TOWN OF BRADFORD
SELECTMEN’S MEETING
MAY 5, 2009
5:30PM
The Pledge of Allegiance was said.
Call to Order and Roll Call:
Charles Meany, Chair called the May 5, 2009 meeting to order at 5:30 pm with Jack Meaney, Peter Fenton, Cheryl Behr, Administrator, Marilyn Gordon, Treasurer and Marge Cilley Secretary present.
Review and Consideration of April 7, April 10, April 21 minutes:
Decision was to review the minutes at a later time.
Appearances:
Steve Lucier, Road Agent appeared before the Selectmen and advised he has some pipe to have installed for floor drains in the new Highway Garage, which came from Carroll Concrete at $30.00 per 3 foot section, and 30 feet are required to do the job, which will cost a total of $300.00. Steve Lucier advised he had talked with Mr. Sailer, and there is no problem installing the drain. Charles Meany, Chair advised the system designed, must be approved by DES. June 1st is the completion date set.
Robert Stewart, Sr. re: Insurance Waiver:
Robert Stewart, Sr. presented forms and contracts to the Selectmen for signatures for the KAB at the Community Center, of which the Selectmen’s office will keep one for their records. It was mentioned that the maintenance for the parking lot is taken care of by the Bradford Highway Department, and shoveling of walkways in the winter, by someone else.
Bradford Improvement Association:
Jane Johnsen and Sandy Richard, representing the BIA came before the Selectmen requesting approval to plant flowers out front of the town hall. They advised they had already talked with Marlene Freyler and will work together. Charles Meany, Chair advised any improvement for the town beautification is fine as long as it does not cost any money. Charles Meany, Chair also advised there may possibly be some Stimulus Money in the form of Energy Grants which may allow replacement of the front entry way to the town hall, which may include flowers, granite curbing etc.
Marcia Keller regarding the Michael Martin lot on Lake Massasecum Map 19, Lot 41:
Marcia Keller presented a plan for handicapped access for the front of the town hall which was drawn up some time ago, and will be put in the file per Charles Meany, Chair.
Marcia Keller also brought up the application by Michael Martin, Map 19, Lot 41, on the back side of Lake Massasecum for a building permit. The concern is for all the lots back there, but specifically this lot and started with the State Statute RSA 674:41
The following information was not printed as an e-mail before tonight’s meeting but was included in the conversation.
Building Permit for Map 19 Lot 41
Concerns
1. RSA 674:41 – . . . “no building shall be erected . . . nor shall a building permit be issued for the erection of a building unless the street giving access to the lot. . .” is
a. Class V or better, or,
b. On a subdivision approved by the planning board accepted by the local legislative body, or,
c. On a street plat approved by the planning board, or
d. A street approved by the legislative body, or
e. Class VI highway (with several conditions)
RSA 674:41, III says that the street giving access to the lot means the street on which the lot has frontage and does not include a private easement or right-of-way (unless the it meets the criteria in a. – e. above).
Discussion with David Connell of the Local Government Center (LGC) – it would appear that this provision applies to the lots on the back side of Lake Massasecum that have only path or boat access.
2. Book 3076, Page 1444 deed from Proulx to Martin references lot #57, Plan No. 916.
This plan, drawn by Laurie D. Cox in 1925 and recorded 7/5/1940 shows lot #57 adjacent to #58.
Comparing this plan with the Bradford tax map and based on the comparative dimensions, Lot # 57, and at least one or two others are now part of Map 20, Lot 15 so could not be sold separately.
Mr. Connell questioned the wording for any right-of-way in the deed – there does not appear to be any.
3 RSA 674:41, II-a provides a method to deal with this situation – through vote of the town under zoning procedures, the inaccessible lots on the Lake can be excepted from this provision. If done, I would advise that the requirement to record a “waiver of liability” (so-called) at the registry of deeds be included in the proposed ordinance.
