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.

The Dan Cole Memorial Scholarship

                                

The Dan Cole Memorial Scholarship
Cole Bowl 2013 Fundraiser
 

 
The Dan Cole Memorial Scholarship was founded in 2010 to honor
the life of Daniel Thomas Cole (April 10, 1973-November 2q, 2007),
a loving husband, father, son, brother and friend who lived in
Winchesterfor all of his life.
The scholarship is awarded annually to one student from
Winchester who shares the same career interests and embodies the
same positive spirit and love of life as Dan.
He was an exceptional athlete and motocross racer. He attended
Colby-Sawyer College and Keene State College, but ultimately
pursued his love of mechanics.
Dan was a Harley-Davidson. Ph.D.-certified  mechanic; he and his
brother Nat opened CFR Cycles, a motorcycle repair shop in
Winchester.
Dan was a mentor and instructor to many young motocross riders
in the area,and was a valued member of the Winchester community.
The Cole Bowl 2013 fundraiser will take place on Saturday, April 20
at the E.L.M.M.Community Center in Winchester. The 64-person
single-elimination candlepin bowling tournament promises to be a fun
filled memorial event.
While bowlers are facing off in the bowling alley, volunteers will be
raising funds in the main hall with Chinese auctions.
.
The Scholarship Committee is seeking gift card donations from local
businesses for the Chinese auction table. Gift cards in any denomination
any denomination. are appreciated

If you require more information about the scholarship fund or the Cole
Bowl funraiser, please contact committee member Christy Frazier
 @ 485-4700,
staff@infinite-energy.com.

Thank you for your consideration!

Invasive Emerald ash borer found in New Hampshire

The emerald ash borer, an invasive species of beetle that attacks and kills ash trees, was spotted in New Hampshire for the first time last month, officials from the N.H. Department of Resources and Economic Development said Friday.
Insect specimens were collected from “a suspect tree” found in Concord March 28 and sent to scientists at the U.S. Department of Agriculture, the Animal Plant Health Inspection Service, Plant Protection and Quarantine, all of whom confirmed the insect’s identity, state officials said in a news release.
Lorraine Merrill, the New Hampshire commissioner of agriculture, said the insect’s arrival was not unexpected.
“We have been monitoring the emerald ash borer’s eastward march and preparing for its arrival here,” she said in a news release.
The beetle’s presence has now been recorded in 19 U.S. states and two Canadian provinces, state officials said.
Brad Simpkins, state forester with the N.H. Division of Forests and Lands, said state agencies have implemented an action plan that’s been in place in anticipation of the insect’s arrival, with the first step being to determine how widespread its presence is.
The emerald ash borer attacks and kills North American species of true ash, with tree deaths occurring three to five years following initial infestation, state officials said.
For more information about the emerald ash borer, contact the University of New Hampshire Cooperative Extension Forestry Information Center hotline at 1-800-444-8978, or visit www.nhbugs.org to learn the signs and symptoms associated with the ash borer or to report a suspect ash tree.

