|
|
Town of AmherstBoard of SelectmenApril 16, 2007
|
Chairman Bruce Bowler called the meeting to order at 7:07 p.m. Selectmen present: George Infanti, Reed Panasiti, Thomas Grella and Brad Galinson. Also present Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Sue McCarthy, 50 Broadway, had several questions as they related to the rules and regulations for the Baboosic Lake Septic System for the next phase. She indicated that there was very little in the document that protected her. She quoted from the documents about easements, rights of access for maintenance repair and that every property owner shall comply as the rules and regulations may be amended from time to time. She commented on costs that may rise from year to year, felt the document was “open ended” and there was nothing that indicated she had to pay a sewer fee and what those numbers might be. Mr. Bowler explained the charges were to install the system and they know what this would be. There is a set dollar amount, plus interest, because there is a bond that the users were liable for. Year one was broken out over a ten-year period plus electrical and plumbing hook ups. Any future needs would be paid for by the users. Unless something happened to the system, it would be similar to a homeowner maintaining it. This year, she would be paying $8-10,000 over a ten-year period. The fee is the maintenance and installation of the system after the grant is used.
Mr. MacGuire advised what she was asking was a bit premature as all the Town was seeking at this time was her intent and then they were going out to bid. The Board reiterated that if something happened to the system it was recharged back to the users. From the house to the system would be her cost. If the system failed, the Town would fix it and the users would have to pay for it. If she did not want to hook up now, when the line was being put in, a “stop” would be put in front of her house. Mr. MacGuire also reiterated that the key to what she received was a commitment to her interest in the next phase. Mr. Bowler commented that no one disagreed on Phase I. As a citizen, he urged for more restrictions. The Board has tried to work with the residents to do the right thing in the area and they were fortunate that the State has given them hundreds of thousands of dollars for this.
Mr. Bowler advised that EMS Director Brian Gleason and Fire Chief John DeSilva were present to give them a current update on the flooding situation and roads closed. It was the Board’s hope that this would be televised on Channel 20, but other than the newest appointed member, Dan Sadkowski, no one else was present to assist in the telecast and Dan was unable to do it alone.
Chief DeSilva reported the major concern was Souhegan High School with water being two feet from the building. According to a website, in Milford the Souhegan River had crested and had started to fall. Highlighting a portion of his report, with the exception of a few homes on Stearns Road, they had a few displaced residents with most of the problems being wet basements. Some of the flooding issues were at Boston Post near the canoe port, Horace Greeley between Schoolhouse and Brook Road, Stearns Road was impassable, Route 101 near the Transfer Station the State anticipated before midnight opening this section, there was water across Fairway Drive, water in front of Wilkins School should be passable by a car within a number of hours. In response to Mr. Panasiti’s question, the Chief indicated that the only concern was at the High School and there was no water in the building when Deputy Chiefs Matt Conley and Bill Campbell entered the building. Still closed was Ponemah Hill Road in the area of the driving range. He had talked to State DOT workers and cones were placed on Route 101 and the water had receded.
Mr. Bowler asked about manpower. Director Gleason spoke about working with mutual aid to areas Amherst could not get to and areas where Amherst could cover in other towns. Chief DeSilva advised the majority of their people went straight to the station with the exception of one or two people. Mr. Bowler thanked all the Department Heads as well as the short staff at the Police Department and mentioned that DPW Director Berry was still out there with his crew. He commented that they had an easy winter, but that the month of April was different. Director Gleason thanked the Town Administrator as well as the Selectmen that went out with them on road closures and rescues.
Mr. Bowler indicated that when a road says “CLOSED” it was for a reason. He spoke briefly about an incident where he, Selectman Tom Grella and EMS Director Brian Gleason came upon an 83 year old resident that they rescued from the water.
Amherst’s Farmers’ Market – Eileen Cavallaro
Mrs. Cavallaro told the Board she would like to renew her permit. This was the fourth season and the hours would be the same as in the past – Thursdays 2:30-6:30 p.m. June 7 through October 11. They were requesting to have A-frame signs at the following locations: The Green, Transfer Station, Triangle, Amherst Street and a new one at 122 and Merrimack Road. Offsite vendor parking will be at the Larivee’s and the Amherst Congregational Church. They were requesting to have the dairy truck park at an entry way to the Green. Also during the end of the season, they were requesting permission to park the pumpkin truck outside of the Green. In the past, they had 20 vendors and they would like to raise the number of approved producers to 25.
Mr. Infanti expressed some concerns that when they looked at it the first year, he understood they were dealing with farmers. Last year they had wine and fish and it appears they went from a Farmers’ Market to having a number of retail operations. He understood that they had someone who sold bread to a restaurant. Mrs. Cavallaro responded to his concerns. He thought they needed to look at the definition because it appeared it has strayed. He understood Trombly Gardens and Mrs. Cavallaro selling flowers, but they should look at this again before they lead someone down the wrong path who doesn’t meet the qualifications.
Mr. Grella had the same concerns about retail operations, but he also had a concern about some vendors and where they parked. He mentioned they were putting her on the spot as spokesperson for all of the other individuals. He asked if those folks had to sign contracts and what about certificates of insurance? Mrs. Cavallaro explained that Gary had copies of the insurances and she has a form and guidelines that have to be signed. Mr. Galinson indicated he was highly supportive of this, but as things get bigger and more popular, rules start to be a problem. They needed to tighten the rules because it is growing and he, too, had a concern about retailers being involved.
Mr. Panasiti commented on the meal’s tax and as an owner of a store, felt they owed it to people who live in Town to support their particular business. This was a slap in Steve Yurish’s face because 90% of this is what he sells. This started as a small Farmers’ Market and has now moved indoors for a full year. He had reservations on how this has grown and how it has affected local businesses. Mrs. Cavallaro explained that the indoor market was separate from the Farmers’ Market, however, some of them do overlap. In answer to Mr. Galinson’s questions, she told them that if someone wanted to join they first went through her, then through the Board of Directors and then the Board of Selectmen. She briefly went through the list she provided the Board of who has been with them from the beginning.
Mr. Bowler was not in favor of 25 vendors and commented that the group was using Town-owned land for a business. Steve was present and paid taxes and felt they should be careful with taxpayers. The Farmers’ Market has gotten a bit beyond what it was four years ago and they should be careful where they were going. The first year they had a roomful of people who did not support it. The Selectmen voted to start and support it. He had a concern about signs, there has been a problem with them all around Town and some were illegal. Mrs. Cavallaro asked if the ones at Salzburg Square were illegal. Mr. Bowler responded that they were. She indicated that when she went to get her permit, she was told it was okay as long as it didn’t look like 101A. Mr. Bowler briefly spoke about sign complaints that were received around Town.
He also suggested they look to see what the intent was and what was discussed four years ago. Mr. Bowler asked Sharon to research the minutes for the past several years and put copies of them in their boxes. In response to Mr. Panasiti’s question, Mrs. Cavallaro explained they were a registered non-profit organization.
Linda Kaiser commented that when they started it was to be a “real Farmers’ Market”. It was her understanding if a person had a retail operation, they were not to be there. Mrs. Cavallaro had a retail store in Milford and they should put a stop to it. If they were going to do a Farmers’ Market, they need to keep it in the spirit of what it was. She requested it go back to the way it was like Susan’s Perennials who grows them in her yard. Jewel Towne Wines sell to the liquor stores and Eileen has a store and she shouldn’t be there. Mr. Bowler advised they want to be as fair as possible.
Mr. Yurish remarked that it was mentioned that the indoor market was completely different. Mrs. Cavallaro explained that there were quite a few that do both. She explained that the market at Salzburg Square was opened three days a week and told the Board that she has a flower and gift shop and only brings the flowers she grows to the Market. Marilyn Peterman knew the issue of vendors that was reviewed in the past. She would like to see a solution and mentioned that one of the things expressed in a survey being done for the Master Plan was the continuation of Town sponsored activities to bring a “gathering place” to the center of Town. The only place was the Town Green and this adds to the vitality of the Town. She commented that she would hate to see the Market being downsized rather than expanded and it had not created any issues such as parking and traffic. She hoped that the Board could continue to see it thrive.
