BOS Minutes 04-25-2006

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

April 25, 2006

APPROVED – May 16, 2006

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Victor Danevich, Mr. Harold Lynde, Mr. Jean-Guy Bergeron, Mr. Edmund Gleason, Mr. Tom Domenico, Mr. Tom Gaydos – To= wn Administrator

Also present:

ABSENT:

Members of the press and general public.

None.

MI= NUTES REVIEW

April 18, 2006

MOTION:=

(Gleason/Lynde) To approve the April 18, 2006 meeting minutes as am= ended

VOTE:

(4-0-1) The motion carried. Mr. Domenico abstained (due to h= is absence from the meeting).

The amendments to the minutes were as follows: page 1-= Open Forum the words ‘to know’ were inserted in ‘…wanted= to know what…’; page 2- under Lisa Atkins – The sentence ‘No elevation grade is to be raised.’ was added; under Paul Gagnon ̵= 1; the following was added ‘…the assertion that wetlands were being purchased…’; page 3, 5^th paragraph – the words ‘skate’ and ‘panel’ were added to: ‘..flipped= the skateboard panel …’; 7^th paragraph – the words ‘as a Representative’ were added to: ‘…asked Mr. Bergeron as a Representative to..’ ; Jeff Brillhart’s title was corrected to be ‘Assistant Commissioner’; page 4, 4^th paragraph – the words ‘also think’ were replaced with ‘think about’ in the following ‘…something to think about when…’; under Selectmen’s Report – the words ‘It was noted that..’ were replaced with ‘Selectmen Lynde noted…’ in the following ‘Selectmen Lynde noted that an offer….’; the ending time and motion were added – Gleason/Bergeron to seal the minutes and adjourn the meeting at 11:25pm wit= h a 5-0 vote.

APPOINTMEN= TS

PUBLIC HEA= RING - Jack Mansur’s Auto

Mr. Bergeron recused himself.

Mr. Gaydos indicated that Mr. Jack Mansur was not pres= ent at the meeting (he was out of Town). He said he had a discussion with Mr. Mansur’s office who accommodated all the inspections. He then reviewed Mr. Mansur’s application. He said the salvage operation was limited to the area defined in the Consent Decree with the Town (including a site plan). Motor vehicles are rebuilt/repaired and dismantling for recycling their parts. The yard had been there since 1948= . Mr. Mansur has a vehicle dealer li= cense number and has submitted a letter from the Department of Environmental Serv= ices indicating that he had been certified in the Green Yards Program. The property was viewed by Inspect= or John Hodge; he found no items on his checklist that were in violation, or of concern. Code Enforcement Off= icer Roland Soucy also viewed the property and in light of the Consent Decree fo= und no issues. Mr. Gaydos perform= ed the health inspection because Health Officer Paul Zarnowski was on vacation. Mr. Gaydos viewed the property and= found it to be maintained in an orderly fashion; part storage was covered. He said a water test had not been received, but believed one would be done in the future; there were no indications of contaminated soils and there was no indication of infestatio= ns or pests.

Mr. Danevich read aloud a letter (dated March 24, 2006) from the De= partment of Environmental Services which recognized Jack Mansur’s Auto as a certified New Hampshire Green Yard. He noted what items were required for a license to be issued.

Mr. Gleason asked if a water test was a prerequisite f= or licensing. Mr. Gaydos answered no. He said the Health Officer indicated he would like to see water tests in the future. Mr. Gaydos said Mr. Mansur would be asked to have a basic water test done.&nbs= p; Mr. Gleason asked if the water test could be done as a condition of = the license being granted. Mr. Ga= ydos believed that would be acceptable. Mr. Gleason wanted a mechanism for water testing to be part of the license. Mr. Gaydos believed the Town could= send a notice with the applications next year indicating that water test would be part of licensing.

Mr. Danevich noted that the Junkyard Ordinance was in = the process of being updated.

PUBLIC INPUT

Ms. Laurie Safford, 111 Old Gage Hill Road North said t= hey had built an accessible home two years ago and at the time didn’t rea= lize that there were several hundred tires buried on their property line. She spoke with several people to s= ee if anyone could help, but was not able to find someone. She said she contacted Mr. Mansur = after reading an article in the newspaper about him to see if he would help. She wanted the Selectmen to know t= hat Mr. Mansur’s business had agreed to help them regarding the tires.

Mr. Danevich asked Mr. Gaydos to find out if the Town = was aware of the tires and was curious if they pre-dated 1983. Mr. Gleason asked if the tires wer= e on Ms. Safford’s property. Ms. Safford said the bulk of the tires were on her property. She said they didn’t know the tires were there until after their home was built and they started to clear= the property. Mr. Danevich asked = that Mr. Gaydos obtain Ms. Safford’s information to be able to follow up.<= span style=3D'mso-spacerun:yes'>

The Selectmen discussed if they would proceed with the license. Mr. Gaydos said the inspectors gave no reason to reject the application. The Selectmen discussed whether or= not to have submittal of a water test be a condition of approval. Mr. Gaydos said last year the Town= asked for a voluntary submittal; this year a letter went out, but the Health Offi= cer was on vacation. He believed = if Mr. Mansur was asked for a water test he would volunteer it.

MOTION:<= o:p>

(Lynde/Gleason) To approve the license for Jack Mansur’s Auto effective (as of) April 1, 2006, expiring March 31, 2007.

VOTE:

(4-0-0) The motion carri= ed. Mr. Bergeron had stepped down.

PUBLIC HEA= RING – Jean-Guy’s Used Auto Parts, Inc.

Mr. Gaydos reviewed the application. He said the property was under a C= ourt Decree in 1975 and a 1986 Court Ruling and agreement with the Town; the business had been in operation since 1953 and was listed with the Departmen= t of Motor Vehicles and had a license indicated on the application. He said the applicant had reserved= the right to protect what he thinks about the junkyard or automotive recycling yard license and Health and Safety Ordinance from the Town of Pelham; first of all there is no such t= erm as a grandfathered junkyard, the proper term is pre-existing non-conforming. The applicant protests the fact th= at no Selectmen, nor any appointee, had the right signing into any form of a Town= of Pelham Consent Decree, or any other arrangement; this is not legal and totally removes any input from= the landowners in the community. = The applicant also protests the fact that the Selectmen as the Health Board had= any right in selecting one selective type of business to set precedence in mandating a time ordinance; the business or owners and employees are being singled out and that is against the constitution. Mr. Gaydos continued reading aloud statements included in the applicant’s application.

Mr. Gaydos said in keeping with the laws of the State = of New Hampshire, h= ealth and safety inspections had been performed by the Fire Department, Building Inspector and Code Enforcement, respectively; none indicated anything that = was against previous agreements. = He noted there was a letter in the file from the State of New Hampshire that identified Jean Guy’s Used Auto Parts, Inc. as a certified New Hampshire Green Yard.<= span style=3D'mso-spacerun:yes'> There was a checklist in the file = from Inspector John Hodge who found no items that were not in compliance. Building Inspector Roland Soucy ha= d also submitted a letter. Mr. Gaydos noted that he inspected the property in the Health Officer’s absence. He said the facility= had made constant improvements regarding erosion and runoff control. He discussed what areas had been mitigated from last year. He = said there was no evidence of contaminated soil in the storage yard; there were no observations of rodents or other indication of pest infestations. Ground water monitoring was conduc= ted at the site in November, 2005; ground water samples were collected from several existing site monitoring wells; additionally samples were collected from th= ree drinking water supply wells (2 on site, 1 off-site). The ground water supply samples we= re submitted to a state certified laboratory; the results of the most recent w= ere reported to the DES.

Mr. Gaydos said there was no indication from any of the inspections that the license should not be permitted.

Mr. Gleason asked if the supporting data from the water collection company had been received. Mr. Gaydos said he didn’t have any indication that the water w= as bad; the tests were reported to the state, the state had not indicated that= it was unacceptable. Mr. Gleason= asked if there was any dialogue with the state relative to their attitude as to if the agreement was being complied with.&nbs= p; Mr. Gaydos answered no. He said if there was a problem, a notification would have been sent to have te= sts redone; there was no such letter received by the Town.

Mr. Lynde reviewed the application and believed the si= te was zoned residential, not business as marked on the application. Mr. Gaydos said the applicant had = marked that it was a pre-existing non-conforming use. Mr. Lynde said that would not chan= ge the zoning of the area. He then n= oted that the application stated that the distance from the salvage yard to the nearest edge of the right-of-way was 33-feet from the center of Marsh Road;= he felt it was further back. Mr. Gayd= os said the applicant could be asked to explain. Mr. Lynde said he didn’t understand the other things written on the application.

PUBLIC INPUT

Mr. Jean-Guy Bergeron, 184 Marsh Road (speaking as the applicant), said in 1962 the property was called 347 Marsh Road and was one piece of property containing approximately 24-acres. He said there was a special Town m= eeting held (with approximately 162 people in attendance) on that and two other pi= eces of property (on Bridge Street and by the golf course) that were spot zoned = that evening. Mr. Bergeron said in= 1975, when he applied to put up a building at his facility he put that it was zon= ed business; he went to the Board of Adjustment and got a majority vote. The vote was appealed; he went bac= k to the Board and explained that he couldn’t fill out anything but busine= ss because that’s what had been filled out in 1962; he won again. Mr. Bergeron then explained that o= n Marsh Road,= the Town-owned right-of-way was 33-feet from the center line. Mr. Lynde said 33-feet from the ce= nter line didn’t seem like the right distance for the operation to begin.<= span style=3D'mso-spacerun:yes'> Mr. Bergeron said that was where t= he property started; he had been there since 1969; the prior owner (a recycler) started in 1953. Mr. Lynde clarified that Mr. Bergeron was stating his property began 33-feet from the center of Marsh Road. Mr. Bergeron understood that was w= here his property (and his neighbor’s) property began; that’s what he thought the question on the application was asking. After further clarification, Mr. Bergeron said there was a designated storage area and viewed the question as asking where his property began. Mr. Lynde wanted to insert into the record that the 33-feet was not indicative of the edge of the storage area, but rather it was the edge of t= he property line. Mr. Bergeron s= aid that was also his understanding.

Mr. Gleason reviewed the statements included in Mr. Bergeron’s application and didn’t understand what was being said about Selectmen entering into any Town of Pelham Consent Decrees. Mr. Bergeron said in 1998/1999 the= re was talk around Town that the Selectmen may go into an agreement with someone t= hat was operating an auto body facility; in 1968 when he came into Town was a t= otal of five licenses. He discusse= d a case where the Town entered into an agreement with a facility that he appea= led with the Board of Adjustment and later went to the Superior Court and to the Supreme Court who notified him they didn’t have the time to look at t= he case. Mr. Bergeron believed f= rom 1969 to 1999/2000 state law said the license cost $25; the Town would send = an application, he would fill it out and send in the check and he would get a license. He said there had be= en discussion about state licenses (for auto recyclers) ceasing; however, he n= ever had a state license because he wasn’t on a primary or secondary road;= he always had a Town license. Mr. Bergeron discussed a time ordinance and believed it was put in a warrant article that failed. He said = the Town discussed coming up with Town ordinance and then hired a Health Officer. He said the things discussed since 2000 had not been challenged and he felt there needed to be= a process to do the things that were being done, it didn’t give the Selectmen the right to do things that were not within the law.

Mr. Lynde understood that Mr. Bergeron was referring to things that happened eight/nine years ago, not what was happening today. He confirmed that Mr. Bergeron was referring to a consent decree that was entered into between the Town and Ja= ck Mansur. He said a lot of thin= gs had happened since then and believed the ordinance was done through the help of Town Counsel and was a legal document.&nbs= p; Mr. Lynde said if there were some concerns for what was in the docum= ent; it should be pointed out so the Selectmen could address such. Mr. Lynde felt the question of spot zoning should be answered. Mr. Bergeron said since 1968, and still today, it was listed in the Rural area.

MOTION:<= o:p>

(Domenico/Gleason) To grant Jean-Guy’s Used Ca= rs and Parts a license to operate an automotive recycling facility and junkyard = for the period of A= pril 1, 2006 to March 31, 2= 007.

VOTE:

(4-0-0) The motion carri= ed. Mr. Bergeron had stepped down.

Mr. Domenico said in the action of revising the Ordina= nce, he will also take action to possibly revise the application form to be reflective of what the situation was.

Mr. Bergeron rejoined the Board.

OTHER BUSI= NESS

Little Lea= gue And Razorback Field Use Agreement

Mr. Danevich said this was an annual agreement; the Selectmen had already had the opportunity to review and make some changes.<= span style=3D'mso-spacerun:yes'> Mr. Gaydos read aloud the proposed agreement. The Agreement had already been reviewed by Park & Recreation.

MOTION:<= o:p>

(Gleason/Lynde) To approve the 2006 Agreement with t= he Little League and Razorbacks regarding Field Use Agreement.

VOTE:

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

TOWN ADMIN= ISTRATOR / SELECTMEN REPORTS

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Gleason/Lynde) Request for a non-public session per= RSA 91-A:3,II, a, b & e (personnel; Hiring of any person as an employee; Consideration or negotiation of pending claims or litigation).

ROLL CALL:<= /b>

Mr. Danevich-Yes; Mr. Gleason-Yes; Mr. Lynde-Yes; Mr. Bergeron-Yes; Mr. Domenico-Yes

Mr. Danevich noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered in= to a non-public session at approximately 7:36 pm.

The Board returned to public session at approximately = 9:06 pm.

MOTION:=

(Gleason/Bergeron) To seal the minutes of the non-pu= blic session indefinitely.

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Gleason/Bergeron) To adjourn the meeting.

VOTE:

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

The meeting was adjourned at approximately 9:06 pm.

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

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Chari= ty A. L. Willis

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