The Walpolean

Selectboard Present:      Cheryl Mayberry (Chair); Steven Dalessio; Peggy Pschirrer

CALL TO ORDER:  Ms. Mayberry called this Public Hearing to order at 6:01 PM in the Walpole Town Hall.  Also present was Mrs. Sarah Downing, Manager of Administration, and Mrs. Regina Borden, Recording Secretary.  This meeting was being recorded.  There were three members of the public in attendance. 

Ms. Mayberry advised that this Public Hearing is to Request Funds from the Unassigned Fund Balance to Repair Roadways, Bridges and related Infrastructure.  The Notice of Public Hearing was read as follows:

TOWN OF WALPOLE, NH

NOTICE OF PUBLIC HEARING

SEPTEMBER 23, 2021 AT 6:00 PM

To Request Funds from the Unassigned Fund

Balance to Repair Roadways, Bridges and

Related infrastructure

You are hereby notified that the Walpole Selectboard will host a public meeting on Thursday, September 23, 2021 at 6:00 PM in the Walpole Town Hall to discuss the proposal to use the unassigned fund balance to fund necessary roadway repairs due to the stormwater damage from the July 29^th storm.

Ms. Mayberry opened the Public Hearing for comments or questions.

A resident noted that the work on Cold River Road needs to be done before it snows.  Mr. Dalessio replied it will be done before it snows.  They are waiting for material to come in as there is a 6-to-8 week lead time which takes the Town into the end of October to mid-November.  They are doing that with current existing funds.  

Mr. Jody Spivey mentioned the funding.  There is a lot of damage throughout the area.  How is that going to work with disbursing funds?  Ms. Mayberry advised they have a list of identified projects and are waiting for some FEMA money.  They need to determine how much funding they will have.  Now they are fixing the immediate roadways that have to be done.  Mr. Dalessio pointed out that this is federal money.  Within the last week or so the Governor just declared this a federal emergency disaster and requested that the federal government release money for that.  FEMA declared $2.3 million dollars of damage in Walpole.  How much of that comes back is a question.  We want to take some of the Unassigned Fund Balance now so they can get started on some of the major repairs. They know for example that School Street/Union Street/Main Street area is a disaster by itself.  That is what they are trying to do with the Unassigned Fund Balance.  Some of it may come back or it may not but they want to get started with engineering work now rather than waiting for FEMA funds. It might take six months to a year to come back.  Mr. Dalessio noted they will be trying to hire a consultant to help them identify and apply for programs that are out there.  It will be a challenge to find and hire an engineering consultant.  He has called some firms who simply told him to call back sometime next year as they are already busy working on projects.  The purpose of the meeting tonight is to authorize the Selectboard to move forward with using the Unassigned Fund Balance. Mr. Spivey said that “makes sense”. Mr. Dalessio said it will not cost much money to borrow it. 

Mrs. Pschirrer reported that when FEMA was here two weeks ago, they said it would be months before they finished their report and made the money available to the Town.  They talked about the process and expected us to get an emergency permit to repair a road such as Mill Road, which they are already working on, and then apply for money to mitigate the problem so that it does not happen again.  That is a separate amount of money.  It is complicated and frustrating.

Ms. Mayberry advised that our goal is not just to repair and mitigate later, but rather to try to mitigate as a part of the repair process and pay for it all at one time even if it will cost a little bit more. Address the problem the first time around and not do a patch job or temporary fix only to take it apart and do it over.  It seems like a waste of resources and money.  Mrs. Pschirrer thinks that is what we are doing on Cold River Road.  Mr. Dalessio said that is specific to Cold River Road; fix it right.  Ms. Mayberry said for the additional $2,000 we would rather fix it right the first time.

Pamela O’Hara advised that the Cold River Road culvert has a rough life with all the sand and gravel trucks traveling on it.  Mr. Dalessio mentioned they should be fixing the guardrail if they have not done it already.  Ms. O’Hara said they are working on the old school bus stop right now.  Mr. Dalessio advised the culvert was on their list of projects to do before the July 29^th storm.  The storm was ahead of them about two weeks.  They then decided to upgrade the culvert by making it bigger. 

Ms. Mayberry asked if there were any other comments or clarifications.  There were none. 

Mrs. Pschirrer moved to authorize this Board to sign the letter to the Commissioner of the Department of Revenue Administration indicating that no one has objected to our using the Unassigned Fund Balance. Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

ADJOURNMENT:  Mrs. Pschirrer moved to adjourn this Public Hearing.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, Ms. Mayberry declared this Public Hearing closed at 6:13 PM.

