MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - APRIL 11, 2005 - 7:00 PM
WILLIAM HILTON CENTER
PRESENT: Selectmen Robert Carroll Chairman, Ed Hunt, Anthony Papoulias, Jerry Klima, and Henry Richenburg
ALSO PRESENT: Neil Harrington, Town Manager and Janet Flannery, Secretary
I. Call to Order/Salute to the Flag
Chairman Carroll called the meeting to order at 7:00 PM.
II. Acceptance of Minutes
Minutes of March 28, 2005
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to accept the Minutes of March 28, 2005 as printed.
III. Old Business
Art Ober/American Legion re: Plains School
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to remove from the table.
The Sr. Vice Commander of Post 309 addressed the Board referring back to their meeting with the Manager last Fall when they were told they would have an answer this Spring as far as their use of the Plains School. He further stated that when the Post appeared before the Board in January of 2004 there seemed to be positive feelings from the Board but they are still waiting for an answer. Mr. Harrington stated he has nothing to add since the last time and has not made a decision yet. He’s trying to balance everything he has to do and has given priority to items that the Board has directed and this issue has not risen to the top of the agenda; he understands the importance for the veterans, but it is hard to give a time frame other than what he said last Fall and that he would make a decision this Spring. He has all the information and wants to look at all options before making a commitment and wants to look at what is in the best interest of the Town as well as the school.
Brian & Joanne Short re: Water Access Fee Appeal
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to remove from the table.
Selectman Carroll reiterated that this was tabled from the last meeting he obtained the information
MINUTES OF THE BOARD OF SELECTMEN MEETING OF APRIL 11, 2005
from the Ring’s Island Water Co. as requested by Selectman Hunt and essentially for information received from them does not substantiate the Short’s being a customer prior to July 6, 2004. The Short’s claim that they should have been told that there was going to be a fee to tie in when they got their building permit is not a reason to receive an abatement.
Motion by Selectman Richenburg, Second by Selectman Hunt; Voted to deny the Short’s request for a refund of their water access fee. VOTE: 4 yea’s - Selectman Papoulias opposed. Motion carried.
IV. New Business
License Renewals:
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve the renewal of a Common Victualer License to: Chocolate Talk, LLC - 13 Palis Dr.
Motion by Selectman Richenburg, Second by Selectman Hunt; Voted to approve the renewal of a Gravel/Earth Removal Permit to LandscapeXpress, Inc. - 109-113 Rabbit Rd. Subject to the same restrictions as last year and request that when the work is complete the applicant should come back with a map/drawing to make sure it matches last year’s map. VOTE: 4 yea’s - Sel. Klima abstained.
Motion by Selectman Hunt, Second by Selectman Richenburg; Unanimously voted to approve the renewal of a General license to: LandscapeXpress, Inc. - 109-113 Rabbit Rd., Breakwater Boat Sales, Inc. - 161 Bridge Rd., Supreme Tee’s, Inc. - 26 So. Oceanfront, Salisbury Hot Top Paving - 237 Lafayette Rd., Madame Jean Readings by Helen - 38 Cable Ave., and Richard Maytag - 155 Bridge Rd.
b. New Licenses:
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve a Common Victualer license to: Salisbury Convenience - 58 Main St. A&B
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve a General license to: Kim’s Stuff-N-Fluff - 23 Old Elm St., Linda’s Alpha-Omega Salon - 4 Elm St., Mares Jewelry Creations - 35 Toll Rd., and Funny Bones LLC - 107 Elm St.
c. Committee Appointments
Harbor Commission - 1 Alternate - 2 Applicants: James McCarty and Gordon Frost, Sr.
Motion by Selectman Hunt, Second by Selectman Richenburg; Unanimously voted to place both names in nomination:
Roll vote: Selectman Papoulias - Gordon Frost; Selectman Hunt - Gordon Frost; Selectman Richenburg - James McCarty; Selectman Klima - James McCarty; Selectman Carroll - James McCarty. By a vote of 3 - 2 James McCarty appointed to serve as an alternate.
d. Winner’s Circle Running Club - Request to Hold “Run for the Roses” road race on May 11th.
Motion by Selectman Richenburg, Second by Selectman Hunt; Unanimously voted to approve the request as presented and allow the race to be held at 6:30 PM.
e. Town Planner and Planning Board Update
Jack Christian, Chairman of the Planning Board gave an overview of their meetings reporting that they have had 4 to 6 hearings per meeting, as well as site plan reviews. They are working to resolve inconsistencies between their Board and the Conservation Commission. Their future plans are to upgrade the subdivision control laws and the master plan.
Lisa Pearson, Town Planner gave a brief outline of the CDBG program in that over 30 homes have been re-habed in the last 2 years and have assisted people with receiving occupancy permits, have assisted the Board of Health with the sanitary codes, as well as assisting the residents at Heritage Park with their Title 5 issues. In March additional funds for the Council on Aging, and the certified housing plan was applied for. She has also been working with the coalition on the railtrails, and has been working closely with the Planning Board on the completion of the Master Plan, and continues to work with the MVPC to update the aerial photographs. In closing she announced that Earth Day is April 22nd starting at 8:30 AM urging people to come out and help.
f. Approve Clam Flats Management Plan & Memorandum of Understanding
Selectman Carroll commended the Committee for the work they did and for the many hours they spent on preparing the management plan, as well as the help and cooperation they received from David Roche from the Marine & Fisheries Dept.
Wayne David addressed the Board stating that the basic issue was, who is going to manage the clam flats – the Town or the State? If the Town is to do so, a Management Plan was needed and that is what was presented to the Board tonight. If the Board agrees then the clam flats will be open to commercial diggers, as well as Salisbury and Massachusetts residents for a fee and it would be run by the shellfish constable and his assistant. For the most part it will be self supporting. Mr. Roche said the flats will be open this year – the State is working with Newburyport on a final issue and then the State will issue the permit. Mr. Harrington said Town Meeting can vote to establish a revolving fund in order to pay expenses, or they can set up a separate revenue account, but if that is done it wouldn’t allow funds to be expended until FY06.
Selectman Hunt was not opposed to opening the flats, but would like to see the State manage them for a year and if it’s successful then have the Town take over. He is concerned with the liability of someone digging without authorization and getting sick on some bad clams but was assured by Mr. Roche that the Town would not be liable.
Motion by Selectman Richenburg, Second by Selectman Klima; Voted to approve the Town of Salisbury Shellfish Management Plan for Moderately Contaminated Shellfish Areas. VOTE; 4 yea’s; Selectman Hunt abstained.
Motion by Selectman Richenburg, Second by Selectman Klima; Voted to approve the Memorandum of Understanding between the Town and the Division of Marine Fisheries regarding protection of shellfish growing areas potentially impacted by the Town of Salisbury sanitary wastewater discharges. VOTE; 4 yea’s; Selectman Hunt abstained.
g. Title Insurance re: Newly Acquired Land
Motion by Selectman Hunt, Second by Selectman Richenburg; Unanimously voted that the Board of Selectmen authorize Kopelman & Paige to act as agent in the issuance of an owner’s title insurance policy naming the Town as insured on the property located at 125, 151 and 155 Elm St.
h. Vote to forward Zoning By-laws to the Planning Board
This was presented by Selectman Klima and is something to help the Town to gain growth or at least stay the same as far as affordable housing goes.
Motion by Selectman Klima, Second by Selectman Richenburg; Unanimously voted that the Selectmen vote to forward the following proposed warrant articles and zoning amendments to the Plan Board for review and public hearing:
Salisbury Beach Overlay District Amendments
Rabbit Road Zoning Amendments
Inclusionary Housing Requirements
Salisbury Affordable Housing Trust Fund
Flexible Residential Development (FRD)
Site Plan Review
V. Comments by Visitors
A resident from Heritage Park addressed the Board seeking their help and support in repairing the large leaching field at their location. There are 63 families involved and a lot are low income and cannot afford the potential fines that may be imposed on them because of failed systems. Mr. Harrington said he thinks it would be helpful to meet with Eric Botterman of Millenium Engineering and a member of the Board to address the issues.
VI. Sewer/Water
Eric Botterman - Millenium Engineering re: Sewer Tie-in for 78 Lafayette Rd.
Mr. Botterman, representing the owners of the property at 78 Lafayette Rd. proposed a tie-in to the sewer stating there is an existing force main in front of the property which he had requested permission to tie into last Fall and was denied. He then came with a design to tie into the gravity system which was placed for the Allen Drive system. DPW Director, Don Levesque stated that this particular system can accept the flow because it will be a “spider” of pipes rather than one straight one and he doesn’t have a problem with this one. However, this will be the 4th one to add on to the Allen Drive and soon there will be 5, then 6 and so on. He strongly suggested that the Town canvas the area again to get sewer on Lafayette Rd. Selectman Richenburg said his problem is with the 3 times they approved the tie in to Allen Dr. There were failed systems but there has never been a system on this parcel of land and he doesn’t see the need in this case.
Motion by Selectman Richenburg to deny the sewer tie-in at 78 Lafayette Rd., Second by Selectman Hunt for discussion.
Selectman Hunt said he would like more information and review the building to see if there is water going into it.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to Table this issue.
VII. Correspondence
· Notice of the Chamber of Commerce Meeting to be held at Chef Howie’s on April 21st at 6:30PM.
· Invitation from Whittier Regional Vocational for the Board to attend their proposed budget meeting on April 13th at 6:00 PM.
VIII. Hearings -
7:30 PM - Phillip & Sharon Allard - 59 Ferry Rd. Water Access Fee Appeal
Motion by Selectmen Richenburg, Second by Selectman Hunt; Unanimously voted to open the Hearing at 7:30 PM.
Mr. Allard stated the basis for his appeal is that he was a customer of the Pennichuck Water Co. Before the July 6th date and he presented all documentation proving this.
Motion by Selectmen Richenburg, Second by Selectman Hunt; Unanimously voted to close the Hearing at 7:35 PM.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to grant the appeal in the amount of $3,630.00.
7:45 PM - Brian Mulcahy/PMBTM - 11 Railroad Ave. Sewer & Water Access Fee Appeal
Motion by Selectmen Richenburg, Second by Selectman Hunt; Unanimously voted to open the Hearing at 7:45 PM.
Atty. Crochiere, representing Mr. Mulcahy of PMBTM and gave a chronological report from Jan. 2003 up to January 10, 2005 substantiating their request for a refund. A copy of his report is attached and made a part of these Minutes.
Motion by Selectmen Richenburg, Second by Selectman Hunt; Unanimously voted to close the Hearing at 7:50 PM.
Motion by Selectman Hunt, Second by Selectman Papoulias; Unanimously voted to grant the sewer and water access fee appeal for a total refund of $50,920.00.
IX. Town Manager’s Report
Mr. Harrington summarized his written report, a copy of which is attached and made a part of these Minutes.
X. Selectmen’s Report
Selectman Klima wanted to thank the Institution for Savings publicly for their donation of $2500 to the Coastal Trails.
XI. Executive Session - none.
XII. Adjournment
Motion by Selectman Richenburg, Second by Hunt; Unanimously voted to adjourn at 9:50 PM.
Respectfully submitted,
Janet Flannery, Secretary
Approved:______________________________
Ed Hunt, Clerk