Winchester to move forward with wastewater treatment plant upgrades

By Meghan Foley Sentinel Staff

WINCHESTER — Town officials still plan to move forward with some upgrades to the wastewater treatment plant, despite voters’ rejection of a bond last month to complete repairs.
Wastewater Superintendent Richard Meleski said last week his department is looking into using some of its capital reserve money to fund a few of the smaller projects included in the third and final phase of upgrades. Those projects include cleaning and filming the sewer collection system on the north end of town, having a comprehensive report done on that system, and possibly having a new rubber membrane roof put on the building housing the facility’s main operations center and offices, he said.
“We’re going to try to follow through with a few projects ourselves,” he said. “We’re currently looking into getting some prices, and we’ll see how it goes from there.”
Meanwhile the rest of the upgrades will remain on hold until next year, said Selectmen Chairman Kenneth Gardner.
“At that point, we’ll see if we still have the funding through the federal government, and we’ll make a determination then,” he said.
That federal funding, which is a low-interest loan, comes with a smaller state match, and is distributed through the N.H. Department of Environmental Services’ Clean Water State Revolving Fund to communities with eligible projects.
Work included in the third phase of the project was part of the original design to upgrade the 30-year-old plant, and it needs to be done at some point, Gardner said.
“Is it required by the state? No, but it is part of the original design, which makes the plant more efficient,” he said.
Besides the roof replacement and sewer collection system inspection, the third phase also included improvements to the heating, ventilation and air conditioning system, installing a station to receive sludge delivered to the plant, upgrading the well water system and laboratory equipment, and getting covers for the clarifiers that treat wastewater coming into the plant.
A warrant article seeking approval for the $1.48 million project failed to get the 60 percent majority it needed to pass on March 12. If the article was approved, selectmen would have been allowed to borrow the money, and the town would have applied for state and federal funding, which would forgive half of the loan.
Meleski said with selectmen’s approval, his department hopes to have the warrant article placed on the ballot again next year.
Many of the projects listed in the third and final phase were included in the first two upgrades, but were only to be done if funds were available, which they weren’t, Meleski said. Completing those projects would help prolong the life of the repairs already made to the plant, and help it run more efficiently, he said.
The first phase of upgrades, approved by voters in March 2009 with a $3.4 million bond, are wrapping up, he said. The second phase is expected to begin in late summer, he said. Voters approved $500,000 in March 2010 after town officials learned the $3.4 million wasn’t enough.

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

Special education funding topic of proposed bill

A new bill gets the nod from legislators.
The bill would require the state to pay at least 80 percent of the catastrophic aid for eligible special education costs that districts are entitled to through a longstanding formula. State money to support educating students with a high level of special needs has dropped to about 70 percent of what districts are entitled to in the past two years.

But while the N.H. House’s education committee unanimously backs House Bill 344, which goes before the full House on Wednesday, the finance committee recommended killing the bill.
Under the formula, districts should be reimbursed for 80 percent of a student’s special education costs that total more than 3.5 times the state average cost per pupil. Special education costs that exceed 10 times the state average cost per pupil should be fully reimbursed by the state.
For the 2013 fiscal year, the state average cost per pupil is $13,217.
Winchester taxpayers pay much much more per student than this .. 
But when the state budget doesn’t have enough money to cover all catastrophic aid costs, the law allows the state to prorate, or adjust, the payments proportionately. And that’s been the case more often than not in recent years, local school district business administrators say.
Catastrophic aid funding is based on the preceding year’s costs. For the current school year, catastrophic aid for 1,052 students will total about $79.5 million statewide, according to the N.H. Department of Education. Of those costs, nearly $30 million is eligible to be reimbursed under the catastrophic aid formula. Yet the state will pay about 71.8 percent of those costs, or $21.5 million.
In 2011-12, the state paid 69 percent of the aid districts were entitled to, 77 percent in 2010-11 and 85 percent in 2009-10.
If the law had been in place this year, the state’s catastrophic aid payments would have increased by nearly $2.5 million.
In addition to the 80 percent requirement, the bill also would remove the provision that allows catastrophic aid be prorated.
The bill’s sponsor, state Rep. Rick M. Ladd, R-Haverhill, said in a committee hearing last month that with shrinking funding from the state and payment based on the previous year, districts might be forced to borrow, transfer money from other budget accounts or rely on reserve funds to meet special education costs that the districts are legally mandated to provide.
The purpose of catastrophic aid is to pay special education costs for the state’s most vulnerable students, but each year that the state’s portion is decreased, the financial burden is increasingly transferred to the local taxpayer, he said.
Yet the finance committee does not support the bill, according to a report from last week, because the committee believes that catastrophic aid will be addressed in the House budget, which committee members are working on now before an early April deadline.
State Rep. Susan M. Ford, D-Easton, who spoke for the finance committee last week, said it’s not uncommon for the committee to rule out allocation bills if that money is already included in the budget. If a representative wants to increase that budget line, he or she would have to come to the finance committee and work on the issue, she said.
The House budget, which is still under work, lists catastrophic aid at $21,537,308 for 2014 and $23,537,308 for 2015.
N.H. School Administrative Unit 29 Business Administrator John R. Harper said reliability for school districts is the important issue here. If the state can’t fund catastrophic aid under the current formula, then perhaps the formula should be changed into something the state can afford to pay in full, he said. That way, districts could count on a predictable number each year.
N.H. School Administrative Unit 29 provides top-level administration to the Chesterfield, Harrisville, Marlborough, Marlow, Keene, Nelson and Westmoreland districts.
One special education case could cost more than $300,000, and for a small district with a $2 million budget, that’d be disastrous without state help, said Timothy L. Ruehr, business administrator for the Unit 29 towns.
Being able to count on at least 80 percent of the catastrophic aid districts are entitled to would be significant, and it would reduce some of the guesswork involved in estimating what percentage the state will pay out each year, he said. But what Ruehr would really like to see is the state fully fund catastrophic aid.
“It’s frustrating because the law hasn’t changed, they just prorate and say, ‘This is what we can afford to give you.’ “

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

Judge weighs Dunkin Donuts' future

By Meghan Foley Sentinel Staff

Whether there will be more coffee and doughnuts in Winchester’s future should be known soon.
After a court hearing Monday, a judge is weighing whether to uphold the town planning board’s denial of a proposed combination gas station, convenience store and Dunkin’ Donuts, reverse it or send the matter back to the board.
S.S. Baker’s Realty Co., which has proposed the development at the northeast corner of routes 10 and 78, filed the lawsuit in August, after the Winchester board rejected the plan in July. The company is proposing a roughly 3,600-square-foot, single-story building on about 1.19 acres at 4 Warwick Road (Route 78). The building would include a drive-through for Dunkin’ Donuts.
In its denial of the project, the planning board cited concerns about traffic flow at the intersection if the business were to move in, and that the project would overwhelm the site.
Attorneys for all parties involved in the case advocated that Cheshire County Superior Court Judge John C. Kissinger Jr. make a decision and not remand the case back to the planning board.
Attorney Gary J. Kinyon of Keene, representing S.S. Baker’s Realty, said his client submitted ample evidence to support the approval of the plan, and the board’s denial was improper.
“We ask the court approve the site plan rather than consider a remand to the board. I don’t think it’s necessary because the evidence in support of approval is so overwhelming,” he said.
Attorney Matthew R. Serge of Concord, representing the Winchester Planning Board, disagreed, saying there were competing expert reports about the effect the project would have on safety at the intersection of routes 10, 78 and 119.
One of the reports was a traffic impact study done by Laurie M. Rauseo, a professional traffic engineer, for S.S. Baker’s Realty, which found the new business wouldn’t adversely affect the intersection. The other was a peer review of that study done for Kulick’s Inc., a nearby market and gas station, which questioned some of Rauseo’s findings. The owner of Kulick’s, Stanley S. Plifka Jr., opposes the project.
“In this situation, it’s the plantiff’s burden to offer sufficient evidence that this will be safe. Here the board had a legitimate credible expert report that called that into question, and the board was entitled to rely on that,” Serge said.
He and Attorney Kelly E. Dowd, who represented Kulick’s Inc., asked Kissinger to affirm the planning board’s decision.
“I think you will find the board tried to be very fair and patient throughout the process. There were lots of questions, and lots of information to deal with, as well as personal observations of board members, which they’re allowed to consider in making their decision,” Serge said.
Throughout Monday’s hearing, Kinyon, Serge and Dowd battled over methodology and conclusions of the traffic impact study, the validity of the peer review report of the study, the content of the minutes from the planning board hearings, and the powers of a planning board.
Kinyon said the meeting minutes must be examined carefully to see if there was any adequate basis for the planning board to deny the plan.
“I would suggest to the court there is simply no basis. There are simply vague statements, opinions and unsupported statements peppered throughout the minutes of the meetings that simply say, ‘We think there should be no left turn onto Route 10 south,’” he said.
Dowd said the planning board’s reasoning in rejecting the plan wasn’t vague.
Another area of contention during the hearing was the two driveway permits granted to S.S. Baker’s Realty by the N.H. Department of Transportation. The permits allow for an entrance and an exit to the property from Warwick Road and Route 10.
While Kinyon argued that those permits couldn’t be ignored, Serge and Dowd said the planning board can deny applications based on traffic safety even if the access is to a state highway.
“There is no statement anywhere in (the town’s) regulations that basically says if you get a DOT permit, you’re safe and you’re fine,” Serge said.
Kissinger did not give a time frame for his decision.

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

Winchester residents vote down sewage plant upgrades

By Meghan Foley Sentinel Staff

WINCHESTER — Local officials will have to find another way to move forward with a $1.48 million project to complete upgrades to the town’s sewage treatment plant.
Although a majority voted in favor, voters didn’t give the project’s third and final phase, which also included developing a plan to inspect the sewer collection system, the 60 percent majority it needed to pass. The vote at the polls Tuesday was 284-270.
Upgrades to the roughly 30-year-old plant started in 2010, with the second phase expected to begin in late summer, town officials have said.
The town took over managing the facility in 2008, after its contract with United Water of Auburn expired. At the time, the plant was having numerous mechanical breakdowns.
The first phase of the project included basic repairs to the facility. The second phase was approved at town meeting in March 2009, and required an additional $500,000 after town officials learned the original $3.4 million bond approved at town meeting the year before wasn’t enough.
While the warrant article for the third phase of the project received support from the majority of voters attending the town’s deliberative session on Feb. 2, residents had many questions, including whether the $1.48 million was enough to fund all the work.
Selectmen and the budget committee were also divided over the article, with the selectmen unanimously recommending it, and the budget committee not recommending it by a 6-2 vote.
An article generating controversy at the deliberative session involving the Conant and Thayer public libraries passed at the polls.
Voters decided, 356-197, to establish a committee of seven residents to study the effects of consolidating the libraries. The committee, which will be appointed by the selectmen, will also include a representative from each library.
The article followed years of discussion about whether the town could afford two libraries. Thayer Library trustees came under fire from the selectmen in December for the way in which they amended the library’s bylaws earlier in 2011. Selectmen were especially concerned with one that shifted the responsibilities of caring for the library away from the library director and trustees.
Also at the polls, residents got behind an article establishing an ordinance to make it illegal for animals to run at-large on properties that don’t belong to their owners, by a vote of 358-194.
The selectmen unanimously backed the ordinance, which applies to all domestic animals.
According to the ordinance, residents whose domestic or wild animals escape their care could be fined $50 each time the animals get loose. The owners would also be responsible for expenses for caring for the animals.
The town already has a similar law in place for dogs.
An article to reduce the number of budget committee members at-large from seven to five, plus a representative each from the selectmen and school board, passed, 322-214. A similar proposal to reduce the number to seven, plus a representative each from the selectmen and school board, passed last year.
Residents approved the town’s operating budget of $3,417,661 by a vote of 322-245. The budget is an increase of 11 percent, or $346,074, from the current budget of $3,071,587.
They also backed the sewer department’s budget of $318,361 by a vote of 428-144, and the water department’s budget of $240,042 by a vote of 424-148.
A total of 607 people, or 24 percent of the town’s 2,493 registered voters, cast ballots.
Elections
In a five-way race for two, three-year seats on the board of selectmen, incumbent Theresa G. Sepe won re-election with 384 votes, followed by Herbert “Chan” Stephens, with 305 votes. Falling short were Brian Moser, 153 votes, Jennifer M. Bellan, 128 votes, and John Pasquarelli, 72 votes.
In the three-way race for two, three-year seats on the planning board, Michael Doherty was the top vote-getter with 345 votes, followed by Gustave “Gus” Ruth, with 271. Out of the running was Arthur Charland, with 257 votes.
Elected without opposition: James Tetreault, town clerk/tax collector, three years; Frank J. Amarosa 3rd, Thayer Public Library trustee, one year; Dianne Skawski-Pride and Joan Gratton, Thayer Public Library trustees, three years; Barbara Kelley, Marilyn Baker and Bonnie Leveille, Conant Public Library trustees, three years; Harvey Sieran, Kathleen Hebert and Margaret Curtis, budget committee, three years; Bonnie Leveille, supervisor of the checklist, one year; Theodore Whippie, trustee of trust funds, three years; Thomas MacQuarrie, Musterfield Cemetery Committee, three years.

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