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Town of AmherstBoard of SelectmenApril 14, 2008
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Chairman Bruce Bowler called the meeting to order at 6:34 p.m. Selectmen present: Brad Galinson, Reed Panasiti, Thomas Grella and George Infanti. Also present: Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Due to the fact that the Team anticipated arrival of more Team members, the Board took the agenda items out of order.
Approve Recommendations & Sign
Timber Tax
Mr. Infanti moved to accept the timber tax on 7 Sprague Road of $1,326.00, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to accept the timber tax on M/L 2-9 for $200.48, second by Mr. Grella. Vote: Unanimous.
Veterans Tax Credits
For Stanford Moist, M/L 2-2-48, Mr. Infanti moved to approve the Veterans Tax Credit as recommended, second by Mr. Grella. Vote: Unanimous.
For Paul Salerno, M/L 16-12 Mr. Infanti moved to approve as recommended, second by Mr. Grella. Vote: Unanimous.
Disabled Exemption
Mr. Infanti moved to accept the disabled exemption at 27 Storybrook Lane M/L 4-109-15, second by Mr. Grella. Vote: Unanimous.
Abatements
Mr. Infanti read the recommendation for an abatement on M/L 2-72-20 for a 2007 Veterans Tax Credit that had been approved, but not applied. He moved to recommend it be applied for 2007, second by Mr. Grella. Vote: Unanimous.
During this process, Mr. Panasiti suggested that the Hockey Team that were present, be given an explanation of what the Board was approving. Mr. Bowler complied citing the various tax credits, exemptions, abatements and after review and recommendation by the Assessing Department, the Selectmen vote on their recommendation.
Mr. Infanti, after reading the recommendation by the Assessor, moved to approve the abatement on M/L 2-73-26-28 of $10,700.00 in the amount of $208.33, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti, after reading the report and based on the Assessor’s recommendation on M/L 6-113-2 moved to grant an abatement of $1,337.59, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti, after reading the recommendation by the Assessor on M/L 2-166-40, moved an abatement of $455.60 be granted, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti, after reading the recommendation by the Assessor on M/L 6-109, moved to grant an abatement of $1,633.33, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti, after reading the recommendation by the Assessor on M/L 3-4, moved to grant an abatement of $130.45 be granted, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti, after reading the recommendation by the Assessor on M/L 5-91, moved to grant an abatement of $247.27, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti, after reading the recommendation by the Assessor on M/L 8-45-6, moved to grant an abatement of $225.85, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti, after reading the recommendation by the Assessor on M/L 8-33-4, moved to grant an abatement of $716.50, second by Mr. Grella. Vote: Unanimous..
Mr. Infanti, after reading the recommendation by the Assessor on M/L 8-43, moved to grant an abatement of $2,149.49 second by Mr. Grella. Vote: Unanimous. Since this was a commercial property and the abatement requested was for non-completion of the building by April 1, Mr. Panasiti questioned the timeframe when the building was considered completed.
Mr. Infanti indicated he originally questioned the acreage on M/L 7-56 (9 acres) and 7-40 (4.8 acres), however, after reading the recommendation he moved to accept these two parcels of land for current use, second by Mr. Grella. Vote: Unanimous.
Mr. Bowler announced that this evening, for the third year in a row, the Selectmen had the privilege of recognizing the SHS Hockey Team and that every time a team wins a State Championship the Board likes to recognize them.
Mr. Grella presented a certificate from the Selectmen to Coach John Coughlin that he read congratulating them on the State Championship. Team members present were introduced amidst applause from the Selectmen and members of the audience. Coach Coughlin spoke of a competitive greatness the Team had and that he was proud of the guys in the Team for doing it three years in a row and thanked the Board for inviting them.
Rich Hart – Conservation Commission & Planning Board
Mr. Hart told the Board he would be happy to continue with both being on the ACC and PB – he had been associated with the Commission for about twenty years as he had been involved in many things that have been done in the past. The Planning Board was still somewhat new to him. One of the things he was attempting to do was to improve the communications between both Boards and he would like to see some things improved. Regarding the Planning Board he has involved himself with the Master Plan and recently has almost completed a Power Point presentation that he hopes to give to organizations including Town committees about the state of the Master Plan. Hopefully the Master Plan would be done this year and presented to interested people this spring. Another volunteered project for the Master Plan was to write articles that will appear in the “Citizen” that will provide summaries of meeting and upcoming discussions over the next few months - what is the Town’s vision, what are its goals and where should the Town be in the next twenty years with the idea to open this up for discussion.
