Selectboard Meeting Minutes – 3/30/23

SELECTBOARD 04/07/2023 Leave a comment

Selectboard Present:  Steven Dalessio, Chair, Cheryl Mayberry and Peggy Pschirrer 

Staff Present: Sarah Downing, Jordan Cannon

Others Present: Dominic Perkins; Paul Looney

CALL TO ORDER:  Mr. Dalessio called this meeting of the Selectboard to order at 6:31 p.m. in the Walpole Town Hall.

NON-PUBLIC BUSINESS RSA 91-A:3 II (c):  

Mrs. Pschirrer moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (c) at 6:32 p.m. Mrs. Dalessio seconded. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

The public meeting was reconvened at 7:01 PM. Mr. Perkins departed, and Mr. Looney entered the meeting.

OLD BUSINESS:

Community Solar Power: Mr. Looney stated that he and Mrs. Pschirrer met recently with the NorthernBorders Regional Commission. Walpole has been categorized as able to apply for an 80/20 grant wherein the Town would have to commit to funding 20% of the project. Mr. Looney said if grant funding is requested to put solar panels on the Recycling Center roof, and the roof only lasts 15 years, the solar panels would then have to be taken off for the replacement roofing. Alternatively, funds could be allocated to replace the roof now. Mr. Dalessio reflected that no decision has been made as to what will be built for storage at the transfer station. Mr. Dalessio asked if the roof was replaced now, could it be replaced to allow for the installation of bi-directional solar panels? Mr. Looney stated he would research this question. Mr. Dalessio said that funding for this would have to wait until the next Town Meeting. Mr. Looney stated that the next meeting with the Northern Borders Regional Commission would be on 4/3/2023. Mr. Looney said he would apply for the grant. Mr. Dalessio questioned if the synthetic composite that was used on the new roof for Town Hall could be considered for the new roof at the Recycling Center. Mr. Dalessio stated that at least three (3) separate quotes should be ascertained for the Recycling Center roof. Mrs. Pschirrer motioned to put solar panels on the Recycling Center, and that the Town apply for a Northern Borders Regional Commission 80% grant wherein the Town would pay for 20%. Mr. Dalessio stated to amend the motion to state “solar at the Recycling Center”. Ms. Mayberry then seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Mr. Looney departed the meeting.

ACCOUNTS PAYABLE: ACCOUNTS PAYABLE:

Ms. Mayberry moved to approve the Accounts Payable Check Register in the total amount of $23,729.70 for checks issued March 31, 2023. Seconded by Mrs. Pschirrer.  With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved. This includes a payment of $8,231.17 to Eastern Minerals for highway salt. 

PAYROLL:

Ms. Mayberry moved to approve the Payroll Check Register in the amount of $27,384.82 dated March 31, 2023, and for the 941 Payroll Tax Transfer in the amount of $5,554.76.  Seconded by Mrs. Pschirrer. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – March 23, 2023:  Ms. Mayberry moved to approve the Minutes of the Selectboard meeting of March 23, 2023. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer, and Mr. Dalessio in favor, the motion was approved.

SELECTBOARD NON-PUBLIC SESSION – March 23, 2023: Ms. Mayberry moved to approve the Minutes of the Selectboard Non-Public Session of March 23, 2023. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. The minutes are to remain sealed. 

COMMITTEE REPORTS:

Ms. Mayberry called attention to the minutes of: 

North Walpole Village Commissioners’ Meeting- March 15, 2023

North Walpole Village Commissioners’ Meeting- March 21, 2023

Mr. Dalessio acknowledged the minutes.

ABATEMENTS:

Map and Lot# 020-079-000: Ms. Mayberry moved to deny the abatement of Map and Lot# 020-079-000. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 017-010-000: Ms. Mayberry moved to deny the abatement of Map and Lot# 017-010-00. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 019-061-001: Ms. Mayberry moved to deny the abatement of Map and Lot# 019-061-001. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 030-063-000: Ms. Mayberry moved to approve the abatement of Map and Lot# 030-063-000 as the assessment was reduced to $140,100. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs.Pschirrer, and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 022-009-000: Ms. Mayberry moved to deny the abatement of Map and Lot# 022-009-000. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

DEMOLITION AND BUILDING PERMITS: 

Map and Lot# 011-040-000: Ms. Mayberry moved to approve the demolition permit for 2023-08, Map and Lot# 011-040-000 to remove a chicken coop. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 005-002-003: Ms. Mayberry moved to approve the building permit for 2023-09, Map and Lot# 005-002-003 to add a 50’ x 30’ roof mount solar array. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

CURRENT USE:

Map and Lot# 017-013-000 and 017-014-000: This application for current use was tabled until the next scheduled Selectboard meeting on 4/6/2023.