Mr. Bowler asked that on the list of vendors Mrs. Cavallaro gave them, could she indicate the year when the vendors became involved and give them an idea of how many others were interested. Mr. Galinson asked that she include those who also have stores. Mr. Bowler also asked that she be honest with them and give them a little background as soon as possible, so they can review it before she comes back on the 30th.
Boards & Commissions Interviews
John Harvey – Conservation Commission
Mr. Harvey told the Selectmen that the Commission was doing a remarkably fine job and was one of the best he has served with during the past 12-15 years. They were working hard and bring different expertise. In answer to questions from the Board, he commented that the Chairmanship needs someone else this year. Mr. Panasiti indicated Mr. Harvey had been an asset to the Conservation Commission. Mr. Galinson mentioned that the ZBA had interfaced with the Commission and he would like to see them take a more active role in giving information to other Boards. Mr. Harvey remarked that one of their members is an alternate on the Planning Board and brings communication both ways. They had a long standing process with the Planning Board and only recently got a Conservation member on it. He was the person to interface with the ZBA and offers expertise whenever there was a Conservation issue. Because the ZBA is a quasi-judicial Board they have to do some homework when a case came up. The only other interface was with the Recreation Commission on the issue of developing some parks. He told the Board he would hope there would be more land brought into conservation and spoke about land management of their assets. He commented they were doing some highly selective cuts on conservation land and would like to carry over the education of land management information to private landowners. For the future, perhaps there could be a larger emphasis on a longer trail system. Mr. Grella suggested they may want to video tape things like bridges they built and some of the work they have done, in an effort to attract more volunteers by then playing it on Channel 20. Mr. Infanti moved that they appoint John Harvey to another three year term on the Conservation Commission, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti added that John has developed a website for the Master Plan that was amazing.
Jim Emmond – Historic District Commission
Mr. Emmond mentioned that the Village is very unique and has history behind it. Many villages have been destroyed by roads. Amherst Village serves as a model on the Historic Register and he would like to continue to protect it. He saw it as a challenge to serve the Town, meet the needs of the owners and he would like to continue. Mr. Grella remarked that he had a tremendous insight of the nature of the Village and continues to make the same consistent decisions. Mr. Emmond indicated the biggest challenge is making fair consistent decisions. He mentioned that the Commission has to make judgment calls and it took time for the Board to develop and apply rules to the same situation. Mr. Galinson was impressed with his fairness and knowledge. Mr. Emmond told Mr. Panasiti that the cost charged is for the application and notification to the abutters. He explained to Mr. Bowler that the HDC has approved thermopane windows with mutton bars inside and out. They have the look of an old window sash but the efficiency of a new window. About four or five years ago, they approved some of the models that manufacturers had brought in and had approved a number of installations in the Village. Mr. Panasiti questioned the philosophy of the HDC and he thought they would be more considerate of energy efficiency. Mr. Emmond told him this was not their charge and they look to preserve items, such as moldings, doors, etc. In the old windows, the glass is wavy and they are sometimes crooked. Relative to commercialism in the Village, he mentioned that the Commission had this discussion and opinions vary – most people think the Village is more than pretty homes. Mr. Panasiti added that Mr. Emmond directed “Fiddler on the Roof” and had done a terrific job.
Arnie Rosenblatt – Planning Board
Mr. Rosenblatt told the Selectmen he enjoyed serving and got a decent level of satisfaction out of doing this and felt the Planning Board dealt with issues he considered important. The biggest issue that the Planning Board has is that they have a fair amount of land to improve development, but at the same time they were limited in what they can do – limited to what the laws allow them to do and the economics and competing interests. Mr. Infanti mentioned that since he has sat on the Board, he noticed they have some very strong opinionated people on it and Arnie speaks with a voice of reason, brings the discussion back to where it needs to be with his input and ability to communicate with the Board and other people – Mr. Rosenblatt was a strong asset and he wanted to acknowledge this. Mr. Rosenblatt spoke of impact fees and the failure to collect them. They were crazy not to impose them because it was revenue for the Town.