Mr. Hart remarked that since he became a recent member of the Planning Board, he became aware of Planning Board requirements by law and asked if there were a set of procedures set by the Amherst Planning Board. He remarked that Sally Wilkins said she believed the Board had them, but they had not been updated since 1973. Mr. Hart indicated he would like to update those rules for people coming before the Board in order to know those rules.
Board members thanked Mr. Hart for his service on both the Planning Board and Conservation Commission and his work on the Website citing the fact that he was one of the hardest working volunteers in Amherst.
Citizens’ Forum
Alice Lee Mayberry, 20 Juniper Drive, read from a prepared statement in which she indicated she had written a letter to the Selectmen questioning a building permit issued to the owner of the lot next door to her. It had been classified in 1968 as a non-buildable lot. She commented that the taxes paid were quite a bargain for a now buildable lot. She expected the Selectmen, as the Board of Assessors, to reassess everything fairly. Mr. Bowler advised the Board could not discuss this further because of a possible legal issue she threatened the Town with.
Board & Commission Interviews - Continued
Mike Dell Orfano – Planning Board
Mr. Dell Orfano told the Board that the Town needs objective non-conflicted participation on the Planning Board and he felt he “fit the bill”. Among other accolades, Board members spoke of his doing his homework, attending meetings prepared and is committed to the Master Plan. He was asked if he attended meetings regularly. Mr. Dell Orfano remarked that he would concede to missing maybe one in the past five years.
The Board asked about the Master Plan. Mr. Dell Orfano remarked they were making an effort to reach out again and have community members participate. They were at the stage now where the community should participate because they were evaluating issues the Town needed to address in the next several years. There is a general complacency about the process. They were asking everybody to come and give the Planning Board guidance. Rich Hart just finished a piece that he edited, laying out information that will go into the “Citizen”. They were trying not to spend a lot of money. The Master Plan is policy that the Planning Board has to enforce and they were doing the best they could in the absence of participation.
Anne Krantz – Heritage Commission
Mrs. Krantz spoke how rewarding it was to coordinate the efforts of the curbing and landscaping around the transformer next to Town Hall. She talked about the next commemorative booklet that will be done for the Town’s 250th Anniversary Celebration. This is a big project and she was happy to continue on the Commission. Caroline Quinn, she said, has arranged for a lot of activity.
Board members spoke highly of her abilities as a “terrific minute taker”, her contagious enthusiasm, their pleasure in serving with her on the PMEC Advisory Board and Conservation Commission, her always positive attitude and their acknowledgement of all the time she has put in for the Town. Mrs. Krantz thanked the Board for their enthusiastic endorsement and she looked forward to serving again.
Linda Kaiser – Conservation Commission
Mrs. Kaiser told the Board she had been attending some Nashua Regional Planning Commission meetings where water quantity and water quality issues have been discussed. She has been on the Conservation Commission for three years and brought some level of Planning Board expertise to the Commission. The members of the Commission work very hard and she personally has been instrumental in understanding the New Boston Air Force Station’s clean up efforts. Personnel from the Air Force Station had met with Conservation the night before. She enjoys the Commission, it is a lot of work and a lot of learning. There were some issues she was very interested in which she would like to pursue.
While Board members acknowledged the fact that they may not always agree with her about certain projects, she brings to the table things that not everybody thinks about. They spoke of her enthusiasm about the Conservation Commission, her insight into items that should be discussed, her ability to fight for what she believes in and that any Board that she is on is fortunate to have her. Mrs. Kaiser mentioned that if there was an opening on the NRPC, she would be willing to serve on it.
Other Business
Mr. Bowler mentioned that at their last meeting the Board agreed to join the Greater Nashua Continuum of Care, the group that had come in and gave them a presentation several meetings ago. They have asked Amherst to sign a Good Neighbor Agreement that would stay in effect until December 31, 2012. While he had signed the Agreement, he did not put in a date that the Town would commit to without checking with the other members. Mr. Infanti felt this was a long time to make this commitment, the rest of the Board felt the same way and it was agreed to commit to one year to March 31, 2009.
Board & Commission Interviews - Continued
Cliff Harris – Planning Board
Mr. Harris remarked that he enjoys being on the Planning Board and has a good time doing it. The Planning Board needs the Master Plan because it is the vehicle that allows them to better design and develop the Town to 2030. In answer to Mr. Grella’s question, Mr. Harris explained he had not seen the Consultants recently. Some people were expecting them to direct and orchestrate the process, but what they came with was ideas. They are not that involved now, but sit and redirect and have good insight in what they are looking for. They are here as a sounding board and great in this respect. Mr. Bowler asked if he had any ideas of getting more townspeople involved. Mr. Harris spoke of a “shock factor” to get people’s attention and gave an example.
