Town of Greenfield
Selectmen’s Meeting Minutes
Thursday – February 26, 2004 – 5:45 pm
Present: Selectmen: Selectman, Conrad Dumas Selectman, William Brooks; Selectman, George Rainier
Meeting opened at 5:45 pm
Administrative Assistant, Debra Davidson taking minutes
Department Heads:
7:00 – Deputy Moderator, Tom Mullins – Mr. Mullins met with the Board of Selectmen to discuss how he is going to run town meeting, he intends to read Roberts Rules, follow the warrant and run the meeting basically as Moderator, Peter Hopkins does. Residents will get to have their say; once an article is acted upon reconsideration will not be allowed. Discussion continued to follow regarding Town Meeting.
Appointments:
6:00 –Attorney, John Teague and Planning Board Members (Kavenagh & Fletcher) – Class VI Roads – Attorney Teague called this meeting to discuss in general the Class VI Roads issues within NH. Legislature is adding private rights of way to properties that are considered Class VI Roads; if the Planning Board and the Board of Selectmen are in agreement and want to address this matter they should begin the process sooner than later. This is a result of so many people asking for building permits for property located off Class VI Roads and off private right of ways. Attorney Teague explained further that some towns allow people to sub-divide and create their own road frontage, those located off Class VI Roads argue they should be given the same right. However, it isn’t a constitutional right to be able
to sub-divide property. Towns get backed into corners; Greenfield has a number of them that are similar; before it gets away from us we should discuss our policy and take action to be pro-active rather than re-active. Attorney Teague stated he has gone through site plan regulations and zoning, it is a little confusing, he would like to see the Planning Board define frontage on Class V Roads or better and/or a street on the official map. Attorney Teague asked what is the official map? Has there been an inventory of Class VI Roads?
Planning Board Chairman, Fletcher responded that the Master Plan has just been completed and incorporated those roads into the master plan. Road Agent Fox, Attorney Teague and Selectman Dumas all reviewed the new zoning map. Selectman Rainier looked for the list of Class VI Roads, copy to be provided to Attorney Teague.
Lengthy discussion followed…
Road Agent Fox asked about impact fees? Where do they come into this formula…we have an impact fee ordinance.
Attorney Teague: One of the impacts would be, the developer would have to pay for the upgrade, developer would do his/her interior roads anyway they chose, but if the road were to be maintained by the Town the burden is on the developer.
Fox was asked to clarify what he means…. Fox used the example of Rogers Road; if someone wanted to upgrade Rogers Road how does the Town get their share from the developer towards more machinery, more man power, wear on vehicles etc...
Attorney Teague said we should deny the permit. We shouldn’t be issuing permits where it is hard, if not impossible to get to.
Fox stated that a recent policy to have anyone wanting to upgrade a Class VI Road must have a stamped engineered drawing, he further asked if there is any problem demanding engineered drawings for Class VI?
Attorney Teague: No, that is the absolute bear minimum – Greenfield has tried to be consistent with not allowing building on Class VI Roads, they should continue with this rule as it is not wise to have houses built in areas that are impassible during various times of the year.
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Planning Board Chairman, Fletcher stated that recently two instances have come before the Planning Board, they did require them to upgrade the road and they did it.
Attorney Teague stated that is exactly what the Town needs to get criteria on; via the Master Plan, developing maintenance plan to review the costs of the towns expense thereafter. Some instances roads will need to be rated….
Board of Selectmen and the Planning Board must act whether or not building is taking place on Class VI Roads or not.
Road Agent Fox stated he feels if a New Hampshire Engineer designs the road and is consistent, then everyone is being treated fairly and no one can complain.
Attorney Teague stated that one house lot is a lot different than a complete subdivision. The Boards need to get together and discuss if it is time to draw the line, with a new Master Plan being in effect it allows for a perfect opportunity to make new definitions.
Selectman Dumas asked should the Towns Master Plan explain that we wish to preserve open space for the future generations?
