SEL20070403

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

April 3, 2007

APPROVED – April 17, 2007=

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Edmund Gleason, Mr. Victor Danevich, Mr. Harold = Lynde, Mr. Tom Domenico, Mr. Robert Haverty, Town Administrator Tom Gaydos

Also present:

ABSENT:

Members of the press and general public.

None.

MINUTES REVIEW

March 6, 2007

MOTION:<= o:p>

(Danevich/Domenico) To approve the March 6, 2007 meeting minu= tes as amended. <= /p>

VOTE:

(3-0-2) The motion carri= ed. Mr. Lynde and Mr. Haverty abstai= ned.

March 27, 2007=

MOTION:<= o:p>

(Lynde/Domenico) To approve the March 27, 2007 meeting mi= nutes as amended. <= /p>

VOTE:

(4-0-1) The motion carri= ed. Mr. Danevich abstained.

The following amendments were made to the minutes: pag= e 2, 1^st sentence – the word ‘road’ was added to the following ‘..frontage on Sherburne Road’; under Committee Assignments = 211; Sherburne Hall Committee was delete from Mr Gleason’s assignments; pa= ge 4 the sentence reading ‘Sherburne Hall Committee is pending further review.’ was added; page 5 – motion re-appointing Ms. Paliy was made by Domenico/Lynde.

OPEN FORUM

None.

APPOINTMENTS

Paul Zarnowski: Ar= ticle K Waiver Application – Andover Street Revision

The Board of Selectmen adjourned to convene the Board = of Health with Chairman (Deputy Health Officer) Paul Zarnowski.

Mr. Zarnowski called the Board of Health to order at approximately 6:38pm. He said they would discuss a conti= nuance of an Article K waiver for 8 Andover Street. The waivers were to Section 295:16= of the Pelham Health Ordinance. = The request was to have the sewer line less than the required 50-feet to an on-site and abutting well.

Mr. Vern Dingman of Polaris Consultants, representing = the applicant, said during the previous meeting (March 6, 2007) the Board had given dir= ection of what they wanted addressed. He said the information had been added to the plan and went on to review the revised plan. He said they we= re still proposing a Clean Solutions System and trying to put in a pro-active = system that would be compliant with all of the current requirements.

Mr. Zarnowski provided the Board with certain sections= of the Environmental Services Administrative Rules and circled some areas that covered distances; the state allows pipe within the well radius next to a well. He explained that becau= se the state didn’t have any setback requirements, the Town added requiremen= ts to the ordinance to allow a review process.

Mr. Gleason said it was brought to the Selectmen’= ;s attention that there were less than adequate septic systems in that area and the proposed would be an overall improvement to the area. Mr. Zarnowski agreed. Mr. Gleason confirmed that the pro= posed technology was a proven/demonstrated technology. Mr. Dingman discussed he was propo= sing a solid pipe going through another solid pipe going threw the well radius zon= e. He said the probability of contami= nation was nil. He further explained= the specifications of the design. Mr. Gleason asked what dangers there were in the event of the road washing out. Mr. Dingman said he had doubled the required cover; even if there was a foot washout there would st= ill be 3-feet of cover over the pipe.

Mr. Lynde said there were several wells indicated on t= he plan and questioned if they were all in use. Mr. Dingman answered yes. He said the proposed system was ou= tside any of the radiuses. He said the = only issue was the actual line from the home down to the treatment tank. He reiterated that the state had no setback to wells regulation. =

PUBLIC INPUT

Donna and Jay Bibeau, 6 Andover Street expressed their concerns. Ms. Bibeau said the= ir main question/concern was the contamination of their well if the line ever leaked or let go. She said th= ey had no other location to put a well. She said they were in the process of having their water tested and would provide the Town with a copy of the report. She wanted to know if by allowing the proposed, it would allow the others in the area to also make their homes year-round. As far as Ms. Bibeau was concerned= , the home was seasonal and the owner was in the process of making it year-round. She said she was = in the process of reviewing the rules for converting to year-round.

Mr. Bibeau said he grew up in the neighborhood and didn’t know of anyone using the applicant’s dwelling more than = two weekends out of the summer season. <= /span>He said by allowing the proposed pipe, it would become his problem if it were = to fail. He said the property wa= s a camp.

Mr. Gleason said the Selectmen had requested that the = status be researched because it was listed as year-round. Mr. Gaydos said he went to the Ass= essing Department to research. He sa= id there was a note on the property card that says it’s seasonal; however on t= he same card it indicates the dwelling has vinyl siding, dry wall, oil heat, central air conditioning, and hot water.&n= bsp; He said they went to the Planning Office and found there were permits because they met the threshold to issue such permit. He said the cards that were pulled showed there had been approvals given.&nbs= p; He said approvals were not granted based on ‘seasonal’ or ‘not seasonal’; either the threshold is met, or its not. He said in this case the applicant= was looking to install a septic system. Mr. Gaydos said when people in Town have a problem with their water, they speak to Mr. Zarnowski who will review. Mr. Zarnowski discussed what steps= were followed when a call is received regarding contamination.

Mr. Lynde asked if there was a minimum setback from th= e pond required. Mr. Zarnowski said = the required setback was 125ft. M= r. Lynde asked if there was anything in place that determined the extent that people could upgrade their property before it changed from seasonal to year-round and if there was an additional step, other than issuing a buildi= ng permit. Mr. Zarnowski said Ar= ticle K covered seasonal conversion, which required coming before the Board of Health. He said it was basica= lly a formality and they tended to rely on information from the Planning Departme= nt, Building Department and Assessor’s cards. From his understanding, Zoning didn’t have requirements. Mr. Lynde didn’t recall any hearing during the last 9-years.

Planning Director Jeff Gowan, who was seated in the au= dience for a later discussion, addressed the Board. He reviewed the criteria for conversion. Mr. Zarnowski sai= d he could only recall two hearings for converting seasonal to year-round in fro= nt of the Board of Health since 1978. He said the only jurisdiction was contained in Section 298. Mr. Gowan said usually when a pers= on needs to prove year-round residence pre-1990 they used affidavits from neighbors because other proof was difficult. He said in this particular case, he asked Building Inspector Roland Soucy to conduct an inspection. Mr. Soucy inspected the site for compliance and submitted a letter indicating everything appeared to be in o= rder (with no obvious septic failure). Mr. Gowan said after receiving the inspection letter, he sent a letter to the applicant (Mr. Donald Ronning) informing that the property could meet the T= own standards for year-round occupancy upon receipt of state approval of pending septic design. Mr. Gowan felt= there was room for improvement in the overall process and was willing to work with whomever to make it better. H= e said at this point they were following the administrative rules as best they could.

Mr. Lynde believed reliable data as to compliance coul= d be obtained by using information from the last appraisal of the Town (prior to= the most recent assessment). Mr. = Gowan said tax cards were reviewed, but felt they didn’t contain enough evidence to make a formal decision.

Mr. Bibeau asked if the Town was able to grant permiss= ion for the road to be cut since it was a private road. Mr. Zarnowski said the Town didn&#= 8217;t own any rights to the road. M= r. Bibeau said the road was washing out and they had to add rock to it every year. He was concerned that by digging it up there would be additional problems. Mr. Dingman said being a private r= oad, all abutting parties had simple interest to the centerline of the road. In this case the applicant owned l= ots on both sides and would have exclusive use because each was owned to the centerline of the road. Mr. D= ingman said the proposed design showed the pipeline as being completely within the= applicant’s property. He reiterated that = the state didn’t have setback requirements thus this application to the s= tate (if it cleared the Board) was not requiring any waivers and would meet crit= eria for year-round use. He explai= ned that the applicant was looking to make a more compliant situation.

Mr. Bibeau said he heard that a right-of-way could not= be blocked. Mr. Dingman said it = may be blocked momentarily while the trench was dug and the line buried. He pointed out that Gaston Road looped around to connec= t to Andover and Campbell so there wouldn’t be a problem with emergency access. Mr. Bibeau wanted to know, if the property was sold, who would be responsible for the road in the event of a washout.

