SEL20081216

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

December 16, 2008

APPROVED &#= 8211; January 13, 2009

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Douglas Viger, Mr. = Robert Haverty, Mr. Victor Danevich, Mr. Harold Lynde, Mr. William McDevitt, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

None.

MINUTES REVIEW

Novem= ber 25, 2008

MOTION:

(McDevitt/Lynd= e) To approve the N= ovember 25, 2008 Selectmen meeting minutes as amended.

VOTE:

(5-0-0) The motion carried.

The amendments to the min= utes were as follows: page 2, 3^rd paragraph, 3^rd line R= 11; the word ‘changed’ was amended to read ‘closed’; pa= ge 3, 4^th paragraph, 2^nd line – the word ‘less’ was added; page 6 under Request for Non-Public – t= he sentence reading ‘Mr. Danevich did not participate in the non-public session.’ was added. The ending times and motions were also added along with minor typographical corrections.

OPEN FORUM

Mr. Chris Mader = and Park & Recreation Director Brian Johnson came forward to discuss the progres= s of the ice rink park at Lyon= s Park. He began by reviewing the concerns raised by the Selectmen at the last meeting (the fire department’s involvement in the maintenance and the location of the leach field). He stated that they had exceeded t= heir fund raising goals and collected $4400 which enabled them to purchase a portable zamboni. They wouldn’t need the fire department to help with water maintenance. He then addressed the concern with= the leach field. He said with the= help of Mr. Johnson they contacted a water company who commented that the rink shouldn’t pose a problem because if there was a leak it would be like four inches of rain falling. =

Mr. Johnson said= they had reviewed a number of locations and Lyons Park seemed to be the best spot for the ice rink. He said there were some risks of p= lacing it there due to the leach field. Mr. Mader commented that the maintenance materials could be located = at the park; they would have to purchase a trailer for any other location.

Mr. Gaydos quest= ioned where they planned on putting the equipment. Mr. Mader said there was a shed th= ey would have access to for some of the equipment. He was told that the portable zamb= oni could be stored at the fire department.&nb= sp; Mr. Gaydos stated that he had a conversation with the Town Deputy He= alth Officer regarding the leach field and what was recommended to put on them.<= span style=3D'mso-spacerun:yes'>

Deputy Health Of= ficer Paul Zarnowski came forward and discussed the leach field. He said leach fields needed to bre= athe in order to function properly and placing an ice rink or plastic over it wo= uld keep it from breathing. The o= ther issue was having the ice rink on the field would cause the frost to be driv= en down causing the leach field to freeze.&nb= sp; In this situation there was not a lot of effluent going into the fie= ld so it had a potential for freezing; snow acts as an insulation blanket. If they had vents it would help th= e air factor, but there would still be a potential for freezing. Mr. Zarnowski said there had been trenches at the park but was unsure if they had been discontinued. He suggested that they be located = so the rink was not placed on top of them. Mr. Gaydos noted that they didn’t install a new septic system, they used what was already in place. Mr. Zarnowski knew there were plans showing the leach fields, but didn’t know if they were ‘as-built’ plans or original des= ign plans.

Mr. Lynde questi= oned where the ice rink would be located in relation to the basketball courts. Mr. Mader said the rink would be o= ff to the left before the basketball courts as a person entered the park. He drew a rough sketch showing the location.

Mr. Haverty ques= tioned if the rink could be located beyond the basketball courts toward the back of the park (not on the leach field) and use portable lighting. Mr. Johnson’s concern was th= e fact that money ($12,000) had been spent to reseed the back portion of the park. He felt Newcomb field w= ould be the best field, but they would run into issues with volunteer maintenanc= e. Mr. Haverty questioned how much da= mage the rink would do to the turf. Mr. Johnson was not sure.

Mr. Danevich sta= ted that he would not support locating the rink on the septic/leach field area. He discussed his concerns. Mr. Mader said they didn’t w= ant any damage to come to the area. He noted that a landscaping company said they would guarantee any damage that occurred to the grass area. <= /p>

Mr. McDevitt ask= ed if the grass work had been donated. Mr. Johnson answered yes. Mr. McD= evitt said he would support the rink being located in the back of the park so it wouldn’t be on the leach field.

Mr. Lynde said t= he only issue seemed to be the location of the leach field. He questioned if there was a space= in the park to locate the rink that wouldn’t impact the leach area.