OLD BUSINESS:

Procurement Policy: Mr. Dalessio stated he has reviewed the procurement policy. He suggested changing the name to “Procurement Policy for Federal Funding”. The Selectboard will review the policy again to recommend thresholds. 

NEW BUSINESS:

Town Hall Replacement Door quotes Mrs. Downing commented on the quotes received by the Selectboard Office. The high volume of use of the door was discussed. Mr. Dalessio stated the importance that all individuals must be able to open the door with the push bar. Mrs. Pschirrer motioned to give the contract to Brian DeJesus for the entry door replacement on Town Hall. Ms. Mayberry seconded the motion. Mr. Dalessio asked if there was any additional discussion. There was none. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

NON-PUBLIC BUSINESS RSA 91-A:3 II (a) (c) (e):  

Mrs. Pschirrer moved to re-enter into Non-Public Session pursuant to RSA 91-A:3 II (a) at 7:50 PM. Mrs. Dalessio seconded. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened at 8:26 PM.

ADJOURNMENT:

Ms. Mayberry moved to adjourn this Selectboard meeting at 8:27 PM.  Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Respectfully submitted,

Jordan Cannon, Recording Secretary

Planning Board Meeting Minutes – 3/28/23

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Roll Call: Present: Board Members: Chair Jeff Miller, Vice-Chair Dennis Marcom, Clerk Jason Perron, Jeff Harrington, Bill Carmody, Select Board Representative Steve Dalessio. Absent: Board member Joanna Andros and Alternates Trevor MacLachlan and Travis Adams. A full board was present.  Herb Frink was also at the meeting. He is an abutter of Adam Naeck who is requesting a lot line adjustment. 

Recording: This meeting was recorded. These minutes are unapproved minutes and will be reviewed at the next meeting for additions, corrections and omissions.

Minutes: Mr. Marcom made a motion to approved the minutes of the February 2023 meeting and the February workshop minutes as written. Mr. Perron seconded the motion and the motion carried.

Old Business:

Three Public Hearings:

No. 1: Charles and Eleanor Shaw, Subdivision, one lot into two lots, 6 Walker Road, Map 10, Lot 2-1, Rural/Ag district.

Surveyor Joe DiBernardo represented Dr. and Mrs. Shaw. He explained that the property would be divided into two lots. Lot 1 would be 5.02 acres and Lot 2 would be 7.94 acres, Wendy Grossman asked if the rail trail would be affected by the subdivision. Dr. Shaw responded that the new lot would use the existing right of way and would not negatively impact the rail trail. There being no further questions from the public or the Board, Mr. Miller closed the public hearing. Mr. Marcom made a motion to approved the subdivision. Mr. Perron seconded the motion and the motion carried unanimously. 

No. 2: Barry Bellows Construction Inc., Potato Barn – 9 apartment units in the barn. Tax Map 24, Lot 6, 42 Potato Barn Lane, Commercial district. Owner Steve Rudek, Sacramento, CA.

Mr. Bellows outlined the plans for the addition of nine residential apartments at the Potato Barn. The Piggery section of the Potato Barn property currently has four apartments that were previously approved. The Potato Barn has three main floors and is a fully sprinkled and monitored building. There is rated stairwell already constructed that was used for the function hall and that would continue to serve the new layout. The property already has utilities, town water and sewer installed. The existing monitoring and sprinkler system will be modified to met the requirements of the new apartment layouts and an architect has been hired to give a code and life safety review of the project.

