Last  weekend's annual book sale sponsored by the Friends of the Walpole Town Library raised more than $3,800 thanks to MANY hours of volunteered work by a large group of townspeople led by Carol Christian.  It's a huge project with book collecting and sorting beginning in the spring, publicity, transporting of books from storage to the Town Hall, and the running of the sale itself.  Thanks to ALL the volunteers that made it such a success!

Walpole Historical Society Shop Special Sale Nov. 17-18

     The Museum Shop in the Old Academy building on Main Street, headquarters of the Walpole Historical Society, will be open for a special sale on November 17 and 18 in conjunction with the annual Walpole arts and crafts weekend prior to Thanksgiving.

    The shop, which has been recently redecorated and stocked with new merchandise, will offer an appealing selection of Christmas cards, Advent calendars, holiday invitations and an array of gift items. It will have a special sale area for excellent buys.  Also available will be the 2008 Windows on Walpole calendar that features houses built between 1875 and 1900 in Walpole and North Walpole.

    WHS volunteers will staff the shop, which will be open from 9 a.m. to 1 p.m. on Saturday, November 17th, and from 10 a.m. to 2 p.m. on Sunday, November 18th.  Admission is free.

Ed. Note: Thanks to Regina Borden, here are the minutes of the Selectmen's meeting of October 18. Not sure why some portions are in Italics; they'll probably be changed in the final version CCB

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

OCTOBER 18, 2007

Selectmen Present:            Charles Miller, Sheldon Sawyer, Whitney Aldrich

Mr. Miller called the meeting to order at 7:32 PM with two people present in the audience.

PUBLIC BUSINESS:

BILL BORCHERS – OLD JAIL SITE PROPERTY:  Mr. Borchers has maintained this small piece of land that was the old Town jail site for many years as it abuts his property.  The Deed was reviewed as well as the history of how the Town came to own it.  No taxes were paid on it for about 45 years.  The recent assessed value of the .04 acre of land is $1,800.00. 

Mr. Sawyer moved to offer the piece of land to Mr. Borchers for $1,800.00.  Mr. Aldrich seconded the motion.  Mr. Borchers counter-offered $1,000.00.  There was discussion relative to splitting the difference.  Mr. Borchers accepted the price of $1,400.00.  Mr. Sawyer and Mr. Aldrich withdrew their motion.

Mr. Sawyer moved that the Town sell the old Town jail site property off Main Street, Map #020, Lot # 035-000, to Mr. William Borchers for $1,400.00.  Mr. Aldrich seconded the motion and, with all in favor, the motion was approved. 

JOSH KELLY – BALLAM FARM:  Josh Kelly brought the Board of Selectmen up-to-date on the possible acquisition of the Ballam Farm as he continued to work on it following the Town vote.  He looked into private funding and started the process of assessing the ability to obtain the difference in funding and was happy to report that they are on their way to making this a reality through donations from individuals and foundations.  The Conservation Commission could use the Land Use Change Tax money that they agreed to contribute in the original proposal.  This would involve no new taxpayer money.  Negotiations are on-going with a new farmer.  The easements will be monitored once a year by either the Conservation Commission or the Monadnock Conservancy.  Mr. Kelly hopes to finalize negotiations with the owners of the Ballam Farm in mid-December.  He distributed a copy of the Trust for Public Land informational document on the Ballam Farm.  The Trust for Public Land would like to conserve this property and are working hard to do this.   

ACCOUNTS PAYABLE:  Mr. Aldrich moved to approve the Accounts Payable check register and manifest in the amount of $111,489.84.  Seconded by Mr. Sawyer.  All in favor, so voted.

PAYROLL:  Mr. Sawyer moved to approve the payroll voucher for the week ending October 13, 2007, for gross wages in the amount of $18,955.97 or net wages in the amount of $9,398.43.  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 $4,528.65. Seconded by Mr. Sawyer.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- OCTOBER 11, 2007:  Mr. Sawyer moved to approve the Minutes of the public Board of Selectmen’s meeting of October 11, 2007, as printed.  Seconded by Mr. Aldrich.  All in favor, so voted.

Board of Selectmen Meeting – October 18, 2007 – Page 2

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the Minutes of the North Walpole Village Board of Commissioners meeting of October 16, 2007.

OLD BUSINESS:

POLICE REFERENCE FIREARMS – REPORT FROM CHARLES MILLER:  Mr. Miller reported that the issue of the Police firearms was taken care of.

BOSTON POST CANE – REPORT FROM CHARLES MILLER:  Mr. Miller discussed the process used to identify the oldest resident in the Town and how the presentation of the Boston Post Cane was made to the North Walpole Village Board of Commissioners.

SCADA AND ALARMS – MARK HOUGHTON:  Mark Houghton made a presentation on the SCADA Upgrades and Alarm System during the last meeting. 

Mr. Aldrich moved to approve and sign the purchase order for E.O.S. Research in the amount of $11,965.00 for the SCADA Upgrades and Alarm System with the funding taken from the Sewer Fund.  Seconded by Mr. Sawyer.  All in favor, so voted.

ENGINEERING EVALUATION AND REPORT OF THREE WASTEWATER PUMPING SYSTEMS:  Mr. Aldrich moved to approve and sign the Engineering Evaluation with Hoyle, Tanner and Associates, Inc. in the amount of $10,600.00 for the three wastewater pumping systems (Mill Pond, Baileys and North Walpole wastewater pumping systems) with funding taken from the Sewer Fund.  Seconded by Mr. Sawyer.  All in favor, so voted.

PLAYGROUND UPDATE:  The Board of Selectmen received an up-date on the proposed playground for Whitcomb Park.

NEW BUSINESS:

BANDSTAND:  Elaine Moore reported that there is a broken rail on the bandstand.  Mr. Miller suggested that the Trustees of Trust Funds be asked about taking the cost for repairs out of the Stuart Bailey Fund that was set up for the bandstand.

TROLLEYS:  Mr. Sawyer asked Elaine Moore to research the price for enough trolleys to stack the chairs that are stored downstairs.  It will be easier to move them between the floors.

LETTERS TO BE SIGNED:

DALE FOSTER:  Mr. Aldrich moved to approve and sign the letter to Dale Foster.  Seconded by Mr. Sawyer.  All in favor, so voted.

FRANK COYLE:  Mr. Sawyer moved to approve and sign the letter to Frank Coyle regarding his property assessment.  Seconded by Mr. Aldrich.  All in favor, so voted.

Board of Selectmen Meeting – October 18, 2007 – Page 3

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Aldrich and, with all in favor, the motion was approved.  The time was 8:58 PM.

  

Book sale at Town Hall begins at 9:00 a.m. tomorrow at Town Hall!!  Sorry! I misstated it yesterday. CCB

Nugget Uno: The annual used book sale benefitting the Walpole Town Library is Saturday at the Town Hall with over 7,500 books to be sold at nominal prices! Hours are 10:00 to 2:00 p.m. Saturday and 11:00 a.m. to 2:00 p.m. Sunday. There will also be a large tag sale at the same time.

Nugget Dos: The Board of Trustees of the Town Library is conducting a survey of citizen opinions on everything libraryesque, and they want all of our ideas and suggestions.  You can pick up the survey at the library itself, at the library's North Walpole branch, and at the Drewsville General store.  Survey forms will also be available at the book sale.  Please share your opinions an suggestions.

CCB

Ed. Note:  This important note is from Rev. Telos Whitfield of the Walpole Unitarian Universalist Church.   It's an important, ecumenical project that exemplifies  all that is good about Walpole.  CCB

Walpole Giving Tree Project in Search of Families in Need

      The church congregations of Walpole have a Community Christmas Fund, and every holiday season the area clergy join with the Ecumenical Youth Group to offer the Giving Tree Project to families in need. This project offers holiday gifts to families in Walpole and North Walpole. An offering is taken at the Community Thanksgiving Service to support this fund. This year’s service will be on Wednesday, Nov. 20 at 7pm at the Walpole Unitarian Church. If you know of a family that could benefit from being part of the Giving Tree Project, please contact Rev. Susan Kershaw at St. John’s Episcopal, 603-756-4533, Rev. Larry Seibrands of the Walpole Congregational Church, 603-756-4075,  or Rev. Telos Whitfield of the Walpole Unitarian Church at 802-376-4977. The deadline for entry into the Giving Tree Project is November 15. Let us come together as communities of faith to support one another.

Historical Society Sponsors Valley Consort Concert on Sunday Afternoon, October 28

     Music from the Courts of France and England during the 16th and 17th Centuries will be presented by the Valley Consort at a concert sponsored by the Walpole Historical Society on October 28th.

    The concert will be performed starting at 4:00 PM in the Unitarian Church in Walpole. Instrumental music of the period will be played on the viola de gamba, a bass member of the viol family having a range approximating the cello. Readings by James Fowle of Thetford, VT, will provide context.

    The featured performers are: Judith Davidoff, founder and director of the New York Concert of Viols, a well known soloist on the viola de gamba who has appeared in many venues here and abroad. She is on the faculty of Sarah Lawrence College. Performing with her on the treble and tenor viols will be Alison Fowles of Thetford, VT., and Phyllis Olson of Walpole.

    Ms. Fowle is a long time member of the New York Consort of Viols and well known as a cellist and teacher in the Hanover/Thetford area. Ms.

    Olsen was a founding member of the Baltimore Consort and of Pro Musica Rara, an off-shoot of the Baltimore Symphony. A former president of the Viola Da Gamba Society of America, she taught early music at Towson University. Mr. Fowle retired from the faculty of the Rhode Island School of Design.

    Ticket are $5.00 for students, $10.00 for members of the Walpole Historical Society, and $15.00 for the general public. They are available at the door. The concert is a benefit for the ongoing maintenance and repairs for the historic Academy building, headquarters of the WHS. Call Phyllis Olson (756-0968) for more information.

    Funding for this concert was provided by the Ira S. and Gertrude S.

Hubbard Memorial Fund of the New Hampshire Charitable Foundation.

Ed. Note: Thanks to Regina Borden, here are the minutes of the October 11 Selectmen's meeting.  CCB

 

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

OCTOBER 11, 2007

Selectmen Present:            Charles Miller, Sheldon Sawyer, Whitney Aldrich

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

PUBLIC BUSINESS:

RED SMITH – 1834 WASHINGTON SQUARE:  Red Smith wanted to be sure that all the information that the Board of Selectmen would require was included in the Building Permit for 1834 Washington Square that will be known as the “Griswold Place”.

BUILDING PERMIT:

1834 WASHINGTON SQUARE II, LLC. – MAP 020-063-000:  Mr. Sawyer moved to approve Building Permit No. 2007-050 for 1834 Washington Square II, LLC to do renovations and reconstruction of the building located at 16 Westminster Street.  Seconded by Mr. Aldrich.  All in favor, so voted.

PUBLIC BUSINESS (Continued):

TRACIE SMITH – TOWN HALL RENTAL:  Tracie Smith explained that the rental of the Town Hall would consist of a contra dance fundraiser on December 9^th, 2007, from 4:30 to 10:30 PM.   

Mr. Sawyer moved to allow Tracie Smith to use the Town Hall on Sunday, December 9^th, 2007, and to pay the normal fees.  Seconded by Mr. Aldrich.  All in favor, so voted.

RANDY DANIELS – ROAD UPGRADE:  Randy Daniels advised that the next step in their plans to develop property is to upgrade Hooper Road.  It is their intent to have Hodgkins and Sons do the work; Jim Terrell, Road Agent, will oversee the project.  He requested that the Board of Selectmen waive the bond option.

Mr. Sawyer moved to exempt Randy Daniels and Fred Dill from obtaining a bond for the road work.  Seconded by Mr. Aldrich.  All in favor, so voted.

ACCOUNTS PAYABLE:  Mr. Sawyer moved to approve the Accounts Payable check register and manifest in the amount of $49,250.36.  Seconded by Mr. Aldrich.  All in favor, so voted.

Mr. Aldrich moved to approve the check register for two voided checks – Nos. 051030 and 051105.  Seconded by Mr. Sawyer.  All in favor, so voted.

