Sentinel Editorial .. Winchester in the paper again.

Sentinel Editorial..Cooler heads prevail

Posted: Tuesday, March 18, 2014 

 

There are few times when a spat pitting local political factions against each other goes to town meeting voters and still results in a best-case outcome. Typically such squabbles go from bad to worse when they reach the point of being included on the town warrant.
Thus, our expectation s were low when the warrant to be presented at Winchester’s January deliberative session included a measure to rescind the town’s historic districts. At a hearing on the topic, several residents claimed to have been victimized by the district commission overstepping its bounds. Others, even more alarmingly, contended the town doesn’t have any history left to preserve and thus, there’s no need for the district.

Margaret A. Sharra, Winchester’s land-use administrator and code enforcement officer, said at the hearing the commission simply had not done its job as intended since it was created in 1997. It is worth noting Sharra owns property that several years ago was proposed for conversion to a dollar store. The commission refused to allow it. Sharra’s name was not attached to the petition warrant article, but several of her close friends and relatives were instrumental in getting it on the ballot.

In a state and region that ardently embraces its history, historic districts have become a valuable tool for preserving the aesthetics of the past. They are not always the right tool for a particular location, and they can result in picayune and arbitrary enforcement. Still, they represent an important arrow in the quivers of preservationists. Ironically, those most opposed to historic districts are often the owners of the very property they aim to protect, because they’re the ones whose use of their property is at stake. There are arguments to be made on both sides regarding property values within such districts, and the districts are often lightning rods for complaints and warnings about what the community “will become.”

But such debates usually take place when the districts are proposed, not decades later.

Coming out of the January hearing, there was little reason for optimism in Winchester for an amicable resolution.

There was one possible middle ground, however. The district commissioners had proposed an overhaul of their own regulations, and they submitted suggested revisions to the rules at about the same time that the petition emerged.

The 32 pages of revamped regulations may have eased the minds of some voters. Or perhaps it was simply the idea that the district commissioners were listening to the complaints and open to discussion. Maybe it was simply a matter of one faction in town outpolling another when all was said and done.

Whatever the case, voters last week chose not to throw the baby out with the bathwater, rejecting the petition article and keeping the historic districts in place — for now.

The town could find itself right back in the same situation entering 2015, but we choose to be hopeful the whole episode results in better communication among the officials and property owners involved, and that the proposed regulation update clarifies for everyone what’s expected within those zones.

If so, it could be an historic development.

Winchester Dunkin' Donuts debate continues

By Meghan Foley Sentinel Staff

WINCHESTER — The battle over whether Winchester gets a Dunkin’ Donuts now involves more court orders and a pro-coffee, pro-doughnuts Facebook page.
Cheshire County Superior Court Judge John C. Kissinger Jr. issued an order Feb. 28 upholding decisions made by the Winchester Planning Board and zoning board last year approving the proposed combined convenience store, Dunkin’ Donuts and gas station at 4 Warwick Road.

On Friday, the plaintiff in the case, Kulick’s Inc., filed a motion asking Kissinger to reconsider his decision. A hearing on that motion has yet to be scheduled.

Kulick’s, a grocery store with gas pumps at 30 Warwick Road, is owned by Stanley S. Plifka Jr.

The Feb. 28 court order came after a Jan. 21 hearing during which Attorney Kelly E. Dowd of Keene, who is representing Kulick’s, argued the planning board illegally approved the project in July 2013. Not enough changes were made to the project’s plans from when the board rejected them the year before, he said.

In addition, the board granted two waivers without S.S. Baker’s Realty Co. LLC making a case for hardship in adhering to zoning requirements, which is required to get a waiver, Dowd said.

He said the planning board shouldn’t have approved the project application without a stormwater management plan. The board instead made such a plan a condition of approval, rather then denying the application itself, he said.

He also said it was wrong of the board to rely on a flawed traffic study, and to conclude that a special exception granted in February 2012 for the Dunkin’ Donuts drive-through lane hadn’t expired.

