TOWN OF WALPOLE

MEETING OF THE SELECTBOARD

APRIL 15, 2010

Selectboard Present: Whitney Aldrich, Jamie Teague, Sheldon Sawyer (late)

Mr. Aldrich called the meeting to order at 7:30 PM with nine people present in the audience.

PUBLIC BUSINESS:

JACK NEARY: Mr. Neary stated that a neighbor is using liquid manure on a lot on Pleasant Street which is a Residential area. These neighbors use it and then leave town for a few days; it is an odor issue. In the past they had used plain manure to fertilize their lot. The Zoning Ordinance was referenced as follows, Article 4, Page 3, General Provisions: “Farm and garden activities are permitted when incidental to primary residential use, and home food and garden produce may be exposed for sale in this district, provided that such use is in no way injurious, obnoxious or offensive to the neighborhood.”

Mrs. Teague moved that based on this provision in the Zoning Ordinance that a letter be sent to the Neary neighbors quoting this provision to explain what they are doing to the neighborhood and that it is a violation. Seconded by Mr. Aldrich. With Mrs. Teague and Mr. Aldrich in favor, the motion was approved.

CONSERVATION COMMISSION:

Galloway Easement: Co-Chairs of the Conservation Commission (CC) Marcia Galloway and Lewis Shelley were present and introduced Rebecca Digirolomo from the Monadnock Conservancy. Ms. Digirolomo explained that they have been working with Paul Galloway, who resides off Cochran Lane, on a 53 acre Easement. The Town could take an interest due to town funds being used to assist in securing the Easement. There are three choices: 1) an Executory Interest; 2) a Third-Party Right of Enforcement or 3) no interest. Mr. Aldrich explained that they prefer to have a full Board present when making decisions such as this one. Ms. Digirolomo advised that they are ready to close at the Selectboard’s earliest convenience. She will see that a copy of the map, a copy of the survey, conditions of the property and other pertinent documentation is submitted to the Selectboard’s office.

CC Members: Mrs. Galloway advised that the Conservation Commission has three two-year term vacancies. They are requesting that the Selectboard appoint Duncan Watson and Jan Galloway-LeClerc. They are looking for a third interested person which resulted from the resignation of Peter Graves. Mr. Aldrich asked her to submit this request in writing for their records.

Mrs. Teague moved to appoint Duncan Watson and Jan Galloway-LeClerc to the Conservation Commission for each to serve a two-year term. Seconded by Mr. Aldrich. With Mrs. Teague and Mr. Aldrich in favor, the motion was approved.

Fannie Mason Forest Annex: Mrs. Galloway would like to obtain a legal opinion as to whether the Fannie Mason Forest Annex has to follow the conditions of the Fannie Mason Will. The Annex has a shelter on it and they would like to allow space for vehicles to park. There was a consensus of Mrs. Teague and Mr. Aldrich to contact the Local Government Center to see if they will render a legal opinion and, if not, it will be forwarded to Attorney Jeremy Hockinsmith.

High Street: Mr. Shelley advised that there is an emergency fire pond on the top of High Street. Members of the CC and Mark Houghton expressed concern about the pond and are therefore

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requesting that the Selectboard write a letter to the owners to put them on notice that if the pond breaches they will be responsible for the damages.

Merriam Farms Land: Mr. Shelley asked what guidelines the Selectboard is following for the road work being done on Merriam Farm Road as they started clearing the trees. At this time of the year there could be erosion problem. He contacted the Department of Environmental Services who advised that if the owners are following their plans they are responsible for any issues they cause. Mrs. Teague recommended that they ask the owners for a copy of their plan if the office doesn’t have one.

Planning Board: Co Chair of the Planning Board, Jeff Miller, and PB member, Ben Daviss, were present. About three years ago the PB decided that it would be useful for them to have a separate page on the town’s web site but they were advised that it was not possible. Therefore Harry Bernard set up a separate web site for the PB. He did all the work on a volunteer basis and has been up-dating it ever since. He has done about $3,000 of work. The PB would like to make a good faith payment of $150.00 to him out of PB funds. The Selectboard approved this request but asked Mr. Miller to submit a written request for their records.

