Minutes
Selectmen’s Meeting
June 25, 2007
6:30 PM Chair Bock opened the meeting and asked all those present to stand for the Pledge of Allegiance.
Members Present: Peter Bock, Bill Netishen, and Mary Bonser and Town Administrator Charles Brown.
Guests: Jaye Vilchock, Sandy Vilchock, Heidi Carlson, Tom Duffy, John Teague, Peter Landry, Chris Boldt, Deb Stevens, Joe Welch, Therese Thompson, Peter Glyfphe, Elizabeth Kotowski, Edward Kotowski, Bill Loconzolo, Carol Stevenson, and several other people.
Regarding department business, Fire Chief Jaye Vilchock stepped forward to address the Board. He reported that the RF study of the performance capabilities of the Fire Department communication system is complete. The next item to be addressed is the State Park. The Chief is very concerned about the number of calls at the park and there is no security at the park. Safety of the people responding to the call is a large concern. Chief Vilchock read the letter he will be sending to Alison McLean, Director of Division of Parks & Recreation at NH Department of Resource & Economic Development (NH DRED). The Board recommended the letter be sent certified and return receipt requested. The letter addresses the department’s concerns about safety and the lack of security within the park. The letter will be sent to
surrounding towns as well as to all the state representatives. The State Park appears to be the place to go for parties. The Police Chief has also provided a letter to the Board on the same issue. Ms. Bonser wishes the Board of Selectmen to send an additional letter stating their concerns and she believes the letters should be copied to the Governor. Discussion followed. Fire/Rescue and/or Police response to calls at the Park will depend on the type of call. Safety is the major factor. The Board reviewed the draft documents that were e-mailed to Mr. Brown this afternoon.
7:00PM Mr. Bock recognized Tom Duffy, co-president & treasurer of the Pawtuckaway Lake Improvement Association (PLIA) and member of the Pawtuckaway Lake Advisory Committee (PLAC). Mr. Duffy will speak on behalf of both organizations. Mr. Duffy referenced the PLAC grant and related activity. The organizations are concerned about the existing mechanisms available for enforcement of standards for pollution, etc. Mr. Duffy went on to say that Nottingham has not accepted the Shoreland Protection Act and the organizations feel the standards in place are not strict enough to even maintain the status quo. Mr. Bock spoke to the issue and the Town’s concern. Mr. Duffy asked if there was a checklist that is followed. Mr. Brown does not believe there is a specific checklist. The Health Officer is the active enforcement
person in these situations not Mr. Brown. It was asked if there could be a procedure checklist developed to help them better understand and get through the process. Mr. Duffy asked how the Town enforces silt fence, how does the Town view seasonal vs. year round housing, etc. Mr. Bock explained that we now have a code enforcement administrator and we can work to improve the process. The ultimate goal of everyone is to protect the community.
7:17PM Mr. Bock opened the discussion of the request that Indian Run Road be declared an emergency lane pursuant to RSA 231:59-a. Elizabeth Kotowski & Bill Loconzolo stepped forward to represent the Indian Run residents. Mr. Bock and Ms. Bonser spoke to the issue and their site visit done earlier today. Mr. Netishen reported he had spoken with the Road Agent. The Road Agent feels that the Highway Department would not have to do any extraordinary maneuvers to plow this area. Mr. Bock asked how this might be maintained in the future. The Board of Selectmen cannot insure any services will be maintained in years to come. Ms. Bonser feels this area is unique because of the power sources that cross this area. Carol Stevenson stated that no vehicles are parked in the turn around area during the winter months. Mr. Netishen
stated that this small area has the potential to affect a much greater area-if power is disrupted at this site; a large number of homes across the cove are or can be affected.
Motion: Netishen, second Bock to declare Indian Run Road an Emergency Lane for winter maintenance only subject to the following conditions:
1) The private owner and or resident owner shall assure the road is free of all obstacles and maintain a hard/flat surface deemed necessary to render such way passable by firefighting equipment and rescue or other emergency vehicles.
2) Owner(s) of 8 Indian Run Road (Map 70 Lot 5) allow unfettered passage/triage by emergency, utility and other service personnel over their land for access to the beach water frontage, as well as full use of their road turnaround area.
3) This declaration may be rescinded or disregarded at any time without notice.
Vote: 3-0 in favor.