Mr. Viger questi= oned if Newcomb Field had been ruled out as a possible location. Mr. Mader said they hadn’t r= uled anything out. There were cert= ain challenges they found out during the research process. Mr. Mader said building the rink w= as easy, getting the water in was easy but getting water on the rink two/three days per week was difficult. = He said that was the challenge with locating the rink at one of the other parks.

Mr. Haverty ques= tioned if the parking lot (at the end of the six classrooms) had been ruled out. Mr. Mader answered no. He went on to discuss the challeng= es with using the parking lot, such as the size of the area, lighting etc. Mr. Haverty said there seemed to be tentative agreement to look at the area beyond the basketball court and lea= ch field. In his opinion the dam= age to the area would be minimal and there was volunteer effort to help replace the area if there was damage. Lig= hting could be addressed with portable lighting.= He said locating the rink in the back of the park would allow them to have access to water and storage for equipment. He recommended that the Selectmen = task Mr. Mader and Mr. Johnson with reviewing the feasibility of locating the ri= nk at the back of the park. Mr. = Mader discussed the timeframe they were working with.

Mr. Gaydos discu= ssed the process for accepting the gift. Mr. Haverty suggested that the Selectmen grant tentative approval to research t= he area and inform if there was enough space and if they could address the lig= hting.

Mr. Danevich sta= ted that he wouldn’t support anything being placed near the leach field. He was okay with the location behi= nd the basketball courts near the softball field.

Mr. Viger said t= here was a general consensus that they didn’t want the rink on the leach field. Mr. Haverty believed t= hat Mr. Gaydos knew the area that the Selectmen didn’t want the rink.

A motion was mad= e to appoint Mr. Gaydos to accept the location of the ice rink on behalf of the Selectmen. Mr. Danevich wante= d to ensure that the location would exclude anywhere near the septic. Mr. Lynde said the intent was to g= ive Mr. Gaydos authority to make the decision of where the rink should be placed wi= th the understanding that they know exactly where the septic system was locate= d or a sufficiently wide area was created that would guarantee that the septic system was not impacted when the rink was located.

MOTION:

(Lynde/Danevic= h) To appoint Mr. Gaydos to accept the location, on behalf of the Board of Selectmen, for the proposed ice rink.

VOTE:

(5-0-0) The motion carried.

DISCUSSION

7:03pm<= /u>

Fire Chief Michael Walker – Status Update of Ice Storm

Fire Chief Micha= el Walker came forward and provided the Selectmen with a status update of the = Town since the recent ice storm struck. He discussed the power outages and when it would be restored. He summarized how the department h= ad handled the situation. He sub= mitted a preliminary document to the state identifying the areas for federal reimbursement. Currently the = state was still in a State of Emerg= ency.

Mr. Lynde commen= ded the Chief and National Grid for their work during the recent storm.

Mr. McDevitt dis= cussed the awesome job that the Police Dispatcher did during the storm. He said there were numerous calls = that were handled all at the same time. Chief Walker added that they had been working on limited man power during the event. He said they couldn= 217;t have worked through without the CERT team.=

Mr. Danevich sai= d he also appreciated all the work that was done. He asked that the Selectmen (at a = later time) have an in depth review of the emergency communication plan. Chief Walker said it was standard = to have an after action review. =

APPOINTMENTS

7:15pm<= /u>

Clement Road Extension Subdivision

Attorney Jeffrey= Zall, representing the applicant, provided the Selectmen with maps so they could better understand what was being proposed.= He explained that his clients owned property on the Pelham/Dracut li= ne with approximately eight acres being in Pelham. The property was landlocked with t= he only access being from Cle= ment Road in Dracut, MA. Attorney Zall reviewed a map of th= e area showing the parcel and the location of the access. His clients were proposing an eigh= t lot subdivision. The distance fro= m the Town line on Mammoth Road<= /st1:address> in Pelham was approximately eight tenths of a mile. Attorney Zall stated th= at the Zoning Ordinance was amended in 2007 and effectively said that new lots= in Town could not be approved by the Planning Board unless they had frontage o= n a road that could provide emergency services without those services having to leave the Town. Prior to the ordinance, the development of the property was not restricted but the ordin= ance made the property unable to be developed because there was no way of gettin= g access through the Town. They applie= d to the Zoning Board of Adjustment because they had a case for hardship. At the hearing they argued the ben= efits: 1) means of access (gated) to Pelham Veteran’s Memorial Park (‘PVMP’) – this would be a second means of access to the = park for emergency services; and 2) because the residential subdivision would be serviced by municipal water (from Dracut, MA Water Commission) they would m= ake the water available for PVMP giving the Town an important means of fire protection within the park. T= he Variance was granted (Case #2399) conditioned upon: 1) public water connection from Dracut through parcel into Pelham; = 2) road access to be approved by all appropriate Dracut authorities; 3) road within parcel to be private road; 4) prior to going to Pelham Planning Boar= d, sufficient notification be given to the Town of Dracut; 5) emergency access= to be provided through Pelham Veteran’s Memorial Park; 6) Pelham Board of Selectmen approval. Writt= en confirmation (from Dracut Water Commission) has been received that water is available.

