BOS Minutes 08-17-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

August 17, 2004

APPROVED – August 24, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Jean-= Guy Bergeron, Mr. Richard Derby, Mr. Harold Lynde (arrived after the meeting commenced), Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None.

&nbs= p;

The Chairman, William McDevitt, opened the meeting at approximately 6:30 pm.

MINUTES RE= VIEW

August 10, 2004

MOTION:<= o:p>

(Derby/Bergeron) To approve the August 10, 2004 meeting m= inutes as written with the inclusion of the Hiring Policy adopted.

VOTE:

(4-0-0) The motion carri= ed.

OPEN FORUM=

None.

ANNOUNCEME= NT

Mr. McDevitt informed that the Department of Environme= ntal Services would hold a public information meeting in Town during September, 2004; the specific subject would be the MtBE pollution in the Marsh Road area. The date, time and plac= e are still to be determined.

APPOINTMEN= T(S)

Coombs Jun= kyard Application

Mr. McDevitt said the Town had received an application= from Coombs Used Auto Parts for a Junkyard or Automobile Recycling Facility License. The Town regulations require public discussion on all junkyard applications. Mr. McDevitt didn’t expect t= hat the Selectmen would vote until next week providing a period of time for pub= lic comment.

Mr. Bergeron recused himself.

Ms. Paula Morse (Coombs’ oldest daughter) and her brother Mr. Norman Coombs met with the Selectmen to review the Coombs Junky= ard application.

Mr. McDevitt asked if the inspections had been completed. Mr. Gaydos said the ordinance indicated that there was to be some fencing/berm to protect any neighbors from the sight of the facility.&= nbsp; He noted that a couple of the sides of the property were wooded and = one open side that is shared by the Town that did not have a fence, or a berm.<= span style=3D'mso-spacerun:yes'> Additionally, there were some vehi= cles that were stored outside the fenced area along Mammoth Road.

Ms. Morse said there was a dispute with the property boundaries and had no problem installing a fence, but felt it was premature until the boundary lines were resolved; they were awaiting a second opinion verification of such lines. M= r. McDevitt asked if they were aware that the Town paid to have the property l= ine between the Coombs property and the Town property surveyed. Markers were placed on the boundar= y to show the property line and a certified plan was placed on file. Ms. Morse said they had paid $6500= for boundaries that no one would certify. She reiterated that they had no problem installing a fence, but disp= uted where the property boundaries were. She discussed the problems they had with the plot plan. Ms. Morse said in accordance to the letter sent to her father, they had letters indicating where/how tires, oil, anti-freeze and gasoline were stored and were in the process of completing an application for the National Pollution Discharge Elimination System Permit. She was hopeful that the Selectmen= would see that they were trying to comply with everything being asked of them.

Mr. McDevitt pointed out that the Town’s regulat= ions called for vehicles and parts stored or deposited by the applicant, shall be kept within the enclosure of the junkyard.= He said all the cars parked in the front need to be behind the fence. Ms. Morse said a major= ity of the cars in the front belonged to her sister. She explained the process of vehic= les being dropped off sometimes at night which were taken to the back. Mr. McDevitt asked if the cars bel= onging to Ms. Morse’s sister were registered. Ms. Morse answered yes.

Mr. McDevitt said there were two concerns: 1) boundary= ; and 2) ensure there is currently no pollution and that standards are adhered to= so pollution didn’t occur in the future. He said Department of Environmental Services had a program (Preventative Solutions) that outlined preventative actions that could be taken. =

Mr. Lynde said that boundary markers had been placed b= y the surveyors and noticed that some material belonging to the junkyard had been placed over the line. He said= he discussed an option with a member of the Coombs family, which was to move t= he front fence forward a bit. Ms. Morse said they had discussed the idea with their father, who questioned wh= ere snow would be placed in the winter. Mr. Coombs asked how close the fence could be moved to the street. Mr. Lynde said the Planning Depart= ment may be able to provide additional information about what the limitation were. Mr. McDevitt said there= was also a state law governing fences on highways. Mr. Derby believed the application stipulated one hundred feet from the road.= Ms. Morse will discuss further with Mr. D’Andrea.

Ms. Morse provided Mr. Gaydos with copies of the lette= rs indicating storage on the facility.

Mr. Bergeron returned to the Board.