Respectfully submitted,

Regina Borden, Recording Secretary

Selectboard Present:      Cheryl Mayberry (Chair); Steven Dalessio; Peggy Pschirrer

CALL TO ORDER:  Ms. Mayberry called this Selectboard meeting to order at 6:00 PM in the Walpole Town Hall.  Also present was Mrs. Sarah Downing, Manager of Administration, and Mrs. Regina Borden, Recording Secretary.  This meeting was being recorded. 

PUBLIC HEARING:  Ms. Mayberry advised that the first Agenda item is a Public Hearing to “Request Funds from the Unassigned Fund Balance for the Repair of Roadways, Bridges and Related Infrastructure.”  The Minutes of this meeting are separate as they will be sent to the Department of Revenue Administration Commissioner. They are also available to the public.

NON-PUBLIC SELECTBOARD SESSION:  Mrs. Pschirrer moved to enter into a Non-Public Selectboard Session pursuant to RSA 91-A:3 II to discuss (b) Hiring.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved at 6:15 PM.

This meeting resumed at 6:42 PM.

Mrs. Pschirrer moved that the Minutes of the Non-Public Selectboard Session of September 23, 2021, will be sealed.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved. 

Ms. Mayberry continued this Selectboard meeting at 6:43 PM in the Walpole Town Hall.  There were eleven members of the public in attendance.

PUBLIC BUSINESS:

Whipple Hill Road Petition and Access Concerns:  Ms. Mayberry read the following Petition that was received on September 22, 2021, and was signed by twelve (12) Town residents.

Petition to the Walpole Selectboard

“We the listed residents owning property along Whipple Hill Road in Walpole, object to the privately installed gates placed within the public right-of-way of Whipple Hill Road.  As these gates were installed without authorization of the Walpole Selectboard, are unsightly and interfere with public use of the Town highway, we implore the Walpole Selectboard to immediately remove or compel the removal of the gates.

Thank you for your anticipated attention to this reasonable request for action.”

Ms. Mayberry opened this portion of the meeting to the public for comments.

Mr. Larry Leclerc lives at 721 County Road.  It is a farm owned by Jan Galloway-Leclerc, Joan Galloway, himself plus other family members.  They have property on Rapids Road that is accessible by Whipple Hill.  The gates are a big hindrance especially with farm equipment. They are set-up so they look like they are locked.  He has had people tell him they tried to go from Whipple Hill to Rapids Road and the gates are locked.  It is unacceptable. People want to use that road for horseback riding so they would have to get off their horse, open the gate, pull it forward and then close the gate.  One gate is right at the end of the Spivey driveway.  There is a bridge on Rapids Road where the approach for the bridge got washed out on the July 29^th rain storm.  He talked to Mr. Rau this morning who said it was okay to fix it so people could use Rapids Road. Mr. Rau suggested he check with the Selectboard for the go-ahead.   Cold River Materials will donate the materials to fix the access to the bridge.  On the Pelsue Road there is a big berm that was put there with the approval of the Selectboard or Road Agent.  It was hard to get over it with a snowmobile, etc.  It is also a Class VI Road.  Mr. Leclerc would like to talk to Mr. Rau about what the Snowmobile Club has to do on the Pelsue Road   How far back do they have to go to cut brush from the center right-of-way of the Class VI road.  Nothing else will be affected.   Ms. Mayberry advised they will have to get back to Mr. Leclerc.

Mr. Jason Perron stated that none of these Class VI roads are subject to gates and bars; right. Mrs. Pschirrer replied “not that they are aware of”.  Mr. Perron said then none of this should have been done on this road.  Historically for recreation, Fish & Game would stock game in that area but because of him they no longer do this.  He is trying to end this classic Town.  Ms. Mayberry commented under the “Right to Know” or the “Freedom of Information Act” any resident at any time can ask for that information. It is not one person that has made that request of the Town.  She would caution him to be kind in his words and to be factual.  Mr. Perron understands that but this was his opinion.

Mr. Lew Shelley said that a few questions that come up for him are: Do all the abutters have to agree to having gates installed on a Class VI road?  It is a long road with access from two ends.  Mr. Dalessio said a lot of his questions asked tonight are the same ones the Selectboard is waiting for answers from the Town attorney.  They are not responding because of Attorney-Client communications.  Ms. Mayberry noted they just want to give the public an opportunity to say what is on their mind.  She communicated with the attorney yesterday. There is a similar case that he would like the opportunity to see what the judgment was.  He is trying to get that information.  They appreciate hearing their comments and questions.  Mr. Shelley made a few other comments.  As farmers face the challenge of moving machinery through the gates, it should also be noted that rescues may be impacted if access is a concern.  Following upon the previous question, winter access cannot be impeded according to the laws regarding gates and bars.  Should the gates remain, the law states that the road must remain passable all year long.  He is concerned that snow will be plowed in such a way that the gate can’t be opened or closed properly. Mr. Dalessio said that the road needs to remain open year round.  People go in there with snowmobiles and emergency vehicles need access if someone gets hurt.  Mrs. Pschirrer noted it is a public road.  Mr. Shelley’s concern is if this continues it may set a precedent for other people living on class VI roads to follow.  Ms. Mayberry noted we are still looking into this.  They want to be fair and thorough according to the law.  At this time we need to wait before they make any firm decisions.   