Attorney Zall st= ated they were meeting with the Selectmen to: 1) discuss the proposal for the subdivision; 2) inform that they had received their variance; 3) inform that they were now in front of the Planning Board; 4) ask that the Selectmen consider accepting the significant improvements in terms of water service availability; 4) have access to PVMP; and 5) authorize police, fire and ambulance to leave the Town to provide emergency services as needed. He stated that school busses weren’t a consideration; they weren’t asking the school authori= ties to provide school bus service. Any children residing in the subdivision would have their parents bring them to= Mammoth Road in Pelham to catch a school bus.

A letter from th= e Park & Recreation Department was submitted stating that if an emergency egre= ss was provided to PVMP as well water connection for fire hydrant location, th= ey would support the subdivision. The letter from the Highway Safety Committee was also submitted indicating alth= ough they normally don’t support providing emergency services outside the = Town limits, normal opposition would be mitigated by an acceptable level of improvement to the Town.

Mr. Lynde stated= he was unsure that the applicant could relieve the Town of obligation regarding sc= hool busses if it was a state law to provide transportation. Attorney Zall didn’t believe= the Board had the authorization to tell the School Department that they had to = have their busses go there; they would approach the appropriate school board to raise the issue. Mr. Lynde as= ked if the lots shown in Dracut currently existed. Attorney Z= all stated that the other lots were part of the Great Woods subdivision in Dracut, MA (57-lot subdivision); the Pelham subdivision wouldn’t be developed un= til the Great Woods road was completed. Mr. Lynde asked if they would require any waivers from the Planning Board. Attorney Zall said he would be.&nbs= p; Mr. Lynde said he would like to know what the waiver were before he = made a decision.

Mr. Haverty told= the Selectmen that the plan was currently accepted for consideration by the Planning Board and was going through the review process. Attorney Zall said a site walk had= been scheduled for Ja= nuary 10, 2009; they anticipated a three-four meeting process. He said it would be awhile before = the development was built due to the economy.&= nbsp; He recalled that waivers were requested, but didn’t know specifically what they were. &n= bsp;

Mr. McDevitt sai= d the Selectmen don’t weigh in regarding school busses, but as a taxpayer it concerned him. He said the fa= ct that the Public Utilities Company granted Pennichuck Water exclusive rights= to the Town of Pelham<= /st1:place> would need to be addressed with any approval. Attorney Zall was aware of this fa= ct. Mr. McDevitt discussed the access = to PVMP and asked if it would be gated. Attorney Zall said the access would be gated because that was how it= was requested. Mr. McDevitt discu= ssed situations where access to Pelham residences were through abutting Towns (Hudson off Keyes Hill and Spring Street Ext.). Mr. McDevitt felt the access to PV= MP would be nice, but didn’t share the word of it being a significant improvement. He said he had n= ever heard from a Park & Recreation Director that it was something that the = Town had to have.

Attorney Zall st= ated that they were proposing the subdivision to have private roads and a home owner’s association that would be responsible for road maintenance and plowing. He then discussed re= sponse time and didn’t feel that the times would be added to unreasonably or unduly.

Mr. Danevich dis= cussed the proposed access to PVMP. = He said there was no road currently there and questioned if the applicant was proposing a paved or dirt road and what work would need to be done to const= ruct it. Attorney Zall said they w= ere proposing a graveled access to the park property. The access would be from the cul-d= e-sac (lot 7) to the park property. Mr. Danevich questioned if the gate would open to a set of trees. Attorney Zall said he didn’t= know what the topography was in that location.&= nbsp; He said he would bring the engineer to the next meeting so he could address the topography. Mr. H= averty clarified that there was no road going into the park; the road went off the= lot to a gate. He said they weren’t providing emergency access to the park, they were providing t= he Town with the ability to provide emergency access. Attorney Zall said that was correc= t. Mr. Danevich said it sounded like a paper right-of-way.

Mr. Lynde questi= oned what the Town’s requirement was for cul-de-sac length. Attorney Zall said the requirement= is (not greater than) 2400ft. from two points of egress. He said they were proposing 2250ft= . and wouldn’t need a waiver.

Mr. Viger said t= he Selectmen wouldn’t take action at this time. The Planning Board was still in the review phase. Attorney Zall s= aid they were open to any suggestions the Selectmen felt were reasonable to make better use of the things being opened to the Town.

7:42pm<= /u>

Article K Waiver Application:&n= bsp; Location – Map 30 Lot 11-134, West Shore Road / Owners: Gilbert & Janet Rich= ardson

The Selectmen co= nvened as the Board of Health with Deputy Health Officer Paul Zarnowski as Chairma= n.

Mr. Zarnowski ca= lled the Board to order. The then disc= ussed the request being reviewed which was a request for waiver to Section 295:15, setback of leach bed to pond where 125ft. required and 88ft. proposed.

Mr. Shane Gendro= n of Herbert Associates came forward to present the plan. He said they were proposing a new = septic system that would fit on the lot. They were also proposing a new well. He said the proposed fit the neighborhood well based on other lots having their septic toward the front = of their lots. He believed it wo= uld be an overall improvement to the lot and make it more usable.

Mr. Haverty aske= d what was currently on the lot. Mr. Gendron said the existing system was not a state approved system; he believ= ed it was an old dry well.

Mr. Lynde asked = if there was an existing house on the lot. Mr. Gendron said there was an existing seasonal camp on the lot that= was used by the owners on weekends and evenings. Mr. Lynde noted that in the applic= ation the reason for waiver stated that the lot would be unusable. He questioned what was unusable ab= out the lot since it was currently being used.= Mr. Gendron said the septic was not state approved that wasn’t functioning well and didn’t offer good service. The applicant was looking to upgra= de to something more usable. Mr. Ly= nde asked if the property would continue to be seasonal. Mr. Gendron said as far as he knew= it would.

Mr. Zarnowski un= derstood that through the design process the dwelling would remain seasonal; the applicant was looking to upgrade so they could have more intense use in the summer.

Mr. Danevich sai= d he would like a condition with any approval that the well get install first and determine if potable prior to the leach field being put in place. Mr. Gendron didn’t have an objection to the condition. M= r. Zarnowski said a note could be added directly to the plan of the process th= at was to be followed.

Mr. McDevitt ask= ed Mr. Zarnowski for his view point and recommendation. Mr. Zarnowski stated overall it wa= s a large improvement to the current system.&n= bsp; He provided a description of the system and said he wouldn’t be concerned with the setbacks noting that the applicant met the state setback= .

Mr. Lynde took i= ssue with the statement on the application indicating that the lot was ‘unusable’. He al= so commented that the lot would remain seasonal.

MOTION:

(Danevich/McDe= vitt) To approve the Article K waiver request for Map 30 Lot 11-134 with respect to Section 295:16 setback distance to leach field less than 125ft. to the po= nd. The approval is contingent upon = the well being installed first and determined to be potable prior to any construction on the septic replacement.&= nbsp;

VOTE:

(6-0-0) The motion carried.

The Board of Hea= lth adjourned (7:59pm)

The Selectmen reconvened.

OTHER BUSINESS

Update of Warrant Articles

Mr. Gaydos state= d that he had no new information regarding the fire station. He then told the Selectmen that th= ere would be a warrant article presented by the Cemetery Trustees that he was a= sked to make sure the Board understood. The warrant article (if approved) would establish a non-lapsing expendable general maintenance trust that would be funded by a percentage of the proceeds derived by the sale of cemetery lots and further to name the Cemetery Trustees as agents of the fund.&n= bsp;

As a point of or= der, Mr. Viger commented that the Selectmen had no say as to what they (Cemetery Trustees) brought forward. Mr. Gaydos said the idea that the concept was changing away from the perpetual = care and going to just the straight percentage of the proceeds of the sale of lo= ts; the Town would still receive a percentage as sale of Town property (into the General Fund) but another percent would go into the fund used to offset the= ir cost.

The Selectmen to= ok no action; Mr. Gaydos was just making the Selectmen aware of what would be pro= posed.

Mr. Gaydos told = the Selectmen that he would like to have one warrant article to take care of a number of trust funds that should have been closed as a housekeeping issue. He provided examples of accounts that should have been closed in the past. He was seeking counsel’s opi= nion regarding the wording of the warrant.

Mr. McDevitt wan= ted to check with Planning regarding the money for Brett Circle to make sure it wasn&#= 8217;t given to the Town with conditions. He also felt that the Selectmen should discuss the money in the Recy= cling Facility Maintenance fund. Mr. Gaydos said the money could be spent on maintenance.

Mr. Gaydos said = the Selectmen had a discussion regarding having a warrant article to appoint the Selectmen as agents to expend the Senior Center Building Fund. He said he thought about the topic= and didn’t see what advantage it would be. The Selectmen briefly discussed the topic. Mr. Lynde said having = the language in place would give the flexibility to respond immediately if fund= s for infrastructure became available.

Mr. Lynde said a= fter discussing Raymond Park and e-mailing pictures, Mr. Ed Gleason got back to = him and suggested looking at the Raymond Park Fund to help with the work. He spoke with Mr. Gaydos and Park = & Recreation Director Brian Johnson who was putting together a potential list= of what could be done with the funds. <= /span>He described the work that had already been done at the park.

Mr. Gaydos said = it was known that Sherburne Hall was difficult to use in the summer and asked how = the Selectmen felt about having a warrant article to raise $25,000 to establish= a Sherburne Hall Fund for improvements. Mr. McDevitt respectfully disagreed with having an article. He said he had made a commitment t= o put things in front of the voters that the Town absolutely needed to have. Mr. Viger agreed with Mr. McDevitt= .

TOWN ADMINISTRATOR’S REPORT /= SELECTMEN’S REPORTS

Mr. Gaydos said he spoke with National Grid who was reminding people to treat e= very wire as a live wire. They dis= cussed the possibility of making information available regarding hooking up generators.

Mr. Danevich informed that Ms. Joan Davis had decided to move into retirement a= fter driving the Senior Center bus for many years. He took the opportunit= y to thank her publicly for the many years of service. Mr. Gaydos will post the job opening.

Mr. McDevitt acknowledged the fact that there were still people without power.<= span style=3D'mso-spacerun:yes'> He said National Grid had kept in contact with the Town to provide updates on the situation and felt they had done an exceptional job. He didn’t want to give advice to citizens about how to set up generators= .

Mr. Lynde was impressed with how things were run (during the recent ice storm). He then commended Mr. Gaydos and all those involved for the wonderful Christmas party.

Mr. McDevitt said he spoke with a resident who was unhappy that the Town was charging $25 for electrical permit fees to people who had wires ripped off = the side of their house. He broug= ht the subject to the Selectmen so they could have a discussion. Mr. Gaydos said he met with the To= wn Electrical Inspector (Tim Zelonis) and as a result not required that the pe= rmit be in place for work to be done.

Mr. Haverty informed that there would be an informational meeting regarding the= Town Center held on Decembe= r 17, 2008 at Sherburne Hall. He then to= ld the Selectmen Good Samaritan stories from the recent ice storms. Mr. Haverty discussed the warrants= that would be coming forward from Planning.&nbs= p; He reported that the Pee Wee Razorback Cheerleaders placed third at nationals. The Razorback Jr. = Pee Wee represented the Town well.

Mr. Viger then took a motion for non-public to discuss union contracts.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Lynde/McDevit= t) Request for a non-public session per RSA 91-A:3,II, a (Union Contracts)

ROLL CALL:

Mr. Viger-Yes;= Mr. Haverty-Yes; Mr. Danevich-Yes; Mr. Lynde-Yes; Mr. McDevitt-Yes

It was noted tha= t when the Board returned, after the non-public session, the Board would not take = any other action publicly, except to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 8:32 pm.

The Board returned to public session at approximately 9:45 pm.

MOTION:

(Danevich/Have= rty) To seal the minutes of the non-public session indefinitely.

VOTE:

(5-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(Danevich/Have= rty) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 9:45 pm.

= &nb= sp; = &nb= sp; = &nb= sp; = Respectfully submitted,

= &nb= sp; = &nb= sp; = &nb= sp; = Charity A. L. Willis

= &nb= sp; = &nb= sp; = &nb= sp; = Recording Secretary