MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - DECEMBER 4, 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.
II. Acceptance of Minutes - none
III. Old Business
Barton Corporation General License
Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to remove from the table.
As requested at the last meeting, a letter was sent by the Manager to the abutters of Barton Corp. informing them of Mr. Brown’s request to change the hours of operation back to the original hours of 6AM - 4PM. Mr. Brown stated that he keeps the doors closed until 7AM, loads the trucks either the day before closing or after 7AM, and has had his employees park in the rear of the building. One resident who resides at 22 Pleasant Street spoke on Mr. Brown’s behalf stating she’s lived there since Mr. Brown took the business over and she never heard of any complaints or problems until she read it in the papers and she has no problem whatsoever.
Selectman Klima said he feels that Mr. Brown has made a reasonable offer in trying to be cooperative and respectful of his neighbors.
Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to amend Mr. Brown’s license, effective immediately, to allow him to open at 6AM and keep the overhead doors closed until 7AM; to arrange for his employees to park at the rear of the building and keep noise levels at a minimum; and to have the outgoing truck loaded the day before it is scheduled to leave, rather than loading it in the morning.
Landscape Xpress
Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to remove from the table.
At the public hearing held at the last meeting, the Building Inspector met with Landscape Xpress and as a result of that meeting a letter was sent to the Building Inspector from Landscape Xpress outlining the steps they wish to take with concern for the neighbors. The Building Inspector then prepared a letter where he specifically addressed the issues brought up by the neighbors re: noise, odor and dust. Basically, what he found was there have been violations of the zoning by-laws as they pertain to odors and noise and he has ordered them to cease and desist. This new letter addresses all the concerns of the neighbors, as well as those of the Selectmen.
This letter was finalized and mailed out today, but a copy of it was given to Landscape Xpress at this time.
Atty. Francis A. DiLuna, representing Landscape Xpress was present and stated that the letter they sent has it all “wrapped up”.
Chairman Richenburg asked if they would be in agreement to not remove the piles until December 24th and have it completed by March 13th for that is the time period when Lena’s will be closed. This also includes the Building Inspector’s conditions as outlined in his letter regarding the woodchips, composting and blending process as well as recycling of the wood fibre. Mr. Johnston of Landscape Xpress said they would comply but would like to complete the processing regarding the recycled wood chips which will only take a couple of days to remove. Selectman Klima said he feels that if there is any change in the letter it should be between the Building Inspector and Landscape Xpress. It was agreed that the work will take place after December 24th and end no later than March 13th. This change will be passed on to the Building Inspector and he will send an addendum to his letter to Landscape Xpress.
IV. New Business
License Renewals:
Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to approve a renewal of a Class I license for: Seacoast Motors of Salisbury - 2 Merrill St., Ryder Transportation Services, Inc. - 74 Main St., and G&G Cycle Sales of Salisbury, Inc. - 142 Lafayette Rd.
Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to approve a renewal of a Class II license for: Causeway Enterprises, Inc. - 77 Bridge Rd., Glen’s Auto Repair - 90 Lafayette Rd., and Car’s of Yesteryear’s - 42-44 Bridge Rd.
Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to approve a renewal of a Class III license for Causeway Enterprises, Inc. - 77 Bridge Rd.
Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to approve a renewal of a Repair license for Great Bay Autobody-Marine Co. LLP - 162 Bridge Rd.
Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to approve a renewal of a Common Victualer license for: Sylvan Street Grille - 105 Elm St., New England Chocolate Co., Inc. - 123 Lafayette Rd., and Stripers Grille - 175 Bridge Rd.
Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to approve a renewal of a General license for: Rangeway Golf. Ltd. - 167 Elm St., Eaton’s Old Time Prints - 194 Lafayette Rd., RJ Tindle, Inc. - 118-122 Rabbit Rd., Fort Hill Antiques - 5 Congress St., Johnson Lumber - 133 Main St., American Landscaping - 68 Folly Mill Rd., Bridge Road Gas & Auto, Inc. - 157 Bridge Rd., The Stage of Newburyport - 141 Bridge Rd., and Clover Club Boat Storage - 40 Bridge Rd.
