Petition aims to abolish Winchester's districts

Anyone wanna bet who's behind this movement? Read on ...

By Meghan Foley Sentinel Staff

WINCHESTER — On the heels of a battle to put a standalone store in one of the town’s historic districts, a new movement is afoot to get rid of the districts altogether.
A petition warrant article seeking to abolish the ordinance that established the districts will go to the Winchester Historic District Commission Monday night for review.

Voters approved the ordinance at town meeting in March 1997. It applies to the Winchester and the Ashuelot districts, and seeks to protect buildings and areas that have “cultural, social, economic, political and architectural history.”

It also aims to “encourage and regulate” new construction that fits in with existing historic architecture; foster appreciation of the town’s beauty and its past accomplishments; strengthen the town’s economy “by protecting and enhancing the attractiveness of the community;” and promote the public and private use of areas in the historic districts “for the education, pleasure, prosperity, and general welfare of the community.”

The Winchester district includes a section of Main Street from Chapel Street southwest to the Route 10 bridge, and portions of Michigan and High streets and Richmond Road. The Ashuelot district covers a section of Ashuelot Main Street, and Old Hinsdale and Back Ashuelot roads.

The petition to abolish the district comes roughly a year and a half after the climax of a controversial proposal by Dollar General to build a store on Main Street within the boundaries of the Winchester district. The issue divided residents, some of whom felt having a store there was better than having a decrepit building; others who said a standalone store is out of character for the area.

The property at 71 Main St. is home to a roughly 200-year-old house, which the project’s developer, Zaremba Group of Lakewood, Ohio, wanted to demolish. The house is owned by Margaret A. Sharra, land use administrator and code enforcement officer for the town, and her brothers, James S. and Michael P. Shannon.

The historic district commission must approve any requests to raze a building in either of the districts, and it denied the Zaremba proposal in July 2011. Zaremba appealed the ruling to the Winchester Zoning Board of Adjustment in August of that year.

In October 2011, the zoning board ruled the house could be demolished as long as the historic district commission approved plans for the Dollar General first.

Five property owners then filed a motion requesting the zoning board reconsidered its decision. The board denied the request in November 2011.

A month later, the group of residents and Kulick’s Inc., which operates a market on Warwick Road (Route 78), took the matter to Cheshire County Superior Court in Keene.

The lawsuit, which named the town’s board of selectmen and zoning board as defendants, asked the court to invalidate the zoning board’s decision and have the case sent back to the zoning board for further review.

In April 2012, Judge Kathleen McGuire ruled against the residents and Kulick’s.

Gene Park, vice chairman of the historic district commission, said Thursday the petition to abolish the districts came as a surprise.

“The commission was blindsided by it,” he said. “I have no idea where it came from.”

He is interested to hear the arguments for and against abolishing the ordinance, he said.

James Shannon and some of Sharra’s family members signed the petition. The petition also includes the signature of Denis V. Murphy 2nd, chairman of the Winchester Historic District Commission.

Murphy said this morning he signed the petition because someone asked him to.

“I’m not going to deny someone the democratic process,” he said.

Sharra, who didn’t sign the petition, said Thursday her brother, James, would be a good person to ask about the reasoning behind the petition.

Shannon was unavailable for comment and efforts to reach Sharra this morning for further comment were unsuccessful.

The petition was received by the town Dec. 11.

The historic district commission has scheduled public hearings for residents to weigh in on the petition warrant article for Monday, Dec. 30 and Jan. 14. The hearings will begin at 7 p.m. at Town Hall.

Meghan Foley can be reached at 352-1234, extension 1436, or mfoley@keenesentinel.com. Follow her on Twitter @MFoleyKS.

So who's the registered town voter who started the petition and why? Is this the next step towards Sharra getting her way? If people in this town want to continue having a say in what goes on in your town, then you'd better get yourself to these meetings and Deliberative or otherwise pay the consequences of your non-actions. Seems the few who think Winchester is their plum plan on abolishing anything that stands in their way.

Winchester tax rate takes a hike

Posted: Monday, December 2, 2013 12:00 pm

 

By Meghan Foley Sentinel Staff

WINCHESTER — Increases in town and school expenses have led to a nearly 10 percent rise in this year’s tax rate.
Winchester Town Administrator Shelly Walker said Tuesday the rate increase was a given once voters approved a series of warrant articles at town meeting in March and the school budget came in higher than it was in 2012.

Winchester’s 2013 tax rate is $30.73 per $1,000 of assessed valuation, an increase of 10.1 percent from $27.92 last year.

The town tax rate is $8.40, up 20.3 percent from $6.98 last year, and the local education tax rate is $16.53, an increase of 9.5 percent, from $15.09 last year.

Winchester’s state education rate of $2.61 is up 8.3 percent from $2.41 last year. Its county rate of $3.19 is a decrease of 7.3 percent from $3.44 last year.

Under the 2013 tax rate, a house assessed at $200,000 would have a tax bill of $6,146, compared to $5,584 last year.

In March, Winchester voters approved an operating budget of about $3.4 million, which was an increase of $346,074, or 11 percent, from approximately $3.07 million last year. They also approved $237,354 in financial warrant articles in addition to the operating budget. That number was $58,903 higher than the amount of monetary warrant articles approved in March 2012.

Voters approved a school budget of about $11 million, an increase of 2.3 percent over the 2012 budget of about $10.8 million.

The Winchester Board of Selectmen was able to lower the 2013 tax rate by $1 using money from the town’s unreserved fund balance, Walker said.

Tax bills are due Dec. 31.

 Just think how much more they could have lowered the increase if they just made businesses and others pay their tax bills like the rest of us.

Meghan Foley can be reached at 352-1234, extension 1436, or mfoley@keenesentinel.com. Follow her on Twitter @MFoleyKS.

Board of Selectmen Regular Minutes 10-23-13

Board of Selectmen Work Session Minutes 10-22-13

Winchester principal to retire at end of school year

By KAITLIN MULHERE Sentinel Staff

Posted on November 15, 2013 

WINCHESTER — A longtime fixture at Winchester School has announced this will be her last year working with children there.
Principal Pamela Bigelow, who started as a substitute teacher at the school in 1982, will retire at the end of this school year.