The building only requires interior modifications to adapt to residential apartment living. The exterior, aesthetic and footprint will not be changed other than the necessity of adding windows for egress potential and natural light for space. The exterior doors currently in place will be the same doors to service and access the proposed units. The exterior parking, lighting, walkway, driveway will remain as they currently exist. There are currently 33 marked parking spaces and 40 unmarked spaces nearby. There is still room for additional parking as the function hall often had groups of up to 175 people on the property.

On the main floor there will be three apartments: unit 4 will be a 2-bedroom 1190 square-foot apartment. Units 5 and 6 will be one bedroom apartments – 975 and 590 square feet respectively.​ Second floor: 2 apartments, both one-bedroom units, 730 and 615 square feet. Third floor, where the function hall was previously located: 4 apartments, two one-bedroom units and two two-bedroom units at 830, 810, 1170 and 1240 square feet.

Recently, Walpole Fire Chief Mark Houghton sent a letter to the Planning Board stating that the Walpole Fire-EMS reviewed the request and agreed to this use provided that Bellows Construction conforms to NH adopted codes. Mr. Houghton also recognized the agreement between Mr. Bellows and the architect Chris Adams. He noted that fire suppression system and fire alarm system must be re-engineered and re-configured to the new use of space before occupancy. Finally, he wrote, “No occupancy at this address can occur until the above conditions are met, this includes the prior approval on August 9, 2022 to add four apartments in the south end of this structure.”

Mr. Bellows said they are using the same sprinkler company that installed the original system and that company is going to update the plan. Mr. Miller asked for a motion. Mr. Perron made a motion to approve the project. Mr. Marcom seconded the motion and the motion carried unanimously.

No. 3 Adam Naeck and Tyler Lefebvre, Lot Line Adjustment, one lot into two lots, 107 Merriam Road, Tax Map 3, Lots 55 (15.63 acres) and 56 (1.66 acres) Lot 55 – 200 feet road frontage, Lot 56 – 322.28 feet road frontage, Rural/Ag district.

Surveyor DiBernardo represented Mr. Naeck. Currently Adam Naeck owns both lots. Lot 55 currently has a home and some outbuildings on the property. Mr. Naeck would like to sell Lot 55 to his nephew, Tyler Lefebvre. Mr. Naeck would then continue to own the Lot 56 portion of the original lot. However, it has been discovered that Merriam Road is a Class 5 road ends but turns into a Class 6 road at the end of the 200-foot driveway. Building on Class 6 roads is not allowed unless the owner makes an agreement with the town that relieves the town of all liability. One way this Lot Line Adjustment could be approved would be to have a condition of approval with a record a waiver of liability, Mr. DiBernardo said. The Planning Board decided not to make a decision at tonight’s meeting and the matter will be discussed at next month’s meeting.

New Business:

EH*GH (Neil Levesque) Lot Line Adjustment between two lots on Watkins Hill Road, Tax Map 5, Lots 49 and 49-4.

Surveyor DiBernardo presented this Lot Line Adjustment on Watkins Hill. The plan is to take .55 acres from Lot 49 and add it to Lot 49-4. The .55 acres would come from land to its south. Then 3.55 acres would be taken from Lot 49-4 and added to Lot 49 making that lot 34.37 acres. Lot 49-4 would now be 2 acres. Mr. DiBernardo requested a public hearing for April 11. Mr. Harrington made a motion to hold a public hearing in April for the Lot Line Adjustment. Mr. Perron seconded the motion and the motion carried.

At 7:45 pm a motion was made and seconded to adjourn. The motion passed. 

Workshop with SWRPC planner Lisa Murphy on April 25.

Respectfully submitted,

Marilou Blaine, Recording Secretary

Selectboard Meeting Minutes – 3/23/23

Uncategorized 03/31/2023 Leave a comment

Selectboard Present:  Steven Dalessio, Chair, Cheryl Mayberry and Peggy Pschirrer 

Staff Present: Sarah Downing, Jordan Cannon, Steve Varone, Megan Hansson

CALL TO ORDER:  Mr. Dalessio called this meeting of the Selectboard to order at 6:33 p.m. in the Walpole Town Hall.

NON-PUBLIC BUSINESS RSA 91-A:3 II (a):  

Mrs. Pschirrer moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (a) (c) (e) at 6:34 p.m. Mrs. Dalessio seconded. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

The meeting was reconvened at 8:01 p.m.

