NEWBURY BOARD OF SELECTMEN
MINUTES OF JANUARY 20, 2003 MEETING
Selectmen: James Powell, David Kinsman, Richard Wright
Town Personnel: David Jescavage, Town Administrator; Shelly Candidus, Administrative Assistant; Churchill Heselton, Cal Prussman, Chief Valiquet
Interested Parties: William Schroeder, Jeff Bushey, Roy Weddleton, James & Phyllis McDonough, Vickie Mandel, Bruce Kazokowski, Cara Harvey, Heather Brady, Bill Straub & Jeff Murray (CMA), Janet Ward, Harry Seidel
The meeting convened at 6:30 p.m.
PUBLIC INPUT:
Bill Schroeder came before the Board to ask for guidance in clearing a field to carry out a one-time gravel operation. He presented plans and a map of the location on Sutton Road. The Board of Selectmen advised him that they had no problem with his plan, but he must submit it to the Planning Board and file an Intent to Excavate.
Jeff Bushey, Sunapee Hills Association, introduced Roy Weddleton, a lawyer representing the Association. Weddleton said there are 5 undeveloped shoreline lots and another 35 undeveloped lots in the Association and their future development would have a severe impact on the steep slopes regulations. All the lots are grandfathered, but he said all present problems in that building would have a negative impact on the quality of Chalk Pond. He would like the town to examine each lot in terms of how development would impact the pond. Specifically, he mentioned that Kozokowski appeared to be in violation of town regulations in that he planned a 3-bedroom house with a two bedroom septic system, and the building would be three stories. He said these plans have the potential for huge erosion
problems. He believes the Board should act to protect the interests of the town.
Wright said that as long as building plans meet grandfathered requirements, the town has no basis to act. He suggested that the Association might buy up the undeveloped lots and make them common land.
Powell added that today’s septic technology is advanced and systems are designed to have minimum impact on earth disturbance. Both the state and the town make sure systems meet all requirements. The Board has no indication of any unusual problems on Chalk Pond. Only one case of erosion was reported in the past year and was addressed by the Board, who keeps a careful eye on all building projects. Any restrictions specific to Sunapee Hills would require a new ordinance after study by the Planning Board, as they have done recently for the Blodgett Landing area.
Wright said the town is guided by state standards when approving septic systems. Special regulations are not required for specific sites. The town has strict erosion control measures and these are enforced.
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January 20, 2003 Page 2
Weddleton asked what constitutes a “story.” Wright replied that buildings can be as high as 34 feet; there are no restrictions as to “stories.”
Bushey remarked that an extra bedroom can be incorporated into a full basement. Powell said if the town is aware of extra bedrooms being added, they will act. However, people are allowed to have dens, basements, etc. Phyllis McDonough said the town has no way of knowing how many bedrooms are created. Why aren’t permits required for inside work to control this? Houses build with a 2-bedroom allowance sell as 4-bedroom houses. Powell said if someone makes a complaint, it would be investigated. This has not been a problem for the town. Newbury does not have a certificate of occupancy.
McDonough asked in what circumstances erosion control measures were required. Powell said any construction or earth disturbance within 300 feet from the water in the Shore Land District requires erosion control measures. McDonough said she believed any building or earth disturbance on any lot in Sunapee Hills should require erosion control measures. Powell asked Wright to relay this concern to the Planning Board.
Vickie Mandel, speaking for Bruce Kozokowski, said she feels the Association is trying to hinder property owners’ rights. If they are concerned about the installation of septic systems, everyone in the Association should get septic systems of the newest design for overall protection of the pond. Also, concern about the number of bedrooms should apply to existing houses as well as ones under construction.
As the discussion developed into an argument among participants, Powell called for order and stressed that this meeting was not a mediation session. He declared that the Kozowskis had been granted permits for their septic system and their 2-bedrrom house after going through all the proper channels and meeting town and state requirements. This particular case is closed. If there is concern about future cases, the Board will address those.
Heather Brady and Cara Harvey appeared to ask the Board’s advice on submitting a petition warrant article to ask the town for funding for the Kearsarge Area Preschool. Powell explained the process, which Brady said she understood. She asked if the Board would support this article. Wright said he believed the article should be presented without endorsement. When asked why, he said funding was a factor. There are many issues going before the town that will require funding which the Board supports. Powell added that when the town provided funding for local preschools and kindergartens, there was no public kindergarten available. Now that there is, the town has not seen a need to continue to fund these local organizations.
Brady explained the difficulty in funding the Preschool, even by holding events such as the Octoberfest at the Newbury Caboose. Bradford supplies them with space. Kinsman agreed with Wright and added that some Newbury residents send their children to other area preschools, and the town should not support one to the exclusion of others. Powell said the fairest way is to have a petition article and let the citizens decide about this issue. Wright suggested they contact Newbury parents to come to the meeting and give support to the petition. Powell reminded them of the deadline of February 4th to submit a petition warrant article.
Harry Seidel and Janet Ward appeared to discuss a proposal regarding the development of Fishersfield into a nature preserve and outdoor recreation area. The daughter-in-law and grandchildren of Newbury resident Dianalee Velie were murdered in Florida last fall. The family has established the Velie Memorial Fund and would like to use this money to construct a nature center and recreation area on the Fishersfield land in memory of those slain.
