The Walpolean

​​​​​​​​​​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

The Public Meeting regarding electric rates is indeed on March 22nd, NOT the 23rd. Those who only read headlines are all set. That was correct. – Lil

PUBLIC MEETING:MARCH 23
     7:00 pm, Town Hall

Walpole Power Committee will discuss the new, lower power cost from Community Power Coalition of  New Hampshire. .

Please attend to learn how we are going to save on our electricity!   

Roll Call: Present: Board members Chair Jan Galloway-Leclerc, Pauline Barnes, Tom Winmill. Alternates: Don Sellarole, Carolyn Vose, Shane O’Keefe. Absent: Board members Vice-Chair Judy Trow and Tom Murray. Alternate: Dave Edkins and Myra Mansouri.

Recording: Secretary Marilou Blaine. These minutes were recorded and are unapproved. They will be reviewed at the April 2023 meeting for corrections, additions or omissions.

Called to order: Ms. Galloway-Leclerc called the meeting to order at 7:05 pm. Alternates Don Sellarole and Carolyn Vose were asked to fill in for two absent board members and they agreed.

Minutes of January 2023: Ms. Leclerc made two corrections in the section titled Reviewing Sealed Minutes. In the third and fourth sentence the word “unsealed” should be “sealed.”
Ms. Vose made a motion to approve the amended minutes of March 15, 2023. Mr. Sellarole seconded the motion and the motion carried. 

Old Business:

Second Reading of Updated Bylaws

The Board began working on updating the Bylaws in November 2022. In January 2023, board members read aloud the amended document at the meeting according to Article X, which states that “by majority vote of the members provided that such amendment is read at two successive meetings.” After the conclusion of reading the Bylaws aloud for the second time, Ms. Vose made a motion to approve the Updated Bylaws. Ms. Barnes seconded the motion. Before a vote could be held on that motion, Mr. O’Keefe suggested that the date of January 2023 be changed to March 2023 because that is when the final reading occurred. So a motion was made to change the date of the updated Bylaws document to March 2023. Ms. Vose made a motion to change the approval date from January 2023 to March 2023. Mr. Sellarole seconded the motion and the motion carried. Then Ms. Vose repeated her motion to approve the updated Bylaws. Ms. Barnes seconded the motion and the Board voted unanimously to approved the updated Bylaws.

Minutes of nonpublic session held in January 2023.

After reading the minutes of these nonpublic session minutes, Ms. Barnes made a motion to approve the nonpublic minutes of January 2023. The motion was seconded by Ms. Vose and the motion carried. 

The Board went into nonpublic session at 7:45 pm to consider two previously sealed minutes. The Board came out of nonpublic session at 8:30 pm.  Ms. Vose made a motion to come out of nonpublic session. Ms. Barnes seconded the motion and the motion carried.

After the sealed minutes of July 15, 2020 had been read by the Board, Mr. Winmill made a motion to unseal the minutes. Ms. Barnes seconded the motion but a vote was never taken. Several Board members were uneasy about the repercussions of making the sealed minutes public. After a lengthy discussion about the sealed minutes of July 15, 2020, the Board was still divided between sealing and unsealing. Ms. Barnes suggested that maybe the NH Municipal Association should be consulted. Ms. Vose made a motion to have Chair Leclerc get an opinion from the NH Municipal Association on the contents of the July 15, 2020 nonpublic session minutes and whether they should remain sealed. Ms. Barnes seconded the motion and the motion carried. The Board will revisit what to do with these minutes at the April meeting. 

Minutes of nonpublic session dated July 21, 2021.

After reading the nonpublic sealed minutes, the Board came out of nonpublic session to vote on the nonpublic minutes of July 21, 2021. A motion was made by Ms. Vose to unseal these minutes was made by Ms. Vose and seconded by Ms. Barnes. It carried unanimously.

Adjournment: 

Ms. Barnes made a motion to adjourn. Mr. Winmill seconded the motion and the motion carried. It was 8:40 pm.

Respectfully submitted,

Marilou Blaine

Recording Secretary

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

Staff Present: Sarah Downing, Jordan Cannon

CALL TO ORDER:  Mr. Dalessio called this meeting of the Selectboard to order at 6:30 PM in the Walpole Town Hall. Mr. Dalessio commented upon the absence of Cheryl Mayberry. 

ACCOUNTS PAYABLE:

Mrs. Pschirrer moved to approve the Accounts Payable Check Register in the total amount of $83,689.59 for checks issued March 10, 2023. Seconded by Mr. Dalessio.  With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. This includes a payment of $30,685.75 to NH Retirement System.

PAYROLL:

Mrs. Pschirrer moved to approve the Payroll Check Register in the amount of $34,318.13 dated March 10, 2023, and for the 941 Payroll Tax Transfer in the amount of $7,420.48.  Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – March 2, 2023:  Mrs. Pschirrer moved to approve the Minutes of the Selectboard meeting of March 2, 2023. Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

SELECTBOARD NON-PUBLIC SESSION – March 2, 2023:  Mrs. Pschirrer moved to approve the Minutes of the Selectboard Non-Public Session of March 2, 2023. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. The minutes are to remain sealed. 

COMMITTEE REPORTS:

Planning Board Workshop Meeting- February 28, 2023: Mrs. Pschirrer called to attention the minutes of the Planning Board Workshop meeting of 2/28/2023. 

PROPERTY TAX ABATEMENTS:

Map and Lot# 023-014-001: Mrs. Pschirrer and Mr. Dalessio signed the property tax abatement of $22 for Map and Lot# 023-014-001. The motion was approved at the prior Selectboard Meeting.

OLD BUSINESS:

Houghton Brook Bridge Aid letter: Mr. Dalessio stated that engineering consultants have been contacted regarding Houghton Brook Bridge. Mr. Dalessio signed the Houghton Brook Bridge Aid letter. 

Houghton Brook Bridge Update: Mr. Dalessio stated that a temporary bridge will need to be built. He said that the Town has received only have one quote thus far. The project may be completed in 2025.

North Walpole Polling Location: Mr. Dalessio stated that St. Peter’s agreed to pay for the insurance for the Voting Day event.

Invoice Policy: Mrs. Pschirrer motioned to approve and sign the Invoice Policy. Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Mrs. Downing confirmed with the Selectboard that the policy would be emailed to Department heads the following day. 

NEW BUSINESS:

Police Cruiser: Mrs. Pschirrer reflected on the $45,000 which was approved in a warrant from the previous year to purchase a police cruiser. Mrs. Pschirrer noted that the updated estimate for the police cruiser is $56,415. Mrs. Pschirrer questioned how the Town would pay the cost of this cruiser? She noted that the cost associated with replacing the hybrid police vehicle is $21,915, in addition to the $11,415 difference between the estimates for the new police cruiser. She noted that there is $46,000 in the Police Department Capital Reserve Fund that could potentially be used to satisfy these costs. Mr. Dalessio put forth the possible use of the Police Department Revolving Fund. Mr. Dalessio commented that the $47,000 listed in the warrant article could be changed to the present quote amount at the Town Meeting. Mr. Dalessio questioned if the state discount had been applied to the two amounts needed for the Police vehicles. Mrs. Pschirrer and Mr. Dalessio found agreement to first pull from the Revolving Fund, then from the Capital Reserve Fund after assessing if the most recent discounts have been applied to the two police vehicles. 

Asset Management Grant for Water System: Mrs. Pschirrer motioned to allow Mr. Dalessio to sign the asset management grant for water systems. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Revolving Funds and NHPHIP: Mrs. Pschirrer motioned to move the Revolving Funds from the Savings Bank of Walpole to PDIP. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr.Dalessio in favor, the motion was approved.

Open Container Request: Mrs. Pschirrer motioned to approve Burdick’s request to have open containers for Bastille Day and Oktoberfest. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Town Buildings’ Energy Audits: Mrs. Pschirrer motioned to allow Liberty Utilities energy audits for Town buildings. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

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) at 7:02 p.m. Mr. Dalessio seconded. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened at 7:19 p.m.

WARRANT ARTICLES: Mr. Dalessio discussed which Selectboard members and Town employees willbe presenting the warrant articles at the Town Meeting. 

ADJOURNMENT:

Mr. Dalessio moved to adjourn this Selectboard meeting at 7:25 PM.  Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Respectfully submitted,

Jordan Cannon, Recording Secretary

The meeting scheduled for tonight at 6:30 has been cancelled due to the weather.

With the power now back on, I can send you a “baker’s week” notice that the closing date for the April CLARION is next Wednesday, March 22. I will need your inputs by 5 PM Walpole time to be included in this next issue of THE WALPOLE CLARION.  With the weather that hit, I am sure you know of the postponements, but in case you do not, Voting will be Tuesday, March 28, and Town Meeting Saturday, April 1. I will post results of both days on the CLARION website on April 2 instead of waiting for the May issue. A reminder that this is “your community resource” to share information about your group and its activities that events residents will enjoy attending. And, having a nice mix of articles for readers, I welcome “feel good” news of past local events, stories and accomplishments to share. All subject to space, of course, space that is made possible by the CLARION’s supporting advertisers. We all owe them a big “thank you. ”If you have any questions, or interest in placing an advertisement, reaching over 1900 Walpole, North Walpole and Drewsville addresses, I welcome your inquiries, so please do get in touch with me. All contact information is on the CLARION website.Thank you, yours, RAY BOAS, Publisher

Hello, I believe if that photo is shared, then so should the following, please and thank you, Elana Baron

Hello all,

I never join in on political debates and generally avoid it like the plague. When it comes to Article 3, it is imperative that everyone pays very close attention to the language of the Article.

I agree that Walpole is not the place for box stores or a plethora of chain stores. My husband and I moved to Walpole six years ago because of the town it is.

That said, though an Article such as this one does have a place in Walpole, it cannot pass as it is currently drafted. The language of the Article is so broad that it could be used to limit even small local businesses. As much as I don’t want to see more dollar stores or the like, when an Article isn’t written properly it can be very dangerous to a community and its future. It can be used for purposes other then what it is intended because intent isn’t what prevails, the language does.

Please consider the following: the definition of a formula business is a two-part analysis. The first analysis is that it is any business with two of the five elements listed. The first element is it has an “array of services, menus, or merchandise with at least 50% of stock having uninform markings”. A logo is a uniform marking. Any business has this element, even our local maple syrup producers or our small honey stands will qualify for this element so long as that maple syrup producer or honey maker also sells other products such as maple butter or maple candy, or the honey producer sells in addition to honey some wax candles s/he crafts from the bees wax, or maybe some lip balm or hand salve with the bees wax in it. Now any maple syrup producer or local honey maker who puts a uniform marking on his or her products qualifies for element number 1. 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. Which means we move to the second prong on the “formula business” definition.

The second prong is you “share the same or substantially the same two or more features as 10 or more other businesses, regardless of ownership or location”.

I can’t say how many of us produce maple syrup or honey in Walpole but I bet there are more than 10.

Voila, you are now a formula business that can be told to shut down.

You don’t need a store front, you don’t need ugly signage, you don’t need to be a brick and mortar store of a certain square footage, all you need are two elements and or than 10.

In short, all I ask is that before you vote, don’t just focus on the dollar stores or the Dunkin Donuts because this Article, as drafted, is far more far reaching. Always remember that language is paramount and the devil is always in the details.

By vote of the Moderators of the five towns in the Fall Mountain School System, the Voting Day will be postponed until March 28 with the Town  Meeting to be held April 1.