Representing the defendants, attorney Matthew R. Serge of Concord, who is representing Winchester, and Attorney Gary J. Kinyon of Keene, who is representing S.S. Baker’s, argued against Dowd’s points at the January hearing.

The lawsuit is the latest chapter in a lengthy legal battle over the project that S.S. Baker’s is proposing for the 1.19-acre property at the corner of Main Street (Route 10) and Warwick Road (Route 78).

In July 2012, the Winchester Planning Board denied S.S. Baker’s first application for the roughly 3,500-square-foot convenience store, gas station and Dunkin’ Donuts.

S.S. Baker’s, which is based in Keene, appealed the decisions to Cheshire County Superior Court. The court upheld the planning board’s decision in April 2013. At that time, Kulick’s sided with the town in the lawsuit.

S.S. Baker’s then appealed the superior court decision to the N.H. Supreme Court in Concord. That case is still pending.

Around the same time, S.S. Baker’s submitted a second set of plans to the planning board for approval.

In the midst of the legal wrangling, a Facebook page titled “Stop Kulick’s Market — Winchester, NH wants their Dunkin Donuts” popped up earlier this month. As of Friday afternoon, the page had 722 likes, which is about 17 percent of the town’s population of 4,341. It’s also 45 more people than the 677 who voted at town meeting on March 11.

Kulick’s isn’t against Dunkin’ Donuts, Dowd said in a phone interview Friday afternoon.

“Kulick’s has no issues with Dunkin’ Donuts coming to the town of Winchester. We have issues with what they’re proposing to do on this particular site.”

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

Winchester voters decide not to abolish historic districts, OK budget

WINCHESTER — The town’s historic districts won’t become history, at least for now.
Residents voted against a petition warrant article to abolish Winchester’s historic district ordinance, 350-296.

The ordinance, which was approved by voters at town meeting in 1997, established two historic districts, and a commission to oversee the districts and enact and enforce regulations on them.

One historic district covers 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 other covers a section of Ashuelot Main Street, and Old Hinsdale and Back Ashuelot roads.

Proponents of the petition warrant article said the commission overstepped its bounds on many occasions, and that some of the requirements to preserve historic buildings aren’t financially feasible for private property owners.

Opponents said the commission’s oversight is necessary to preserve a town that has already lost a lot of its history.

The controversy resulted in some soul-searching by the historic district commission, which has been looking into better defining its regulations for some time.

The defeat of the petition warrant article gives the commission the opportunity to look into options for classifying and regulating the historic districts moving forward.

Another controversial petition warrant falling victim to Tuesday’s vote would have changed the zoning for 50 Rabbit Hollow Road from rural residential to commercial.

Voters soundly defeated the article, which was backed by property owners Gustave “Gus” Ruth, his wife, Irene, and Kenneth Harvey, 438-178.

The vote comes about a month after abutters to the property filed a protest petition, which then forced the Rabbit Hollow article to garner a two-thirds majority vote Tuesday, rather than a simple majority, to pass.

When the Ruths, Harvey, and his wife, Claudia, purchased 50 Rabbit Hollow Road at auction in April 2012, it was advertised as commercial, Ruth said last week. The town had also assessed the property as commercial for at least eight years, he said.

The Ruths and Harveys leased the property, which has a small building, to an auto mechanic in November 2012. The town then issued a cease-and-desist order for the operation.

The Winchester Zoning Board of Adjustment denied Gus Ruth and Ken Harvey’s appeal of the cease-and-desist order in June 2013, and then a variance, which would have allowed the commercial operation, in July 2013.

Other than to take the matter to court, the only other way to deal with it would be through a ballot question on the town meeting warrant, Ruth said last week.

He and Harvey decided to forgo filing a lawsuit so they and the town wouldn’t have to go through the expense, Ruth said.

In other business, voters narrowly backed a warrant article totaling $35,756 to raise the pay of police department employees, 332-317. The article, which was recommended by the selectmen, sought to make the salaries of town police officers more competitive with other communities.

