BOS Minutes 09-21-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

September 21, 2004

APPROVED – October 5, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Jean-= Guy Bergeron, Mr. Richard Derby, Mr. Harold Lynde, 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 6:30pm.

MINUTES RE= VIEW

September 7, 2004

MOTION:<= o:p>

(Bergeron/Derby) To approve the September 7, 2004 meeting mi= nutes as written.

VOTE:

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

OPEN FORUM=

Mr. Tim Fraize residing on the corner of Noella Avenue and Honey Lane, came forward and questi= oned the progress of the work to be done on Honey Lane. Mr. McDevitt said the Selectmen had= an agenda item to discuss the subject. Mr. Gaydos said unfortunately an agreement could not be made with Mr. Mahoney and the Planning Board had reduced/revoked bonds on two different r= oads on Irene Drive and Honey Lane/Robin Road<= /st1:address>; the next step is to deal with the pending items. He said the Selectmen had to discu= ss further. Mr. McDevitt said th= at a draft agreement had been reached (and was acceptable by both parties), howe= ver, for reasons not under the Selectmen’s control the ‘wheels fell off’. Mr. Gaydos said t= he Selectmen had to decide whether or not they would use the bid process due to all the work that had already been done.&n= bsp;

APPOINTMEN= T(S)

Svetlana Beloritsky, Zoning Board of Adjustment Interview

Mr. McDevitt recused himself because during the last m= eeting he spoke on a matter that was under consideration and was still under the 20-day appeal timeframe. Mr. Danevich took over as Chairman.

Ms. Svetlana Beloritsky, Marsh Road, met with the Selectmen = to discuss her reasons for seeking full-time membership on the Zoning Board of Adjustm= ent (‘ZBA’). She beli= eved that she added diversity to the ZBA and enjoyed being a part of the community. It was noted that = Mr. Beloritsky had attended all the meetings and had been acting in a voting capacity for approximately one year.

Mr. Lynde asked how a case would be dealt with if it didn’t meet all the criteria. Ms. Beloritsky said if a case didn’t meet all the criteria it would be turned down, per the law. She said neighbor participation was helpful so that the ‘entire story’ is heard.

Mr. Bergeron asked if Mr. Beloritsky thought it was pr= oper for an applicant to contact a ZBA member prior to a meeting. Ms. Beloritsky said she knew very = few people in Town and believed there wouldn’t be a problem as long as the ZBA member remained impartial. Mr. Bergeron asked if decisions would be made based upon what happened in the meetings. Ms. Beloritsky answ= ered yes. Mr. Bergeron asked if Ms. Beloritsky had learned anything in the past year. Ms. Beloritsky said she had learne= d a lot about the law in the past year.

MOTION:=

(Lynde/Derby) To appoint Ms. Svetlana Belorisky as a permanent member of the Zoning Board of Adjustment effective as of April 1, 2004 = expiring April 1, 2007.=

VOTE:

(4-0-0) The motion carried.

Mr. McDevitt returned to the Board and his position as Chairman.

VFW – Building Discussion

John H. Hargreaves Memorial Post 10722 Commander Charl= ie Mooskian, 111 Currier Road= and John H. Hargreaves Memorial Post 10722 Quarter Master Dave Ouellette17 Pinewood Circle met with the Selectmen to discuss the status of the old Town Hall. Mr. Mooskian said that = the voters who had approved the donation of the old Town Hall building had been questioning why the VFW didn’t own it yet. He said his response has been that= the VFW was asked to go to the Zoning Board of Adjustment and the Planning Boar= d; the voters have replied that they did not vote on restrictions to the donation. He said one of the = major concerns was the maintenance of the building, which didn’t appear to = be happening. He said the VFW ha= d been working with an engineering firm regarding a site plan. He said certain items that had been moved to the building had been disturbed, such as their Charter and their Station. In closing, Mr. Moos= kian said they had come before the Selectmen at the request of the voters to find out why the VFW didn’t own the building yet.

Mr. Bergeron didn’t think that the delay was any= thing that the Board had done, but believed there were some things that had to be done so the transaction was done properly.=

Mr. Danevich also didn’t feel that the Selectmen= had slowed the process down. He s= aid the Selectmen were bound by the state laws to follow the procedures that the VFW had not completed: 1) RSA 674-54 definition of governmental use; 2) Town’s zoning - Section 307-18 permitted uses in a residential area a= nd 72-23(a) need for Zoning Board of Adjustment review; 3) 248-50 change of occupancy (also per RSA 674-54). He felt it was clear that the VFW had to seek a Special Exception for change of use by the Zoning Board of Adjustment as well as site development approval = by the Planning Board.

Mr. Mooskian said the VFW was asking for the donation = of the building, not the use.