Attorney Bill Mason, representing the applicant, said = if there was a breech in the line that resulted in the failure of the road the owner would be responsible for repairing the road. Mr. Bibeau said there was a lot of= rock in the road that would be dug up and filled back in with sand. Attorney Mason said construction w= ould require a building permit and inspections by the Building Inspector who wou= ld discuss the specifics in how the line was constructed. He was sure his client would ask t= he Building Department to oversee the construction even though it’s not a Town road, it would be done in compliance with how the Town would want it d= one if it were a Town road.

Mr. Lynde said there were two issues, one being the is= sue of the waiver, the other being how conversions happen. He said the Board was here to rule= on the septic system design and if it was acceptable under Article K. Attorney Mason said the discussion= was whether a gravity fed double sleeve pipe passes so that an individual could= discontinue use of his cesspool and put in a state of the art septic system on another = lot he owned. He said they are engineering such so they are persuasive enough to have the waiver granted; = the engineer has over-designed it with regard to the sleeving and depth at whic= h it would be located under the road. He said the design would be a good thing for the neighborhood.

Mr. Zarnowski said if the Board decided to approve the waiver it would be subject to inspections by the designer and certified tha= t it had been installed and compacted up to current acceptable standards. Attorney Mason said it was accepta= ble to them to mandate having someone from the Highway Department go out and see what’s being done and how it was being done to make sure it’s b= eing done to the satisfaction of the Town.

Mr. Domenico asked if the proposed system was less of = a risk to the environment in the area than the existing cesspool. Mr. Zarnowski said the existing sy= stem was by far causing probably some unforeseen and unnoticeable pollution at t= his point; it provides no treatment. &nbs= p;

Mr. Danevich wanted it reiterated that the pipe would = have a double sleeve and the system would dramatically increase safety over the current existing system.

MOTION:<= o:p>

(Domenico/Lynde) To approve the waiver to Article K, Section 295-16, regarding the setback distances to private wells with the conditions that the system, once installed would be inspected by the desi= gner of the system and also the Town and that no further expansion be allowed = of the residence.

VOTE:

(6-0-0) The motion carri= ed.

MOTION:<= o:p>

(Lynde/Domenico) To adjourn the Board of Health.

VOTE:

(6-0-0) The motion carri= ed.

The Selectmen reconvened. Mr. Lynde requested that the asses= sment records be utilized as a basis (one of the tools) in determining if somethi= ng meets the requirements of ‘pre-1990’ or not. The subject was deferred to Planni= ng Director Gowan to review and come up with an approach he could endorse to address the issue.

Continuati= on of Public Hearing of March 27, 2007:= Acquisition of conservation land identified on tax maps as Map 39 Lot 1-51

There was no one in the = public wanting to offer public input.

Appointmen= t of Greater Salem Chamber of Commerce Committee Representative: Louis ‘Lou’ Longo

Mr. Lou Longo, 4 Clark Circle met with the Selectmen to discuss= his request to be appointed as a representative to the Greater Salem Chamber of Commerce Committee. He said h= e saw the presentation made by the Chamber of Commerce and given his past experie= nce the position sounded interesting. He said the commitment might be difficult= for the Selectmen because the Chamber wanted consistency in the role, so he off= ered to be the representative for the Selectmen. He would attend the meetings and r= eport back to the Selectmen.

Mr. Gaydos said he and Mr. Longo would attend the next Chamber meeting pending the Selectmen’s decision.

The Selectmen appreciated Mr. Longo coming forward. Mr. Gleason made sure that Mr. Lon= go understood he wouldn’t have the authority to commit the Selectmen, but would be their representative to gather information. He noted that there was an opportu= nity for the Selectmen to meet the Chamber of Commerce on April 11, 2007 at Advanced Po= ol & Spa at5:30pm-7:30pm. Mr. Long= o said he received a copy of the meeting schedule and would be able to attend the meetings with the exception of one.

There was no objection by the Selectmen to have Mr. Lo= ngo be their representative at the Chamber of Commerce and to report back.

Appointment to the Zoning Board of Adjustment; Peter J. McNamara=

Mr. Peter McNamara met with the Selectmen to discuss h= is application for re-appointment to the Zoning Board of Adjustment. He said he had been on the board f= or eight years. Mr. Gleason said= he knew Mr. McNamara and appreciated all he did and the diligence and commitme= nt he brought to the board.

After a brief discussion the following motion was made= :

MOTION:<= o:p>

(Danevich/Lynde) To re-appoint Peter J. McNamara to = the Pelham Board of Adjustment with a term expiring March 31, 2010.

VOTE:

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

OTHER BUSINESS

Appointments to Council on Aging

Mr. Danevich read aloud the list of people recommended= for appointment to the Council on Aging. He explained that the Council acted as liaison between the Senior Center and the various Town boards and committees as well as being responsible for= any income/expenditures of funds that come into the council. The council is also responsible fo= r the monitoring of the nutrition program. The list of names was submitted and recommended by Senior Center Dir= ector Sue Hovling.

MOTION:<= o:p>

(Danevich/Lynde) To recommend that the list of people (submitted by Sue Hovling) be appointed to the Council on Aging for a ter= m of one year. =

VOTE:

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

Discussion: Citizen Corp Committee Charge

Fire Chief Michael Walker discussed the Citizen Corp Council, who worked underneath them. He said Mr. Gaydos sought out models of how the organizations were structured within Town framework; based on those suggestions a document was drafted and submitted to the Selectmen.&nb= sp; Chief Walker said the document codified the Pelham Citizen Corp Coun= cil and provides legal guideline and allows them to function under the direction of= the Selectmen.

Mr. Domenico asked if the community representatives currently existed, or if they had to be re-appointed. Chief Walker said they had to be reappointed. He said they wou= ld solicit applications and bring them before the Selectmen for recommendation.

Mr. Gleason asked if the council was currently in existence. Chief Walker answe= red yes. He said the document was= a formalization that brought the council under the Town. He said the biggest thing it did w= as have them fall under the Town’s insurance. Mr. Gaydos said the Board would ha= ve to vote to adopt the document and adopt the Pelham Citizen Corp Council as a T= own agency. Mr. Gleason asked if = there was any financial impact to the Town. Mr. Gaydos said if there was an impact, it would be minor because th= ey didn’t have any equipment. He said the liability they were assuming was a liability that volunteers alrea= dy assumed. The intent was to pr= ovide insurance coverage for volunteers who worked on behalf of the Town. He said they were volunteers= under the direction of the Fire Chief.

MOTION:<= o:p>

(Domenico/Lynde) To formally adopt the Pelham Citize= n Corp Council Committee Charge and accept them as a Town agency.

VOTE:

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

Chief Walker thanked the Selectmen. Mr. Gleason said the Town thanked = the volunteers for all they do in the Town.

CTAP Sub-Committee Appointments

Planning Director Jeff Gown explained what the Communi= ty Technical Assistance Program (‘CTAP’) was and how $3.5 million dollars had been set aside to help the twenty-six core communities impacted= by the I-93 widening. He said th= ey had been working to stretch the funds over a five-year period to help communiti= es to deal with the impacts. He = said there were a lot of year one programs that the Town could avail itself of.<= span style=3D'mso-spacerun:yes'> He said technical assistance could= be obtained through the Nashua Regional Planning Commission. Mr. Gowan said there would be no a= dditional cost to the community or additional impact on his budget for the CTAP program. He said the following people had volunteered to be on CTAP: Paddy Culbert -Planning Board; Paul Dadak-Conservation Commission; Dave Hennessey-Board of Adjustment; Bill Scanzani-CIP; Deb Waters-Forestry Committee. He said he would also attend becau= se he was on the steering committee. The Selectmen representative was Mr. Lynde; Mr. Gleason would be the alternate.

Mr. Gleason confirmed that the CTAP members who were a= lso members of Town boards would take the information from the CTAP meetings ba= ck to their boards. Mr. Gowan sa= id the information would also be brought back to the Selectmen. Mr. Gleason asked if any of the mo= ney could be used to offset some of the impacts due to developments on Sherburne Road. Mr. Gowan answered no; that was a separate thing.