When Bigelow moved to Winchester from the Seacoast with her husband and two young children, her kids started attending Winchester School. For that reason, her post was more than a job, she said. It also was her chance to do everything she could to help the school be the best it could be for the sake of her kids.

Working with the children of Winchester for the past 30 years has been rewarding, Bigelow said. But she felt it was time for someone with fresh ideas to continue bringing the school forward.

Bigelow left the classroom in 2005 to work as assistant principal. When then-principal James M. Lewis was tapped to lead the district as superintendent in 2012, Bigelow moved up to the principal’s office.

Looking back, her journey to the principal’s desk is surprising, since she never aimed to be there, she said.

Before becoming an administrator, Bigelow taught kindergarten, 1st grade, 2nd grade and 4th grade. She spent 15 years as the music teacher for students in kindergarten through 6th grade, and she directed the elementary school band and chorus. She also served as the school’s community partnership director.

The district is creating a hiring committee of staff, board members and parents, and hopes to have a principal in place by the spring, Lewis said.

“It’s a big decision,” he said. “We want this person to stay here for a long time.”

Kaitlin Mulhere can be reached at 352-1234, extension 1439, or kmulhere@keenesentinel.com. Follow her on Twitter @KMulhereKS.

Route 10 bridge in Winchester to be replaced

By Meghan Foley Sentinel Staff

WINCHESTER — State officials expect work to replace an aging bridge near the Swanzey town line to begin by year’s end.
The roughly $4 million project will involve replacing the I-beam and concrete deck bridge that carries traffic over the Ashuelot River with a bridge made of welded steel plate girders, according to the N.H. Department of Transportation. The new bridge will be 225 feet long with three spans, the department said. It will be built about 50 feet west of the existing bridge, which was constructed in 1935, and is seventh on the state’s list of red-list bridges, according to the department.

State officials define red-list bridges as having known deficiencies, requiring weight limit postings or being in poor condition.

Shaun M. Flynn, district construction engineer for the N.H. Department of Transportation, said Tuesday the contractor, Franklin-based Beck & Bellucci Inc., plans to start work at the Route 10 site later this fall.

Besides replacing the bridge, Beck & Bellucci Inc. is also being hired by the state to reconstruct the approach of Westport Village Road to Route 10, and construct a parking area for canoe and kayak access to the river, according to project documents.

The project is estimated to be done by July 17, 2015.

Vehicles will continue to use the old bridge until the new bridge is ready, and any effects on traffic should be minimal until the 2014 construction season, Flynn said.

Some of those effects will come from moving Route 10 to connect to the new bridge and extending Westport Village Road, he said.

The project will be paid for with funds from the federal Bridge Replacement Program and Turnpike Toll Credits, according to project documents from the state agency.

Meghan Foley can be reached at 352-1234, extension 1436, or mfoley@keenesentinel.com. Follow her on Twitter @MFoleyKS.

Fight over Winchester Dunkin' Donuts proposal in two courts

By Meghan Foley Sentinel Staff

WINCHESTER — The proposal to build a combined convenience store, gas station and Dunkin’ Donuts at the corner or Routes 10 and 78 is back in court — or more like courts.
Cases involving the project are moving forward in both N.H. Supreme Court in Concord and Cheshire County Superior Court in Keene.

The Supreme Court case is an appeal by the project’s developer, S.S. Baker’s Realty Co., of Superior Court Judge John C. Kissinger Jr.’s decision earlier this year to uphold the Winchester Planning Board’s July 2012 denial of the project.

While S.S. Baker and the town of Winchester were the main parties in the Superior Court case, Kulick’s Inc., which operates a grocery store and gas pumps at 30-80 Warwick Road (Route 78), was an intervenor in the litigation.

S.S. Baker filed the Supreme Court appeal on May 17, and the court accepted it on June 13. As of Friday afternoon, the case was still pending, with S.S Baker’s filing its brief on Oct. 10, and the town’s brief due on Nov. 27.

The Superior Court case is an appeal by Kulick’s of the planning board’s July 15 approval of the project based on a second set of plans filed by S.S. Baker’s in June. Kulick’s is also appealing the zoning board of adjustment’s Aug. 29 decision that the special exception it granted in February 2012 for a drive-through window for the Dunkin’ Donuts was still valid.

Kulick’s filed its appeal of the planning board’s decision on Aug. 8, and its appeal of the zoning board decision on Sept. 19. Both cases have since been consolidated.

Debate about the construction of a combined convenience store, gas station and Dunkin’ Donuts at 4 Warwick Road has been ongoing for over a year.

S.S. Baker’s is proposing to build a 3,500-square-foot building on the 1.19-acre site. The building would include a drive-through around back for the Dunkin’ Donuts, three fuel pumps covered by a canopy on the Route 10 side and 25 parking spaces.

The firm is managed by Teofilo Salema, who owns other Dunkin’ Donuts stores in the area.

The project first came before the Winchester Planning Board in April 2012. Board members initially rejected the project’s application because of concerns about traffic flow at the intersection, and that the project would overwhelm the site.

According to state law, a project can be refiled with the planning board as long as it’s different from the first version. S.S Baker’s did just that this year.

With the planning board approving the second version of the project, it’s unclear why the Supreme Court appeal about the first version is still pending.

In the meantime, Kulick’s, which is owned by Stanley S. Plifka Jr., is asking a Superior Court judge to declare S.S. Baker’s first site plan is the same as the second, and then reverse and remand the planning board’s approval of the second site plan.

The town is seeking to dismiss the suit, arguing the site plans are different. The town also argues that the special exception for the drive-through window is still valid because the clock stopped ticking on it when S.S. Baker’s appealed the planning board’s decision on the first application.

Meghan Foley can be reached at 352-1234, extension 1436, or mfoley@keenesentinel.com. Follow her on Twitter @MFoleyKS.

 Once again our Planning Board has erred, just like in they did when an appeal was filed in the Van Dyke matter. Once the appeal to the Supreme Court was filed and accepted, the board no longer had any jurisdiction over the matter; they should never have accepted, nor ruled on his second application. same old crap by the same old people; resulting in more lawsuits and court costs .. When will Winchester's voters wake up ?

Board of Selectmen Meeting Minutes 10/09/13

Board of Selectmen Meeting Minutes 10/02/13

BOS Work Session Minutes 10/01/13

Board of Selecmen meeting 9/25/13

BOS Meeting Minutes Sept 11th 2013

BOS Meeting Minutes Sept. 19th 2013

Science exam results mixed in Monadnock Region schools

By KAITLIN MULHERE Sentinel Staff

Local scores from May’s state science exam were a mixed bag, with some districts improving and others seeing their scores drop.
The results of the New England Common Assessment Program’s 2013 science test were released last week.

The test quizzes students in 4th, 8th and 11th grades on earth and space science, physical science, life science and inquiry, or scientific thinking. Unlike the reading and math assessment tests, which are taken in October, the science test is given to students in May.

State scores dropped slightly in 2013, the sixth year the of the science portion of NECAP testing. The percentage of 11th-graders across the state who scored proficient or better dropped from 33 percent to 30 percent. Fifty-one percent of 4th-graders reached the proficient benchmark, compared with 53 percent last year, and the 8th-grade results held steady, with just over 31 percent of students scoring proficient or better.

Locally, the results were more varied.

Symonds School in Keene saw one of the biggest jumps, with the percentage of proficient 4th-graders rising from 57 percent to 75 percent. That increase helped pull up the district's overall elementary science scores from 54 percent to 59 percent proficient, despite little, if any, growth at the district's four other elementary schools.

Eighth-graders in Keene improved from 26 percent to 32 percent proficient.

But many districts in the Monadnock Region didn't see much, if any, improvement. The percentage of proficient 4th-graders fell in the Conval, Monadnock, Fall Mountain and Winchester districts. Eighth-grade scores fell in Hinsdale, Fall Mountain and Winchester.

The NECAP scores are based on four levels: proficient with distinction, proficient, partially proficient and substantially below proficient. Most area districts didn't have any students score in the proficient with distinction category.

At Hinsdale High School, the percentage of proficient juniors dropped significantly two years in a row. In 2010-11, 46 percent met the mark. That number fell to 35 percent in 2011-12 and then to 19 percent last year.

Hinsdale Superintendent David A. Crisafulli said the district knows it didn't perform well in science, but staff members are just starting to delve into the data to see exactly where students underperformed and where teachers should focus their efforts.

Part of improving will probably mean reminding the high schoolers that while the scores don't affect their transcripts or graduation credits, they do reflect on the school, and so the tests should be taken seriously, Crisafulli said.

Scores also dropped at Fall Mountain Regional High School, from 41 percent proficient or better last year to 31 percent this year.

The other four high schools in the Monadnock Region saw improvements:

* At Conant High School, 35 percent scored proficient or better, compared with 22 percent last year.

* At Conval Regional High School, 34 scored proficient or better, up from 25 percent last year.

* At Monadnock Regional High School, 29 scored proficient, up from 28 percent proficient last year.

* At Keene High School, 38 percent of juniors scored proficient or better, compared with 35 percent last year.

The science NECAP scores come at a time of much change for standardized testing in New Hampshire. Districts are in the process of updating curriculum to meet new grade-level standards called the Common Core State Standards, and as a result the NECAP tests will be replaced by the Smarter Balanced Assessment Test. That test begins in spring 2015.

* For the full results and scores from individual schools, go to http://reporting.measuredprogress.org/nhprofile/

Kaitlin Mulhere can be reached at 352-1234, extension 1439, or kmulhere@keenesentinel.com. Follow her on Twitter @KMulhereKS.

Same old story in Winchester, no matter how much money is spent, the results are always the same ...

Changes made to Winchester program after canoeing incident

By Meghan Foley Sentinel Staff

WINCHESTER — Better communication with the local police department is among the changes being made to a summer program for school-age children in Winchester after a canoeing trip went wrong last month.
Winchester police Officer Mike T. Tollett said that at a meeting Monday, school officials went over with parents what happened that led to three children becoming separated from the group they were canoeing with on the Ashuelot River Aug. 15. The children were enrolled in the ACCESS program, the Winchester School District’s after-school program, which also runs activities in the summer.

“What it basically came down to was a lack of communication between the parties involved in the outing that day,” Tollett said.

Not everyone had walkie-talkies or other means of communication to determine the location of everyone on the river once the group became separated, he said. The group also didn’t stay together like it was supposed to, he said.

The children, who were between the ages of 7 and 10, were rescued by firefighters after beaching their canoe on the side of the river. No one was injured.

“It’s really unfortunate and incredibly unacceptable that this happened,” ACCESS Director Jeremy S. Miller said Wednesday.

The program has offered the canoe trip for the past seven years, and until August, never had an incident, he said.

The students on the canoe trip were studying root systems, and had put their canoes in the river by the Coombs Bridge, he said.

There were four canoes in all, with a counselor from ACCESS in the lead canoe, and the 4-H leader coordinating the day trip in the last canoe, Miller said. He declined to provide the name of the counselor and leader.

Before putting their canoes in the river, the leader, who has been running the trip for ACCESS for the past seven years, gave the students a one-hour tutorial on canoeing, paddling and safety, Miller said. She also went over what they should do if they became separated from the group, and where to beach their canoes if they got tired, he said.

Each student wore a double-knotted life vest, he said.

The three canoes went ahead of the leader on the windy section of river, he said. She eventually caught up with them, but on the way back, the group became separated, he said.

The students paddling one of the canoes got tired and beached the vessel near one of the suggested spots, where the 4-H leader later met them.

The other adult got out of eyesight and earshot from children in the other canoe and called 911, he said.

Meanwhile, those children had pulled their canoe over to the river embankment, got out, and sat along the shoreline, Miller said. They were sitting on their life vests in an attempt to stay dry when firefighters found them, he said.

“No one was in the water or on an island,” Miller said.

The adult no longer works for ACCESS, he said. He didn’t specify further if the person left or was fired.

To make sure an incident like this doesn’t happen again, all ACCESS counselors will have walkie-talkies while on trips, and certain students will be trained to use them in case something happens to one of the adults, Miller said.

Trip plans will be filed with the Winchester Police Department from now on, and will include the beginning and end locations; times students and counselors are expected at those locations; the number of students on the trip; names of the trip chaperones and their contact information; Miller’s name and contact information; and the make and model of vehicles used on the trip, he said.

In addition, information about the next day’s activities and trips at ACCESS will be sent home to parents the night before, he said.