Mr. McDevitt said the dilemma the Selectmen had was according to the Zoning and Planning Regulations, the building could be tur= ned over tonight, but tomorrow the VFW would not be able to use the building for anything (not even meetings) and it would sit unused until such time as the Zoning and Planning approvals were obtained. Mr. Mooskian said it was understoo= d and reiterated that the voters wanted the building turned over to the VFW.

Mr. Lynde said there would be a dilemma because the VF= W was months away from obtaining approvals. He said since Town Meeting a group (C.E.R.T.) had come forward to use the building and help maintain it, which was a benefit to all. He wondered if the voters would ha= ve wanted the dilemma. Mr. Moosk= ian said he was getting mixed reviews about the C.E.R.T. program; some were concerned that what they voted for was not happening. He agreed that there would be a di= lemma if the building were donated and then issued a cease and desist, but owed t= he voters and his comrades to come forward and request the donation.

After further discussion, Mr. Danevich asked if the VFW wanted to take ownership of the building and responsibility of the maintena= nce and upkeep without the determination that they would ever be able to use the building. Mr. Mooskian answer= ed yes; he believed that the VFW would be able to use the building because they could meet the exemptions.

Mr. McDevitt said transfer of ownership may constitute= a change of use. He said the VFW didn’t have to own the building to go through the process with the Zo= ning Board of Adjustment or the Planning Board.= He also didn’t feel that it was the intent of the Selectmen to allow further use of the building by other groups. It was his belief that C.E.R.T. wa= s a benefit since they would bring money in to pay for the heating and the electricity. He believed the Selectmen understood the vote at Town Meeting and intended to follow it; th= ey also intended to follow the Zoning and Planning Regulations.

There was further discussion regarding the request. There was an agreement by the Sele= ctmen that the VFW needed to go before the Zoning Board of Adjustment and the Planning Board.

OTHER BUSI= NESS

Open Posit= ion – Trustees of the Trust Funds

It was announced that there is an open position for the Trustee of the Trust Funds. I= t was also noted that there were open positions on the Zoning Board of Adjustment= and the Conservation Commission. = If anyone is interested in the positions they should contact the SelectmenR= 17;s office.

Robin Road= & Honey Lane, Construction Progress

Mr. Gaydos said that the Planning Board had revoked the bonds in an amount they felt was sufficient not only for construction, but = also the oversight of the work. It= was believed that the work would cost approximately $35,000, which would require bids, not just a price for work. Because of the size of the job, it wasn’t attractive to most (= they were already booked until the end of the year). He said some portions of the work TFMoran laid out in the original agreement with Mr. Mahoney (and not part of the original bond agreement).

Mr. Bergeron questioned where the funds were to pay fo= r the work until the bond money was obtained.&nb= sp; Mr. Gaydos believed there was sufficient money in the Highway accoun= t to do the work and be repaid. He= asked what process would be taken to find someone to do the work. Mr. Gaydos said he was seeking dir= ection from the Board.

Mr. Lynde asked if the plan drawn up by TFMoran was do= ne in coordination with the engineer representing Mr. Mahoney. Mr. Gaydos answered yes. Mr. Lynde asked if the plan was ag= reed to by Mr. Mahoney’s representative.&= nbsp; Mr. Gaydos said it was not agreed to by Mr. Mahoney; the representat= ive had negotiated on behalf of his client.&nb= sp; Mr. Lynde questioned why everything needed could not be collected. Mr. Gaydos noted that the bond was= not a cash bond, but rather an insurance bond.&n= bsp;

There was further discussion and a consensus by the Selectmen to have Mr. Gaydos obtain additional quotes and proceed on the ba= sis of the lowest quote that met the specifications. It was also noted that the work ha= d to be done. Mr. Gaydos said they= were looking to have the work done this year.&n= bsp; Mr. McDevitt asked Mr. Gaydos to inform the Selectmen at the next meeting who would likely do the work.

Mr. Fraize asked what the cut-off date was to have the= hot top done. Mr. Danevich said it depended upon the weather, but generally the cut-off is November 1^{st. Mr. Gaydos said they would make ev=
ery
effort to get the work done this year.&nbs=
p;}

Pelham Cente= r

Mr. McDevitt said the Selectmen had allowed him and Mr. Bergeron to meet with DOT Commissioner Carol Murray; one of her strong recommendations was to try local solutions regarding the Town center traffic since the money for Pelha= m Center was not in t= he state’s 10-year plan. M= r. Bergeron and Mr. McDevitt walked around the Town center and laid out a rough idea for changes that could be made. Mr. McDevitt reviewed a sketch of the Town Center and the possible re-routing of traffic to ease some of the intersections. It was noted that NRPC would put t= he information into their computer and provide traffic cue information.

Mr. Bergeron suggested that a small budget ($2000) be = put aside to advertise any changes.