PAYROLL: Mr. Aldrich moved to approve the payroll voucher for the week ending October 6, 2007, for gross wages in the amount of $16,941.37 or net wages in the amount of $8,361.89.  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 $4,036.78.  Seconded by Mr. Aldrich.  All in favor, so voted.        

Mr. Aldrich moved to approve payment of the bill in the amount of $225.00 for Robie Speed.  This will be taken out of the Fannie Mason Forest Fund.  Seconded by Mr. Sawyer.  All in favor, so voted.

Board of Selectmen Meeting – October 11, 2007 – Page 2

MINUTES –SELECTMEN’S MEETING- OCTOBER 04, 2007:  Mr. Aldrich moved to approve the Minutes of the public Board of Selectmen’s meeting of October 04, 2007, as printed.  Seconded by Mr. Sawyer.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the Minutes of the following meetings:  1) North Walpole Village Board of Commissioners - October 02, 2007; and 2) Zoning Board of Adjustment –Special Meeting- October 09, 2007.

There was a consensus of the Board of Selectmen to have Mr. Miller, Chairman, visit the North Walpole Village Board of Commissioners to explain the process used to present the Boston Post Cane to the oldest citizen in Town.       

BUILDING PERMITS (Continued):

CHRISTIAN GOWDY – MAP 012-072-000:  Mr. Aldrich moved to approve Building Permit No. 2007-049 for Christian Gowdy to construct a 72’ x 16’ addition to an existing barn on the Old Drewsville Road.  Seconded by Mr. Sawyer.  All in favor, so voted.

PETER GRAVES – MAP 005-016-000:  Mr. Aldrich moved to approve Building Permit No. 2007-051 for Peter Graves to construct a 12’ x 24’ storage shed on the County Road.  Seconded by Mr. Sawyer.  All in favor, so voted.

OLD BUSINESS:

QUESTION REGARDING HOCKENSMITH REQUEST:  Mr. Sawyer clarified that Attorney Hockensmith should be sent the information that he does not have in reference to the Berkshire – Walpole LLC matter.

NEW BUSINESS:

DRA – SET TAX RATE:  The Board of Selectmen will meet with the Department of Revenue Administration to set the tax rate on October 18^th, 2007, at 3:30 PM.  Elaine Moore will notify the Village of North Walpole Board of Commissioners and the Treasurer of the Walpole Fire Precinct of this date and time.

RICK COOPER – VACATION TIME:  The Board of Selectmen acknowledged the request from Rick Cooper to take vacation time from October 16^th through 20^th, 2007.  Mr. Coburn will be in charge during his absence.

ELAINE MOORE – 2007 LGC WELFARE CONFERENCE – NOVEMBER 08, 2007:  Mr. Aldrich moved to authorize Elaine Moore to attend the 2007 Local Government Center Welfare Conference on November 08, 2007.  Seconded by Mr. Sawyer.  All in favor, so voted.

MARK HOUGHTON – SCADA UPGRADES AND ALARM SYSTEM: 

Mark Houghton received a map outlining where the Wellhead Protection area is and gave it to the Board of Selectmen.

Board of Selectmen Meeting – October 11, 2007 – Page 3

The sewer pump stations in North Walpole are being checked each morning.  Mark Houghton has a proposal from Hoyle, Tanner Associates to do engineering work on the pump station systems to change them.  The contract would be for $10,600.00.  He would like to do this before December 31^st, 2007.                 

Mark Houghton talked to E.O.S. Research and they have given him a proposal to upgrade the Water and Sewer SCADA computer monitoring system.  The contract price would be $11,965.00.  This would eliminate the need to physically do the pump stations every day.   

CHIEF HEWES – FIRE ARMS:  It was agreed to have the Board of Selectmen’s representative talk to Police Chief Hewes about the fire arms before making a decision.

REGIONAL PROSECUTOR PROGRAM:  There will be a meeting of the County of Cheshire SRPP Advisory Committee on October 30^th at 5:00 PM in the Jury Assembly Room at Cheshire County Superior Court.  Mr. Aldrich is the Board of Selectmen’s representative.  The meetings are open to the public.

CHAMBERLAIN MACHINE:  Mr. Sawyer feels that it is imperative that consideration be given to how the Town can promote having Chamberlain Machine relocate here and yet protect the aquifer.   

Mr. Sawyer moved that the Board of Selectmen vote in favor of trying to get Chamberlain Machine to relocate to the Town of Walpole.  The Board of Selectmen wants to be sure that the Wellhead Protection area is protected, as this is valuable for the Town, but Chamberlain Machine can work with the Water Superintendent to make this possible.  Seconded by Mr. Aldrich.  Mr. Miller was opposed.  With Mr. Sawyer and Mr. Aldrich in favor, the motion was approved by a 2-to-1 vote. 

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Aldrich and, with all in favor, the motion was approved.  The time was 8:58 PM.

Respectfully submitted,

Regina Borden, Recording Secretary

                                                                   

                                                                   

Ed. Note: Here are Lucy Weber's thorough notes from last Wednesday's important Zoning Board meeting.  We are disappointed that Lucy is resigning from the Board, but we fully respect and support her determination to serve all of us as effectively as possible in Concord. Lucy contributes an amazing amount care and ability to the needs of our community with a boundless sense of good humor! CCB

ZONING BOARD OF ADJUSTMENT

Walpole, NH  03608

Minutes-----17 October

PRESENT:            M. Mansouri, Ch., J. Galloway-Leclerc, L. Carignan, L. Britton, L. Weber, B. Webb, MT. Lester

Note:  These minutes are unapproved and will be reviewed on 21 November 2007 for errors, omissions and corrections.

The meeting was called to order at 7:31 pm., following a site visit to the Chamberlain Machine shop on Route 5 north of Bellows Falls Village.

CONTINUED PUBLIC HEARING:  Frank W. Whitcomb Construction Corp., by Richard A. Fraser, One Source Properties & Permitting, LLC., Gravel Pit Permit Application.  Ms. Mansouri opened the Frank W. Whitcomb permit hearing which was continued from 9 October 2007.  Ms. Mansouri has received a communication from Mr. Fraser saying that FWW is not ready to proceed at this time, and requesting that the hearting be continued to the December meeting of the ZBA.  It was moved, seconded and unanimously approved that the hearing be continued to the regular meeting in December.  The hearing will reconvene on at 7:30 pm on Wednesday, December 19, 2007 in the Town Hall.      

PUBLIC HEARING #2:  Chamberlain Machine by Gary Kenyon, Esq.,  Special Exception, Map 14. Lot 4, Former Hubbard Farms property, west side of Route 12.

  Atty. Kenyon gave the background of the application.  Chamberlain Machine is a family-owned company run by Judy, Bob and Scott Boynton in Bellows Falls, VT since the 1940s.  The precision machine shop fabricates pumps and components in a 30,000 plus square foot facility.  Their business is not drying up, they are not outsourcing, and they are bursting out of their current facility.  The 12 acre site on route 12 is ideal for them.  Rob Hitchcock, Civil Engineer, prepared the plans which were shown as part of the presentation.  Because the site is to be used for manufacturing in a Rural/Agricultural District, this application is for a special exception.  If approved, the project must still go to the Planning Board for site plan approval.

  Rob Hitchcock, Civil Engineer, of SVE Associates, Keene, went over the maps of the site.  He pointed out the subdivision which will be the Chamberlain Machine site, showing the existing Hubbard Farm buildings.  The proposal is to reconstruct the existing road to the parking lot, and construct a new building which will include 26,000 square feet of manufacturing space, 15,000 square feet of office space and 4500 square feet of loading space.  Town water and sewer are on site.  Storm water retention will be provided for on site.  There will be 14 parking spaces by the office and 80 parking spaces further back.  In answer to a question by  Chas Street, he confirmed this meant the total square footage would be 41,000 or 42,000 square feet.

  Mr. Frost asked if the parcel was 8 acres as stated in a newspaper article.  Mr. Kenyon said the parcel is about 12.15 acres.  The existing use is as a chicken hatchery, with 31,000 square feet of buildings currently occupying the site.  These buildings will be removed, and replaced by a 40,000 plus square foot facility with 50 current employees.  This will give Chamberlain more space to operate more efficiently, with room for limited expansion with more employees.  The Board was given photos of the existing site.  The town tax assessment characterizes the current use of the site as an industrial use, the master plan says it is a commercial use, and others, including the ZBA, have said it is an agricultural use.  The Town considers it industrial or commercial. 

  Chamberlain is seeking a special exception.  Mr. Kenyon pointed out what this is.  It is not a variance, which is obtained when a use is prohibited.  Under Article VIII. C. of the Zoning Ordinance, this use is permitted by Special Exception.  The use is permitted, but subject to specific standards and conditions which must be addressed.

  First, Article VIII.C.1 (a) requires the consideration of a Planning Board recommendation based on its determination of the unavailability of, or inadequacy of property currently zoned for industrial use, and that the proposed use is consistent with the Master Plan.  The September minutes of the Planning Board reflect that it voted approval of the proposed use. With respect to industrial land, Chamberlain looked for industrial land elsewhere, but no lots were available as good as this lot.  The industrial park on Route 12 South was ruled out because it lacks three phase power. With respect to the Master Plan, the town wants to encourage a balance of manufacturing and industrial uses in appropriate places, for example, along the major highway.  The Planning Board gave a positive recommendation.

  Section 1 (b) requires that the proposed use not infringe on the primary established use of the district.  There are two possible views—the entire Rural/Agricultural district, or this particular neighborhood.  It is clear this use is not going to infringe.  The primary use in the entire Rural/Agricultural district is residential.  In the immediate neighborhood, there is the Malnati farm to the south, and commercial, manufacturing and residential uses in the other directions, so there will be no infringement on the primary use.

  Section 1 (c) addresses a package of items, such as health hazards, property values, noise , vibration, traffic, unsanitary conditions, noxious odor, and smoke.  Nick Sanders, PE, of Vanesse Hangen Brustlin, Inc. of Bedford was introduced to speak to the traffic issue.  Mr. Sanders outlined the steps taken to prepare the impact study.  He collected traffic counts off Huntington Lane.  The peak hours are 7 to 9 am and 4 to 6 pm.  Here, the peaks were at 8 am and 4 pm.  The peak hour count was seasonally adjusted using Department of Transportation guidelines and forecasts were evaluated for 2008 and 2018.  The counts reflect the detour due to the closing of the Cold River bridge on Route 123.  DoT does not expect the new bridge to open until the end of 2008, so they assumed the detour would still be in place in 2008, but not in 2018.  The study started with the no-build traffic.  Then they collected data from the existing 33,000 square foot facility in August of this year to figure the trip generation rate per thousand feet of facility space.  This produced an average of 45 peak hour trips in the morning, and 50 peak hour trips in the afternoon, or less than one car per minute, for a 2% to 5% increase in traffic at that time.  The numbers are on the high end to the north, less to the south, and still less to Upper Walpole Road based on the home addresses of current employees.  The traffic analyses show little or no change in traffic to Route 12, with no delays in the main line, and minor possible delays to side streets.  There will be very little impact to Upper Walpole Road.  It does not require a signal.  Very little increase or delay will be noticeable to the average motorist.

  Bill Tyson said it was excessive if 50 employees are leaving at a single time with one traffic line trying to get out  all at the same time.  It will be noticeable and prone to accidents. Mr. Sanders said there will not be a huge dispersion because the employees do not all come at the same time.  The stacked queue waiting to turn should not be in excess of a couple of cars.  Mr. Tyson said he could not accept that.  Mr. Kenyon said the facility runs on flex time between the hours of  7 am and 7 pm.  The traffic will not disperse all at once.  Mr. Sanders said it was not just two people out at once but that the maximum queue would be two vehicles waiting.  Mr. Tyson requested that flex time information be given to the Board.