Meghan Foley can be reached at 352-1234, extension 1436, or mfoley@keenesentinel.com. Follow her on Twitter @MFoleyKS.

Only 4 canoes, these "adults" were incompetent and should never be allowed to supervise children again. What if there had been more canoes and children on the river that day? Would they all have been so lucky ?
And typical when things like this happen, blame it on the kids involved .. 

Miscellaneous Comments

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Questions remain about Winchester water rescue

By ALYSSA DANDREA Sentinel Staff

WINCHESTER — For Cory T. Nichols of Swanzey, Aug. 15 began like any other, but would take an unexpected turn on his drive to work at Winchester Wildlife Rehabilitation Center.
Nichols, 35, said he saw a police officer near the railroad tracks about a mile from Kelly Farm. A firefighter was also there, in his personal vehicle parked on the side of the road.

“As I started to drive around the truck, you could hear screaming and (the firefighter) started yelling into the woods, saying, ‘I’m coming. I’m coming,’ ” Nichols recalled.

Upon hearing the call for help, Nichols parked his truck and ran into the woods. By the time he caught up to the firefighter, they had both reached a moat, with a 6-foot drop into the murky water below.

“We both jumped in,” Nichols said. “We then swam to an island where three young children were standing.”

The firefighter questioned the kids, who were standing with a canoe and said they were too tired to keep paddling, so they pulled off onto the island, Nichols said.

More than three weeks after firefighters rescued the three children — who were between the ages of 7 and 10 — questions remain about how they got separated from their group while canoeing on the Ashuelot River.

Winchester’s emergency personnel and the local educators who run the out-of-school program for students in grades K-8, are expected to meet to discuss the incident. A date for the meeting has not yet been set, according to Winchester Police Chief Gary A. Phillips.

Winchester Fire Chief Barry D. Kellom said the meeting will be an opportunity for everyone to learn more about what happened that day on the river, as well as how to prevent such an event from happening again.

ACCESS, or All Children, Cared for, Educated, Supported, and Successful, ran the canoe trip the children were on. The program provides learning opportunities for children, parents and community members in partnership with University of New Hampshire’s Cooperative Extension and Cheshire Medical Center/Dartmouth-Hitchcock Keene, according to its website. Activities are usually offered during the school year; however this year, Winchester ACCESS operated a summer program.

ACCESS Director Jeremy S. Miller, who oversees the program’s activities, did not return multiple phone messages left by The Sentinel seeking comment.

Parents who contacted The Sentinel shortly after the incident declined to comment on the record.

Nichols helped bring the children from the island, across the water and back to shore. They later joined the rest of the ACCESS group, which had made it to Kelly Farm, Nichols said.

“I was appalled at the fact that they were alone. I really don’t understand how this could have happened.”

And now the question becomes how to make sure it never happens again.

Alyssa Dandrea can be reached at 352-1234, extension 1435, or adandrea@keenesentinel.com. Follow her on Twitter @ADandreaKS.

Zoning board backs Winchester Dunkin Donuts

By Meghan Foley Sentinel Staff

WINCHESTER — The zoning board of adjustment won’t ask the planning board to reverse its approval of a combination Dunkin’ Donuts, convenience store and gas station.
In a 4-1 vote Thursday night, the zoning board denied an appeal filed by Kulick’s Inc., requesting the board, based on several technicalities, reverse the planning board’s decision last month. Zoning board member Kenneth Cole was the lone dissenter.
Kulick’s Inc. is owned by Stanley S. Plifka Jr., who runs Kulick’s Market at 30 Warwick Road. The business, which includes a grocery store and gas pumps, is less than a half-mile from the proposed Dunkin’ Donuts, convenience store and gas station at 4 Warwick Road. Plifka has opposed the project since it first came before the planning board in April 2012.
In July 2012, the planning board denied the project, and developer S.S. Baker’s Realty Co. appealed it in Cheshire County Superior Court in Keene. Judge John C. Kissinger Jr., who granted Kulick’s intervenor status in the case, upheld the board’s denial.
S.S. Baker’s appealed Kissinger’s decision to the N.H. Supreme Court on May 17, but it also filed a second site plan review application with the planning board in June.
The second plan was nearly identical to the first, with the exceptions that the 3,500-square-foot building was 4 feet shorter than in the previous proposal, and vehicles would be prevented from making a left turn from the store’s parking lot onto Main Street. The new plan also allowed for up to 11 cars to be in the drive-through lane for Dunkin’ Donuts instead of 10.
In Kulick’s appeal to the zoning board, its attorney, Kelly E. Dowd of Keene, wrote the planning board shouldn’t have accepted the second application because it didn’t meet the criteria that would have made it different from the first filing. The board also violated local zoning laws by granting certain waivers for the project, and some conditions included in the project’s approval were illegal, Dowd wrote.
Dowd also claimed the special exception granted by the zoning board in February 2012 allowing the drive-through window for Dunkin’ Donuts was invalid because it expired in a year. S.S. Baker’s didn’t request an extension of it, he wrote.
Zoning board Chairman Louis Fox said Thursday the only matter his board could address in the appeal was the special exception, and Dowd agreed.
“All the issues brought before us, except the special exception for the drive-through window, are either planning board or court issues,” board member William McGrath said.
Dowd has also filed the appeal in Cheshire County Superior Court in accordance with state law.
Fox said the zoning board had been advised by its legal counsel that the clock stopped ticking on the special exception when S.S. Baker’s appealed the planning board’s decision on its first application. Therefore, with the case still pending in Supreme Court, the exception was still valid, he said.
“The zoning board consulted our counsel, which costs the town money. I’d hate to go against advice we pay for,” he said.
Cole disagreed with Fox’s assessment, saying the second application was a new application, different from the original.
“If we decide that the special exception is valid, we’re saying the planning board did its job, and we don’t have to provide a special exception for the new application,” he said.
At one point, Dowd asked board members if their decision stating the special exception was still valid meant they believe the second application was the same as the first.
There was a brief pause before Land Use Administrator Margaret A. Sharra told members it was a trick question.
The board never answered it.


