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East Kingston (N.H.).

Annual reports of the Town of East Kingston, New Hampshire (Volume 2004) online

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East Kingston Warrant Articles

1. To choose all necessary Town Officers for the year ensuing.

2. Are you in favor of the adoption of Amendment No. 1 as proposed by the
Planning Board for the Town of East Kingston Zoning Ordinance as follows:



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2004 East Kingston Town Report - 2004 Town Meeting
>tAf£/VD ARTICLE XII - ELDERLY HOUSING by the following:

a. INSERTn&N subparagraph after subparagraph 1 of
paragraph B. General Standards, and renumber remaining
paragraphs sequentially. New subparagraph to read:

"2. No elderly housing unit(s) are to be built on land
encompassed by the development within 200 feet of any
development entrance as measured from the originally existing
public or private road. The land precluded from any construction by
virtue of this provision may be included, assuming it is otherwise
eligible, in the development calculations for the required common
land/open space. Two planning goals are thereby satisfied, i.e. 1)
higher residential density offset by using common land /open space,
and 2) privacy enhanced and traffic noise pollution abated in the
neighborhood from adjacent highways. "

b. INSERTdlt the end of the original subparagraph 2 of
paragraph B. General Standards the following sentence:

"This provision shall be reviewed annually by the Planning
Board to ascertain whether the balance between the number of
standard residential dwelling units and elderly housing units
continues to reflect the stated goals of the East Kingston Master
Plan and the community's long-term planning intentions. "

c. CHANGEth^ original subparagraph 3 of paragraph

B. General Standards which reads in part "The maximum allowable
number of bedrooms allowed on a site is four bedrooms per acre of
contiguous upland, and shall be calculated as follows:..." to read:

"J. The maximum allowable number of units allowed on a
site is two (2) per acre of contiguous upland, and shall be calculated
as follows:..."

( Editorial note - The subsequent provisions of a), b), and c) remain un-
changed.)

d. INSERTn&N subparagraph after the original subparagraph
3 of paragraph B. General Standards, and renumber remaining
paragraphs sequentially. New subparagraph to read:



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2004 East Kingston Town Report - 2004 Town Meeting

"4. All elderly housing units are to be constructed only as
single or duplex buildings. "



e. DELETE from the original subparagraph 4 of paragraph B.
General Standards which begins ''Dwelling units shall be specifically
designed to provide housing for elderly residents..." only the
sentence which reads:

"No building shall exceed 10,000 square feet in footprint "

f. INSERTxi&H subparagraph after the original subparagraph
4 of paragraph B. General Standards, and renumber remaining
paragraphs sequentially. New subparagraph to read:

"5. Elderly housing developments shall include a non-
residential structure dedicated to use as a development community
center. Any such building shall provide for space to hold activities
such as periodically required homeowner association meetings, and
formal and informal community functions. No building in the
development shall be of more than two stories in height nor shall it
exceed 10,000 square feet in footprint "

g. AMEND the original subparagraph 10 of paragraph
B. General Standards to read: "All such elderly housing
development shall make provision for pedestrian access within the
development byu^ of paved sidewalks, and to the extent possible,
to off-site community facilities. "

h. >1M£/VP subparagraph 3 of paragraph C. Common
Land /Open Space to read: "'Access to open space/common land.
Such common land shall have suitable access to a road within the
development by use of a network of cleared and demarcated
walking paths."

( Planning Board comment - These changes are the result of experience
with four elderly housing development applications, and are intended to
focus the ordinance more clearly on preserving the Town's rural character
and open space, and providing for an annual review of impacts the ordinance
may have on the Town's abilities to provide municipal services.)

YES 339* NO 86



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2004 East Kingston Town Report - 2004 Town Meeting

3. Are you in favor of the adoption of Amendment No. 2 as proposed by the
Planning Board for the Town of East Kingston Zoning Ordinance as follows:

>1/tf£yVP ARTICLE II - DEFINITIONS by ADDING the following
sentence to the paragraph entitled ''FRONTAGE":

Newly created frontage does not affect preexisting setbacics.

( Planning Board comment - The Board acknowledges the dilemma of
properties on road intersections. In those instances where development
creates new frontage on a preexisting lot with a house, the lofs original
setbacks should not be affected.)

AND

AfiiEND fiiRTlClE II - DEFINITIONS by adding a new
paragraph after that entitled '' STREET ":

UNIT : A structure, or part of a structure, intended to house a
family group or similar body.

