MINUTES OF THE BOARD OF SELECTMEN MEETING

MONDAY - SEPTEMBER 11, 2006 - 7:00 PM

 

WILLIAM HILTON CENTER

 

PRESENT:     Selectmen Henry Richenburg, Chairman, Ed Hunt, Jerry Klima, Fred Knowles, and Donald Beaulieu

 

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 and then called for a “moment of silence” in remembrance of the victims of 9-11 and their families.

 

II.        Acceptance of Minutes

Minutes of August 7, 2006

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to accept the Minutes of August 7, 2006 with some corrections being made.

 

III.       Old Business

DCR re: Acquisition of land at 4 Murray St. by Eminent Domain

Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to remove from the table.

Mr. Harrington reported that a representative from DCR called and spoke with him in lieu of sending someone tonight and he explained that a mistake had been made in the original request in August and the amended vote was submitted for the Board’s approval.  However, the date of Sept. 1st was omitted but it is still relevant for the Board to vote and basically this is a ratification.

Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to approve the taking by the DCR as outlined.

 

IV.       New Business

License Renewals:

Motion by Selectman Hunt, Second by Selectman Beaulieu; Unanimously voted to approve an Entertainment license to Bevie B’s Seaside Bar - 3 Broadway for a band/juke box.

 

b.  New Licenses:

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a Sunday license and an Entertainment license for weekdays to VM Baseball, Inc. - 6 Old Elm St.

 

A General license application from Barton Corp. Of 22 Ferry Rd. was received.  Ken Brown, owner of Barton’s addressed the Board stating that he purchased the business 8 years ago and had just been made aware that he needed a license.  Chairman Richenburg read a letter signed by several residents neighboring the business complaining of the early opening hours and the noise created at that time.


MINUTES OF THE BOARD OF SELECTMEN MEETING OF SEPT. 11, 2006

 

Selectman Beaulieu asked if all activities are confined to the inside and Mr. Brown said they are and the only outside activity is loading the trucks.  He also stated that there’s never been a problem and cited a recent incident with one woman.  He also stated that several years he had noise tests done and  he passed with “flying colors” with the exception of the blower system so when that is used the doors to the outside are kept closed.  He also had mufflers installed on equipment to keep noise down.  It was the general consensus of the Board to have the opening hour at 7AM rather than 6AM.   Selectman Hunt suggested that Mr. Brown meet with the neighbors and find out what it would take for them to agree to continue with the 6AM opening.  However, Mr. Brown said he didn’t feel he shouldn’t have to do that because of the one person who started the complaint, especially since he has done his best to keep the noise down, etc.  Chairman Richenburg agreed with Selectman Hunt’s suggestion that he meet with his neighbors.  Mr. Brown then said if that is what it will take he’ll do it, but he’s still not comfortable with it.  Selectman Klima suggested a third party sit with them as he didn’t think it would be very productive and he volunteered to be the third party and Selectman Hunt also volunteered to do so.

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to table this issue until the next meeting in order to give Mr. Brown an opportunity to meet with his neighbors.

 

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to approve a General license to VM Baseball - 6 Old Elm St.

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a General license to Andover Coated Products, Inc. 9 Fanaras Drive.

 

Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to approve a General license to Precision Pool Construction, Inc. - 126 Bridge Rd.

Selectman Beaulieu noted that these last 2 applications weren’t signed by the applicants and requested that they be signed before the approved license is issued.

 

c.  Committee Appointments - none

 

d.  Boston Affiliates - Historic Survey Presentation

Bev Gulazian representing the Historic Commission announced that the Boston Affiliates representatives left and she suggested that this be re-scheduled for the next meeting.

 

e.  Update/Presentation: Harbormaster/Harbor Commission

Reggie Santos reported that as of yesterday (9/10/06) the Commission received almost $51,000 in income which is a shortfall of about $3,000 of the projected amount.  He saw 3 possible reasons for the minor shortfall; One was poor boating weather, second was the high cost of gasoline, and thirdly the under-utilization of the new up-river mooring floats.  Future plans for the Harbor Commission include continued work on a Master Plan with the help of the Urban Harbor Institute of the University of Mass., of which Larry O’Brien is leading the effort.  Also included is additional training for the harbormaster’s office and physical improvements to the site such as adding pilings


MINUTES OF THE BOARD OF SELECTMEN MEETING OF SEPT. 11, 2006

 

along the bulkhead of the town dock and paving of the walkway there and around the flagpole.  Options are also being considered to improve access to the Merrimack River to allow for more recreational opportunities; for example they are negotiating with the MBTA to acquire about 60 feet of land along the river bank.

 

Ray Pike, Harbormaster covered some of the same issues as Mr. Santos and added that there is hope to eventually open up for clamming along the Black Water River and if that does occur human access to the flats must be found since the only access right now is from Seabrook along Rte. 286 which includes private property.  There is still work to be done along the river banks where debris was deposited after the May storms.  Another recreational goal was met with the continuation of the community boating program sponsored by his office.  This year, as last year a number of children completed the Red Cross’s 2-week boating safety program in conjunction with the Boys and Girls Club.  He’s like the program to continue in year to come and would like it to be expanded to a 6-week program.

 

f.  Acceptance of Conservation Deed from Ferry Rd. LLC (Palis Dr.)

Board had been provided with a copy of the deed and the purpose of the land being donated.  Taxes have been paid and Town Counsel said the Town can proceed with the acceptance of the land which is a portion of a dead end on Palis Drive which is connected to the rail trail; at this time there is no impediment restricting the Town from accepting the land.

Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to accept the deed subject to obtaining title certification.

 

g.  Acceptance of Palis Drive as a public way - referral to Planning Board

Mr. Levesque said there are some issues that have to be addressed which will be stated to the Planning Board.  Also the abutters will be informed by the Planning Board that the town is in the process of accepting the street and if they have any issues they will be requested to notify the Town.

Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to refer the acceptance of Palis Drive as a public way to the Planning Board

 

h.  Salisbury Square Zoning Amendments - referral to Planning Board

Selectman Klima stated that the Zoning Review Committee has completed its work on the proposed amendments of zoning for Salisbury Square and have submitted them to the Selectmen.  A petition was also presented requesting that they refer it to the Planning Board for their approval to be presented at Town Meeting.

Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to place the zoning amendments on the Fall Town Meeting Warrant and submit them to the Planning Board for review and public hearing as required by law.

 

 

 

 

i.   Meeting Dates for 2006-07

It was agreed that the Selectmen would meet on the following dates from October 2006 through March of 2007.

October 16th and October 23, 2006 at 6:00 PM just prior to Town Meeting.

November 6th and 20th

December 4th and 18th

January 8th and 22nd

February 12th and 27th

March 12th and 26th

 

V.        Comments by Visitors - none

 

VI.       Sewer/Water - no action

 

VII.     Correspondence

·                      Letter from the National Treasurer Employees Union re: the IRS in Andover shutting closing in 2009 and the Union was requesting the Selectmen to write a letter in support of keeping it open.

·                      Letter from Christine Gallison resigning from the Rent Control Board.  Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to accept the resignation and to send a letter thanking her for her service.

·                      Letter re: the sale of wine in grocery stores.

 

VIII.    Hearings -

7:30 PM - NationalGrid - Underground Conduit - 9 Atlantic Ave.

Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to open the hearing at 7:30 PM.

John Butler, representing NationalGrid presented a petition to install underground conduit from an existing pole on OceanFront South to provide service to 9 Atlantic Ave.

Selectman Hunt asked why they couldn’t go down Atlantic Ave. in the back and Mr. Butler said in this case where a three phase was requested and is available in the front and not in the back they want to do it in the front.  Also to do it in the back would require re-construction of everything from Oceanfront to Railroad Ave.  Mr. & Mrs. Schaefer requested that the transformer be placed on the pole in front of the house it would be supplying service to and not in front of their home.  After some discussion it was recommended that this be continued until the next meeting in order to have Mr. Butler have his engineers review the request so that all parties are accommodated.

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to continue the hearing  on Sept. 25, 2006 at 7:30 PM.  The continuance will allow National Grid to explore the issue of putting the transformer on a pole at 9 Atlantic Ave. and if space isn’t available at #9 then possibly a new pole could be erected at a new location.

 

 

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 Hunt:

Has received complaints from residents on Rabbit Rd. about the odor again at Landscape Xpress and he would like an update from the Health Dept.

Commented on the new fire truck in that it is a “beauty” and it’s a pleasure to see the positive changes that have been made in that department.

Sea Dogs won the first game then they were out, but overall Salisbury did very well and he’s pleased to see the morale in Salisbury is up.

 

Selectman Klima announced that on Thursday, 9/21 the Town is having a work day with Timberland who will be bringing 150 people with them to do more work on the rail trail.  Everyone will meet at 9AM at Scholz Terrace.

 

Selectman Beaulieu:

Attended a public hearing on August 16th at the DTE re: Verizon and as a member of community access he will be going to a seminar on Oct. 15th re: building a facility.

 

The issue of signing warrants: he met with Chairman Richenburg, Mr. Harrington, and Andy Gould.  After looking at the Selectmen’s Handbook there are no statutory requirements, but there is to be a vote at each meeting to approve the warrants after reviewing them.  Selectmen can go in and review the warrants and then vote on them which should satisfy the DOR requirements.

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to direct the Town Manager to direct staff that all warrants requiring Board signatures be made available for review and signatures for a minimum of 72 hours (not counting Sundays).

Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted that the signing of the vendor and payroll warrants be placed on our agenda for all warrants that have been signed by the Board since the previous meeting.  The Agenda item should contain the warrant number.

 

XI.       Executive Session - none

 

XII.     Adjournment

Motion by Selectman Klima, Second by Beaulieu; Unanimously voted to adjourn at 9:50 PM.

 

Approved:______________________________

                 Donald Beaulieu, Clerk