Mr. Larry Leclerc stated that Walpole is a unique place, a wonderful Village that people love to come to.  We have a big network of all kinds of different people.  He believes Walpole has the most dairy farms left in the State. There is hunting and walking on the Class VI roads.  We do it for everyone to enjoy.  These bars and gates are taking the character out of Walpole.  Mr. Leclerc asked if they can fill in the ramp/approach for the bridge he previously mentioned. They need to get it fixed for access.   Mrs. Pschirrer has no problem with them fixing it especially after she saw pictures of the damage.   The Selectboard approved this request to fix the access to the bridge.               

Veterans’ Memorial on the Common:  Mr. Bruce Martin wanted to discuss moving the inscription process to the Town.  The American Legion has dissolved in Walpole.  There are not many applications; this year there was one application. They have given the Town all of their money.  The applications could go into the Selectboard Office and the staff will have to determine how they want to process them.  He could spend some time working with them explaining how he did it.  Mrs. Pschirrer had a question as to how they verify if an individual was from Walpole and if they deserve to be on that monument.  Mr. Martin felt they could call on the people who lived here all their lives to confirm information.  Mrs. Downing noted they might have some information on file.  Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry agreed to take over the responsibility of the Veterans’ Memorial on the Common.  Ms. Mayberry thanked Mr. Martin for having done this over all the years; it is appreciated.   Mrs. Pschirrer expressed her sorrow that the dogwood tree did not last by the Memorial.  They are waiting for the tree report from the arborist.

ACCOUNTS PAYABLE:

Mrs. Pschirrer moved to accept the Accounts Payable Check Register in the amount of $129,729.59 for checks issued September 24, 2021.  This includes a payment in the amount of $50,610.00 to the Fuzzy Brothers for repairs to Mill Road which experienced stormwater damage.  Seconded by Mr.  Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

PAYROLL:

Mrs. Pschirrer moved to accept the Payroll Check Register for the week ending September 18, 2021, in the amount of $28,619.07 for checks dated September 24, 2021, and for the 941 Payroll Tax Transfer in the amount of $5,541.09.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

SELECTBOARD MEETING MINUTES:

SELECTBOARD MINUTES – September 16, 2021:  Mrs. Pschirrer moved to accept the Minutes of the Selectboard meeting of September 16, 2021, as submitted.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the Minutes were approved.

NON-PUBLIC SELECTBOARD SESSION MINUTES – September 16, 2021:  Mrs. Pschirrer moved to accept the Minutes of the Non-Public Selectboard Session of September 16, 2021, as submitted.  These Minutes will remain sealed.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the Minutes were approved.

COMMITTEE REPORTS:

The Selectboard acknowledged receipt of the following Committee reports:

• Conservation Commission Meeting Minutes – September 13, 2021;
• Planning Board Meeting Minutes – September 14, 2021;
• Zoning Board of Adjustment Meeting Minutes – September 15, 2021.

BUILDING PERMITS:

Permit #2021-36 – MAP and LOT #001-008-000:  Mrs. Pschirrer moved to grant Building Permit #2021-36 for the owner(s) of Map and Lot #001-008-000 to construct a “36’ by 32’ Garage”.  Seconded by Mr. Dalessio.  With Mrs.  Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Permit #2021-37 – MAP and LOT #007-011-000:  Mrs. Pschirrer moved to grant Building Permit #2021-37 for the owner(s) of Map and Lot #007-011-000 to add a “16’ by 10’ Front Porch”. Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

OLD BUSINESS:

ARPA Municipal Supplement:  Mrs. Pschirrer moved to authorize Mr. Richard Kreissle, Manager of Finance, to be an authorized representative to sign the Cheshire County ARPA Municipal Supplement form.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Mill Pond and Other Town Dam Inspections: Mr. Dalessio and Mrs. Pschirrer attended the Dam Inspections.  Mr. Dalessio reported that Mill Pond is moving forward.  However, there are lots of issues with Reservoir Dam.  He expects to see a report in about a month. 

Discretionary Preservation Easement Deed:  Ms. Mayberry advised this is for Tax Map 5, Lot 1 owned by the Caserta Trust.  Mrs. Pschirrer feels it is a good Discretionary Preservation Easement Deed.  After it is signed, the Town will record it in the Registry of Deeds.  It will be assessed at 50% of its value.  It does not automatically renew.  The Selectboard acknowledged and approved the Discretionary Preservation Easement Deed for the Caserta Trust.   

