Office of the Select Board
Town of Orange, New Hampshire
Minutes of March 27, 2018
Present: Dorothy Heinrichs, Chair; Robert Ells, Tamara Fairbank, and Sandi Pierson (clerical)
Others present: Billie Brockum, Terrence McQueeny, Bev Ells, Skip Smith, and Scott Sanborn.
Meeting opened at 6 PM. Attendance taken by the secretary.
Dorothy and Bob welcomed Tamara Fairbank as a newly-elected member to the Select Board.
Select Board appointees: After discussion the following Board positions were unanimously approved:
Select Board Chair: Dorothy Heinrichs
Select Board Vice Chair: Robert Ells
Planning Board ex officio: Robert Ells
Budget Committee ex officio: Tamara Fairbank
Zoning Board of Adjustment ex officio: Dorothy Heinrichs
Minutes: Bob and Dorothy approved the minutes of March 13, 2018. Tamara abstained because she was not on the Board at that time.
Building permit: The Board revisited the building permit for residential construction submitted by Billie Brockum and Terrence McQueeny (123 Tug Mountain Road/Map 3, Lot 13). The Board had tabled the permit on March 13 because a driveway permit for the property is not on file. The applicants maintain that the access they intend to use has been in existence and is “grandfathered” thus no driveway permit is needed.
Dorothy said the Board has explored the legal clarifications of “grandfathered” land use and shared a summary published by the New Hampshire Municipal Association titled “But, It’s Grandfathered: Six Common Myths about Nonconforming Uses.” Dorothy quoted an excerpt from the section on driveway regulations which read: “RSA 236:13 gives planning boards continuing jurisdiction over the adequacy and safety of every existing driveway, entrance, exit, and approach to a municipal highway whether or not the driveway ever received planning board approval.” She stated that the Orange Driveway Regulations delegate the authority to issue driveway permits to the road agent. She added that if an applicant is unsatisfied with the road agent’s assessment of what needs to be done to meet the driveway regulations, they may appeal to the planning board for a public hearing.
Terry McQueeny said he had a number of maps that show the access has existed for many years. He showed the board a 2005 driveway permit for the lot across the road (Map 3, Lot 25, also now owned by the applicants) which references their access by way of a notation from the road agent (then George White) that the driveway [on Lot 25] would not interfere with the “existing driveway across the road.”
Road Agent Scott Sanborn reiterated that he first met with the applicants upon their request regarding a driveway permit and outlined what needed to be done, especially regarding water run-off mitigation. When the Board tabled the building permit at the last meeting because of no driveway permit being on file, Scott said he emailed Billie Brockum to see if they wanted to suggest alternative driveway plans for him to review. Bob Ells suggested a site visit. Tamara asked if the current access meets the requirements of the driveway regulations. Scott stated that it does not. Terry said it did. A discussion ensued about the actual plan, including culvert size and lay of the land in regards to water run-off. Dorothy said that the Board’s function is to approve building permits, for which driveway permits are first required, and that driveway permits are the jurisdiction of the road agent and the planning board.
After a lengthy discussion, Billie asked if the Board was going to sign the building permit. Dorothy stated they would not sign the building permit without an approved driveway permit. Billie said they will bring the issue of the requirement of a driveway permit to the planning board.
Intent to Cut: The Board reviewed and signed an Intent to Cut application for Paul and Jacqueline Dick/616 Tuttle Hill Road/Map 3, Lot 13).
Intent to Excavate: The Board reviewed and signed an Intent to Excavate for Robert Senter d/b/a Razor Hill Construction for his gravel pit on Burnt Hill Road (Map 8, Lot 1-A)
Report of Excavated Material: The Board reviewed Robert Senter’s 2017-2018 Report of Excavated Material. The tax would total $56.00. Bob reiterated that the Board generally waives the tax because Mr. Senter stores gravel for the town at no cost and also will assist in an urgent road situation if it is in the area of his pit. After discussion, the Board unanimously voted to waive the gravel tax.
Cemetery Lot Buy-back Query: An email was received from Bill Roger explaining that his parents bought a cemetery lot in Orange for $20 in the mid-1970’s. He stated that both parents were instead interred at Oak Grove Cemetery in Enfield. So that the lot may be available for others, they asked if the town wanted to buy it back. After discussion, it was agreed that the original $20 payment would have now gained value to about $100. The Board unanimously concurred to offer to buy back the cemetery lot from the family at a cost of $100, with that expense coming out of the cemetery budget.
Treasurer reports: The Board reviewed the treasurer’s reports for January and February and the corresponding Select Board reconciliations. The reconciliations were accurate and Dorothy signed the reports.
MS-2: The Board reviewed and signed the MS-2 (Appropriations Actually Voted). This is a DRA form that itemizes all appropriations approved by the voters at town meeting.
Junkyard license: The Board reviewed and signed the annual auto junkyard license for Warren Morrill d/b/a Morrill Salvage.
Appointments:
Welfare Agent: Dorothy explained that as of this year, the Welfare Agent is now an appointed position instead of elected. The Board unanimously voted in favor of appointing Karen McFarlane as Welfare Agent. Karen held the position in 2017.
Upper Valley Lake Sunapee Regional Planning Commission (UVLSRPC): The Board unanimously voted in favor of appointing Judith Lindahl as the Orange representative to the UVLSRPC. Judith had been the representative in prior years and has agreed to accept the appointment for 2018.
Tax map and office record discrepancies: Scott provided information for a number of queries regarding the tax maps and assessing records.
The original subdivision plan affirms that Ron Goodearl’s property is a single lot. The assessing program incorrectly has it listed as two lots due to a road encroachment. Mr. Goodearl would like the town to remedy their records so he only receives one tax bill.
The tax map lists the Weeke’s Tug Mountain property as a single lot of 53.6 acres. Scott affirmed it is two separate lots of 34 acres (Map 3 Lot 21-A) and 19.6 acres (Map 3 Lot 21-B)
There is no assessment card for an irregular-shaped, six acre lot on the Class VI section of Tug Mountain Road that is identified on the tax map as being owned by the Gunn estate. Scott submitted documentation of deed recordations and other information pertaining to the lot.
Other:
The Board was in receipt of the DOT’s “Red List Bridge Report” for the state. Scott Sanborn said he already had a copy. The only Orange bridge on the list is on Brock Hill Road. A larger culvert is eventually planned which will remedy the situation.
An invoice was received from Gardner, Fulton and Waugh for various legal services. This is paid for out of the retainer.
Secretary’s report:
Sandi will prepare and mail out a revised Informational Directory. The Board agreed they will keep it on orange cardstock paper.
The 2017 MS-5 needs to be posted on the DRA web portal. (Financial Report of the Town). The auditor is getting some clarifications from the tax collector in order to finalize it. The Board members said they reviewed it and feel it is ready for DRA review.
Reports from other Boards and Committees:
Dorothy stated the Conservation Commission is meeting on May 29.
Public comment:
Terry McQueeny said he objects to not being notified of a hearing by the Planning Board for an abutting property that recently had an annexation approval.
Bills and vouchers were reviewed and signed.
Meeting adjourned 7:15 PM.
Respectfully submitted,
Sandi Pierson
_________________________ _______________________ ________________________
Dorothy Behlen Heinrichs Robert Ells Tamara Fairbank