ACCOUNTS PAYABLE: ACCOUNTS PAYABLE:

Ms. Mayberry moved to approve the Accounts Payable Check Register in the total amount of $177,999.14 for checks issued March 24, 2023. Seconded by Mrs. Pschirrer.  With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. This includes two payments of $56,415.00 to McFarland Ford for two police vehicles. 

PAYROLL:

Ms. Mayberry moved to approve the Payroll Check Register in the amount of $31,278.41 dated March 24, 2023, and for the 941 Payroll Tax Transfer in the amount of $6,741.69.  Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – March 16, 2023:  Ms. Mayberry moved to approve the Minutes of the Selectboard meeting of March 16, 2023. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer, and Mr. Dalessio in favor, the motion was approved.

SELECTBOARD NON-PUBLIC SESSION – March 16, 2023: Ms. Mayberry moved to approve the Minutes of the Selectboard Non-Public Session of March 16, 2023, with a correction to the last sentence. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Ms. Mayberry’s correction was to add to the last sentence “who worked during the snowstorm”.  The minutes are to remain sealed.  

STAFF MEETING– March 16, 2023:  Ms. Mayberry moved to approve the Minutes of the Selectboard Non-Public Session of March 9, 2023. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

COMMITTEE REPORTS:

Ms. Mayberry called attention to the minutes of: 

• Conservation Committee Meeting- March 6, 2023

• Zoning Board of Adjustment – March 15, 2023

Mr. Dalessio acknowledged the minutes.

ABATEMENTS:

Map and Lot# 030-029-001: Ms. Mayberry moved to deny the abatement of Map and Lot# 030-029-001. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 013-013-000: Ms. Mayberry moved to deny the abatement of Map and Lot# 013-013-000. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 030-067-000: Ms. Mayberry moved to deny the abatement of Map and Lot# 030-067-000. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

TIMBER TAX WARRANT: 

Map and Lot# 013-054-000: Ms. Mayberry moved to approve of the timber tax warrant of Map and Lot# 013-054-000 for $207.44. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 013-034-003: Ms. Mayberry moved to approve of the timber tax warrant of Map and Lot# 013-034-003 for $1,238.51. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 013-034-000: Ms. Mayberry moved to approve the timber tax warrant of Map and Lot# 013-034-000 for $37.54. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 012-067-000: Ms. Mayberry moved to approve the timber tax warrant of Map and Lot# 012-067-000 for $7,488.80. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

BUILDING PERMITS:

Map and Lot# 008-012-001: Ms. Mayberry moved to approve of the building permit of Map and Lot# 008-012-001 to install a 56’ x 24’ roof mount and 40’ x 12’ ground mount solar system. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

OLD BUSINESS:

Pending Further Action: Mrs. Pschirrer touched on several items pending further action. Mrs. Pschirrer stated she had a Zoom meeting today with Northern Borders concerning grants related to community solar. She stated that Mr. Hoy participated in that discussion. Concerning Brownfields, she stated DES has set new standards for PFAS and there are new standards for digging a well because they have to test for migration. Mrs. Pschirrer stated that she has an appointment to speak to Mascoma Bank about these wells tomorrow. Mrs. Pschirrer stated that a Fidium representative wants to speak to the Recycling Center to promote an upgrade service plan for broadband internet. Mrs. Pschirrer stated she would email Mr. Hoy regarding this request. 

Great River Hydro Confidentiality Agreement: Mrs. Pschirrer motioned to approve the chair’s signing of the Great River Hydro Confidentiality Agreement. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Procurement Policy: Mr. Dalessio commented that after reading the procurement policy, he wants to place it on the agenda for next week. Ms. Mayberry commented that she has yet to read the policy.