Arborclimb Quote for Trees on Common/Town Hall Properties:  The Selectboardis anxious to see the quote from Arborclimb.  Ms. Mayberry summarized the discussion by stating that if the report is not here by Friday, Oct. 1^st, Mrs. Downing will follow-up with them.

Masksin Municipal Buildings’ Public Spaces:  Ms. Mayberry reported that last week the Selectboard agreed to require the wearing of masks during public meetings.  She asked if they want to be renting out the Town Hall.  If so, they should charge a cleaning fee.  Mrs. Pschirrer noted one rental request that came in is from a family who rent the Town Hall each year for a holiday family gathering.  Mr.  Dalessio pointed out it is the size of the group.  Mrs. Pschirrer would charge them a clean-up fee but also request that they sign a Waiver of Liability.  They will be required to wear masks.  Ms. Mayberry advised that masks will be required for any group being in the Town Hall and should be distanced where appropriate.  There will be a cleaning fee for families who rent the Town Hall plus they will be required to sign a Waiver of Liability.  Boy Scouts and other groups can continue to use the Town Hall but they have to meet the mask requirement.     

Pending Further Actions:

Vilas Bridge, Houghton Brook Bridge, Generators, Three Phase Power for Industrial Avenue and Bensonwood:  There were no updates at this meeting.

NEW BUSINESS:

Cemetery Deed D536:  Mrs. Pschirrer moved to approve the sale and to sign the Cemetery Deed for Lot D536.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Recreation Department Revolving Fund Request – Hockey Rink:  Mrs. Pschirrer moved to approve the Recreation Department’s Revolving Fund Request to purchase a EZ Hockey Rink for the amount of $4,790.  This will provide winter activities for the community such as hockey and skating.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Recreation Department Revolving Fund Request – Storage Shed:  Mrs. Pschirrer moved to approve the Recreation Department’s Revolving Fund Request to purchase a 10 ft by 20 ft Storage Shed for the amount of $6,094.  This will be used to hold equipment such as basketballs, soccer goals, soccer balls and other outdoor equipment that their sport programs use. Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.  

NH DOT Public Hearings for Ten (10) Year Plan:  There will be a NH Department of Transportation Public Hearing for the Ten (10) Year Plan on Tuesday, October 5^th, 2021, at 7:00 PM in Keene at the Recreation Center.  Ms. Mayberry mentioned the Transportation Advisory Committee (TAC) is going to meet on Monday to talk about the Governor’s Advisory Commission on Intermodal Transportation (GACIT) meetings.  People will be able to go to speak on the transportation concerns they have.

Farmers’ Market on Common:  There will be a Farmers’ Market on the Common on Saturday, November 20, 2021.  The Town Hall bathroom access will be available from 10:00AM to 2:00PM.

ADJOURNMENT:

Mrs. Pschirrer moved to adjourn this Selectboard meeting.  Seconded by Mr. Dalessio.  Ms. Mayberry asked if there was any discussion.  There was none.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry, the meeting was adjourned at 7:41 PM.

Respectfully submitted,

Regina Borden, Recording Secretary

TOWN OF WALPOLE

SELECTBOARD MEETING AGENDA

September 30, 2021

Starting at 6:30 PM in the Town Hall

SELECTBOARD MEETING

ACCOUNTS PAYABLE

• Accounts Payable Check Register in the total amount of $502,602.60 for checks issued 10/01/21

PAYROLL

• Payroll Register totaling $29,532.20 dated 10/01/21 and the 941 Payroll Tax Transfer of $5,795.64

SELECTBOARD MEETING MINUTES

• Selectboard Public Hearing – September 23, 2021
• Staff Meeting – September 23, 2021
• Selectboard Minutes – September 23, 2021
• Non-Public Session Selectboard Minutes – September 23, 2021

COMMITTEE REPORTS

Library Board of Trustees Meeting Minutes – September 14, 2021

OLD BUSINESS

• NH DRA Approval Letter for Emergency Expenditures
• Quitclaim Deed for Map and Lot# 009-024-000
• Quitclaim Deed for Map and Lot# 024-005-000
• Request for Encumbrance for $89,500 for Painting of Town Hall
• Request for Encumbrance for $15,900.00 for Repair of 2^nd Floor Ceiling in Town Hall
• Community Power Coalition Public Meeting Notice
• Meeting with the Trustee of Trust Funds
• The Restaurant at Burdicks Outdoor Dining Request

Pending Further Actions

Vilas Bridge, Houghton Brook Bridge, Generators, Three Phase Power for Industrial Avenue and Bensonwood

