In Attendance: Selectman David E. Hartman – Chairman,
David Karrick, Jr. – Selectman, Clyde Carson – Selectman,
Laura Buono – Town Administrator
Selectman
Carson
seconded the motion; all were in favor, the motion passed.
2. Warren Street
Architects – New Fire Station Site
Jonathan Halle and George Fredette said
since the Selectmen’s meeting in October the field survey has been
completed. An overview of the
site was provided as well as a drawing showing the buildable area; the Warner
River, floodplain and a wetland area have been identified.
State requirements for the property are shore land, driveway and
sewage permits. An alteration
of terrain permit may be required if the land area disturbed exceeds
50,000 square feet. Also, the
State has a right-of-way next to the property; the architects recommend
the Town pursue acquiring this right-of-way.
The next step is Warren Street Architects
and SFC will have discussions with the Department of Transportation and
the Department of Environmental Services regarding the development of the
property, after which, Warren Street
would report back to the Selectmen. Then
it would be another 3 months before engineered drawings are available.
Chairman Hartman asked how encroaching into
the floodplain would affect the project.
He also asked if the area near the house that was disturbed for a
garden would be considered disturbed land in relationship with the shore
land guidelines as well as the railroad bed.
Chairman Hartman would like to see the hill that separates the flat
portion of the site remains intact; he feels it provides a buffer for
another major flood. Warren
Street Architects said a portion of the hill would need to be removed in
order to make the lot more useable.
Warren Street Architects said they would
create an overlay sketch for discussion purposes with D.O.T and DES and
contact the Town Administrator when these discussions have been completed.
3. Fall Foliage Festival
Scott Hanwell who is the Fall Foliage
Festival President met with the Selectmen and discussed some of the
proposed changes for the next festival.
4. Brayshaw Printing – Board Discussion
Mr. Proulx (who lives in the same area as
R.C. Brayshaw, Inc. that is located on Newmarket Road
) brought his concerns forward to the Selectmen for their consideration. Mr. Proulx asserts that the business located on
Newmarket Road
stopped operating for a period of time while moving to the new facility on
Waterloo St. Mr. Brayshaw has
responded to the Town explaining that the
Newmarket Road
building always housed equipment and supplies.
Another concern Mr. Proulx had, which has turned into a moot point
is the lot merger, and the third concern is the site-plan; does the
property meet the requirements? Besides
the lack of operation, the other two issues were before the Board of
Selectmen in 2005; at that time a resolution was reached with R.C.
Brayshaw, Inc. Before the
Board this evening is the question of lack of operation at the
Newmarket Road
facility. If the Board feels
this is enough evidence to show that the building ceased being used for
business purposes for a certain length of time, then the Board could find
in favor Mr. Proulx's ascertainment. Based
on all the information and legal advice the Board has received the Board
feels the Newmarket Road
facility has been operational continuously.
Selectman Carson
is hopeful that after the Board makes a decision, knowing that not all
parties will be in agreement, that all parties will move on from this
point.
Mr. Wagner asked the Selectmen if he could
make a comment before they make their decision.
Mr. Wagner said he would like to see the Board think through their
decision. He also said he
believes that there has been some interior work completed at the
Newmarket Road site such as removing walls, floor work and rewiring
without a building permit and he feels the Town has been purposely mislead
by Mr. Brayshaw.
Mr. Proulx said the issue of the site-plan
not being followed is a minor issue to him at this time.
He said his main issue is the property is no longer a commercial
property because he says R.C. Brayshaw vacated it. Mr. Proulx provided information for the Selectmen to consider
regarding rulings from courts concerning non-conforming uses which he
believes the Newmarket Road
facility happens to be.
The Town Administrator does not find it to
be unreasonable to think that the Newmarket Road
facility would be used at a lower capacity during their move to the larger
facility that was built on Waterloo Street
. The Newmarket Road
facility has always been in a readiness state for production.
Selectman Carson
confirmed that the Newmarket Road
facility is at its maximum size, no further expansion can take place
unless it goes through the variance process.
The Town Administrator also said that the
Town did deal with R. C. Brayshaw in regards to a building permit for the
Newmarket Road
facility.
Selectman Carson
asked if there are any traffic issues such as safety and noise issues.
The Town Administrator said she is not aware of any pending issues.
Mr. Proulx believes the non-conforming use
ceased at the
Newmarket Road
facility when R.C. Brayshaw moved out.
Chairman Hartman does not agree and does not believe R.C. Brayshaw
gave up the Newmarket Road
facility as a business.
Chairman Hartman asked the Board members if
they are ready to make a decision on whether or not the Newmarket Road
facility was in continued use. Selectman
Karrick feels a decision can be made but he still has a question on the
site compliance which can’t be resolved until the spring.
Mr. Swords lives on the corner of
Newmarket Road
and
Waterloo Street
. He said up until last March
the activity at the
Newmarket Road
facility was very quiet. Since then he said he is not disturbed at all
with the current activity. His
only concern is the area is of historic importance and any future
expansion of the Newmarket Road
facility would be a concern.