OTHER BUSI= NESS

Appeal of Enforcement Decision

Mr. McDevitt said that the Selectmen had received a le= tter from Michael and Debra Corrigan (David Drive) requesting assistance with a zoning enforcement issue dealing with their neighbor (Frank and Linda Monroe of David Drive= ). The letter indicated that they were informed by the Planning Director Mr. Will D’Andrea that he would not enforce a zoning violation by their neighbor because of a mistake made by t= he Planning Department. Mr. Corr= igan wrote that Mr. Monroe built a shed in excess of eight feet (8ft.) in height that was located approximately three feet (3ft.) from the property line. He also wrote that Mr. D’And= rea had admitted the mistake his office made when providing false information to Mr. Monroe telling him a building permit was not required for a shed less t= hat 100SF in size with no mention of the eight foot (8ft.) height limit. Mr. Corrigan believed the shed in question detracted from the value of his property and sought the Selectmen’s help and guidance prior to considering legal representation. He asked that= the zoning ordinance be enforced as written.&n= bsp; Mr. McDevitt summarized the recommendation submitted by Mr. D’Andrea, who didn’t contest the fact that the regulation was n= ot followed in this regard, but stated that it had been the practice of the Planning Department (up to a few months ago) to not require building permits for sheds less than 100SF without regard to how high they were. The ordinance says if a shed is le= ss than 100SF and less than eight feet (8ft.) in height, the setbacks are not applicable; a building permit is still required, even if the setbacks aren’t applicable. The practice of the department was to apply only the area criteria of this sect= ion. It was Mr. D’Andrea’s opinion that given the fact that the office had routinely informed people t= hat permits were not required and that setbacks were not applicable; and given = that Mr. Monroe was refused a permit from the Planning Office – Mr. D̵= 7;Andrea’s recommendation was to not take further action against Mr. Monroe.

The letter submitted by Mr. & Mrs. Corrigan indica= ted that the remedy was to enforce the regulation and have Mr. Monroe relocate = his shed at least fifteen feet (15ft.) from the property line.

The questioned was raised what the Planning Department= would do now. Mr. D’Andrea sa= id now that the Planning Department had a clear reading of the ordinance, from this point forward, they would require both building permits and making applicat= ion for the eight foot (8ft.) height requirement.

Mr. Bergeron questioned if the shed could be moved awa= y from the property line and front view of the neighbor’s home.

Mr. Danevich felt the ordinance should be followed. He supported asking the owner of t= he shed to comply with a fifteen foot (15ft.) setback requirement and ask that they pay the $25 fee for a building permit. He was hopeful that the two reside= nts could work out their dispute.

Mr. Lynde questioned how it could be required that the= shed be moved if sheds less than 100SF and less that eight feet were exempt from setback requirements. Mr. D’Andrea said it was alleged that the shed was in excess of eight feet and would be required to comply with setbacks.

Mr. Bergeron noted that the owner of the shed original= ly was willing to purchase the building permit and was told he didn’t have to. He was hopeful that the situation could be resolved without litigation. He said he would ask the owners to= start over and do as the ordinance states.

Mr. Gaydos understood the wrong information had been inadvertently been given out for quite some time and that there were quite a few sheds around Town that were erected in error. He said the decision had to be made whether or not to move forward from this point.

Mr. Derby said he saw the building and didn’t fe= el it was an eyesore. He believed t= he Town should move forward henceforth.

Mr. Lynde felt Mr. D’Andrea had taken corrective action and the Planning Board should be handling the situation.

Mr. McDevitt felt the Selectmen should take a position= and contact the people. Mr. Lynde= asked if this was the only issue. M= r. D’Andrea said he was aware that there was a boundary dispute as well = as broader neighbor issues.

There was a discussion regarding how to proceed. Mr. Bergeron strongly felt the ordinances should be followed and enforced. He made a motion to enforce the zo= ning ordinance. Mr. Danevich secon= ded the motion. Mr. Lynde questio= ned what the intent to enforce the ordinance; starting today (plus Mr. Monroe),= or enforce the ordinance on everyone to ensure that setback requirements are m= et for all sheds in excess of eight feet.&nbs= p; Mr. Bergeron felt the zoning ordinance should be enforced as written. There was further discussion regarding the intent of the motion. It was not stipulated that others = before Mr. Monroe would be required to comply with the ordinance. Mr. McDevitt believed the intent o= f the motion was to contact the gentleman and ask that he come into compliance wi= th the ordinance. Mr. Bergeron s= aid his motion was for this case and if any other cases come forward the Select= men would deal with them.

MOTION:=

(Bergeron/Danevich) To enforce the Zoning Ordinance.=

VOTE:

(3-2-0) The motion carried. Mr. McD= evitt and Mr. Lynde voted no.

Mr. McDevitt confirmed with Mr. D’Andrea that th= e man (Mr. Monroe) would be contacted and asked to bring the shed into compliance.

Review of = Transfer Station Budget

Mr. McDevitt said a memo had been received from Transf= er Station Superintendent Bruce Mason regarding two areas that needed to be addressed when the budget was being presented: 1) trash disposal/hauling to= be reduced in 2005 to $43,725 (2004 was $47,300); and 2) trash tipping fee to = be increased in 2005 to $212,160 (2004 was $205,660).