Mr. Lynde asked if Pelham should expect some considera= tion from the impact of the development proposed for Hudson (Greenmeadow). Mr. Gowan said the development was separate from CTAP but informed he would be in attendance when the formal application was presented.

=

MOTION:=

(Domenico/Danevich) To appoint the following individ= uals to the CTAP Committee for a term of one-year: Paddy Culbert, Paul Dadak, = Dave Hennessey, Bill Scanzani, and Deb Waters.

=

VOTE:

(5-0-0) The motion carried.

First Report on Approved Warrant Articles

Mr. Gaydos said the list was drafted March 30, 2007 indicating the ‘money’ article status.

Article #13 - $100,000 for the Compensated Absence Fund – the money needs to be transferred to the Trustees of the Trust Funds.

Article #14 – specifications for the fire truck have been revised the lease rate = for 5-years was set at 4.22% - papers have been signed and the truck will be delivered in approximately 300 days. The Town will have continued access to the loaner truck.

Article #15 – hiring 4 new fire fighters/EMT – process has begun through advertising and posting R= 11; closing date for applications April 18^th – target date for staffing July 1, = 2007.

Article #17 – $40,000 for EEE and West Nile Virus Capital Reserve Fund – funds shou= ld be transferred to the Capital Reserve account – Town will need to bec= ome licensed as a place where applications can be made.

Article #18 &= #8211; Fire fighter’s contract – contract has been signed and took effect <= st1:date Year=3D"2007" Day=3D"1" Month=3D"4" w:st=3D"on">April 1, 2007.
Article #20 &= #8211; Highway Block Grant – the roadway repairs plan will be brought to the Selectm= en.

Article #21 – Willow Street Capital Reserve Fund – transfer of $35,000 will be received to the reserve fund.

Article #24 &= #8211; refurbishment of the Pelham Veteran’s Memorial Park bathrooms will be reviewed and specifications created.

Article #25 &= #8211; $35,000 for the Forestry Fund – the funds will stay in the fund until= the end of the year and the Forestry Committee will be asked to reimburse the T= own for any expenses up to that amount.

Article #27 &= #8211; $100,000 Senior Center Expansion – money will be transferred to the capital re= serve fund.

Article #28 &= #8211; designates Lower Beaver Brook as Prime Wetland – information requested from Cons= ervation Commission as to what maps and documents need to be updated.

Correspondence from Attorney David Groff

Mr. Gleason said the Selectmen were in receipt of a le= tter from Attorney David Groff. He read= the letter aloud. In summary ther= e were Pelham business owners who wanted the Pennichuck water service extended down Route 38; they requested that the Selectmen make the matter an ‘AR= 17; list priority and direct the Town Manager to invest the time needed to expe= dite the process since there was currently grant money available.

Mr. Gaydos said he met with the group of business owne= rs approximately one month ago with a representative from the state. He said he explained that the Sele= ctmen were working from a priority list and that he didn’t have the authori= ty from the Board to dedicate time. He informed them that the Selectmen would be working on their priority list and now would be the time to bring up the request.

Mr. Lynde asked for further explanation of the grant.<= span style=3D'mso-spacerun:yes'> Mr. Gaydos said the grant was a competitive process and would be due in the fall; the Town would be the sponsor. He said Pennichuck h= ad indicated they would do the work. The S= electmen’s input would be necessary for how they would interact with the Town. Mr. Lynde asked if Town legal funds would need to be spent. Mr. G= aydos didn’t believe so.

Mr. Danevich believed based on the ‘timing’ issue, the item should be bumped up on the priority list. Mr. Gleason said he would like mor= e detail such as if there would be adequate capacity at the <= st1:PlaceType w:st=3D"on">Mt. Vernon well. He also wanted to know = what the Town’s role would be. Mr. Gaydos felt at this point his involvement would be fundamental as to how th= ey would structure themselves and how they wanted to work with the state.

Mr. Domenico said if this was moved up in the priority= list, the item of extending Pennichuck down Marsh Road should also be reviewed.