( Planning Board comment - Whereas "unit" is used in several instances
throughout the ordinances, there has heretofore not been a clear definition
for it in land use applications.)

YES 324* NO 89

4. Are you in favor of the adoption of Amendment No. 3 as proposed by the
Planning Board for the Town of East Kingston Zoning Ordinance as follows:

>l/i/f/l/£> ARTICLE IX - LOT AREA AND YARD REQUIREMENTS
Paragraph D. to read:

A building lot shall have no more than one single family residence
or one manufactured housing unit thereon. Multi-unit dwellings
are prohibited except as provided in Section G. below.

( Planning Board comment - The Board has understood the intention of the para-
graph to be to apply to residential lots, rather than to commercial or indus-
trial lots.)

YES 315* NO 102



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2004 East Kingston Town Report - 2004 Town Meeting

5. Are you in favor of the adoption of Amendment No. 4 as proposed by the
Planning Board for the Town of East Kingston Zoning Ordinance as follows:

AMEND KRUCLE XII - ELDERLY HOUSING Paragraph B.4. by deleting
the last sentence. INSERT a new sentence at the end of the
paragraph to read:



No individual unit siiall exceed a total of 1,500 square feet of living space.

( Planning Board comment- The Board's original intent when crafting this
ordinance was to accommodate those who wanted to downsize from larger
houses and active life styles, benefiting from the consequent reduction in
upkeep. Misuse of the term "square feet in footprint" arose when applied to
total living space.)

AND

AMEND kRllCLE XII - ELDERLY HOUSING Paragraph G. first
sentence to read:

G. The following terms shall have the following meanings for
the purpose of interpreting these Elderly Housing Regulations
ordinance provisions:

( Planning Board comment - An editorial correction.)
AND

AMEND MCaO.^ XII - ELDERLY HOUSING Paragraph G. by
INSERTING new subparagraph G.3. to read:

Unit: A structure, or part of a structure, in the elderly housing
development intended to house a family group or similar body, all
members of whom are at least 55 years of age, and for which there
is a single and separate deed.

( Planning Board comment - As advised by counsel, a clear definition of
the term as used in this ordinance distinguishes it from the same word as
used in other ordinances.)

YES 339* NO 99



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2004 East Kinostpn Town Report - 2004 Town Meeting

6. Are you in favor of the adoption of Amendment No. 5 as proposed by the
Planning Board for the Town of East Kingston Zoning Ordinance as follows:

AMEND MfJlCL^ XIII - GROWTH CONTROL by DELETING Paragraph D.
Allocation of Permits 9. and INSERTING new Paragraph D.9. to
read:

In the event that fewer than the annua/ty aWocated permits are issued,
notwithstanding the percentage limitations above, the unused
permits may be distributed. Initially^ they shall be distributed, one
each, to applicants who submit complete applications during
normal Town Office hours, and before the end of the current year.
Distribution of permits shall continue until either all unused permits
for the year have been exhausted, or the conclusion of the current
yean

( Planning Board comment - Clarity is sought to express the Board's intended
effect that unused residential building permits shall expire at the end of the
year.)

AND

>iyif£yV£) ARTICLE XIII - GROWTH CONTROL Paragraph E.
Sunset Clause by INSERTING a new paragraph at the end to read:

By virtue of the Planning Board's annual review for the continued
utility of this ordinance, and the consequent adjustment of residential
building permits to be made available in the new year, any unused permits at
the end of a calendar year shall expire. After 1 January, only permits for the
current (new) year shall be issued.

( Planning Board comment - Important factors of the annual review and
adjustment of the number of annual building permits are expressly de-
scribed.)

YES 323* NO 88



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2004 East Kingston Town Report - 2004 Town Meeting

7. Are you in favor of the adoption of Amendment No. 6 as proposed by the
Planning Board for the Town of East Kingston Zoning Ordinance as follows:

AMEND Building Code 1. We Section 100.1 by DELETING the
existing language and replacing it with the following:

l. Titie Section 100.1

Any construction, alteration, repair, renovation or
maintenance of a building or structure shall comply with the
provisions as follows:

The New Hampshire State building code as defined in NH RSA 155-A:1, IV.,
which includes the International Building Code 2000, the International
Plumbing Code 2000, the International Mechanical Code 2000, the
International Energy Conservation Code 2000, as published by the
International Code Council, and the National Electric Code 2002; with respect
to each of the foregoing, as amended from time to time.

