Selectboard Meeting Minutes – 12/21/23

Selectboard Present:  Peggy Pschirrer, Chair; Cheryl Mayberry and Steve Dalessio

Staff Present: Sarah Downing, Manager of Administration and Ahmad Esfahani, Recording Secretary

Others Present: Michael Hayes, Paul Looney and Dave Worth

PUBLIC HEARING:  Mrs. Pschirrer called the public hearings to order at 6:15 PM. She introduced herself, Peggy Pschirrer, Selectboard Chair, Cheryl Mayberry, Steve Dalessio, Sarah Downing, Manager of Administration, and Ahmad Esfahani, Recording Secretary. She commented that two members of the public were also in attendance: Paul Looney and Michael Hayes. She stated that the Selectboard was holding a public meeting for unanticipated bridge funds per House Bill #2 in the amount of $26,937.05. She commented that there was no public comment.

Mrs. Pschirrer closed the public hearings at 6:16 PM.

Ms. Mayberry motioned to accept the unanticipated one-time bridge payment in the amount of $26,937.05. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio, and Mrs. Pschirrer in favor, the motion was approved.

CALL TO ORDER:  Mrs. Pschirrer called this Selectboard meeting to order at 6:17 PM. 

OLD BUSINESS:

Recreation Committee: Mrs. Pschirrer asked Mr. Hayes to explain why he wished to meet with the Selectboard. Mr. Hayes said he was present to submit his letter of interest in being a member of the Recreation Committee. Mr. Hayes had reference letters from Toni McDougle and Jeff Miller. Mr. Hayes’ interest is pickleball, and that diversity of interest on the Recreation Committee is a good thing. He commented that the minutes of the Recreation Committee are not posted in a timely manner. Mr. Hayes would volunteer to be the secretary of the Recreation Committee. Mrs. Pschirrer stated that the Selectboard does not appoint members to the committee. Ms. Mayberry said that the December meeting was canceled, with the next scheduled meeting on 1/13/2024. Mr. Hayes asked if the minutes from the last meeting were posted. He has not seen the minutes approved in over a year. Mr. Hayes stated that he captures audio recordings of meetings. Ms. Mayberry there was no formal approval of previous meeting minutes during the Recreation Committee Meeting because the group did not have a quorum. Mr. Hayes stated that he is not going away, whether he is appointed to the committee or not. Ms. Mayberry responded that two other people submitted letters of interest to be on the committee. Mrs. Pschirrer stated that the committee decides how many members it will have. The materials Mr. Hayes brought in will be forwarded to the chair of the Recreation Committee. Ms. Mayberry stated she reviewed the appropriate process with Kraig Harlow and Scott Rodenhauser. Mr. Dalessio reviewed the appointment process for Mr. Hayes.

Community Power Committee: Mr. Paul Looney reflected on the committee’s original goals which included adopting statements such as reaching 100% renewable energy. Mr. Looney brought forth the idea of placing solar on the existing building at the Recycling Center. He reflected on the pole barn being built which had a better orientation to the sun. The roof of the pole barn is metal, which should last longer than the main building’s roof. He stated that several vendors, including “Solar” Dave Worth, (who joined the meeting at 6:30 PM) had made proposals regarding the installation of solar panels. Mr. Looney reflected on the kilowatts used by specific Town buildings in the previous year. The energy generated by the solar energy system at the Recycling Center would first go to the Center, with the remainder going to the Town Hall. Mr. Looney reflected on a grant by the Department of Energy (DOE) that would be announced in 2024. There are projected savings of $107,864.61 over the life of the system. Mr. Dalessio commented that the placement of inverters should be included in the quote. Mr. Looney and Mr. Worth said that their replacement was not included in the quote presented. Mr. Worth stated that an extended warranty over twelve years could be purchased, or the Town could plan on purchasing replacement inverters when they need replacing. Mr. Dalessio asked if bifacial panels were considered. Mr. Worth stated that he did not know what a bifacial panel was. Mr. Dalessio explained the process by which bifacial panels work. Mr. Worth stated that he would look into bifacial panels. Mr. Looney commented that because the panels would be installed so close to the roof that bifacial panels may not be practical. 

Mr. Looney stated that if a warrant is written for this project, the warrant should pay for itself. Mrs. Pschirrer clarified that this would only be over time. Mr. Looney stated that the Town would be asked for approximately $50,000 from the unassigned fund balance. Mr. Dalessio suggested that a quarterly report of the proposed savings should be planned to hold those advocating accountability. Mr. Dalessio asked why water and sewer were not included in the net metering. Mr. Looney responded that water and sewer expenses are not paid by the Town but are paid by the users. Mr. Worth commented that the solar system would be monitored. Mr. Looney stated that there is some shade on the pole barn roof, and that several trees would need to be taken down. He commented that the committee would have to verify the owner of the property. Mr. Dalessio asked what would happen to the proposal if approval to remove the trees was not given. Mr. Looney responded that it would reduce the amount of electricity generated. Mrs. Pschirrer commented that Mr. Looney has worked very hard on this project. Mr. Looney asked what the next steps would be. Mrs. Pschirrer stated that a public meeting will be held wherein warrants will be discussed. 