Relative to the Planning Board regular meetings, Mr. Miller advised that they would like to meet on the first floor on the second Tuesday of the month for their regular meetings because they are never sure how many people will attend. They are okay with meeting in the downstairs room for their work sessions unless something unusual is scheduled. Mrs. Clough will schedule in the PB and ZBA regular meetings on the calendar for the first floor meeting room.

Hooper Cottage: Mr. Miller advised that the new tenants in the cottage cut down all the lilacs. The bushes were a safety issue with the golfers therefore they will probably plant something else on the Hooper Golf Club side. Mrs. Teague noted that the Selectboard authorized them to trim the bushes. Cindy Westover said the new fence the tenants are putting up is beautiful. Relative to the plug on the cottage property, Mrs. Clough advised that when Ms. Kissell lived there she did not believe the plug worked.

Congregational Church: Cindy Westover is on the committee searching for a new church minister. They hope to have somebody there in about six months. In the interim period Fred and Carol Dill have volunteered to house sit in the parsonage. They will be there rent free therefore she is requesting that this will not change their tax status. There was a consensus of the Selectboard that as long as there is no exchange of money it will be considered temporary house sitting.

Old Home Days: Cindy Westover advised that there will not be an Old Home Days event this year. The next one will be from Wednesday, June 22^nd through Sunday, June 26^th, 2011. She requested that Mrs. Clough mark off the Town Hall and Common for the full week.

Highway Department: Jim Terrell reported that “Deer Run Lane” was approved as a 9-1-1 street name by the state. Mr. Dill’s address will be “8”. He was asked for a 9-1-1 number for the new Tractor Supply store coming in. However, they cannot have a number off Route 12 because it is off a shared driveway. Mr. Dill would like the driveway named “Red Barn Lane”.

Mr. Sawyer came into the meeting.

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Mr. Sawyer moved to approve having the new driveway named “Red Barn Lane”. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

Mr. Terrell advised that they have been working with Westmoreland to move stone and sand. They have been grading the dirt roads; they are in pretty good shape with few mud problems. Some trees will be removed next week. Mr. Terrell met with Mr. Dudley. He will pass the drainage issue onto the state but it seems that it will be on Mr. Dudley’s property. Warren Stevens is doing a study on the School Street drainage. The state has inspected the three bridges. Mr. Terrell felt there are some things the town can do on the Wentworth Road Bridge to make some improvements. The street sweeper has been out.

FANNIE MASON FOREST ANNEX (Continued): The Selectboard revisited the issue of the Conservation Commission’s inquiry about obtaining a legal opinion as to whether the Fannie Mason Forest Annex has to follow the conditions of the Fannie Mason Will. Their consensus was that because monies from the Trust Fund were used to purchase the property they must follow the guidelines of the Will.

PAYROLL:

Mr. Sawyer moved to approve the payroll voucher for the week ending April 10, 2010,for checks dated April 16, 2010, for gross wages in the amount of $17,903.26 or net wages in the amount of $9,196.88. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

Mr. Sawyer moved to approve the electronic fund transfer for the 941 Employer Taxes for Withholding, MEDI and FICA taxes in the amount of $4,015.27. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

ACCOUNTS PAYABLE:

Mrs. Teague moved to approve the Accounts Payable check register and manifest in the amount of $57,579.96. Seconded by Mr. Sawyer. Motion passed by a unanimous vote.

SELECTBOARD MINUTES:

Selectboard Minutes – April 8, 2010: Mr. Sawyer moved to approve the Minutes of the regular Selectboard meeting of April 8, 2010, as printed. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

COMMITTEE MINUTES:

The Selectboard received and reviewed the Minutes of the following meetings:

· Conservation Commission – April 5, 2010; and

· North Walpole Village District Board of Commissioners – April 13, 2010.