At the deliberative session last month, Police Chief Gary A. Phillips said his department had trouble maintaining quality people because of the low pay.

Besides providing incentive for officers to stay with the Winchester Police Department, increasing the salaries would help the town better protect its investment of having to train and outfit the officers when they were hired, Phillips said at the meeting.

A majority of voters opted to support a petition warrant article, 348-309, to allocate $5,000 to the Winchester Historical Society to operate and maintain the Sheridan House. The Sheridan House, which is on Back Ashuelot Road, is a museum of the town’s history. Besides housing several artifacts, a barn on the property shelters some of Winchester’s historic fire equipment.

The historical society relies on membership fees, donations and fundraisers to generate revenue, but it’s having trouble making ends meet as of late, Treasurer Elena M. Heiden said at the deliberative session.

Voters also approved:

An operating budget of $3,298,617 by a vote of 529-126. The budget is down $556,223, or 14.4 percent, from the 2013-14 budget of $3,854,840.

A five-year lease-purchase agreement for a new dump truck with plow and sander equipment totaling $135,201, 345-302.

Petition warrant articles to adopt an optional veterans tax credit of $500 on residential property, 499-147; an optional veterans tax credit of $2,000 on residential property for a service-connected disability, 478-165; and an optional tax credit of $2,000 on the real or personal property of a surviving spouse of a person who died while on active duty, 497-150.

Voters rejected:

A seven-year lease-purchase agreement for a new custom pumper fire truck totaling $440,000, 329-318.

Designating a portion of Old Westport Road from Howard Street to Coombs Bridge as a scenic road, 441-200.

Of Winchester’s 2,482 registered voters, 677, or 27.3 percent, cast ballots on Tuesday.

Elections

In a three-year race for one, three-year term on the budget committee, incumbent Brian Moser won re-election with 230 votes. Falling short were Rikki Bolewski with 214 votes and Ed Katuska with 98 votes.

In a two-way race for one, three-year term as treasurer, incumbent Ruth Tatro won re-election with 440 votes. Falling short was Brian Moser with 176 votes.

In a five-way race for three, three-year terms on the Thayer Public Library Board of Trustees, Kenneth Berthiaume won with 364 votes followed by incumbent Frank J. Amarosa 3rd with 338 votes and incumbent Kim N. Gordon with 274 votes. Out of the running were incumbent Hubert L. Crowell with 270 votes and Amanda Lunt with 216 votes.

In a two-way race for one, three-year term on the Musterfield Cemetery Committee, Donald E. Hubbard won with 306 votes. Falling short was incumbent Erin G. Robb with 259 votes.

In a two-way race for one, two-year term on the Musterfield Cemetery Committee, Valerie Cole won with 360 votes. Out of the running was Hurbert L. Crowell with 216 votes.

Elected without opposition: Roberta Heinonen-Fraser, selectman, three years; Denis Murphy, moderator, two years; Bonnie Leveille, supervisor of the checklist, six years; Kenneth Cole, trustee of trust funds, three years; Harvey Sieran, Conant Public Library trustee, three years; Rick Durkee, Conant Public Library trustee, three years; Ted Whippie, Conant Public Library trustee, three years; Hubert L. Crowell, budget committee, one year; Brooke Sharra, planning board, three years; and Dean Beaman, planning board, three years.

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

Winchester voters turn down contracts for school staff

WINCHESTER — Voters here agreed to a slight budget increase but put their foot down when it came to giving raises to teachers and support staff.
The $11.2 million 2014-15 budget passed with 75 percent support Tuesday. Yet two contracts, one with the Winchester Teachers Association and one with the Winchester Support Staff Association, received only 46 percent and 48 percent approval, respectively.

The budget is up less than 1 percent from this year’s $11,086,540, but the amount to be raised from local taxes is up $413,298.