  The peak periods for truck traffic are from 6 to 9 am there is one truck entering and then exiting, and between 3 and 6 pm there are an additional one to four trucks in and out, so five trucks total over the six peak hours.  John Hensol said the ten year forecast showed a very small increase and asked, forgetting the bridge, what is the increase in the past ten years in Route 12 traffic?  Mr. Sanders said he was saying that the project would add 3% traffic to the north and 2% to the south and Upper Walpole Road.  The growth of traffic generally over ten years period was 1.5% per year, so he added that in to produce the figures for 2018.  Mr. Hensol stated that before the Planning Board, Chamberlain stated the proposal would produce hundreds of jobs and a big rise in employment.  The forecast is not here.  What happens when the plant expands?  It could double in size so the figures are not realistic.  Mr. Kenyon had Chris Miller from Chamberlain Machine explain those figures.  If you look at the minutes, those figures were given for a proposed complete rezoning of the entire 43 acre parcel and an industrial park with four or five businesses the size of Chamberlain.  Chamberlain Machine hopes to grow but not by hundreds of employees.  Ms. Weber asked how many employees did Chamberlain expect to have in ten years?  Mr. Miller said they expect 5% growth per year for ten years.

  Barbara Dretzin asked of they considered the potential development of the commercial land across the street?  Mr. Sanders said that was included as part of the 1.5% per year growth rate, but it is not standard practice to include projects other than ones which have been approved.  Barbara O’Connor stated this project will result in doubling the rate of growth of traffic in a year.  Mr. Sanders said that in the first year the growth would go from 1.5% to 3%, but that in future years it would be much less.  Clancy Houghton asked when do people actually leave the plant, and if data was collected in August were people on vacation?  Mr. Miller said the plant closes in July for vacation.

  Jennifer Palmiotto asked if the truck data was gathered on only one day.  The reply was that the data was not collected over a full day.  Ms. Palmiotto asked what materials the trucks carried.  Mr. Miller said that generally there are a couple of trucks in the morning bringing raw materials, casting and bar stock, and three trucks in the afternoon with goods to be shipped.  So the amount captured in the data collection is most of the daily trips?  Yes.  The trucks are commercial carriers, including tractor-trailers and UPS or Fedex as well, all included in the five trips a day.  Mel Schupack asked for clarification of the cars leaving between 4 and 6 pm as the 50 employees leave.  Mr. Sanders said he took the peak traffic on Route 12, and then added in the peak traffic from Chamberlain, and expected a total of 50 vehicles, 45 going out and 5 going in.  George Watkins asked if a traffic light would be installed.  How does the traffic department determine this need?  Mr. Sanders said there is a manual with standards for requiring a traffic light.  Neither the peak hour volume nor the side street volume meet that warrant, so he cannot imagine that the State would require a signal.

  Mr. Hensol said that we will have to live with the project for a long time.  Flex hours interfere with production, and then flex hours go, and there is a bigger peak.  Then we are headed for a traffic light and that would signal unlimited development across the street, and he wants the Board to consider it.

  Toby Tousley asked if Mr. Sanders was a professional engineer, and Mr. Sanders said he was.

  Mr. Kenyon returned to the issues of noise, vibration, smoke, etc.  The site visit held for this application so you could get a good idea from the existing plant.  There is no excessive noise.  The building is climate controlled, there are no open windows.  There is normal heating, ventilating and air conditioning, with intense recycling and other controls.  There is no smoke or anything other than normal HVAC operations.

  With respect to the requirement that the project cannot reduce property values, a letter from John Newcombe from Monadnock Appraisal Company, in Keene, addresses the issue of the proposed use.  The letter says it would not impact the value or the marketability of the surrounding properties.

  They are proposing a machine shop.  Part of the property is in the wellhead protection area.  Two letters were submitted from Steve Brackett, Senior Geologist at Brackett Geosciences in Keene.  Mr. Kenyon said they are aware of Walpole’s wellhead protection ordinance, and that they will need to get a conditional use permit from the Planning Board.  They will do that along with the site plan approval, and this permit could be conditional on that.

  Mr. Brackett then outlined his opinion on potential environmental impacts.  He is a professional geologist in Keene.  He has seventeen year experience evaluating contaminated sites and has also reviewed public databases on contaminated sites.  His opinion is that there is insignificant environmental risk.  Machine shops were a risk in the past, with solvents, cutting oils and poor handling and disposal practices.  Those practices are no longer allowed.  In the State of New Hampshire, of 12,000 remediation sites, 20% are are chlorinated or petroleum sites, and none in the past fifteen years are in machine shops due to changes in practices.  Changes have occurred in state and federal law and in business practices.  Businesses like this no longer represent a statistical risk.

  The town well is on the bank of the river due west of the property location.  With an Ivy League degree, obtained at great expense, Mr. Brackett is sure that water flows downhill.  The groundwater flow is north to south along the Connecticut River.  If this was the first site in fifteen years to have a release, the direction of the ground water would carry the plume south away from the well.  Ms. Mansouri asked the difference between a geologist and a hydrologist.  Mr. Brackett said that a hydrologist deals with the deals with surface water.  He is an environmental or hydrogeologist.  Hydrogeology deals with the flow of groundwater.

  Mr. Tyson took issue with an insignificant risk, and asked why take any risk.  Flow to the south could damage the farm to the south if not the well to the west.  The response was that would preclude and development anywhere. Mr. Tyson said that is disingenuous, the point is sticking with the aquifer.  George Watkins asked about the control of runoff from the parking area.  Mr. Hitchcock said they will have to collect it and treat it.  If the runoff goes across grass, the oils volatilize, or runoff would be collected in catchbasins and treated.

  Mr. Shupack said with respect to the aquifer underneath, isn’t there some dispersion rather than directional flow?  Mr. Brackett said that was generally correct.  If you have a contaminated site, there is some dispersion out.  The plume is usually measures in tens of feet.  It is rare that it is 100 feet.  Mr. Hensol said the aquifer is a horizontal water bearing area, not a stream therefore there will be dispersal throughout the aquifer.  Mr. Brackett said water moves through every aquifer in the world.  It flows in one defined direction.  That could change if it hit a barrier, but there is nothing in the sand and gravel of the Connecticut River valley that would divert the flow.  Contamination starts at a point, and then goes with the flow in an elliptical shape, not in all four directions.  It is not like a bowl of water. 

  Ms. Palmiotto asked if there was a delineation we could see tonight.  Mr. Kenyon produced an aerial photo.  Almost all of the site is in the wellhead protection area.  Ms. Palmiotto said that the wellhead protection area is delineated by the EPA and is one of the biggest of the 15 stratified aquifers in the state.  The town lost our other well this summer, it went dry and this could be our only source.  Mr. Houghton noted that water in the brook to the south flows into the river and water running south could end up in the brook.  Mr. Brackett said we are talking at water at a depth of 65 feet.  Sheldon Sawyer, selectman, said that the well ran dry this summer because of a mechanical malfunction which was not fixed in time.  The well has replenished.  Joan Hughes asked if the company expands, how will that affect the water situation?  The facility does not use as much water as people would use at home.  Mr. Tousley asked if there were 40 houses on the site, what impact would that have?  That would mean 40 275 gallon fuel tanks, and herbicides, fertilizers, and pesticides.  Machine shops have no sites with problems.  Three quarters of the new sites with problems are residential fuel oil spills, so residential fuel oil tanks are more risky.

  Krystyna Marcom said the Connecticut River was very low this summer, and water replenishment is an issue.  A question was asked about spills on agricultural land.  There are very few, and are related to high intensity orchard pesticides, a practice not generally used in New Hampshire. 

  Mr. Kenyon resumed the discussion of unsanitary conditions.  The property is on town water and sewer and the project would not have any large or unusual impact on the town sewer.  Nor would it be a specifically high draw on the town water.  There should be sensitivity to the well head issue, and they will get a conditional use permit from the Planning Board.  The industry is so highly regulated it is clean and less risk than a residential subdivision.

  Offstreet parking was already addressed on the plan, as were provisions for adequate setbacks.  All have been complied with as part of the proposal.  As part of the site plan proposal, the access road will be moved further south from the existing homes, and a vegetative buffer will protect the residences.

  In summary, the Special Exception application is for an ideal light manufacturing facility, locally owned with a good track record, which would provide diversity for the town tax base.  Attorney Kenyon then asked for questions.

  Dr. Clarence Meyer, abutter, said he highly recommends approval.  Red Smith said with respect to the aquifer and the brook, that tons of cow manure and chicken manure and fertilizer have been put on that property, and there were no dead fish in the Connecticut as a result, and no dead person or animal.  The project should go forward. 

  Jerome Galloway of Wentworth  Road, spoke in favor of the proposal.  He said blue collar, middle class people need jobs in Walpole.  With Hubbard downsizing and buildings being taken down, this would replace some jobs lost from Hubbard.   It is an insignificant amount of land lost to open space or farm land.  The cost benefit balance is its yield to the town is minimal as is.  Tax dollars and jobs would benefit the town.  No one has seen a Hubbard Farms chicken in forty years.  It is a high tech industry, bioengineering, closer the Chamberlain Machine’s operation than a farm.  He has heard nothing negative said about Chamberlain and a lot of good.  We also need high density housing to provide for the people of the town.  Consider the needs of the people and the town and approve the project.

  Paul Trask said he had lived in town for forty years and his wife Evelyn had lived here all her life.  We need good clean jobs in town.  They have a grandson in Iraq, and he will need a good-paying job when he comes home.  He presented a letter to the Board for inclusion in the file.

  A letter was read from Ms. Dretzin opposing the project.  The town voted against rezoning this property.  The applicant did not speak to the possibility of locating in the industrial park or in Westmoreland.  The town should see that three phase power is available on land approved by the town.  She expressed concern about the town water system.  We need a thoughtful master plan.  There are traffic problems created along with the land across the road.  She favors a moratorium on industrial applications to preclude cherry-picking development.

  Bill Lutz, owner of the industrial park, said that Chamberlain had not approached him.  Granite State Electric says that three phase can be brought in, it just costs money.  Mr. Frost said that he had lived in town 44 years.  His children will be forced out of town.  The town needs good clean businesses like Chamberlain.

  Mr. Schupack read a statement from the Conservation Commission.  They have a particular concern about the primary water resource.  Concern about the water supply should trump the value of development.  We need to minimize the risk to the well head.  They urged the maintenance of current zoning.  Suitable alternatives exist with better zoning.  The parcel in back of the Creamery and Walpole tire is 16 acres.  Randy Daniels said the industrial park does not have three phase or water.  The water there is deep and it would be difficult to get adequate water for a sprinkler system.

  Peter LaHayes, former Rockingham Town Manager, said he was a vendor and a customer of Chamberlain Machine.  It is an excellent company and they are sad to lose it; it couldn’t be better.  He thinks the issue of traffic is nearly non-existent.  North Walpole has 200 or so cars going in and out, and it is not a problem.  There are 500 or so jobs in Rockingham without a problem.  Cars have more risk in their gas tank than Chamberlain Machine has in one year.  He supports the application.

  Ms. Marcom said that the building, as more than 40,000 square feet, does not comport with current zoning.  Ms. O’Connor said that the Planning Board said our own water people are against this location for Chamberlain.  The ZBA should hear proof that there is no other land available.  The handling of the matter before the Planning Board was lackadaisical.  There is land to the north of the plaza for sale and water and sewer could be extended to it.  No one on the Board inquired about that land.  There is no reason why we can’t have standards to protect farm land and water.  This would be a good project in another more suitable place.  Planning should not be by exception to the ordinance with every project accepted.  Ms. Mansouri responded that each case is decided on its own merits.  Ms. Weber said that special exceptions must be granted if they meet the standards set out in the ordinance.  Ms. O’Connor said yes, but they must be consistent.  Ms. Mansouri said the standards are consistent.  If they are not met, the exception is not granted.  If they are met, it is granted.

  Mr. Sawyer spoke for the Selectboard, which has voted.  They want the well head protected.  Chamberlain can work with the Planning Board and the water department to protect the wellhead.  There is a shortage of jobs.  Hubbard and RN Johnson are decreasing.  Abatements have lowered the tax basis.  Bensonwood and Burdick’s both got special exceptions.  Bensonwood was built on prime ag land, but it brought value to the town.  The shopping center provides lower paying jobs.  We need a balance of businesses for the tax base.  We don’t have an industrial area in town with water, sewer and three phase.  The industrial park has none of the three requirements and is now entirely commercial.  Three phase needs to be part of the industrial package.  There are already dilapidated chicken houses on the property.  There is no possibility of farming this land.  The Selectmen turn down worthy projects every year because of the tax burden.  Increased tax basis would help with this.  Bensonwood uses generators to address the three phase issue.  Hubbard’s will leave in the future with a negative impact on the tax rate.  There is also an aquifer under the industrial park and the traffic issue would be the same there.  A majority of the Selectboard encourage the granting of the special exception.

