Meeting location: Town offices
Date: June 6, 2019
Members present: Jay Jacobs, Kathy Scott, Andrea Hodson
Meeting opened: 7:00 pm; Meeting adjourned: 9:40 pm
Members of the public:Nolan Reilly, Lucy Reilly, John Cucchi, Anne Cucchi, Alex Cucchi, Annie Dintino, Don Scott, Pamela Worden, Charles Faucher, Winston Sims, Eleanor Drury, Jeannie Eastman, Kathy Bollerud, Mary Luella Zahner
Request for Noise Ordinance– Nolan Reilly addressed the Select Board to request institution of a noise ordinance. Mr. Reilly has Cerebral Palsy and, when fireworks are lit without advanced warning, as happened in his neighborhood sporadically and continually over Memorial Day Weekend, he suffers severe neurological and potentially life threatening conditions. Mr. Reilly does not seek an outright ban on fireworks but rather a compromise ordinance in which, possibly, a permit is needed, or notification to the Fire Department, or time limits/constraints. He submitted samples of regulations from nearby towns and presented the matter in the interest of domestic pets/owners and wildlife as well. The SB thanked Mr. Reilly for his submission, testimony and initiative. They noted that certain ordinances require a vote at Town Meeting while others can be instituted by the SB itself. They also noted the challenges of instituting and enforcing an ordinance of this kind. They will review the information, consider the matter further, and respond to Mr. Reilly with their decision about how they might proceed. Mr. Reilly thanked the board.
Update from Kathy Scott on NH Preservation Alliance Conference– Ms. Scott shared feedback on the May 31 conference in Littleton. She expressed disappointment as the HDC hoped to get more substantive information. She noted the HDC can continue to tap into the alliance for professional services but will move forward on its own to update its regulations. Separately, the SB noted it will ask the Town Clerk to complete the Oath of Office naming Anne Howe an Alternate Member.
Pamela Worden request– SB discussed their responses to the information packet, containing personal and legal document, submitted two weeks ago by Ms. Worden and Charles Faucher. In brief, the property owners request that the SB reverse its position and condition placed on any approval granted by the Planning Board on the Worden/Faucher application for a Voluntary Merger of their parcels. The condition is that the town retain its Right of Way on one of the owner’s parcels. Ms. Worden and Mr. Faucher last year withdrew their application from the PB until further notice because of this condition, but would like to work amicably with the town to resolve the matter. They contend the town has a right to cede the ROW claim.
The group reviewed some of the long history of the issue, including a vote at the 1978 Town Meeting, the settlement of a lawsuit filed by previous property owner, Toni Silk, and the town, and the 2007 agreements between the town and some of the Skatutakee Road property owners. Jay Jacobs noted he believes additional documentation, not included in Ms. Worden’s submission, exists that supports the Board’s position that the public right of way must be maintained and that the particular parcel in question is a separate issue from others which were deeded to owners where domiciles existed. Mr. Jacobs specified that the mediation settlement applies to parcels with cottages or structures and not to empty parcels and that the SB has consistently applied this specification in its transactions with Skatutakee Road property owners.
Discussion continued about the different interpretations of the legal language and the question of how to proceed, with Andrea Hodson asking if the issue could be settled by the approval of the Voluntary Merger. After more discussion, Ms. Worden and Mr. Faucher noted they will consider resubmitting their Voluntary Merger application to the PB and the SB noted it will explore the existence of additional relevant documentation on the legality. Mr. Faucher again expressed the desire to cooperate with the town and requested only to be treated fairly.
Fire Department – RFP for Roof replacement– The SB reviewed a draft RFP and considered Emergency Management Director Jeff Cady’s request that the RFP contain a clause requiring that the contractor guarantee a safety plan. The board discussed what might be typical for contractors and assured that any contractor awarded the bid would hold the proper liability insurance. Andrea Hodson will inquire further.
Health Officer– Skatutakee Road Spring – The board noted Mr. Belknap informed them that test results for water quality are normal and that the water remains safe to drink. A notice will be posted at the spring to indicate this. Separately, the board noted that the drinking water at town offices was tested, results are normal and the water is safe to drink.
Highway– Work on Hancock Road will begin next Thursday, likely starting on the Route 137 end as that’s where culvert repair started. Regarding the Prospect Street culvert repair, the Road Agent has indicated that, rather than putting the work out to bid, the Highway Dept will take care of it.
Enforcement of Logan Road improvements– Following separate site visits by Select Board members and with the Building Inspector, as well as review of photographs of all sections of the road and drainage work to date, SB noted substantive improvement and quality of work and that the turnaround for emergency and other large vehicles is sufficient. Following discussion of whether or not conditions set forth by the SB had been met by the Cucchis, Andrea Hodson moved to acknowledge that the required improvements had been made and, following a visit and approval by the Fire Chief, the SB would endorse approval of a building permit. Kathy Scott seconded. All voted in favor.
Streetlights– The SB discussed the work order to be submitted to Eversource, including information about outages of three replacement bulbs. It is not clear yet whether Eversource will allow LED bulbs in the refurbished heads. Eversource also is reviewing the LED rate request. Jay Jacobs requested to keep the two demo LED lights up on Main Street in the village and continued to question the streetlight committee’s mandate and what the town originally voted on regarding transitioning to LED lights.
Winston Sims asked the whereabouts of a shoreland permit for 160 Hancock Road. Andrea Hodson noted it resides in the Town Clerk’s office and that it was approved by the Conservation Commission in 2018. She noted she could not speak to exactly when the work was done and whether or not it was during Lake drawdown as the Conservation Commission had understood it would be. Mr. Sims thanked the board and will inquire with the Town Clerk.
Per RSA 91A:3,II(a), at 8:32 pm the SB moved and voted unanimously in favor to enter non-public session to discuss the role, hours and compensation for the Deputy Tax Collector during Tax Collector’s leave of absence. Following this, the SB discussed employee job descriptions. At 9:35 pm, SB moved and voted unanimously in favor to exit executive session.
Select Board Meeting Minutes of 5/31/2019– SB wished to add to the prior week’s minutes that it acknowledged the update from the Planning Board regarding advise from counsel about the zoning ordinance amendment related to impervious cover that was adopted at Town Meeting. Given a procedural flaw, language of this provision will remain as it was prior to the Town Meeting vote.