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Town of AmherstBoard of SelectmenMarch 19, 2007
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Dr. James Starke, Chairman, called the Board of Health to order at 6:00 p.m. Selectmen present: Bruce Bowler, George Infanti, Thomas Grella, Reed Panasiti and Brad Galinson. Also present: Deputy Health Officers Charlie Tiedemann, Mary Katherine Lockwood and Executive Assistant Sharon Frydlo.
Dr. Starke explained that Mr. Tiedemann had invited folks from SeptiTech to talk to the Board about the sizing of the dispersion field associated with their system. The discussion would be about having a 75% reduction vs. a 50% one.
Representatives from SeptiTech were: Diane Langlois, New England Sales; Bob Myers, New England Sales Manager and Josh Cobb, Environmental Engineer. Ms. Langlois spoke about SeptiTech’s history in receiving approvals in the States of Maine and New Hampshire. She commented they had been pretty successful in their 75% reduction and some designers in New Hampshire use 50%. Most residential systems use the 75%. She knew Dr. Starke’s concern, particularly in the Baboosic Lake area, of the impact on the Lake. Mr. Cobb talked about the setbacks on parcels because of wells, etc. and using their system with 75% reduction will fit on the lots and have extra room. Their system was doing most of the work for the BOD [biologic oxygen demand] and TSS [total suspended solids] and was taking it away from the soils – the treatment wasn’t over at that point, there was still a bit more to do and the soil wouldn’t have to do as much work. By reducing it from 75% to 50% they would be putting themselves into a “whole different problem set” and people will be worrying about their neighbor’s radiuses and the Lake – by keeping the treatment smaller, they were better off.
Mr. Cobb handed out SeptiTech information on Commercial and Residential Wastewater Pretreatment Systems. He believed that every system that went into parcels at Baboosic Lake goes in with a denitrification system that contains two tanks and was having problems with the setback areas.
Dr. Starke commented that failures could be due to faulty systems and that he had seen some failures. Mr. Cobb replied that they have had some failures because of contractors having problems. SeptiTech does not design or size leachfields - the site evaluators do this. They depend on them to determine what size the system should be.
Dr. Starke spoke about phosphates being increased in volume, and while not a concern of public health, it was a concern that they stay in the Lake forever. Nitrates are a problem and have to be reduced significantly before they were safe, septic systems produces them as a by-product and is acted on by the bacteria in the field. He talked about surges in the system and also commented that the State has been laxed and had not done many studies itself. Amherst was one of the few areas which follows what the EPA dictates. He talked to the National Environmental Service at the University of Virginia and asked what their suggestion was. They thought 50% reduction would be average. He proposed 50% reduction and they can always give special exceptions – he did not believe it should be 75% as suggested. He asked the Board for comments.
Mr. Infanti felt the record of this particular system was accurate and depended on the installer. It appeared that the 75% reduction seemed to work all right. The ultimate goal would be 50%, but he was unsure if it was realistic. In response to Dr. Starke’s question, Mr. Infanti remarked that people can’t move in legally year-round. Compared to systems they used in the past, this seems to be a very effective one. Dr. Starke mentioned that Baboosic Lake was going to change from seasonal houses to year-round and the entire water table was going to be polluted with nitrates and spoke of medical issues that can be caused by them.
Mr. Grella asked Mr. Tiedemann if there was a history of data associated with the SeptiTech System or any other pre-treatment systems, regarding test results. Mr. Tiedemann responded “no”. The only history they have had is that they haven’t had any failures. Ms. Langlois indicated SeptiTech could provide the Board with data on test results. Mr. Tiedemann asked the SeptiTech representatives to talk about the denitrification system (see the attached detailed explanation and layout on denitrification and nitrification) presented by Mr. Cobb.
Debate continued between Dr. Starke and SteptiTech representatives resulting in Ms. Langlois presenting Mr. Tiedemann with a SeptiTech handbook that talked about comparisons and also supported Mr. Cobb’s explanation. Relative to July 4th surges (for example), Mr. Cobb explained how they could control the surges with a high water alarm that tells them that something was wrong with the system, as well as the homeowner.
Mr. Grella asked if they had mentioned before if they have to have certified installers. Ms. Langlois explained they worked with all of their installers using septic system videos, they deliver their tanks and technicians go out to the site when the tanks were delivered. The systems come fully complete from Maine along with a few simple installations messages with their technicians walking the contractors through the installations. Mr. Cobb added that prior to the system being set up, another technician goes out to the site.