Relative to 101A, he told the Board that having 101A as primarily a commercial area works well, many people in Town like this and was a good idea. Whether they should do something different in the Ordinance on 101A, he was not sure he would like to hear different proposals. Architecturally he thought they could do better and they may want to have some language on this. He agreed with impact fees and they should act on this. He respected some type of moratorium on building and it was his understanding that they are restricted on this and would be a challenge. He agreed that 101A was “pretty ugly”. He thought that with some modifications to the Ordinance, the Board would have more control of the building that takes place. Whatever control the Planning Board would have, it would not look like Williamsburg. He had not thought about limiting competing businesses and his instinct would be that they couldn’t do this and not be worth the effort.
Marilyn Peterman – Planning Board
Mrs. Peterman has been on the Planning Board for 27 years and she felt it important for her to be on it because she brings some history and knowledge of the past, but also some views for the future. She enjoys working with them and they have a big impact on what the Town does. She told the Board that they were faced with a lot of challenges, the Town hasn’t really changed that much, but the perception is that it has. The biggest change in the past 30 years was 101A. The residential development has evolved in the way the Town has asked that it be developed, there are challenges in affordability and the growth has remained pretty stable. They grow 3-4 percent a year, but it may seem like more. She would like them to be the vanguard in promoting energy efficiency and doing green building.
Mrs. Peterman mentioned that they had been working on impact fees for 20 years and are closer now because of the Master Plan and having a CIP, which were the two things the State requires they have in order to have an impact fee ordinance. The Planning Board is responsible for creating the impact fee ordinance and they need to take charge. This would be a good idea to explore and add revenue to the Town. Over the years the Town has extracted things from developers and named several she remembered. The Planning Board can issue impact fees, but they had to be proportionate to the development. She told the Selectmen that the Zoning Ordinance was very thick, each year the Planning Board goes through an exercise on their thoughts in making changes. However, they will be challenged by the Master Plan in what things can be done. Route 101A got out of hand and she would like to strengthen architecture on that strip. She would also like to see the sign ordinance changed. One of the biggest challenges is developing a tax base in the Town. On 101A, the more they put in, the more traffic they will have.
Mr. Panasiti commended her efforts for being on the Planning Board for 27 years. In response to his question, Mrs. Peterman mentioned that the Master Plan was an outgrowth of the Planning Board and she was one of the original members of the first Master Plan. She took great pride in working on it again – it was a personal investment in what is done in the Town.
Richard Kimball – Historic District Commission
Mr. Kimball told the Board when he first met with them, he had mentioned serving on the Manchester Historic District Commission and had enjoyed the service. He has lived in Amherst for four years now. The Historic District Commission has been a resource to the community and he has grown more to appreciate how it works. Mr. Grella indicated he appreciated Dick’s insight, his expertise is very much appreciated and he thought he should continue to serve. Mr. Kimball indicated he had watched the Selectmen’s elections over the years and felt what they were doing was very hard. He respected how they balanced the tug of war in what was worth keeping and what should be given away. The entire region was loosing some of the long term employers and the Town was faced with loosing some of the prominent residents. The changing demographics made the Town more transient than what it use to be. The HDC has a very pleasant asset called the greater Amherst community and they have to make long term decisions. This is why they try to encourage people to fix their properties consistent with the rules and regulations and the community needs to make the investment.
Bill Veillette – Heritage Commission
Mr. Veillette indicated he would like to continue as a member because he, Will Ludt, Lisa Sasser and Jean Crocker were instrumental in beginning the Heritage Commission. There was a history to the Town and they wanted people to recognize it and appreciate it more. He was not comfortable about leaving until they recruit more members and bringing more of them up to speed on the technical issues. In the past year they reviewed issues about putting a cellular tower on top of an existing barn and became consultants to the Planning Board. He briefly spoke about the issues the Commission was involved in. Since he has been running the NH Historical Society he has missed several meetings. The biggest issue going forward is to map out all the historic resources which will be critical to the Master Plan effort. This is similar to what the Conservation Commission was doing with the environmental resources. They had some good plans and were working with one of the consultants hired for the Master Plan process.