The two-year teachers contract would have cost $118,498 next school year and $63,285 in 2015-16, and the support staff contract would have cost $21,552.

Not only did voters turn down the collective bargaining agreements, but they also declined to allow the school board to call a special meeting to address those articles if they failed.

Winchester voters have been tough to sell on collective bargaining agreements in recent years. In 2012, a support staff contract failed, and last year, a one-year contract with the group received only 54 percent support.

Superintendent James M. Lewis said previously that the school board and budget committee members tried to get creative with job responsibilities to keep the budget from climbing even higher. For example, Lewis will take on the principal duties for the older students at the kindergarten-through-8th-grade Winchester School, and the district will advertise for an elementary school principal to replace Pamela Bigelow, who’s retiring at the end of this year.

The budget covers the expenses of Winchester School, and tuition to send older students to Keene High School.

An article to raise $25,000 for the Building Improvements Capital Reserve Fund passed with 56 percent, and an article to put up to $50,000 of any surplus money into a special education trust fund barely squeaked by once again, with 51 percent.

Of the town’s 2,482 registered voters, 677, or 27 percent, cast ballots Tuesday.

Elections

Trevor S. Croteau was re-elected to the school board with 460 votes. Also elected was Kevin Bazan, with 307 votes. Steven Thompson received 184.

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

HDC stays

Winchester's historic districts won't become history, at least for now.

Residents voted against a petition warrant article to abolish Winchester's historic district ordinance, 350-296.

Proponents of the petition warrant article said the commission regularly overstepped its bounds and that the district’s restrictions were a financial hardship on property owners.

Just say no, by Susan M. Newell

For two years, Winchester has contended with a former selectman, Gus Ruth, who just won’t accept that he can’t have his own way.
He has been one of the strongest activists for introducing government authority over private property rights (Aquifer Protection District, Forest Lake Overlay District, Steep Slopes Ordinance regarding subdivisions, the Conte Wildlife Refuge, and building the Conservation Commission’s treasure chest with land use change taxes, etc.).

Two years ago, Gus Ruth, Ken Harvey and spouses, bought at tax auction, 50 Rabbit Hollow Road, in a Rural Residential District. Against zoning, they used it as commercial property, renting it to a group that was loud and intrusive in the pastoral neighborhood. When challenged by the code enforcement officer, they had two lame excuses as to why they should be allowed to continue.

They claimed that the person who owned the property, before the town took it, had been illegally using it commercially (evidence seems otherwise) so they were grandfathered for illegal use. That didn’t hold water. They also claimed that because the digital property record card (accessible by many) mentioned commercial use, that misinformation (disinformation?) negated the law. Again that didn’t hold water. Then they went before the zoning board seeking a variance, but didn’t come close to meeting specific legal requirements.

So, they shut down the commercial operation.

But the story doesn’t end. Ruth and cohorts managed to get at least 25 signatures on a petitioned warrant article (Article 24) to change the zoning of 50 Rabbit Hollow Road (Map 9, Lot 23-3) to Commercial.

That constitutes “spot zoning” which was ruled illegal multiple times in New Hampshire Courts. According to New Hampshire Practice, Vol. 15, Land Use Planning and Zoning, Third Edition, Atty. Peter J. Loughlin (the handbook provided to local officials): “a court will find that a change has resulted in ‘spot zoning’ when the area is singled out for treatment from that of similar surrounding land which cannot be justified on the basis of health, safety, morals, or the general welfare of the community and is not in accordance with a comprehensive plan.”

If the warrant article fails, the subject is closed.

However, if it passes, Winchester taxpayers will face hefty legal bills. If the select board fails to implement illegal zoning that has been approved by the voters, Ruth and crew will likely bring a frivolous lawsuit against the town to force the change, and selectmen will have to defend against them. If selectmen implement the zoning change, despite its illegality, they will be sued by abutters, who will win. The only losers will be Ruth, et al., and the taxpayers.