The International Residential Building Code, 2003 Edition, and as amended:
The enforcement mechanism for the State building code shall be that which
is already in place for the enforcement of the Town Building Code, with
the Building Inspector administering and enforcing same. The Zoning
Board of Adjustment shall act as the Building Code Board of Appeals.

( Planning Board comment - The present BOCA code revision provision does not
guarantee the ordinance's currency with applicable codes, and BOCA differs
in particulars from New Hampshire's statutorily accepted standards.)

YES 302* NO 97

8. Are you in favor of the adoption of Amendment No. 7 as proposed by the
citizens petition of Margaret Caulk and 46 other registered voters of the
Town of East Kingston for the Town of East Kingston Zoning Ordinance as
follows:

Petition a revision to Article XII, B.2 to read as follows: The total num-
ter of elderly housing units contained in any elderly housing devel-
opment in the Town of East Kingston shall not exce^ four percent
of the total number of standard residential dwelling units then ex-
isting in the Town of East Kingston. (The number of existing elderly
housing dwelling units shall not be included in calculating this four
percent). The total number of elderly housing



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2004 East Kinoston Town Report - 2004 Town Meeting

developments shall not exceed two per calendar year. The total num-
ber of elderly housing units shall not exceed fifty percent of the to-
tal number of standard residential dwelling units existing in the
Town of East Kingston.

(The Planning Board does NOT recommend approval of this article. A provision
in this article contravenes New Hampshire statute, and is, therefore, unen-
forceable.)

YES 251* NO 174



The Moderator, Robert B. Donovan, announced that the business meeting was
called to order at 7:26 PM.

9. To see if the Town will vote to raise and appropriate the sum of one

million three hundred forty thousand dollars ($1,340,000.00) less estimated
revenues to defray Town Charges for the ensuing year.

Motion made by: Raymond Donald
Seconded: Marie Robie

Discussion: Gary Ingham made a motion to amend the budget by adding an
additional $30,000 to be applied to the police department salary account:

$15,000 to the Chief of Police and $15,000 to be divided equally to the full

time police officers.
Motion to Amend Seconded by: David Sullivan

Discussion on the Amendment: Gary Ingham said his police officers in
Amesbury, MA make more than the Chief of Police in East Kingston.

Raymond Donald said he did not disagree with the evaluation of the police
department and the floor should be aware that there are now three full time
police officers which up until recently there was only one. He also mentioned
there are now three police cruisers.

Raymond Donald said the Chief was hired on a negotiated agreement and that
there is another year to go under the agreement, which establishes the pay
scale for the next year.



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2004 East Kinastpn Town Report - 2004 Town Meeting

He said the other police officers are controlled by an EB&C employee benefit and
compensation package that is voted on every year, upgraded, and
maintained through the Selectmen's office. He said it was a bit unusual to
award pay raises from the floor. He said that they do not compare the pay
scale in East Kingston to Amesbury, MA. He said that they try to bring some
parity with the pay scale in East Kingston with the surrounding towns in New
Hampshire.

Molly Allen asked what the current salaries are?

Raymond Donald said that the Chief of Police is receiving $48,000 and that he
didn't have the hourly rate of the other officers in front of him.

John Burton found it very difficult to make a decision on this based on a short
presentation. He suggested that money be appropriated to have a study
done comparing officer salaries in East Kingston to the salaries of comparable
towns in southern New Hampshire.

Raymond Donald said that it didn't cost any money to do this comparison. The
Selectmen's office calls the surrounding towns and they compare the num-
bers that the other towns pay and that is how they decided the offering sal-
ary for our new chief.

Daniel Guilmette said that he didn't think, procedurally, this was the right way
of doing this. He said there is a process and place and this was not the time
to do that.

Motfon made to vote by ballot: Curt:is Jacques
Seconded: Not seconded
Motion to amend did not carry.

The Moderator referred back to the original motion.
Discussion: None

Voted: Passed



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2004 East Kingston Town Report - 2004 Town Meeting

10. To see if the Town will vote to accept the report of the Salary Review
Committee and approve the following recommendations:



Supervisor of the Checklist



Moderator

Election Officers
Inspectors of elections
Town Clerk

Bookkeeper of the Trust Funds

Treasurer



$100 per election (1)
$100 per purge of the
checklist (2)

$100 per election (1)

$5.50 per hour (1)



$350 per year - no fees

$1200 per year
$400 - expenses (3)



First Selectmen



Second & Third Selectmen



Town Clerk / Tax Collector



$1900 per year - no fees

$450 - expenses (3)

$1600 per year - no fees
$450 - expenses (3)

$22,000 per year - no fees
No routine expenses (3) (4)



Election pay includes any associated meeting until adjournment

thereof.
Supervisors of the checklist shall be paid $5.50 per hour for hours
outside of election meeting hours such as hours for registration and

checklist verification with the exception of a required purge of the

checklist
Expenses are for routine expenses such as mileage and phone calls.

Other special expenses fbr which the positran may be compensated

shall be pre-approved by the Board of Selectmen.
Salary is based on the Town Clerk / Tax Collector's participation in a

minimum of 22 public ofTice hours per week including two evening

sessions of two hours each. These total hours shall include two

weeks paid vacation per year.



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20Q4 East Kingston Town Report - 2004 Town Meeting

The following provisions shall also apply:

All salaries are retroactive to January 1, 2004.
The Town shall retain all fees collected by any elected official.
Auditors shall not be elected so long as the Selectmen hire
Auditors associated with a firm registered with the State of NH to
audit the books of the Town annually.

Wherever $5.50 per hour is recommended, this amount shall be
increased by any increase in the U.S. Minimum Wage at the time the
Minimum Wage is increased.

A Salary Review Committee shall be appointed by the
Moderator in 2006 to bring recommendations to the 2007
Annual Meeting of the Town.

Motion made by: John Fillio
Seconded: Curtis Jacques
Discussion: None

Voted: Passed

11. To see if tiie Town will vote to accept the provisions of RSA 41:14-a in
accordance with RSA 41:14-c, providing that any town at annual meeting may

adopt an article authorizing indefinitely, until specific rescission of such
authority, the Selectmen shall have the authority to acquire or sell land,
buildings, or both; provided, however, they shall first submit any such proposed
acquisition or sale to the Planning Board and to the Conservation Commission for
review and recommendation by those bodies, where a board or commission or
both, exist.

Motion made by: Matthew Dworman

Seconded: Ronald Morales

Discussion: Molly Allen asked for the history behind this article.

Raymond Donald said that there really wasn't much history on it. He said it
is a recent RSA change. It allows Selectmen to buy or sell land and/or build-
ings without further discussion.

Voted: Passed

12. To see if the Town will vote to raise and appropriate the sum of sixty five
thousand dollars ($65,000.00) for the purpose of removing and replacing a
cistern located at 59 Giles Road, East Kingston.

Motion made by: Raymond Donald
Seconded: Sandra Champagne



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2004 East Kinqstpn Town Report - 2004 Town Meeting

Discussion: Kory Sl^alecki aslced if any consideration had been given to fix the
existing tank in the ground.

Alan, Mazur, Fire Chief, was recognized and he said it is less money to replace.

Kory Skalecki asked what the gallonage was of the replacement tank and Alan
Mazur said 30,000 gallons. Kory Skalecki said a 10,000-gallon tank was still
plenty.

Carl Richter said that the minimal gallons on cisterns are 30,000 gallons.

Robert Marston asked why it is the responsibility of the town rather than the
developer.

Raymond Donald said that the tank is broken and that there are no provisions
anywhere that holds the developer responsible. The developer does not own
the property where the tank is located. He said that it was decided if we
were going to replace it, it should be with an updated 30,000-gallon tank to
meet existing standards that we have here in town.

Curtis Jacques asked how long the tank has been there and the response was
10 years.

Alan Mazur said the tank was operating for 4 years before it failed.

Voted by hand: 61 Yes
No

Motion made by Curtis Jacques to have a recount.
Seconded: Ronald Morales
Voted on all those in favor of recount: Passed
Recount vote by hand: 76 Yes
67 No

Voted: Passed

13. To see if the Town will vote to raise and appropriate the sum of sixty
thousand dollars ($60,000.00) to be added to the Fire Apparatus Capital
Reserve Fund established at the 1999 Town Meeting.

Motion made by: John RIlio

Seconded: Raymond Donald



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2004 East Kingston Town Report - 2004 Town Meeting

Discussion: William Diprofio asked what is in the fund now.
Alan Mazur said there is presently $82,000.

William Diprofio asked what the next piece of equipment would be and Alan
Mazur said the ambulance would be replaced next year.

Voted: Passed

14. To see if the Town will vote to raise and appropriate the sum of one
hundred sixty thousand dollars ($160,000.00) for the purpose of purchasing
land and buildings located at 47 Maplevale Road, East Kingston, NH, know as
Map, Block & Lot #09-07-13, and the costs and expenses reasonably related
thereto, upon terms and conditions determined by the Board of Selectmen;
for the purpose of erecting a Public Library Building for the Town of East
Kingston.

Motion made by: Matthew Dworman

Seconded: Susan Bigbie

Discussion: Peggy Paris asked how big the property was and she was informed
it was two acres at $160,000.

Matthew Dworman said the average rate for a two acre lot in East Kingston
right now is between $170,000-$190,000 for a building lot.



Vytautas encouraged the voters to accept this land, as it is centrally located in
town. He said they couldn't get a better location.

Daniel Guilmette said this was a very emotional issue. He said, at some point,
public safety was going to become more and more important as we continue
to grow. He said it was a very critical decision we are going to have to make
it terms of public safety (police/fire) or library.

Donna Davis said it was bad timing to put a library up because of the increase
in amount of taxes we had to pay this past year.

John Burton said that having to make a decision between public safety and the
library is ridiculous. He said that the library was ridiculously crammed. He
said that a good library is important.

William Diprofio asked if there is town land where we could build a library.



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2004 East Kingston Town Report - 2004 Town Meeting

Ronald Morales noted that the developer had donated land to the church for a
parking lot and asked if the developer was approached to donate land for the
library as well.

Raymond Donald said that the Trustees of the Library attempted to negotiate
with the owner of the property and the best offer that they could get was
$160,000. The owner agreed to hold the property until town meeting took
place.

Raymond Donald said there are other parcels of land in town; however, where
they are located do not lend themselves very well for a library. The
$160,000 would be about .80 on your tax rate and there was a library needs
assessment done after last town meeting, and it did mandate that the town
does need Improved facilities. Raymond Donald said we missed it when we
didn't buy the farm in back of the fire department. He said that if this were
not approved tonight, the property would be sold shortly.

Sandra Champagne asked if the lot would be accessed from the new road and
she was told that yes, it would be.

Molly Allen asked if the town available land was wetlands. There are wetlands in
all of the town owned land.

Joan Kasinskas said that at last year's town meeting people were asked if they
would donate land and there were no responses. She said that the only suit-
able land is the one we are talking about. She said that the library adds to a
town.

Peter Datillo questioned whether there was town owned land available or not?

Lawrence Smith said that the only suitable town owned land is over on Pheasant
Run, 5 acres, that was given to the town by the developer. Only one-third of
that land is suitable. The rest of it is wet. He said that other than that land
just mentioned, that there is nothing suitable for the library.

Gail Anderson asked if the "Cole House" by the elementary school was big
enough for a library.

David Miller, School Board Member, said that the "Cole House" is the property of
the school and that it is not large enough for any structure.



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2004 East Kingston Town Report - 2004 Town Meeting

Richard Poelaeil:, School Board Member, spoke and said that it is on 3 acres and
that it doesn't have a septic system and is hardly adequate.

Donald Clark spoke of when he was on the board when the location of the post
office was being looked into

. The Selectmen looked at all the land owned by the town and found all the land
to be very poor. Mel Bowley offered to build the post office almost into Newton
and that is how it ended up there.

Conrad Moses spoke of this land as being the best land the trustees could find. He
said that the library would be set back indefinitely if something isn't done. A
library needs assessment evaluation was done last year. "We want the library
to grow with the needs of the town. The library is one of the only services
available in town."



Motion to move the question: Ed Decatur, III
Seconded: Matthew Blunt

Voted to Move question: Passed

Voted: Passed

15. To see if the Town of East Kingston will vote to raise and appropriate the sum
of fifty thousand dollars ($50,000.00) to be placed in the Library Capital
Reserve Fund established at the 1997 Town Meeting.

Motion made by: Raymond Donald

Seconded: Gail Donald

Discussion: Kevin Fitzgibbon asked how much money is in the Capital Reserve
Fund and was informed that there is currently $36,355.03.


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