 Still being directed by Sharra. The only member who knows what's right and how to follow procedure was Cole, the rest shouldn't even be sitting on this board. The fact that another application was filed with the Planning Board while there was in effect an appeal to the State Supreme Court, made that application null and void and it should never have been heard, let alone acted on. This is what happens when Selectmen pick their flunkies instead of the public voting for members on the ZBA and members of the Planning Board are chosen out of loyalties and not based on their knowledge of rules, regulations and laws... Is there any wonder why this town gets sued so many times?

Fight continues over Winchester Dunkin donuts

By Meghan Foley Sentinel Staff

WINCHESTER — The owner of Kulick’s Market continues to fight the construction of a combination Dunkin’ Donuts, convenience store and gas station less than a half-mile from his business.
Stanley S. Plifka Jr., owner of Kulick’s Inc., is asking the zoning board of adjustment to rehear, reconsider and reverse the planning board’s July 15 decision approving the project at 4 Warwick Road.
Plifka, who operates a grocery store and gas pumps at 30 Warwick Road, has opposed the project, which first came before the planning board in April 2012.
When developer S.S. Baker’s Realty Co. of Keene appealed the planning board’s July 2012 decision to deny the project in Cheshire County Superior Court in Keene, Kulick’s filed for intervenor status, which Judge John C. Kissinger Jr. granted.
In the motion to intervene, attorney Kelly E. Dowd of Keene, who represented Kulick’s, wrote the business would be “directly harmed as a result of traffic, environmental and economic impacts if the proposed project moves forward.”
The Dunkin’ Donuts/convenience store/gas station is proposed for a 1.19-acre site on the east corner of the intersection of Main Street (Route 10), Warwick Road (Route 78) and Hinsdale Road (Route 119).
In June, S.S. Baker’s filed a second site plan review application with the planning board after Kissinger backed the board’s 2012 denial of the project.
In addition, S.S. Baker’s appealed Kissinger’s decision to the N.H. Supreme Court on May 17.
While the second site plan was nearly identical to the first, it was designed to prevent vehicles from making a left turn from the store’s parking lot onto Main Street, and allows for 11 cars to be in the drive-through lane for Dunkin’ Donuts instead of 10.
The 3,500-square-foot building is also 4 feet shorter than in the previous proposal.
In Plifka’s request for a rehearing, Dowd points to several technicalities that should result in the planning board’s decision being overturned by the zoning board.
Dowd claims the planning board shouldn’t have accepted the second application because it didn’t meet the qualifications that would have made it different from the first filing. The claim also says the board violated local zoning laws by granting certain waivers for the project, and some conditions the board included in the project’s approval were illegal.
In addition, Dowd wrote the special exception granted by the zoning board in February 2012 is invalid because it expired in a year, and S.S. Baker’s didn’t request an extension. The exception allowed for the business to have a drive-through window.
The zoning board is scheduled to hold a public hearing on Plifka’s request Thursday, Aug. 29, at 7 p.m. at town hall.

Winchester sidewalks to make downtown safer

Posted: Tuesday, August 13, 2013 12:00 pm

By Meghan Foley Sentinel Staff

WINCHESTER — It took decades, but residents will soon have a safer way to walk between their homes and businesses in the downtown area.
After three years of preparing and planning, and decades of discussion, town officials plan to start construction of a new sidewalk from Kulick’s shopping center on Warwick Road (Route 78) north to Main Street (Route 10) next month. Town officials are shooting for a Sept. 30 start date for the project, Land Use Administrator Margaret A. Sharra said Monday.
Town officials expect the project to be done by the beginning of November, she said.
“I think we’re finally going to get there. I’ll be happy when a shovel breaks the ground,” she said.
For several years, town officials have been looking to install about a mile-long sidewalk from the shopping center to Main Street.
Discussions about the project date back to the 1980s when it was first talked about by the town’s economic development committee, Sharra said. It was again discussed in the 1990s and 2000s, she said.
There are hundreds of people who walk from Main Street to the shopping plaza, which has a number of businesses including a market, bank, hair salon and hardware store, she said. It’s “extremely unsafe” with no sidewalk, she said.
“It’s very important we’re finally going to be able to give residents safe access to the services they need,” she said.
It will also make it safer for children walking to school, Town Administrator Shelly Walker said.
The new asphalt sidewalk will follow the eastern side of Route 10 and cross Mirey Brook on the existing bridge deck, Sharra said. After going over the brook, the sidewalk will cross the road to the western side of Main Street and continue along the Ashuelot River to meet the existing sidewalk, she said.
The project is expected to cost $371,000, with 80 percent of the tab being picked up by a federal Transportation Enhancement Grant, awarded to the town in March 2010. The town is responsible for covering the remaining 20 percent, which is $74,200.
One of the reasons it’s taken so long to start construction is that town officials have had to navigate through several mandates tied to the grant, Sharra said.
For example, any change to the project has to get the OK from state and federal highway agencies, which can complicate things and draw out the process, she said.
Town officials plan to begin soliciting bids for the project next week, Sharra said.

"Hundreds of people"  walking around downtown?  When???
"Safer for school children walking to school" ??  How many kids live in that area of the business district?

$371,000 .. With no bids yet, just how did the Town come up with that figure??

For that kind of money the town could afford some nice concrete sidewalks and granite curbs like they just put in along Route#101 in Dublin .. Of course things like that don't happen in Winchester.

So why does the town have to sub this work out? Can't the Highway Dept. with a budget close to half a million dollars and hundreds of thousands of dollars in equipment, grade and lay down some ugly asphalt  sidewalks like they do in other towns? Why does every project in the town have to be subbed out? Exactly what does our highway crew  do all day for the money they get paid? Anybody got any answers?

Right decision on zoning request, by Christine Hadley

We have an attitude of gratitude.
On behalf of the residents of Stone Mountain Road, Naramore Road, Headlands Road, Forest Lake Road and surrounding neighborhoods, we wish to thank the Winchester Zoning Board of Appeals for their excellent job in researching the rules, laws and regulations in the matter of a request for variance to change the permitted use for a property in a rural residential neighborhood (50 Rabbit Hollow Road) from “storage of equipment” to commercial. Their decision to deny the variance requested by Gustave Ruth and Kenneth Harvey for their property currently leased out for auto repair, was based on the fact they did not meet the five criteria required by law for a variance.