Mr. Grella spoke of Bill’s viewpoints on matters, his knowledge on the Town of Amherst and his being an asset to the Commission and the Town. Mr. Veillette mentioned the Selectmen had tasked them to work on the 250th Anniversary Celebration and were charged to change the landscape in front of Town Hall. He was very happy the way other Boards were using them in different ways. Relative to historical markers on significant sites, he explained that there were times when they would propose something like this. One thing they were talking about was reprinting the “Walking Tour of the Village”, but also doing a driving tour of Amherst. Mr. Infanti commented that Bill does what he does without a lot of fanfare, he wanted to acknowledge this, thought he was a significant asset and he couldn’t ask for a better volunteer. He told the Board they had scaled down the historic resources survey by necessity so that they can keep up with the Master Plan. Mr. Grella moved to appoint Bill Veillette to the Heritage Commission for three years, second by Mr. Infanti. Vote: Unanimous.
Brad Vear – NRPC
Mr. Vear told the Board he was interested in continuing as an alternate and many of the reasons were in his letter to them. The NRPC having seen it in operation and what they can do for Amherst, is a fabulous resource. Mr. Infanti indicated he knew what they do and something they should continue to support. Mr. Grella mentioned he had given them a good analysis and he could tell Mr. Vear wanted to serve. Mr. Vear explained to Mr. Galinson that the NRPC currently has available a tremendous amount of information and data on the 12 communities they service with much residing on their website. There is a way to bring it over to Amherst’s website to get the information out to the community. The GIS function they do is very good and perhaps they should think of a way to utilize more of what they do and call it theirs. He spoke of the development of overlays on the GIS system for the Town. As an alternate, he spoke of his voting rights and his attendance at meetings. Mr. Grella commented on the hazardous waste collection claiming it a tremendous service, even though they were now charging $10.00. Mr. Vear remarked they had the best Regional Planning Commission in the State. Mr. Infanti moved to appoint Brad Vear to another three year term as an alternate on the NRPC, second by Mr. Grella. Vote: Unanimous.
Other Business
NH Café – Mrs. Peterman explained she had been attending meetings representing the Town. There was an opening on their Executive Board, she had volunteered and was asked to join. Because she is no longer an official of the Town, she was asking the Selectmen to appoint her – they were a non-partisan non-political organization. The suit that came out from the Court originated by NH Café. They had done a good job representing the middle communities who were picking up the slack for educational funding. She told the Board she had talked to the School Board and the reason she was there was because someone left the Executive Board, she volunteered and they had asked her if she wanted to do this. She has been involved in this cause since 1998 and has a great deal of information on this process – anyone can attend the meetings. Steve Coughlan was at their last meeting. Whoever volunteered at the onset were members of the Executive Board – Londonderry and Merrimack were among the first. She mentioned that she could be appointed by either the Selectmen or School Board and if she wasn’t appointed she would continue to go to the meetings so she could talk about educational concerns of the Town. This was an issue that concerns every taxpayer in the State. Mr. Bowler advised they have a meeting scheduled on April 30 with their Legislators and School Boards and she could ask the question of the School Boards at that time. Mrs. Peterman indicated she would like to be present when they have this discussion. She felt she had the knowledge to do it and represented both the Town and School Boards as it affects the Amherst taxpayers.
Sign & Approve Recommendations
Current Use Penalty
Benjamin & Rosemary Brewster, M/L 4-65-1, $50.00: After review and discussion of the proposed $50.00 penalty for a driveway to a greenhouse, Mr. Infanti moved to table the penalty for further research, second by Mr. Grella. Vote: Unanimous.
Veterans Tax Credits
Mr. Infanti read the list of the following applications from: Raymond Iannuzzelli, Jon Carroll, Dana Haws, Edward Browsseau, Michael Badzinski, David Cox, Christina Zlotnick, Richard Little, Bryan Archambault, William Overholt, John Rubery, Kevin Wilson, Michael Bloom, Patricia Cote and Arthur Cateras. Mr. Bowler briefly told the Board of his conversation with Michele Crowley of the Assessing Department as it pertained to conflicts that Veterans had to be in, in order to receive the Veterans Tax Credits. Board members were reluctant to put their signatures to applications without copies of the DD214’s attached to them, since they had no actual proof the Veterans’ qualified. Mr. Bowler suggested they table the applications until a complete package was presented to them. Mr. Bowler then moved to table the entire list of Veterans Tax Credits in order for the Selectmen to see the completed application with the DD214’s attached, second by Mr. Grella. Vote: Unanimous.
