APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

July 8, 2003

APPROVED – August 12, 2003

 

 

CALL TO ORDER

PLEDGE OF ALLEGIANCE

 

PRESENT:

Mr. Harold Lynde, Mr. William McDevitt, Mr. Richard Derby, Mr. Jean-Guy Bergeron

 

Also present:

 

ABSENT:

Mr. Tom Gaydos, Town Administrator, members of the press and general public.

 

Mr. Victor Danevich

              

Chairman Lynde opened the meeting at approximately 6:30 pm. 

 

MINUTES REVIEW

 

June 24, 2003

 

MOTION:

(Bergeron/Derby) To approve the June 24, 2003 meeting minutes as written.

 

VOTE:

 

(4 - 0 - 0) The motion carries.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Anne & Paul Dadak - (Sherburne Road)

 

Mr. Paul and Ms. Anne Dadak of Sherburne Road met with the Selectmen to inform them of a situation that may affect the Town.  Ms. Dadak explained that the Rick Lamarre & Sons company had met with the Hudson Zoning Board of Adjustment and the Hudson Planning Board to discuss the eleven-acre site that Mr. Lamarre would use for container trucks.  She said that Mr. Lamarre was proposing an increase of thirty trips per day of his construction debris container trucks using Sherburne Road, with the potential of over one hundred containers (30-yard capacity) being stored on the current site.  Mr. Dadak noted that Mr. Lamarre’s company currently used Sherburne Road as their access road for Salem NH, Hudson NH, and Tyngsboro MA.  He provided the Board with a copy of the Hudson Planning Board meeting.  At the Hudson meeting Mr. Lamarre’s representative (Maynard & Paquette) said they didn’t understand why Hudson would be upset since the principal route for the trucks was Sherburne Road, going through Pelham to access Salem NH.  Ms. Dadak noted that the Hudson Planning Board denied the plan but did not know if it would be brought back forward.  She said she would inform the Board if the case was appealed.  

 

Ms. Dadak discussed her concern with the addition of thirty large container trucks and pointed out that the current speed limit did not appear to be enforced.  Mr. Dadak believed that Hudson had applied for Federal and State money to improve their traffic conditions because the town was being used as a cut-through.  He pointed out that Pelham was currently being used as a cut-through and wanted to know if any money had been applied for.  He believed that traffic would become worse during the ten-year project to widen Interstate 93.  Mr. Lynde said that Pelham did not have a ‘place holder’ for funds at this time. 

 

Mr. Bergeron said Hudson may have denied Mr. Lamarre’s plan due to a problem with the land, such as a past variance, or current zoning.  It was his observation that several companies used Pelham as a cut-through. 

 

Based on the impact to the Town, Ms. Dadak asked if there was some method to have an impact or communication with Hudson, if the need were to arise.  She said that Hudson was very gracious when hearing concerns, even those who did not reside in the town.  She noted that Hudson said if the plan were to come back before them they would want a noise study, and a traffic study.  She said that Maynard & Paquette were requesting waivers for such studies. 

 

Mr. Dadak said the amount of traffic, or speed on Sherburne Road was not the only issue; the road condition was also a factor.  He said the road occasionally had to be closed due to it being slick.  Mr. Dadak informed that the plan brought before the Hudson Zoning Board was to use the existing building/property, and asked that the front portion of the lot be re-zoned since it was currently considered single-family residential.  He noted however, that the story changed, and got bigger when the plan went before the Hudson Planning Board.  Mr. Dadak said the changes were to build a 5000SF building on a 10,000SF pad.  Mr. McDevitt believed there was a state law regarding developments having regional impacts.  He suggested sending a letter to the Hudson Planning Board saying that Pelham considered the proposed plan to have regional impact.  Mr. Dadak said that he had noticed within the last six to eight months there had been an increase in the amount of Mr. Lamarre’s trucks accessing Sherburne Road.     

 

Ms. Dadak asked if the Town would place an electronic speed monitor sign to inform drivers what the posted speed was, and how fast they were going.  Mr. Lynde said the Police Department had a sign, and was still in the process of trying it out. 

 

The Selectmen asked Mr. and Mrs. Dadak to inform the Board if there were any further developments.  Mr. McDevitt reiterated that a letter should be sent to the Hudson Planning Board. 

 

* see below for additional Appointment

 

OLD BUSINESS

 

Municipal Building

 

Mr. Gaydos informed that the Municipal Building project was nearing the end.  He said the final punch list was being reviewed.  He said there was some correspondence between Breadloaf and the Town regarding certain concepts that the Town wanted in writing.  He said the wiring was installed and worked, but needed to be configured.  He said the inside communications wiring was being installed and the main communication wiring between the municipal complex and the Fire Station was about to be installed. 

 

Mr. McDevitt said there had been some feedback regarding the front of the Old Sherburne School being too large and too white.  He said that the architect suggested it may be possible to plant shrubs.  He said he would like to bring a proposal to the Board at the next meeting.  There was no objection.  Mr. Gaydos asked that an alternative be considered; a manufactured material, stone like in appearance, which would have no maintenance.

 

Mr. McDevitt asked that an agenda item be added to an upcoming agenda that addressed storage of Town items, such as celebration signs and certain decorations that adorned the Town common during the holidays.  He said the usage of the current Town Hall should also be addressed.  Mr. Lynde suggested that the Selectmen discuss the Town Hall at the next meeting and review the options.  

 

Mr. Lynde asked if there was a provision at the new Town Hall for meeting postings.  Mr. Gaydos said there was space available on the outside of the Municipal Building and possibly space inside the new Library. 

 

APPOINTMENTS CON’T 

 

Junkyard Permits

 

Mr. Bergeron stepped down.

 

Mr. Gaydos informed that Building Inspector/Code Enforcement Officer Roland Soucy and Fire Chief David Fisher had reviewed the junkyard permit applications. 

 

Jean Guy’s Used Cars & Parts, Inc. - Mr. Gaydos said that the inspection report noted that Mr. Bergeron was in compliance and there had been no expansion of the property and from the state’s point of view there was compliance with the ongoing requirements. 

 

Mr. McDevitt asked if the posting requirements for the meeting had been complied with.  Mr. Gaydos said the meeting had been advertised. 

 

Mr. McDevitt said he appreciated the quarterly reports submitted during the past year and felt that due to progress being made the stipulation for quarterly reports not be imposed this year. 

 

Mr. Lynde asked what steps were required by the state and wanted to know the progress.  Mr. Bergeron said he had been working with the state and was on track.  He said a company had been hired to finalize the EPA testing.  He said the first test would be done in the fall.  He noted that the DES had requested some type of a pond, to which a plan had been submitted, and response was being awaited. 

 

There was no public input. 

 

Mr. Derby noted that if compliance did not happen, the Town would have the opportunity to rescind the license. 

 

MOTION:

(McDevitt/Derby) To issue a Junkyard License to Jean Guy’s Used Cars & Parts Inc., effective April 1, 2003, and expiring March 31, 2004.

 

VOTE:

 

(3 - 0 - 1) The motion carries.  Mr. Bergeron stepped down.

 

Jack Mansur - Mr. Gaydos said the Town had to acknowledge that Mr. Mansur was incompliance with the consent decree.  He noted that Building Inspector/Code Enforcement Officer Roland Soucy considered the consent decree when reviewing the site and noted his belief that Mr. Mansur was in compliance.  Mr. Soucy noted that he spoke with Health Inspector Paul Zarnowski who had reviewed Mr. Bergeron’s and Mr. Mansur’s sites and said that everything was in order.

 

MOTION:

() To issue a Junkyard License to Jack Mansur, effective April 1, 2003, and expiring March 31, 2004.  

