Minutes
Selectmen’s Meeting
August 8, 2005
6:33PM Chair Netishen opened the meeting and asked all to stand for the Pledge of Allegiance.
Members: Bill Netishen, Peter Bock, Mary Bonser and Town Administrator Charles Brown.
Guests: Paul Colby, Paul Sweet, Don Mc Murchy, Stephanie Criss, Earle Rourke, Rod & Julie Nelson, Skip Seaverns, and Jon Caron.
Mr. Netishen recognized Paul Colby, Building Inspector, to speak regarding a possible change to the zoning ordinance in regard to Junk Yards. He told the Board he had been informed that because of our present ordinance, it could only be changed through the Town Meeting process. Mr. Colby explained the process in the case of a resident being in violation of the ordinance. Mr. Colby went on to state that he feels the Board of Selectmen are the Code Enforcement authority and the process starts with them. Mr. Bock asked about Mr. Colby’s experience in these matters. Mr. Colby stated he is very familiar with the process and explained 1 case that is in process. Ms. Bonser asked if there were any other junkyards in Town. Mr. Colby answered yes. Ms. Bonser feels the Board should not enforce in only one case. Mr. Netishen
stated the Board and previous Boards have not sought out violators in the past, but only as complaints have been lodged. No one is being singled out.
Mr. Netishen recognized Julie Nelson. She stated she feels her complaint is legitimate and her property values have been affected because of this junk business being operated. Stephanie Criss asked what defined a junkyard. Mr. Colby read the definition of a junkyard from the statute. Ms. Criss feels that as Mr. Sweet has been in business for 20 years and actually performs a service for the community. Mr. Bock feels there are a number of different sides and all need to be considered. Mr. Seaverns commented on the discussion of the 7:00PM appointment being addressed before 7:00PM. He was reminded that all times are approximate and business is handled as considered reasonable by the Board. The Board then continued the junkyard discussion. Mr. Netishen asked Mr. Colby about enforcement guidelines. Mr. Seaverns wished to
comment on the matter and explained his thought process 1) make a judgment, as hard as it may be and 2) sentencing phase, take into account all aspects and circumstances, document all findings and put a plan in place to end the violation. Mr. Bock said there maybe many ideas that can help overcome the concerns of the abutters. Ms. Bonser feels enforcement should be delayed long enough to allow possible changes to our existing ordinance. Mr. Seaverns feels over the years a number of property owners have been noticed and cleaned up their property. Jon Caron, agrees with Mr. Seaverns, in general the junkyard portion of the ordinance has been in since the 1970’s. There is a need for recycling but the environment must be protected and the protections must be in place and monitored. This junkyard is not grand- fathered, particularly on Garland Road, which is a residential area. It is clear Mr. Sweet’s business is in violation. Ms. Bonser stated she has done some research. The
ordinance does not say no junkyards, only no storage of junk. She quoted some excerpts from NHMA publications. Much discussion continued. Mr. Caron stated that in this case there are 2 aspects in violation, the business as it may apply to the commercial zone and a junkyard which is not allowed per existing zoning regulations. Mr. Colby read RSA 236:115, regarding application and certificates of approval for recycling and or junkyards.
Motion: Bock, second Netishen to support the existing ordinance and to order a cease & desist of the present operation.
Discussion followed. Mr. Netishen suggested that the Board cite the violation, with 45-60 days to clean the property giving Mr. Sweet time to pursue the ZBA process. Discussion followed about the cease & desist process.
Motion: Netishen, second Bock to amend the original motion to cite the violation, issue cease & desist and allow Mr. Sweet 60 days to seek relief through the ZBA process & cleanup the site with no time extensions.
Mr. Seaverns feels the Board is overlooking the possibility of an ordinance change in March.
Vote: 2-1 in favor of amendment.
Motion: Bock, second Netishen to accept motion as amended, which states: to order a cease & desist of the violation at 226 Old Turnpike Road and allow the property owner 60 days to seek relief through the ZBA process if desired and to cleanup the property in that time. There will be no extension of time.
