TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

PUBLIC HEARING

APRIL 11, 2007

 

Selectmen Present:        Charles Miller, Sheldon Sawyer, Whitney Aldrich

 

Ernie Vose, Moderator, called the Public Hearing to order at 7:35 PM.  This Public Hearing was duly advertised and posted as follows:

 

“Pursuant to the requirements of New Hampshire RSA 33-8-a, the Board of Selectmen of the Town of Walpole, New Hampshire will hold a public hearing on April 11, 2007 at 7:30 P.M. at the Walpole Town Hall regarding the proposed issuance by the Town of Walpole an approximately $302,000 bond for the purpose of financing the purchase of a conservation easement and a 6 acre addition to the Town’s river well property in fee simple and for associated project costs to permanently protect the Ballam farm property consisting of approximately 59 acres more or less in Walpole, shown as Map 12, Lots 1, 2, 3 and 4, located on the western side of Route 12 north of the Rite Aid.  TOWN OF WALPOLE, NEW HAMPSHIRE, By It’s Board of Selectmen.”

 

Mr. Vose advised that this proposal was put together by the Board of Selectmen, Conservation Commission, Trust for Public Land, and Wellhead Protection Committee.  Josh Kelly, representing the Trust for Public Land (TPL), will do a slide presentation. 

 

Mr. Kelly reported that his office is in Montpelier, Vermont.  The TPL has been working on projects such as the acquisition of the property known as the Ballam Farm since 1972.

 

During the Town of Walpole Annual Town Meeting held on Saturday, March 17th, 2007, this proposal was discussed under Article 6 on the Warrant.  This item was not voted upon but carried-over until the next meeting on Saturday, May 5th, 2007.

 

During the slide presentation Mr. Kelly reported that open spaces are disappearing at the rate of 3,000,000 acres a year.  This project came into inception in May of 2006 when they began talking to the Walpole Conservation Commission, Board of Selectmen, Wellhead Protection Committee, Monadnock Conservancy, Granite State Rural Water Association, Natural Resources Conservation Service, Farm and Ranchland Protection Program, and the New Hampshire Department of Environmental Services.  They all felt this is important land for the Town and began to work toward acquisition and funding.  The farm consists of 60 acres north of Rite Aid and across Route 12 from the North Meadow Plaza.  It contains almost 20% of the drinking water aquifer or source water protection area for the River Well; 46 acres is prime agriculture land with nearly one-half mile on the Connecticut River.  Over 10% of the aquifer or source water protection area is already developed.

 

Article 6 asks for $775,000 less $498,000 from grants and Conservation Commission funds leaving a balance of $277,000.  Since then additional funding has been obtained.  The funding sources are as follows:  1) Farm Protection Program 38%; 2) DES Water Supply Land Grant 20%; 3) Conservation Commission Deposit 6%; and 4) Town of Walpole (DES Revolving Loan).  The State DES Revolving Loan fund is $277,000 at a 2.18% interest rate for ten years.  The Town would pay about $31,000 in the first year.  Current Land Use Change Tax would be used toward payments on the land.  Currently the Town has a one year loan that they are paying 4% on.  Mr.

 

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Sawyer explained that this loan is in anticipation of taxes through the Savings Bank of Walpole; it is put it in a savings account and drawn out as needed.

 

Mr. Kelly explained that if this Article is approved it would result in a property tax increase of $.09 per $1,000 property value per year or $9.00 per $100,000 of property value. 

 

The Conservation Easement will be sold on the open market and will continue as working farm land; there will be a one-acre house site.  The Town will purchase the 8-acres for a future well site when needed; while there is no other use for it it could be leased out for farming.  The project benefit is the drinking water protection.  The other 52-acres would stay on the tax roles and maintain Walpole’s scenic beauty and benefits to both fish and wildlife.  The farmer will pay taxes on that land.  Lease payments would go to the Town.

 

Harry Thompson asked if the land is sold where will the money go.  Mr. Kelly responded that $165,000 is the fair market value so anything received over that would go toward the Town to draw down the balance.                         

 

John Foster questioned the river area and if there will be a no cut zone.  Mr. Kelly said the Conservation Easement is still under negotiations but if one were to walk in the forested area, it is at the river level, they were going to keep that the same.  David Edkins felt Mr. Foster was referring to the Shore Land Protection area.  Attorney Robert Kasper clarified that the basic distance has to do with the slope of the bank and it will be left the way it is.  Mr. Sawyer confirmed that there would be no building on it; by buying the Conservation easement they cannot build on it.  The one reserved building lot is not down by the river. 

 

Tom Goodhue pointed out that there is a sewerage station across the road.  Mark Houghton explained that the water flows in the different direction; he was told it goes from east to west.  Jennifer Palmiotto said there are some monitoring wells.

 

Brad Fletcher asked about the bidding process on the land; does the current owner have the right-of-first refusal.  Mr. Kelly responded that the current leasing farmer will have the right-of-first refusal. 

 

Patrick Kiniry said based on the tax rate how much will this influence the Village of North Walpole who just did an up-grade for their drinking water and the people of Drewsville who are on private wells.  Mr. Houghton noted that this is not a proposal to up-grade this water system or have a new water system.  This started out as a conservation project because they had received some information about development and one of their goals was to protect the aquifer; this is to conserve that property from future development.  Mr. Kiniry noted that the Town already owns 17 acres there.  It seems that the Town could purchase just the 8-acres or take it over by eminent domain and pay the approved value.  They have a 4,000-foot protection area and the Planning Board would not allow any building in that area.  Mrs. Palmiotto noted that zoning can be voted out at any time.  Mr. Kiniry said if the goal is to protect that water area why was a decision made to do this through general taxation rather than through the Water Department.  Mr. Houghton said it originally started out as a conservation plan.  The hope is that the $302,000 is now down to $277,000.  Mr. Speed explained that the Conservation Commission funds received from the Current Use Change Taxes up to $25,000 a year will go toward paying down the balance.  In some years this will result in approximately $6,000 from the taxpayers.  Mr. Sawyer added that

 

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any additional Current Use Change Taxes received over the amount given to the Conservation Commission each year will go toward the loan until it is paid.     