Mr. Derby felt it was in the best interest of the Town= and Transfer Station to update the figures.&nb= sp; Mr. Danevich agreed. I= t was decided to use the updated figures. Mr. Gaydos was asked to update the budget sheet prior to the Selectm= en vote regarding the Transfer Station budget.

Mr. McDevitt said based upon a previous discussion Mr.= Mason had with the Selectmen regarding household construction and demolition debris. Mr. Mason recommended= that $9300 be added as a new expense for disposal of such debris. The new bottom line figure would b= e $323,477. Mr. Gaydos was asked to correct th= e sheet. Mr. McDevitt said there still need= ed to be a discussion regarding the control of the debris, which would happen at a later date.

Budget Rev= iew

Planning Boar= d – Town Meeting appropriat= ion for 2004 was $13,720. The req= uest for 2005 $14,481.

Planning Depa= rtment – Town Meeting appropriation for 2004 was $184,145. The request for 2005 $234,894. Mr. D’Andrea provided a back= ground as to what was happening in the department; at the time he was hired he was asked to make some assessments of the operation and what improvements could= be made to provide higher levels of service to the public. He discussed what changes had been= made in the department. He propose= d two positions in the budget: 1) new position (Planning Clerk); and 2) a restructuring of three part-time positions (building, code and electrical inspector), which would relive the current fire/code enforcement officer position. Mr. D’Andrea = also recommended that GIS be included in the budget and went on to explain how it would benefit the Town and various departments.

Zoning Board = of Adjustment – Town Meeting appropriation for 2004 was $3185. The request for 2005 $3466.

Legal –= Town Meeting appropriation for 2004 was $75,000. The request for 2005 $85,000.

Town Buildings – Town Meeting appropriation for 2004 was $283,922. The request for 2005 $384,570.

Town Celebrat= ions and Conservation Commission budgets were deferred to a subsequent meeting. =

Funding Revaluation of Town Property at $560,000

Mr. McDevitt said at the 2004 Town Meeting, the voters didn’t pass the warrant article to raise the necessary funds for a revaluation. He said if the T= own didn’t fund its own revaluation, the state would require a revaluatio= n; there would be no local control and the state would mail a bill that would = have to be paid. The Selectmen dis= cussed the options for how this would be presented to the voters. The Selectmen will review further.=

September = 15 Selectmen’s Meeting Discussion

Mr. McDevitt noted that the primary would be held September 14, 2004 and asked that the Selectmen ‘pencil’ in September 15, 2004 for a Selectmen mee= ting, if needed.

Dispositio= n of Annex and Funding in Town= Building Account

Mr. Gaydos said nothing had been done to upgrade the A= nnex facility where PTV operates. = He believed a decision should be made to accommodate PTV and said (after discussing the situation with Mr. Jim Greenwood) if a modest investment were made the Annex space could be used for a year or two before a decision would need to be made.

Mr. Bergeron believed that PTV may be better served at= the Municipal Building and because of parking constraints, the Annex might be a better location for storage. He felt the studio should be revie= wed if it was to remain at the Annex.

There were no other comments.

Use of Lyons Park – August 1= 8, 2004 for Movie Night

Mr. McDevitt said a request was received for the use o= f Lyons Park for Movie Night on August 18, 2004 sponsored by the Police Relief Association.

MOTION:=

(Danevich/Bergeron) To grant use of Lyons Park on August 18, = 2004 for Movie Night.

VOTE:

(5-0-0) The motion carried.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos, Mr. Bergeron, Mr. Derby and Mr. Danevich h= ad no reports.

Mr. Lynde informed that the Fire Station Building Comm= ittee held their first meeting; the members decided to create three subcommittees= : 1) look at conceptual requirements of a central fire station and substations; = 2) review numbers to determine what the needs will be in terms of personnel, projected population and their location, review possible sites; and 3) information from NRPC that would support findings. The Committee was hopeful to have = concrete information by November, 2004.

Mr. McDevitt reported that he and Mr. Gaydos went to D= ES; a public session would be held to discuss actions, plans, solutions and quest= ions on MtBE issues in the Mars= h Road area. He said there was also a brief discussion regarding the extension of water lines into that area; when there is something of substance on the issue, the Selectmen will report it. Mr. McDevitt also reporte= d that he and Mr. Bergeron had a discussion with Mr. Steve Williams of NRPC and ha= d further discussions about solutions for Pelham Center that would be discussed at a subsequent Selectmen meeting.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Lynde/Danevich) Request for a non-public session pe= r RSA 91-A:3,II, a (Personnel)

ROLL CALL:<= /b>

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

Mr. McDevitt noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept to seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 9:= 34 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 9:41 pm.

MOTION:=

(Danevich/Bergeron) To seal the minutes of the non-p= ublic session indefinitely.

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Danevich/Bergeron) To adjourn the meeting.

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 9:41 pm.

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Respe= ctfully submitted,

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; Charity A. L. Willis

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Recor= ding Secretary