2008 Veterans Tax Credit
The Board asked that the application for Kevin Tucker, who had not been in Amherst for a year, be put on hold and presented to them at the proper time.
Elderly Exemption
After review of the application for Geraldine Huyck, M/L 3-86-4, which indicated that she owned 56% of the property, the Board questioned what would be the exact dollar amount of the exemption? Mr. Infanti moved to table this exemption for further information, second by Mr. Grella. Vote: Unanimous.
Yield Taxes
Mr. Infanti moved to approve the yield taxes of $387.83 for Ballinger Properties, M/L 6-13-1, second by Mr. Grella. Vote: Unanimous.
Minutes
Upon a motion made and duly seconded, the Board unanimously approved the minutes of April 2, 2007 amended as follows: Line 53 – Change “primarily” to “primary”; Line 105 – Change “know” to “knows”; Line 157 – Strike “about”; Line 164 – Change “on” to “until”; Line 167 – Change “cost” to “costs”; Line 175 – Change “considerable” to “considerably”; Line 306 – Correct “indicted” to “indicated”; Line 308 – Insert “he” between “but” and “was”.
Other Business
Mr. Infanti reported that in the minutes of the HDC, they mentioned planting a tree at the Tennis Courts on Davis Lane and possibly putting in curbing around it to protect it. He thought the Board discussed this and did not agree with putting a tree there. Mr. Grella reported he had talked to Bruce Berry about putting a tree on the grass side of the parking lot and he thought it was a good idea. The HDC was insisting it go back into the center of the parking lot. Mr. Infanti did not think they were in a position to insist on anything and to him it was crazy to put a tree in the middle of it. He dropped one of his daughters off there, they did not need to have one in the middle of the lot and it did not make sense. Mr. Bowler agreed.
Mr. Grella reported there was a Road Commission meeting the previous Friday. Discussed was the Director’s concern on replacing the loader. He was at the Transfer Station on Saturday and knew what he was talking about with the brush area becoming unbelievably full and impossible to keep up. The Board briefly discussed the issue of the loader’s use for repair work because of the recent flooding and its dual use at the Transfer Station. There was also brief a conversation about Stormwater II with Heather Seitz being on board to review Stormwater applications. Relative to impact fees, Mr. Infanti indicated they could do nothing about them until the Town receives information from the Schools. Mr. MacGuire added that Mary Jennings seems to be committed to get this done.
Mr. Galinson advised the CIC Committee had a meeting last week and they were trying to push Comcast to complete the franchise renewal and hopefully a solution for funding a studio. PMEC would be meeting on Tuesday night with an election of officers. He had asked about term limits for the Board and was advised they did not have any. Mr. Bowler recommended they submit their own terms. Mr. Galinson suggested that all members serve one more year and then come back to the Selectmen for an appointment.
Mr. Panasiti reported there was a Stormwater II meeting – things were being “fine tuned” and the process and procedures will be done shortly. Both he and Tom Sommers had talked to the Planning Board on how important the Board will be in the process. Recreation has started clearing out the 122 acres of timber for the Bean Fields. Conservation Commission voted unanimously to accept a donation of Lot 8/17 which will be called Odell Meadow and a sign will be prepared and placed by them.
The Board held a brief discussion about learning to man the camera and equipment to broadcast their meetings, if no volunteers were available. There was also a brief discussion on the cable franchise fee recently received and using a portion of it to purchase equipment requested by the CIC Committee. The Board agreed to hold off in making a decision at this time.
Mr. Bowler thought that before they begin discussion about the loader and leasing, he suggested that Bruce look to see what is available. Trying to maintain the brush pile and compacting trash at the Transfer Station and beginning the needed road work at the same time is impossible. It will be the Selectmen’s job to sell Ways & Means and the townspeople on the need to have a one year lease – the Board will have to find the money. Mr. Bowler expressed his disappointment in MRI - he did not know where they were on some issues the Board was concerned about. One matter was 51 Boston Post Road that had been tabled on February 13, 2007, it is now two months later and the Board has heard nothing further.
Upon a motion made and duly seconded, the Board adjourned the meeting at 10:35 p.m.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant