Board of Selectmen Minutes
Holderness Select Board
Meeting Minutes
July 22 2019
Select Board Members Present: Jill White, Chair, Woodie Laverack, Vice Chair, Sam Brickley, Peter Francesco and Kelly Schwaner
Others Present: Town Administrator- Michael Capone, State Representative Sallie Fellows, Planning Board Chair, Bob Snelling and Zoning Board Chair, Bob Maloney.
Call to Order: The meeting was called to order at 5:00 PM in the first-floor conference room.
Payroll & Payables: Reviewed and discussed.
Consent Agenda Items and Correspondence Reviewed:
Pledge of Allegiance: At 5:31PM Ms. White led those present in the Pledge of Allegiance.
Approval and Signing of Payroll and Payable Checks: Mr. Francesco made a motion, with a second from Mr. Laverack to approve the payroll and accounts payable manifests and to issue checks accordingly. The motion passed by a vote of 5-0.
Approval of the Public Meeting Minutes of July 8, 2019: Mr. Francesco made a motion to approve the public meeting minutes of July 8, 2019, with a second from Mr. Brickley. The Board voted 5-0 in favor of the motion.
Consent Agenda/Signature File:
Special Event Application Map 218 Lot 003 and Map 241 Lot 005
Temporary Sign Request for Sandwich Fair
Auditors Engagement Letter
Use of PA-28 Form – State Notice
Mr. Francesco made a motion to approve the consent agenda, with a second from Ms. Schwaner. The Board voted 5-0 in favor of the motion.
New Business: Representative Fellows Visit – State Representative Sallie Fellows was present to visit with the Board and to take questions with regard to the most recent Legislative Session in Concord. Among the topics discussed were Senate Bill 306 which would establish a housing appeals board that would provide an alternate track for the appeal of local decisions on housing and housing development. The Board members expressed concern with adding another level of potential oversight to a process that appears to work well. There was some conversation with regard to the current status of the proposed budget vetoed by the Governor and the hearings scheduled to inform the public of the progress in developing a compromise. There was also some discussion with regard to tiny houses and wake boat regulation.
Representative Fellows left her contact information with those present and mentioned that they should feel free to contact her with any questions or concerns. The Board thanked Representative Fellows for taking the time to attend the meeting and for her service to the District.
Old Business: Parking Options – The Town Administrator reviewed the draft plans for possible parking options on the town lot behind the Post Office and the property at 832 US Route 3. The plans had been prepared by Mike Vignale of KV Partners. The first option at the Town Lot would expand the capacity by approximately ten vehicles up to 24 or 27 vehicles depending on the width of the spaces. The current lot would have to be rotated somewhat to fit on the existing Town lot and the existing rows extended towards the boundary line with the properties on Christian Lane. This would involve the removal of trees and some grading and gravel work. A second section of the lot could be developed along the same boundary line heading down toward the channel with the potential to expand the entire lot to accommodate 45 to 50 vehicles. This would involve the removal of more trees and some additional site work. Any of the work on this lot would require a Shoreland Permit from the New Hampshire Department of Environmental Services.
Two options were presented for the 832 US Route 3 property. The first has 24,000 sq. ft. set aside for a development lot and a 19-21 space parking lot behind it with entry and exit on Christian Lane. The second option has the entire lot devoted to parking with entry and exit on Christian Lane and a potential capacity of 63 to 71 cars. This parcel is presently privately owned and would need to be acquired by the Town, if available.
The Board reviewed the plans. Ms. White asked the Town Administrator if there had been any response from the property owner to our latest inquiry with regard to the lot. There had been no response.
The Town Administrator asked if the Board would like Mr. Vignale to develop estimates for the improvements proposed for the two parking options presented on the Town lot. There was general agreement that it would be helpful to develop those numbers.
Given that there had been no response from the owner at 832 US Route 3, the Board was of the opinion that it did not seem prudent to spend additional monies to develop estimates for that lot at this time.