Campbell, = Gaston, Methuen & Andover Street update

Mr. Gaydos said he had spoken with several residents i= n the area and presented with a letter from Mr. Lance Ouellette, President Campbe= ll Grove Association, which outlined the request of what they would like done.= He felt it was important to bring t= he letter to the Safety Committee for feedback and review by the association members.

Permanent = Polling Location Discussion

Mr. McDevitt said a letter had been received from the = New Hampshire Department of Justice relative to the disability issues at the polling place. He discussed t= he things that had changed during the last vote and said there had been a suggesting for the Selectmen to review alternate polling places. He recommended the formation of a committee to review. There was further discussion regarding the formation of a committee and what areas we= re to be reviewed (i.e. Municipal Building) and it was agreed that Mr. McDevit= t, Mr. Derby, Mr. Gaydos, Town Moderator and a representative of the School Bo= ard.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos provided a progress update on the work at S= pring Street. He reported the proce= ss had begun to remove the storage/furniture from the basement of the old Town Hal= l so that departments could go through and then an auction could take place for = the remaining items. He said there would be a meeting in a couple weeks with the Rockingham Transport.

Mr. Bergeron said prior to the Council on Aging meetin= g on September 9, 2004 he presented (on behalf of the Selectmen) a proclamation to Mr. Eugene Titcomb, Jr. for the many accomplishments and contributions to the Town. He then informed that he attended a meeting of the Merrimack Valley Regional Water District (MVRWD) on September 16, 2004 with the Fire Chief. He said the MVRWD= also met with the Nashua Aldermen to discuss how the RFP’s were being put together because eleven companies have shown an interest in running the wat= er district.

Mr. Derby reported that the Budget Committee had begun= the formal budget review process.

Mr. Danevich reviewed the items discussed at the Plann= ing Board meeting; specifically the legislative changes that have occurred and would affect the Town.

Mr. Lynde informed that the Park & Recreation Advi= sory Board held a meeting in which the brush hog (that was taken out of the budg= et) was discussed; there was concern that it be placed in the budget and noted = that it was not the type of equipment the Highway Department could use. There was a member who believed he= may be able to have half the purchase money donated. He noted that the over thirty bask= etball program was dropped. He said a question came up regarding Raymond Park soccer fields and the $46,000 grant= (a copy of which may not be available in Town Hall). He said he would like to see a pro= cess developed so that the Selectmen would be able to review every grant before = it was made, which would also help track the grants. Mr. McDevitt said an agenda item w= ould be added.

Mr. McDevitt said the Park & Recreation Department= was seeking assistance installing No Hunting signs in the three Town Parks (designated for no hunting). = Anyone interested should contact either the Park & Recreation Department, or t= he Selectmen.

APPOINTMEN= TS CON’T….

Waiver of = Article K

The Selectmen convened as the Board of Health; Board of Health Chairman Paul Zarnowski called the meeting to order. A Waiver of Article K, Section 295= -16 was being requested by Mr. Thomas Limerick of 61 South Shore Drive (Map 31 Lot 11-258). Mr. Zarnowski review= ed the requested waivers: 1) setback to group V soils Town-74ft/DES 50ft./request 45ft.; 2) leach bed to the pond – Town 125ft/DES 75ft/ request 100ft; 3)setback to private on-site well - Town 75ft/DES75ft/request 50ft; 4) waterline – Town 25ft/DES 25ft/request 12ft.

Mr. Joe Maynard of Benchmark Engineering, representing= the applicant presented the request to the Board. He provided a brief history of the property and noted that the previous owner had work done, but was not insta= lled properly. He said the new sys= tem would be Enviro-Septic and went on to explain how the system would work. Mr. Zarnowski said the design would provide greater setbacks and better treatment.

Mr. Danevich asked if there were any adverse affects o= f the system. Mr. Zarnowski said th= ere were wetland soils between the applicant and the neighbor and noted that th= ere was no better location to place the system. Mr. Danevich asked what would happ= en if the waivers weren’t granted. Mr. Zarnowski said they would have a system that was in failure with= no replacement possibilities; in his opinion the waivers were in the best inte= rest of the Town by providing better treatment and setbacks to the Town.

There was further discussion regarding the proposed sy= stem; it was noted that the more gallons, the better it worked. Notes would be added to the plan so future purchasers would be informed of the requirements.

MOTION:=

(McDevitt/Danevich) To grant the Waiver of Article K, Section 295-16 on the setback distances itemized on the plan submitted September 21, 2004 for Map 31 Lot 11-258.

VOTE:

(6-0-0) The motion carried.

The Selectmen reconvened.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Lynde/Derby) Request for a non-public session per R= SA 91-A:3,II, a, c & e (Personnel; Matters which, if discussed publicly, would affect adversely the reputation of any person; Consideration or negotiation of pending claims or litigation)

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich, 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 8:= 30 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 8:50 pm.

MOTION:=

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

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron/Danevich) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately 8:50 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