Minutes of August 2, 2010

Members present:  Cheryl Labadie, Chairman; Selectman Robert Thayer;  Selectman Mark Paquette (arriving at 8:00 PM).

 Administrative Assistant Jody McDermott.

Department Heads present:  Al Henry, Fire Chief.

A.  Call to Order:

The public meeting was called to order at 7:30PM by Chairman Labadie.

Roland and Kathy Fernandez were in attendance to discuss the location of their proposed septic system at 44 Hubbard Road. 

The septic system was drawn in accordance with current local and state regulations, however, after beginning to install the system as drawn on the  plans it was discovered that the lot was ledge filled.    In order to locate the system as configured would mean adjusting the elevation of the topography at least 16” by adding fill  and additionally to build up the elevation of the  house itself an additional 30” to alleviate the proper flow elevations.

Mr.&Mrs. Fernandez wish to relocate the system, that includes a sealed tank, to the opposite side of the house where the only viable and reasonable spot to locate it is that is ledge free.  There is a  brook on this side of the house and the relocation of the septic would mean that the 50’ setback distance from a septic system to a wetlands would be infringed upon by a few feet.  It would also require the septic to be located approximately 5’ from the house in this location.

The septic designer has informed the Fernandez’ that in order to relocate the system to the newly proposed  location would require an approval from the Town, to have the plans redrawn, and to include the Town’s approval with the newly drawn design and resubmit to the State for their approval.

Chairman Labadie moved to allow the septic system to be located on the brook side of the house as described and proposed, since any other location is not feasible; and further that the applicant submit the redrawn plan to the Town to ensure that it is drawn as agreed upon, prior to submission to the State.  The motion was seconded by Selectmen Thayer and passed unanimously. 

Christopher&Kathleen Croteau – 259 Gilsum Road, Map 3/Lot 10

Mr. & Mrs. Croteau were in attendance to discuss the letter they received from Attorney Mark Fernald indicating that they were in violation of  the Town’s zoning regulations by utilizing their property located at 259 Gilsum Road to store a substantial amount of things collected from their business.

These items include  the appearance of the use of a trailer  for business purposes as well as the storing of business equipment, including trucks, on the property and, by definition of the State of NH, junk that includes cement blocks, trash, broken/discarded furniture, plastic, plywood, and as sundry items.

The district is that of residential and commercial uses are not allowed.  A home business is one that takes place within a dwelling or in an accessory building and that does not substantially change the character of the neighborhood so this business does not fall under that category.

The Croteau’s protested that they had asked for permission to retain the mobile home on site and that the Town had not ever responded with an approval or denial to their request.
This may have been an administrative error and the Selectmen apologized for this oversight.

Mr. & Mrs. Croteau indicated that they were upset that no one had ever come to speak to them regarding these issues prior to the attorney’s letter being sent.  The Board informed the Croteau’s that it was not appropriate to meet with people outside of a meeting to discuss issues.

Mrs. Croteau stated that she collected flower pots and that the pots were a part of her collection and not items that had been taken from job sites.

The Croteau’s informed the Board that the site was already in process of being cleaned up  and that they had taken a deposit for the mobile home and asked the Board to allow it to stay on site until August 31, 2010, at which time they expected the individual who has placed a deposit on it to have come and removed it.

The Croteau’s stated that they had never stored “trash” on their property.  Selectwoman Labadie responded that the word “trash”, in this instance, was discretional; what one might see as a pile of trash another might consider items worth saving.

The Croteau’s said that the wood stored on the property was to be used for a bonfire.  Al Henry, Fire Chief, stated that a burn must be in a barrel, however the wood could not be pressure treated or painted; no rubbish can be burned in this manner. Holes should be drilled in the bottom of the barrel to create a flue. In the winter a  residential burn permit is not necessary; a commercial permit is required to burn anything that is brought in from off site.

The cement blocks that are on the property will be removed by August 31, 2010.

The Croteau’s asked that a copy of the minutes of this meeting is mailed to them at their 22 High Street, Keene, NH  03431 address.

Motion was made by Selectwoman Labadie to allow the Croteau’s to retain the initial mobile home, that has had a deposit made on it, to remain on site along with the cement blocks until August 31, 2010, seconded by Selectman Thayer, and the motion passed unanimously.

Mr. Peter Cote – 295 Gilsum Road: Map 3/Lot 7

Mr. Cote  came in to discuss with the Selectmen his property valuation and assessment.  He felt that he should have been granted the abatement he applied for this year, since it was approved last year. He stated that he has removed a shed form his property and the tax card does not reflect this.  Mrs. McDermott will have the assessing firm, Avatar, out to inspect and make a note of this on the tax card.

B.  Approval of Minutes

There was no discussion or action taken with regard to approval of minutes.

C.  Selectmen’s Business

    1.)  Payroll and Vendor Manifests (Motion/vote)

    Motion was made by Chairwoman Labadie to approve the payroll and vendor manifests     as presented, seconded by Selectman Paquette and the motion passed unanimously.

    2.)  Selectmen’s Business
    No action taken.

    3.) Administrative Assistant Business
    No action taken.

    4.) Notice of Intent to Cut Wood or Timber
        a.) #10-433-T:  Map 5/Lot 47, Tyler Lane – Robert Stout – signed

D.  Other Business

Al Henry, Fire Chief noted that 2 smoke detectors need to be replaced at the Town Hall.  The existing are over 10 years old and are outdated.  All of the smoke detectors in the Town Hall will be replaced including those in the basement and Police Station.

Mr. Henry also informed the Board that the Highway Department is in receipt of the Emergency Management computer.  They will soon be hooked up to the Fairpoint internet and have access to weather reports in inclement weather and also as a means of communication in the event telephone lines go down.

Mr. Henry explained that Fairpoint will install lines that need replacing between the Fire Station and the exterior telephone pole prior to Fairpoint Internet being installed to the Fire Station.  Two conduits will need to be installed underground: one for cable and one for telephones.  Dig safe will be called to locate the existing lines so that the new ones can be installed in kind.

An electrician will be installing transfer switches for the town hall and the church.

Mr. Henry has met with the State regarding the Hazard Mitigation Plan which needs to be redone/updated.  This procedure includes public meetings and forums; estimates are required as a part of this proposal.

E. Non-public session

Motion was made by Chairman Labadie to go into non-public session  at 8:41 PM to discuss confidential matters, seconded by Selectman Thayer. 

F. Adjournment

Motion was made by Selectman Thayer to adjourn the public meeting at 9:03, seconded by Selectman Paquette, and the motion passed unanimously.

Respectfully submitted,

Jody McDermott
Administrative Assistant