It is odd, that while Ruth and the others are demanding exception from land use laws, for their exclusive benefit, it was stated at town meeting that Ruth submitted the petition for Article 22 to designate part of the Old Westport Road as a Scenic Road, in accordance with New Hampshire statutes. This is another one of those designations that requires landowners to jump through hoops with hearings, permits and approvals, and all the delays those entail, to receive a ruling on whether and how they may make minor landscaping changes to their own properties; and that also burdens the highway department with similar machinations just to remove overhanging limbs and maintain the road.

Winchester taxpayers, protect yourself from government overreach and unknown legal expenses by voting no on Articles 22 and 24, and in the process tell Ruth and his co-owners for one last time that no means no.

Susan M. Newell

3 Old Chesterfield Road

Winchester

Why the obstruction?, by Jennifer Marie Bellan

How Winchester treats its volunteers is disgraceful.

If you volunteer to serve on a town board, you had better be ready to support the agenda pushed by special interests in the town or your service will be deemed lesser-than, or worse, you will be seen as an impediment to their plans. I found this out when I sat as an alternate on the planning board. I even had to fight to be allowed to volunteer for this position because the then-chairman tried to block me!

Instead of fixing the historic districts ordinance so that it can work for the town, a warrant article has been inserted by a special interest group’s petition to eliminate the historic districts. Judging by the non-verbal communication exhibited between a couple of historic district commission board members and the land use officer and the now chairman of the planning board during the public hearings, the due diligence attempted by the commission board will be rendered a waste of time, because there are already two members who’ll vote the way the special interest group desires.

The Winchester Historical Society is not the historic district commission and has nothing to do with the management of the historic districts. The society runs entirely on volunteers and what money is raised through membership dues. The board of selectmen and the budget committee voted to not recommend the society’s warrant article asking the town for $5,000. That’s shameful as the society is the caretaker of the town’s history, plus, it houses the town’s antique fire equipment at no charge to the town.

During the past year, there was a group of dedicated volunteers who worked hard to fulfill their charge to investigate the consolidation of the town’s two libraries. Judging by the remarks made by certain selectmen, the commission’s report was not what they wanted to hear. Actually, it isn’t clear what the selectmen wanted this commission to do, because they now claim it was never their intention to close the Thayer Library — even though that’s what “consolidation” would mean in probate court.

And, why would a Thayer Library trustee run again for a trustee spot when he didn’t fulfill his obligations as a current trustee? Not only has he not attended a trustee meeting for the last two years (since March 2012), or ever once volunteered at the library, but he sat on the budget committee and voted against funding the library. The Thayer Library is another entity that runs entirely on unpaid volunteers. None of us receives the rent-free house plus half of our oil bill paid for by the town as this trustee’s nephew did as the prior librarian.

Of course, you can say that nobody is forcing me to volunteer and that I am foolish for doing so. But, are you saying then that all of those other wonderful Winchester volunteers, often the same people time and time again because no one else volunteers, are also foolish for trying to make Winchester a better place to live?

If you are, then that is the biggest disgrace of all.

Jennifer Marie Bellan
 P.O. Box 3

Ashuelot

Winchester zoning change on town meeting ballot is protested

Have to be real proud of a town that is always featured in the news for all the wrong reasons !

WINCHESTER — The owners of a local property are seeking support from voters at town meeting next week with a zoning issue, but opponents of the proposal say it violates their rights and state law.
Gustave “Gus” Ruth, his wife, Irene, and Kenneth Harvey, owners of 50 Rabbit Hollow Road, are backers of a petition warrant article that would allow their rural residential property to be rezoned commercial.

The petition was filed in December, and Ruth spoke in support of it during the town’s deliberative session last month.

The Ruths, Harvey, and his wife, Claudia, purchased the roughly 1-acre parcel, which includes a small building, for $25,000 at auction in April 2012. The couples put the property up for sale in December, with an asking price of $92,000.