ACCOUNTS PAYABLE: Mr. Dalessio moved to approve the Accounts Payable Check Register totaling $2,321,542.06 dated 12/22/23. This check includes a $1,834,787 payment to Cheshire County. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry, and Mrs. Pschirrer in favor, the motion was approved.

PAYROLL: Mr. Dalessio moved to approve the Payroll Register totaling $31,335.97 dated 12/22/23 and the 941 Payroll Tax Transfer of $6,581.85. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry, and Mrs. Pschirrer in favor, the motion was approved.

Mr. Dalessio moved to approve the supplemental Payroll Register totaling $2,707.20 dated 12/22/23 and the 941 Payroll Tax Transfer of $414.20. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry, and Mrs. Pschirrer in favor, the motion was approved.

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – December 14, 2023:  Mr. Dalessio moved to approve the Minutes of the Selectboard Meeting Minutes of December 14, 2023. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer, the motion was approved. 

SELECTBOARD NON-PUBLIC SESSION – December 14, 2023:   Mr. Dalessio moved to approve the Minutes of the Selectboard Non-Public Session of December 14, 2023. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer, the motion was approved. The minutes will remain sealed.

COMMITTEE REPORTS:

Mr. Dalessio brought to the chair’s attention the following committee reports:

     • Planning Board Meeting Minutes– December 12, 2023

Mrs. Pschirrer acknowledged these minutes.

WARRANTS: 

Map and Lot# 003-082-CL8: Mr. Dalessio motioned to accept the Supplemental Tax Warrant in the amount of $4,601. The owner of this property did not qualify for the charitable exemption in 2023. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

ABATEMENTS: Mr. Dalessio moved to approve the abatements of: 

• $551 for Map and Lot# 03-082-CL8,

• $3,277 for Map and Lot# 014-005-000,

• $944 for Map and Lot# 028-105-000,

• $125 for Map and Lot# 017-005-001,

• $155 for Map and Lot# 017-005-002,

• $135 for Map and Lot# 017-005-003, and

• $238 for Map and Lot# 017-005-004. 

Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

REFUNDS:

Mr. Dalessio moved to approve the refunds of: 

• $8 for Map and Lot# 007-022-000,

• $98 for Map and Lot# 017-012-000,

• $14 for Map and Lot# 008-066-000,

• $64.02 for Map and Lot# 028-119-000.,

• $17 for Map and Lot# 027-004-001,

• $8 for Map and Lot# 001-003-006,

• $125 for Map and Lot# 017-005-001, and

• $528 for Map and Lot# 017-005-02,03,04. 

Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

TIMBER INTENTS:

Map and Lot# 008-062-000: Mr. Dalessio moved to approve the timber intent for Map and Lot# 008-062-000. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

OLD BUSINESS:

Closed Landfill Landscape Management Proposal: Mr. Dalessio motioned to accept the proposal from Connecticut Valley Yard Works to maintain the landscape for the closed landfill in the amount of $3,000. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

Request to the Trustees of Trust Funds: Ms. Mayberry motioned to accept the request of the Trustees of Trust Funds to reimburse the Town for the expense of $5038.60 for the bandstand gazebo roof replacement. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio, and Mrs. Pschirrer in favor the motion was approved.

Proposed 2024 Sewer Bond Rate Changes: Mr. Dalessio motioned to accept the new sewer rates utilizing option #2 with a flat rate as proposed at the budget meeting. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

NEW BUSINESS:

Closed Landfill Garage: Mrs. Pschirrer commenced a discussion on what to do with the closed landfill garage building. Mr. Dalessio commented that it should be put up for sealed bid. The Selectboard reached consensus to put the building out to sealed bid. Mr. Dalessio asked that the building be offered to the Water and Sewer Department. The Highway and Police Departments were not interested in moving the building.

January Selectboard Meeting Dates: Discussion commenced on the planning of January Selectboard meetings. The Selectboard agreed to move the first week of January’s meeting to January 3rd. The Town 2024 Budget Hearing will be February 8, 2024, at 5:30 P.M. The Selectboard Meeting will follow at the end of that meeting.

Topic/Training for 2/15/2024 Staff Meeting: Mrs. Pschirrer stated further consideration would be given to the topic for the February 15th Staff meeting. This topic will be revisited at the next meeting. 

HOOPER TRUSTEES MEETING:  

Ms. Mayberry moved to enter into Hooper Trustees meeting at 7:30 PM. Mr. Dalessio seconded. With Ms. Mayberry, Mr. Dalessio, and Mrs. Pschirrer in favor, the motion was approved.

The meeting reconvened at 7:41 PM. 

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

Ms. Mayberry moved to enter into Non-Public meeting at 7:41 p.m. Mr. Dalessio seconded. With Ms. Mayberry, Mr. Dalessio, and Mrs. Pschirrer in favor, the motion was approved.

The meeting reconvened at 7:56 PM. 

Mrs. Pschirrer declared the Non-Public meeting minutes sealed. 

ADJOURNMENT:

Mrs. Pschirrer declared the meeting adjourned at 7:57 PM.

Respectfully submitted,

Ahmad Esfahani, Recording Secretary 

Now On-line

JANUARY 2024 CLARION — NOW ON-LINE

Yes, the title line is correct – 2024.

Today I delivered your hard copy of the January 2024 CLARION to the post offices for delivery to you. As the year winds down may the CLARION staff wish you a safe holiday time, and a great New Year.