 

VOTE:

 

(3 - 0 - 1) The motion carries.  Mr. Bergeron stepped down.  

 

Mr. Gaydos said he would like to have the sites inspected (visually) in the late fall.  Mr. Mansur agreed with having the inspections performed in the fall.

 

Mr. David Hennessey, Dutton Road requested that the water tests be performed in the spring, when the water levels were high.  Mr. Gaydos said that the normal testing would continue to be done in the spring, but said that viewing a site in the fall with no snow cover, was desirable.  Mr. Lynde agreed with viewing the sites in the fall, but felt that the Town should not be precluded from also reviewing the sites in the spring. 

 

Mr. Lynde asked the status of setting the boundary line at the Coombs junkyard.  Mr. Gaydos said that the Town was working with Maynard & Paquette, who had been on the site and completed their field work.  He said he had contacted the company, but was unsuccessful with moving the date up for completion. 

 

Mr. Jack Mansur said there seemed to be an issue regarding the sale of parts in connection with his business.  He said the understanding he had with Mr. Soucy was that he would not advertise, display, or have the general public purchase parts.  He said the ‘sticky’ point in the consent decree was that technically he could not sell retail parts, but he wanted it understood by the Board that once he dismantled a car, the remaining parts were being sold to junkyards.  Mr. Lynde’s impression was that a junkyard license was needed, but that it was restricted to the stipulations contained in the consent decree.  Mr. Soucy said there was a note on the document that was signed by the Town so that the Dealer Desk was aware of the stipulation that Mr. Mansur could not sell retail parts.  He said Mr. Mansur was able to dispose of remaining parts once a car was dismantled under the junkyard license, but reiterated that remaining parts were not allowed to be sold through retail means. 

 

Mr. Bergeron addressed the Board as a resident.  He discussed the time period that the junkyard ordinance was created.  He said he was present when Mr. Mansur’s application came up and at the time asked if a full license had been issued.  He said he was told that a full license had not been issued, but that the same forms were being used to have all the information on record.  He also said at the time he had asked that the Board announce that a full license had not been issued, but that a consent decree had been granted by the Town.  Mr. Bergeron asked that the Selectmen review the consent decree because it was his belief that it stipulated that no parts could be sold.  He noted his believed that the applicant had applied for a recycler’s registration, which was normally a registration for a full recycler that sold parts.  He did not understand why someone would be issued a license if they were not allowed to sell parts.  He felt that the consent decree should be followed since the Board and applicant had agreed to and signed the document. 

 

Mr. Mansur said that he was not trying to expand, or change the use of his business.  He said his understanding with Mr. Soucy was that he couldn’t sell parts without having a license, which was the reason for having the license, but the consent decree limited what he could do.  He said the understanding was that his business would never turn into a retail business since it was in a residential area.  Mr. Mansur said the technicality was that after dismantling a vehicle for parts, what remained of the vehicle was being sold back to junkyards.  He then read a portion of the Code of Ethics from the Auto Recyclers Association which stated that every reasonable effort would be made to market, rather than scrap, every re-usable parts to achieve for the community maximum energy and saving benefits.  He said the DES would be adopting the document as part of a new program.  He said he was trying to fit into the neighborhood and do what was expected of him by the DES and the Town.  Mr. Mansur reiterated that he had no intention of expanding, or selling retail parts.  He discussed his reasons for needing a license and noted if an individual came to his door to purchase a part, he was not technically allowed to sell the part. 

 

Mr. McDevitt noted that what was being referenced as a consent decree was actually an agreement reached between the Board and Mr. Mansur of what could, and could not be done on the property.  He said if there was something in the agreement that was continually confusing and Mr. Mansur felt he had to continually clarified it, the point should be clarified.  He strongly suggested that Mr. Mansur bring the paragraph, or sentence back to the Board for clarification.  Mr. Lynde suggested adding an agenda item for mid-September for clarification. 