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January 20, 2003 Page 3
Seidel explained that the town voted to seek Wetlands approval for the Fishersfield Master Plan at the 2002 town meeting. After many delays, the Wetlands application was completed and submitted on January 20, 2003. In the event that a decision has not been received from Wetlands before the town meeting, Seidel would like to propose two warrant articles. The first would ask the town to approve the Fishersfield Master Plan contingent on Wetlands approval. The second would ask the town to place $40,000 held by the town for development or purchase of recreation land, into a Fishersfield Park Discretionary Fund to pay for design and construction of the Fishersfield access road. These funds could then be used at the discretion of the selectmen to begin road work – the first step toward
expediting development of recreation fields and a nature center.
The Board signed the application for the Wetlands Bureau. Wright said he would support the warrant articles. Powell said he would like to see the Master Plan and Wetlands approval. Seidel explained that Parks & Rec wanted to be able to move ahead without losing another year. It will cost approximately $10,000 to design the access road. Kinsman remarked that it appeared to be time to do something with the land. Wright suggested that Seidel draft the warrant articles without delay for the Board’s further consideration.
Bill Struab and Jeff Murray from CMA Engineers appeared to discuss the landfill closure. They presented designs and specifications which would integrate the proposed closure with current use of the site. They have already completed test pit delineations on 1 ½ acres. Steep slopes are involved and pulling back to avoid a small wetlands area would be necessary. They have completed an application for the Wetlands Bureau for this work. Their plans would include a retaining wall with room for disposal trucks to pick up and leave containers and normal operations would be maintained during the closure process. A gas venting system would be installed between the closed area and the useable area. Straub said the cost of the project would total approximately $370,000. This number might be
lower after bids are received. He reminded the Board that state aid was available in the form of up to 20% of the cost of all past expenses connected to the Transfer Station going back to 1988. Additional grant money is available after the closure is completed. The town can apply now for money expended on past costs, and after state approval of the closure and certification for closure expenses (up to 20 %).
Two avenues of funding are available. First is through a state revolving fund, but applying there would mean bids would not be available before town meeting. Second is through the Municipal Bond Bank, which would enable the town to collect bids before town meeting, allowing for construction to begin in early summer. CMA will seek bids under the preliminary work plan already budgeted for in 2002. The Board asked that bids be collected for both conventional and for bio-solid systems.
Heselton asked about the traffic flow if the landfill closure proceeds as planned. Murray said this would change permanently, and the old shed would be removed. The burning area would have to be relocated. Powell asked what happens if the warrant article for closure expenses is voted down at town meeting. Straub said the town will have done its best to follow the state mandate and has acted in good faith. Powell suggested Straub and Murray attend town meeting to speak to this issue. He also asked Jescavage to draft a funding request to the Bond Bank.
BUDGET REVIEWS:
Prussman and Valiquet appeared to discuss equipment requirements and department salary adjustments for 2003. Salary adjustments were approved. Prussman reported that the backhoe currently in use requires extensive repairs before it can be sold. It was decided to trade it as is if the warrant article for a new backhoe passes at town meeting. Valiquet said he will postpone submitting a request for digital radios.
Selectmen’s Meeting Minutes
January 20, 2003 Page 4
REGULAR BUSINESS:
SEPTIC DESIGNS:
Mitchie, Marjorie. Map/lot# 30-275-316. Approved.
BUILDING PERMITS:
Jackson, Douglas. Map/lot# 35-554-487. Permit for new house approved.
Demers, Carey & Sheila. Map/lot# 20-328-428. Alteration to boathouse denied under 14.1; to ZBA
PAYROLL & ACCOUNTS PAYABLE: Week ending January 18, 2003 approved.
MINUTES: Meeting minutes of January 6, 2003 approved to file.
OLD BUSINESS:
The Board discussed their ongoing investigation into a new location for the Highway shed. Property that they had been considering has been quoted with a selling price of $35,000 per acre, which is too high. Another location in South Newbury was discussed, as well as the possibility of tearing down the existing building and redesigning and rebuilding it. It was decided to have a feasibility study done, possibly by CMA. The Board asked Jescavage to contact them about such a study.
NEW BUSINESS:
The Board signed a perambulation report of the perambulation of the Newbury/New London town line submitted by Del Harris.
The Board signed two rebates for double payment of 2002 property taxes.
The Board reviewed a request for assistance from a resident and asked Jescavage to refer this to Family Services and to respond to the resident.
The Board noted a letter from a resident of Grace Hill reporting unavailability of cable service at his house. MCT, who holds a contract with the town to provide cable service, will not extend service to this area. Adelphia refuses because MCT holds an exclusive contract. He asks if the town would allow Adelphia to provide this service if MCT agrees to let them to do so. Powell noted that this opens the issue of MCT’s adherence to the terms of our agreement and their merger with TDS Telecom. The current contract with MCT expires in April, 2003 and they have requested a meeting with the Board before that time. Powell asked Jescavage to ask them to come to an upcoming meeting to discuss the contract. The resident should be so advised when the date has been set.
Candidus reported that three bids for printing the town report have been received. All are lower than previous printing costs. Jescavage will check out the low bidder and, if satisfactory, will go with him.
Wright asked Jescavage to get a copy of the new state regulated building code, adopted on January 1, 2003, to be effective 9/03.
MEETING ADJOURNED at 10:15 p.m.
NEXT REGULAR MEETING: Monday, February 3, 2003, 6:30 p.m. at the Town Office.
________________________ ______________________ ________________________
James M. Powell David Kinsman Richard Wright
sc/Jan20/03 NEWBURY BOARD OF SELECTMEN
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