NEW BUSINESS:

NE Power Letter: Mrs. Pschirrer motioned to approve the letter requesting the asset report for the Town’s transmission lines. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Appointment Notices: Ms. Mayberry motioned to approve the appointment notices for Diane Harty and David Kuniholm to be on the recreation committee. Mrs. Pschirrer seconded the motion. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

ADJOURNMENT:

Ms. Mayberry moved to adjourn this Selectboard meeting at 8:29 PM.  Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Respectfully submitted,

Jordan Cannon, Recording Secretary 

School District Election Results

Uncategorized 03/29/2023 Leave a comment

Town Voting Results – 2023

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From Elana Baron

OPINIONS 03/28/2023 1 Comment

Dear fellow Walpoleans,

Please accept this response to Attorney Hanna’s letter as my final thoughts on why I will be voting “no” to Article 3. 

I respectfully disagree with Attorney Hanna’s opinion, retained by and writing on behalf of Mr. and Mrs. Winmill. To be frank, his analysis is flawed.  Before I explain why, it would seem there are two preliminary issues that need clarifying:

  1. I am an Attorney.  However, my March 14, 2023 opinion of Article 3, and this one, are my own opinions.  I did not write them on behalf of a secret client nor is it the opinion of my office, Bragdon, Baron & Kossayda, PC.  I am simply offering my view, as a Walpolean, of how the language of Article 3 can be interpreted. My view, and no one else’s.
  • I used a small local maple syrup producer, or a small local honey producer, as examples.  They were the first two that popped into my mind probably because I am most familiar with those two.  I know several people here in Walpole that spend some free time dabbling in those hobbies.  Instead of those examples, please feel free to swap in any small business you like. How about a widget maker, or sock seamstress, or maybe someone who makes those fancy small soaps we all love to put on display in our guest bathrooms but g-d forbid anyone ever actually use.  I personally don’t care what small business you use as an example, the analysis remains the same.

I am cut and pasting Article 3’s definition of “Formula Business” here because pulling out a small portion and analyzing the small portion separately from the rest of the language is a presentation meant to blur the omitted language for the specific purpose of guiding a reader to believe their interpretation is their own but really were lead to it (a play out of the “How to Lawyer Handbook”).

“A Formula Business is a business, including but not limited to retail sales, hotels, and restaurants, that both

(a) maintains two or more of the following five standardized features:

  • array of services, menus, or merchandise, with 50% or more of in-stock merchandise bearing uniform markings;
  • trademark, logo, or service mark;
  • architecture, facade, or exterior design;
  • decor or color scheme;
  • uniform (other than name tags);

and

(b) shares the same or substantially the same two or more features as 10 or more other businesses, regardless of ownership or location.”

Here is where Attorney Hanna and I are interpreting the definition differently. Attorney Hanna imposes an assumption in the first and second features which then creates a flawed analysis. 

Attorney Hanna states the small business “must share the same logo, trademark or service mark with 10 or more other businesses”.  That is not what the plain language of the first two features state.  The plain language of the first feature states that 50% or more of the in-stock merchandise bears uniform markings.  That is all it says; a “uniform marking”.  It does not say that said uniform marking must be identical to those of 10 or more businesses.

The same is true for Feature 2.  Feature 2 does not say the logo, trademark or service mark has to be the same amongst all 10 businesses.  It simply says “trademark, logo, or service mark.”  That means, by the plain language, Feature 2 is met if the business has a logo, trademark or service mark.

In error, Attorney Hanna uses subsection b “(shares the same or substantially the same two or more features as 10 or more other businesses) to mean the uniform markings or logos must be the same across all 10 businesses. Section b does not say that.  Section b simply says the business will be defined as a Uniform Business when it qualifies for the same 2 of the 5 features listed in Section a.  

In summary, a small business will qualify for Feature 1 if it bears a, “a” can be “any”, uniform marking on 50% of in-stock merchandise.  Additionally, Feature 2 is satisfied if the business has a, “a” can be “any”,logo, trademark or service mark.  Most businesses have uniform markings and most businesses have a logo.  Since most businesses share in both Feature 1 and 2, per section b, (share the same or substantially the same two or more Features), most businesses can be defined as a Formula Business.  It is not a stretch for an attorney to argue this to be overly broad and unconstitutional as per its definition, all businesses can now be a Formula Business.

All that said, I offer you, the Walpolean voter, the following radical thought:  Why push an Article through when you not only have the Town of Walpole Planning Board publicly announcing their opposition to it, but also two Attorneys, both with over 20 years’ experience, arguing why the language should be interpreted differently.  Why not first tweak the language?  If the intent is to have the uniform marking or logo be identical across the 10 + businesses, then tweak the language to say so before enacting it into law. 