Dr. Starke commented that with all of this in place, some systems in Town were failing. Mr. Tiedemann explained that the problem was that those systems were not vented properly. In response to further questions by Mr. Grella, it was pointed out that the Town receives a yearly report on the monitoring of Baboosic Lake by UNH. Ms Langlois further explained that all of their commercial systems had a modem and a direct dial to them and they know if there was a problem. They have a Service Department 24/7, however, there are times they have the ability to turn the system back on before a technician can get to the site and turn it back on.
Mr. Bowler commented that as a resident in the area, this was one thousand times better than what has been done in the past. He did not have a problem with 75%, after hearing more than what he was personally aware of. He has not heard of any surge issues that Dr. Starke was concerned about. He personally did not have a problem with granting 75% on more land than most of his neighbors and he couldn’t put on his parcel without going for waivers. He had a problem that if you live at the Lake, you have to have 75%, but if you lived in the Village you don’t need the 75% and to pick a specific area was ridiculous. Dr. Starke argued that the Village wasn’t on a Lake. However, Mr. Bowler reminded them that it was sitting on a major aquifer. Dr. Starke spoke of Baboosic Lake being a “sick lake” because it has so many phosphates. He said he was trying to give them the best professional advice and had presented this to the Board of Health since the time he had been appointed and recently put in approximately 60 hours of research into the matter.
Further questions and answers ensued on the matter of testing, what the State of New Hampshire allows and the reduction of 50% v. 75%. Mr. Bowler moved to go town-wide with 75% reduction, second by Mr. Infanti. After a brief discussion, Mr. Bowler amended his motion that they continue to include the denitrification processor, second by Mr. Infanti. Vote: 5-1-0, Dr. Starke opposed.
Mr. Tiedemann added that this now will allow everyone that comes in to know what the rules are. Mrs. Lockwood briefly spoke on the matter. She commented that UNH monitors the Lake and also the aquifer. Mr. Bowler indicated that it was systems such as this that can fit on lots at the Lake, they will make it better and the Lake will in time recover. Mr. Cobb commented that Amherst was years ahead of everybody else because they were asking for a denitrification system and “miles ahead of the game”. SeptiTech was still a small company trying to grow. Mr. Bowler thanked the folks from SeptiTech for meeting with them.
It was moved and second to adjourn the Board of Health at 7:14 p.m.
Regular Board of Selectmen’s Meeting
Citizens’ Forum
Mr. Bowler called the meeting to order at 7:19 p.m. Town Administrator Gary MacGuire joined the Board at this time after sitting in the audience.
Linda Kaiser, Manchester Road, talked about the content of several broadcasts on Amherst’s Channel 20. After several phone calls, she ended up calling Channel 13 to discuss the legalities of Public Access TV and was advised about what some towns were doing. She asked what the Town’s standards were and if the Town doesn’t have any, maybe it should. CIC Chairman Doug McAllister addressed her questions. He explained that three years ago, when they started their first broadcast, they developed standards which are published on the Request Form that needed to be filled out in order to have something broadcast. Essentially they choose not to become involved in making a decision on what should or should not be broadcast. Their policy is if someone gives them a CD or DVD, they will make a determination of when it was to be broadcast – nothing says they have to do it, for example, at 3:00 p.m., they could run it at 3:00 a.m. If someone doesn’t like this, they have the right to appeal. They do not broadcast anything that isn’t sponsored by a Town of Amherst resident. They have to read, fill out and sign Amherst’s policy. He added that the Committee does not run anything without those kinds of procedures. Mrs. Kaiser commented that the law specifically say it should originate in the Town and the question is, “what does this me to us”. The Board asked “what law”. Mrs. Kaiser did not know and indicated she was “just throwing this out”.
Deirdre Rogusky, representing the Master Plan Committee, explained they were having their first Master Plan workshop on Tuesday, March 27 at 7:00 p.m. at the Middle School. They were hoping for at least 100 residents to attend who will break out into ten groups.
Cal Wood, Woodland Drive, thanked each member of the Board for placing the Veterans Tax Credits on this year’s warrant. He also thanked the voters in the Town of Amherst who approve it.