Vote: 2-1 in favor. Motion passed.
The Board next discussed the private road policy. Since legislation has changed it was agreed by the Board to change the date on the existing policy and add a note to the first bullet in section II, referencing the authority of RSA 674:41.
7:48PM Mr. Netishen opened the public hearing to accept grant monies for the PLAC study, and he read the notice.
Motion: Bonser, second Bock to accept the check for $1500 from New England Grassroots Environmental Fund.
Vote: 3-0 in favor.
Motion: Bonser, second Bock to accept the check for $1250 from the PLIA.
Vote: 3-0 in favor.
Motion: Bonser, second Bock to close the public hearing. Vote: 3-0 in favor.
Next to be discussed was the road name for the Gerrior subdivision. Mr. Brown read the letters from the office of the Barrington Selectmen and Doucet Survey regarding the name of the road. Mr. Seaverns stated that there is no Gerrior Road in Nottingham at this time, only a driveway. Mr. Caron is not sure if any name is on the plan on the Nottingham side of the subdivision. The Board’s sense is that the name Gerrior Drive is acceptable but that the numbers should not be duplicated in the 2 towns. Much discussion followed. The Board agreed to have Mr. Brown follow up with both Barrington & Nottingham E911 coordinators before any action is taken.
The 7:45PM appointment (Reid & Smith) was postponed since the parties involved did not attend the meeting.
Motion: Bonser, second Netishen to reconvene the Discretionary preservation easement hearing for the structure at 42 Old Turnpike Road.
Vote: 3-0 in favor.
The applicant was not present. After some discussion, regarding the location and submittal by the applicant, the following motion was made.
Motion: Bonser, second Bock to deny the request for a discretionary preservation easement without prejudice for Map6 Lot 19.
Vote: 3-0 in favor.
The Board next addressed the True request for change in current use and arrangement of residential land. Ms. Bonser suggested that the Board ask Mr. True to come to another meeting before any action is taken. Mr. Brown stated that he had just received an opinion from the attorney and did not have time to notify the True’s that the issue may be brought up tonight. Mr. Brown further stated that it should be a moot point because all opinions have been the same as what Mr. True has been told beginning with his first inquiry. Discussion followed.
Motion: Bock, second Netishen to deny the True’s request and for Mr. Brown to send a letter stating their proposal is not possible.
Vote: 3-0 in favor.
Motion: Bonser, second Bock to accept the minutes of July 25, 2005 meeting as corrected.
Vote: 3-0 in favor.
The Board reviewed the signature folder and signed documents as required.
Mr. Brown gave the Board preliminary information on a few last minute issues that have come up.
Next to be discussed was the Economic Development Director position. Mr. Netishen was asked if 2 former EDC members could review the resumes. Legal issue.
The Board next considered the letter from Sheri Gregor requesting an abatement of interest on a Land Use Change Tax.
Motion: Bonser, second Netishen to abate the interest in the amount of $ 905.43 for Sheri Gregor.
Vote: 2 in favor, 1 abstention, motion passed.
The upcoming ZBA case on the Vosburgh property was discussed. The question was raised if this request had followed the correct process. Discussion followed. Mr. Brown will draft a letter to the ZBA giving them a history of the property.
Mr. Netishen made announcements of upcoming meetings.
8:55 PM Motion: Netishen, second Bonser to enter non-public session under 91-A:3II (c).
Vote: 3-0 in favor.
Motion: Netishen, second Bock to come out of non-public session at 9:09PM.
Vote: 3-0 in favor.
Motion: Bonser, second Netishen to keep all discussion in non-public session non-public.
Vote: 3-0 in favor.
Having no further business,
Motion: Bonser, second Bock to adjourn at 9:10PM.
Vote: 3-0 in favor.
Respectfully submitted,
Charles A. Brown
Town Administrator
Approved as corrected
8/22/05
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