BOS Minutes 12-14-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

December 14, 2004

APPROVED – January 4, 2005

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

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

Also present:

ABSENT:

There were no persons present.

Mr. Richard Derby

   &nbs= p;

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

MINUTES RE= VIEW

December 7, 2004 – deferred

OPEN FORUM=

None.

APPOINTMEN= T(S):

BOARD OF HEAL= TH: The Selectmen convened as the Board of Health with Chairman Paul Zarnowski.

Waiver of = Article K – Paul Zarnowski, Health Officer Map 24, Lot 11-312 – 39 Wood Road

The waiver being requested was to Section 295-16 ̵= 1; Town setback 100ft (state 75ft) to a seasonal stream.

Mr. Ted Hatem of T.W. Hatem & Co., representing Ja= i and Kathleen Dev who currently have a failed septic system met with the Board.<= span style=3D'mso-spacerun:yes'> He reviewed the plan, location of = the existing system and what was being proposed. He said the field would be approxi= mately 52ft to the seasonal stream; there were no other viable alternatives. Mr. McDevitt asked the distance of= the proposed septic to neighboring wells. Mr. Hatem said there were no wells within the 75ft. radius. Mr. Zarnowski saw no other viable alternatives to the situation. He noted that the existing system had been deemed in failure.

Mr. Lynde arrived.

Mr. Bergeron asked if the system was ‘traditional’ (i.e. tank and leach field). Mr. Zarnowski said instead of dist= urbing the existing earth around the failed system; there would be a primary treat= ment near the house that would go into a pump chamber and into more than one settlement chambers.

MOTION:<= o:p>

(McDevitt/Danevich) To grant the Waiver of Article K= to Section 295-16 for 39 Wo= od Road (Map 24 Lot 11-312).

=

VOTE:

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

Waiver of = Article K – Paul Zarnowski, Health Officer Map 3, Lot 5-19 – 63 Tallant Road

The waiver being requested was to Section 295-16 ̵= 1;Town 75ft. (state 75ft.) between septic and well; Town 75ft (state 50ft.) betwee= n septic and poorly drained soils. Mr. Zarnowski said the closest distance to the poorly drained soil was 58ft. and the greatest distance was 70ft.

Mr. Tim Winings of TJW Survey, representing Lucinda De= ruosi, met with the Board. He said t= he lot was created in 1964 and had an existing three-bedroom house. The existing field was deemed in failure. The proposal was to = move the system to the base of a hill on the outside edge of the 100-year flood zone. Mr. Winings said the ex= isting well would be uphill from the system and outside of the 50ft. radius; the owners had executed (and recorded) the well release form as required by the state. He said the only alter= native would be to replace the well and put it in the southerly portion of the lot, however that would put it in the flood zone and would make it viable for contamination. Mr. Zarnowski = said the proposed plan would improve the entire situation; there was no other vi= able alternative.

There was a brief discussion regarding the proposed pl= an.

MOTION:<= o:p>

(Danevich/Bergeron) To grant the Waiver of Article K= to Section 295-16 for 63 Ta= llant Road (Map 3 Lot 5-19); there shall be no expansion beyond the existing three bedrooms.

=

VOTE:

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

Massage Ordinance

Mr. McDevitt said the Town passed an extensive/detailed Massage Ordinance in 1977. It= came to his attention that at the time the ordinance was passed, there was no statewide ordinance relative to licensed massage therapist. He said RSA 328(b) extensively reg= ulates massage activities. He said t= he Board should consider eliminating the Town’s ordinance possibly after= the first of the year.

The Board of Health adjourned; the Selectmen reconvene= d.

Vote on Ac= ceptance of Plotter (from NRPC)

Mr. McDevitt said the Nashua Regional Planning Commiss= ion (NRPC) had offered to donate a computer plotter to the Town, which was beli= eved to be valued in excess of $500. He said a public hearing was held at the Selectmen’s December 7, 2004 meeting.