Robert McGarr lives on Waterloo Street
said he feels the Board has been led astray regarding the Newmarket Road
facility operation. He said in
reality for a period of time the facility was not operating in the same
capacity and he believes a woman was even living there at one time.
He said in moving forward he is looking for strict oversight on the
Newmarket Road
facility so that it is protected from unreasonable Boards in the future.
Karen Brayshaw clarified that a woman has
never lived at the Newmarket Road
facility. She also clarified
that she and her husband are extremely respectful of the historic
importance of the area, which was one of the main reasons for purchasing a
small lot of land next to the facility.
Also, she said R.C. Brayshaw is one of the greenest running
printing facilities in the State of
NH.
Chairman Hartman asked the Board members if
they need more discussion before drawing a conclusion.
Selectman Carson
had one question for Mr. Brayshaw and asked if he has the ability to
re-schedule deliveries at the Newmarket Road
facility. Mr. Brayshaw said he
continues to honor the court ordered ruling on deliveries.
Mr. Proulx commented to Mr. Brayshaw that
he/we never had intentions to shut the business down.
Chairman Hartman closed public comments.
Chairman Hartman spoke with the Board about
deciding this evening if the Newmarket Road
facility has been in continuous operation/use as a facility owned and
operated by R.C. Brayshaw, Co. Inc.
Selectman Carson
moved to agree that the R. C.
Brayshaw, Co. Inc. has been in continuous use/operation at the
Newmarket Road
location. Selectman Karrick
seconded the motion. Selectman
Carson
said based on what he has read continuous operation is not merely
operating machinery; it’s a continued state of operation (ready to do
business). All were in favor
of the motion; the motion passed.
Chairman Hartman said as far as the
site-plan is concerned he recommends delaying that until the spring.
The Town Administrator recommended the Board visit the facility to
see how it operates with the snow around the property. The Board agreed to meet with Mr. Brayshaw at the Newmarket Road
facility on Thursday, February 17th at
11:00 a.m.
5. Manifest
Selectman Karrick moved
to authorize the Selectmen to sign manifests and order the Treasurer to
sign Payroll Check numbers 1083 – 1110 in the amount of $34,746.54
(includes 13 direct deposit stubs) and Accounts Payable check numbers
45502 – 45559 in the amount of $330,833.78.
Selectman
Carson
seconded the motion; all were in favor, the motion passed.
6. Other Business
Projects - Selectman Karrick asked about the
status on obtaining quotes for energy upgrades for the Town Hall.
The Town Administrator said quotes are in-process.
Another item was the status on leveling the granite steps at the
Town Hall. The Town
Administrator said that the Board has not decided on a priority level for
the steps and it may also depend on how much funding is available.
Selectman Karrick then moved onto a quote from Dan Watts for
creating a Town website. Selectman
Carson
feels the quote offers good opportunities to improve communications. The Board asked the Town Administrator to arrange a discussion with
Mr. Watts.
Furnace - The Town Hall furnace is forty
years old and is in need of replacement; currently the furnace is leaking.
Selectman
Carson
recommends obtaining quotes for a wood pellet furnace as well as for oil
and propane; he has been speaking to Charlie Niebling who is associated
with New England Wood Pellets. Mr.
Niebling sent Selectman Carson a list of companies that would be
interested in advising and quoting a system for the Town. He said he would
contact Mr. Niebling and arrange an informational meeting with the Board.
Energy Committee - Selectman Carson
reported on some of the projects the Energy Committee would like to work
on. One project is looking at
the downtown area and looking for opportunities for bio-generation.
ATV - Selectman Carson reminded the Board
that in order to make their decision effective regarding ATV use a OHRV
Ordinance needs to be created and he asked how the Board moves forward
with this. Selectman
Carson
already submitted a draft for the Selectmen to review.
NRRA -Chairman Hartman asked for Board
approval to spend up to $270 for a two-day annual Northeast Resource
Recover Association meeting. Chairman
Hartman is also a member of the NRRA Board of Directors.
Selectman Karrick moved
to grant permission to expend $270 for Chairman Hartman’s attendance at
the Annual NRRA meeting. Selectman
Carson
seconded the motion; all were in favor, the motion passed.
Highway Safety Committee – Selectman
Carson
made a motion that the Highway
Safety Committee should consist of the entire Board of Selectmen, Fire
Chief, Police Chief, Emergency Management Director and Director of Public
Works. Chairman Hartman
recommended only one representative from the Board of Selectmen.
Chairman Hartman seconded the motion; all were in favor, the motion
passed.
7. Adjournment
At
8:32 p.m.
a motion was made to adjourn.
Board of Selectmen
David E. Hartman - Chairman
David Karrick, Jr.
Clyde
Carson
Respectfully submitted,
Mary Whalen
Recording Secretary