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Town of AmherstBoard of SelectmenFebruary 13, 2007
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Chairman Bruce Bowler called the meeting to order at 7:00 p.m. Selectmen present: Thomas Grella, George Infanti, Reed Panasiti and Jay Dinkel (at 7:40 p.m.). Also present Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
There were no comments or concerns brought forth.
Planning Director Charlie Tiedemann met with the Board. The Board had received from him a recommendation of the proposed revisions along with a spreadsheet Mr. MacGuire had prepared. Mr. Tiedemann explained the fees dealt with various applications associated with site plans, the Historic District, ZBA, etc. He also looked at building permit fees and compared Amherst’s to four other towns. The Board questioned the difference between a minor and major site plan. Mr. Tiedemann explained a minor site plan is less than 50,000 s.f. for commercial/industrial and a major one is everything else above that number. Milford has the highest fees, followed by Merrimack and then Amherst with Bedford and Hollis being the lowest.
Mr. Infanti briefly described his experience in Milford and asked Mr. Tiedemann if he was uncomfortable with going over $500 for review fees. Mr. Tiedemann explained reviews consisted of his time as well as his clerk’s time. A minor site plan review could be a minimum of three hours of his time. Some reviews, such as drainage, were sent out. He had added an application fee for some reviews they did not charge for before. In the case of a minor site plan, the fee would be $625. Mr. Infanti felt $500 was more than fair for everybody. Mr. Bowler commented that this would cover Mr. Tiedemann’s time but not the various Department Heads that were also involved in the review process. He felt that Amherst’s fee at $500 was a bargain compared to their neighbors’ fees.
In response to Board questions, Mr. Tiedemann advised he did the reviews typically along with five other people and he tabulates all the responses. He averages between 12-18 site plans per year. Mr. Panasiti suggested charging an hourly rate based on how many people were involved and could use an “up to” amount. Mr. Tiedemann did not think they wanted to get into this position because everything costs money – electricity, heat, how many times the copier was used, etc.
The Board discussed whether or not to charge three or five cents per square foot. Mr. Bowler was in favor of charging the square foot number. Mr. Infanti thought this more reasonable, on the conservative side for making money and was a point Bill Drescher has always made about charging fees. He was a bit leery about going with what other towns charge in case of being challenged. The Board suggested charging three cents for both major and minor site plan reviews. Mr. Tiedemann commented that he had no problem with doing what the Board wanted, but it was not his choice.
The Board debated the issue further - Mr. Infanti felt that three cents was a fair number and below the average. If someone had a small space, it would cost $30. Mr. Tiedemann suggested capping the major site plan. He briefly spoke about F.W. Webb’s facility on eight acres and felt they needed to cover all their expenses as well as being fair with everyone. This particular fee would not have to follow the COLA, he said. They could add to the fees July 1st so that they were not budgeting six months at one fee and six months at another. Mr. MacGuire felt that it would not make a substantial difference in one year. He would like to stick with the one CPI number that the Town determines in September or October. Mr. Tiedemann wanted to start as soon as possible with the new fees.
In response to Mr. Infanti’s question, Mr. Tiedemann explained that the penalty being proposed is associated with building permits and people beginning construction without them. Many towns have instituted surcharges and while the Zoning Office is accommodating this is a problem that is getting worse. The Department does not charge for re-inspections and do not give people a hard time on this. When someone does something ahead of time it creates problems and it is hard to fit people in for the inspections.
Mr. Infanti moved that they accept the new Amherst Planning and Zoning Fees as revised – site plans major and minor at three cents per square foot with a maximum of $5000, second by Mr. Grella. After a brief discussion, the vote was unanimous. Mr. Bowler indicated that the COLA would start January 1, 2008.
Mr. Tiedemann advised they would be having the Stormwater hearing on the 21st and within 30 days regulation would be up and running. Originally he thought he would key the fees into something similar with the NRSR. He would like to see how it goes for awhile and see how much is involved in the review. Mr. Infanti thanked Mr. Tiedemann for the time he had put into the recommendations.
The Board briefly discussed when to hold the next Board of Health meeting and when members were available to discuss the Stormwater II regulations. Mr. Bowler commented that they were fortunate hat they had a person living in Town that was an expert on the matter.
Petition – Personal Non-Commercial Recycling of Selected Materials
Mr. MacGuire advised they had received a petition from a resident requesting modification of their policy at the Transfer Station of “no dump picking”. This had been forwarded to Bruce Berry for comment. His response was two part – one was a management issue and who would oversee this and the other was that some of the material had some value to the Town and what was okay or not okay to take. He had contacted a Primex representative because the Town is being sued over an issue that happened last year. Their response was that access for “dump picking” created a large liability and something he felt strongly about. Mr. Berry was looking at this as a management nightmare. The Swap Shop was their answer to this and maybe this could be tweaked to meet the goals of their citizens. They did not want to go down the path of selective dump picking, especially by going against Primex’s advice.
Mr. Panasiti and Mr. Grella agreed with this. Mr. Infanti explained he had asked one of the petitioners who was on the Recycling Committee why he signed it. This person advised he had found two lawnmowers at the Transfer Station that ran. He also found a dehumidifier that needed a minor fix. There were three or four different appliances that were recycled. He also agreed with the other Selectmen and Primex’s recommendation. Mr. Bowler indicated he had talked to him too as well as Mr. Berry. They have the Still Good Shop and were relaxing some of the regulations they had put on it before. Mr. Grella moved to support Bruce Berry’s recommendation, second by Mr. Dinkel. Vote: Unanimous.
Sign & Approve Recommendations
Mr. Bowler advised that all the recommendations had been reviewed by Scott Marsh of MRI.
Veterans Tax Credits Denied
Mr. Infanti moved to deny the Veterans Tax Credits to Frederick Dolloff, Arthur Anderson, Christopher Parker and Brent Irish, as they do not meet the criteria, second by Mr. Grella. Vote: Unanimous.
Veterans Tax Credits Approved
Mr. Infanti moved to approve veterans tax credits to: Kevin McAdams (M/L 2-2-5), Werner Rauscher (M/L 2-2-61), Michael Nadeau (2-2-73), Ronald Labonte (M/L 2-2-74), Charles Hume (M/L 2-12-9), Larry Sohre (M/L 2-73-26), Daniel Long (M/L 2-87-78), Peter Pritchard (M/L 2-146-54), Jason Kolligs (M/L 2-164-10), Thomas Keaveney (M/L 3-56-16), Garrett Keane (M/L 4-58-2), Ronald Bonenfant (M/L 4-79), Virgill Orff, Jr. (M/L 4-138-14), Michael Kennedy (M/L 4-702-5), Joseph Baclawski (M/L 5-16-24), Richard Roop (M/L 6-28-14), Ernest Hemberg (M/L 6-28-21), Steven Wall (M/L 7-17-62), Steven Murray (M/L 8-16-27), Kenneth Smith (M/L 10-67-42), James Warren (M/L 17-12), Phillip Monagle (M/L 18-3-1), William Lodes (M/L 19-18-1), David Hanlon (M/L 21-16), Anthony Pirri (M/L 6-28-32), Edward Griffin (M/L 2-12-4), Neal Benson (M/L 24-47), Richard Brown (M/L 2-98-31-G), Donald Dufresne (M/L 2-98-17), George Keiper (M/L 6-38-14) and Harrison Noyes (M/L 3-66-3), second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to approve Reed Panasiti for a Veterans Tax Credit (M/L 20-24), second by Mr. Grella. Vote: 4-0-1, Mr. Panasiti abstained.
Abatements Denied
Mr. Dinkel read the recommendations for the denials. Mr. Infanti moved to deny Raymond & Jennifer Tunstall’s request, 10 River Road (M/L 4-66-5), second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to deny Eleanor Balcom, 7 Craftsman Lane (M/L 12-2), second by Mr. Grella. Discussion: Mr. Dinkel mentioned there was a time limit of March 1st for applying for an abatement. Mr. Bowler advised this lot was across the street from her residence and contains a great deal of swamp area. Mr. Infanti did not disagree, but felt they had to look at what the Assessors and Building Department says. Mr. Dinkel said the question was “did she have any evidence”. Mr. MacGuire explained he had looked at this with Charlie and in talking to Scott there was a place where a house could be built. There are people’s opinion that lots are unbuildable, however, the burden goes back to them to prove the case. Mr. Dinkel remarked that if they leave this request open, it would provide them the opportunity to prove this. Mr. Infanti amended his motion to table this request and to send a letter stating they have until March 1st to give them some evidence that it is not a buildable lot, second by Mr. Grella. Vote: Unanimous.
BTLA Settlements
The Board recalled approving these settlements previously, however, Mr. Infanti moved to approve a settlement for 12 Howe Drive (M/L 2-34-6) – previous assessment $1,640,000, new assessment $1,175,000, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to approve a settlement for 5 Howe Drive (M/L 2-34-3) – previous assessment $1,318,300, new assessment $1,050,000, second by Mr. Grella. Vote: Unanimous.