Public Participation:
Planning Board Chair Bob Snelling and Zoning Board Chair, Bob Maloney were present for a discussion with regard to the process involved in the review of an application to have a solar array installed on a parcel owned by the Holderness School. The topic first came up at the Planning Board meeting on July 16th. At that meeting there was conversation between Mr. Vansant, representing the Holderness School, and the Planning Board with regard to what would be required in the way of Planning and Zoning review for the project to proceed.
During the subsequent discussion, Mr. Snelling indicated that the array was not an allowed use in the residential zone and would require a variance from the Zoning Board as well as a site plan review from the Planning Board. He had also indicated that he had spoken with Town Counsel with regard to this topic.
At one point during the discussion Mr. Snelling asked the Town Administrator for his thoughts on the matter. The Town Administrator mentioned that he was not entirely certain that the variance would be required because the use was not listed and there was no definition in the zoning ordinance or zoning guidelines that pertains to Solar Arrays. He stated that he was not entirely certain of this, but it was his recollection.
Subsequent to the meeting , the Town Administrator followed up with Town Counsel and through a series of emails came to the conclusion that, although Holderness used the permissive zoning standard, meaning that if something was not listed in the ordinance it was not permitted, the array would not need a variance because a case could be made for it being a structure and not a use. Also given that the array would be connected to the School power plant and unable to operate as a stand-alone unit, it could be considered an accessory structure to an allowed use despite the fact that it was on a separate lot.
Based on this information, the Town Administrator was suggesting to the Select Board that the applicant would not need to apply for a variance. He shared the information with Mr. Snelling and Mr. Maloney to be certain they were aware of what he planned to communicate to the Board. Mr. Snelling asked to attend the Board meeting tonight and Mr. Maloney was invited as well given that the discussion potentially involved both Planning and Zoning.
There was an extended conversation with regard to this matter. Mr. Snelling was of the opinion that the applicant would need site plan review as stated in the Site Plan Regulations because the structure was on a non-residential lot.
Mr. Brickley commented that this was more of a procedural matter than a substantive one. The request would need to be reviewed for compliance prior to any further action by the Planning Board. He also suggested that we should have a policy with regard to who can contact Town Counsel.
Mr. Snelling once again noted that he thought is should go to the Planning Board for site plan review.
Mr. Francesco commented that there were two issues to be considered. The first was with regard to what we had in the zoning ordinance with regard to solar panels and solar arrays. He felt that it was not sufficient to offer guidance and needed work.
He agreed that there should be a policy in place as to who could contact Town Counsel.
Mr. Snelling made it clear that based on his conversation with Counsel, the array would also require a variance.
Mr. Francesco questioned how you would need a variance when there is no guidance from the ordinance with regard to what is a use and what is a structure.
Mr. Snelling noted that the installation of the array could have some impact on the district.
Mr. Brickley commented that we need to provide a consistent message and not appear arbitrary in evaluating applications.
Ms. White commented that this conversation was premature since the application had not been reviewed by the compliance officer. She felt that their input should be the first step in the process and until such time as they have commented on the application there should be no further discussion on the matter.
Ms. White thanked Mr. Snelling and Mr. Maloney for attending the meeting.
Town Administrator’s Report to the Select Board
July 22, 2019
Meetings: None
1. I have attached, for your review, information with regard to the “residency “question that was discussed at our last meeting.
2. Kevin has had some conversation with other companies regarding the sidewalk paving under consideration by the board. It has been suggested that a more thorough rebuild of the sidewalks should be undertaken instead of just a thin top coat resurfacing. Kevin will revisit the pricing for the project if you are in agreement that it is the best way to proceed. The Board asked that Kevin revisit pricing for the project.
3. We have developed three new policies for inclusion in the latest revision of the personnel policy handbook currently being drafted. The policies are fundamental and deal with seat belt use, temporary alternate duty and slip, trip and fall prevention.