There was further discus= sion regarding the request.

Mr. Lynde didn’t feel it would be out of line to= ask Pennichuck to provide an assessment of the capacity of the current system, = how much would be used and the potential impacts. Mr. Domenico discussed the fact th= at Pennichuck could only allocate a maximum amount less than the well could actually produce. He said the= issue would be the real usage.

Mr. Gleason asked Mr. Gaydos to inform the group that = the Selectmen would move the item up to be an ‘A’ on the priority list.

<= st1:PlaceName w:st=3D"on">Senior Cente= r Bus Policy and Job Description

Mr. Danevich said the Senior Center Director had been = tasked to put together a policy and job description in anticipation of the bus com= ing in. He said the policy had al= ready been adopted and implemented by the Selectmen. The bus driver job description had= now been received. Mr. Danevich r= ead the job description aloud. He= said he wasn’t comfortable putting the bus in service until the entire paperwork and due diligence had been done.= He asked that the Selectmen review the document and provide feedback= to Mr. Gaydos in the next 24 hours and delegate to him to put the bus in service.

There was further discussion if the job description was needed prior to the bus going into service. Mr. Lynde questioned who would tra= in the drivers. Mr. Gaydos said ther= e had been training, but didn’t believe that all the people who drive recei= ved the training. They would have= to understand all of the items contained in the description; it would be a mat= ter of reviewing each. Mr. Danevi= ch explained that the document defined what a ‘qualified’ driver was. He said having the documentation in place also helped for insurance purposes.

TOWN ADMINISTRATOR/SELECTMEN’S REPORTS<= /p>

Mr. Gaydos informed that the Conservation Commission h= ad been working with Attorney John Rattigan on a Purchase and Sales agreement = for the property they are seeking to acquire (Map 39 Lot 1-51). He said the owner was anxious to c= lose by April 15^th, but he had subsequently found out that they were willing to accept a deposit at the time and close in early May, 2007. He wanted to know if the Board was interested in signing a purchase and sale agreement and forwarding a deposi= t to the Town’s attorney to be held subject to their approval of the same sales agreement. Mr. Gleason confirmed that the purchase & sales contained adequate protection for t= he Town. Mr. Gaydos believed the= y had done all the due diligence. <= /p>

MOTION:<= o:p>

(Danevich/Lynde) To authorize Tom Gaydos to co-sign = (with the Conservation Chairman) the Purchase & Sales (for Map 39 Lot 1-51)= on the Selectmen’s behalf and cut the check.

=

VOTE:

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

Mr. Domenico and Mr. Lyn= de had no report.

Mr. Haverty informed he = started working on the framework for a communications plan.

There was a brief discussion regarding the Selectmen Representative appointment to the Planning Board. Mr. Domenico, who had been appoint= ed, had scheduling conflicts. Mr. Danevich was then appointed, but requested to be the alternate. Mr. Haverty was appointed as Selectmen’s Representative to the Planning Board.

Mr. Gleason said he spoke with the Park & Recreati= on Director who indicated there had been public criticism regarding the loggin= g at Muldoon <= st1:PlaceType w:st=3D"on">Park. He explained that the logging was necessary. He asked residents= to use caution during the process. <= /p>

REQUEST FOR NON-PUBLIC S= ESSION

MOTION:=

(Danevich/Haverty) Request for a non-public session = per RSA 91-A:3,II,b &e (Hiring of any person as an employee – revie= w of Police Chief applications; Consideration or negotiation of pending claims= or litigation)

=

ROLL CALL:<= /b>

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

Mr. Gleason 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 8:55 pm. Also present = was Mr. Gaydos.

The Board returned to pu= blic session at approximately 9:= 28 pm.

=

MOTION:=

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

=

VOTE:

(5-0-0) The motion carried.

ADJOURNMENT

MOTION:<= o:p>

(Danevich/Haverty) To adjourn the meeting.

=

VOTE:

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

The meeting was adjourne= d at approximately 9:28 pm.

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    Respectfully submitted,

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

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    Recording Secretary