NEW BUSINESS

• Town Clerk/Tax Collector’s Change of Office Hours
• Tax Deeding Protocol
• NH Agency Directors’ Presentation re: Funding Opportunities for Storm Water Disaster Recovery & Mitigation
• Walpole Schools’ Halloween Parade and Elm Street
• NHMA Conference
• Avitar Notice for 2022 Utility Rates

NON-PUBLIC BUSINESS: RSA 91-A:3 II

The Blessing of the Animals is this Sunday, October 3rd from 3:00 to 4:30 on Washington Street across from the church. Thanks to Erik Merklein for noticing the omission and someone from the First Congregational Church for providing the answer to his question. Teamwork fixes everything but follow-up (like this) never hurts!

A compelling message for you from Andea Johnson and everyone at Our Place. – Lil

Friends, 

On Friday, October 1st, between 10 and 4 Our Place is having their annual Drive By Food Drive.  You can pull up in front of the Opera House and a volunteer will step up to your car and take your donation.  This year the donations will not be put on the seats inside the Opera House but will be put in the van parked in that area. 

Donations can also be dropped off at the building on Island St. 

Monetary donations are always very welcome and appreciated:  Our Place    P. O. Box 852    Bellows Falls, VT  05101 

Stay well and safe! 

Andrea

Selectboard Present:      Cheryl Mayberry (Chair); Steven Dalessio; Peggy Pschirrer

CALL TO ORDER:  Ms. Mayberry called this Selectboard meeting to order at 8:30 AM in the Walpole Town Hall.  The three Selectboard members were present.  Also present was Mrs. Sarah Downing, Manager of Administration, and Mrs. Regina Borden, Recording Secretary. This meeting was being recorded.  There were no members of the public in attendance.

ACCOUNTS PAYABLE:

Mrs. Pschirrer moved to accept the Accounts Payable Check Register in the total amount of $645,129.83 for checks issued September 17, 2021.  This includes a monthly payment in the amount of $607,559.42 to the Fall Mountain Regional School District.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

PAYROLL:

Mrs. Pschirrer moved to accept the Payroll Check Register for the week ending September 11, 2021, in rhe amount of $28,844.28 for checks dated September 17, 2021, and for the 941 Payroll Tax Transfer in the amount of $5,590.25.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MINUTES – September 9, 2021:  Mrs. Pschirrer moved to accept the Minutes of the Selectboard meeting of September 9, 2021, as submitted.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the Minutes were approved.

NON-PUBLIC SELECTBOARD SESSION MINUTES – September 9, 2021:  Mrs. Pschirrer moved to accept the Minutes of the Non-Public Selectboard Session of September 9, 2021, as submitted.  These Minutes will remain sealed.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the Minutes were approved.

REFUNDS:

MAP and LOT #028-008-000:  Mrs. Pschirrer moved to grant the Property Tax Refund in the amount of $153.56 for the owner(s) of Map and Lot #028-008-000.  This is due to an overpayment of property taxes.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

OLD BUSINESS:

Draft Letter to DRA Commissioner:  The Selectboard reviewed and approved the draft letter to the Department of Revenue Administration Commissioner to request approval to allow us to use the Unassigned Fund for highway projects and related infrastructure related to the flooding damage.  There was a consensus to sign this letter on September 23^rd, 2021, after the Public Hearing.

Solar Exemption: Ms. Mayberry asked Mrs. Downing if they have identified the properties with a large number of panels and, if so, have they requested copies of electric bills.  Are they selling to the grid or just covering their own expenses?  Mrs. Downing noted there are not that many.  She will do it before the next tax year.  At this point she cannot change anything.  Mrs. Downing will prepare a questionnaire.  After copies of electric bills are received the information will be sent to Avitar Associates for their calculations.     

Mill Pond Dam Inspection:  The Mill Pond Dam Inspection is scheduled for Thursday, September 23^rd at 10:00 AM.    

Pending Further Actions:

Vilas Bridge, Houghton Brook Bridge, Generators, Three Phase Power for Industrial Avenue and Bensonwood.   There were no new updates to these agenda items.

NEW BUSINESS:

Cemetery Deed D576:  Mrs. Pschirrer moved to approve the sale of Cemetery Deed D576.  Seconded by Mr. Dalessio. With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Petition and Pole License:  Ms. Mayberry explained this Petition and Pole License submitted by Liberty Utilities is for North Road and the expansion to the Hubbard Pomerloy Farm on the north side of the cemetery.    

Mrs.  Pschirrer moved to approve and sign the two requests of Liberty Utilities to install three poles up North Road to the Hubbard Pomerloy Farm.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.        

Contract for Cheshire County ARPA Funding:  The Selectboard acknowledged receipt of a letter from the County of Cheshire regarding the American Rescue Plan Act (ARPA).  There was a consensus to hold off signing their letter until the next meeting.  Contracts need to be signed by December 31, 2021.  

Wantastiquet Local River Subcommittee Appoint Form:  Mrs. Pschirrer moved to approve the appointment of Paul Reyns to the Wantastiquet Local River Subcommittee.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Mr. Reyns wrote a letter of interest.  He has been volunteering to take monthly river water samples.

Facial Masks and Municipal Buildings:  Mrs. Pschirrer reported a number of people are asking about this as the COVID numbers are increasing in Cheshire County.  The Women of Walpole just cancelled all their meetings.  The Library is requiring that masks be worn.  The masks do make it more difficult for people to hear.  Mr. Dalessio has no issues with requiring the wearing of masks in public buildings but they need to enforce it.  Ms. Mayberry noted if they are going to do this they need to send all employees a notice in writing.  There was discussion relative to enforcing masks.  There are economic issues in terms of the employees if they are out of work due to COVID related circumstances. Mr. Dalessio felt a compromise might be to require that all people attending meetings need to wear masks.  Mrs. Pschirrer would encourage employees to wear their masks.  At some point we hope COVID will retreat but it might not go away.  It is flu season again.  For now she felt they can require that people wear facial masks when attending public meetings and they encourage all people, including employees, to wear masks. Mr. Dalessio mentioned that they encourage all employees to get vaccinated.         

RECESS SELECTBOARD MEETING:

Mr. Dalessio moved to recess this Selectboard meeting.  The Selectboard will enter into a meeting as the Hooper Trustees.  Seconded by Mrs. Pschirrer.  With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved at 9:02 AM.

The regular Selectboard meeting resumed at 9:22 AM.

Selectboard Meeting –September 23, 2021- Page 3

NON-PUBLIC SELECTBOARD SESSION:

Mr. Dalessio moved to enter into a Non-Public Selectboard Session pursuant to RSA 91-A:3 II to discuss (a) Personnel and (c) Reputations.  Seconded by Mrs. Pschirrer. With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved.

The regular Selectboard meeting resumed at 9:32 AM. 

Mrs. Pschirrer moved that the Minutes of the Non-Public Selectboard Session of September 16, 2021, will be sealed.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

ADJOURNMENT:

Mrs. Pschirrer moved to adjourn this Selectboard meeting.  Seconded by Mr. Dalessio.  Ms. Mayberry asked if there was any discussion.  There was none.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the meeting adjourned at 9:33 AM.

Respectfully submitted,

Regina Borden, Recording Secretary

                                                                            

Present: Board Members Chair Jan Galloway-Leclerc, Vice-Chair Myra Mansouri, Clerk Tom Murray, Ernie Vose, Alternates Judy Trow and Dave Edkins. Absent: Board member Pauline Barnes, alternate Don Sellarole.

Recording: Marilou Blaine. These minutes were recorded. They are unapproved and will be reviewed at the October 2021 meeting for corrections, additions and/or omissions.

Roll Call: Ms. Leclerc called the meeting to order at 7pm. One board member was absent so alternate  Ms. Trow was asked to sit in her place. She agreed.

Minutes: Minutes of August 2021. Corrections: Ms. Leclerc asked that on page 4, paragraph 3 that the two sentences about the Planning Board participating in discussion of the feather flags be stricken. Page 1, paragraph 4, change it to say come out of nonpublic page 1, paragraph 6, Ms. Trow removed the word “of” in the second sentence and on page 3, second to last paragraph change “Sort” to “Short.” Ms. Trow made a motion to approve the minutes as amended. Mr. Vose seconded the motion and the motion carried.

Old Business:

Public Hearing No. 1: Special Exception for Doug and Laura Palmer, 308 Main St., Tax Map 24, Lot 13 in the Commercial District. Ordinance Article IV No. 9 Special Exceptions. Smart Power Sports, a retail and commercial storage business in the former RN Johnson building. Request for a sign 33-inches-by-22-inches to hang off the road side of the building. Problem: distance from edge of traveled road.

Mr. Palmer said because the building is so close to the road, it impossible to have a sign 60 feet from the edge of the road. So the sign would be 18 feet from the road and it conforms to the Special Exception requirement to be less then six square feet. Ms. Trow asked if the sign would be lighted. Mr. Palmer said not at this time. 