4. The topic of employee training was discussed at a recent department head meeting. Given that there is a good selection of online training available through Primex, we discussed a possible curriculum for all employees to take. Most online sessions are thirty minutes and time would be afforded in the employees work schedule to take some of the basic training courses. Among the offerings being considered are preventing unlawful workplace harassment, slip, trip and fall prevention, preventing injuries and improving workplace safety, back injury prevention and understanding sexual harassment. Other department specific training could be offered as well. We also plan to office CPR and basic first aid training to all employees.
5. A license renewal package has been forwarded to Royea’s Auto Salvage for their review and submission to the Board. Included are requirements for progress reports with regard to State of NH Best Management Practices compliance as well as Town of Holderness site compliance.
6. I am continuing my review of Planning, Zoning and permitting activity on the Pemigewassett Fish and Game club property. As mentioned previously, this review will take some time given all of the current activity within the office related to year end activity and other projects already underway. This information will be reviewed and developed as time permits. Town Counsel will be consulted for comment as necessary.
7. A notice of violation has been sent to the agent of the owner of the Pemi River Heights parcel located off Route 175. They are advertising the site online as a campground and charging $20/night for primitive camp sites. They have not obtained the necessary Zoning approvals nor have they been to the Planning Board for site plan. The notice contains a Cease and Desist order as well as the requirement that they obtain the necessary approvals to operate or face fines up to $275/day for each day they are in violation of Zoning.
8. Mr. Taylor has agreed to serve for another term as our Transportation Advisory Committee (TAC) representative. Per the Board’s vote at the last meeting, I have informed the Lakes Region Planning Commission of the reappointment.
9. We are scheduled to receive electricity bids on July 26th for the LRPC’s Electricity Group Purchase Program. As discussed, you will be able to accept or reject this bid. If you accept the bid, the expected contract execution date of July 29th follows close behind. We should discuss if you want to authorize me to execute a contract on the Towns behalf if the price savings is within an acceptable range. Mr. Brickley made a motion to authorize the Town Administrator to execute a contract on the Towns behalf should the terms be favorable. There was a second from Mr. Laverack. There was no discussion. The Board voted 5-0 in favor of the motion.
10. You will all be provided with the latest copy of “Knowing the Territory” for use in your capacity as a Select Board member.
11. The new Town Website remains under development. It is anticipated that a working copy will be available in a few weeks at which time Town Employees will work on further refinements prior to bringing the new site online for use by the general public. The new site will retain all of the content and functionality of the current site, but will contain some enhancements to accommodate multiple platforms.
12. Most of the financial activity for the 2018-2019 budget has been concluded. There may be a few stragglers in the next manifest. At that point a copy of our financials will be sent to the Auditors for them to begin their detailed work on the audit for the fiscal year ended June 30, 2019.
Board Member Reports: Ms. White mentioned that neither she nor Mr. Laverack would be available for the meeting scheduled for August 5. There was discussion with regard to whether to reschedule the meeting to a later date or conduct it with a limited agenda and three members present. That decision will be made later next week.
Mr. Francesco thanked the Town Administrator for taking the time to attend the Planning Board meeting on July 16th.
Non-Public Session: RSA 91A:3 (e)
At 7:05 PM, Mr. Brickley made a motion to go into non-public session under RSA 91A:3, II (e). The motion was seconded by Mr. Francesco. The motion was approved 5-0 by a roll call vote.
Ms. White -Yes, Mr. Laverack- Yes, Mr. Brickley – Yes, Mr. Francesco – Yes, Ms. Schwaner -Yes
At 7:20 PM, Mr. Francesco made a motion to come out of non-public session and to seal the minutes of the non-public session stating that to not seal them would render the non-public session ineffective. The motion was seconded by Ms. Schwaner. The motion was approved 5-0 by a roll call vote.
Ms. White -Yes, Mr. Laverack, Mr. Brickley – Yes, Mr. Francesco – Yes, Ms. Schwaner -Yes
With no further business to come before the Board, Mr. Francesco moved, with a second from Mr. Brickley, to adjourn the meeting at 7:27PM. The Board voted 5-0 in favor of adjournment.
Respectfully submitted,
Michael R. Capone
Town Administrator