 

Mr. Bergeron said a statement had been made that Mr. Mansur had a license from the state and the Town, which he clarified and noted that Mr. Mansur had an agreement with the Town, and a registration with the state. 

 

Mr. McDevitt asked the status of the Gendron application.  Mr. Gaydos said that the application was still being researched. 

 

Mr. Bergeron returned to the Board.  

 

DISCUSSION

 

Mr. Lynde noted that the Selectmen would hold a meeting July 15, 2003 regarding air control at Manchester Airport.  He gave a brief summary of what would be discussed at the meeting. 

 

Mr. Lynde said that he saw an article regarding a project to plant disease resistant Elm trees organized by a group in Keene, NH.  He said the Town may want to consider purchasing some of the trees. 

 

Mr. Lynde said the Selectmen should discuss the Technology plan to standardize the computer system.  

 

NEW BUSINESS

 

None.

 

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORTS

 

Mr. Gaydos said there was an open file for the Planning Director applications that the Selectmen could review. 

 

Mr. Bergeron said that he attended a Regional Water District meeting on June 26th and the next meeting was scheduled for July 10th.  He thanked Mr. Gaydos for bringing him through the Municipal Complex and noted that it appeared to be nearly complete.  He said that Police Chief Haglund brought him through the Police Department which he found impressive. 

 

Mr. Derby said because he had received phone calls regarding the new intersection at Cara Way and Currier Road he reviewed the site.  He then noted that the Highway Department was in the process of crack sealing and cutting brush. 

 

Mr. McDevitt extended a thank you to the Pelham Community Spirit who sponsored the July 4th celebration and pointed out that it was a volunteer organization.  He then thanked the organizations that had made generous contributions.  Mr. McDevitt said that a letter had been received by Firefighter Richard Hanegan informing that sixteen residents had received their CERT training and had been registered with the Department of Homeland Security.  Firefighter Hanegan requested that the CERT team members work with Fire Chief Fisher and be allowed to go on some calls for further training.  There was no objection by the Selectmen. 

 

Mr. Lynde informed that the Planning Board met July 7, 2003.  He reviewed the agenda and what was discussed specifically proposed lighting at Muldoon Park.  After a brief discussion regarding the proposed lighting, Mr. Gaydos was requested to post a public hearing as well as the acceptance of a gift.  Mr. Lynde said the Town had been noticed regarding two items on the Zoning Board of Adjustment’s agenda.  The question was raised whether the Town should file an appearance.  Mr. McDevitt suggested submitting a brief letter to the Zoning Board of Adjustment noting any concerns.  Mr. Lynde said Mr. Danevich should know that there was some concern with the building becoming something marketably different than its past use.  Mr. Lynde said that he had signed a document from the National Parks Service, which would further the Town to receive a $46,500 grant for Raymond Park.  Mr. William Hayes was thanked for his work in researching and obtaining the grant.  Mr. Lynde ended by discussing his pride with his son Michael’s military service.  He said that Michael was in the Army Special Forces in which he had served six months in Afghanistan and two months in Iraq.  He said Michael was awarded a Bronze Star for his service in Afghanistan and had been recommended for a Bronze Star for his service in Iraq, along with Air Service metals. 

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(Derby/Bergeron) Request for a non-public session per RSA 91-A:3,II, e (Consideration or negotiation of pending claims or litigation)

 

ROLL CALL:

 

Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes

 

Mr. Lynde noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting.  The Board entered into a non-public session at approximately 8:15 pm.  Also present was Mr. Gaydos.

 

The Board returned to public session at approximately      pm.

 

MOTION:

 

(    ) To seal the minutes of the non-public session indefinitely.

 

VOTE:

 

(      ) The motion carries.

 

ADJOURNMENT

 

MOTION:

(   ) To adjourn the meeting.

 

VOTE:

 

(       ) The motion carries. 

 

The meeting was adjourned at approximately      pm.

                                                                                          Respectfully submitted,

 

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary