Board of Selectmen September 27, 1999

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

SEPTEMBER 27, 1999

MEMBERS PRESENT: Chairman Marty Illick

John Rosenthal

James Sheldon-Dean

Clark Hinsdale, III

Robert Mack, Jr.

JUSTICES OF THE PEACE: Sylvia Sprigg

Harley Allen

Mike Yantachka

Marlene Mansfield

David Perrin

Sharron Delaney

OTHERS: Robert Carpenter

Eleanor Carpenter

Jet Advani

Art Ridge

Jackie Baker

Kay Gault

Richard LeBoeuf

Barry Gilmore

Doris Claflin

Nelson Claflin

Sue Patenaude

John Patenaude

Judy Rowe

Shirley Bean

Clem Richer

Susie Richer

Stephen C. Brooks

Moe Harvey

Marlys Beck

Jean Garen

Hugh Lewis, Jr.

Frank Thornton

Mary Thornton

M.S. Logan

Margaret White

Lew White

Robin Simpson

Charlie Russell

J. Clemmons

Sandy Mayo

Jane Michaud

Stanley Lane

Robert Heilferty

Spin Richardson

Lance Fournier

Wes Patenaude

Rolf Sennhenn

Nancy P. Sabin

Warren Lawrence

Wendy Schroeder

Board of Selectman -2- September 27, 1999

Chairman Illick called the meeting of the Board of Tax Abatement

to order at 7:05 p.m. in the Charlotte Town Offices.

BOARD OF TAX ABATEMENT - ADVANI

Jet Advani reviewed with board members that his house on Split

Rock Road had burned down and there was no structure on the

property at this time. Sylvia Sprigg advised that the reason

cited for tax abatement in this case should be (5) "taxes upon

real or personal property destroyed during the tax year."

Mansfield moved and the motion was seconded by

Yantachka:

* "TO ABATE THE TAXES FOR THE ADVANTIS IN THE AMOUNT

OF $3,638.16 FOR THE AMOUNT OF TAXES ON THE HOUSE IN

THE 1999/2000 TAX YEAR."

Vote: All in favor.

Mike Yantachka discovered the Board of Tax Abatement was one

person short of a quorum and Sylvia Sprigg offered to call other

Justices of the Peace and see if another Justice could come and

offer their vote. Rosenthal suggested moving on until someone

could arrive.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO RECESS AS THE BOARD OF TAX ABATEMENT AND

CONVENE AS THE SELECTBOARD."

Vote: All in favor.

The Selectboard convened at 7:10 p.m.

PUBLIC DISCUSSION

Rosenthal noted that the New England Inter-Collegiate Geological

Conference was having a lecture at the town beach on October 3rd

at 10:30 a.m. and offered any interested parties could attend.

Sandy Mayo discussed a petition to put the School Board budget

on the ballot. Rosenthal advised this would be an Article to be

voted on Town Meeting Day. Mayo asked if the Article passed,

when would it take effect and Marlene Mansfield advised it would

take effect the following year.

ROBIN SIMPSON - LISTER RESIGNATION

Chairman Illick advised that Robin Simpson had resigned as a

Lister for personal reasons and noted a letter from the Listers

asking if Heather Manning could be appointed to fill the

position.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO ACCEPT ROBIN SIMPSON'S RESIGNATION AND APPOINT

HEATHER MANNING AS A LISTER."

Vote: All in favor.

Board of Selectman -3- September 27, 1999

Moe Harvey suggested the board should wait to see if anyone else

was interested in the position before making an appointment.

Rosenthal and Sheldon-Dean then withdrew their motion and

second.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO ACCEPT ROBIN SIMPSON'S RESIGNATION."

Vote: All in favor.

Chairman Illick asked Lister, Jackie Baker, for her opinion and

Baker responded that she felt Heather Manning had valuable

experience and a would be an asset to the Listers' office.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO APPOINT HEATHER MANNING AS AN ACTING LISTER

UNTIL THE NEXT SELECTBOARD MEETING."

Vote: All in favor.

Sylvia Sprigg noted the arrival of Sharron Delaney and the vote

to abate taxes on the Advani house was recalled and unanimously

approved.

SENIOR CITIZEN CENTER - SHIRLEY BEAN & BRENDA TEMPLE, DISCUSS

IRISH BEQUEST, APPROVE SENIOR CENTER FEASIBILITY PROPOSAL

Mansfield read a passage from "Another Country" and explained

the senior citizens gathered here were a show of support that

they want the Selectboard to commit to building a senior center.

Mansfield suggested accepting the $500,000.00 bequest from

Walter Irish's will and the land offered by Richard LeBoeuf to

build a center.

Shirley Bean suggested ways, including making and selling crafts

that the senior center could be self-funded and noted the

building should be handicapped accessible. Bean said seniors

currently meet at the Congregational Church every first and

third Monday of the month, but for many seniors transportation

is a problem and offered they could get help from SSTA. Bean

said she had looked at senior centers in other towns and liked

what she saw and offered she felt a senior center would not be a

financial burden to the town. Bob Heilferty said that

everything was in place to go forward and the only financial

obstacle would be the cost of hiring a Director. Bean said that

Meals on Wheels has already expressed interest in using the

kitchen for the proposed center and would be willing to pay for

its use.

Arthur Ridge said a group of people is already committed to

making the senior center work. Eleanor Carpenter described her

need to have her husband have someone to keep him company and

look after him while she works. Nancy Sabin expressed her

feelings that there are seniors in town, like the Carpenters,

for whom a senior center would be of help and that she thought a

feasibility study was a waste of money.

Board of Selectman -4- September 27, 1999

Warren Lawrence described his friendship with Walter Irish, who

willed money for a senior center and spoke in favor of

respecting Irish's wish.

Judy Rowe said as a former senior center director, that many

senior centers currently are underfunded and consequently hard

pressed for money. Jack Clemmons said he felt that senior

centers serve a purpose and town residents had already looked at

senior centers in other towns for advice on funding.

Illick said she was impressed with the turnout showing interest

for the senior center and suggested the seniors formalize into a

group. Illick said a feasibility study was a prerequisite for

going ahead with the project and the town must prove to Emily

Morrow, who is the executor of the will that there is an

interest from the seniors in town and the center would be

financially stable.

Arthur Ridge said a group of seniors is volunteering to help

satisfy the terms of the will and the needs of the elders in

town with as little impact on the tax base as possible and he

felt having a senior center in town was feasible.

Rosenthal said he was thrilled that a group is showing interest

in the senior center as he hadn't had much feedback from the

work he had done on the project to date. Stephen Brooks

suggested that Emily Morrow be shown a prospectus with the

interested parties willing to work on the project listed.

Sylvia Sprigg said seniors have been waiting a long time for

this center and said there is a real need and seniors could put

the information together. Spin Richardson said the seniors

would need professional support and a facilitator to ask the

right questions and who would work with the seniors.

Bean said Art Ridge is experienced in this area and has the time

and Ridge asked if he could get a copy of the proposals from

Debby Bergh and Mad River Consulting to review and make

recommendations and Rosenthal provided them. Ridge said he

would have an outline of proposed work by the end of October.

Illick noted that conclusions of the feasibility study would be

needed by the end of November. Rosenthal said he would like to

continue reviewing this issue and Sheldon-Dean asked for

progress and an outline be addressed at the next two board

meetings.

MICHAEL LAZAR - APPEAL FROM DECISION OF DEPUTY HEALTH OFFICER

Chairman Illick opened the Public Hearing, said Michael Lazar

was here on an appeal of the ruling of the Sewage Officer and

the board would be taking testimony from Lazar and or other

pertinent parties and then getting back to Lazar with a with a

written decision.

Michael Lazar introduced himself and David Marshall, an engineer

with Civil Engineering Associates. Marshall said Lazar

currently has a four bedroom house, but not all the bedrooms are

occupied and a private, non-profit school on his property.

Board of Selectman -5- September 27, 1999

Marshall said that Lazar currently has a state permit for his

septic design treating each building separately for septic, but

wanted to go with another design that would reduce the pumping

stations on his property, as all the bedrooms are not currently

being used and therefore the current septic system is not being

used to capacity. The Zoning Administrator, Louis Cox informed

Lazar that the new design did not conform to the town sewage

ordinance of having septic capacity for two people per bedroom.

Lazar showed a map of his property and septic areas and stated

the only problem he sees comes down to what happens when the

property is sold. Marshall said that the what Lazar was looking

for was acknowledgement from the board that the state standards

have been met and approved and the burdens of risk have been

addressed, this is a special case and when the property is sold

the agreement with the town will become null and void. Mack

asked if Lazar was having any trouble with his septic system and

Lazar said no. Cox acknowledged that his only problem with

Lazar's septic system was a matter of consistency in how he

administrates the septic rules (a maximum usage of 2 people per

bedroom). Illick said the board would meet and get back to Lazar

with a decision.

LANCE FOURNIER - APPEAL FROM DECISION OF DEPUTY HEALTH OFFICER

Chairman Illick opened the Public Hearing noting this was the

appeal by Lance and Kelly Fournier of the ruling of the Deputy

Health Officer dated September 14, denying a septic permit for

the residence at 5757 Greenbush Road. Lance Fournier asked if

board members had received his letter outlining his case and

board members said yes.

Lance Fournier sad he had talked with then Zoning Administrator

Charlie Burnham about his plans to subdivide to build a second

house on his property. Fournier had test pits dug by Wes

Patenaude, had the soils tested by an engineer Patenaude

contacted and was told the soils were adequate for septic. In

the meantime, Charlie Burnham left his position and Louis Cox

was hired as Zoning Administrator. When Fournier came to pick

up his permits, he was told the soil tests were not valid as

there was no representative from the town present at the time.

Fournier was then told to dig new holes and Spencer Harris from

the town came to see the tests. Harris said he felt the soils

in the area that Fournier wanted to put a mound system were

inadequate, but suggested that Fournier expand the existing

mound system. Fournier said he ordered plans from Pinkham

Engineering, who had originally done work on the system, and the

engineer from Pinkham calculated that adding nine linear feet on

each side of the mound would be adequate. Fournier said that

application was then denied because Harris said more testing on

the mound should have been done at the time he visited.

Fournier questioned why Harris didn't say anything at the time,

especially since a backhoe was present at the site.

Board of Selectman -6- September 27, 1999

Wes Patenaude said in the original holes he dug the soils were

limited, but he thought the expanded mound system would work.

Mack asked who owned the land and Fournier said he owns both

pieces of property. Fournier added he has owned the current

house for 11 years and has had no problems with septic.

Patenaude said he thought the expanded mound system would be

adequate. Illick gave Fournier a copy of Harris's report.

Fournier said he had spent a lot of time and money on the issue

and has been very up front about his plans and offered that

board members could view the site. Illick read Spencer Harris's

letter. Louis Cox outlined what would be involved in testing on

a existing mound system and his opinion was that 1 test pit

would not disturb the existing mound. Cox stressed that the

town is required to follow the EPA rules in mound systems.

Illick told Fournier the board would get back to him with an

answer.

DAVID MINER - SETTLEMENT DISCUSSION

David Miner said he had built a garage too close to Greenbush

Road. Miner said he has a brick house on the west side of

GReenbush Road built in the 1840's which is close to the road.

Miner decided to built a garage with an apartment over it.

Miner said he obtained a permit and variance. When Miner

started to build the garage he ended up adjusting the footprint

to avoid cutting down some hundred year old cedar trees and the

garage was sited 8 feet out from the existing house. Miner said

he didn't fully understand how critical the siting was to his

variance. Miner said that only when he needed a title search

for financing and went to get a Certificate of Occupancy did he

find out he had a problem. Miner said he knows he can't get a

variance on a variance and doesn't want to settle the matter in

Environmental Court. Mack asked if any of the neighbors

objected to the garage and Miner said no. Sylvia Sprigg asked

why the siting problem with the trees didn't come out at the

Zoning hearing and Miner said because his plans were open ended

and there was not site visit. Illick told Miner the board would

get back to him with a decision.

REVIEW OF RECENT VOTE TO PURCHASE LAND

Chairman Illick said the board was looking for reasons why the

vote to acquire the Burns property for septic and recreational

use had failed, and what the town would like to do in the

future. Charlie Russell said he thought there was not enough

discussion about specific costs i.e., how much septic at the

Lavallette vs. Burns property would have cost.

Rosenthal said he was bothered by the poor turnout for the

election and Russell said he thought that people forgot about it

as there were no signs posted.

Spin Richardson said there were too many "what ifs" in the

presentation that were not fully addressed and he felt that

leadership and clear goals were absent from the plan.

Board of Selectman -7- September 27, 1999

Hinsdale said he thought that it was not clear to the voters

what voting down the measure would mean to the town, and

suggested spelling out more options on the property and making

it clear that no buildings would be built until the sewer

problems were addressed.

Sylvia Sprigg said she thought that many voters didn't know how

big the whole parcel of land besides the 55 acres the town was

interested in was and perhaps the town should consider buying

the whole parcel.

Wendy Schroeder said the plan was difficult to convey to the

public as there were many unknowns and the Selectboard and the

Land Trust couldn't convey how important the purchase was to the

town's future.

Moe Harvey said he thought the Selectboard had done a poor job

of marketing their intentions and there should have been more

coverage in the Charlotte News and the School Board could have

been more cooperative in an issue that would eventually effect

them.

Marlys Beck said there were too many gaps in the information

provided and if a school or other projects might be sited on the

Burns property those options should have been made clear. Beck

suggested showing the townspeople the board is looking ahead.

Hinsdale said the issue at hand was that the board needed to

vote on whether to keep paying on the option to buy the Burns

property as the payment would be due October 1st.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO PAY THE $5,000.00 OPTION ON THE BURNS PROPERTY."

Vote: All in favor.

MINUTES OF SEPTEMBER 7 & 13/THORPE BARN

Illick said the Thorpe Barn didn't need to be dealt with yet and

wanted more time to review previous meeting minutes.

BILL SIGNING/DISCUSSION

Board members reviewed and signed bills. There was a discussion

on the upcoming work on route 7 and the impact on trails in the

area. Schroeder said she was reviewing the Town Plan in

preparation for hearings on the plan.

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO GO INTO DELIBERATIVE SESSION TO DISCUSS THE

LAZAR AND FOURNIER HEARINGS."

Vote: All in favor.

Executive Session began at 10:50 p.m. and ended at 11:10 p.m.

Board of Selectman -8- September 27, 1999

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO GO COME OUT OF DELIBERATIVE SESSION AND GO INTO

EXECUTIVE SESSION TO DISCUSS THE BURNS PROPERTY

DEAL."

Vote: All in favor.

Executive Session began at 11:10 p.m. and ended at 11:30 p.m.

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 11:30 p.m.

Minutes submitted by:

Debby Flynn