  Robin Fernsell said that she backs the benefits to the town.  She agrees that there is no agricultural use left to this property.  Her family here knows the company and it is a great company with great jobs, and a benefit to the tax basis.  Res Smith said that if we go along with the Not In My Back Yard folks in denying this opportunity, other companies will not look here, and we need this.  Clancy Houghton said that alternative places need not be in town.  Westminster and Charlestown are alternative places, and there could be other alternative places.  Ms. Mansouri said that we are presented with this proposal at this time.  It is the Planning Board’s purview to deal with this issue and they have done so.  Their recommendation is non-binding, but we deal with aspects of the special exception in that specific area.

  John Hensol said he had a petition to present.  He said the facts are askew.  Mr. Sawyer spoke about the power issue for Bensonwood.  Mr. Hensol quoted Mr. Benson as saying  that he saves money by using generators instead of three phase.  Why not build at the industrial park?  Chamberlain Machine said at last year’s hearing their employees would not travel that far.  How many do they employ now?  Just under fifty, and all will come to the new facility.  Only five new jobs will be created.  The fact that Town Meeting voted to reject rezoning was not raised here tonight.  That should be part of the consciousness brought to the issue.  The owner of the industrial park ought to be contacted for a proposal.  It is not accurate that other land is not available.  Why are we so busy drawing up a Master Plan if the Zoning Board will not follow it?  If the prior use was quasi-industrial, then Hubbard was not complying with the ordinance all along.  They have nibbled away at the farm land.  If the project cannot be turned down if all objections are met and all requirements are in by law we have an industrial park anyway.  Once the ag land is gone, jobs, taxes and schools will be problems.  This project will infringe on the primary use as they are changing agricultural use to industrial. 

  With respect to noxious use and traffic, the potential for a traffic light is suicidal.  The state will take over and as many as required will be put in.  Walpole is a different world.  We should create more arm jobs.  The Zoning Ordinance preamble requires that we guide the character of development of the town.  Keep a view towards the future of the town, and don’t create an industrial park the town voted against.

  Ted Benson said that he respected Mr. Hensol, but resented being misquoted and quoted out of context.  He had a phone conversation with Mr. Hensol some time ago on a busy day and did not expect the conversation to be used in this context. Three phase has been made to work and has sometimes been very efficient.  There are people who have three phase and still generate their own electricity.  He bought his land at a very good price, so paying $85,000 for a generator, plus $35,000 for a pond for fire protection, plus $75,000 for septic system plus $50.000 for an extra generator to work fire pumps was acceptable when added to the cost of the land.  They have been down and out of operation for five days for generator malfunction.  But if he were paying $50,000 an acre he could not afford these expenses.  Bensonwood is also looking for a new site and is not looking at anything without three phase and town water and sewer.  You need to look at the total picture. He would love to make the industrial zone south of Bensonwood work, but it is a gravel pit.  If you build there, you would have to restore the gravel pit.  To make it a decent place to work, you have to have the sewer and water.  The water there is very deep.  Bensonwood’s current well is 300+ feet deep and the water is still not good to drink.  It is not a good industrial zone for Walpole.

  Jeff Miller from the Planning Board reiterated the Planning board view and his own.  This use is in the existing land use plan.  A section of the plan says there should be nodules of development along Route 12.  They did not want strip development, but rather light industrial uses set back from the highway.  This seems to be suitable but the specific places were not identified by the town.  The current site will never grow vegetables.  The site was recommended based on that. The Chamberlain family is known and it is a strong, family owned company.  Pinnacleview wanted to expand its commercial site just north of this, and the town supported that.  This is the same kind of thing.  A special exception is approved if it meets the criteria.  He thinks it is appropriate here, and hopes the special exception is granted.

  Mr. Street said he had been in town for seven years.  He has lived around the world and around the United States, and the town is unique.  Two towns he lived in were as beautiful as Walpole but they are not beautiful now.  The area was not voted to be rezoned.  Chamberlain is an exceptional machine company but the Planning Board did not do its best to vet whether other sites were not available.  Other sites may not be within driving distance or not in New Hampshire.  If you find a reason to rezone or change the use, it continues and we are in a place where one of us can raise our children.  All alternatives were not exhausted. 

  Mr. Kenyon addresed two issues by quoting from the Ordinance.  To answer Ms. Marcom’s objection that the building is over 40,000 square feet, the ordinance prohibits only a “retail commercial building” over 40,000 square feet.  To answer Mr. Street, the Planning Board already decided the issue, and an exhaustive search for lots is not required.  The ordinance said “property currently zoned for industrial, manufacturing or commercial operations is either unavailable or inadequate for the proposed use.”  Many factors go into the decision.  Other lots are inadequate or unavailable.

  Ms. Palmiotto submitted a statement from Granite State Rural Water Association which was read by Ms. Mansouri urging the protection of the water supply.  She outlined the Master Plan.  In 2002 , Rural Water was asked to develop a source water protection plan.  A coalition was formed and a process outlined.  The overlay district was adopted and delineated by EPA and NH DES. The land should be conserved.  The zoning change was was opposed.  The Watkins Hill well has issues.  She opposes the application as increasing susceptibility to pollution damage.  The mere presence of contaminants increases the possibility of contaminant detects.

  Mr. Kenyon objected that this misstates the ordinance.  It does not prohibit machine shops, but rather requires a conditional use permit.

  Ms. Mansouri introduced the voting members of the Board and the alternates, who are allowed to comment as are other town residents, but who do not vote.  She asked for Board questions or comments.  Ms. Weber asked what hazardous substances are used in the process.  Mr. Chris Miller said there were no substances characterized as hadardous at the facility in Vermont.  They will be just as compliant in New Hampshire.  They use some cleaning solvents, lubricants, and coolants.  They are contained within the machines, and all are recycled.  They are stored inside the facility in low volume containers, with containment and sealed floors.  They have no citations by Vermont DES.  Ms. Mansouri asked how often the plant was inspected.  Mr. Miller replied that because hazardous materials have been eliminated and are not shipped, they are now exempt.  Vermont DES has a website, and information is there but not easily accessed.  It would be easier to check by calling Vermont Hazardous Waste Management at the Agency of Natural Resources.  A letter from VT DES re exempt status because of lack of hazardous materials will be forwarded to the Board. 

  Ms. Mansouri asked for other questions from the Board.  Ms. Palmiotto said she had a question about the use of some material called Right-Safe or Safety-Clean.  Are they currently using this?  Mr. Miller said they are not currently using it.

  Ms. Mansouri closed the public hearing at 10:00 pm and called for a five minute break so those who want to leave can clear the room.  She called the meeting to order again at 10:05 pm to go through the criteria for a special exception.

  Consideration of Planning Board recommendation re unavailability of other land and conformance with the Master Plan:  Ms. Galloway-Leclerc said she was a member of the Planning Board and worked on the Master Plan when it was created.  Businesses like Chamberlain were what Walpole wanted.  We need some growth in light industry, rather than commercial retail establishments.  She thinks the Planning Board recommendation was accurate.  Ms. Lester said we must consider the issues of inadequate or inappropriate  alternatives.  Cost issues making a parcel prohibitive should be considered.  Mr. Britton said the test for ag land was false.  No agricultural value is left in that land after the Hubbard presence.  Mr. Carignan said that traffic to the property would not exceed that which went to Hubbards.  Ms. Mansouri asked about a vote on the first criteria before proceeding.  Ms. Galloway inquired how best to take a vote about considering a recommendation.  Ms. Weber moved that the ZBA accept the recommendation of the Planning Board with regard to the first criteria.  Mr. Carignan seconded the motion and it passed unanimously.

  Infringement on primary use of the district:  Ms. Weber said that there are already 31,000 square feet of deteriorated buildings on the property which would be replaced with a slightly bigger building in a far better state of repair.  On balance this does not seem like much change in the established use.  Ms. Lester said there are lots of other mixed uses in the area with commercial uses and others.  Mr. Britton said the primary is of the land where the shopping center is was a cornfield in 1983.  Now it is a shopping center and a highway.  This will not infringe in the district. But will help the evolution of it.  Ms. Galloway-Leclerc moved that the ZBA accept that this use does not infringe in the primary use.  Mr. Carignan seconded the motion and it passed unanimously.

  Hazards to health, safety, or property values or noise, vibration, excessive traffic, unsanitary conditions, noxious odor, smoke or other similar reason:  Ms. Mansouri said that on the site visit the existing plant was well maintained, well kept up, and that she saw nothing that appeared to be a hazard.  Mr. Britton said this was a good place to mention the site plan review by the Planning Board, and that they need to meet high standards.  Ms. Weber said addressed the list of issues.  She said that the traffic light was not an issue as the project does not require one.  The well head is the biggest concern.  The site visit was reassuring as solvents and lubricants are stored carefully and contained within the plant.  Car or tractor gas tanks would present more of a hazard.  Mr. Webb said that there are criteria for a traffic light and if one is needed at some future date, it will be dealt with at a future date.  He does not see a problem now.  Mr. Britton said that traffic on Route 12 is going to continue to increase no matter what.  Ms. Lester said that the property is for sale.  If 40 homes can be built, that is 80 cars added to the traffic.  Ms. Galloway-Leclerc said because the property is in the wellhead protection area, a permit will mean periodic inspections.  It will be checked out every three years.  Mr. Carignan moved that that the ZBA acceptance of these criteria.  Ms. Weber seconded the motion, and it passed unanimously.

  Adequate off-street parking and loading facilities:  Ms. Mansouri said that from the information seen and heard, there was adequate off-street parking and loading at the old plant, and the plan showed that would continue here.  Mr. Britton agreed.  He also noted that more eighteen wheelers and ten wheelers were involved on a farm that here.  Ms. Galloway-Leclerc moved to accept this criterion.  Mr. Britton seconded the motion, and it passed unanimously.

  Setbacks:  Ms. Mansouri said the site plan provides for adequate setbacks.  This will be reviewed and reevaluated by the Planning Board.  If a special exception is granted, it can be made conditional on receiving site plan approval from the Planning Board.  Ms. Weber moved to accept this criterion.  Ms. Galloway-Leclerc seconded the motion, and it passed unanimously.

  Signage.  Ms. Weber moved that the special exception be made conditional on the applicant complying with the terms of the sign ordinance.  Mr. Britton seconded the motion, and it passed unanimously.

  40,000 square foot restriction:  It was noted that this condition applies specifically to retail commercial space, and this proposal is for industrial space, so the criterion does not apply.

  Ms. Weber moved that the ZBA grant the special exception, conditional upon the applicant receiving site plan approval from the Planning Board, a conditional use permit from the Planning Board regarding wellhead protection measures, and that the applicant comply with all setbacks and sign requirements.  Ms. Galloway-Leclerc seconded the motion, and it passed unanimously with the conditions noted.

NEW BUSINESS:

Jim Vitous , sign for Red Brick House on Main Street.  No one present.

Tieri Farinolefor ECUC Properties, LLC, horses.  No one present.  Ms. Mansouri said she had been contacted about a couple of horses to be kept for personal use.  Ms. Mansouri said that a letter would be needed from the owner of the property.  There is a current special exception on the property, Map 12, Lot, 16, 539 Main Street.  The special exception was to extend the commercial zone.  Ms. Galloway-Leclerc recalled that the original application was to extend the Commercial Zone, but as that could not be done without a town vote, a special exception was obtained in 2001 for a specific use.  The use was a storage building for cable TV stuff, and a pole barn ..Ms. Mansouri said that has not been built.  She visited the site in preparation for the meeting, and took photos.  There are telephone poles, wastage, tar buckets and a bulldozed cleared area with pvc pipes and metal under the road.  It looked like it was being used for a repository.  Nothing is covered, all is exposed.  They are not in compliance with the site plan.  Mr. Sawyer said they were going to store three vehicles.  Ms. Galloway-Leclerc said they were also going to store empty propane tanks.  Ms. Mansouri said there was a trailer as well.  The apartments are in front.  No action was taken.

