BOARD MEETING MINUTES
July 7, 2010
PRIMARY:
*** SIGN MANIFESTS - signed
7:00 MEET WITH TIM AUSTIN – Mr. Austin stated that he hired a septic designer and has some news with regard to getting a septic plan. The designer did some preliminary survey work and told Mr. Austin that “his lot has been shrinking over time” as the State has taken some of his property when they changed Rte 12. The State has a right of way of 100’ from the center line, which is in the middle of his parking lot. To have a full survey done of his property would cost several thousand dollars. Mr. Austin has been working on the upstairs for about 6 years, on and off again. He never intended on living there until recently, given the current economy. He understands that a septic plan is required in order to have the apartment since he can not locate the original septic plan. He stated that a
couple of years ago the State replaced the leach field because they had driven over it and ruined it. Mr. Austin said that if he can’t create the apartment he would use the upstairs as office space and remove the kitchen. Ideally he would like to live there as he is there all the time. Mr. Parker said he only needs a state approved plan. Mr. Austin said that this is the road block. He says the current system gets hardly any use at all. His well is in front of the garage door closer to the Lower Troy Road. You can replace an “as is system”. Because he is putting a two bedroom dwelling on a site that doesn’t have one, it is considered a “new septic system”. It would be difficult for them to get waivers for the well etc. If there were already an existing residential use, there would not be a problem getting a septic design and the necessary waivers from the State of NH. Mr. Austin said that when he purchased the property there were two public
restrooms and that the leach field is fairly large with a 1000 gallon septic tank. There are no public restrooms now. Mrs. Silverman said it’s not just the number of bedrooms but the ongoing use of that building. If it is a dwelling it has all the accessory uses of a dwelling – washing machine, dishwasher, kitchen etc. Mr. Austin said that’s where the 300 gallons a day average use, from a previous septic designer, came from. He stated that he has the tank pumped every year because they don’t have much water use. Mrs. Silverman asked what Tim will do is having the apartment is not possible? Mr. Austin said he would use it as office space. If he were able to have the apartment now, and then if in the next few years the septic failed, Mr. Austin understands that he could get a plan approved by the State because now it’s an existing dwelling. Susan said that making an exception to our regulation is not the purview of the selectmen but rather the ZBA.
She said that if the board were to consider an exception to the requirement that he has to have a septic plan, the board would need to put some restrictions on this such as the apartment can only be used by the owner. Mr. Parker would agree with putting some reasonable restrictions on the building permit and occupancy permit for the apartment, such as this is only for the term that Mr. Austin owns it and that when he sells it this conditional occupancy would not go to the new owner. Nancy agrees and suggested three other stipulations; 1. that this apartment is only for owner occupancy, 2. that the septic tank must be pumped minimum of twice a year and 3. in the event of sewage failure, Mr. Austin would have to make the necessary repairs to the system. The selectmen will draft a document stating these terms of the building permit and occupancy permit approvals to be signed by the board and Mr. Austin. This document will then be recorded at the registry. Mrs. Silverman made the
motion to approve Mr. Austin’s building permit with the above conditions, Ms. Carney seconded and the motion passed 3-0.
7:30 MEET WITH REBECCA BULLOCK & RICK BRACKETT – Mr. Brackett and Ms. Bullock are interested in being appointed to the Conservation Commission. Mr. Brackett works at the Monadnock Conservancy. He is a member of the open space committee, working with Dorothy Zug and Paul Kotila. Ms. Bullock works for Southwest Region Planning Commission primarily in the natural resource area and community development block grants. Ms. Carney said that they currently have three openings on the Conservation Commission. The commission does site plan reviews that are referred from planning board that have wetland issues etc. Mrs. Silverman said that the selectmen refer building permits with wetland concerns to the conservation commission. The Commission also has subcommittees, with the current one being the open space
committee. Ms. Bullock is getting her masters degree in environmental development with an emphasis on sustainability through the University of Illinois. Ms. Carney said that because they live in the southern part of town, she thought they could bring a different perspective to the commission. There is a lot of potential for development in this area of town, especially on Templeton Turnpike. Mrs. Silverman asked if they have visions for Fitzwilliam and what types of things with regard to the town are they interested in. Mr. Brackett said he feels that protecting land is best served by working with private land owners rather than spending money placing easements on town owned property. Mr. Brackett said that there is a 20 acre parcel for sale between Widow Gage and the State park. Ms. Carney said that she thinks the Conservation Commission could work on sharing more information with the towns people – such as projects they are working on and perhaps some other people on the
Commission could write the monthly newsletter articles. Mr. Brackett agreed. He said that he knows Mrs. Zug is talking with the Town of Chesterfield on how they are proceeding with developing trails on town forest land, with the idea that this may be something they could do in Fitzwilliam. Mr. Brackett had spoken with the board a few years ago about revitalizing the Stone Pond area. The selectmen thanked Mr. Brackett and Ms. Bullock for coming in to meet with them.
8:00 MEET WITH RON CORMIER – SIGN PERMIT – His sign is approximately 5’ X 4’ and since it doesn’t exceed 35 square feet, it is allowed by our sign ordinance. Mrs. Silverman made a motion to approve the sign permit, Mrs. Carney seconded and the motion passed 3-0.
*** NON-PUBLIC SESSION – At 8:15pm, Mr. Parker made a motion to go into non-public session for personnel matters. Ms. Carney seconded and the motion passed 3-0. Roll Call Vote: Mr. Parker - yes, Ms. Carney – yes, Mrs. Silverman – yes.
At 9:30pm, Mr. Parker made a motion to leave non-public session and seal the minutes. Mrs. Silverman seconded and the motion passed 2-0. Roll Call Vote: Mr. Parker – yes, Ms. Carney – yes, Mrs. Silverman – yes.
Mrs. Carney left the meeting at 8:30pm.
*** PLANNING BOARD – SHORELAND DRAFT – Mr. Parker attended the Planning Board meeting where this was discussed. All the selectmen have copies of the draft and what was handed out at that meeting. Mr. Parker stated that he feels this would put the town in a position of enforcement that would cost the town a lot of money. Currently the State regulations deal with shoreland issues.
*** BUILDING PERMITS
- TAX MAP 36 LOT 11 – Susan made a motion to approve, Nancy seconded and the motion passed 3-0.
- TAX MAP 14 LOT 16-02 – Susan made a motion to approve but we need to have the driveway permit before we hand them the building permit. Nancy seconded and the motion passed 3-0.
*** JOINT 911 MEETING WITH SUE MERRITT TUESDAY JULY 13TH AT 9AM
*** LETTER FROM GOODRICH – The Goodrich’s sent a letter stating that they can understand why there might be a misunderstanding with regard to the number of bedrooms their home has. They described their homes floor plan. The selectmen would like to see if they can meet with the Goodrich’s at their home next Wednesday, prior to meeting with them in the office. Ms. Thompson will call them to schedule this.
*** CAR GUYZ JUNKYARD RENEWAL – Ms. Carney made a motion to approve, Mrs. Silverman seconded and the motion passed 3-0.
*** DETERMINE ASSESSMENT FOR TIMBER OPERATION – TAX MAP 07 LOT 07 – The board will do this at their meeting on July 14th.
*** LETTER FROM BTLA – TERAS – The BTLA is sending one of their assessors out to view the Teras’ property and determine the assessment.
*** VACATION TIME REQUESTS – Mrs. Silverman made a motion to approve these two requests, Ms. Carney seconded and the motion passed 3-0.
*** FORD MOTOR CO CLASS ACTION NOTICE – This will be discussed next week.
*** DISPOSAL OF EXERCISE MAPS FROM SCHOOL- The janitor at Emerson School asked the road agent if he could take three large exercise mats to our transfer station. The selectmen felt this was fine. They will have to pay whatever the disposal fee is, just like other residents do.
*** TRASH CAN AT THE END OF THE BEACH – A couple of years ago the town removed the trash can from the town beach because people were disposing of their household trash in it. No one knows who placed this trash can at the town beach. Mrs. Silverman said that she would like it removed. We anticipate that whoever placed the trash can there will contact the town. The selectmen would like the road agent to put a sign at the beach stating that people need to take their trash with them when they leave.
*** PROPOSAL FROM GRAZ ENGINEERING FOR DES PERMIT TO REPLACE BRIDGE – The selectmen will discuss this next week.
*** UPDATE ON OLSON WETLANDS/SHORELAND VIOLATION – Ms. Thompson called DES and spoke with the inspector who wrote the letter to Mr. Olson on June 1, 2010 regarding the complaint the board filed with DES Shoreland. The inspector met with Mr. Olson at his property two weeks ago and has submitted her inspection report. She told Ms. Thompson that within 7 to 10 days the State will issue the letter of deficiency to Mr. Olson. She said that they will be requiring Mr. Olson to restore the property within the 50’ shoreland buffer, using the point system for 50’ grids. She didn’t think that they were going to levy a fine. Ms. Thompson said that the inspector told her that she was just a temporary employee in the Shoreland division and had already been moved to a different department. She was
unable to provide detailed information since she did not have the case file in front of her. After Ms. Thompson talked with her, she called back DES Shoreland and left a message for the head of that department to call her. Ms. Thompson will get more information on this and request a complete copy of the DES file. Ms. Thompson told the board that she expressed to the inspector that the selectmen, planning board and residents of the town were very upset by this blatant violation.
*** POSSIBLE BUILDING VIOLATION – The board will discuss this next week.
*** POLICE DEPARTMENT – The board will discuss this next week.
*** ELECTION WORKSHOP IN FITZWILLIAM JULY 21ST
*** COPY OF LETTER FROM POLICE CHIEF TO ELAINE OLSON – The board will review this next week.
*** MD&A DRAFT FOR 2009 AUDIT – The board will review this.
*** DRAFT OF WELFARE GUIDELINES – The board will review this.
*** NHMA FLOOR POLICIES – The board will discuss this next week.
SIGNED:
Submitted by:
Paula Thompson
Town Administrator Thomas F. Parker, Chairman
Susan S. Silverman
Nancy W. Carney
Board of Selectmen
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