But first, to see the January CLARION – Click this Link.

HAPPY NEW YEAR — yours, RAY BOAS, Publisher

Selectboard Meeting Agenda – 12/28/23

Zoning Board Meeting Minutes – 12/20/23

Present: Board members Vice-Chair Dave Edkins, Clerk Tom Murray, Pauline Barnes, Tom Winmill. Alternates: Don Sellarole, Myra Mansouri, Carolyn Vose, Shane O’Keefe.

There were also about 20 people from the public at the meeting, mostly abutters and board members of The Walpole Foundation.

Call to Order: Mr. Edkins called the meeting to order promptly at 7 pm.

Filling of Board Vacancies: Mr. Edkins said from now until election day in March there are only a couple of months to fill the vacancies of Chair and Vice-Chair. Two board members  have to re-up for another three years at that time in March. The Board can either appoint people to fill those positions now or can choose an alternate to fill in for any position that is needed at the next two meetings before the election. Board members chose the latter suggestion – to fill any vacant position on the board at a future meeting with an alternate. Mr. Edkins asked Ms. Mansouri to fill in during the public hearing for Mr. Murray who recused himself because he is a board member of The Walpole Foundation and Carolyn Vose to sit in for the vacant position on the board. They both agreed.

Approval of Minutes: Mr. Murray made a motion to approve the October minutes as written. Mr. Winmill seconded the motion and the motion carried. Ms. Barnes made a motion to approve the November minutes as written. Mr. Murray seconded the motion and the motion carried. 

Public Hearing:

Variance Application – The Walpole Foundation proposes at 75 Westminster Street, Map 20, Lot 11, Residential B District a Variance to the Zoning Ordinance Article IX-1. (Retirement Community Overlay District Section G.1. (Tract Size) to permit the replacement of an existing school building and the new construction of residential units for senior citizens, age 62. on a 4.084-acre parcel where 10 acres is required by ordinance.

Mr. Edkins opened the public hearing and said that The Foundation did not need a variance for the school because schools are permitted in the Residential B district. However, the addition of the housing for senior citizens did need a variance. His concern was the acreage because the Retirement Overlay District required 10 acres. He also thought The Foundation group should have gone to the Planning Board before coming to the Zoning Board of Adjustment.   

Mr. Winmill agreed that The Foundation should have first gone to the Planning Board because Article IX-1 calls for a Conceptual Plan Review first. He also stated that the variance could damage the ordinance.

Ms. Peggy Pschirrer, a Foundation board member, said they were advised by Stephen Buckley of the New Hampshire Municipal Association to go the Zoning Board first to get a variance for the land. Ms. Pschirrer also said that by doing it this way Mr. Buckley said a variance does not affect Article IX-1, Retirement Community Overlay District. Article IX-1 will remain as is in the Walpole Ordinances.

Mr. Mark Houghton explained what The Foundation wanted to do. It is a long-range plan, he said. The preschool is located in the former Long River Garden building, formerly known for its Christmas wreath and table decorations, as well as operating as a florist shop. The building is old and the plan is to demolish it and build a new building that would house the school, have a community room so children could put on plays and have other activity and add a kitchen. The community room would also serve the senior community as a meeting room and there would be additional space for faculty. Both the school and senior residents would pay rent to The Foundation. 

Senior living space would include three duplex buildings and 2 separate stand-alone buildings. That would leave plenty of open space for both the school children and the seniors. The project would not have a cut to Route 12 but use Westminster Street. Regarding the size of the property he asked where in Residential A and B is there 10 acres available?  There is a lot of fundraising to do as well as seeking out grants for both of these projects. The immediate focus is the school.

Mr. Winmill said that the Retirement Overlay District has a requirement of 10 acres as well as lots of other conditions for senior living. He discussed the article saying it requires a Homeowners Association that in turn required a lot of stipulations such as  density, ownership of open space and common areas. He repeated that the ordinance states that the group should have started with the Planning Board. Ms. Pschirrer replied that this is not a Homeowners situation for a Retirement Overlay District. The land and buildings will belong to The Walpole Foundation and the organization will oversee its running. 

Ms. Barnes said that she had looked up land requirements for elderly housing and found them in ten towns. This is what she found. Applewood in Walpole is on 1.9 acres; Chesterfield, Stratham and Dublin require 5 acres; Deerfield, Exeter and Merrimack require 3 acres; Derry and Hooksett require 2 acres; Danville requires 20 acres; and Kingston requires 10 acres.

Mr. Edkins opened up the questioning for the project to the public. Abutter Chris Curven asked about the need for senior housing. He was wondering if The Foundation had done a particular study for this project. Ms. Pschirrer said all one had to do was to look at a newspaper. Every day there is an article about the need for housing for seniors, workforce housing and low-income housing. Ms. Barnes remarked that it is estimated that the state needed at least 40,000 more housing units just to accommodate the need right now. Mr. Curven then asked about the finances of the project and was told by the vice-chair that that would be a question at a Planning Board meeting. 