Abatement Recommendations
Mr. Dinkel read the recommendation for an abatement on 2 Juniper Drive M/L 3-82-1 - previous assessment $260,300, new assessment $254,300, abatement $6,000, tax dollars $112.98. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on 1 Fox Run Road Unit 12 M/L 3-67-1-12 – previous assessment $325,700, new assessment $236,800, abatement $88,900, tax dollars $1673.99. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on 121 Hollis Road M/L 1-15-2 – previous assessment $406,300, new assessment $400,800, abatement $5,500, tax dollars $103.57. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on 33 Merrimack Road Unit B M/L 14-24-2 – previous assessment $226,700, new assessment 206,900, abatement $19,800, tax dollars $372.83. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on 3 Newbury Drive M/L 4-57-16 – previous assessment $391,800, new assessment 388,100, abatement $3,700, tax dollars $69.67. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on 1 Route 101A Ledges Unit 1 M/L 1-29-6-1 – previous assessment $537,600, new assessment $234,100, abatement $303,500, tax dollars $5,714.91. Mr. Infanti reminded the Board that this was sent back because they felt the rest of the complex should be reassessed. He felt this was too low and had said this before. Mr. Dinkel commented that the Condo Association must pay for the land. Mr. Infanti remarked that based on his experience, a vacant piece of land eight years ago ran approximately $230,000. His question did MRI do anything when the Selectmen sent it back the last time. Mr. Dinkel mentioned they reviewed it on December 18th and there was a subsequent answer. Mr. Bowler agreed that the other buildings should also be looked at. Mr. Infanti moved to table until more information is received, second by Mr. Grella. Discussion: Mr. Infanti asked to see comparables and have them review the other properties. He would also like to see what the Condo Association was paying for land taxes. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on Old Mail Road M/L 8-53-21 – tax dollars $6.00. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on 51 Boston Post Road M/L 5-155 – previous assessment $211,000, new assessment $188,600, abatement $22,400, tax dollars $421.79. Mr. Infanti advised he had looked at this property because he was asked to and thought the land price was high. He would be comfortable having MRI review the land as well. Mr. Bowler was also called and was asked how to go about this. Mr. Infanti suggested asking MRI to look at the land comps in the neighborhood. Mr. Infanti moved to table, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel read the recommendation for an abatement on 6 Manchester Road M/L 17-77 – previous assessment $471,700, new assessment $362,000, abatement $109,700, tax dollars $2,065.65. Mr. Grella moved the abatement be granted, second by Mr. Dinkel. Vote: 4-0-1, Mr. Infanti abstained.
Mr. Dinkel read the recommendation for an abatement on 33 Merrimack Road Unit C M/L 14-24-3 – previous assessment $240,000, new assessment $199,800, abatement $40,200, tax dollars $756.97. Mr. Infanti moved to approve, second by Mr. Grella. Vote: Unanimous.
Voter’s Guide
The Board briefly reviewed the Voter’s Guide. Specific praises were given to Mr. MacGuire for a fantastic job done in explaining the warrant articles and what the Selectmen wanted to accomplish.
Mr. Panasiti mentioned that he believed W&M were meeting that evening and may change some of their votes. Mr. MacGuire advised there was a possibility they may reconcile some of their votes and had told them the Town Report had already gone to the printer. Bruce Berry had also met with one member of the committee. Mr. Bowler thanked Mr. MacGuire for the work done on the Voter’s Guide as well as the presentation at the Deliberative Session.
Minutes
Mr. Grella moved to approve the minutes of January 16, 2007, second by Mr. Dinkel, amended as follows: Line 99 – Place “CLD” in front of “engineers”; Line 108 – Strike “most” and replace “be” with “start”; Line 163 – Correct “born” to “borne”; Line 230 – Change “generation” to “generator”. Vote: 4-0-1, Mr. Dinkel abstained.
Mr. Infanti moved to table the minutes of January 22, 2007 to the next meeting, second by Mr. Grella. Vote: Unanimous.
Other Business
Mr. Infanti reported that the Master Plan meeting scheduled for February 14, 2007 was going to be postponed.
Mr. Grella reported that there will be a joint meeting between the Historic District Commission and the Heritage Commission to talk about mutual concerns. One thing to be discussed was failure of some people to apply for permits within the Village District and they may go along with some type of fine procedure. Mr. Bowler remarked that this could go along with Charlie’s 150% penalty. Mr. Grella added that many are also failing to get permits for cutting down trees.
Mr. Dinkel reported that OSAC met on Monday and they have a final draft of a Land Acquisition Policy. He will electronically forward it to the rest of the Selectmen for their review.
Mr. Panasiti met with the Recreation Commission this week, but had nothing further to report. Heather was doing a remarkable job putting together the Stormwater document to be presented to the Planning Board.
Mr. MacGuire advised that their share of the Voter’s Guide was due to go to the printer on Friday. If there were major changes from the Department Heads, he will send it to them electronically.
Mr. Bowler reported he had attended a SRLD meeting and they had gone through audit firm proposals.
Doug McAllister, CIC, advised he had three positions expiring in 2007 and will have a candidate for the Selectmen at their next meeting.
Mr. Infanti congratulated former Selectman Marilyn Peterman on becoming a grandmother.
Mr. Infanti moved to adjourn the meeting at 8:53 p.m., second by Mr. Grella. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant