Town of Groton

Selectmen’s Meeting Minutes

September 2, 2008

7:00pm

In Attendance:  Michael Brogna, Michelle Clark, Pamela Hamel (Administrative Assistant)

Audience Members Present

Mike called the meeting to order at 7:05pm and read the appointments, announcements and minutes of August 26 to the audience. Michelle made a motion to approve the minutes as written, Mike 2^nd, all in favor, so voted.

Mike gave an update on the vacant selectman’s position. The Board conducted interviews on Thursday. During a work session Sunday afternoon, they reviewed their notes and both agreed that they would like to appoint Miles Sinclair to the office of selectmen. Since Mr. Sinclair is currently the moderator and the primary election is on the ninth, they would like the appointment to be effective September 10. Michelle made a motion to appoint Miles Sinclair as Selectmen, effective September 10, 2008, Mike 2^nd, all in favor, so voted.

Mike made a motion to give Buddy and Bonnie Lane permission to replace some planks on the 1^st bridge on Nedeau Lane, Michelle 2^nd, all in favor, so voted. Before making this motion Mike asked if there were any members of the audience who objected as he recognized that there could be a possible conflict of interest since Selectperson Clark is related to the Lanes. He did not see a problem asking her to vote in this particular situation as there are only 2 Board members at this time. There were no objections from the audience.

Mike made a motion to sign the response letter to Shirley Leone concerning the damaged culvert on Province Road, Michelle 2^nd, all in favor, so voted.

Mike announced that the selectmen’s office would be closing at 2:00pm on Thursday.

Mike made a motion to table the Bill Jolly/Orange Road agenda item as Mr. Jolly was not present at the meeting, Michelle 2^nd, all in favor, so voted. It is Mr. Jolly who requested to be on the agenda.

Mike made a motion to sign the septic design for Kelly, Map 1 Lot 40, Michelle 2^nd, all in favor, so voted.

Mike made a motion to sign the Matthews building permit for a 24x28 garage, Michelle 2^nd, all in favor, so voted.

Michelle will be meeting with USGS on Wednesday, September 10 at 9:00am to look over the site for the gaging system.

Michelle said they will need to reconsider their timeline for hiring a Police Chief as Chief White has requested that the Board give him a firm date. This will be discussed at a work session on Thursday.

Larry Pilvelis asked the Board if he would need a permit to pave his driveway. He then explained that he had already had it paved but was concerned that he might have violated an ordinance. The Board explained that no permit was needed to do paving on an existing driveway, however they do recommend that the Road Agent be asked to evaluate these jobs beforehand to make sure the paving will not in anyway obstruct the flow of water or hinder winter road maintenance. The Board will be asking Glen Hansen to check this paving job as Mr. Pilvelis has had several water problems where his driveway meets North Groton Road. They want to make sure a culvert isn’t needed.

Marina Chase asked for clarification about something she had heard concerning the adoption of the Town’s zoning ordinance in 2007. Selectperson Clark explained that when the warrant for 2007 was printed, the adoption of the zoning ordinance was not on it. It was a ballot question that was voted on at the polls just as Town officers are voted on. Normally, all ballot questions would also appear on the warrant even though they are not voted on during the actual meeting. This is a legal technicality. The Board has been in contact with the Town’s attorney and is moving forward with the recommendation that the town has a legal zoning ordinance that was adopted in 2007. There is a possibility that this could be challenged in court. These are the reasons why the attorney believes a judge would uphold the ordinance:

• Placing it on the warrant informs voters that it is being voted on.
• Entire town was on notice as this zoning ordinance was spurred on by controversy
• Special town meeting was held the previous year and interim adopted.
• Public meetings were held
• Planning Board held its required public hearing prior to proposing ordinance
• Ordinance was on file with Town Clerk 5 Tuesdays before town meeting
• Question was on the ballot
• Zoning Ordinance was posted with the warrant and ballots

At this time and based upon the recommendation of the Town’s attorney and the fact that the people voted for this ordinance, the Board’s stand is that the Town has a legal zoning ordinance. The attorney has recommended that on the 2009 warrant there is an article to ratify the zoning ordinance.

Mike made a motion to adjourn the meeting at 7:53pm, Michelle 2^nd, all in favor, so voted.

Respectfully submitted,

Pamela Hamel

Administrative Assistant