 

Mr. Goodhue mentioned that the Town of Walpole did not help North Walpole pay for their water project.  Mr. Sawyer said Walpole is Walpole and it includes North Walpole and Drewsville; the land belongs to the Town of Walpole. 

 

Paul McGuirk feels that this arrangement is not fair to the people in North Walpole who support their own water system.  Why can’t the Town propose a percentage; it seems there should be a variance for the North Walpole people.  He was a resident of North Walpole for about 55 years until he moved to Walpole.  

 

Romain Biron said this land is in a flood plain; it does not seem it would be developed commercially; access is through the old barn yard because the State would not allow another access.  Nobody wanting a commercial building will build it in that area.  Mr. Kelly felt they could talk to the Department of Transportation as the property has 800-feet of frontage. There are four parcels in this property; the bulk of the value is in the commercial property.   

 

Ben Daviss advised that no one has approached the Planning Board for any other projects on this property.  This is not costing the taxpayers dearly in terms of land to build factories or stores in Town.  It is not prime commercial property because it is in the flood plain and near the railroad.  There was no discussion of development on the corn land. 

 

Mr. Fletcher noted that in one of the previous brochures from the TPL there was an article congratulating them on their success on this project yet it has not yet been voted on.  He asked about the bidding process.  Mr. Kelly advised that there will be a bid on the farm land; there is no relationship between the Boggy Meadow Farm and the Cabot Trust. 

 

Neil Levesque feels that this is not as usable a piece of property as mentioned and not what the price warrants, it is farm land.  Is the bidding process open to all farmers; what is the definition of a farmer.  Will he be invited to bid as well or is it a private list.  Mr. Kelly explained that they will be looking for the highest bid for the farm land.  He is asking the Board of Selectmen for a list but the bidding process will be conducted by the TPL.  The bid will be for the restricted land; value approximately $165,000 and that is the starting price.  The decision will be up to the TPL.  Attorney Robert Kasper noted that the farm land is available to anybody that wants to use it for farming but they do not have to be a farmer now.  The person will have to describe what they intend to do with the land.  It will be publicly advertised. 

 

Robert McCormack said if the North Walpole villagers are asked to pay for a part of this how is it going to benefit them; what will they get out of it.  Mr. Aldrich responded that there isn’t any advantage for North Walpole but it will be protected land.  Barbara O’Brien, Commissioner of North Walpole, advised that they talked about this project at their meeting and, at this point, they vote “no” because there will be no benefit to them.  Mr. McCormack noted that North Walpole has problems such as the river washing the Village land away; would the Board of Selectmen assist them with this in terms of a bond issue. 

 

Duncan Watson advised that he is a member of the Conservation Commission and lives in Drewsville.  He knows that if this project goes through just having the land conserved will be his

 

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benefit.  The impact will be about $20/year in taxes; it will be worth it as it is a good investment for the future.  Mrs. O’Brien noted that they are trying to keep taxes down in North Walpole as the village residents are 53% low-to-moderate income people.   Mr. Kiniry pays $140-to-$160 a year for water in North Walpole and doesn’t see why he should have to pay for Walpole water.  Mr. Watson said this is a conservation issue.  Mr. Kiniry referenced a document that states this project is to protect the water, it does not mention the conservation easement.

 

Mr. Daviss explained that this well is in the Commercial District.  The Town has seen a developer come to that district because there is water there.  It improves the tax base whether you live in Walpole, North Walpole or Drewsville.  It is a shared benefit for keeping water available in the Commercial District to attract businesses. 

 

Mr. Thompson feels the Town should get 38% profit and keep the commercial acres.  This is an expensive conservation easement.  How much conservation land does the Town need.

 

Mr. Frost questioned if farm animals can be kept on that property such as a pig farm.  There could be a manure pit area.  The easement should include that there will be no manure pits.  Mr. Kelly said it would have to be in accordance with the Farm Management Plan.  There is a restriction on the building of barns or structures and would be limited to size and location.

 

Mr. Edkins noted that after listening to the discussion at this meeting he supports what the Town is trying to do for the preservation of the river bank and well but he isn’t sure about how it is being structured and paid for so that is a concern.  He would like to see a portion of the costs put onto the water users; the people realizing the benefit should be asked to pay a little more and he is a Walpole water customer. 

 

Robert Graves advised that that well was put in about 40 years ago.  He thinks we are bailing out the Cabot Trust as that land has been for sale for 10-to-15 years and we do not need to put any money into it.      

 

Mrs. Palmiotto, Source Water Specialist for the Granite State Rural Water Association, read her “Statement of Support for the Ballam Farm Project” (a copy is attached for the record).

 

There were 38 residents present.  Mr. Vose closed the Public Hearing at 9:15 P.M.

Respectfully submitted, 

Regina Borden, Recording Secretary

 

                                                                                    ______________________

                                                                                    Charles D. Miller

 

                                                                                    ______________________

                                                                                    Sheldon S. Sawyer

 

                                                                                    ______________________

                                                                                    Whitney R. Aldrich

 

(Note:  These are unapproved minutes.  Corrections, if necessary, may be found in the minutes of the April 19th, 2007, Selectboard meeting.)