Reorganization of the Board
Mr. Bowler congratulated and welcomed the newest Selectman Brad Galinson. He advised that before meeting with MRI, they needed to choose a Chairman and Vice Chairman. Mr. Infanti nominated Bruce Bowler for a second term as Chairman as he had done a good job, second by Mr. Grella. Vote: 4-0-1, Mr. Bowler abstained.
Mr. Galinson moved to nominate George Infanti, the next senior member, as Vice Chairman, second by Mr. Grella. Vote: Unanimous.
Untable Abatements – MRI Representative
David Hall Trustee M/L 8-77-83 – Mr. Bowler indicated the Board had discussed this in the past and had asked the applicant to prove if the lot unbuildable. He was going to the ZBA and the Board wanted to know how long they could table this. Joe Lessard advised they could leave it on the table until July 1st and has asked for them to hold it until he gets a decision from the ZBA. There would be no problem as long as he got a decision before September lst.
DREK, LLC M/L 1-29-6-11 – Mr. Infanti explained he had done quite a bit of research into this abatement and his major concern was the devaluation of the property. It was explained to him that this parcel had been carrying all the land value for the entire property. Mr. Lessard indicated it was the only unit out of four that had a land value and the only condo out of about 500 in Town that carried land. Mr. Infanti felt it was low for a piece of property on 101A so it was his feeling that maybe they should look at the whole complex. He should have known, he said, that many of these properties have no land value. He had looked at Milford who does it the same way. However, from his experience in buying a vacant piece of land ten years ago for $225,000 near Burger King it became a concern. He understood why this is done, but was still wrestling with them telling him that a piece of real estate on a prime road has no land value. He could understand 60 condos in Gowing Woods that the land is built into each condo unit’s value.
Mr. Lessard indicated that the only true measure is sales of similar properties. In this development there was one sale in 2005 that indicated the assessment was very close to the sales price and this is the best indication of value. It is hard to compare land in a residential/commercial development with a vacant piece of land. There has to be an agreement with all condo owners to do something with the land. It is hard to compare land already developed with that of land that has single ownership. When the Vision data got changed this unit was not and it should have because it was part of the three other units. It appears to be in line with other units of the same size and the one sale.
Mr. Infanti mentioned he had checked with two other towns and he understood this better and understood it was equitable. Mr. Lessard told the Board he wanted them to ask questions, they could have a difference of opinion on value so MRI should be able to explain things. In answer to both Mr. Grella and Mr. Panasiti’s questions, Mr. Infanti indicate it is the same whether it is Atherton Common or The Ledges and they all have the same philosophy. Mr. Lessard added that the taxes on both of them are based on the total value even though it is a commercial office condo or an office building with its own land. Mr. Infanti reminded the Board they had a question on open space land and after review basically it is the same thing – 8-10 houses on their own lot with equally shared open space. Mr. Infanti moved to grant the abatement, second by Mr. Grella. Vote: 4-0-1, Mr. Galinson abstained.
Mr. Lessard commented that two letters had been sent to people who indicated their land was unbuildable. Mr. Balcom indicated he was out of the State. Mr. Infanti moved to keep those on the table until May 1st, second by Mr. Grella. Discussion: Mr. Bowler asked that Michele send a letter to them extending the time for them to get in their information to the Town. Vote: Unanimous.
Mr. Bowler mentioned they had tabled another issue for more information on land value at 51 Boston Post Road. Mr. Lessard apologized that he had not seen this request, but will meet with Michele and review it.
Mr. Bowler stepped down and Mr. Infanti chaired.
Bowler & Stratton M/L 25-22 – Mr. Infanti explained that the applicant had given them some comparables on other pieces of land that had less value and someone gave comparables that were assessed for more. The Board could not understand why lakefront property would be worth less than this small lot even if there were topography adjustments. Mr. Lessard was unsure of the specific lots as well as the additional property record cards. Although the subject property is small, it is already improved and the other parcel was not improved and he couldn’t answer their questions. Mr. Infanti indicated that 11 Washer Cove’s assessed land value was $115,900, 15 Washer Cove .06 acre was assessed at $88,100 and 16 Washer Cove $90,100. Mr. Lessard commented that the parcel with the A-Frame had a condition factor of 50% and the reason it was assessed at a little more than 50% of the subject property – it could be topography or it could be shape. 16 Washer Cove also has a land condition factor of 50%. The other properties were ones Scott felt were closer to the subject property that didn’t carry the 50% condition factor. Mr. Infanti commented that perhaps they were not charging enough for lakefront property and he would like to have this looked at. Mr. Lessard explained this was one request he didn’t see and perhaps they were not charging enough for lakefront property. He will review what Scott had done. Mr. Infanti moved to leave this application on the table for further review, second by Mr. Grella. Vote: 4-0.
Mr. Bowler returned to the Board and Mr. Infanti stepped down from the Chair. Mr. Bowler asked Mr. Lessard where they stood number wise in the number of abatement requests – in the past they were talking about 51-52. Mr. Lessard remarked he was not sure. With nothing further, the Board thanked Mr. Lessard for his time.
Award Playing Fields Construction Bid
Mr. MacGuire advised what they were looking for originally was to award the bid. In a discussion with the Recreation Director, he was asked that this be deferred. Mr. Panasiti added that there was a discussion on proper procedure on whether the Town should accept it or the Amherst School District. There was a meeting on Thursday.
Reorganization of the Board
The Selectmen chose their new assignments to committees and commissions as follows: General Government: Personnel - Mr. Infanti, CIP – Brad Galinson; Emergency Services: Police – Mr. Infanti, Fire – Mr. Bowler, EMS – Mr. Panasiti, Communications – Mr. Panasiti; Planning & Zoning: Conservation – Mr. Panasiti, Planning Board – Mr. Infanti, Historic District – Mr. Grella, Heritage Commission – Mr. Grella, PMEC Advisory Board – Mr. Galinson; Public Works: Highway – Mr. Grella, Landfill/Septic – Mr. Bowler, Cemetery Trustees’ Liaison – Mr. Infanti, Highway Safety – Tom Grella, Town Buildings – Mr. Bowler, Stormwater II – Mr. Panasiti, Road Commission – Mr. Grella; Recreation & Culture: Recreation – Mr. Panasiti, Library – Mr. Galinson; School Districts: Amherst – Mr. Grella, Souhegan – Mr. Grella; Other: CIC Committee – Mr. Galinson, OSAC – Mr. Galinson; Souhegan Regional Landfill: Mr. Bowler.
Other Business
Mr. Bowler asked to have an official vote to authorize the Chairman of the Board of Selectmen to attend the ZBA meeting on Tuesday night to relay the Board’s support as it related to town-owned property at 3 Norton Street. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti reiterated Deirdre Rogusky’s comments on the Master Plan meeting on Tuesday, March 27 at 7:00 p.m. at the Middle School. This was a very important one because they would like to have as many people attend and get their input. This was going to shape the future and character of the Town for many years. He would like to see more people attend these meetings than have been. Instead of having people say they don’t like what was done, they need to be part of the process to be part of the outcome.
Mr. Grella briefed the Board on the Tree Committee. Bruce Berry has been in touch with the person who works with the State and the person in charge of appointing Tree Wardens. The Selectmen make a recommendation, it is reviewed by the State and then an appointment is made. Relative to Tree City USA designation, someone will be coming to the next HDC meeting to explain the benefits and if they feel it worthwhile, perhaps they will come back next year for an appropriation. Mr. Bowler felt it would make more sense to have them meet with the Selectmen rather than the HDC sometime in May. Mr. Grella volunteered to set something up.
Mr. Panasiti advised one of the items he was going to report on was Access TV. He also reported that that in 2005, the Odell property on Horace Greeley was given to Marjorie Odell and was unsure what Cynthia Dokmo needed. Mr. Bowler mentioned that the Selectmen voted to accept the property contingent on what Conservation decided. He was also not sure if they could do a Phase I because it was so wet. Mrs. Frydlo told the Board that in the past, Conservation had done their own Phase I Environmental Study. Mr. Infanti commented that if they want to walk it, they could and it might be a good thing.
Mr. Galinson reported that he was looking forward to starting with the committees and sitting on the Board.
Minutes
Mr. Infanti moved to accept the minutes of the Board of Selectmen of March 12, 2007, second by Mr. Grella amended as follows: Line 192 – Change “was” to “will be”; Line 195 – Change “Mr. Dinkel” to “Mr. Panasiti”. Vote: 4-0-1, Mr. Galinson abstained.
Mr. Panasiti remarked that someone had asked for lapel microphones. Mr. McAllister advised that the cost is approximately $1700 each and they bought one for field work. He briefly explained the difference between the microphones that sit on the table, after the question was asked.
Mr. Infanti moved to adjourn the meeting at 8:28 p.m. second by Mr. Grella. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant