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TOWN OF RYE - BOARD OF SELECTMEN

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					                          TOWN OF RYE - BOARD OF SELECTMEN

                                         MEETING
                                   MONDAY, OCTOBER 16, 2006
                                                                          Unapproved minutes
                                          6:30 p.m.,                      See minutes of 10/30/06
                                      Rye Public Library                  For corrections/approvals

                                              MINUTES
6:30 p.m.
        I.     CALL TO ORDER AND PLEDGE OF ALLEGIANCE

               At 6:40 p.m., Chairman Mills calls the meeting to order.

               Selectmen present: Chairman Joseph Mills, Vice Chairman Priscilla Jenness.

               Selectman Craig Musselman will be late due to a business meeting.

               Also present: Alan Gould, Town Administrator.

               The Chairman leads the Pledge of Allegiance.

        II.    ANNOUNCEMENTS

               A.     Police and Fire Departments Open House – Nov. 5, Noon to 4:00 p.m.

               B.     Chairman Mills makes a preliminary announcement that the residents of
                      Rye will be pleased with the tax bill.

        III.   APPROVAL OF MINUTES

               A.     Meeting and Budget Work Session, Thursday, September 28, 2006, 8:00 a.m.

                      Motion by Priscilla Jenness to approve. Second by Chairman Mills. All
                      favored. Motion carries.

               B.     Meeting, Monday, October 2, 2006, 6:30 p.m., Rye Library.

                      Motion by Priscilla Jenness to approve. Second by Chairman Mills.
                      All favored. Motion carries.

               B-1.   Non-Public Session Monday, October 2, 2006, 6:30 p.m., Rye Library, per
                      RSA 91-A:3,II (c) Reputation.

                      Motion by Priscilla Jenness to approve. Second by Chairman Mills. All
                      favored. Motion carries.

        PUBLIC HEARINGS

        The following Public Hearings are held in accordance with RSA 31:95-b.
Selectmen’s Meeting, October 16, 2006
Page 2 of 15

Public Hearing A.

The purpose of the hearing is to consider acceptance and expenditure of a grant awarded
by NH Emergency Management in the amount of $16,500 for a generator at the Rye
Public Safety Building.

Chairman Mills opens Public Hearing A at 6:42 p.m. He asks for any comments.


Lt. Richard Walsh states that this grant was through the NH Emergency Management. It
is an Emergency Preparedness Grant for a generator at the Rye Public Safety Building.

The Public Safety Building will be the Emergency Operations Center.

Chairman Mills calls for a motion to give them the right to accept and expend the
grant money. Motion by Priscilla Jenness to accept and expend the grant awarded
to the NH Emergency Management in the amount of $16,500 for a generator at the
Rye Public Safety Building. Second by Chairman Mills. All favored. Motion
carries.

Chairman Mills closes Public Hearing A.

Public Hearing B:

The purpose of the hearing is to consider acceptance and expenditure of a 2006 Fire
Fighters Grant under the Department of Homeland Security for an air compressor for use
in the Fire Department’s Respiratory Program. The total grant is $35,500 of which the
federal share is $33,725 (95%) and the Town share is $1,775 (5%).

Chairman Mills opens Public Hearing B at 6:45 p.m.


Lt. Richard Walsh states that last year they received over $115,000 for the self-contained
breathing apparatus. This is phase two of the grant request. It is the same grant process.
It was a competitive process and they are fortunate to be awarded the grant in the first
round. This will complete the Respiratory Protection Program. It will install an air
filling station and compressor at the Rye Public Safety Building.

NOTE: Selectman Craig Musselman has arrived at the meeting.

Motion by Priscilla Jenness to accept and expend a 2006 Fire fighters Grant under
the Department of Homeland Security for an air compressor for use in the Fire
Department’s Respiratory Program. The total grant is $35,500 of which the federal
share is $33,725 (95%) and the Town share is $1,775 (5%). Second by Craig
Musselman. All favored. Motion carries.

Chairman Mills closes Public Hearing B at 6:47 p.m.

IV.    AGENDA ITEMS
Selectmen’s Meeting, October 16, 2006
Page 3 of 15

      A.     Communications Committee: Susan Rizkalla and Michael Schwartz:
             Update on cable issues.

             Michael Schwartz states that they have had several conversations with
             Comcast to try to get them to move forward. They are not getting a
             response from them. Brian Christenson is the person that they met with.
             Brian is frustrated also. They are recommending that they send a letter
             from the Board and give them a sample of what they want displayed on
             Channel 22. Susan has a copy of the letter.

             Michael Schwartz discusses sending E-mails out to residents who wanted
             to receive an E-mail. He shows the Board samples of E-mails that they
             have put together. The E-mail will come from the Town of Rye and
             people can reply to the E-mail. The messages can contain anything that
             the Board wants and thinks is important. They can be updated
             periodically instead of sending them out weekly.

             Michael Schwartz states that the E-mails are ready to go whenever the
             Board wants to start sending them. They have 25 to 30 people that are
             interested in receiving the E-mails. They can have a meeting every week
             or whenever with Alan, and Nancy to see what they want in the E-mail.

             Chairman Mills suggests that he send an E-mail about the open house for
             the Fire and Police.

             Michael Schwartz states that he would do that.

             Craig Musselman asks who regularly looks at the E-mail address to
             respond to the replies to the E-mails.

             Michael Schwartz states that he can receive the replies or redirect where
             the replies go. They can also set the E-mails up so the recipients cannot
             reply.

             Alan Gould states that he sees this as a nightmare to try to collect and
             respond to the E-mail replies. He would rather see the E-mail recipients
             being referred to the Town Hall phone number. He feels that screening
             them would be a nightmare. He feels that for now they should not have a
             reply button on the E-mails.

             Alan Gould states that he would send something once or twice a week to
             Drew to put on the website whether it is West Nile, Triple E, about matters
             concerning the flooding or with the microburst. They would normally
             forward that information to Drew. Drew updates the website on Saturday
             so they could miss a whole seven day period until it gets updated again.
             They can also send the information to Michael and that is almost
             immediate and people would not have to be checking the website every
             day to see if there is anything new on it. Those that subscribe to the E-
             mail service would get it automatically as soon as it comes out.
Selectmen’s Meeting, October 16, 2006
Page 4 of 15

             Craig Musselman states that they should put the information about the E-
             mail on the website so people can get on the distribution list. Craig
             Musselman asks Michael if he would be the keeper of the E-mail list or
             would they have Nancy Weiand do that.

             Michael Schwartz states that they received the 25 or 30 names from Drew
             who had a link on the website a while ago and they would E-mail to
             NH.org with their E-mail address. He states that he is willing to compile
             and keep the E-mail list. He would be willing to set it up and have the
             info go to Nancy, either way. He states that they can always change it
             later.

             Chairman Mills states that since it is just starting out and it is new, rather
             than loading Nancy up with more work he would like Michael to take care
             of it as long as he is volunteering to manage it.

             Michael states that he will change the E-mail and not accept replies. He
             asks if he should put in the E-mail for people not to reply to the E-mail but
             call the Town Hall.

             Alan Gould states that he will get together with Michael to work out the
             nuts and bolts. They will work out the retention of the names and
             anything that does go on should be authorized by the Board. They will
             fine tune the E-mailing and then they can come back to the Board with a
             final plan.

             Priscilla Jenness states that it has to be in writing.

             Alan Gould states that they also have the Town’s computer and website
             protocol and they want to refer to it when they set up the E-mail system.

             Craig Musselman asks who is going to choose what information is going
             to be sent out.

             Priscilla Jenness states that it goes to Drew Doherty for the website and he
             is very careful and makes sure there is nothing commercial in it and that
             sort of thing.

             Craig Musselman asks if right now it should go through Drew.

             Michael states that he would rather work with Drew, at least to start.

             Alan states that right now he and Nancy decide what public information
             should be sent to Drew and if there is anything that is questionable then
             they would ask the Selectmen.

             Priscilla states that if Nancy sends it to Drew couldn’t she send it to
             Michael at the same time.
Selectmen’s Meeting, October 16, 2006
Page 5 of 15
             Alan states “absolutely”.

              Priscilla states then Michael will receive the same information that Drew
              receives. Drew also gets things in addition – like the Garden Club or the
              Lion’s Club.

              Alan Gould states that at this time the only information to go to Michael
              will be for the Town.

              Craig Musselman states that they probably should limit how many E-mails
              they send out – really only public information that most people need to
              see.

              Michael states especially information that is not routine – like the Fire and
              Police Department open house. He states that he will work with Alan
              because he wants to get the format set up.

              Susan Rizkalla shows a quick view on the screen.

              Michael states that there are two or three seconds between slides but they
              can change it. They just want to be sure that people can read through it
              all. Michael states that it shows the information on the Budget Committee
              Meeting, and that the Budget Committee is looking for a new member.
              He states that they pulled information off of the website. It has upcoming
              events and announces the general election for November 7 from 8:00 a.m.
              to 7:00 p.m.

              Craig Musselman asks if it would just scroll on that channel on the cable.

              Michael states that it was his suggestion that it run from 5:00 p.m. to 6:00
              p.m., Monday through Saturday and 11:00 a.m. to noon on Sunday.

              Priscilla Jenness states that as long as it is showing, the Portsmouth
              channel is cut off.

              Priscilla states that the information will loop.

              Susan Rizkalla states that they will update periodically. They wouldn’t be
              telling Comcast to expect an update every week. If Alan has power point
              on his computer they can E-mail him the file and he can watch it and okay
              it.

              Michael states that the content will come from the website. They will
              have the standard content and then the meeting notices and any special
              events. They can run the content by Alan for a couple of months and see
              what he thinks about it. If he thinks that things are going fine then they
              can pull him out of the loop and they can just send it to Comcast.

              Susan Rizkalla states that if there is information that is not on the Town
              website then they would need the Board’s permission to air.
Selectmen’s Meeting, October 16, 2006
Page 6 of 15

             Priscilla states that it is just a notification, not a long paragraph.

             Craig Musselman asks what organizations can use it.

             Susan states that it is up to the Board.

             Priscilla states that the information would be the same as the website.

             Michael states that Comcast walked them through the process and now
             they are getting to the next step - that is to get a letter from the Board with
             information that they would like on the Cable channel.

             Priscilla Jenness states that they are approaching the time when they have
             to renegotiate so this is very appropriate.

             Susan states that Brian represents Comcast and he is the one that can push
             this through. Brian feels that this has been a frustrating exercise for him.
             He has been trying to find a location in a Portsmouth facility. He has to
             find access. Because they stated phone servicing a year ago, they started
             taking up access. Now they have to wait to get everything going. Brian is
             working hard to get his company to make this happen. He needs a letter
             from the Selectmen to remind him what is in their contract.

             Susan gives a letter to the Board that they wrote to send to Comcast. She
             did run it by Comcast relations and they thought it was more than
             adequate.

             Chairman Mills states that Susan and Michael have been doing all the
             work and the Board will support them. He tells them to draft the letter.

             Chairman Mills states that they received a letter this past week of a change
             in the phone number and the location of the office.

             Alan Gould asks Susan to E-mail the letter to him and he will put it on
             letterhead and add the signature line for the three Board members to sign.

             Chairman Mills states that the 1991 contract was not exactly what they
             thought it would be so this time they will review the contract completely.

             Susan states that they are looking for a telecommunications person that
             would like to help out and they will put it on the website and also in the E-
             mails.

      B.     Jim Raynes, Chairman, Conservation Commission: Acquisition.

             Jim Raynes shows the Board a map of the area. He states that they
             received a letter from the Rand Lumber Corporation. They have four
             parcels of land for sale. He wrote back to them and said that the
             Conservation Commission was interested in acquiring them. There is
Selectmen’s Meeting, October 16, 2006
Page 7 of 15
             property on Clark Road which is a very small parcel and they took the
             option and sold it to an abutter. It is back land and it is wet. There was
             another piece in the middle of the Ciborowski land but they don’t have the
             title to that land. The Conservation Commission is interested in the other
             two properties and he needs a standard vote from the Board authorizing
             them to go forward. One parcel is off of Grove Road and it is completely
             surrounded by Town land, part of it is wet, they qualify for no up front for
             the wet because it is part of the watershed area. The other parcel of land is
             very important to the Conservation Commission. It is a fourteen acre
             section off of the Town Forest. It would be added to the 197 acres that
             makes up the Town Forest that they acquired. There was a question on
             that – two of the abutters wanted to put their back land having access to
             that but they have decided to go with the Conservation Commission. The
             title search is almost complete. He told them that he would like to get
             everything done by the end of October. They did get a posting and it will
             be in the paper. They will probably be able to close on this by the first of
             November. This is a good addition to the Town Forest, so he needs the
             Boards vote on these two pieces.

               Chairman Mills asks if they have done a map and lot number so they can
               be more specific.

               Jim Raynes says they have – Map 4, Lot 26 is 8.06 acres. It is listed as off
               road – it is off Grove Road and is wet and it is wooded. The other parcel
               is Map 12, Lot 80, 14.14 acres. It is woodland, adjacent to the Town
               Forest off Washington Road. All he needs is the Board’s approval. The
               Conservation Commission has already voted on this. They will have a
               Public Meeting on Thursday night and then they can write the check.
               They will have a Public Meeting on Pioneer Road on the next Thursday
               The purchase price on the first parcel is $28,600 and the other parcel
               adjacent to the Town Forest is $184,250. The amounts are the assessor’s
               valuation.

               Chairman Mills calls for a motion for permission to seek and acquire
               both of these parcels. Motion by Craig Musselman to acquire parcels
               – Map 4, Lot 26, 8.06 acres for $28,600 and Map 12, Lot 80, 14.14
               acres for $184,250. Second by Priscilla Jenness. All favored. Motion
               carries.

       C.      Sign Request: Webster at Rye for the annual Christmas Fair (12-2-06)
               Sign to be placed at the intersection of Washington Road and Lang Road
               for one week before the event (11/25/06 – 12/2/06) Motion required.

               Motion by Craig Musselman to approve the sign request. Second by
               Priscilla Jenness. All favored. Motion carries.

       C-1.    Christmas Parade: Sunday, December 3, 2006
Selectmen’s Meeting, October 16, 2006
Page 8 of 15
             Chairman Mills states that he wants to add the Christmas Parade at this
             time. He has it in his correspondence. It will be on December 3 at 1:00
             p.m. It will leave Webster at Rye and end at the Rye Junior High School.
             He states that the parade is not presented by the Fire Department but by a
             Fireman on his own.

       D.     Event Permit Application: NH Seacoast Run, Pedal, Paddle, Run and
              Bike race, Saturday, 10-21-06. Motion required.

              Motion by Priscilla Jenness to approve. Second by Craig Musselman.
              All favored. Motion carries.

       E.     Sign Requests: Rye Public Library for Speaker Series. Sign to be placed
              at intersection of Washington Road and Lang Road at Parsons Field for
              five days prior to each event: Thursday, Oct. 19, Thursday Nov. 2 and
              Thursday, Nov 16. .

              Motion by Priscilla Jenness to approve. Second by Craig Musselman.
              All favored. Motion carries.

       F.     Selectmen’s Quit Claim Deed to Paper Street for part of Neptune Drive to
              Massood Samii and Farideh Namazi as Trustees of the Twenty Nine
              Parson Road Realty Trust. Selectmen voted on 7-24-06 to grant the deed
              pending approval of the deed by the Town Attorney. The deed has been
              prepared/approved by the Town Attorney.
              Motion by Priscilla Jenness to approve the signing of the quit claim
              deed. Second by Craig Musselman. All favored. Motion carries.

       G.     Selectmen’s Quit Claim Deed to Paper Street for northerly half of
              Highland Avenue to Thomas J. Barron and M Barron Revocable Trust.
              The Town Attorney has prepared the quit claim deed.
              Motion by Priscilla Jenness to approve the signing of the quit claim
              deed. Second by Craig Musselman. All favored. Motion carries.

       H.     Rye Fire Department Association: Request for approval of Rye Holiday
              Parade, Sunday, December 3, 2006, 1:00 p.m. Motion required: To
              approve the Rye Holiday Parade as a Town event coordinated by the Rye
              Fire Department Association acting as volunteers on behalf of the
              Town.

              Chairman Mills states that the parade will form behind Webster at Rye
              795 Washington Road at 11:00 a.m., judging will take place at 12:00 p.m.
              All parade entries will be included in the judging. Trophies will be
              awarded to the winning entries following the parade at the Rye Junior
              High School. Parents should pick up their children at the Rye Junior High
              School. This year’s theme will be The Polar Express.

              Motion by Priscilla Jenness to approve the Rye Holiday Parade as a
              Town Event coordinated by the Rye Fire Department Association
Selectmen’s Meeting, October 16, 2006
Page 9 of 15
             acting as volunteers on behalf of the Town. Second by Craig
             Musselman. All favored. Motion carries.

      I.     Rye Junior High School Student Council sign request

             Chairman Mills states that this is added to the agenda items.

             Alan Gould states that Mrs. Adams is here to address the Board on the
             sign request.

             Mrs. Adams states that they are having a Fund Raiser in the field at Lang’s
             Corner on October 28. They would like the sign up for seven days.

             Motion by Craig Musselman to approve. Second by Priscilla Jenness.
             All favored. Motion carries.

V.    CORRESPONDENCE

      Chairman Mills makes a motion to make the Correspondence List a
      permanent part of the record with the Meeting Minutes. Second by Craig
      Musselman. All favored. Motion carries.

      A.     Letter from Jonathan Landers, 155 Grove Road, rec’d 9-27-06 re: Tax
             Bill for 155 Grove Road
             (A copy of the letter is attached to these minutes)

             Chairman Mills states that Jonathan Landers claims that the taxes were not
             mailed properly but according to the Town Clerk, she did everything
             correctly. The house is in his mother’s name and her address was Florida
             and she did not send it to him on time so there was a $53.26 interest
             charge. He also requested an abatement refund. They granted him the
             abatement that he asked for on June 15. There was a check sent out to him
             for $200.84 that also went to Florida. There was a missed communication
             between Mr. Landers and his mother. The address is now corrected but
             Chairman Mills is not in favor of granting a refund.

             Priscilla Jenness states that she is not in favor of granting a refund. Even
             if someone did not receive their tax bill, they are still responsible.

             Craig Musselman states that he is not in favor a granting a refund. He
             states that it looks like the Town did everything correctly.

             Chairman Mills calls for a motion to reject Jonathan Landers’
             request for a refund. Motion by Priscilla Jenness to deny the request.
             Second by Craig Musselman. All favored. Motion carries.

      B.     Letter from Donald G. Doney, Jr. rec’d 9-28-06 re: Cable Road
             sidewalks.
             (A copy of the letter is attached to these minutes)
Selectmen’s Meeting, October 16, 2006
Page 10 of 15
              Chairman Mills states that they have been going back and forth on these
              sidewalks. They have been trying to get to the bottom of it. He read Mr.
              Doney’s letter and Mr. Doney “was disheartened by the tone of the
              Chairman. His statements lead me to believe that he would oppose this
              project as a waste of taxpayer’s money and an unwanted burden for the
              Town of Rye.” Chairman Mills states that he does not believe he ever said
              that it would be a waste of the taxpayers’ money. He has to check the
              minutes. Mr. Doney is in favor of anything that would be done to rectify
              the conditions on the Cable Road sidewalk.

       C.     Letter from Jennifer Madden, 620 Central Road, rec’d 10-04-06 re:
              Request for approval to plant hedge in Town right-of-way.
              (A copy of the letter is attached to these minutes)

              Jennifer Madden states that she referenced that it is 20 feet from the road
              into the yard but it is actually 30 feet. She states that they lost a lot of
              trees in the August 2nd storm and they would like to replace what was lost.
              They would like to plant a four foot hedge where the trees were. On the
              deed they called it an easement.

              Bud Jordan states that it is a pole easement. The poles are set way back on
              that side. The easement is from the poles out. He requested that none of
              the shrubs grow so that they would hit the wires. Bud Jordan states that
              the road changes dramatically there. The pole lines are way in on the
              people’s property and it appears that there is a sixty-five foot right of way
              there rather than a fifty foot right of way.

              Chairman Mills states that the Selectmen will do a site walk to that area.

              Craig Musselman asks if she wants to plant the hedge before the frost.

              Jennifer Madden states that she would like to.

              Bud Jordan states that he would like her to mark where the hedge would
              be planted.

              Jennifer Madden states that the hedge would be between twenty and thirty
              feet and she would like to put shrubs on both sides of the driveway.

              Bud Jordan states that he will go to the property and mark it for her.

       D.     Letter from Harold J. Odiorne, Jr. and Patricia L. Odiorne rec’d 10-
              05-06 re: Objection to UNH Marine Laboratory at Odiorne Point.
              (A copy of the letter is attached to these minutes)

              Chairman Mills states that Mr. Odiorne objects to the UNH Marine
              Laboratory at Odiorne Point. He is a direct descendent of the people that
              settled there in the 1650’s.
Selectmen’s Meeting, October 16, 2006
Page 11 of 15
              Chairman Mills states that he would like this put in a folder marked as
              information on the UNH Laboratory.

       E.     Memos from Pat Remick, Coalition Communities rec’d 10-6-06 and
              10-11-06 re: Education Funding Survey for 2007 candidates from Rye and
              New Castle to see where candidates stand on Education Funding.
              (Copies of the memo and template to send to candidates are attached to
              these minutes)

              Alan Gould states that they want the Town to send the survey to each of
              the candidates and collecting the information. He states that then they
              would probably be responsible for distributing that information which
              does not seem proper for the Town to do. He wanted to ask the Selectmen
              before he said “no” to sending out the survey.

              Chairman Mills states that Alan could send the surveys to the candidates
              and then keep the replies at Town Hall and when people ask they can go
              look at the answers to the surveys at the Town Hall. He does not want it
              on the E-mails or on the website.

              Craig Musselman states that the information needs to get distributed but
              the Town cannot do that.

       F.     Letter from Mel Low, rec’d 10-12-06 re: UNH Marine Laboratory at
              Odiorne Point State Park
              (A copy of the letter is attached to these minutes)

              Chairman Mills states that there is a letter from Mel Low and he is a
              graduate of UNH and he is against the Marine Research Laboratory at
              Odiorne Point. He is asking the Selectmen to strengthen the Town’s
              position by getting input from the Conservation Commission, the Planning
              Board and other Rye members of the Marine Research Laboratory
              Working Group.

              Craig Musselman states that he is a member of the working group. He
              went to the meeting in Stratham – it was not a “secret meeting”.

              Jim Raynes states that he did not get a notice of the meeting.

              Craig M ..Musselman states that the press was there and it was covered
              and some of the public was there. It is his understanding, after they made
              a presentation in Stratham and got the reaction that they got that they are
              likely regrouping and looking at other sites. His personal opinion is that
              the site that they proposed won’t fly. He feels that if they react now they
              will be reacting to something that is not what they are proposing. He
              suggests that they attend the next meeting and make sure that all the
              working group members are notified of it and they can see what they are
              proposing before they react negatively.
Selectmen’s Meeting, October 16, 2006
Page 12 of 15
              Priscilla Jenness asks if he knows how long it will be before they gather
              the group together again.

              Craig Musselman states that he has not heard and they left the last meeting
              without a firm schedule. He thinks that it will be in a number of weeks.
              At the meeting they made a presentation as to where they had been in the
              past and indicated that for the last year or so they had not taken it any
              further. They solicited input from the people who were at the meeting.
              These included some members of the working group, new members from
              Rye, from Parks, the Seacoast Science Center, and from several members
              of the public. The reaction was not positive about the site and the design.
              The Seacoast Science Center, UNH, and the various professionals there
              had worked together a year and one half ago. They were not trying to sell
              the Laboratory but were describing where they had been in the past.

              Jim Raynes states that there was a presentation of the complex.

VI.    NEW BUSINESS

       A.     Plaque for Joan LaFrance

              Jane Holway states that two months ago when Joan LaFrance died she
              suggested that there be a plaque. She has the plaque and would like to
              have it in the courtroom, near where Joan always sat.

       B.      Pictures

              Jane Holway states that she has pictures that they might consider for the
              Town Report.

       C.     Historic District Meeting

              Chairman Mills states that there will be a Historic District Meeting at the
              Town Hall on Wednesday night at 7:00 p.m.

VII.   OLD BUSINESS

       A.     Dick Sherwin regarding Carpenter property

              Dick Sherwin states that a few weeks ago he came to the Selectmen’s
              meeting and made a presentation. His information was given to Susan
              Zarlengo, the Building Inspector. She wrote a memo and gave it to the
              Board about two weeks ago. He received a copy of the memo and made a
              lot of additions to the memo including the results of a Board of
              Adjustment meeting whereby the landowner is asking for a fifty foot
              extension of his property which was granted with stipulations. The
              stipulations say that anything over a certain number of feet over the stone
              wall shall be planted with evergreens and shall never be used for the
              commercial portion of the lot. Since that was done a Town official gave
              out a building permit to put in a parking lot back there. There is not
Selectmen’s Meeting, October 16, 2006
Page 13 of 15
              supposed to be anything in that area at all. If he wants to keep a parking
              lot there then the stipulation should be taken away from him. Take the 50
              feet back. You cannot have one and not do the other that was the
              agreement.

              Dick Sherwin states that the Carpenter’s lawyer states that the want the 50
              foot extension so they can do the other things and then they will negate
              other land and that is what the Board of Adjustment did. They should not
              have given him the fifty feet to begin with because what they did was they
              made the residential portion of that lot more nonconforming than what it
              was – which is against land management rules. He was given a permit by
              the Town to put in a parking lot. The zoning map of the Town of Rye for
              that piece of land has been altered and changed illegally by someone in the
              Town Hall. That lot is marked totally commercial and it is not. He states
              that that is a serious offense and is against state law and the Rye
              Ordinances. The only one that can change the designation of land is by
              vote of the residents of the Town at Town Meeting or by the Board of
              Adjustment and they can only extend it fifty feet and no more.

              Dick Sherwin states that he came down to the meeting because of all the
              traffic and everything that is interfering with his property and he asked for
              an abatement. He states that all the traffic and everything that is across
              from his property was done without permission. It was an illegal
              permission. They put in a plan after everything was done and it was
              approved as is, as built – even after all Mr. Sherwin’s complaints. They
              can’t approve something as built with all kinds of problems in it, but they
              did. A Selectman went up there and checked the building and said that
              there was nothing wrong with the building according to the plans. The
              state assessor went into the building before the Selectman did and said that
              it was overbuilt. There is a statement from Mr. Earls, the State assessor on
              the property card in the Town Hall.

              Chairman Mills states that they have replied to him, Mr. Sherwin, and
              given him all the information that they have and Susan has. He wants Mr.
              Sherwin to put the request in writing. They gave him the memo on
              September 18 that Susan Zarlengo wrote to the Board.

              Dick Sherwin states that the memo has only about one fourth of the
              problems on it. He has already given the information to Susan.

              Chairman Mills states that if he has already given the information to Susan
              then he should not come before the Board with the same information. The
              Board is waiting for Susan’s reply. She is the one that will make a
              judgment on it.

              Dick Sherwin states that he came to the Board meeting two months ago.
              When he left the meeting he was expecting an answer from the Board on
              the abatement. They told him that he should have gone to the state board
              by the first of September. Mr. Promer was there and the Board asked him
              if there was something he could do.
Selectmen’s Meeting, October 16, 2006
Page 14 of 15

END OF SIDE ONE

             Craig Musselman asks if he has a copy of the map as it used to be.

             Dick Sherwin states that Susan Zarlengo has it and the Town Clerk has it.
             Every change that goes into a Town map has to be recorded by the Town
             Clerk.

             Craig Musselman asks if the map is dated.

             Dick Sherwin states that it is dated.

             Chairman Mills asks him to put everything in writing and he will have
             Susan Zarlengo address it again.

             Craig Musselman states that they cannot deal with the issues until Susan
             gets the input from Mr. Sherwin in writing and then Susan responds to the
             Selectmen in writing.

             Alan Gould states that it is like a puzzle for Susan to try to put together
             because it goes back so many years. Susan can take the information that
             Mr. Sherwin gives her and then she tries to find the documentation of the
             written events. She needs to fine tune what she found and take the
             information from Mr. Sherwin and find the documents that he is pertaining
             to. Susan has to rely on the legal record and that is where she is having
             difficulty.

             Dick Sherwin states that he realizes that she is having difficulty and that is
             why he is giving her the tapes from the meetings of the Planning Board
             and the Board of Adjustment.

             Alan Gould states that he will sit with Susan and take a look at the marked
             up copy that Mr. Sherwin has.

             Chairman Mills states that Susan has spent at least forty hours on Mr.
             Sherwin’s first request. He states that if it is not justified it is not fair to
             the rest of the taxpayers.

             Dick Sherwin states that he would take a deposition and cite all the people
             in Town that were involved in this, including Selectmen, Board of
             Adjustment and everybody else.

             Alan Gould states that they went with the decision that they found at that
             time and if that was not the decision then they have to find something that
             countered that decision and that is the difficulty. Alan Gould states that
             he will make a copy of Mr. Sherwin’s marked up copy and get it back to
             him.

VIII. PUBLIC RECOGNITION –None-
Selectmen’s Meeting, October 16, 2006
Page 15 of 15

IX.    OTHER BUSINESS – None-

NON-PUBLIC SESSION

At 7:47 p.m., Chairman Mills calls for a motion to go into a Non-Public Session per
RSA 91-A:3,II (a) Personnel and (e) Legal. So moved by Craig Musselman and
second by Priscilla Jenness. Roll call vote. All Ayes. Motion carries.

At 8:40 p.m., Chairman Mills calls for a motion to come out of the Non-Public
Session and return to the meeting. So moved by Craig Musselman and second by
Priscilla Jenness. Roll call vote. All Ayes. Motion carries.

Chairman Mills calls for a motion to seal the minutes of the Non-Public Session. So
moved by Priscilla Jenness and second by Craig Musselman. Roll call vote. All
Ayes. Motion carries.

Motion by Priscilla Jenness to authorize Alan Gould to sign the agreement with
Portsmouth to provide welfare services. Second by Craig Musselman. All favored.
Motion carries.

ADJOURNMENT

At 8:45 p.m., there being no further business, Chairman Mills calls for a motion to
adjourn. So moved by Priscilla Jenness and second by Craig Musselman. All favored.
Motion carries.

Respectfully submitted,

Anne-Michele Scannell

				
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