Planning Board Chairman, Fletcher read and discussed RSA 674:71
Attorney Teague discussed the term practical difficulty
Kavenagh – Can we determine the slope, road requirements etc. to determine what is/is not required, you know define a set of standards? Is it legal?
Attorney Teague – Yes, you can define standards it is referred to as a “Steep Slope Ordinance”, roadway construction requirements etc. can all be incorporated into this ordinance. Other options for the ordinance could include items such as, regulations on the clear-cutting of trees, subdivision regulations and more.
Kavenagh – How do shared and/or common drives fit into this equation?
Attorney Teague – these types of drives are considered private, and the town would not accept them as a private road. However, many towns limit the number of houses that can accommodate the one drive.
Selectman Rainier – The developer must file a legal document at the registry indicating who is responsible for the maintenance of the driveway.
Attorney Teague stated that options to a common drive allowing only two residences is acceptable as well as requiring the drive to be built to subdivision specs. 1000’ limit of road with a dead-end, a cul-de-sac installed at that point and then another entrance through another means is very common, beyond that you can get into trouble with remote properties, dips, culverts etc…. Teague stated that he would provide the town office with this information in detail.
Planning Board Chairman, Fletcher – Her first question was regarding can subdivision regulations be done by the Planning Board at a public hearing or must it go before Town Meeting? Our regulations were last updated in 1970
Attorney Teague stated that yes; the Planning Board can update the regulations at a public hearing.
Discussion followed and it was agreed that the Selectmen and the Planning Board need to determine what/where we want the town to stand within new regulations and they must stick to them – the Board of Selectmen and the
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Planning Board need to agree on the regulations. Discussion regarding how to determine what roads could be buildable and what ones cannot follow.
Teague again stated they need to review where they want to encourage growth and where they do not want to encourage growth. Just because the state authorizes a private cut, does not mean the Town has to allow a subdivision, frontage is what matters, and then the discussion comes as to what constitutes frontage? This is a serious problem within the State of N.H.; with the increased growth this is a real concern, especially for smaller communities. Teague suggested that the Regional Commission should help us establish a good model. Marilyn will look at the Office of State Planning website, which she has found to be extremely helpful. Teague will go through their ordinances he has worked on for other communities similar to our community that have worked hard to adopt a good policy and send it to the town as a model.
No further discussion, Selectmen thanked Planning Board members and Attorney Teague for this discussion.
7:15 – Sheldon Carbee - Mr. Carbee asked to speak with Selectmen in response to the letter of 2/19/04 he received from the Board, reference wastewater usage. Mr. Carbee is responding to the letter sent, he understands how it happened, had some guy in the middle of the summer measuring the building. Mr. Carbee assumed that it was someone with the wastewater project, but he didn’t ask. The information was accurate, he said he has been waiting for quite a while to be hooked onto the wastewater system, now to have the coffee shop running is wonderful, the Griffins have shown interest in expanding into the vacant portion of the industries and would like to possibly hook into the town system with the vacant portion. Due to the restraints of the State of NH – Wastewater Division, that portion
of the building is currently under water restriction; what needs to be done for this to be included in the system? Public bathrooms are available for the restraunt, and 13 apartments are hooked into the current system he is at the maximum capacity. He had the building metered for a year, the usage has remained the same, and it required 102 GPD. Additional rental would add another 32 seats, or approximately 100 GPD. Serious interest for the Carbees as the income of the rental will be a significant income.
Rainier explained that Underwood Engineers were the designers of the system, final designs were provided early this winter and incorporated the newest type of system, this was to incorporate most updated State regulations. The State has regulated the number of properties that can go onto the system to qualify with the regulations vs. usage of gallons/day. There is currently a small amount of extra space, the entire system will need to be metered for one year before they can indicate if there is extra capacity for the system. The establishment of Mr. Carbees was figured at 28 seats and 9 apartments. There are two ways of monitoring the usage based on the plan the system is figured for 1,125 GPD; Meters are approximately $1,200.00/ residence to place a meter on each building to monitor the flowage or we can monitor from
the PS of flowage out of the system.
Selectmen told Mr. Carbee they are glad to know of his interest and they will keep him advised.
7:30 – Barbara Mangini; Attorney - John Cronin; ZBA Member - Kevin O’Connell - Update on the Greenfield Inn property – Mr. Cronin was here to address the letter received by Peter Hopkins dated February 19th. Mr. Cronin further stated that it would be his suggestion to have someone appointed in Peters stead to inspect the Inn and assure that there are 9 bedrooms, which sleep 18 people. The Carriage House is being rented to a family whose son is a resident at Crotched Mtn. Mr. Cronin believes this is a permitted use. At the time the original plan approval was given, the Mangini’s did not own the Carriage House.
Selectman Rainier asked about the State Fire Marshall concerns and if they were being addressed?
Cronin stated that they have to start somewhere and they are complying with the requirements…
The Mangini’s have chosen not to change the use of the Carriage House and will keep it in the fashion of a rental property for a minimum of 9 months.
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They have been waiting for an inspection
Rainier – who did you ask?
Mrs. Mangini stated that a letter was sent to the Town Office and to Peter Hopkins on December 19th.
Selectman Dumas is in agreement that if the inspection supports what they are saying, as far as Selectmen are concerned, they are ok.
Deb will contact one of the inspectors for the inspection, 9 rooms 18 paying customers is what the Inn should be accommodating. Mangini’s should expect a call within a week. Phone number for Mangini is 547-6327
On – going matters:
1. Town Report is going to the printer 2/25. on hold due to the Town Management Assessment report being changed after the Selectmen had approved the draft for printing. After discussion with Town Councel, the report will be printed with the report that was read by Selectman Rainier on 2/25. Deb will fax the report to Town and Country and discuss this with them. The Selectmen directed Deb in the future, she is to do the report.
2. Dowtown Project – VanDyke has Punch List items for Spring.
3. Wastewater policy – On going - will remain on the agenda until finalized.
Other items:
1. Minutes - Selectmen accepted the minutes of 2/19/04 Selectmen’s Meeting as written
2. Selectmen approval –
P/R Checks and Invoices
Elderly Exemption –
Appointment – Dep. Town Clerk, Kathi Kendall to fill in for Dee while she is out on maternity leave.
3. Food Pantry – Chris Borden requested permission to place a sign on the common green indicating the food pantry has relocated and the hours of the food pantry. Selectmen approved the signage but it is not to become a permanent fixture
4. Woman’s Club – Review letter from Woman’s Club requesting the installation of sconces on either side of the mirror in the Meeting House. They will incur the expense, they would like to have them as a memorial for Velma, and they would also like this done before April when Velma’s burial is. Selectman Rainier asked to see either one of the sconces they will be installing or a reasonable facsimile before they make a decision.
5. Town Management Committee – Notice of Meeting on Thursday March 4th – (see attached documents in mail from Adele) – RSA 41:14 from Gil Bliss – upset that the Committee Report is not.
6. Boiler Inspection – We are in receipt of a civil penalty of $100.00 from NH Dept. of Labor for not having our boiler inspected. This is an error on their part, letter was sent to our insurance company, Debbie had provided the insurance company with all notifications, Hartford Insurance did not do the inspection, Hartford Insurance has indicated they will be out here in the very near future for the inspection and will pay the cost of the penalty. They will send documentation indicating they have received everything from our office, that it is an oversight on their part.
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7. Mail –
· A9-A12 submitted from Greenfield Commons
· Letter from Attorney Teague – RE: David Cutter – R7-Lot 18
· Misc. Mail.
· Memo from SWRPC permission to release property line GIS data to NHDOT
· Letter from Woman’s Club
· Letter from Christopher & Marcel Horne resulting from letter received by Peter Hopkins
· Review fax’s from Adele Gagnon
· Letter to NHMA from Deb regarding Boiler Inspection
· Memo from Mary Haggerty regarding her abatement
· NHDES – looking for three individuals interested in serving on a local advisory committee for the Contoocook River. See letter (Spirit news????)
· Review bid from David Voorhis for replacement of windows
· Timber Tax abatement - Sherburne $57.
8. To Be Discussed Folder – Expense reimbursement questions – Deb discussed that it has never been past policy, but an employee has submitted mileage to come to work for office hours? Selectmen discussed this matter, the Town does not pay mileage to come to work, we reimburse employees for utilizing their personal vehicle for code inspections, travel for education and/or conventions, travel for purchase (i.e. recreation dept., highway) not for coming to work. This will be explained to the supervisor who will explain this to the employee.
9. Meeting House Curtains – Discussion followed regarding the side curtains on the stage, a resident has purchased some curtains and would like permission to put them up during the Winter Carnival. Selectmen approved this request for the Winter Carnival only.
10. Recycling Handout – Selectman Dumas stated he wanted Deb to type up a presentable handout to have available to the residents for Town Meeting. He would like her to have it done for the Selectmen’s Meeting on the 4th.
11. Clarifying Statements of previous meeting – Deb wanted to clarify statements that were made at the previous Selectmen’s Meeting – Re: Treasurer & Tax Collector
· The Deputy Tax Collector is available, however she has not ever been trained, she could not fill in for the Tax Collector if/when he was out of town.
· The Balance of our account is accessible on line at anytime for up to date balances. There is no need for the Treasurer to be upset that she doesn’t have any idea what the balance in the account is. She does have the tools to access it.
· Bob is a team player, there may be issues between Nancie and Bob, however in the past Bob has been here until 2:00 am with me working on tax bills, MS-1. He does the deposits for Nancie, as well as for the misc. income.
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· Taxes (the bills not taxes, taxes come in bills go out) have always been mailed within the 30 days allowed by RSA 76:11 after the Tax Collector received the signed warrant from the Selectmen. The warrant is verified and tax bills mailed out.
· We have not been late on our TANs for two years in a row. In 2002 the Town requested an extension, which was granted, from the DRA due to the fact that the reval was not yet complete, as well as there were errors in the assessing software when calculating the tax exempt properties. That was the year the Tax Collector stayed until 2:00 am working on the figures, Avitar worked with us, everyone did. This did delay the mailing of the tax bills, however it was approved by the DRA. The tax bills did go out on time in 2003 & 2004. The extension cost the town an additional $800.00 of interest but it was not Bob’s fault.
· I do not know about “things” aren’t being sent out on time at years end. When there is no money, and invoices are submitted late, they do get mailed out late. The latest was two weeks, and we did get approval from most of the vendors.
· Regarding our credit rating being hurt. That is not true, any huge favors the Treasurer has asked for? Deb stated she knew nothing about this. She asked if Nancie could clarify that statement herself. Deb stated that it is not right to have comments like this said when they aren’t elaborated on and/or backed up. Deb was going to call the Bank of NH and discuss if our credit is bad and exactly what huge favors were requested.
· Deb asked for clarification of the comment “no one set up an appointment with the DRA”. Selectman Rainier and Debbie, both were present when the DRA came to the Town Office to set the Tax Rate.
· Again, it is Debbie’s opinion, there may be some personal problems between Nancie and Bob, possibly carried over from Peterborough, but it is not the responsibility of the Administrative Assistant to get in the middle of two elected officials. It appears that there are issues being made where it really isn’t necessary.
· Last, Deb obtained the TAN’s for the Treasurer and Selectmen to sign, so she was confused about these comments.
With no further business, the Selectmen adjourned the meeting at 8:35 PM. The next scheduled Selectmen’s Meeting is Thursday – March 4, 2004 at 5:45 PM.
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