Other abutters weighed in with questions but all said they were not against the project. Brenda Olsen had concerns about more traffic on Westminster Street, which she said was in terrible condition. She also mentioned pooling of water at the bottom of the hill after a storm. Mr. Houghton acknowledged these were problems but problems that could be fixed and The Foundation was ready to help. Ms. Olsen said she thought there was already access in the local education system for preschoolers. Ms. Pschirrer said this was another option and this school took in children younger than the local school. Mr. Roos said he was around when someone else tried to put in a retirement community on this land. It was much more extensive and there were concerns about the use of slopes and the area near the ravine, he said. Abutters were offered a chance to buy the land if they weren’t happy with the project, which they did. He was not against this project. Ms. Olsen asked about a timeline. Mr. Houghton said currently the hope is to break ground for a new school in the fall of 2024 and the senior housing in 2026.  

While Mr. Edkins did a run-through with the public of what a variance requires, he said that a variance always go with the property. It if is sold and resold, the current owners and future have the benefit of that variance.

Following is The Walpole Foundation’s application for the variance. The criteria is in bold, the applicant responses are in italic and the answers by board members are in regular type. 

1. Granting the variance would not be contrary to the public interest because:

The Walpole Village School has existed at this location since 2006. It is currently in a building that was formerly part of a florist operation. Senior housing will in a small way meet the needs for handicapped accessibility for seniors that want to stay in Walpole.

Mr. Winmill said the answer is not relevant and violates the basic intentions of what is established in the ordinance. 

Ms. Barnes said the New Hampshire Supreme Court says that the public interest/spirit of the ordinance criteria can be considered together. She read from the Purpose section of the Article and said that the variance meets those basic zoning objectives and is thus not contrary to the public interest.

Ms. Barnes said the NH Supreme Court said the public interest/spirit of the ordinance considered should determine whether the variance would unduly and in marked degree conflict with the ordinance such that it violates the ordinances basic zoning objectives. Ms. Barnes said it is not contrary to the public interest. 

2. If the variance were granted, the spirit of the ordinance would be observed because: 

Residential B allows schools to be in this zone. A new energy-efficient building will enhance the spirit of the ordinance. Senior housing will strengthen the Walpole housing market.

Mr. Winmill said that strengthening of the Walpole housing market has nothing to do with the spirit of the ordinance.

Ms. Barnes again referred to the NH Supreme Court which said that the Court held in its 2011 Harborside decision that the way you determine if a variance violates basic zoning objectives is whether it would alter the essential character of the neighborhood or whether it threatens public health, safety, or welfare. She said it does not pose a threat, nor does it alter the neighborhood, which will remain essentially the same as it was – a neighborhood that always had a preschool with a few more housing units. 

3. Granting the variance would do substantial justice because:

A new, energy-efficient building with space designed for small children with a kitchen equipped with refrigeration and a stove will strengthen the school environment and do justice to the ordinance. 

Mr. Winmill again suggested looking to the Overlay District requirements.

Ms. Barnes remarked that the Supreme Court said “the only guiding rule on this factor is that any loss to the individual that is not outweighed by a gain to the general public is an injustice.” 

Will denial of the project be a gain to the general public? she asked.

4. Granting the variance will not diminish the values of the surrounding properties because:

A new school will enhance the surrounding properties as will senior housing, which will be compatible with the neighborhood.

Ms. Mansouri said she thinks it can benefit both children and seniors as there seems to be a rapport between the two generations. She fondly remembers that her grandmother lived around the corner from where she lived. It was a great comfort.

Ms. Barnes thought it created a positive synergy between preschoolers and seniors. 

5. Unnecessary Hardship

a. owing to the special conditions of the property that distinguish it from the other properties in the area, denial of the variance would result in unnecessary hardship because:

1. No fair and substantial relationship exists between the general public purposes of the ordinance provision and specific application of the provision to the property because:

The size of the property distinguishes it generally from other properties in the zone. If the school cannot be rebuilt for efficiency, costs may make it impossible to carry on. The loss of a safe preschool will be a strain on the community.

and

​the proposed use is a reasonable one because:

The school building is inefficient, costly to maintain and heat and lacks proper office space for faculty. Walpole lacks options for seniors who wish to stay in Walpole as they downsize from large houses.

b. Explain how, if the criteria in subparagraph (a) are not established so unnecessary hardship will be deemed to exist if, and only if, owning to special conditions of the property that distinguish it from other properties in the area, the property cannot be reasonably used in strict conformance with the ordinance, and a variance is therefore necessary to enable a reasonable use of it.

Adding handicapped accessible rental housing for Walpole seniors will establish Walpole as a community who supports living in place. Both ends of the age spectrum will benefit from a new school and new houses.

Ms. Barnes said that for her the special condition of the land is that it has a school on it. Special conditions also apply to the built environment. She also said that the Court considers a use reasonable if it is a permitted use, and senior housing is a permitted use. 

Mr. Edkins said that for him the special conditions that distinguish it from other properties in the area are that it is a much larger tract of land than others and that it does not have a residential purpose in an otherwise residential neighborhood

Mr. Edkins asked for a motion. 

Mr. Winmill made a motion to deny the project. Since there was not a second to Mr. Winmill’s motion, Mr. Edkins asked for another motion. Ms. Mansouri made a motion to approve the project. Ms. Barnes seconded the motion. After a short discussion she amended her motion to “as presented.” The vote was four yeses and one no vote. Voting yes were Ms. Mansouri, Ms. Barnes, Mr. Murray and Mr. Edkins. Voting no was Mr. Winmill. 

Short-term rentals

Writing an ordinance for short-term rentals came up at the November meeting.

Mr. Edkins said he didn’t think the Zoning Board should be writing ordinances. He didn’t think it was part of their job. It was the job of the Planning Board.

Ms. Barnes referenced a letter Ms. LeClerc obtained from Stephen C. Buckley of the NH Municipal Association in which he writes, “I do not share the new alternate’s view that it is inappropriate for ZBA members to work on amendments to the zoning ordinance.”

Ms. Mansouri also said in the past it had been her experience that the Planning Board was not at all helpful in putting together an ordinance.

While Ms. Barnes agreed that there needs to be a short-term rental ordinance, she said what is necessary is looking at our definitions in the ordinance. She read the definition of a dwelling.  “Dwelling means a building of common foundation..  A one or two family dwelling will share the same foundation per lot.” ​

Mr. Edkins suggested that an expert might be able to assist the board to help the ZBA out. 

Town Report

Mr. Edkins said an end-of-the-year record of what happened on the ZBA is soon due for the Town Report. In the past it has been written by the secretary. The secretary agreed to have a copy for the  board at the next meeting. The report reviews what the ZBA has done in 2023.

Plaque

Mr. Winmill moved that the Board officially thank Ms. LeClerc for her service as Chair. There was unanimous agreement. Ms. Barnes read out words she had written in tribute to Ms. LeClerc: “I want to salute the depth of experience and knowledge that she brought to her role. I’d like to salute her professionalism, her integrity, her work ethic, her conscientiousness, and her sense of duty to the people of Walpole. She has been a true steward, a true public servant.”

Ms. Vose suggested that the Board commission a plaque of thanks, a suggestion the Board welcomed. Mr Murray offered to take on the commission.

Re-ups

Tom Murray’s and Pauline Barnes’s terms are up this year. They must re-up with the Town Clerk in January if they want to remain on the Zoning Board.  Also, there is a one-year position for the board to fill.

ZBA Budget

Mr. Edkins shared copies of the year-to-date ZBA budget with the board. He asked if the members had any comments. Ms. Vose suggested the Zoning Coordinator pay should come out of the Select Board’s expenses. Mr. Edkins decided for this year the ZBA request would be level.

Adjournment

Ms. Vose made a motion to adjourn. Mr. O’Keefe seconded the motion and the motion carried. The time was 9:30 pm.

These minutes are unapproved and will be reviewed next month for corrections, additions and omissions.

Respectfully submitted, 

Marilou Blaine

ZBA Secretary

cc: ZBA, WPB, Town Offices, The Walpolean.

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

6.

Selectboard Meeting Minutes – 12/14/23

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

Staff Present: Sarah Downing, Manager of Administration; Ahmad Esfahani, Recording Secretary

PUBLIC HEARING:  Mrs. Pschirrer called the public hearings to order at 6:00 PM. She introduced herself, Peggy Pschirrer, Selectboard Chair; Cheryl Mayberry; Steve Dalessio; Sarah Downing, Manager of Administration and Ahmad Esfahani, Recording Secretary. She stated that the Selectboard was holding a public meeting for FEMA Reimbursement of $379,060.70 for damage which occurred in 2021, which have already been spent. She then spoke to the second Public Hearing for an unanticipated one-time highway payment from DOT in the amount of $38,603.58. She commented that there was no person present for the public hearings. She commented that another public hearing to accept the DOT bridge funds of $26,937.05 would be held in a future meeting. She stated that proper notice was placed in multiple places around Town and on the Town website. Ten minutes would be given to permit any resident wishing to attend the public hearings.

Mrs. Pschirrer closed the public hearings at 6:15 PM.

Mr. Dalessio motioned to accept the FEMA funds in the amount of $379,060.70, and the unanticipated one-time highway payment from DOT in the amount of $38,603.58. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry, and Mrs. Pschirrer in favor, the motion was approved.

CALL TO ORDER:  Mrs. Pschirrer called this Selectboard meeting to order at 6:30 PM. 

PAYROLL: Mr. Dalessio moved to approve the Payroll Register totaling $31,461.11 dated 12/15/23 and the 941 Payroll Tax Transfer of $6,587.65. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry, and Mrs. Pschirrer in favor, the motion was approved.

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – December 6, 2023:  Mr. Dalessio moved to approve the Minutes of the Selectboard Meeting Minutes of December 6, 2023. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer abstaining, the motion was approved. 

SELECTBOARD NON-PUBLIC SESSION – December 6, 2023:   Mr. Dalessio moved to approve the Minutes of the Selectboard Non-Public Session of December 6, 2023. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer abstaining, the motion was approved. The minutes will remain sealed.

COMMITTEE REPORTS:

Mr. Dalessio brought to the chair’s attention the following committee reports:

     • Conservation Commission Meeting Minutes – December 4, 2023

Mrs. Pschirrer acknowledged these minutes. 