We are thankful for the rallying support of 90 plus individuals who signed a petition imploring the board to obey the law and to deny Ruth’s and Harvey’s appeal against a cease-and-desist order, and a subsequent request for variance to change the use.
We say “thank you” also to a local security officer who stopped at 50 Rabbit Hollow Road at 1 a.m. to investigate “unusual activity” there, and who offered then to report to town officials. Thank you to others who have also filed reports and/or complaints with authorities.
We thank the attorneys working this case for their guidance through the legal system, and for helping us to better understand the laws and procedures as they apply in this case. Their knowledge and confidence during this process continues to buttress us.
We have witnessed a dramatic change in the neighborhood since the inception of this lease. Since the board said “no” to the variance, we now look forward to our properties returning to a level of peace and tranquility customary with the normal activity of residential living.
Well done!
On behalf of Bill Devino and Trish Smith,  Forest Lake Road, Winchester,
John and
Christine Hadley
Rabbit Hollow Road
Winchester

Winchester property dispute involves town officials

By Meghan Foley Sentinel Staff

WINCHESTER — A dispute over how a property can be used has pitted town officials against one another.
Gustave A. Ruth and Kenneth Harvey say they didn’t know leasing property they own at 50 Rabbit Hollow Road to an auto mechanic in November was wrong, until they heard from the town and were issued a cease-and-desist order.
Ruth is a planning board member and former selectman; Harvey is town moderator and a planning board alternate.
The two bought the property, which had been seized by the town, at auction for $25,000 in April 2012, and said they believed they were purchasing a commercial property. It is actually in the rural residential zoning district, town officials say.
Since receiving a cease-and-desist order from Code Enforcement Officer Margaret A. Sharra in February to close down the repair shop, Ruth and Harvey have come before Winchester’s zoning board multiple times to plead their case.
On June 27, the zoning board unanimously voted down Ruth and Harvey’s appeal of the cease-and-desist order. The duo then sought a variance to allow the repair shop to continue operating on the property. That variance was denied by the zoning board, 3-2, on July 11.
Harvey said Tuesday that he and Ruth have yet to decide if they will request a rehearing on the zoning board’s decisions. They have 30 days from each vote to do so, according to state law.
“I’m certainly dissatisfied with the board’s decision,” Harvey said.
When the town auctioned off the property, it was advertised as commercial and industrial, he said.
A check of property tax cards showed the property had been assessed as commercial and industrial for many years before the auction, Ruth said.
“The zoning board didn’t do its due diligence in researching why it was assessed the way it was,” he said.
The property was previously owned by Terrance P. Qualters, who had constructed a sheet metal building on the site with the intention of storing equipment in it.
The property was taken by the town for unpaid taxes in November 2011 and auctioned off in April 2012. At the time, Ruth was a member of the board of selectmen. His term expired in March.
Neighbors of 50 Rabbit Hollow Road have also become involved in the matter, saying the property shouldn’t be used for commercial activities.
One of those neighbors, Christine Hadley, said while she and other neighbors feel gratified by the zoning board’s decision to deny the appeal and variance, they understand that Ruth and Harvey can request a rehearing.
On June 13, Attorney Kelly E. Dowd of Keene, who represented Hadley and her husband, John, told the zoning board an illegal activity on a property has no right to continue under a new owner, according to minutes from that meeting.
While there are errors in the property’s tax cards, those cards aren’t legal documents, he said.
“The property being used commercially was never a lawful use.”

Winchester To Get Dunkin Donuts

By Meghan Foley Sentinel Staff

WINCHESTER — The town is on its way to getting a Dunkin’ Donuts.
In a 6-1 vote Monday night, the planning board approved a combination Dunkin’ Donuts, convenience store and gas station at 4 Warwick Road (Route 78).
The approval came with a list of conditions, including the requirement that a $7,500 donation offered by the developer, S.S. Baker’s Realty Co. LLC of Keene, for the town’s sidewalk improvement project be paid before the 3,500-square-foot building breaks ground.
The planning board’s approval comes about a year after the board shot down a similar plan S.S. Baker’s Realty proposed for the site.
It also comes in the shadow of a legal battle in which S.S. Baker’s Realty appealed the planning board’s August 2012 denial of the project. The appeal was accepted by the N.H. Supreme Court on June 13 after Cheshire County Superior Court Judge John C. Kissinger Jr. sided with the planning board in April.
Attorney Gary J. Kinyon of Keene, who represented S.S. Baker’s Realty, said following Monday night’s meeting that he believes his client will drop the Supreme Court appeal provided no one appeals the planning board’s approval of the project.
While planning board members had some questions about the proposed project, the bulk of the comments Monday came from the 13 people attending the public hearing.
Attorney Stephen B. Bragdon of Keene, who represented Kulick’s Inc., which operates a grocery store and gas pumps at 30 Warwick Road, argued there wasn’t enough change in S.S. Baker’s Realty’s new application to justify the planning board overturning its original decision.
The planning board’s reasons for denying the plan last year included concerns about traffic safety, and that the project would overwhelm the site and didn’t adhere to certain design standards.
“There have been no significant changes made. They eliminated one parking space and reduced the building by 150 feet,” Bragdon said. “It’s not a new application under state statute or case law.”
The new plan also includes a provision preventing vehicles from making a left turn from the business’ parking lot onto Main Street and makes room for 11 cars in the drive-through lane for the Dunkin’ Donuts instead of 10.
S.S. Baker’s Realty believes the new plan addresses the concerns the planning board had with the old one, said James P. Phippard of Brickstone Land Use Consultants LLC. Phippard presented the plans for the project on behalf of S.S. Baker’s Realty.
Resident Barry Montgomery spoke against the project, saying it could put mom and pop stores like J and G’s Service Station on Route 10 out of business. It’s in the best interest of Winchester to keep those types of stores because they preserve the town’s rural character, and cater to the needs of local residents, unlike larger chain stores, he said.
He then encouraged the board to approve the eatery use for the business, but reject the gas and convenience store component.
Resident John Gomarlo, who has lived in Winchester for 65 years, spoke in favor of the project, saying it would significantly contribute to the town’s tax base.
“I strongly believe at least 75 percent of people in town want to have a Dunkin’ Donuts, gas station and convenience store.”


.. and it only cost $7500 to get an approval this time around .. just how legal was this backroom deal?