Mark Haubrick for Wellstone Properties, sign on former RN Johnson storage barn across from Walpole Inn.  Mr. Haubrick is half owner of Wellstone.  He wants to place as sign over the door for Acworth Woodworkers.  Part of the building is winter storage, the heated part is his woodshop and stored vehicles.  It is a place to work out of and make cabinetry.  There will be a 32 inch or 36 inch wide replacement door for the existing “people door.”  There would be a two foot by three foot sign lighted on a timer for two or three hours on a timer.  The building is in the commercial zone.  It is 17 feet from the road to the edge of the building, and 20 feet to the edge of the sign.  The sigh would be hand carved with old style letters.  It was determined that he needs a special exception under article IV.D.(9).  An application was given.

OLD BUSINESS:

  Gravel Pit Inspection: It was moved, seconded and unanimously voted to put this discussion off to next month due to the lateness of the hour.

 Minutes:  Approval of the minutes of the September 19^th regular meeting and the October 9^th Special Meeting as written were moved, seconded and voted unanimously.

Resignation  Ms. Mansouri read a letter of resignation from Ms. Weber effective after the December meeting.  Ms. Weber is concerned about her ability to attend regularly once the legislature reconvenes in January.  Leaving the Board in December gives ample opportunity for someone to file for the remainder of the term during the filing period in January, and will give the Board time to find a new Secretary.  Ms. Mansouri accepted the resignation reluctantly, saying she appreciated Ms. Weber’s service.  She is a great presence and will be missed.

  The meeting was adjourned, to the great relief of all remaining, at 11:00 PM. 

The next regular meeting will be held on Wednesday, 21 Novenber, 2007 at 7:30 PM. 

 

Respectfully submitted,

Lucy Weber,

Secretary.

Ed. Note: Here's a note from Lyn Cooke who is doing great work publicizing next weekend's Friends of the Walpole Town Library Book Sale. Remember the sale is next Saturday from 9:00 a.m. to 2:00 p.m. and Sunday from 11:00 a.m. to 2:00 p.m. at Town Hall, and this year's huge assortment of books is the best ever!  And, thanks to Carol Christian, Paul and Phyllis Olsen, and an army of energetic volunteers, the thousands of donated books are carefully organized by subject matter making browsing easy and efficient. CCB

COMMUNITY SUPPORT FOR WALPOLE OCTOBER 27-28 BOOK SALE

    A multitude of people are working with the Friends of the Walpole Town Library to help make their annual Book & Tag Sale a great success!  The Junior ROTC of Fall Mountain Regional High School provide much-needed assistance to transport the six to seven thousand donated books collected during the year, St. John's Episcopal Church offers box lunches and refreshments on the Saturday of the sale, senior class members of Fall Mountain Regional High School are selling refreshments on Sunday to make money for their Project Graduation, and the Women of Walpole, plus other area residents, entice buyers with their wide selection of tag sale items. We hope you can come!

Ed. Note: Here is a story that appeared in this morning's Eagle Times giving background on tonight's Zoning Board meeting. CCB

10-16-07

Walpole Zoning Board Tackles Key Decision Tonight

Hears Developer’s “Special Exception” Argument

By Chuck Bingaman, Contributing Writer

            Keene developer Toby Tousley, Rockingham’s Chamberlain Machine and Walpole’s citizenry face off before the Zoning Board at Town Hall at 7:30 tonight in Tousley’s effort to get a special exception to agricultural zoning to enable Chamberlain to move to Walpole.

          Chamberlain, a successful Rockingham based firm that has outgrown its space there, wants to move to Walpole, and developer Tousley, owner of 34 acres known as Huntington Farms, partly commercial but mostly agricultural to the west of Route 12 behind Diamond Pizza, wants to bring them to his property. 

          The Walpole Planning Board in September recommended that the Zoning Board grant a “special exception” allowing the industrial use in the agriculturally zoned land but first the Zoning Board must approve. 

          But there are some issues to be resolved…

          Last March, with the proposed Chamberlain move in the headlines, Walpole voters by 591 to 501, decided not to change the zoning of Huntington Farms from agricultural to industrial, apparently confirming language in the town Master Plan that says that agricultural land should be preserved.  Some will argue that granting Tousley’s special exception for part of the land less than a year after the town vote runs counter to the expressed will of the voters.

            Community organizer and development opponent John Hansel has circulated a petition opposing the proposed “special exception” that he plans to submit to the Zoning Board tomorrow.  In his cover email, he opened by saying, “as you all remember, we defeated this same proposal at the polls last March.  This time it's 8 acres not 38 but the issue is the same:  do we want to lose any of our precious Agricultural acreage?  USDA says our floodplain farmland is some of the best in the US.  When will our Planning and Zoning Boards realize we meant to preserve it when we said so in the Master Plan and again when we voted last March?”

          In addition to overcoming the town vote argument, the language of the town zoning ordinance imposes clear conditions for the granting of a “special exception” including the following:

a.      property currently zoned for industrial, manufacturing and commercial operations is either unavailable or inadequate for the proposed use and, b., the proposed use is appropriate and consistent with the town’s Master Plan.

Hansel and others are expected to argue that the special exception cannot be granted because there is other commercial land available and adequate for Chamberlain’s use and that language in the town’s Master Plan specifically expresses the intent of the town to maintain its agriculturally zoned land.

    Even more ordinance conditions for granting a special exception include that the proposed use “must show that it will not infringe on the primary established use of the district” and that it could not “cause any undue hazard to health, safety or property values or which could be offensive to the public because of noise, vibration, excessive traffic, unsanitary conditions, noxious odor, smoke or other similar reason.”  Chamberlain’s factory on the site would certainly infringe on agricultural use of it, and its 45-50 employees and daily ingoing and outgoing delivery trucks would certainly increase traffic on Route 12, a point that many are expected to argue. Chamberlain does not emit smoke, sound, odors or unsanitary products.

                              --30--

 

         

Walpole Raffle Winners Announced

    The winners of the raffle items donated by Florentine Films have been
announced. The winners are: Marie Dupont of Dublin, Cynthia Merchant of
Keene and Tara Sad of Walpole.  Each will receive a set of three items,
a DVD, book and poster of  "THE WAR" personalized as they wish, by Ken
Burns. 

    The May preview of the latest documentary and raffle raised more than $2000 for each of the three groups that sponsored them: Post 77 of the American Legion (Walpole), the Fall Mountain Educational Endowment Association and the Walpole Historical Society. Thanks to all who participated and to the donors for their time.

    Fund raising continues with a concert sponsored by the WHS on October 28th at the Unitarian Church and the annual dinner auction sponsored by the FMEEA on Saturday November 17th at the Walpole Town Hall.

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

OCTOBER 04, 2007

Selectmen Present:            Charles Miller, Sheldon Sawyer, Whitney Aldrich

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

PUBLIC BUSINESS:

JOAN DeVAULT – RE: PLAYGROUND:  Joan DeVault, Chair of the Recreation Committee, brought the Board of Selectmen up-to-date on proposed plans for a new playground in the park area.  The Board of Selectmen confirmed their support to have a Warrant Article for this project at the next Town Meeting.  If a contract is signed to hold the price it would be contingent upon a favorable Town vote.  The committee chose the benches they would like to purchase for the park.

ACCOUNTS PAYABLE:  Mr. Sawyer moved to approve the Accounts Payable check register and manifest in the amount of $477,008.14.  Seconded by Mr. Aldrich.  All in favor, so voted.

The above amount includes a monthly payment to the Fall Mountain Region School District in the amount of $434,569.77.

PAYROLL:  Mr. Aldrich moved to approve the payroll voucher for the week ending September 29, 2007, for gross wages in the amount of $18,346.16 or net wages in the amount of $9,698.43.  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 $4,248.66.  Seconded by Mr. Aldrich.  All in favor, so voted.       

MINUTES –SELECTMEN’S MEETING- SEPTEMBER 27, 2007:  The Board of Selectmen discussed the motion made on page 1 under Walpole Old Home Days during the September 27, 2007, meeting.  Reference was made to Article 23 as voted for during the Town Meeting March 14, 2006, that read as follows:  “To see if the Town will vote to establish an Old Home Day Fund and allow any donations to be kept in this fund as well as any budgeted monies from the town.  Old Home Days committee shall be designated Agents and shall keep the necessary accounting.  The Trustees of Trust Funds shall administer this fund”. 

Mr. Sawyer moved that this terminology be included in the minutes as it was not up to the Board of Selectmen to have made this motion.  Seconded by Mr. Aldrich.  All in favor, so voted.

Mr. Aldrich moved to approve the Minutes of the public Board of Selectmen’s meeting of September 27, 2007, with the following deletion:    

Page 1 – Walpole Old Home Days – delete the following motion “Mr. Aldrich moved to release the funding for the Walpole Old Home Days in the amount of $3,000 to Judy Trow”.   

Seconded by Mr. Sawyer.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the Minutes of the Zoning Board of Adjustment meeting of September 19, 2007.

Board of Selectmen Meeting – October 04, 2007 – Page 2

OLD BUSINESS:

ALLEN BROTHERS FUEL:  Mr. Miller read a letter received from Allen Brothers relative to the new environmental regulations.  The Board of Selectmen passed over this agenda item until next week to allow time to have the contract re-written.

ATTORNEY HOCKENSMITH LETTER – REF: BERKSHIRE-WALPOLE LLC:  There was a consensus of the Board of Selectmen that all the information relative to the Berkshire-Walpole LLC matter will be forwarded to Attorney Hockensmith.

FORMER JAIL PROPERTY:  The Board of Selectmen asked Elaine Moore to extend an invitation to William Borchers to attend the next meeting to discuss the former jail property.

NEW BUSINESS:

JIM TERRELL – VACATION TIME:  Mr. Sawyer moved to approve vacation time from October 15th to 26th, 2007, for Jim Terrell.  Seconded by Mr. Aldrich.  All in favor, so voted.

CARTOGRAPHIC ASSOCIATES, INC.:  Mr. Aldrich moved to renew the Cartographic Associates, Inc. annual contract for maintenance on the tax maps.  Seconded by Mr. Sawyer.  All in favor, so voted.

TOWN HALL RENTAL QUESTION:   A request was received to rent the upstairs of the Town Hall for a contra dance on December 9th, 2007.   

Mr. Sawyer moved to pass over taking any action on this request until the Board of Selectmen has more information.  The person interested in renting will be asked to attend the next meeting.  Seconded by Mr. Aldrich.  All in favor, so voted. 

POSSIBLE HEALTH ISSUE:  A complaint was received from a resident in the Good Circle area to have something done about a possible health issue on a neighboring property.  There was a consensus of the Board of Selectmen to visit the property.

SEMINAR:  Mr. Sawyer moved that the Board of Selectmen authorize Elaine Moore to have compensatory time off in exchange for attending a Saturday meeting on “Preparing for a Successful Town Meeting”.   Seconded by Mr. Aldrich.  All in favor, so voted.

LETTERS TO BE SIGNED:

COLD RIVER MATERIALS:  Mr. Sawyer moved to approve and sign the letter to Cold River Materials regarding their assessment.  Seconded by Mr. Aldrich.  All in favor, so voted.

BERNARD KARNACEWICZ:  Mr. Sawyer moved to approve and sign the letter to Bernard Karnacewicz.  Seconded by Mr. Aldrich.  All in favor, so voted.

Board of Selectmen Meeting – October 04, 2007 – Page 3

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Aldrich and, with all in favor, the motion was approved.  The time was 9:08 PM.

Respectfully submitted,

Regina Borden, Recording Secretary

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

SEPTEMBER 27, 2007

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

Mr. Miller called the meeting to order at 7:30 PM with no one present in the audience.

WALPOLE OLD HOME DAYS:  A memo had been received from Judy Trow, Treasurer of the Walpole Old Home Days, requesting release of the $3,000 as voted upon at the 2007 Town Meeting under Article 18.

Mr. Aldrich moved to release the funding for the Walpole Old Home Days in the amount of $3,000 to Judy Trow.  Seconded by Mr. Miller.  All in favor, so voted.  ** (See correction in minutes of October 4, 2007 Selectboard meeting.)

ACCOUNTS PAYABLE:  Mr. Aldrich moved to approve the Accounts Payable check register and manifest in the amount of $22,314.36.  Seconded by Mr. Miller.  All in favor, so voted.

PAYROLL:  Mr. Aldrich moved to approve the payroll voucher for the week ending September 22, 2007, for gross wages in the amount of $15,030.47 or net wages in the amount of $6,866.89.  Seconded by Mr. Miller.  All in favor, so voted.

Mr. Aldrich moved to approve the electronic fund transfer for the Withholding, MEDI and FICA taxes in the amount of $3,518.63.  Seconded by Mr. Miller.  All in favor, so voted.

TRANSFER:  Mr. Aldrich moved to approve having Myra Mansouri, Treasurer, transfer $500,000 from the MBIA to the Savings Bank of Walpole general account for the Town of Walpole.  The Chairman is authorized to sign the document.  Seconded by Mr. Miller.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- SEPTEMBER 20, 2007:  Mr. Aldrich moved to approve the Minutes of the public Board of Selectmen’s meeting of September 20, 2007, as printed.  Seconded by Mr. Miller.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the Minutes of the North Walpole Village Board of Commissioners meeting of September 25, 2007.

BUILDING PERMITS:

MAURICE BIRON – MAP 012-069-002:  Mr. Aldrich moved to approve Building Permit No. 2007-045 for Maurice Biron to construct a two story house with garage and deck on the Old Drewsville Road.  The Energy Audit, Septic System design and new Driveway Permit were received.  Seconded by Mr. Miller.  All in favor, so voted.

POWELL CABOT – MAP 007-002-000:  Mr. Aldrich moved to approve Building Permit No. 2007-047 for Powell Cabot to construct a porch on Putnam Lane.  Seconded by Mr. Miller.  All in favor, so voted.

MARY HART PODWIN – MAP 011-022-000:  Mr. Aldrich moved to approve Building Permit No. 2007-048 for Mary Hart Podwin to replace an old modular home with a new modular home on Valley Road.  Seconded by Mr. Miller.  All in favor, so voted.

Board of Selectmen Meeting – September 27, 2007 – Page 2

OLD BUSINESS:

There was no Old Business to come before this meeting.

NEW BUSINESS:

TIMBER CUT – MAP 012-068-000 – ANDREW J. BISSLAND:  Mr. Aldrich moved to approve and sign the Notice of Intent to Timber Cut on the Old Drewsville Road for Andrew J. Bissland.  Seconded by Mr. Miller.  All in favor, so voted.

THANK YOU LETTER FROM MR. ROBERT WATSON:  The Board of Selectmen acknowledged receipt of a thank you letter from Mr. Robert Watson who complimented the Board of Selectmen on the increase of police patrols on the Cold River Road.  Copies will be sent to the Langdon Board of Selectmen and Walpole Police Department. 

9-1-1 ALI  DATABASE LIAISON APPOINTMENT FORM:  Mr. Aldrich moved to authorize the Chairman to sign the 9-1-1 Automated Location Identification Database Liaison Appointment Form to appoint Elaine Moore as the Town’s Liaison and Jim Terrell as the Town’s Secondary Liaison.  Seconded by Mr. Miller.  All in favor, so voted.

MS-1:  Mr. Aldrich moved to approve and sign the MS-1 document – 2007 Inventory of Valuation Document.  Seconded by Mr. Miller.  All in favor, so voted. 

CURRENT USE APPLICATION – FRANCIS & LORETTA COYLE – MAP 005-045-000:  Mr. Aldrich moved to approve the Current Land Use application for Francis & Loretta Coyle on Stevens Lane.  Seconded by Mr. Miller.  All in favor, so voted.

Mr. Aldrich moved to adj

Regina Borden, Recording Secretary

ourn this meeting.  Seconded by Mr. Miller and, with all in favor, the motion was approved.  The time was 7:54 PM.

Respectfully submitted,

 

 

         

 

Ed. note: This news release comes from Maplewing Artisans in Bellows Falls. Face it! Halloween is coming! CCB

Making Faces at Maplewing Artisans

                        Let the spirits move you!  Reveal your inner gnome or scallawag…unfurl your fairy wings…clown around….

                        Maplewing Artisans is offering two styles of mask making workshops – wire mesh and papier mache.  Classes are scheduled for children or adults.  Children 6-8 years old should be accompanied by an adult.  Families: first child full tuition, second at ½ price.  Pre-registration is required, as space is limited.

    Wire masks are formed by cutting, crimping and painting galvanized screen.  This makes a mask which allows full visibility and easy breathing for the wearer and a subtle, spooky distortion of the features.  Wire mesh masks have been part of Mardi Gras as far back as the early 1900’s, and can be as simple or complex as imagination and time allow.

    Papier mache masks will take place over two shorter sessions, as the base will need to dry before decorating.  During the first session, we will build the basic shape of the mask, using paste and paper.  In the second class we will paint, embellish and model our masks.  Please dress for the creative mess.

    There will be a separate 1½ hour session to create plaster casts, for those who would like a permanent mold of their own face.  Creating a mask in the shape of your face makes a better-fitting mask.  Plaster casting is fairly messy, so you should dress accordingly.

 

Thursday, October 18th  4-5:30 p.m.         Plaster Cast Faces                        $10

Saturday, October 20th 11 a.m.-1:00 p.m.  Wire Mesh Masks (A)            $25

                                     1-2:30 Papier Mache Masks $25                                    
                    3:30-5            Papier Mache 1 (A)    $30          

Saturday, October 27th  1-2        Papier Mache Masks 2

                                                            4-6      Wire Mesh Masks  $20              

                                                          7-8:30            Papier Mache 2 (A)

 

                    Carved wooden masks, papier mache and wire mesh masks will be on display in our window and for 3rd Friday Art Walk on October 19th.  We will be demonstrating a variety of mask making techniques during the Art Walk from 5-8 PM.

    Maplewing Artisans is located at 7 Square, Bellows Falls, Vermont.  Open 10-6 daily through December 24th, and 11-6 Thursday- Monday (winter hours) starting 12/26. For more information, call Erin at 802-460-4161.

Ed. Note: Here is an opportunity to hear one of America's leading foreign affairs thinkers and doers--he's a former US ambassador to Bosnia and international negotiator--at a nearby venue. I should disclose that I am vice-chair of the Council, but I can assure you that this will be a very interesting, stimulating program.  CCB

    WINDHAM WORLD AFFAIRS COUNCIL

P.O. Box 1105, Brattleboro, VT  05032

WWW.WINDHAMWORLDAFFAIRS.ORG

info@worldaffairscouncils.org  

         

PETER GALBRAITH RETURNS TO SPEAK ON IRAQ AFTER THE WAR

    For the fifth year Ambassador Peter Galbraith returns to give his annual lecture as part of The Windham World Affairs Council of Vermont lecture series. Dr. Galbraith will speak on the subject, “After Iraq--Cleaning Up  After America's Biggest Foreign Policy Mistake,” on Friday October 19, 7:30 PM, on the World Learning/SIT campus, International Center.

     Peter Galbraith has been a consultant for corporations in the areas of strategic communications and marketing strategy. He has been in Iraq many times over the last twenty-one years during historic turning points for the country: the Iran-Iraq War, the Kurdish genocide, the 1991 uprising, the immediate aftermath of the 2003 war, and the writing of Iraq's constitutions. He draws on his nearly two decades of involvement in Iraq policy working for the U.S. government to appraise what has occurred and what will happen. He is author of The End of Iraq (2006) which is the definitive account of this war and its ramifications. His forthcoming book is After Iraq: Cleaning Up After America’s Biggest Foreign Policy Mistake. (October 2007)

     Dr. Galbraith has served as the first US Ambassador to Croatia where he mediated the 1995 Erdut Agreement that ended the Croatia War. He is currently Senior Diplomatic Fellow at the Center for Arms Control and Non-Proliferation and principal in a Vermont-based firm specializing in international negotiations. He is a regular contributor to the New York Review of Books.

    The Windham World Affairs Council of Vermont  is part of the “World Affairs Councils of America” (WACA), the largest international affairs non-profit organization with 484,000 members and participants. WWAC is an all-volunteer council and proudly maintain all events free of charge to the public. To join the Windham World Affairs Council of Vermont and receive regular mailings of events, please send an email to info@windhamworldaffairs.org.

Ed. Note: Thanks to recording secretary Lucy Weber here are the minutes of the October 9 special meeting of the Zoning Board of Adjustment.  Note that the Zoning Board meets next Wednesday, October 17, to consider, among other things, the Planning Board recommendation that it grant Chamberlain Machine of Rockingham, VT a "special exception" to the agricultural zoning of the Huntington Farm property so it can build a factory on the site. Interestingly, the minutes below discuss a special exception granted several years ago on different land. CCB

ZONING BOARD OF ADJUSTMENT

Walpole, NH  03608

Minutes-----9 October 2007

Special Meeting

Continued Hearing--Frank W. Whitcomb Gravel Pit

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

D. Calhoun

ABSENT:  L. Carignan, L. Britton, M. T. Lester

Note:  These minutes are unapproved and will be reviewed on 17 October 2007 for errors, omissions and corrections.

  The meeting was called to order at 1:30 pm.   The members present are those who were appointed by the Chair to hear the Frank W. Whitcomb matter. The Chair announced that as a result of the September meeting, the Board had faxed several questions to the Town Attorney, G. Jeffrey Hockensmith, Esq., who was present at the hearing.  Atty. Hockensmith has provided his opinion on the questions.  Atty. Hockensmith was asked if it was permissible for the Board to go into executive session to discuss his legal opinion.  He said it was okay to meet privately with counsel for the purpose of legal advice.  The Board then recessed to meet with counsel.  At 2:00, the Board finished its meeting with counsel, and provided the applicant with copies of Atty. Hockensmith’s opinion.  Time was given to the applicant to review the opinion.

  The Public Hearing reconvened at 2:20 pm.  No action was taken in the meeting with the attorney.  The discussion there was solely to allow the Board members to make sure they understood the opinion and to verify the bases for the opinion.  Chairman Mansouri read aloud the Board’s questions to Attorney Hockensmith.  She then called on Ms. Weber to summarize Attorney Hockensmith’s response for the benefit of the public.  Ms. Weber read or summarized portions of the opinion, as follows: 

  Currently, the subject property is covered by an existing special exception, dated 16 April, 1998, and a site plan dated 15 April, 1988.  Atty. Hockensmith noted that the special exception allows storage of equipment, supplies and materials on the site, but the site plan only allows the storage of equipment.  Therefore, the applicant is not presently in compliance with its existing site plan, and should be advised to apply to the Planning Board to amend the site plan to conform to current use.

  The Board had asked if the change in use of the existing road required the existing Special Exception to be amended.  Atty. Hockensmith’s opinion was that because the zoning ordinance was silent on the subject of roads, that the road was an accessory use to the primary use on the property, and if the primary use was approved, the road would be approved as well.  However, Atty. Hockensmith was of the opinion that the new project itself requires not only a gravel pit permit, but also a new special exception, as it is a commercial use in the rural/agricultural district.  He also said that the change in use of the road triggers site plan review by the Planning Board, as does the potential increase in traffic.

  The Board next asked if the area of the existing road, and possibly the undisturbed area between the existing road and the excavation site should be counted in the project area for the purposes of determining if a state site specific permit is required.  Atty. Hockensmith wrote that DES has no explicit rules on this question, only an informal policy.  The policy is that if a road is under ten years old or will be modified in any way, DES has been including the road for purposes of determining the project area.

  With respect to the Board’s question regarding the need for a state wetlands permit,  Attorney Hockensmith wrote that he had spoken at length to a state wetlands worker and that her “off the cuff” opinion was that no permit was necessary.  She noted that the better practice would be for the applicant to meet with her staff for a review, and that the applicant undertakes the work at his peril if the project does adversely impact the wetland.

  Ms. Galloway-Leclerc reminded Ms. Weber that she had not included the issue of the aquifer in her summary.  Atty. Hockensmith also recommended that because of potential damage to an aquifer, and because the project will take place below the water table, a hydrologist’s opinion should be obtained as to the potential effects of the project.  The Board addressed these concerns one at a time.

  The first issue was that of the special exception and site plan approval.  The site plan approval issues have to be addressed by the Planning Board.  Ms. Weber said she thought based on the opinion of counsel, the Board ought to require the applicant to obtain a special exception for the gravel operation in addition to the gravel extraction permit.  It was noted that the existing road would have been built in 1998, less than ten years ago, and that the road would have crushed stone deposited on it for the gravel operation.  Mr. Fraser, speaking for FWW, referred to a letter he received from Pam Aslinger, Secretary of the Planning Board, dated 3 May 2007, stating that she was mistaken when she advised Mr. Fraser that he needed a special exception for the project, and that after discussion with David Edkins, the appropriate action was to apply for a gravel pit permit.  Mr. Fraser suggested that Ms. Aslinger was acting for Ms. Weber as ZBA secretary in Ms. Weber’s absence.  Ms. Weber reviewed the letter, which she had not seen before, and noted that it was written on Planning Board stationery and was written before the May ZBA meeting.  Ms. Galloway-Leclerc said that she had acted as secretary at the May ZBA meeting.  It was noted that Ms. Aslinger did not have authority from the ZBA to issue an opinion in this matter, and also that her letter said the ZBA would direct the applicant how to proceed.

  Mr. Fraser stated he would like to obtain an opinion of his own attorney as to whether a special exception was needed.  Ms. Weber said she was sorry that the applicant had not been notified of the need for both permits earlier, that it had not occurred to the ZBA members that a special exception would be needed in addition to the earth excavation permit, but that now with an attorney’s opinion that a special exception is needed, together with what was said at the gravel pit lecture that took place earlier in the Town Hall, that gravel pit permits did not generally relieve an applicant from the obligation to obtain other relevant permits, she was not comfortable proceeding without a special exception. Mr. Webb asked Mr. Hockensmith why he thinks a special exception is needed.  Mr. Hockensmith said that he reads the ordinance as requiring it.  Ms. Galloway-Leclerc said that there is already a special exception on part of the property which will be used.  That special exception does not accurately cover the proposed new use.  Ms. Mansouri said she feels another special exception is needed.  Mr. Webb said he would argue that what we need is simply a change of use of the original special exception. Attorney Hockensmith said the change in use here is so fundamental a change that just amending an existing permit would not be proper.  Mr. Fraser asked if they abandon the use of the existing road and cut a new road what would Atty. Hockensmith’s opinion be?  Atty. Hockensmith said that might avoid the need for a site-specific permit, but the project would still need a special exception.  Mr. Webb asked where does that leave us?  Ms. Weber moved that a special exception be required based on the Town ordinance and the opinion of counsel.  Ms. Galloway-Leclerc seconded the motion, and it was approved unanimously.  Ms. Weber offered Mr. Fraser an application for a special exception in case the applicant chose to take that route, and Mr. Fraser said they would not.

  The Board then took up the issue of a state site-specific permit.  It was suggested that the applicant meet with DES for a determination of whether a site-specific permit is needed.  If DES determines a permit is not needed, they could provide the Board with a letter confirming their decision.  Mr. Fraser offered to meet with DES and offered to have a Board member attend the meeting in Concord with him.  Ms. Weber moved that the applicant be requested to meet with DES to determine if a site-specific permit is needed, and if not to provide the Board with a letter to that effect.  Mr. Webb seconded the motion, and it was approved unanimously.

  With respect to the issue of a wetlands permit, it was the sense of the Board that because of Attorney Hockensmith’s opinion that a wetlands permit is not triggered, and because it is clear that the applicant proceeds in this matter at his own risk if there is any damage to the wetlands, that no further action should be taken here.

  The last question was that of aquifer protection.  Ms. Weber said that the map showing Walpole’s aquifers indicates that the aquifer is under this property.  Mr. Sisson, wetlands specialist for FWW, said if you are not fracturing the bedrock, you are having no effect on the aquifer.  Like the pond across the road, it is only affecting the groundwater.  Ms. Galloway-Leclerc said that may be true, but the Board needs a hydrologist to say that is so.  Mr. Fraser said there is a state hydrologist.  Ms. Mansouri noted that when the first pond was dug these issues were not considered.  Ms. Galloway-Leclerc noted the huge concern about contamination of people’s wells.  Mr. Webb asked if Mr. Fraser would get the opinion of a hydrologist, that Mr. Sisson stated at an earlier hearing that he is not a hydrologist, and that we need the opinion of someone who is.  Mr. Fraser agreed. Mr. Calhoun said there were any number of questions raised earlier about water quality that might need the opinion of the state hydrologist.  Mr. Fraser said he would check with the state geologist regarding the preparation of the aquifer map. He asked if the board would be satisfied with a hydrologist’s opinion that there is no aquifer underlying the property.  Ms. Weber said the issue of concern was that there should be no contamination of either an aquifer or of existing shallow wells.  Mr. Fraser said this was a small project of 1.4 acres, and that it would be an extreme case that would impact an aquifer.  The wells are thousands of feet distant.  Most excavations occur in and above aquifers.  Best Management Practices take care of it.  You can excavate effectively if you use Best Management Practices.  Mr. Calhoun said we are looking for a guarantee it will not be a problem.  Mr. Fraser said the Board would also be checking on the project annually.  The owner and the Board both have responsibility in this area.  Ms. Mansouri expressed her concern about both aquifer and shallow well issues.  Could we have a hydrologist’s opinion on both?  Mr. Sisson asked for a clarification of what the Board was looking for.  Ms. Weber moved that the applicant consult with a hydrologist concerning any possible impact on any know aquifer or existing well.  Mr. Fraser inquired about distances to wells, and what should be included .  It was the sense of the Board that the applicant had the duty to research what was in existence and get an opinion as to whether this operation would have an effect.  If the existing wells are too far away for this project to affect them, the hydrologist could state that there would be no effect outside of a certain distance.  What the Board is looking for is for someone who has a professional qualification to render an opinion that the project is safe for the aquifer and the existing wells to make that determination.  At the request of the applicant, Ms. Weber amended her motion to request the applicant to obtain the opinion of a certified geologist or hydrologist concerning any possible project impacts on any known aquifer or existing wells.  Mr. Webb seconded the motion, and it was approved unanimously.

  Mr. Sisson provided a followup on questions raised at an earlier hearing regarding endangered species on the wetlands site.  He searched the NH Natural Heritage Board database, and submitted results showing that no known endangered species inhabit the property.  The results come with the disclaimer that many areas have not yet been surveyed.  Ms. Weber noted that the wetlands issue seems to have been resolved.

  Mr. Fraser praised the Board for its patience and concern in listening to all the concerns of members of the public, some more remote than others.  He applauded their listening to all the concerns, and hoped that once these bridges had been crossed, the matter would come to a vote.  Mr. Calhoun said our intent is to protect both the public and the applicant. 

  A discussion followed as to the scheduling of the next hearing.  The Board has its regular meeting next Wednesday, October 17th.  Mr. Fraser said it was unlikely that he would be ready to proceed by then.  The November regular meeting was considered, and it was noted that it will be held November 21st, the day before the Thanksgiving holiday.  Mr. Fraser and others will not be able to attend that meeting.  Atty. Hockensmith confirmed for the Board that the hearing must be continued to a date certain.  The Board continued the hearing to the regular meeting of October 17th, with the understanding that if the applicant is not ready to proceed, the Board will continue the hearing on to the regular December meeting, or some other date convenient for both the Board and the applicant.

  There being no other business to come before the Board, the meeting was adjourned.

The next ZBA meeting will be held on Wednesday, 17 October, 2007 at 7:30 PM.  A site visit will be held at 6:00 pm at the Chamberlain Machine facility on Route 5 north of Bellows Fall at 6:00 pm.  The facility is located behind the Everyday Inn, formerly the Rockingham Motor Inn.  All are invited to the site visit.

Respectfully submitted,

Lucy Weber,

Secretary.

 

Ed. Note: Here is information on an exciting Walpole Historical Society  concert to put on your calendar. CCB

Walpole Historical Society Sponsors Valley Consort Concert on Oct. 28th

    Walpole, NH - October 9, 2007-Music from the Courts of France and
England during the 16th and 17th Centuries will be presented by the
Valley Consort at a concert sponsored by the Walpole Historical Society
on October 28th.

    The concert will be performed starting at 4:00 PM in the Unitarian
Church in Walpole. Instrumental music of the period will be played on
the viola de gamba, a bass member of the viol family having a range
approximating the cello. Readings by James Fowle of Thetford, VT, will
provide context.

    The featured performers are: Judith Davidoff, founder and director of
the New York Concert of Viols, a well known soloist on the viola de
gamba who has appeared in many venues here and abroad. She is on the
faculty of Sarah Lawrence College. Performing with her on the treble and
tenor viols will be Alison Fowles of Thetford, VT., and Phyllis Olson of
Walpole.

    Ms. Fowle is a long time member of the New York Consort of Viols and
well known as a cellist and teacher in the Hanover/Thetford area. Ms.
Olsen was a founding member of the Baltimore Consort and of Pro Musica
Rara, an off-shoot of the Baltimore Symphony. A former president of the
Viola Da Gamba Society of America, she taught early music at Towson
University. Mr. Fowle retired from the faculty of the Rhode Island
School of Design.

    Ticket prices are $5.00 for students, $10.00 for members of the Walpole
Historical Society, and $15.00 for the general public. They are
available at the door. The concert is a benefit for the ongoing
maintenance and repairs for the historic Academy building, headquarters
of the WHS. Call Phyllis Olson (756-0968) for more information.
Funding for this concert was provided by the Ira S. and Gertrude S.
Hubbard Memorial Fund of the New Hampshire Charitable Foundation.

Ed. Note: Here's a story that appeared yesterday in the Eagle Times.  CCB

Walpole Cemetery Tour Dramatization

    While Walpole's Old Home Days is not set until June, 2008, its REALLY OLD home day is this Saturday, October 6, at 2:00 p.m. when a collection of notable former residents appear beside their graves in the town cemetery to tell about their lives, their labors and their loves for all who care to hear about them in a Walpole Historical Society presentation!

    "Funeral Director” William Perron, sitting atop an antique horse-drawn hearse, will lead the audience through the Old Walpole Cemetery, stopping at the graves of former Walpoleans along the way.  At these gravesites, actors will portray the people buried there, telling the stories of their lives.  In several cases, the actor is an actual descendant of the person being represented. 

              The Society invites local residents and visitors to step back in time and meet some of Walpole’s most fascinating characters – John Kilburn, Benjamin Bellows, Abigail Richardson, Rebecca Bellows, and others.  The first Cemetery Tour, staged as a special event during the 2002 Walpole 250 celebration, was so well received that it has been repeated each year since.

  
              The Walpole town cemetery is on Main Street about a half mile north of the village center and a half mile south of the Walpole Inn.  The tour will meet at the Walpole School parking lot that is directly across the street from the cemetery, and it will take place rain or shine.  Since this is a walking tour with moderately steep hills, attendees are advised to wear comfortable shoes.  A reception with refreshments will follow at the school.  Admission is free.

  ###

Ed. Note:  Thanks to secretary Pam Aslinger, here is the agenda for next Tuesday evening's Planning Board meeting.  CCB

        PLANNING BOARD MEETING           

October 9, 2007     7:30pm      Town Hall

AGENDA

I.          Open Meeting

            A.  Roll Call/Designate Alternates           

            B.  Approve Minutes Sept. 11 & Sept. 25, 2007

II.            Review Applications Submitted:  Accept BEFORE public hearing, reject/delay

            A.  N. Walpole Vill. District/Norman & Susan Firenze - Lot line adjustment on

Rte. 12, Map 30 Lot 1 of 2.27 acres and Lot 2 of .24 acres in the Residential zone.  Results in .02 acres taken from NWVD lot added to Firenze lot removes old line through garage & meets the 5 ft. setback.  All other zoning requirements are met.

B.  Christopher and Kathy Monahan - Lot line adjustment on 42 Barnett Hill Rd. Map 48, 48-1 in Rural Ag. zone.  Results in adding acreage to existing home Lot 1 to become 13.81 acres and Lot 2 becoming 11.01 acres.  Frontage, acreage and setbacks are met.

C.  Alyson’s Apple Orchard, Inc./Stanley and Deborah Hutchings - Lot line adjustment located on Black Jack Crossing Rd. Map 1 & 4, Lots 11 and 44 in the Rural Ag. zone.  Results in adding 5.34 acres from Alyson’s Lot 44 to Hutchings Lot 11.  Complete survey of the Alyson’s lot is not provided but referenced, Hutchings lot and survey is approximated from a previous plan.  Frontage, acreage and setbacks are met.

III.       Close Meeting/Open Public Hearing - Close Public Hearing/Re-open Meeting

            A.  N Walpole Village District/Norman Susan Firenze

            B.  Christopher and Kathy Monahan

            C.  Alyson’s Apple Orchard Inc./Stanley and Deborah Hutchings

IV.       Action on Applications submitted:  Approve - Disapprove - Delay

            A.  NWVD/Firenze Lot Line Adj.

            B.  Monahan Lot Line Adj.

            C.  Alyson’s/Hutchings Lot Line Adj.

V.         New Business

            A.  Voluntary Mergers to be reviewed - Action taken - sign forms

                        1.  Betty Mack     

                        2.  Shirley Capron           

                        3.  Robt. and Kerry Grenier

            B.  Delbert Frost - Revocation request see letter

            C.  Preliminary Consultations - Applications to be submitted

                        1.  Rebecca Todd for Ernest and Wanda Way 2 lot minor subdivision

2.  J. Dibernardo for Chris and Kathy Monahan - minor subdivision note: plans may be submitted later in the month prior to deadline per agreement with Board.

3.  Other - none scheduled as of posting

VI.       Old Business

            A.  Walpole D & D update - see letter

            B.  N. Walpole Village Commissioners Site Plan from 9/11 meeting - in compliance?

C.  Site Plan Review Revocation - N. Meadow Plaza - Chairman to sign invoice, Board to decide whether to proceed.

VII.            Communications/Miscellaneous

            A.  Work Session scheduled for October 30, 2007 at 7:00PM items?

            B.  Handouts

            C.  Other

VIII.            Adjourn Meeting (next regular meeting 11/13/07)

Walpole's Pam Bernard has been named New Hampshire Featured Poet of the Month in the New Hampshire Poets Showcase by the state's poet laureate, Walpole's Pat Fargnoli.  See www.nh.gov/nharts/artsandartists/poetshowcase/poetlaureate39.html for complete information! Congratulations Pam!  CCB  (P.S. I've had a little trouble making that link work. If you do, simply type that web address into your browser, and the site should come right up!)

Ed. Note: Here's the latest information on the law suit we are all paying for to once more determine whether "establishment" means a building or a business. CCB

10-1-07

Judge to Decide Suit Against Walpole

Developer Claims Town Vote Illegal

By Chuck Bingaman, Contributing Writer

          Superior Court Judge John Arnold yesterday set December 15 as the date for Berkshire Development and the Town of Walpole to file legal memoranda and briefs in a case where the developer is seeking to invalidate the March 2007 town vote clarifying Walpole’s zoning ordinance.

          Two entities, Berkshire-Walpole LLC and Walpole Properties, LLC, are arguing that last March’s vote improperly asked voters if they wanted to change language in both the commercial and agricultural sections of its ordinance in a single warrant article. 

          In its initial answer, the town asserted that warrant article, while affecting two different types of zones, dealt with one issue: whether the town wanted to permit new commercial buildings exceeding 40,000 in size.

          The meaning of a size restriction in the Walpole zoning ordinance has been argued for several years because it used the word “establishment” as what it limited to 40,000 square feet.  The developers wanted that word to be interpreted as meaning new commercial buildings could be built with no size limit so long as no business within them exceeded 40,000 square feet. 

On the other hand, many in the town argued that the intent of the zoning language was to limit the overall size of any new commercial buildings for aesthetic, historic and cultural reasons.

 In an attempt to put the matter to rest, the Planning Board last March asked Walpole voters if they wanted to replace the word “establishment”, where it appeared in both in the commercial section and in the agricultural section of the zoning ordinance with the word “building”.  The voters approved by a vote of 591 to 501.

          Not liking that outcome, Berkshire Development returned to the Walpole Selectmen in April and asked that the vote be thrown out on the ground that, by combining the question for two types of zones into a single warrant article, the town denied voters the choice of voting for the change for one zone and not the other.  Walpole Selectmen upheld the town vote, and Berkshire appealed to the Superior Court.

          After the legal memoranda summarizing relevant law are filed in December, there may be oral arguments on the issue, but it is most likely, because there is no factual dispute in the case, that it will be decided by the judge without further hearing. 

          Behind the wrangling over the language of the ordinance and the desires of the townspeople, Berkshire Development apparently still wants to build buildings in the commercial zone in Walpole that exceed 40,000 square feet. Berkshire had presented a plan for a 68,000 square foot building south of North Meadow Plaza in fall, 2005 but eventually withdrew it in May, 2006 when the Planning Board was indicating little enthusiasm for approving it.

 

                                       --30--

Ed. Note: Thanks to Lil DeCoste for forwarding this release of news from Walpole Village School, the private pre-school in town that also has programs for older children.  CCB

    The Walpole Village School is off to a flying start in this our second year in the old Long River Garden Building on Westminster Street.  With the exception of one opening in our Tuesday – Thursday morning Preschool class we are full and have established a waiting list for our other preschool sessions and the Pre-K class.  All classes have made a trip to Alysson’s Orchard to pick apples and everyone has had their pictures taken.  The weather has been beautiful and our outdoor area is looking great thanks to the work of staff and some dedicated parent volunteers.

    Our After Care program, open from 2:30 to 5:30, has openings at the present time.  It creates a safe, supervised program for children ages 3 – 12 during those after school hours until parents finish their day at work.  We’re working to create activities for school age students to increase participation in that age group.  We welcome suggestions from participants as well as their parents.

    Our 18th annual Walk-A-Thon will be held on October 13th.  The money raised from the Walk-A-Thon will be going to much needed building repairs and upgrades. Last year Tori and Riley Rice raised $555.00. That could be hard to beat!  Prizes are given away for the most money raised, most sponsors, youngest and most experienced walkers.  All children who have sponsors receive a T-shirt the features the names and logos of all businesses who have donated to make the day a success.

    The Walk-A-Thon is a fun event for our families.  On Saturday we will have a hayride for kids & parents too! There will also be a bouncy house and other activities.  We’ll have plenty of food so we hope to see lots of people there and that the weather is nice as well.

    Look for us too at the Pumpkin Festival in Keene on October 20.  We’ll have that great chili and cornbread for sale.  Please look for our banner and drop in to again lend your support to our school.

Walpole Old Home Days return Wednesday, June 25, 2008 with a town block party and, over the next four days, many great events for people of all ages.  Highlights include a Walpole Players production (yet to be named), a huge parade Saturday morning, many activities for children, a road race, talent show, pet show, and much more! Now is the time to notify former Walpole residents you know, family members who no longer live in town, and friends to make plans to attend!  The Walpolean will provide much more information later!  CCB

Jessie Carr writes to remind us that "our jazz trio for the second time includes pianist Bob Merrill down from Woodstock, where he plays fairly regularly at the Inn. I am on vocals and saxophone as usual, and
pleased to again have Genevieve Rose with us on bass.  I hope you can come by the Restaurant at Burdick Chocolate. Music is from 6:30-9:30 PM. For reservations phone 603-756-9058."

Ed. Note: Thanks to secretary Regina Borden for these minutes to the September 20 Selectmen's meeting.  CCB

TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

SEPTEMBER 20, 2007

 

Selectmen Present:  Charles Miller, Sheldon Sawyer, Whitney Aldrich

Mr. Miller called the meeting to order at 7:35 PM with one person present in the audience.

ACCOUNTS PAYABLE:  Mr. Aldrich moved to approve the Accounts Payable check register and manifest in the amount of $138,435.37.  Seconded by Mr. Sawyer.  All in favor, so voted.

The above amount includes a payment of $89,709.56 for the DES Landfill debt service.

PAYROLL:  Mr. Sawyer moved to approve the payroll voucher for the week ending September 15, 2007, for gross wages in the amount of $17,787.81 or net wages in the amount of $9,142.76.  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 $4,165.96.  Seconded by Mr. Miller.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- SEPTEMBER 13, 2007:  Mr. Sawyer moved to approve the Minutes of the public Board of Selectmen’s meeting of September 13, 2007, as printed.  Seconded by Mr. Aldrich.  All in favor, so voted.

Mr. Aldrich moved to approve the Minutes of the Non-Public Board of Selectmen’s meeting of September 13, 2007, as printed.  Seconded by Mr. Sawyer.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the Minutes of the following meetings:  1) Planning Board - September 11, 2007; and 2) North Walpole Village Board of Commissioners - September 18, 2007.

Mr. Sawyer moved that the Solid Waste Supervisor contact the North Walpole Commissioners to arrange a meeting to resolve any differences they may have.  Seconded by Mr. Aldrich.  All in favor, so voted.  

BUILDING PERMITS:

MAURICE BIRON – MAP 012-069-002:  Mr. Aldrich moved to put Building Permit No. 2007-045 for Maurice Biron “on-hold” pending receipt of the Energy Audit, Septic System and new Driveway Permit.  Seconded by Mr. Sawyer.  All in favor, so voted.

HENRY FLETCHER – MAP 009-004-000:  Mr. Sawyer moved to approve Building Permit No. 2007-046 for Henry Fletcher to construct a clear span poly storage shelter on Maple Grove Road.  Seconded by Mr. Aldrich.  All in favor, so voted.

OLD BUSINESS:

NORTH WALPOLE METERS:  It was noted that all the North Walpole meters have been read.

FUEL OIL:  Mr. Aldrich moved to purchase the Town’s heating oil for the next season from Allen Bros. at $2.479/gallon.  Seconded by Mr. Sawyer.  All in favor, so voted.

Board of Selectmen Meeting – September 20, 2007 – Page 2

NEW BUSINESS:

CEMETERY D-483 AND D-484 – WILLIAM AND THERESA PATCH:  Mr. Sawyer moved to approve and sign the Cemetery Deed for lots D-483 and D-484 for William and Theresa Patch.  Seconded by Mr. Aldrich.  All in favor, so voted.

CEMETERY D-407 – ELMER TOLE:  Mr. Aldrich moved to approve and sign the Cemetery Deed for lot D-407 for Elmer Tole.  Seconded by Mr. Sawyer.  All in favor, so voted.

TIMBER CUT –MAP 011-009-000- ELIZABETH PEAVY:  Mr. Aldrich moved to approve and sign the Notice of Intent to Timber Cut for Elizabeth Peavy.  Seconded by Mr. Sawyer.  All in favor, so voted.

ELAINE MOORE -VACATION TIME- SEPTEMBER 26, 27 & 28 AND OCTOBER 1 & 2, 2007:  Mr. Aldrich moved to approve the vacation time for Elaine Moore for September 26, 27 & 28 and October 1 & 2, 2007.  Seconded by Mr. Sawyer.  All in favor, so voted.

Elaine Moore will work on one of these days if Avitar schedules a meeting. 

ASSESSMENT:  There was a consensus of the Board of Selectmen to request that Avitar re-assess the James E. Johnson property on the Old Keene Road to determine if it is to remain an un-build-able lot. 

CROWS:  Elaine Moore reported that two dead crows were found on the Common during this past week.  Concord was contacted but they advised that the crows should be disposed of.

LETTERS TO BE SIGNED:

AMERICAN LEGION POST NO. 77:  The American Legion Post No. 77 gave the Town a framed picture of the dedication of the new Veterans’ Memorial.

Mr. Sawyer moved to sign the letter to the American Legion Post No. 77 thanking them for their gift.  Seconded by Mr. Aldrich.  All in favor, so voted.

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Aldrich and, with all in favor, the motion was approved.  The time was 8:38 PM.