WARRANTS: Mr. Dalessio motioned to accept the Fall Property Tax Warrant in the amount of $6,504,371. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

ABATEMENTS:

Map and Lot# 020-079-000: Mr. Dalessio moved to approve the abatement of $3,520.47 for Map and Lot# 020-079-000. This was a mediated settlement. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

TIMBER INTENTS:

Map and Lot# 009-006-000: Mr. Dalessio moved to approve the timber intent for Map and Lot# 009-006-000. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

Map and Lot# 009-008-000: Mr. Dalessio moved to approve the timber intent for Map and Lot# 009-008-000. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

BUILDING PERMITS:

2023-43, Map and Lot# 003-001-002: Mr. Dalessio moved to approve the building permit for Map and Lot# 003-001-002 to construct a 25.5’ x 40’ one and a half story home on a Class 6 Road and has met all of the appropriate approvals. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

OLD BUSINESS:

Public Hearing for One Time Bridge Payment: Mrs. Pschirrer stated that the Town has been notifiedthat DOT funds of $26,937.05 for a one-time bridge payment would require a public hearing. She advised Mrs. Downing to schedule this public hearing next Thursday, 12/21/2023 at 6:15 PM.

Proposed 2024 Sewer Bond Rate Changes: Mrs. Pschirrer stated that there are 2024 proposed sewer bond rate changes. Mr. Dalessio stated that further discussions will be had with Mark Houghton during the Departmental Budget Meeting. Mr. Dalessio would like to get everyone’s buy-in before making a decision. 

Pending Further Action: Mrs. Pschirrer said that she has been looking at the dog ordinance and found that it was passed and approved in 2021. She stated that she would do further research but felt that the issue is more criminal than civil. Mr. Dalessio questioned where the fine money would go. 

NEW BUSINESS:

Purchase Order to Encumber 2023 Funds: Mr. Dalessio motioned to accept purchase order #619104 to Michael Petravich, architect, for $15,000; the purchase order amount will be $20,000. It was clarified that $5,000 would be paid in 2024, and $15,000 would be encumbered. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor the motion was approved.

CVC Quitclaim Deed: Mrs. Pschirrer stated that the deed from Central Vermont Communications would need to be returned, as taxes had been paid. Ms. Mayberry motioned to sign the quitclaim deed issuing the property back to CVC. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio, and Mrs. Pschirrer in favor the motion was approved.

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

Ms. Mayberry moved to enter into the Non-Public meeting at 6:46 PM. Mr. Dalessio seconded. With Ms. Mayberry, Mr. Dalessio, and Mrs. Pschirrer in favor, the motion was approved.

The meeting reconvened at 6:54 PM. 

Mr. Dalessio declared the Non-Public meeting minutes sealed. 

ADJOURNMENT:

Mrs. Pschirrer declared the meeting adjourned at 6:55 PM.

Respectfully submitted,

Ahmad Esfahani, Recording Secretary

Christmas Eve Service

CHRISTMAS EVE CANDLELIGHT SERVICE

WALPOLE UNITARIAN CHURCH

5:00 p.m.

Our Community Christmas Eve Candlelight service will be held on December 24th at 5:00 p.m.at the church on the corner of Main Street and Union Streets.  This is a service of  Christmas carols and readings – both traditional and contemporary.  Come and enjoy an uplifting service of joy and love.

December Planning Board Minutes

Regretfully, the incorrect minutes were previously posted as being the December ones. These are the ones you have been awaiting and we apologize for the mistake. – Lil

December 12, 2023

Town Hall

7 pm

Present: Board members Chair Jeff Miller, Vice-Chair Dennis Marcom, Clerk Jason Perron, Jeff Harrison, Joanna Andros, Trevor MacLachlan, Select Board Representative Steve Dalessio. Alternate: Bill Carmody. Absent: Alternate Travis Adams.

In addition to Dunkin’s presentation team, there were about 25 residents at the meeting.

Minutes: Review of November 2023 minutes. Mr. MacLachlan made one correction on page 2 in the section on building on Class VI roads. Change RON to IRON. Mr. Marcom made a motion to accept the minutes as amended. Mr. Perron seconded the motion and the motion carried. 

Call to Order: Chair Jeff Miller called the meeting to order at 7 pm. There was a full board present so an alternate was not needed to fill in. 

Old Business:

Public Hearing continues from October meeting. Site Plan: NGP Management LLC/Walpole Properties, LLC, Tax Map 12, Lot 56, Commercial district, proposes 1815 square-foot Dunkin coffee shop with drive-thru at intersection of Route 12 and Upper Walpole Road. 

Present from TFMoran, the company which is facilitating the building of the proposed Dunkin, were NGP applicant Jim Clifford, architect George Delegas, Attorney Eli Leino of Bernstein & Shur in Manchester and presenter Jason Hill PE.

Tonight’s meeting was mainly about the discussion and concerns of the Board made at the October 10, 2023 Planning Board meeting, which were about traffic. Mr. Leino said the Board received explanations and copies of diagrams explaining Dunkin’s responses to the Board’s concerns. The explanations show different sites, mainly around Manchester that he said had twice the volume of traffic as Walpole and with no signage, showing similar Dunkins with similar situations. He also said there are no Dunkin establishments that have parking for trucks. There were a couple of photographs of Dunkins showing where there is considerable truck traffic. One photograph was of traffic on West Hollis Street in Nashua. The caption says “Located off Route 3, West Hollis is a high traffic street connecting the highway to downtown Nashua. The site is small and there is no accommodation for trucks. The store does a high volume of sales and has no issues with trucks.” Mr. Clifford repeated that there are no Dunkin establishments that have parking for trucks. Considering truck parking, Mr. Hill stated that parking along Route 12 is unsafe because of the limited amount of space and the soft shoulder of the road.

Regarding cut-thru traffic between Upper Walpole Road and Route 12, the applicant agrees to install “No Thru Traffic” signage on the property. However, Mr. Hill said it has been Dunkin’s experience that this is not a problem at other Dunkins and to his knowledge it doesn’t happen that often. Mr. Hill showed a property on Beech Street in Manchester. The site is similar to the Walpole site in that the property is at an intersection. According to his written notes, Mr. Hill says “We have also enclosed a map of the Beech Street, Manchester, NH store. This store is at a high traffic intersection with substantial volume backing up at the light during the day. Traffic cutting through this property has never been a significant issue,” he wrote.       

Regarding the issue of sight distance of cars coming from the south on Route 12, Mr. Hill provided three photographs, two coming from the south and one from the north on Route 12, showing that a car at the entrance to the proposed Dunkin can be seen from a distance of 500 feet away. He said that was well within the required distance of 325 feet. Another photo confirmed that vegetation along the right side of the highway going towards Upper Walpole Road could be a problem for drivers turning south if mowing is not maintained. That’s up to the NHDOT maintenance which is responsible for mowing, he said. 

What the board was also waiting for was traffic mitigation from NHDOT. Mr. Leino said the department is swamped and Mr. Hill said it could be March before an official letter is received.

Mr. Miller mention another of his concern –  traffic queuing on the east side of the road while waiting to enter Dunkin because there are too many cars in the queue. Mr. Hill said there was room for a queue of 13 cars from the entrance to the menu board and room for another five cars from the menu board to the window for service. That’s a queue of 18 cars Mr. Hill said and he couldn’t anticipate any time it would back up into the shoulder on the east side of Route 12. Mr. Miller wasn’t so sure of this. 

Mr. Hill, Mr. Leino and Mr. Clifford all asked if there couldn’t be conditional approval of the site plan dependent on the ruling from NHDOT. It is not Dunkin holding up final approval of the project. It’s NHDOT. Their hands are tied. It is a slow process. During the time they were waiting for approval, there are things that they could be working on regarding the proposed building and site.

Mr. Dalessio reminded Mr. Hill that he still had to get a letter regarding safety as well as water and sewer conditions from Mark Houghton, water and sewer manager as well as Walpole’s fire chief. Mr. Hill said he has already had some discussions with Mr. Houghton and would follow up on a letter.

So, what to do? Mr. Perron said the only thing holding this up was approval from DOT. Mr. Marcom made a motion to approve the Dunkin proposal on condition that the project gets approval from NHDOT. Mr. Harrington seconded the motion. 

Mr. Miller explained why he was not in favor of the project. He described what he sees every morning at the current Dunkin at the Jiffy Mart while driving his grandson to school. At 8:30 in the morning traffic is backed up to the front of the building. He also had concerns about this Dunkin being directly across from Diamond Pizza and the amount of traffic in and out of that their driveway. He didn’t think it was a good place to have another driveway cut on Route 12. He was convinced it was a place where there was a serious traffic accident waiting to happen. In good conscious he was against the project, he said.

A vote was taken on approval of the site plan with the condition that the traffic pattern be approved by NHDOT. The vote was five yes votes and two no votes. Mr. Marcom, Mr. Perron, Mr. Harrington, Mr. MacLachlan and Ms. Andros voted yes. Mr. Miller and Mr. Dalessio voted no. Also a recent email letter from Mark Houghton about water and sewer “requires a valid easement on the 6” water main that traverses this property from west to east in the new deed – is a requirement before construction begins.” 

Public Hearing for Site Plan: Alyson’s Orchard: Adam Naeck proposed an addition to the farm store and seven clamping sites. Tax Map 4, Lot 44, 57 Alyson’s Lane, Commercial/Industrial district.

Mr. Naeck introduced himself. He had a photograph of the location on the Alyson’s Orchard property where he was planning on putting up to seven glamping sites and add a post-and-beam two-story building to the farm store. He said there was already an apartment above the store. He explained that the word “glamping” stands for glorified camping. The glamping sites would be around Lily Pond, which is on top of the road, the entrance to the orchard from Wentworth Road. He already has three glamping sites established. The tents, which are water and fire proof come from Colorado. The tents are 16-feet-by 20-feet and 16-feet-by-24-feet, The larger tent can accommodate two queen beds and a couch. Inside are wash stations and a microwave. Outside are port-o-potties and grills for cooking. There is also a bathroom with a shower about two minutes away in the northern section of the farm store for use only by glampers.  Down the line, he said, he will be adding another septic system specifically for the glampers but it is sufficient for now. However, he said, this is orchard property and he has no intention of creating a campground. Parking for campers is not a problem, he said. There is room around each tent for two or three cars.

The addition to the store of 40-feet-by-56-feet with the second story being a loft in one portion. He plans to sell farm products, have a bakery in the current section and maybe a place to hold birthday parties for kids. 

Mr. Miller reminded the public that this was a public hearing for only the seven glamping sites and the addition to the form store. Any other projects, such as a tree house which he mentioned, he must come back to the Planning Board. Mr. Naeck agreed.

Mr. Dalessio said since it’s a site plan it should have a lighting plan, a parking plan and a landscaping plan. Mr. Naeck was asked if he could get that together for the January meeting. Mr. Naeck said that right now he was focusing on the orchard and was withdrawing the project.