Winchester selectmen name new town administrator

By Meghan Foley Sentinel Staff

WINCHESTER — The town’s former executive assistant is now town administrator.
Shelly Walker began serving as Winchester town administrator on July 1, after selectmen tapped her for the position on June 26. She replaces Joan C. Morel, who was town administrator from October 2010 until February. Since Morel’s departure, Walker had taken on the duties of town administrator on top of her executive assistant responsibilities.
Selectmen decided to wait until July 1, the beginning of the fiscal year, to fill the town administrator position so they could save money, Selectmen Chairman Kenneth Gardner said Monday.
Walker was the most qualified of all the candidates who applied for the position, he said. She had been the town’s executive assistant since 2010.
Her annual salary as town administrator will be $48,000, Walker said.
She has previous management experience, and has held many jobs in which she has advanced from entry-level to supervisory positions, she said.
“I love to learn, and I tend to learn everything from the ground up,” she said.
Understanding what everyone else does helps in managing a company, or a town, she said.
During the occasional down time she had as executive assistant, she sought to learn as much as she could from Morel about the town administrator position, she said.
Going forward, she will do whatever she can to make things better for people living in Winchester, said Walker, who has lived in town with her family since 2004.
“I really enjoy the area and the people, and I want to do as many positive things as I can for them.” she said. “I would like to make improvements as they can be fitted into the budget.”
One project she would like to help bring to fruition is the installation of more sidewalks in town, she said.
“It’s kind of my pet project.”

We're not doing anything wrong, by K.A. Harvey

In reference to Susan M. Newell’s “Enough Shenanigans,” in The Keene Sentinel, June 13.


FACT: Yes, motions were made and unanimously approved by our select board members on several occasions leading to tax deeded sales of three properties owned by Terry Qualters.

FACT: Yes the town administrator/auctioneer firm set a date for sales of said properties without concessions attached, “who to blame.” The public auction flyer and the town tax card for 50 Rabbit Hollow Road did show/reflect commercial use and was in use commercially by Mr. Qualters for gravel operations, repairs and storage of equipment.
FICTION: Mrs. Newell states to the contrary.
FACT: Not only was it used commercially, it has been taxed as commercial property for several years.
All the abutters were mailed notices of the auction and there was nothing deceiving about the description or its use. The assessed value says it all.
FACT: Yes, Mr. Ruth and I leased the property to own as listed on the tax card — commercial/industrial. Chemical toilets and sustainable water are acceptable at this location.
FACT: The “repair shop” only operates on an as-needed basis for repairs, generally four to five hours evenings, three to four nights a week and five to six hours one day out of the weekend..NOT 24/7 as Mrs. Newell would lead you to believe.
FACT: Yes, the leaser is a young mechanic and a professional in his scope of work. His clients are NOT all “young men” with “numerous LOUD vehicles.”
FICTION: Our argument is not unfounded on the previous use of the building. Where else did Mr. Qualters store, repair and operate his business? Go figure.
FACT: We, Mr. Ruth and I are NOT trying to be “grandfathered” as a previous use, we are seeking a varience/exception for commercial use only, NOT necessarily as a repair garage.
FACT: Mrs. Newell’s “What is apparent here?” YES, ignorance and mistakes were made by town officials. The town hires and maintains an assessing firm to configure its/our properties. It is apparent the town accepted the changes made and taxed the property as such.
FICTION: Allowed a selectman to purchase, dirt cheap an erroneously noticed tax sale.
FACT: The auction was posted in newspapers, mailings, flyers etc. Open to the public, the auction was held and the property was sold to the highest bidder.
Everyone had their chance. Most neighbors were present, their options were open.
Mr. Ruth and I purchased the property as an investment, not to stir up controversy. There are three neighboring businesses within sight of the property (50 Rabbit Hollow).
1. Horse boarding facility and tack shop.
2. Logging transportation business/owner operated.
3. Gravel operation and storage across the street.
I don’t understand the neighbors’ concerns. It’s OK for you to own/operate a business, but not for me?
Were the neighbors afraid of Mr. Qualters? It’s apparent they wore blinders for a quarter of a century. Good thing the tack shop is next door.
We are not asking for a free pass to profit from illegal use of the property.
The state mandates the RSAs and the town zoning board makes its decision on information provided.
Nothing unethical here.
K.A. Harvey
308 Richmond Road
Winchester

A chance to say 'enough,' by Susan M. Newell

Posted: Wednesday, June 19, 2013 12:00 pm

 

It is unfortunate that shenanigans in town government are frequently unethical, but rarely illegal. They are always complicated.
On Aug. 31, 2011, Winchester Selectman Gus Ruth made a motion to tax deed three properties belonging to Terry Qualters. It passed 5-0. The parcel of interest here is 50 Rabbit Hollow Road. On Oct. 27, 2011, the tax collector deeded it to the town.

On Feb. 1, 2012, Ruth made a motion to proceed with the sale of the three properties. It passed 5-0.
On Feb. 22, 2012, selectmen voted to allow the town administrator to sign an agreement with the auctioneer, and the next day she did. Selectmen chose not to reimpose the tax lien and penalties, nor to require a minimum bid. They chose to wait two months until April 21, 2012, for the auction.
The property on 50 Rabbit Hollow Road was advertised (apparently approved by the selectmen) as being commercial, in the Agricultural District and having an existing gravel operation. All three statements are untrue. There was never a variance for commercial use, the district is Residential and there was never a gravel operation. Abutters who would have bid never received notice of the auction, and the property as advertised was not immediately recognizable because of the untruthful headlines and description.
The assessed value of the 1.15-acre lot with a garage was $119,300. Taxes, penalties and interest attached to the property were $35,184. Ruth purchased the property for $25,000 (Reported in The Sentinel as $12,500).
Selectmen didn’t have to accept this bid. Right-to-know requests revealed that in 2007 selectmen rejected bids on properties valued at $11,000 and $13,400, and that they are still owned by the town.
On May 22, 2012, Ruth transferred the deed to Gus Ruth and Irene Ruth and (town moderator) Ken Harvey and Claudia Harvey. On May 24, 2012, the property was listed with a real estate agent for lease as Commercial/Industrial for $800 a month. The property has no toilet facilities, water, sewer or septic system (required by law for occupancy of leased or rented properties).
Around November 2012, the property was leased for auto repair, and continues being used all days and hours by a group of young men with numerous loud vehicles. They are not at fault for believing what the owners told them they could do.
Following a complaint, the code enforcement officer issued a cease-and-desist order on Feb. 21, 2013. Due to delays because of enforcement paperwork errors, the Ruths and Harveys are still appealing the order and have applied for a variance. Their second scheduled hearing was held on June 13. Ruth’s argument boils down to a baseless claim that the town (i.e. selectmen) allowed Qualters to illegally use the garage for repairs (contested by Qualters and abutters), so, he contends, the alleged illegal use must now be grandfathered for the current owners.
What is apparent here? “Ignorance and mistakes” on the part of town officials allowed a selectman to purchase, dirt cheap at an erroneously noticed tax sale, a prime piece of residential real estate, at a town loss of more than $10,000. Because the sale was postponed until after April 1, it remained as tax-exempt municipal property until April 1, 2013, even though the sales agreement could have required taxes for the balance of the year (about $2,000). The owners have been able to continue to collect rent for at least six months, four since the first cease-and-desist order was issued. ($4,800?)
The June 13 hearing was continued until Thursday, June 27, at 7 p.m. If Winchester taxpayers are interested in justice, they are encouraged to go to the hearing and let the selectmen-appointed zoning board know that they will not tolerate it giving the Ruths and Harveys a “pass” to profit from the illegal use of the property.
Taxpayers may not be able to undo past “mistakes,” but they may be able to prevent further abuse of the zoning ordinance — at least in this case.
Susan M. Newell
3 Old Chesterfield Road
Winchester

