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