Mr. Murray said that Article IV No. 9 Special Exceptions states the “signs of six (6) square feet may be placed between ten (10) and sixty (60) feet of traveled roadway by Special Exception from the Board of Adjustment.” Since the sign Mr. Palmer presented is less than 6 square feet, Mr. Murray said, he has a legitimate special exception. The sign will be attached from the road side of the building and is high enough (10 feet off the ground) that it eliminates the potential limitation of visibility for vehicles going by. Mr. Murray made a motion that the sign be approved for Doug Palmer, 308 Main Street to accommodate a vertical sign off the side of the building. Mr. Murray’s motion was seconded and the motion carried. Ms. Leclerc asked Mr. Palmer to take a picture of the sign when it is installed and send it to the secretary. The secretary will send Mr. Palmer an approval letter and copy it to the Town Offices. 

Mr. Palmer did not read his answers to the criteria on the Special Exception application. They will be attached to the end of the minutes. 

Public Hearing No. 2. Variance: building addition. Peter and Kimberly King, 46 Dearborn Circle, Map 24, Lot 55-12 in Residential B District. Ordinance Article V C 2 distance from middle of the road. The Kings want to build a 20-foot-by-12-foot living room on the front of their home. They are 63 feet from the center of the road and the ordinance states the building must be 65 feet.

In the August meeting, Mr. King spoke about a spruce tree he had planted in front of his house when the family moved in. The tree was where the addition was going to go and he had to have it removed. It had gotten quite large. Ms. Leclerc is the person who removed the trees and cut it into boards. She recused herself from participating in the public hearing and alternate Dave Edkins was asked and agreed to sit in for her. The vice-chair Myra Mansouri stepped in for Ms. Leclerc.

Since Mr. Edkins had not been at the previous meeting when the Kings presented their proposal, Ms. Mansouri asked Mr. King to explain what they wanted to do. Mr. King explained that they had lived at 46 Dearborn Circle and moved there 15 years ago after their son was born. After deciding that they wanted to remain in that neighborhood and not move, they hired an architect to do a complete set of plans to build a 12-foot-by-20-foot addition. They needed the space as their family has grown and the children are older. But because they were 2 feet shy of conforming to the ordinance of distance to the middle of the road, they were required to get a variance. The two feet will make an incredible difference to their addition and he is hoping the board will allow the two feet for this single-family residence. 

Ms. Mansouri asked if all the letters been sent out to abutters, if the fees had been paid, is the application filled out and if anything has come back from the abutters about the project. The secretary said yes to all the requirements and no to the comments from abutters. A friend, Sue Fillion, who lives on Booksellers Road in Walpole, helped them work through the application and read the answers to the five criteria.  

1. The proposed variance will not diminish surrounding property values.

The proposed variance would allow a small addition to an existing single-family home. The addition will add value to our home and therefore not diminish the values of surrounding properties. It has been designed by an architect. We are not assessors or people listing real estate, but we do not believe the small addition to a single-family residence in a residential neighborhood will diminish the surrounding property values. There’s plenty of space surrounding the house. 

2. Granting the variance would be in the public interest.

The guidelines are that it doesn’t have to show that there is a public interest, just that it wouldn’t conflict with a public interest, Ms. Fillion said. 

Granting this variance will benefit the public interest as there is an existing single-family residence on the parcel and the intent of the Residential B District is to promote single-family residential use. Given the existing residence on the parcel, permitting the variance will not affect the neighborhood or alter its essential characteristics. 

3. Denial of the variance would result in unnecessary hardship to the owner.

This parcel of land is uniquely shaped as it tapers to the south to form a triangle-shaped piece of land. It is different than most parcels in the neighborhood that are rectangular. It is also on the same side of the street where the deck is smaller than at the other houses.

The abutting properties and those to the north on the same side of the street are deeper. Our house was built on the widest part of the property. Given the existing single-family residential neighborhood, permitting the variance will not affect the neighborhood or alter its essential character.  

Ms. Fillion said the lot is an odd shape. The house is on the widest section of the lot and then it tapers like a pie towards the south. It is uniquely different than other lots in the neighborhood.

4. Granting the variance would do substantial justice.

There is no gain to the general public by the denial of the variance since granting the variance would not result in any change to the existing use of the residence on the property or a change in the neighborhood. It will allow us more living space for our family while maintaining a modest-sized home in keeping with the character of the neighborhood. It will not affect traffic flow or cause unsafe road conditions. There is still 63 feet to the center line. This is a small residential street that only has local traffic.

Ms. Fillion added that it won’t negatively affect a neighbor’s property.

5. The proposed variance is not contrary to the spirit of the ordinance.

This property is zoned Residential District B. According to the ordinance, “The purpose of establishing a Residential District is to preserve free from the distraction of business, traffic noise and odor, those areas of Town suitable for quiet and safe residence and to assure those who built houses there that they may continue to dwell in such comfortable surroundings.”  The variance, if granted, will not change the existing single-family character nature of the neighborhood.

Ms. Fillion said this is the goal of a use of property in a residential district. No traffic. No congestion. It’s in keeping with the neighborhood. It doesn’t result in crowding other homes on the street. 