Two lawyers at the LGC were of the opinion that this section could be drafted to apply to these lots.
Marcia Keller May 4, 200
Marcia Keller advised that Bradford does have Street Plats as that is the only way to deal with private roads. This lot does not have a building on it, and never has had a building on it, and does fall under this statute. Much discussion ensued regarding deeds and lot numbers for several lots in this particular area, and it appears that this is not a lot that is on the Bradford Tax Map, making the deed faulty. It was the decision of the Selectmen that the deeds should be dealt with by the individual property owners. In reply to a question by Charles Meany, Chair, Marcia Keller advised that rather than Mr. Martin going to court, the town could offer him the option of putting the Zoning Amendment before the voters next year. Millie Kittredge, Zoning Board advised Mr. Martin has signed a release of liability for emergency response as well as having acknowledgement from one of the specific abutters on the tax map, as there is a discrepancy between the tax map and the abutter. More conversation ensued with many questions.
Motion was made by Peter Fenton that an order for Cease and Desist by the Building Inspector for the Building Permit must be issued until the liability flaw in the deed has been straightened out, and the Zoning Board feels they are compliant with what they have required, and then the Building Permit can be issued. Seconded by Jack Meaney. Motion carried 3-0.
Accounts payable and payroll manifests were signed
Deposit Pool Transfer was signed
Mention was made of an update from Bob Wright regarding Road Race.
Members for the Employee wage and Benefit Committee are listed as:
Jane Johnsen, Kate Dobrowski, Susan Pehrson, Steve Lucier, Trudy Willett and Ed Shaunessy. Cheryl Behr, Administrator advised she did not volunteer to be on the committee, however would give any assistance they may require.
Annual PSNH Pole license for Flags received.
Mutual Aid agreement signed with Building and Highway included.
Letters for survey material and charitable trust exemption signed.
Appearances:
Jamie and Kimberly Fortune, Silver Hill Property, Map 9, Lot 40:
Kimberly Fortune presented a letter to the Selectmen regarding property on Silver Hill, Map 9, Lot 40 requesting a waiver of the 15% penalty for taxes. Charles Meany, Chair advised he would go along with a waiver but not to let this happen in the future. A check for taxes was presented.
Motion was made by Peter Fenton to waive the 15% penalty fees on taxes for Map 9, Lot 40. Seconded by Jack Meaney. Motion carried 3-0.
Marlene Freyler, July 4th Celebration mentioned the letter from Bob Wright for the Road Race. Marlene changed the fee for purchasing an 18 x 30 tent to $565.00. Looking for poles to put signs up regarding Fire Works. It was noted that PSNH advised signs cannot go over the road.
Preliminary estimates for two bridges received back from the State are – Second West Meadow Road at $330,000 and Breezy Hill at $690,000.
Trudy Willett advised information was received from Robert Manchester regarding a windmill. “I have contracted with Wind Energy Company to place a 45 foot tower and turbine at my residence, as outlined in HB 310 effective July 2009.” Charles Meany, Chair advised Mr. Manchester needs to provide the Selectmen with the specifications of the windmill, including: Noise level, what it spins at, how much electricity it generates, as well as how high it will be. When building permit application is submitted, setbacks will have to show where it is going to be on the property. This information will need to go to the abutters.
Motion made by Charles Meany, Chair to close the public meeting at 7:50pm and go into Non-Public meeting under RSA 91:A-3:11C. Motion seconded by Jack Meaney and carried 3-0.
Respectfully submitted
Marjorie R. Cilley
Secretary
Selectmen’s Non Public Meeting
Under RSA 91:A-3:11c
Present: Charles Meany, Chair, Peter Fenton, Jack Meaney, Cheryl Behr, Administrator and Marge Cilley Secretary.
Several personnel topics were discussed with no decisions made at this time.
Motion to adjourn at 8:30pm was made, seconded and carried 3-0.
Respectfully submitted
Marjorie R. Cilley
Secretary