An application for a General License was also received from Ramson Kennel - 29 Blacksnake Rd. This was tabled because Selectman Hunt requested clarification on the size of the kennel.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve a renewal of a Entertainment license for: Pat’s Diner - 11 Bridge Rd. for a juke box and to Stripers Grill - 175 Bridge Rd. for live entertainment.
b. New Licenses:
Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to approve a Common Victualer license for: All American Tavern - 34 Bridge Rd. (Formerly Olde Towne Tavern) and Mapoutia’s Inc. - 147 Bridge Rd.
c. Committee Appointments - none
d. Update/Presentation: Police Chief/Liquor Commission
Chief L’Esperance announced that Officer Steven Sforza has transferred back from the Haverhill Police Dept. Also, he has hired Officers Leavitt and Dow to replace Anne Champagne and Insp. Gary Lattime.
Tomorrow, he is going to meet with several department heads on capital improvements. At the May Town Meeting he hopes to discuss several small by-law suggestions re: making changes to the taxi cab license by-law. He has worked with the liquor commission and has assigned Det. Merrill as a liaison with them which is working out well. The new radios have been purchased and put into operation. The Sheriff’s Dept. has come in and done a graffiti survey and they hope to clean it up before winter sets in. The traffic speed control sign has been well received and he has received many requests to cover various areas around town. They are starting to clean up some unregistered cars around town and getting them removed. In relation to that issue, he has instituted a program on the midnight shift for checking for New Hampshire registered vehicles here in Salisbury. He and the Fire Chief have been working with the Harbormaster on different initiatives. The parking ban will go into effect December 1st starting with a ticket warning which is a “friendly” reminder that it is in effect. The only time it will become an issue is when it snows.
Liquor Commission
Chairman Paul Doyle introduced 4 of the members who were present tonight: David Colburn, Vice Chairman, Sandra Munroe, Brian McMenimen, and Peter McDonnell and said he is proud to be Chairman and feels the Commission is on the right track. He then gave a brief summary of the members’ qualifications. Presently the town has 15 annual license holders serving all alcoholic beverages on their premises; 5 seasonal license holders serving all alcoholic beverages on their premises, 1 seasonal all alcoholic package store and 1 seasonal beer & wine package store; 4 annual license holders serving beer and wine on their premises and 4 all alcoholic package stores and 3 beer and wine only.
Selectman Hunt said he served on the license commission for 4 years and can appreciate what they do – it’s not easy and there’s not much reward. Chairman Richenburg said he has a very good working relationship with Mr. Doyle and when there have been issues they have been able to work things out and he thanked Mr. Doyle for that.
e. Harbor Commission re: 2007 Boating Fees
Reggie Santos gave a brief overview of the boating fees and the fee schedule and stated that they are not asking for any increase this year. A copy of the schedule is on file in the Selectmen’s Office.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve the rates as presented.
f. Wayne David re: Flooding problems on Bridge Rd.
Mr. David said this was placed on the agenda as a result of a petition he presented by at the last meeting. He then introduced Peter Phippin, Coastal Coordinator for 8 Towns and the Bay, who addressed the issues of flooding and potential marsh restoration as a result of the collapsed culvert. In talking with CZM and NOAA he found they both have funding available and they suggested that the Selectmen provide them with a letter as to the kind of assistance they are looking for and also designate a person to serve as a project liaison. After that some sort of an initial plan might be developed. At this point in time Mr. Phippin doesn’t know if the federal agency could finance the whole plan or if they would be seeking some assistance from the Town. Selectman Klima said there are issues to be addressed, particularly around the marsh and Bridge Road but we are looking at years as opposed to months to see some result and he would be willing to work with the Planner and Conservation Commission on this.
Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to write a letter to CZM requesting an exploration of restoration of the marsh and flooding at Old Town Creek and Route 1 and appoint the Planner and ConComm Agent as a liaison.
g. Falling Leaf Realty - Vote to Sign Amendment to Regulatory Agreement
Brad Kutcher explained that this Amendment was necessary because when the first unit sold a typographical error was made in the schedule of affordable units and the Agreement had to be corrected to read D1 Sawyer Lane rather than E1 Sawyer Lane.
Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to approve the change as requested.
V. Comments by Visitors - none
VI. Sewer/Water
VII. Correspondence - none
· Invitation to the Firefighters “Breakfast with Santa” on December 16th at the Fire Station.
· Invitation to the Holiday Open House at Triton.
VIII. Hearings -
7:30 PM - Sewer Access Fee Abatement Request - 1 Souther Lane
Motion by Selectman Hunt, Second by Selectman Beaulieu; Unanimously voted to open the hearing at 7:30 PM. It was then pointed out that this hearing was just for the Whaley’s and not for the other residents who signed their letter.
Mr. & Mrs. William Whaley of 1 Souther Lane requested a hearing based on the fact that when they agreed to the project there was no mention of an access fee until it was halfway completed. Mr. Levesque, DPW Director gave a copy of a memo to the Manager, which is available for review in the Selectmen’s office. This memo was a historical summary of the project which listed major project milestones from planning through construction. The sewer and water access fee regulations were written and passed in July of 2004 and given to the residents of Forest Rd. and Old County Rd in August of 2004.
Selectmen Klima said it was very clear that the regulations did apply to any new hook up or user after the effective date which would include the Forest Rd. Project.
Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to close the hearing at 7:58 PM.
Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to schedule a public hearing for the other petitioners listed in Mr. Whaley’s letter for the next regular meeting at 7:30 PM and table the decision on 1 Souther Lane.
Tax Classification Hearing
Motion by Selectman Beaulieu, Second by Selectman Knowles; Unanimously voted to open the hearing at 8:10 PM.
Chief Assessor Cheryl Gillespie addressed the Board and introduced the other two members of the Board of Assessors: Edward Gagnon, Chairman and Sherry Volpone, Field Assessor/Member. She then outlined each exemption after which a vote was taken.
Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted not to adopt the open space classification.
Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted not to adopt the residential exemption.
Motion by Selectman Hunt, Second by Selectman Beaulieu; Unanimously voted not to adopt the small commercial exemption.
Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to maintain a single tax rate with a factor of 1.00.
Motion by Selectman Knowles, Second by Selectman Hunt; Unanimously voted to close the hearing at 8:40 PM.
IX. Town Manager’s Report
Mr. Harrington summarized his written report, a copy of which is available for review in the Selectmen’s Office.
X. Selectmen’s Report
Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to ratify the signing of the following weekly warrants: W07-67 - Payroll-Police; W07-70 - General, Water, Sewer; W07-72 - Community Development; W07-71- CDBG; W07-77 - General, Water, Sewer.
Selectman Klima said he went to Erving, MA last week to meet with a group from STAR to work out ways to increase funding for the program. Letters were sent to the Governor Elect and to the Lt. Governor and a meeting is scheduled next week with the Lt. Governor.
Selectman Hunt said he would like to meet with the DPW Director to have the sandbags replaced at the beach before winter, because there was a very high tide today and there are breaks in many of the bags.
Chairman Richenburg complimented and thanked everyone who worked on the tree lighting ceremony which was very well attended.
XI. Executive Session - none
XII. Adjournment
Motion by Selectman Klima, Second by Hunt; Unanimously voted to adjourn at 9:50 PM.
Respectfully submitted:
Janet E. Flannery, Secretary
Approved:______________________________
Donald Beaulieu, Clerk