Ms. Mansouri asked if there were any questions. Mr. Vose asked what the setbacks were on the other sides of their property. Mrs. King looked at the application and said 89 feet at the rear, 52 feet on the north side and 145 feet on the south side.

The variance process is to comment on each of the criteria and then approve the entire variance in one vote. Mr. Vose made a motion to accept the proposal as presented, Mr. Edkins seconded the motion and the motion carried.

Ms. Trow thanked the Kings for their thorough and thoughtful answers, it doesn’t always happen, she said. Mr. Vose congratulated them on a well-done application. Some members of the board applauded them and said it was the best thought-out variance application they had seen in years.

Mr. King was told he needed to go to the Town Offices for a building permit. The secretary will write an approval letter.

Report on Public Hearing with the Planning Board

Ms. Leclerc said she presented her two amendments to the Planning Board and right away it was pointed out that the words “wind-activated” signs like feather flags was a problem. Mr. Dalessio asked what about putting out a sign with the word “Open” on it. Is that prohibited? Ms. Leclerc said she didn’t really know how to answer that. She thought we had thought of every possible type of flag. Flags along the highway and feathered out along the highway were the issue, Ms. Mansouri said. That was the intention. One suggestion from the board was that we take out wind-activated and just have inflatable signs, feather flags, etc. She was also told that we make sure that that’s what feather flags  are really called. So we are not just making up a name and it’s called something else. 

Mr. Vose asked Mr. Edkins what they did in Charlestown. Mr. Edkins didn’t recall it ever being an issue. As far as signs saying “open,” they were exempt, Mr. Edkins said. The Superior Court says you can’t prohibit what is said on a sign, Ms. Leclerc said. One suggestion from the Planning Board was that the feather flags be put in the amendment regarding temporary sign so there is a time limit.

Mr. Edkins asked if the board can make a distinction between informational signs and commercial promotional signs. Also, if the open sign were attached to the building, as opposed to a sign along the road, that is better, Mr. Murray said. That would make a big difference because the ones by the road distract drivers. Ms. Leclerc suggested everyone reread the court ruling on signage.

It was suggested Ms. Leclerc call the NH Municipal Association and ask about feather flags and what should be included in the ordinance. Ask what they would suggest about wording. Should there be a time period?. When Joanna Andros came to the ZBA, it was 24-7. Ms. Leclerc said another thing is that all of those signs, we never saw a single business come to the ZBA.

Is feather flags the correct terminology? Mr. Edkins googled feather flags and samples of the flags that we were discussing were displayed on the screen.

Ms. Leclerc hopes she may be hearing some suggestions from the board. Then the ZBA board will pull together what it finds out from the municipal association. She will let the board know what suggestions she gets.

Also since the Planning Board voted to continue the hearing next month, the Zoning Board won’t have a meeting before they meet. So the board needs a workshop meeting to come up with an alternative ordinance. After checking their schedule, board members decided on Tuesday, October 5 at 7 pm in the Town Hall.

Email account for Zoning Board

Ms. Leclerc and Ms. Mansouri attended the Select Board meeting on August 26, 2021. They explained that ZBA Board member Pauline Barnes attended a “Right to Know” webinar given by the NH Municipal Association. The Select Board minutes state say that Ms. Leclerc said that “two lawyers suggested it might be a good idea for boards to set up a separate email account solely for board business. Some ZBA members are concerned about some recent court rulings regarding email and town officials. Therefore, the members wanted to discuss this with the Selectboard.” Ms. Leclerc and Ms. Mansouri wanted to know if this was possible and if so how would it work.

Ms. Dalessio said the board members would have to bring in their computers to allow the Town’s network company to do it. The Town doesn’t back-up their emails. It would be the responsibility of the members. The Town used to have a ZBA address, but it was never used. Ms Pschirrer said that emails have been able to be subpoenaed for a long time. Depending on who was coming after them they could still go after the individual’s email depending on their levels of distrust. 

Ms. Leclerc gave the example of the school board members from Charlestown when they the town was trying to leave the district. The court looked at the individual computers of the members and found they were emailing one another.

After Ms. Leclerc brought back the information from the Select Board to the Zoning Board, it was agreed that all that hassle wasn’t worth creating a town email account, if private emails could be subpoenaed anyway.

A motion was made and seconded to adjourn the meeting. The motion carried. 

Respectfully submitted,

Marilou Blaine

ZBA Secretary 

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cc: ZBA, WPB, Town Offices.

Posted: Inside Town Offices, on bulletin board outside Post Office, The Walpolean, http://www.walpolenh.us

Next meeting: Wednesday, October 20, 2021. 

Workshop: Tuesday, October 5, 2021.