=

MOTION:=

(Lynde/Danevich) To accept the donation of a plotter= from the Nashua Regional Planning Commission.=

=

VOTE:

(4-0-0) The motion carried.

Vote on Conservation Policy

Mr. McDevitt said the Selectmen had discussed a propos= ed policy at a previous meeting in which the Conservation Commission would be asked to follow when negotiating for open space. He said the policy was to clarify confusion in terms of who negotiates on behalf of the Town for open space purchased under warrant article that passed in March, 2004 as well as the warrant article that passed in 1999 that allowed current use fees to be spe= nt for open space. Mr. McDevitt reviewed the draft policy and read such aloud. There was further discussion regar= ding the proposed language and Mr. McDevitt said he would revisit the wording. <= /p>

Map 9 Lot 9-9 – Simpson Mill Road Property (17.99 a= cre parcel) (Fineman) – PUBLIC HEARING

The public hearing was opened.

Mr. McDevitt said the parcel being discussed was locat= ed on Simpson Mill Road and was remaining land from a subdivision titled Golden Brook Estates which contained 17.99 acres. He said there was a question whether the Selectmen had held a requisite hearing at = the time and so the ownership had never transferred to the Town. He said the first public hearing w= as held December 7,= 2001; this is the second public hearing. <= /span>

The Selectmen opened the hearing up for comments, howe= ver, there were no members of the public in attendance.

=

MOTION:=

(Lynde/Danevich) To accept the donation of Map 9 Lot= 9-9 by the Fineman Land Development Trust.

=

VOTE:

(4-0-0) The motion carried.

=

MOTION:=

(Lynde/Bergeron) To abate the taxes on the property = for 2004.

=

VOTE:

(4-0-0) The motion carried.

OTHER BUSI= NESS

Placement = of Warrant Articles

Mr. Gaydos provided the Selectmen with a copy of the W= arrant Articles that were reallocated in order.&n= bsp; Mr. McDevitt asked the Selectmen to review and provide any comments = to Mr. Gaydos.

Warrant Ar= ticle Reconsideration:

Mr. Gaydos believed the Selectmen should review; he sa= id an agenda item would remain to remind the Selectmen that there was still time = to make alterations to the warrant articles.

Maintenance W= orker – Mr. Gaydos said it would be recommended to remove the warrant article for a maintenance worker given the change in law. He said the law states if a warrant article is defeated a town would be precluded from spending money on that item.

Recreation St= udy by NRPC – Mr. Gaydos said the Recreation Department was encouraged by several groups and individuals to start a plan of where parks were needed in the Town. He said NRPC has of= fered to assist at a cost of $3500. Mr. Gaydos also said as part of reconsideration the IRS has informed that anyon= e who works with the Park & Recreation Department cannot be considered an out= side contractor. He said the Town = would have to match the FICA withholdings (estimated to be $3500). For both of these, Mr. Gaydos said= that the Budget Committee would be asked to increase the Operating Budget by $7000.<= span style=3D'mso-spacerun:yes'>

No Parking Ordinance Regarding Map 10 Lot 13-76 on Plower Road

Mr. Gaydos said at the corner of Route 38 and Plower Road= there was a cleared lot (Town owned) that had become a haven for persons wishing = to sell vehicles etc. He said ‘No Parking’ signs had been installed and would be replaced with signs that indicated ‘No Parking&nbs= p; - violators will be towed at the owner’s expense’.   He said he would like to have= a public hearing and an ordinance for no parking at the location so vehicles could be towed. It was reiter= ated that the parcel was Town owned. Mr. Gaydos wanted the public to be clear what direction was being taken. There was a brief discussion and n= oted that this would be treated as an isolated instance.

Spring Str= eet Dam #189.21

Mr. McDevitt said several years ago there was a develo= pment on Spring Street (Stonepo= st Village) and as par= t of an agreement with the Planning Board a 29-acre parcel consisting of a pond = from four to eight acres. The parc= el was to be donated to the Town, but the action was held up because it had a dam = that was not registered with the state. The dam failed state inspection and last spring, the dam failed crea= ting a minor flood. The dam has be= en rebuilt and there is a letter on file from the Department of Environmental Services – Dam Bureau stating that the dam was built to state specifications in accordance with the design plans. Mr. McDevitt said the Selectmen should begin the steps to accept the parcel. It was noted that War= rant Article #42 on the 2004 Town Meeting ballot authorized the Selectmen to acc= ept a gift to the Town of the land and pond (consisting of approximately 29-acr= es) identified as Map 24 Lot 12-41. Mr. Gayd= os said the process was to obtain the deed from the current owner and pass it = by Town Counsel. The Selectmen w= ould take no further action unless Mr. Gaydos ran into a problem.

Merrimack = Valley Regional Water District

Mr. Bergeron informed that the Merrimack Valley Region= al Water District (‘MVRWD’ would hold their next meeting on Thursday, December 16, 20= 04. He said the Public Utilities Commi= ssion had decided that the City of N= ashua could obtain Pennichuck Waterworks (not Pennichuck East or Pittsfield Aqued= uct Company) by eminent domain. M= r. McDevitt noted that Pennichuck East included the assets of Pennichuck in the Town.

Pelham Veter= ans Memorial Park

Mr. Bergeron said he had been questioned by a resident= why there was a gate at the entrance of Pelham Veterans Memorial Park (PVMP). The resident’s concern was t= hat the park was public and used year- round.&= nbsp; There was also the belief there may be more vandalism if it remained= blocked. Mr. Bergeron said he reviewed the = site and the gate (which had two stop signs on it). He asked the Selectmen to discuss = this and other Town parks.

Mr. Gaydos said there had been quite a bit of vandalis= m in the area, so the Park & Recreation Director met with the Police and Fire Departments. By ordinance PVM= P is closed from Labor Day to Memorial Day.&nbs= p; It had always been the intent to plow the road in the event of emerg= ency access. Mr. Gaydos said there= had been a lot of activity, instances of vandalism and dumping. The recommendation from the Police= and Fire Departments was to gate the road.&nbs= p; Mr. McDevitt clarified that public access was allowed past the gate,= but the intent was that people could not drive past the gate. Mr. Gaydos answered yes.

Mr. Bergeron said the gate was confusing because it ha= d stop signs posted. It was his understanding that Town owned parcels were open to any resident to walk. Mr. McDevitt asked that the issue = be reviewed and if necessary have Park & Recreation Director Darren McCart= hy come to a meeting and speak to the issue.&= nbsp;

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos had no report.

Mr. Bergeron’s previous discussion took care of = his report.

Mr. Danevich provided a status update regarding the sk= ate park. He said a meeting was h= eld with the company that did the lighting for the basketball courts and the tr= ack, installation could occur in late March, 2005. Also, a few bids had been received= for the skate park equipment and if weather cooperates, the installation will o= ccur in early spring, 2005. Mr. Da= nevich addressed a letter the Town received from Adelphia indicating they would be contacting people regarding scheduled changes. He suggested that the Selectmen ha= ve a public discussion when similar official notification is received from compa= nies so that residents are made aware. Mr. Danevich briefly discussed some of Adelphia’s services that the Town was integrating with and finding cost savings.

Mr. Lynde informed that the Town held their first annu= al Christmas party, which was well attended and considered a success. He informed that the Park & Re= creation Director was pursuing other areas for basketball use, such as the Pentecostal Church court. Mr. Lynde said he would like to sp= eak during open forum and discuss with the Selectmen how high expense projects = were funded. Mr. McDevitt said Mr.= Lynde could have an agenda item.

Mr. McDevitt announced that the Selectmen had posted a special meeting for Wednesday, December 22, 2004 at 9am to be held in the Police Community Meeting Room which would be a non-public session to further discuss a matter well known to the Board and public.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Danevich/Lynde) 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. 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 7:= 45 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 8:10 pm.

=

MOTION:=

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

=

VOTE:

(4-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron/Danevich) To adjourn the meeting.

=

VOTE:

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

The meeting was adjourned at approximately 8:10 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