Board members spoke of his attendance being better after all his commitments, his ability to address issues along with added humor, that he comes with a different perspective than some of the other Planning Board members and is an asset to the Board. They thanked him for his time as it was a huge commitment to make.
Martin Michaelis – NRPC
Mr. Michaelis told the Selectmen that one of the reasons he wanted to remain on the Commission was because he wouldn’t know what to do with himself on the meeting nights. He has been a Commissioner for quite a few years and believed he had a great amount of experience. It was easier when they had quarterly meetings. They work on transportation, land planning, mapping for information systems to name a few things they do. The next project in Amherst was to again work on 101A at the intersection of 122. The last time any work was done on it was approximately ten years ago. A traffic accident survey of the region was conducted. There were 40 accidents with every one being in Amherst. Most of them were rear end collisions because they had not built a third lane. Mr. Grella asked what was the second most dangerous intersection. Mr. Machaelis indicated it was Wal-Mart and the gas station. Mr. Bowler advised him that the reason the NRPC report was not in the Annual Town Report was due to its size. He suggested that perhaps they could put it on the Town’s website instead.
Board members felt that having someone on the Commission with history was very positive for them, they knew of his commitment, the time he spend over the years and he was an asset to the Town. They spoke of his passion and appreciated the work he had done.
As the Board had not heard anything further from other members, Mr. Infanti moved to reappoint Martin Michaelis to the NRPC for a term to expire in 2011, second by Mr. Grella. Vote: Unanimous.
Minutes
Mr. Infanti moved to accept the Board of Selectmen’s Minutes from March 24, 2008was written, second by Mr. Grella. Vote: Unanimous.
Board & Commission Interviews - Continued
Cynthia Dokmo – Planning Board
Mrs. Dokmo told the Board she had been a resident since 1979, served on the Planning Board from 1981 to 1991 when she began working with Town Counsel and resigned because she felt it might be a conflict of interest. She is slowly retiring from this role and would like to come back to her first love which is the Planning Board. In answer to Mr. Grella’s question, she told him that the time commitment ten years ago was every week. She also knew a little bit about the Master Plan from what she has read in the newspapers.
Board members spoke of her knowledge, her 100% commitment to whatever she takes on, their feeling that she would be a great asset to the Planning Board and were thrilled that she wanted to return to the Board.
Plenitude Development, LLC
Ken Clinton, Meridan Land Services, told the Board he was the Project Manager and represented Tim Farris and Jamin Warren. They were there to discuss a few aspects of the 45 lot open space subdivision. A proposed road enters off of Amherst Street directly across from Miles Road and the plan will have three cul-de-sacs. The road he was there to discuss is a connection to North Street. North Street is a Class VI road and improvements will be made on it for emergency services only and they were not looking to use North Street as an egress to the subdivision. He briefly spoke about the plan indicating that Pennacook Byway was the main road to the subdivision. He talked about the paved area on North Street which led to an abrupt dead end. He explained that the Langille’s, who abut the road, signed a Municipal Waiver of Liability.
Mr. Panasiti asked for the definition of a Class VI road. Mr. Clinton explained it was a road not maintained by the Town, but holds the liability for it. The Langille’s improved it to use it for their driveway. The developers were seeking to make this “a very nice driveway for emergency vehicles”. He also explained where a swing gate would be installed. They proposed the road to be 18’ wide with two paved shoulders for emergency safety vehicles only. They had also met with the Road Commission last week to show them what they had in mind. They were indorsing this with the stipulation that this section of North Street be completed, inspected and approved prior to issuing Occupancy Permits for Phase III.
Mr. Infanti noted the Planning Board discussed this last week, talked about phasing and asked wasn’t it their intention to go all the way to North Street. Mr. Clinton advised there would be 14 lots developed the first year, 11 the second, 10 the third and 10 the fourth was what they decided on. The overall plan, from an emergency standpoint needs to be in place and endorsed by the Selectmen. Mr. Infanti mentioned that in order to get final approval of the whole plan, this was part of the approval process.
Mr. Grella asked if the improvements to North Street were only to the Amherst section. Mr. Clinton indicated that only the Amherst section from the end of the pavement to the end of the gravel. Mr. Panasiti asked who would access this road. Mr. Clinton indicated it would be Amherst Fire and also Milford Fire in case of mutual aid. The developers would provide Amherst Fire with keys and it would be up to them to provide Milford the keys if they felt it necessary. Regarding the maintenance of the road, it would be up to the Homeowner’s Association. They have signed agreements from the two affected abutters to make sure all paved surfaces have proper drainage. The road is rated for the largest Amherst Fire Department truck. He showed copies of the agreements to the Chairman indicating that the improvements to the road surfaces were agreeable. He recommended that the developers come back to the Selectmen before construction begins.
Mr. Infanti believed there was a requirement that a second access be developed. He asked if EMS and the Fire Department had a problem with this. Mr. Clinton said he had received something from Matt Conley. Mr. Bowler said that since they have something from DPW, he wanted to make sure the Selectmen have something from all Departments responding to this plan. Relative to Mr. Grella’s question pertaining to fire protection and hydrants, Mr. Clinton explained there will be a booster station just off Amherst Street coming from Pennichuck Water all the way down North Street.
Mr. Clinton reported several months ago they asked for an endorsement for some proposed road names. Highway Safety said three or four names were difficult to report and would not support them. They had submitted new names and were approved by Police Chief Peter Lyon. Pennacook Byway was the main road with the other three being the spur roads. Mr. Infanti moved to accept the names Pennacook Byway, Agawam Way, Ossipee Lane and Wachuset Court as the names for the subdivision as listed, second by Mr. Grella. Vote: 4-0-1, Mr. Galinson abstained.
Relative to road bonding, Mr. Clinton said there were two options that he briefly spoke about. In the Planning Board checklist, they will have to supply the cost numbers and he always understood this was the purview of the Board of Selectmen. He was hopeful they can fulfill this at the Planning Board level. The actual dollars would be at the Selectmen’s level through Charlie Tiedemann. The Planning Board made restoration a requirement and this could be incorporated into the road bond.
Tim Farris said his concern was that it was not in the Ordinance and they have done everything required including every required study. This has been a long process and at the last Planning Board meeting restoration was brought up. There was no real precedent or Town law and because this came up at the 11th hour it became frustrating. It seems like the road bond and everything else should be tied together. The entire project is about 130 acres and the total road and fill is about 9 acres. He wanted to start the dialog and asked if they have come across this before and how it could go into the Selectmen’s hands and not keep tying him up at the Planning Board level.
Mr. Infanti’s concern was who would have the most experience on how much the bond should be. His feeling was Charlie Tiedemann or Bruce Berry. He was not sure he had the experience himself and how much bonding they should require. He briefly spoke about a project in Milford where there wasn’t enough money to make restorations. He felt the Town should be protected and there should be one bond for the restoration and one for the road. They needed to have enough money if something catastrophic happened to the development to restore the area. Regarding the bond assessment, Mr. Grella asked if they needed to have a bond as they develop each phase or a bond for all three. Mr. Clinton explained the numbers would probably be generated by his office and checked with Charlie and Bruce. They have one road construction estimate in hand and were waiting for another one to make sure the first one was reasonable. He advised they could have a bond or restoration amount for the first phase and they want to satisfy the Planning Board, but not get bogged down by the dollars and cents. They can’t understand money for bonding and believe this is an area for the Selectmen. Mr. Panasiti indicated he couldn’t comment on bonding, it was way out of his element and he didn’t understand the concept. Mr. Bowler added that in his five years, they have never had this request and felt uncomfortable in making an agreement on this without the Planning Board and listening to Charlie and Bruce. Mr. Farris remarked that some of his confusion is that there is a checklist item where they have to choose the bonding. He was fine having a dialog, it is having to have an item resolved before final approval. In his mind, this should be a conditional item before approval. “It seems to be a new cog put in the wheel by the Planning Board.”
In response to Mr. Bowler’s question, Mr. Clinton advised they go back to the Planning Board on May 7. Mr. Infanti suggested Planning Board Chairman Gordon Leedy and/or Vice Chairman Arnie Rosenblatt come in and speak to the Board about the rationale and logic of the bonding since the Selectmen were uncomfortable about it. Mr. Clinton assured the Board that they were not trying to circumvent the process and agreed that bonding will take place, but would like to make it a condition that it will take place under the Selectmen’s terms and it will happen prior to construction. This was not to try and get out of it, but to actually separate the dollars and cents. Mr. Bowler suggested that as soon as they have the numbers he should contact Charlie and Bruce.
Mr. Infanti summarized that the Board approved the street names, they have on the table the discussion on North Street bonding and he moved to table the bonding discussion until their meeting of the 21st as long as they get a Planning Board representative to talk to the Board, second by Mr. Grella. Vote: 4-0-1, Mr. Galinson abstained.
After further discussion Mr. Infanti moved to continue the discussion on the North Street upgrade until the 21st of April as well, second by Mr. Grella. Vote: 4-0-1, Mr. Galinson abstained.
Other Business
Mr. Infanti reported that preliminary plans had been presented to the Cemetery Trustees for Cemetery Fields and it is a very attractive plan for the Town. He believed the Trustees will come in and update the Selectmen. He had three or four Planning Board meetings in a month. They were working on several developments and looking at the Master Plan that will give the Planning Board and other Departments direction for the next ten to twenty years. There were some directions he was comfortable with and some that he was not. There were only 8-10 people that have been giving them suggestions. He believed people needed to be involved and should begin reading the Plan.
Mr. Panasiti reported he attended the Conservation Commission meeting and a discussion was held with the New Boston Air Force personnel regarding their cleanup of the bombing range areas to be done in three or four phases. Although there are no fences, they don’t want people going into the bombing range because they were still finding ordnances. Mr. Infanti mentioned that he had been hearing about long range plans from members of the Conservation Commission. Mr. Panasiti said indication from the Air Force last night is that the Base is not going anywhere and he did not get the impression that Conservation will get the property. They talked about the issues because of the approximation of Joe English and PMEC. He also reported there was a brief discussion about draining the pond.
Mr. Bowler reported there will be a Wednesday night meeting with the Granite State group in Milford. If the Board had any more concerns after their December meeting with them to please let him know. They would like the Town of Amherst to join the pilot program without any funding. They feel they need this commitment in order to get funding from different organizations such as the Kaley and Bean Foundations. On Thursday night he will be attending a State retirement dinner and some School Board members will also be attending. Bill Wichman has given out proposed drawings to build a trailer for the recyclamobile with the funds from Wal-Mart. The minutes of the Landfill District indicate that they have issues with Brookline who is looking for additional funding. The Commissioners will be reviewing the request and asking for all documentation to back up their project. The District has implemented some steps to prevent this from happening again. Bruce Berry updated the District on where Amherst stands on its project.
Mr. Grella reported two residents of the Town approached the Historic District Commission wanting to install a granite bench in memory of Barbara Landry in front of Town Hall. The Commission said because they didn’t have a plan or picture they would have to coordinate approval with the architects. They came to the Heritage Commission last week and were met with several questions. It turns out that this may not be in a proper perspective in front of Town Hall and granite benches in the past have been approved without receiving HDC’s approval first. It was the Commission’s opinion that there be something cohesive and standards be set in place. The other problem was if the bench was put out front as quickly as the Labarre’s wanted it, it might have to be moved and could be broken when the designed plan begins construction. They were somewhat disappointed that it couldn’t be done immediately. After they had left, a suggestion was made that maybe there could be something inside Town Hall where Mrs. Landry had spent 37 years. He remembered that over three years ago, the Selectmen were presented with a proposal for a new table in the meeting room, however, the cost was a problem. He thought an appropriate tribute would be a proclamation naming the meeting room after Mrs. Landry. It had been prepared by Gary for tonight, but Mr. Grella thought it best to wait until someone from the Langille Family was present. The Labarre’s were seeking donations for the granite bench, but the emphasis might be to purchase the table.
Mr. Bowler advised the Board would not take a vote on the matter that night, but after a question raised by Mr. Galinson, Mr. Grella advised that the Heritage Commission and Historic District Commission were not looking favorably on the granite bench. Mr. Infanti spoke about the existing table being used that may be historic, but it did not work for Board discussions because members sat in a line next to each other. He felt that comfortable chairs were also important – this was long overdue and a great idea. Mr. Bowler agreed that they raise funding to do the table and name the room after Barbara H. Landry. DPW had done something at the Highway Garage and named it after Richard Crocker. It would be nice to help with the funding and get the word out, perhaps with Cable Access TV, that they were looking for funding for them to proceed. Regarding the memorial service for Mrs. Landry, Sharon will look into it further since she had talked to Kyle Langille several weeks ago about the date and times.
Mr. Grella reported that Will Ludt, Chairman of the Heritage Commission was in charge of getting a grant and coordinating the renovations of the front porch of the Brick School. He received seven bids and winning bid was William Kendall. The construction would be started July 1st and it will be replaced in kind. The Selectmen hoped that it would be after the 4th of July festivities.
Upon a motion made by Mr. Infanti, seconded by Mr. Grella and upon a unanimous roll call vote, the Board entered non-public session at under RSA 91-A:3 II (e) at 9:05 p.m..
Upon a motion made and duly seconded, the Board exited non-public session at 9:45 p.m.
While in non-public session the Selectmen discussed two threatened legal actions against the Town and received an update on land acquisition negotiations.
Mr. Panasiti, second by Mr. Galinson, moved to adjourn the meeting at 9:45 p.m.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant