MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - FEBRUARY 13, 2006 - 7:00 PM

 

WILLIAM HILTON CENTER

 

PRESENT:     Selectmen Henry Richenburg, Chairman, Jerry Klima, and Fred Knowles

ABSENT:       Selectmen Robert Carroll and Ed Hunt

ALSO PRESENT:  Neil Harrington, Town Manager and Janet Flannery, Secretary

 

I.          Call to Order/Salute to the Flag

Chairman Richenburg called the meeting to order at 7:00 PM.

 

II.        Acceptance of Minutes - none

 

III.       Old Business

Vynorious Piledriving, Inc. - 150 Elm St.

Motion by Selectman Knowles, Second by Selectman Klima; Unanimously voted to remove from the Table.

Atty. Caruso representing Vynorious was present again stating that this had been tabled so that the Health Agent could check the two issues in question and submit a report.  The 2 issues being dust particles and the noise levels.  He received a copy of the report in which it was indicated that the Agent found there was no dust problem at the present time but the potential is there, and the noise levels observed did not exceed the ratio and he pointed out that the traffic going by created more noise.  Atty. Caruso stated the business has been there for over 30 years without any complaints and therefore he requested that the license be granted tonight.

Selectman Klima addressed the aerial photos taken in 2002 and 2005 and asked what the large cylindrical piece of apparatus is that is shown in the 2005 photo that was not there in 2002.  Atty. Caruso said it is a movable silo that holds materials and has not changed the operations of the Company.  Selectman Klima said he’s been on the premises several times and observed that there was a lot of noise and dust coming from the silo; he spoke with the building inspector who is supposed to check the premises again and give a report to the Board.  Selectman Klima also has a question on the Health Agent’s report as well as questions as to whether or they the business conforms to the zoning regulations.  Based on these points he suggested this be tabled until the next meeting.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to table until the meeting of February 27, 2006.

 

LandscapeXpress, Inc. - 109-113 Rabbit Rd.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to remove from the Table.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to Table until the Meeting of Feb. 27, 2006 in order to get more information from the Board of Health.

 

MINUTES OF THE BOARD OF SELECTMEN MEETING OF FEB. 13, 2006

 

IV.       New Business

License Renewals:

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the renewal of a Parking Lot license to Joseph Wekelo - 207 No. End Blvd.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the renewal of a Class II license to Glen’s Auto Repair - 90 Lafayette Rd.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the renewal of a Class III license to Jim’s Auto Body & Glass - 128 Bridge Rd.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the renewal of a Repair license to: ET Racing - 1334 Elm St., and Jim’s Auto Body 7 Glass - 128 Bridge Rd.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the renewal of a Common Victualer license to: Hodgie’s Too Ice Cream - 136 Rabbit Rd., Performance Nutrition - 50 Elm St., Salisbury Dairy Queen - 96 Elm St., Simon’s Roast Beef - 167 Elm St., CJ’s Pizzeria - 203 Lafayette Rd., and Willey’s Candy - 4 Broadway.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to Table the application for Lena’s Sub Shop - 18 No. End Blvd. until such time as it is inspected by the Health Agent.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the renewal of a General license for: Cinema 95 - 201 Elm St., Gold’s Gym - 191 Elm St., Divine Touch Massage Therapy - 15 Main St. Suite 210, Open Concepts, Inc. - 107 Main St., Community Beauty Shop - 45 Baker Rd., Glowing Promotions - 191 Beach Rd., Knight Oil Inc. - 126 Rabbit Rd., Qing Gallery - 6 Merrill St., Kim’s Stuff-n-Fluff - 23 Old Elm St., Mindsights Entertainment - 91 Atlantic Ave., Elm Street Bait & Tackle - 110 Elm St., Small Craft Consignment Sales - 61 Bridge Rd., M&M Cleaning Services - 130 Bridge Rd., Paul’s Sportswear & Ski Shop - 107 Bridge Rd., Mares Jewelry Creations - 35 Toll Rd., Dot-s Beauty & Wig Center - 114 Elm St., Enterprise Rent-a-Car - 191 Elm St. Unit 2, Gordon’s Service Center - 54B Bridge Rd., and Canine Day Spa - 119 Ferry Rd.

 

b.  New Licenses:

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to Table a Class I license application for Seacoast Motors of Salisbury - 2 Merrill St.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve a General license for: Gourmet Pantry - 160 Beach Rd., Spiritual AHH Wakenings - 15 Main St.,


MINUTES OF THE BOARD OF SELECTMEN MEETING OF FEB. 13, 2006

 

Suite 202, The Small Engine Shop - 110 Elm St., and Salisbury Cane Chair - 134 Elm St.

 

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve a General license to Kevin Lewis Design - 82 Rabbit Rd. on the condition that there be no employees or clients on the premises.

 

c.  Committee Appointments

By-Law Review Committee - 2 openings - 2 applicants: Louis Masiello and Beverly Gulazian

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to appoint the above 2 applicants to serve on the By-Law Review Committee.

 

d.  Update/Presentation: Conservation Commission

Chairman Rick Whaley said he felt this is an opportune time to address the Board as it is coming up on budget time and he’d like to get as much as possible funded into his budget as there is great need for more hours for the Agent and secretary.  He then highlighted the number of Notices of Intent and the hearings per meeting and the amount of time conservation takes up.  The question of the paving at the beach came up and Mr. Whaley said that recently at Town Meeting there was a by-law passed that sought to allow anyone who already had paving to be able to maintain it or replace it.  Those who had it prior to 1977 and those with orders of conditions that they received between 1977 and the present, which included paving, should be able to do so.  However, it is the DEP’s position that anyone who was not in place after 1977 that it is not legal to replace the paving.  It is up to the Town to regulate this and make sure everything happens in a logical way.  He stated that it is possible to get an order of condition to re-pave, it is not possible to get one to pave.

Chairman Richenburg thanked the ConComm and Mr. Whaley for the work they do.

 

e.  Frank Bertolino re: Lion’s Club and a Voluntary Toll

Mr. Bertolino requested permission for the Lion’s Club to have a voluntary toll on Saturday March 11th from 11AM - 2PM at the traffic light at School street and Route 1.  This toll is to help defray costs for the Salisbury Little League and for Shane Lee’s trip to Australia.

Motion by Selectman Knowles, Second by Selectman Klima; Unanimously voted to allow the volunteer toll as requested on the conditions set by the Police Chief.

 

f.  Adoption of Affordable Housing Plan

Ms. Pearson addressed the Board regarding the Housing Plan and said this is a follow up to the last public hearing where many changes were suggested and have been made.  She presented the revised plan to be approved tonight.  Selectman Klima stated that this plan represents a tremendous amount of work and that it has been a very good exercise.  There are two portions in Chapter 40B that could give the town exemptions, and one is essentially if the Town can attain 10% affordable housing and this plan shows a way of getting there.  Another portion is if 1.5% of our land area is devoted to affordable housing and that is another part of 40B.  Selectman Klima than requested that Planning & Development come up with a definitive analysis of where the Town stands and a plan for utilizing


MINUTES OF THE BOARD OF SELECTMEN MEETING OF FEB. 13, 2006

 

the housing.  He then volunteered to help out with that.  Ms. Pearson said if that were done it would be another tool. 

Selectman Knowles initial 4 concerns with the Plan are: 1) unable to define affordable housing for the people in Salisbury.  2) lack of credit the Town receives for the mobile homes.  3) it does not define multi family, and 4) a minimum acreage calculation.

Ms. Pearson said if this Plan isn’t approved, the town will not have any control of truly affordable housing in Salisbury; by approving it the Selectmen have control to make the units affordable.  Regarding mobile homes, she agreed with the lack of credit the Town receives, but control is in the Legislature and she’s not sure where it stands right now, but knows there is a bill out there.  The multi family is defined by the building code, as are single family and duplex.  However, she would be happy to put footnotes explaining what multi family means.  Selectman Knowles asked if the acreage plan could be done without the Affordable Housing Plan and Ms. Pearson said it could be done separately. 

Chairman Richenburg complemented Ms. Pearson and her committee for the document and asked if there would be a problem if a vote was not taken tonight because Selectman Hunt is away and has tried several times to e-mail his comments without success and Chairman Richenburg would like to see what he has to say and since the majority of the Board is not here tonight, but Selectman Carroll will be at the next meeting and Selectman Hunt’s comments will be sent prior to the next meeting.  She assured the Board this is their time frame and is willing to wait.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to table the discussion of this Plan until Feb. 27, 2006.

 

Regarding submission of the CDBG grant, Ms. Pearson updated the Board regarding the Citizens Advisory Committee public hearing where it was recommended

 that she include the following items in the Grant: 1) Continue the Housing Rehab Program, 2) Looking at infrastructure (Maple Street project and sewer project on Old Elm St.), 3) Social Service Project to fund the summer camp at the Boys & Girls Club, and 4) Housing Authority Roof.  These multiple projects are in the target area and she will be applying for $1M.

 

V.        Comments by Visitors - none

 

VI.       Sewer/Water

Emily Antone - 57 No. End Blvd. Re: sewer billing


Mrs. Antone addressed the Board regarding her sewer bill being doubled after she had an addition put on her home in order to care for her elderly sister.  Prior to her doing this she claimed that she had been told that she would still be charged 1 EQR but it has now been increased to 1 EQR’s.  DPW Director was present and said the Town By-Laws for the sewer user fees state an accessory apartment is 1 EQR and he has met with Mrs. Antone several times and his findings mirror other departments.  The Assessor’s office has the property as a single family with an accessory apartment.  Chairman Richenburg said as it presently stands the Town is within its right to bill for 2 EQR’s and he would like to see this put off until the next meeting so that he can speak with the assessors office for clarification.

Motion by Selectman Knowles, Second by Selectman Klima; Unanimously voted to table this until the next meeting of Feb. 27, 2006.

 

VII.     Correspondence

·                      Notice of the Chamber of Commerce monthly meeting scheduled for Feb. 16th at 6:30 PM at the Hungry Traveler Restaurant.

·                      Adelphia’s quarterly complaint report and sample billing forms.

 

VIII.    Hearings -

7:30 PM - Verizon & National Grid - Underground Conduit - Ferry Rd.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to open the Hearing at 7:30 PM

Joseph Gleason, Right of Way Agent for Verizon and David Agnew representing NationalGrid requested permission to place approximately 80 feet of underground cable on Ferry Rd. to provide service to a new condo development.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to close the Hearing at 7:33 PM.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve the petition by Verizon and NationalGrid to place the 80 feet of conduit in Ferry Road to provide service to the Sawyer Lane Development.

 

7:35 PM - National Grid - Underground Conduit - First St.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to open the Hearing at 7:35 PM.

David Agnew of NationalGrid requested permission to construct underground electrical

conduit on First Street to service the marina.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to close the Hearing at 7:38 PM and grant permission as requested.

 

IX.       Town Manager’s Report

Mr. Harrington summarized his written report, a copy of which is attached and made a part of these Minutes.

 

State Budget Priorities was one of the Manager’s items outlined and Selectman Klima said he has drafted a letter to the State regarding this and highlighted 3 issues: 1) Restoring education funding, 2) Salisbury Beach Boardwalk, and 3) Rail Trail Development.  He then suggested the Manager compile a list of his requests also.

 

X.        Selectmen’s Report

Chairman Richenburg explained that the Selectmen, Town Manager and Warrant Advisory Board attended the Triton Budget hearing and the Manager put a letter together with the Town’s concerns and expressed that the Town is willing to work with them.  They responded back saying that they want to meet with the Town.

 

In reviewing the By-Laws, Chairman Richenburg said it became apparent to him that in obtaining a new license a note should be attached informing the applicant that they should review the by-laws.

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted that a note be attached to new license applications that the applicant needs to review the current by-law to make sure they meet all requirements.

 

XI.       Executive Session - none

 

XII.     Adjournment

Motion by Selectman Klima, Second by Knowles; Unanimously voted to adjourn at 9:10 PM.

 

Respectfully submitted:

Janet E. Flannery, Secretary

 

 

Approved:______________________________

     Fred Knowles, Clerk