You are creating law and when you have an opportunity to avoid future litigation based on its interpretation why not do so?  I offer this because in the end, it is you, the Walpole taxpayer, that will be footing the bill to argue the issue in Court.

I thank you for taking the time to read my opinion.

To Find Comments

HELP 03/28/2023 1 Comment

There seems to be a misunderstanding about Posts and Comments. When someone Comments on a post, it goes with the Post on the homepage but does not get emailed to Followers. To see Comments, one has to go to thewalpolean.org. There are Comments that you may have missed. – Lil

From Tom Hanna

OPINIONS 03/28/2023 Comments: 2

Re: ​For Immediate Publication in The Walpolean – Response to Elana Baron’s March 24th Post Regarding Town Warrant Article 3 

I represent Walpole residents, Tom and Christie Winmill, who joined forces with multiple other voters to protect Walpole from spoiling what makes Walpole special with the infiltration of “homogenous and visually obtrusive businesses.” They asked my law firm, which specializes in land use law, to draft a zoning amendment that would give town officials better regulatory resources to address such businesses. Unfortunately, I am in the position of having to address Elana Baron’s inexplicable opposition to this public-spirited effort.

Rather than suggest a better path forward, she pokes holes at the language of the warrant article and claims that it is ambiguous and that town officials are likely to interpret the article in a manner that is completely contrary to the intent of the new ordinance provision. She does not give the town’s land use boards enough credit. She is incorrect that the language is too ambiguous for reasonable interpretation.  

If a development decision of a local land use board is appealed, the court will first look at the plain language of the ordinance.  If the court finds that the ordinance is subject to more than one plausible interpretation, it will then look to other information – such as the statement made in the preamble to the warrant article – to determine what the intent of the ordinance is and what interpretation is consistent with that intent. 

Ms. Baron has presented an unconvincing case that the language of the article is ambiguous, but in such a case, it is the intent of the ordinance that will ultimately prevail. And the intent of the proposed ordinance is to keep Walpole a special place. Walpole voters should be in favor of this ordinance. 

​​​​​​  Sincerely,

​​​​​​

​​​​​​ Thomas R.Hanna​​​​​​​​

Selectboard Meeting Minutes – 3/16/2

Uncategorized 03/24/2023 Leave a comment

Selectboard Present:  Steven Dalessio, Chair, Cheryl Mayberry and Peggy Pschirrer 

Staff Present: Sarah Downing, Jordan Cannon, Justin Sanctuary and Janet Clough

Others Present: Steve Varone

CALL TO ORDER:  Mr. Dalessio called this meeting of the Selectboard to order at 6:25 p.m. in the Walpole Town Hall.

NON-PUBLIC BUSINESS RSA 91-A:3 II (a):  Session I

Ms. Mayberry moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (a) at 6:26 p.m. Mrs. Pschirrer seconded. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened from suspension at 6:56 PM.

OLD BUSINESS:

Warrant Article #13: Mr. Varone stated that there are presently five tax exemptions: solar, current use, senior, veterans’ and blind. He said that of the five, there is only one that is income-based, and that is the one for seniors. There is no maximum income or asset amount set for the senior tax exemption. Mrs. Pschirrer reflected that the intent of the exemption was to help seniors in Town who have little resources. Mr. Varone stated that if the limits were set high, the Town would be inundated with applications. Mrs. Pschirrer commented that you cannot amend the intent of a warrant article at a Town Meeting. Mr. Varone stated that he would support Article #13 and would review the elderly exemption again the following year. Mr. Varone stated his intention is to modestly expand the senior exemption. 

ACCOUNTS PAYABLE: ACCOUNTS PAYABLE:

Ms. Mayberry moved to approve the Accounts Payable Check Register in the total amount of $738,767.46 for checks issued March 17, 2023. Seconded by Mrs. Pschirrer.  With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved. This includes a payment of $700,531.17 to Fall Mt. Regional School District. 

PAYROLL:

Ms. Mayberry moved to approve the Payroll Check Register in the amount of $28,085.94 dated March 17, 2023, and for the 941 Payroll Tax Transfer in the amount of $5,526.05.  Seconded by Mrs. Pschirrer. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – March 9, 2023: Mrs. Pschirrer moved to approve the Minutes of the Selectboard meeting of March 9, 2023. Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Ms. Mayberry was not present at this meeting.

SELECTBOARD NON-PUBLIC SESSION – March 9, 2023: Mr. Dalessio moved to approve the Minutes of the Selectboard Non-Public Session of March 9, 2023. Seconded by Mrs. Pschirrer. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. The minutes are to remain sealed. 

COMMITTEE REPORTS:

Ms. Mayberry called attention of the Board the following minutes:

• North Walpole Village Commissioners’ Meeting- February 7, 2023

• North Walpole Village Commissioners’ Meeting- February 14, 2023

• North Walpole Village Commissioners’ Meeting- February 21, 2023

• North Walpole Village Commissioners’ Meeting- February 28, 2023

• North Walpole Village Commissioners’ Meeting- March 7, 2023

Mr. Dalessio acknowledged the minutes.

PROPERTY TAX REFUNDS:

Map and Lot# 008-105-001: Ms. Mayberry moved to approve of the property tax refund of Map and Lot# 008-105-001 for $53.90 for the overpayment of tax interest. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 020-044-000: Ms. Mayberry moved to approve of the property tax refund of Map and Lot# 020-044-000: for $12.90 for the overpayment of tax interest. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

SOLAR ENERGY EXEMPTIONS:

Map and Lot# 021-023-000: Ms. Mayberry moved to approve of the solar energy tax exemption of Map and Lot# 021-023-000. Seconded by Mrs. Pschirrer. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

OLD BUSINESS:

Invoice Policy: Mr. Dalessio questioned if any changes were made. Mrs. Downing responded that none none of the content was amended. Ms. Mayberry confirmed that there is an effective date on the invoice policy. The Selectboard signed the Invoice Policy effective 3/16/2023.

Draft Procurement Policy: Mr. Dalessio postponed this policy’s review until the following week. 

PD Rev. Fund Request for Police Cruiser: Mrs. Pschirrer commented that two police vehicles arrived, and reflected on the difference in cost from what was originally priced. She reviewed with Ms. Mayberry the discussion she and Mr. Dalessio had the previous Selectboard meeting regarding the mechanisms by which the Town would pay for the two vehicles. Mrs. Pschirrer moved to approve the expenditure of $21,915 from the police revolving fund to pay for the Ford Police explorer. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

PD Capital Reserve Fund Request for Police Cruiser: Mrs. Pschirrer moved to purchase the police vehicle from Warrant #12 from 2022 with the additional cost of $11,415 to be taken from the Police Dept. Capital Reserve Fund. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Generators: Mr. Dalessio reflected on the possibility of having a generator in use for the Town Hall given the recent power outage due to the snowstorm.

Red Alert: Mr. Dalessio stated he would be speaking with Mark Houghton about the Red Alert notification system, and how people can sign up. Ms. Mayberry commented that she received three different notifications at once from the school during the recent school closures. Mr. Dalessio stated that only people who subscribe would receive the notifications.

NEW BUSINESS:

Great River Hydro Confidentiality Agreement: Ms. Mayberry moved to allow chair Mr. Dalessio to sign the confidentiality agreement so that data can be sent to Avitar for creating a draft PILOT agreement with Great River Hydro. Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Mr. Dalessio signed the agreement. 

FEMA Floodplain Maps: Mrs. Downing stated that a webinar is upcoming on 3/29 and 3/30 wherein new flood maps will be discussed. 

NON-PUBLIC BUSINESS RSA 91-A:3 II (a):  Session II

Mr. Dalessio moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (a) at 7:35 PM. Mrs. Pschirrer seconded. With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved.

The meeting reconvened at 7:58 PM.

HOOPER TRUSTEES MEETING:

Mrs. Pschirrer moved to enter into Hooper Trustees Meeting at 7:59 PM. Ms. Mayberry seconded. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened at 8:11 PM.

ADJOURNMENT:

Ms. Mayberry moved to adjourn this Selectboard meeting at 8:13 PM.  Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Respectfully submitted,

Jordan Cannon, Recording Secretary 

Rebuttal to Baron Letter

OPINIONS 03/22/2023 Comments: 2

​​​​​​​​​​March 22, 2023

To the Voters of Walpole

REBUTTAL TO BARON LETTER 

I write this letter on behalf of Walpole residents, Tom and Christie Winmill, in response to the opinion piece submitted by Elana Baron in the Wapolean on March 14, 2023 entitled “Another Point of View” regarding Article 3 of the 2023 Walpole Town Meeting Warrant. 

Ms. Baron’s interpretation of the proposed ordinance amendment regarding Formula Businesses is incorrect and her article is misleading. She contends that the proposed language would limit small local businesses from occurring in Town and suggests extreme examples of the zoning amendment’s effect on maple syrup and honey producers. Were Ms. Baron’s claims based on a rational interpretation of the proposed ordinance, it would indeed be concerning. However, Ms. Baron pointed to off-based and inaccurate grounds to support her claims.  

The new zoning ordinance is intended to preserve Walpole’s unique and distinctive character while permitting commercial development. To achieve this purpose, the ordinance introduces a definition for Formula Business that establishes a two-part method for distinguishing businesses that have standardized/ homogenous services, appearances, and other features. For a business to be considered a Formula Business it would have to have two or more of the following standardized features as 10 or more other businesses: 

(1) Array of services, menus or merchandises, with 50% or more of in-stock merchandise bearing uniform markings; 

(2) Trademark, logo, or service mark; 

(3) Architecture, façade, or exterior design;

(4) Décor or color scheme; 

(5) Uniform (other than name tags)

Ms. Baron states that “…any maple syrup producer or local honey maker who puts a uniform marking on his or her products qualifies for element number 1.” First, comparisons with maple syrup and honey making are completely inappropriate and irrelevant, because these are agricultural uses protected by State law from being limited or restricted by local land use regulations (RSA 674:32-a, RSA 674:32-b, and RSA 21:34-a). 

Second, even if maple syrup and honey producers were not exempt but used standardized packaging for their products, this feature alone does not classify a business as a Formula Business. Ms. Baron recognizes this and goes on to state: “Now let’s go to the second element; you need a trademark, logo, or service mark. How is this second element different from the first?Now, our local maple syrup producers or local honey makers have satisfied two elements.” But she conveniently glosses over the distinction and importance of the second feature and conflates it with the first feature regarding uniform markings. Packaging may be labeled with uniform markings such as a logo; however, for a maple syrup or honey producer to be considered a Formula Business it must share the same logo, trademark or service mark with 10 or more other businesses. It is implausible that a local small maple syrup or honey business, or any local small business in Walpole, shares the same logo, trademark or service mark with 10 or more other businesses. Logos, trademarks and service marks are symbols or words unique to a specific business to distinguish it from its competitors. Unlike Ms. Baron’s imprecise explanation, the ordinance is not vague about this distinction. 

Ms. Baron’s article also fails to address other important elements of the proposed ordinance. The ordinance does not outright restrict Formula Businesses. It limits to 12 the number of Formula Businesses that can occur at one time in town, a reasonable threshold for a Town as small as Walpole. It also protects existing businesses that may become a Formula Business after the adoption of the ordinance. 

Finally, if adopted, Walpole would not be the first community in the state to regulate Formula Businesses. The Towns of Jaffrey and Warner have adopted zoning regulations that define and restrict Formula Businesses. Many other communities in the state have adopted related regulations that seek to protect and promote their unique and special places from looking and feeling like anywhere else in the United States. 

Walpole is a special place that people choose to visit and to call home. It is evident that many, including Ms. Baron, want to keep Walpole special. However, this will not happen on its own. The proposed ordinance, which is consistent with the purpose of the Town’s Zoning Regulations and the Master Plan, will be a tool for the Town to maintain and promote businesses that contribute to the Town’s vitality and singularity. 

​​​​​

​​​​​​​Sincerely,​​​​​​​​​​​

Thomas R. Hanna

hanna@nhlandlaw.com

603-352-1928