Mr. Miller asked for a motion to adjourn. A motion was made to adjourn by Mr. Marcom, seconded by Mr. Harrington and the rest of the board agreed. 

These minutes are unapproved and will review next month for omissions, corrections and/or additions.

Respectfully submitted,

Marilou Blaine

WPB recording secretary

cc: WPB, ZBA, Town Offices, The Walpolean.

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

Last Chance for Clarion Deadline!

I have been working this weekend on your January 2024 issue of THE WALPOLE CLARION. There is still some space remaining, so if you have upcoming activities to share, and possibly a report on what has recently happened, send something along for consideration.

In negotiating with my printer, and their holiday schedule, I can still accept your inputs for possible inclusion in the next issue, BUT I would need to have submissions by mid to late afternoon WEDNESDAY, DECEMBER 20.

Space still for advertisements as well, and remember I always acknowledge your submissions by email to rayboas@comcast.net.

Thank you, RAY BOAS, Publisher

Giving Tree Thank You

Dear Walpole community:

Thanks to so much generosity from so many people, the 2023 Walpole Community Giving Tree provided a brighter holiday season for almost 30 local families and almost 100 local children.  When parents arrived to pick up their gifts, their gratitude was overwhelming; we had so many thank yous, hugs, and even tears. We would like to thank The Congregational Church of Walpole, St. John’s Church, St. Peter’s Church, The Hungry Diner, Spencer’s Place, the Walpole Library, Mascoma Bank, and The Savings Bank of Walpole on Westminster Street for displaying tags and collecting gifts.  We would also like to thank the “Toys for Tots” program based at The Savings Bank of Walpole in the Shaw’s plaza for providing many extra toys so that parents could choose 2-3 more gifts for each of their children besides those that they requested. We thank everyone who sent in donations, as we personally purchased over $700 worth of gifts for tags that were not taken as well as for two new families who arrived late to the project but needed support.  Finally, we want to thank EVERYONE who selected tags and purchased gifts.  A special thanks also to the “Women of Walpole” who chose many tags and purchased many gifts.  This whole project is a perfect example of small town holiday spirit.  THANK YOU SO MUCH to all who helped in any way!

HAPPY NEW YEAR to you and yours!  We hope that 2024 brings you peace, joy, and good health!

Thank you again.

Sincerely,

Jeanne Cloues and Marcia Weil

Giving Tree Project coordinators

Selectboard Meeting Minutes – 12/6/23

DECEMBER 6, 2023

Selectboard Present:  Cheryl Mayberry and Steven Dalessio. 

Staff Present: Sarah Downing, Manager of Administration

CALL TO ORDER:  Mr. Dalessio called this Selectboard meeting to order at 6:32 PM. He commented that Peggy Pschirrer would not be present, and then introduced himself, Steve Dalessio, Cheryl Mayberry, and Sarah Downing, Manager of Administration. 

ACCOUNTS PAYABLE: Ms. Mayberry moved to approve the Accounts Payable totaling $297,056.22 dated 12/08/23; this includes a $80,971 payment to Tenco Industries for the 2021 one-ton truck with funds that were encumbered from a warrant article last year. Seconded by Mr. Dalessio. With Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

PAYROLL: Ms. Mayberry moved to approve the Payroll totaling $32,519.85 dated 12/08/23 and the 941 Payroll Tax Transfer of $6,776.59. Seconded by Mr. Dalessio. With Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – November 30, 2023:  Ms. Mayberry moved to approve the Minutes of the Selectboard Meeting Minutes of November 30, 2023. Seconded by Mr. Dalessio. With Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

SELECTBOARD NON-PUBLIC SESSION – November 30, 2023:   Ms. Mayberry moved to approve the Minutes of the Selectboard Non-Public Session of November 30, 2023. Seconded by Mr. Dalessio. With Ms. Mayberry and Mr. Dalessio in favor, the motion was approved. The minutes will remain sealed.

OLD BUSINESS:

Waiver of Municipal Liability for Private Driveway: Mr. Dalessio moved to approve the Municipal Waiver of Liability for a private driveway on Map and Lot#: 003-001-002 on Whipple Hill Road. The applicants have received approval from the Planning Board to build on a Class VI portion of the road. Seconded by Ms. Mayberry. With Mr. Dalessio and Ms. Mayberry in favor, the motion was approved. Ms. Mayberry questioned the wording of the waiver. Mr. Dalessio clarified that when a resident builds on a Class VI road, there is an understanding that the road is not going to be maintained by the Town. He stated the driveway is on a Class VI road. 

Proposed 2024 Sewer Bond Rate Changes: Mr. Dalessio stated he would like to postpone this discussion. Ms. Mayberry stated she only received this information today and did not have sufficient time to review. Mr. Dalessio confirmed that this matter would be tabled until the following week. 

2023 Tax Rate Status: Mr. Dalessio stated that nothing can be signed until Mrs. Pschirrer returns. The Town has not received a preliminary tax rate.

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

Ms. Mayberry moved to enter into Non-Public meeting at 6:47 PM. Mr. Dalessio seconded. With Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened at 7:04 PM.

The non-public minutes are to remain sealed.

ADJOURNMENT:

Mr. Dalessio declared the meeting adjourned at 7:04 PM.

Respectfully submitted,

Ahmad Esfahani, Recording Secretary