Next item to be discussed was the Square issue. Mr. Welch stated that Attorney Donovan is representing the Friends of the Square through the Planning Board process only. Mr. Brown made copies of the Boundary Line Agreement for the Board to review. Discussion followed on procedure. Attorney Teague read the whole agreement aloud for the benefit of the audience and viewers. Peter Gylfphe spoke to his visit to the site. Mr. Boldt explained the location of the corner drill hole and the amended Note 5 on the new plan. Ms. Bonser asked about the last sentence of the agreement regarding homestead rights. Mr. Teague explained that additional release may be overkill and not necessary. Digital pictures were submitted to show all relative areas to include prior lot 37-2. The new lot (Lot 37) is 11.16 acres. Mr. Bock asked if any
other guests wished to speak. Joe Welch stepped forward to address the Board. He asked if the Board of Selectmen, the Town Attorney & the surveyor had seen the documents from the 1700’s and 1800’s that have been referenced numerous times. He asked what theories were used and had other deeds been looked at. He questioned the tax maps. He is anxious to hear the Town surveyor’s opinions and the attorney’s full opinion of the deed and boundary research. He wishes the decision process to be complete and correct. At this point, Mr. Welch feels that the Board of Selectmen have no interest in preserving the history of our community. Deb Stevens spoke to lot 37-2 and parcel B and what the Town could do to protect these two areas from things such as unacceptable structures, impervious surfaces, etc. Mr. Bock brought up the issue of the lack of a defined historic district or such other process to preserve our precious historical areas, buildings, etc. There are
many unanswered issues and he is sympathetic to everyone’s pain over this issue. Mr. Netishen still has doubts and will not support this agreement. He spoke to the question of every stone being unturned. Mr. Bock asked Attorney Teague for his comments. Attorney Teague stated that the clarity of the Square issue is not there from available documentation. There is more clarity on the ground i.e. driveways etc. He believes the Town would have a hard sell to prove their case if this matter went to court for a quiet title action. Mr. Bock stated that this process would continue at the Planning Board meeting on Wednesday night. The Board had voted 2-1 to sign the Boundary Line Agreement at their meeting last Friday (6/22/07). The Wednesday meeting should also be noticed as a meeting for the Board of Selectmen along with the Planning Board. In closing, Mr. Bock stated that the majority of the Board feels this is the best path to give clarity to the area.
Mr. Bock stated that the Food Pantry had had a meeting earlier in the day. They are in need of volunteers to go to Manchester for sorting food.
8:20PM The Board took a short break.
8:25PM The Board next addressed the signature file:
Motion: Bonser, second Netishen to accept as corrected the minutes of June 11, 2007.
Vote: 3-0 in favor.
Mr. Netishen again brought up the issue of building usage (Community Center) and possible fees, maybe consider a policy.
The Board signed an Intent to Cut for Map 11 Lot 9.
Motion: Bonser second Bock to approve the Gravel Tax Levy for 2006-2007 for Map 69
Lot 8..
Vote: 3-0 in favor.
The Board next acted on two abatements;
Motion: Bonser, second Netishen to approve the abatement for Map 38 Lot 45 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
Motion: Bonser, second Netishen to deny the abatement for Map 29 Lot 2 based on review and Avitar’s recommendation.
Vote: 3-0 in favor.
The Board members then signed an elderly exemption application. The Board members also reviewed the bills at this time.
Mr. Netishen gave a short update on the Fire Station project. Ms Bonser feels there should be signs at the site indicating keep out, no trespassing etc. Ms. Bonser asked Mr. Brown to review road projects. Mr. Brown explained that the reconstruction of Flutter Street and Deerfield Road has begun with the surface reclamation. These areas will be unpaved for a good part of the summer. Mr. Brown has not received any schedule from the Road Agent yet.
8:57 PM Motion: Bock, second Bonser to enter non-public session under RSA 91A: 3 II (c).
Vote: 3-0 in favor.
9:18 PM Motion: Bock, second Bonser to come out of non-public session.
Vote: 3-0 in favor. No action was taken.
9:18 PM Motion: Bock, second Bonser to keep all discussions in non-public session non-public.
Vote: 3-0 in favor.
9:19 PM Having no further business before the Board,
Motion: Bonser, Netishen second to adjourn.
Vote: 3-0 in favor.
Respectfully Submitted,
Charles A. Brown
Town Administrator
Approved as written
7/9/07
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