BUILDING PERMIT:

ERIC & NICOLE SMITH, 15 Homestead Ave., Walpole, Map & Lot #024-004-000: Mr. Sawyer moved to approve Building Permit No. 2010-13 for Eric and Nicole Smith to construct a 16’ x 10’ deck on Homestead Avenue. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

VETERANS TAX CREDIT / EXEMPTION:

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FRANKLIN SIBLEY, 15 Hillside Acres, Map & Lot #018-015-000: Mr. Sawyer moved to grant the Veterans Exemption for Franklin Sibley. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

TIMBER – NOTICE OF INTENT TO CUT WOOD OR TIMBER:

JAN M. GALLOWAY-LeCLERC, County Road, Map & Lot #002-011-000: Mr. Sawyer moved to file the Notice of Intent to Cut Wood or Timber for Jan M. Galloway-LeClerc on County Road. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

EXCAVATION – REPORT OF EXCAVATION:

HODGKINS & SONS, INC., Map & Lot # 001-010-000: Mr. Sawyer moved to approve the Report of Excavation in the amount of $40.00 for Hodgkins & Sons, Inc. on 30 Industrial Park Drive. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

HODGKINS & SONS, INC., Map & Lot #012-073-000: Mr. Sawyer moved to approve the Report of Excavation in the amount of $106.56 for Hodgkins & Sons, Inc. on Old Drewsville Road. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

WARRANT – GRAVEL TAX:

HODGKINS & SONS, INC., Map & Lot #001-010-000 and Map & Lot #012-073-000: Mr. Sawyer moved to sign the Warrant for the Gravel Tax Levy for the Tax Year April 1, 2009 to March 31, 2010 in the total amount of $146.56. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

NEW BUSINESS:

HOOPER INSTITUTE COMMITTEE APPOINTMENTS: The Selectboard acknowledged receipt of a letter from Eloise Clark, Director, advising that there are two people interested in serving on the Hooper Institute Committee for three year terms. They are Nick Zachary and Rebecca Sethi. Bernie Perry and Andrea Chickering Sawyer have both served for three terms.

Mr. Sawyer moved to appoint Nick Zachary and Rebecca Sethi to the Hooper Institute Committee for each one to serve a three year term. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

Mr. Sawyer moved to re-appoint Jackie Kensen to serve for another three-year term. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

TRI-VILLAGE ENERGY COMMITTEE APPOINTMENT: Mr. Sawyer moved to appoint Andrew Dey as a new member of the TriVillage Energy Committee. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

GRANITE STATE ELECTRIC CO., 2010 INVENTORY OF TAXABLE PROPERTY FORMS – PA28: Mrs. Teague moved to authorize Whitney Aldrich, Chair, to sign the 2010 Inventory of Taxable Property PA28 as required by RSA 74 for Granite State Electric Company. Seconded by Mr. Sawyer. Motion passed by a unanimous vote.

BOARD OF TAX AND LAND APPEALS DECISION ON BASORA & BARNES vs THE TOWN OF WALPOLE: The Selectboard acknowledged receipt of the decision from the Board of Tax and Land Appeals on the Basora & Barnes appeal. The Tax Abatement was denied.

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OLD BUSINESS:

EECBG: Mr. Sawyer moved to authorize Whitney Aldrich, Chair, to sign the Energy Efficiency and Conservation Block Grant (EECBG) Program award letter from the office of Energy & Planning (OEP) and a contract from the TRC Energy Services. Seconded by Mrs. Teague. Motion passed by a unanimous vote.

POTATO BARN PROPERTY – Cliff Harper’s Emails: The Selectboard agreed to have Mrs. Clough make an appointment next week for them to meet with Attorney Hockinsmith. They feel they cannot make a decision on the former Potato Barn property because they do not know what the use will be for the building. In the meantime they will research what course of action needs to be taken if a Site Plan is submitted. They will draft a letter to be sent to Mr. Harper in response to his emails.

Adjournment: Mrs. Teague moved to adjourn this meeting. Seconded by Mr. Sawyer. Motion passed by a unanimous vote. The time was 9:46 PM.

Respectfully submitted,

Regina Borden, Recording Secretary

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Whitney R. Aldrich, Chair

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Jamie J. Teague

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Sheldon S. Sawyer

(Note: These are unapproved Minutes. Corrections, if necessary, may be found in the Minutes of the April 22, 2010, Selectboard meeting.)