplied a recent photo he had emailed to the girl he had hoped to meet that enabled police to identify him when he arrived.  Kessen’s case on attempted felonious sexual assault goes before the grand jury in Cheshire County later in April.

            Westney says the third case was the strangest so far.  In it, a 46-year-old real estate agent and contractor, John Trant Jr. of Hudson, NH, went through the usual routines that predators use, often over several months, to build trust with their young victims. He warned her against predators and attempted to give fatherly advice.  He created a video of himself eating birthday cake as a simulated celebration of her 14th  birthday.  Then he began sending her suggestive and pornographic photographs.  He didn’t know that all of his conversations and graphic emails were being archived by Perverted Justice volunteers.  And, he didn’t know that they were sending it all along to the Walpole Police after he proposed to meet the supposed “girl” at the Plaza in Walpole several weeks ago.

            When Trant arrived at the Plaza—on time—the rendezvous was completed.  But again it was with five officers possessing a solid attempted felonious sexual assault case.  True to form, he claimed that he had come simply to warn her about the dangerous aspects of her dealing with strangers in chatrooms.  His story was belied by the bed set up in the back of his crew cab truck, his supply of condoms, and the birthday cake in tow.  Having waived indictment, Mr. Trant’s case is set for its next hearing in May.

            “These people have problems,” says Det. Westney, “and they don’t know how to control them.  We just want to get them off the street.”

            To date Walpole’s is the only New Hampshire police force to be working with Perverted Justice.  Det. Westney says that Walpole’s small force would never have the manpower to develop these cases that may extend over many hours of chatroom back and forth before the predator shows his hand and begins seeking an in-person meeting.  But, with PeeJ volunteers collecting the evidence and delivering it pre-packaged to them, a review of the well-organized file and a quick arrest is all it takes to take one more predator off the street.

            “To date none of these predators have been from Walpole,” said Det. Westney.  “But we know that Walpole kids are online every day, and some of them are exposed to men like this seeking to gain their confidence.  We have kids in this age range ourselves, and we want to do all we can to discourage this sort of thing.”

            At the same time, Westney discourages individuals from trying to do what Perverted Justice does in identifying—and building cases against--child sexual predators.  “There is,” he says, “real expertise involved, and it takes sophisticated hardware and software to find and collect the evidence of online conversations, email and other items that must be gathered properly for use as courtroom evidence.  Leave it to professionals such as Perverted Justice or others that know how to do it right.”

            “Several of my guys would gladly contribute personal time to making these arrests,” said Westney.  “Taking guys like this off the streets is very satisfying work! And arresting predators sends a message to others like them that this kind of behavior is pretty risky.”

                                                --30--

PLANNING BOARD MEETING:  April 10, 2007  7:30 pm Town Hall

AGENDA

I.          Open Meeting

            A.  Roll Call/Designate Alternates

            B.  Approve Minutes of 3/13/07 and 3/27/07

            C.  Elect Officers for 2007:  Chairman, Vice-Chairman, Alternate nominations

II.            Review Applications Submitted:  Accept/Reject/Delay

            A.  Alyson’s Orchard Inc./Robert Jasse - Minor 3 lot subdivision located on Wentworth Rd., Map 5, Lot 2-9 in the Rural Agricultural zone.  Purpose is to re-configure Lot 1 of 13.75 acres and Lot 2 of 11.01 acres to include “conservation areas” and create new Lot 3 “not to be developed” of 13.03 acres accessed by a 50 ft. ROW across Lot 1.  (Joe DiBernardo presenting)

III.       Close Meeting/Open Public Hearing

            A.  Alyson’s Orchard

IV.       Close Public Hearing/Reopen Meeting

V.        Action on Alyson’s Orchard - Approve/Disapprove/Delay

VI.            Unfinished Business - Site Plan Review Amendment:  Review legality issue

VII.     Close Meeting/Open Public Hearing:  Site Plan Review amendment “Open Space Standards”.  Close Public Hearing/ Reopen Meeting

VIII.    Board discussion/action on SPR amendment:  Approve-Disapprove-Delay

IX.       New Business - Preliminary Review - Applications

            A.  Board of Selectmen - Bandstand Town Project

            B.  Walpole D & D - 13 lot subdivision and lot line adjustment on Hooper Rd.

            C.  Charlie and Sheila Lennon - 2 lot subdivision on North Rd.  (Joe Dibo)

            D.  Mary McMahon - 3 lot subdivision on Whipple Hill Rd. (Joe Dibo)

            E.  Tom Bogar - Lot line adjustment on Old Keene Rd. (David Mann)

            F.  Other

X.            Communications and Miscellaneous

            A.  Handouts:  Zoning changes, Letter to Mr. Tousley, N. Meadow Plaza maps

            B.  Master Plan Update:  Website, SWRPC scope/fees and GIS mapping

            C.  Discuss items for work session 4/24/07 and May meeting 5/8/07.

            D.  Other

XI.            Adjourn Meeting

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

MARCH 22, 2007

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.

Mr. Aldrich thanked Cindy Westover and her committee for the well organized Town Meeting and Ernie Vose for running a positive meeting.  He thanked Charles Miller and Sheldon Sawyer for helping him through his first year as the Chairman of the Board.

ELECTION OF BOARD OF SELECTMEN CHAIRPERSON:

Regina Borden, Recording Secretary, asked for nominations as Chairperson for the next year.

Mr. Sawyer nominated Charles Miller as the Chair.  Seconded by Mr. Aldrich.  There were no other nominations.  The Secretary closed the nominations and called for a vote.  With Mr. Sawyer and Mr. Aldrich in favor, the motion was approved.  Mr. Miller assumed the position as Chair for the 2007-08 year.

PUBLIC BUSINESS:

STUART BAILEY:  Following the Town Meeting vote, Mr. Bailey discussed ordering the bandstand and under-structure.  Since the Board of Selectmen is accepting this gift they will attend the next Planning Board meeting on April 10^th to present their plans.  Mr. Bailey also plans to attend and will bring copies of the sketches.  In the meantime, the Board of Selectmen will look at the site that will be in the north end of the Common but south of the flagpole.  Mr. Bailey hopes that it will be erected for Memorial Day.      

VETERANS’ MEMORIAL:  Bruce Martin would like to coordinate plans for an exact location for the Veterans’ Memorial now that the bandstand issue was voted on.  Mr. Sawyer felt that as soon as the snow is gone they could all meet to look at the Common.  The memorial will face south.  Bob Kasper will supply a plot plan done by Ted Fellows.

JOANNE TRAMANTOSI:  Joanne Tramantosi and Charles Reese, from the Department of Revenue Administration, were present.  Ms. Tramantosi distributed copies of the Assessment Review Report and reviewed the findings.  She will provide Elaine Moore with a complete list of the properties that were involved in this report.  Current Use, religious, charitable and other exemptions were discussed; updated current use maps can be requested every five years.  Homes are selling about 30% more than they are assessed for; the Town is at 70% for the real estate market.  Ms. Tramantosi said the contract for assessing and upgrades should go to the DRA for a review before the Town signs a contract but it would be in order for the Town to sign the General Maintenance contract.  Mr. Sawyer advised that they voted to hire Avitar Assessing Service during their last meeting.  Mr. Reese will contact Avitar to schedule a meeting to go over their procedures.   Mrs. Moore will contact Ms. Tramantosi, within the next two weeks, when the items have been taken care of to schedule another meeting. The DRA has staff that will go to a town for assistance if they ask for it.            

BALLAM FARM:  Attorney Robert Kasper distributed packets of information and copies of a “Notice of Public Hearing” for the property known as the Ballam Farm as follows: 

“Pursuant to the requirements of New Hampshire RSA 33:8-a, the Board of Selectmen of the Town of Walpole, New Hampshire will hold a public hearing on April 11, 2007 at 7:30 P.M. at the Walpole Town Hall regarding the proposed issuance by the Town  of an approximately $302,000 bond for the purpose of financing the purchase of a conservation easement and a 6 acre addition to the Town’s river well property in fee simple and for associated project costs to permanently protect the Ballam Farm property consisting of approximately 59 acres more or less in Walpole, shown as Map 12, Lots 1, 2, 3, and 4, located on the western side of Route 12 north of the Rite Aid.  TOWN OF WALPOLE, NEW HAMPSHIRE By Its Board of Selectmen”.

The Board of Selectmen approved this notice that will be published and posted.  Mr. Sawyer recommended contacting Cindy Westover and her committee to request that they work on getting good participation at this hearing and for the vote in May.

ATTORNEY ROBERT KASPER:  Attorney Kasper distributed copies of a draft proposal for Town Attorney services.  He felt it would be a benefit to the Town to have someone available for consultations and to attend some meetings.  The Board of Selectmen felt they would like some time to review the proposal before taking action.

ACCOUNTS PAYABLE:  Mr. Sawyer moved to approve the Accounts Payable check register and manifest in the amount of $153,618.61.  Seconded by Mr. Aldrich.  All in favor, so voted.

It was noted that $120,000 of the above amount is for the Walpole Fire District.

Mr. Aldrich moved to approve the voided check register and manifest for check No. 049939.  Seconded by Mr. Sawyer.  All in favor, so voted.

PAYROLL:  Mr. Aldrich moved to approve the payroll voucher for the week ending March 17, 2007, for gross wages in the amount of $22,341.23 or net wages in the amount of $12,232.42.  Seconded by Mr. Sawyer.  All in favor, so voted.

Mr. Sawyer moved to sign the payroll cover sheet for the rates of pay for the Town employees and the Hooper employees.  Seconded by Mr. Aldrich.  All in favor, so voted.

Mr. Aldrich moved to approve the payroll for the election workers for gross wages in the amount of $1,641.50 or net wages in the amount of $1,632.97.  Seconded by Mr. Sawyer.  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 $5,971.53.  Seconded by Mr. Sawyer.  All in favor, so voted.

TRANSFER:  Mr. Aldrich moved to approve the transfer of $500,000 from the Town of Walpole MBIA to the Savings Bank of Walpole and moved that the Chairman be authorized to sign the document.  Seconded by Mr. Sawyer.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- MARCH 15, 2007:  Mr. Aldrich moved to approve the Minutes of the public Board of Selectmen’s meeting of March 15, 2007,

corrections:  1) Page 3 – Town Hall Rental – correct motion, third line – change “live music will end at 10:00 PM and that it would be at a reasonable level so as not to disturb the neighbors” to “At 10:00 PM the live music will be tuned down to a reasonable decibel level that will not disturb the neighbors; the windows will remain shut.  The music will end at midnight”; and 2) 2007 Local Officials Workshop – Elaine Moore will attend both the Basic and Advanced Workshops.  Mr. Sawyer seconded the motion with corrections.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the minutes of the Planning Board meeting of March 13, 2007.

OLD BUSINESS:

AVITAR – CONTRACT AND PICKUPS:  Mr. Sawyer moved to approve and sign the Five Year Assessors Agreement from January 1, 2007, to December 31, 2011 with Avitar subject to any changes that the Board of Selectmen may want to make following the DRA review.  Seconded by Mr. Aldrich.  All in favor, so voted.

REGIONAL PROSECUTOR PROGRAM:  Mr. Aldrich moved that the Chairman of the Board be authorized to sign the Regional Prosecutor Program agreement.  Seconded by Mr. Sawyer.  All in favor, so voted.

NORTH – TOWN HALL REPAIRS:  Mr. Aldrich reported that Jay Chamberlain is ready to do the landscaping work at the north end of the Town Hall Building.  There was a consensus of the Board of Selectmen to publish and post notices that the Town is soliciting bids for repairs to the north end of the Town Hall. 

PLANNING BOARD – USE OF TOWN COMPUTER:  There was a consensus of the Board of Selectmen to deny the request from the Planning Board to have access to the Town computer, data base and server. 

IAN ZIMMERMANN LETTER REGARDING TOWN HALL USE:  Mr. Sawyer moved to approve and sign the letter to Ian Zimmermann regarding the Town Hall rental.  Seconded by Mr. Aldrich.  All in favor, so voted,

NEW BUSINESS:

GRETA V. HOWARD –TIMBER CUT- MAP 013-061-000:  Mr. Sawyer moved to sign the Notice of Intent to Cut Timber for Greta V. Howard.  Seconded by Mr. Aldrich.  All in favor, so voted.

BANK – CONCERTS ON THE COMMON:  Elaine Moore received a phone call from the Savings Bank of Walpole questioning if they would have to rent the tent for the band concerts on the Common this summer.  The Board of Selectmen signed the letter to the Savings Bank of Walpole stating that they hoped the band stand would be erected in time for the band concerts.

USE OF HALL FOR MONTHLY CONTRA DANCES:  Mr. Sawyer moved that if the date is available the Town Hall can be rented for one Saturday night a month for contra dances at the usual resident rental rate.  Seconded by Mr. Aldrich.  All in favor, so voted.   

USE OF THE TOWN COMMON FOR WEDDING:  Mr. Aldrich moved that the Board of Selectmen approve renting the Town Common to Scott Stevens and Laura Thompson for a wedding on July 14^th, 2007, at 2:00 PM.  Seconded by Mr. Sawyer.  All in favor, so voted.

Mr. Sawyer moved that the Board of Selectmen study the rental figures for Town properties.  Seconded by Mr. Aldrich.  All in favor, so voted.

JANITOR DUTIES:  The janitor requested temporary assistance with shoveling snow and heavy moving work. The Board of Selectmen felt the Highway Department could assist when necessary.

LIBRARY – PAYROLL SIGNATURE:  Mr. Sawyer moved that the Board of Selectmen approve the change in procedure for the Town Library payroll in accordance with the request from their Treasurer.  Seconded by Mr. Aldrich.  Mr. Miller was opposed.  With Mr. Sawyer and Mr. Aldrich in favor, the motion was approved.

CURRENT USE APPLICATION – DOROTHY AND GORDON FLETCHER – MAP 4, LOTS 37-38-40:  The Board of Selectmen passed-over this agenda item until the map is completed.

COCHRANE ROAD:  Before the Cochrane Road issue is voted on during the Town Meeting in May, Mr. Sawyer felt the Board of Selectmen should take a stand.  He does not feel that roads should be given up that are not maintained; the Town should retain this road as a Class VI road. 

Mr. Sawyer moved that the Board of Selectmen is opposed to discontinuing Cochrane Road.  Seconded by Mr. Aldrich.  All in favor, so voted.

UNIONS:  Mr. Sawyer mentioned that the Senate just passed a bill to allow the unionization of municipalities where there are three or more employees.  He felt that some action should be taken before it moves forward and suggested that letters be sent to the other Boards of Selectmen and representatives in this district.  The Board of Selectmen agreed to have Mr. Sawyer draft the letter.  

Mr. Aldrich moved to adjourn this meeting.  Seconded by Mr. Sawyer.  All in favor, so voted.  The time was 10:32 P.M.