In Memory of Linda L. Gassett-Towne

Linda L. Gassett-Towne 59, of Westport Village Road, Winchester, NH, died Tuesday, May 14, 2013 at her home in Winchester, with her loving husband at her side.

She was born in Framingham, Mass., December 21, 1953, the daughter of Willard B. and Leona (Thompson) Gassett. She grew up in Natick, Mass. and was a graduate of Natick High School.

A resident of the area for the past 15 years and of Winchester for the past seven years, Linda worked for the past 12 years in quality control with Teleflex of Jaffrey.

She enjoyed floral and vegetable gardening, and was an accomplished seamstress. She enjoyed listening to music, especially the 60's and 70's, of which, her favorite was Cher. She also enjoyed her companionship with her dog "Chubby" and her cat "Maxwell".

Survivors include her husband of 44 years, Francis "Michael" Towne of Winchester; brother, Steven Gassett of Massachusetts; mother-in-law, Thelma R. Towne of Holliston, MA; brother-in-law, Stephen P. Towne of Temple, NH; sister-in-law, Patti Gipps of Holliston; and several nieces and nephews including, James Towne, Joseph Towne and Hannah Towne; two aunts; an uncle; and many cousins. She was predeceased by a brother, William Gassett.

A memorial service will be held Sunday, May 26, 2013 at 1:30PM in the Foley Funeral Home (www.foleyfuneralhome.com), 49 Court Street, Keene. Burial will be private. Family and friends are invited to call at the funeral home on Sunday from 1:00 – 1:30PM.

In lieu of flowers, the family requests that donations be made in Mrs. Gassett-Towne's memory to the Norris Cotton Cancer Center, Dartmouth-Hitchcock Medical Center, One Medical Center Drive, Lebanon, NH 03756, or to the American Cancer Society, New Hampshire Division, 2 Commerce Drive, Bedford, NH 03110.

The Foley Funeral Home of Keene, NH is assisting the family with the arrangements.

http://www.legacy.com/guestbook/DignityMemorial/guestbook.aspx?n=linda-gassett-towne&pid=164821791

Rest in peace dear Linda, may God hold you in his hands for all eternity and may his love bring peace to your family and loved ones.

Board of Selectmen Regular Minutes 4-10-13

Court sides with Winchester Planning Board in Dunkin' Donuts case

By Meghan Foley Sentinel Staff

WINCHESTER — A court has sided with Winchester’s planning board in a dispute over a planned Dunkin’ Donuts in town.
Judge John C. Kissinger Jr. ruled that the board was justified in denying an application for a combined Dunkin’ Donuts, convenience store and gas station at the intersection of Routes 10 and 78. The development was proposed by S.S. Baker Realty Co. LLC, which is managed by Teofilo Salema, who owns other Dunkin’ Donuts in the area.
Kissinger wrote that the board’s decision to reject the application based on traffic safety concerns, and that the project would overwhelm the site and didn’t adhere to certain design standards, was lawful.
The traffic safety issues discussed during the application process included the left turn onto Route 10, cars possibly parking on the highway shoulder and potential overflow from a drive-through onto Route 78.
During the application review hearings, a study done by an engineer and presented by S.S. Baker concluded that the existing traffic pattern could accommodate any increase in vehicles from the new stores. However, a peer review of that study done for the owner of nearby Kulick’s Market, Stanley S. Plifka Jr., questioned the study’s traffic counts and conclusion. Kulick’s also filed as an intervener in the court case.
Also, during the hearings, board members spoke about their concerns on the size of the lot to house the 3,265-square-foot project.
“Given the competing expert positions that were before the Board, and given the extensive debate the Board engaged in regarding the application, the Court cannot find that the Board’s stated traffic safety reasons for denying the application were unreasonable or unlawful,” Kissinger wrote in his April 9 ruling in Cheshire County Superior Court.
S.S. Baker did secure a driveway permit for the project from the N.H. Department of Transportation. But Kissinger wrote that “even if NHDOT’s issuance of driveway permits created a presumption that the driveways for the project were safe, the Board could have reasonably found that the presumption was rebutted based on the peer review study submitted by the intervener, Kulick’s, and the personal judgments and concerns of the Board.”
Planning board Chairman Dean Beaman, Vice Chairman Larry Hill, town attorney Barton L. Mayer, S.S. Baker attorney Gary J. Kinyon and Salema could not be reached for comment on the judge’s decision.
In March 2012, S.S. Baker filed an application for the project, which was rejected by the planning board in July after a series of hearings. The board rejected a motion to reconsider its vote in August.
Later that month, S.S. Baker appealed the decision in court, alleging the board’s decision was based on perceptions, rather than facts, and that some planning board members had conflicts of interest and were biased against the proposal.
Kissinger heard arguments in the case on March 25.