The auction was held after the town took the property, which had been owned by Terrance P. Qualters, for unpaid taxes in November 2011. At the time of the sale, Ruth was a selectman. Harvey was, and still is, the town moderator. Both men serve on the planning board.

The petition warrant article says the property has been assessed as commercial for at least eight years, and was advertised as commercial property for the auction.

After the Ruths and Harveys bought the property, they leased it to an auto mechanic in November 2012. The town then issued a cease-and-desist order for the operation. The couples have been fighting for the commercial designation ever since.

Gus Ruth and Kenneth Harvey tried to appeal the cease-and-desist order, but the zoning board unanimously voted down their request in June. The board then voted 3-2 in July to deny a variance for the property, which would have allowed the commercial operation.

Soon after the petition warrant article was presented at the deliberative session in February, neighbors of 50 Rabbit Hollow Road filed a petition protesting the warrant article.

Christine B. Hadley, who was one of the residents to sign the protest petition, said the warrant article is an attempt to get a commercial property zoned in an area where it doesn’t belong.

“This isn’t a commercial property. It was used by someone who had a business to store equipment,” she said, referring to the previous owner.

Without the protest petition, the warrant article could pass with a simple majority. However, with such a petition in place, it needs a two-thirds majority vote, according to state law.

However, there is a chance the protest petition might not even be necessary.

According to N.H. case law, so-called “spot zoning” isn’t allowed in situations where changing the zoning of a property would go against not only the rest of the zoning district, but also a community’s master plan and the spirit of the ordinance governing the zoning district. A property would need to receive a variance to host a function different than the properties around it. And Winchester’s zoning board denied such a variance for 50 Rabbit Hollow Road last year.

Winchester resident Susan Newell wrote a letter to The Sentinel protesting the proposed zoning change.

If it passes, she wrote, “Winchester taxpayers will face hefty legal bills. If the select board fails to implement illegal zoning that has been approved by the voters, Ruth and crew will likely bring a frivolous lawsuit against the town to force the change, and selectmen will have to defend against them. If selectmen implement the zoning change, despite its illegality, they will be sued by abutters, who will win. The only losers will be Ruth, et al., and the taxpayers.”

Hadley said she knows the protest petition might be overkill, but she and other neighbors, are determined not to see the Rabbit Hollow Road property zoned as commercial.

“It just doesn’t fit the neighborhood,” she said. “The closest businesses are 1.5 to 2 miles away.”

Neither Ruth nor Harvey could be reached for comment.

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

Historical Society and the Sheridan House Museum.

     A reminder that the Winchester town voting for officers and warrant articles takes place on Tuesday, Mar 11, 2014 at the town hall from  8:00am to 7:00 pm.   There are 32 warrant articles for the town and 10 for  the school.

Please see attached flyer re: our town Historical Society and the Sheridan House Museum. 

Please help preserve the history of Winchester and Ashuelot…… by

Voting YES for Article # 17…To see if the Town will raise and appropriate the sum of $5,000 to be given to the Winchester Historical Society for the purpose of operating and maintaining The Sheridan House,……etc…                        (furnace is failing and needs replacement, among other needs)

Voting NO for Article # 25….”Are you in favor of abolishing the Historic District Ordinance?” 

Voting NO for Article # 24 … to rezone Map 9, Lot 23-3 (on Rabbit Hollow Rd) from Rural Residential to Commercial.  (“Spot-Zoning” is illegal)

Please vote, and thank you for your consideration of these articles.   

EmH

When Does It Ever Stop ?

How did this illegal warrant ever get approved and put on the ballot for a vote? Spot zoning by state law is illegal. Why did the town's attorney and our own elected officials allow voters at deliberative to vote to put this warrant on the ballot knowing full well that if approved a lawsuit would follow. It doesn't seem if any of them care what it cost the town as long as their friends get their own way.

SCHOOL ( UNOFFICIAL ) BALLOT 2014

ANNUAL TOWN BALLOT for MARCH 11th, 2014

SAMPLE ( UNOFFICIAL ) TOWN BALLOT ..