Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 1989) online

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Article 27: To See what sums of money the town will vote to raise
and appropriate for the expense of the general government, for the
protection of persons and property, for health and sanitation, for
highways and bridges, for the support of the town poor and for all
necessary expenditures for the ensuing year.

Motion by Frederick Moulton, second by Elizabeth A. Thibodeau that
the operating Budget be passed at $4,673,099.

Amendment to article 2 7 by Clyde 0. Brown, second by Fred Chase to

cut the operating budget by 5%.

Amendment adopted.


Operating budget $4,439,444

Special articles $12,625,194

TOTAL BUDGET $17,064,638.

Article 28: To transact all other legal business that may come
before this meeting.

Motion by Frederick Moulton, second by Paul Kelley to adjourn this

meeting .

Motion passed. Meeting adjourned at 11:25 PM.


In review, 1989 was a year of unusual events for the
citizens of Seabrook and their local government.

In January, the tax rate for the previous year was
finally set and tax bills were issued. Though the tax rate
is normally set in the fall of the current budget year, the
1988 rate was delayed due to ongoing discussions with the
Joint Owners of Seabrook Station concerning the valuation
of the power plant.

The issuance of tax bills in January gave taxpayers the
first opportunity to review the new assessments placed on
property due to the revaluation. The revaluation,
originally started in late 1986/early 1987, was completed
in the fall of 1988. It reflected the effect the growth in
the real estate market in the 1980 's has had on the fair
market value of property in town.

The March Annual Town Meeting once again contained an
air of fiscal conservatism as voters cautiously approved
special projects and passed a motion to reduce the town's
operating budget by 5%. This was the second consecutive
year that voters passed a motion from the floor to reduce
the operating budget.

The voters at the annual meeting were also asked to
support the Selectmen in the payment of 12.5 million to the
Joint Owners of Seabrook Station. The appropriation, which
was transferred from the Sewer Capital Reserve Fund,
represented partial payment on a 35 million dollar judgment
against the town that was issued by Rockingham County
Superior Court in the fall of 1988. The appropriation
completed the final stipulation in the negotiated
agreement between the town and the Joint Owners which for
the first time in ten years eliminated costly litigation
over the taxable value of Seabrook Station.

Other action taken by voters at the annual meeting was
to amend the town's zoning ordinance creating a new zone 2R
and approving of a $20,000 appropriation to update the
town's Master Plan.

Through the spring and summer the Selectmen worked
closely with the Department of Public Works Building
Committee on the letting and awarding of contracts for the
new building. The DPW Committee, acting as the general
contractor, supervised the construction of the project and
assured its successful completion in the fall of 1989.

In June, the largest demonstration of the 1980 's was
held as protestors assembled outside the gates of Seabrook
Station to protest the issuance of a low level testing


license to the nuclear power plant. The demonstrations,
attended by thousands, tested the resources of the police
department and cost the town in excess of seventeen
thousand dollars.

The saga over the legality of the retail sale of
fireworks continued in the summer of '89 as the town went
back to court to argue its right to ban fireworks sales.
Meanwhile, local businesses prospered from the laws'

The court issued its first decision of 1989 on this
issue in September. This decision removed the towns right
to regulate sales and allowed fireworks dealers to operate
as usual. The court would later reverse its position but
that did not occur until long after the peak of the
fireworks season was over.

Labor negotiations were finally completed with town
personnel when in August the Supervisory Union made up of
department heads and supervisory employees executed their
first collective bargaining agreement with the town. This
was the last of four labor agreements negotiated in 1989 by
the Selectmen. Previously the Selectmen had signed two
year agreements with the Seabrook Police Association and
the Seabrook Employee's Association and a one year
agreement with the Seabrook Professional Firefighters

Legal costs continued to be significant for the
community as the town found itself litigating a wide range
of issues over the past year. The lawsuit initiated by the
Water Department against the owner of the Bartlett Gravel
Pit created high engineering costs, as well as legal costs,
as the town fought to protect its Route #107 well field.
These costs eventually forced the Water Department to
exceed its total operating budget.

The two most significant issues to be litigated in 1989
were the tax valuation cases on Seabrook Station. The New
Hampshire Supreme Court heard both cases in September. The
first case, the Town of Seabrook vs The New Hampshire
Department of Revenue Administration, was heard to
determine the equity of the state valuing utilities
separately from towns and cities. The Courts decision, if
found in favor of the town, would significantly alter the
method by which the town pays its apportionment of the
taxes for Rockingham County and the Winnacunnet School

The second case. Public Service Company of New
Hampshire vs the Town of Seabrook, was heard to determine
whether the town assessed the power plant correctly for the
years 1983-1986. The lower courts decision, if it is not


reversed in whole or in part (by the Supreme Court), could
require the town to pay a judgement in excess of 55 million
dollars to owners of the power plant.

The Supreme Court had not issued a decision on either
case at year's end.

The second major demonstration in 5 years occurred
again at the gates of the power plant in October. As in
June, this demonstration was expensive to taxpayers as
police costs exceeded twelve thousand dollars for this
demonstration and thirty thousand dollars for the year.

As the fall ended, the toll of the preceding events
created a fiscal crisis on the operating budget. Unable
to absorb the unfunded costs of the demonstrations and the
legal problems of the Water Department, the Selectmen
instituted a budget freeze. Departments were directed to
curtail all expenditures and to delay all non-essential
projects until 1990.

Even with these measures in place it became
increasingly evident as November closed that the total
operating budget would be exceeded. The Selectmen, acting
on advice from the Department of Revenue, made application
to the Budget Committee to over-expend the budget.

Though concerned with the events that brought the
Selectmen before the Budget Committee, after lengthy
discussions the Budget Committee approved the Selectmen's
initial application. Unfortunately, budgetary woes did not
improve and the Selectmen were forced to go back for a
second approval. This time the Committee did not support
the Selectmen's request which required payment of
liabilities without the Committee's approval.

We would like to take this opportunity to remind all
residents that your local government is here to serve you.
This Board and its departments solicit your input. It is
through your participation that we are able to formulate
policy for the direction of the government. We urge you to
become involved through volunteering in town functions or
meetings, or simply a friendly letter or phone call to the
Town Offices.

We thank you for allowing us to serve you.


James S. Eaton, Chairman
Asa H. Knowles, Jr.
Elizabeth A. Thibodeau, Clerk
Steven A. Clark, Administrative




At a regular meeting of the Board of Selectmen for the
Town of Seabrook, New Hampshire, held on June 21, 1989, the
following amendments to the Seabrook Parking Ordinance and
the Code of the Town of Seabrook were enacted. Said
amendments are hereby adopted pursuant to the power granted
in the Seabrook Home Rule Charter and the Revised Statutes
of the State of New Hampshire, as amended:

1. Amend section 249-17C by adding "and 249-21" after 249-
17A, to read as follows:

C. The provisions of 249-17A and 249-21 shall be
in effect from 1:00 a.m. on the Friday of
Memorial Day weekend to 12:00 midnight September

2. Amend section 249-18A by deleting the words "police
station" and replacing them with "town hall" so that the
section reads as follows:

A. All on-street parking at Seabrook Beach
listed in 249-17A will be by special permit only.
Permit cards for property owners at Seabrook
Beach may be obtained at the town hall. Permit
stickers for uptown Seabrook residents may be
obtained at the town hall.

3. Amend section 249-18B by adding the following sentence:
"Residency for the purpose of this article shall be defined
as any person registering his/her motor vehicle within the
Town of Seabrook and/or those persons on the official
Seabrook checklist. (Checklist meaning voter checklist.)"
so that the section reads as follows:

B. The Selectmen shall issue the permit
described in this section to any person who, upon
application for such permit demonstrates that
he/she is a resident of the Town of Seabrook, New
Hampshire. "Residency" for the purpose of this
article shall be defined as any person
registering his/her motor vehicle within the Town
of Seabrook and/or those persons on the official
Seabrook checklist. (Checklist meaning voter
checklist. )

4. Amend section 249-18 by adding section C, to read as
follows :

C. Permits issued under 249-18A and 249-18B
shall be located on the lower left corner of the
rear window. All permits shall be affixed to the
vehicle for which the permit was issued.

These amendments will become effective immediately
upon passage. 13 Board of Selectmen


At a regular meeting of the Board of Selectmen for the
Town of Seabrook, New Hampshire, held on October 25, 1989,
the following amendment to the Seabrook Parking Ordinance
and the Code of the Town of Seabrook was enacted. Said
amendment is hereby adopted pursuant to the power granted
in the Seabrook Home Rule Charter and the Revised Statutes
of the State of New Hampshire, as amended.

1. Amend Chapter 249, Section 24, by adding
the entire length of Cross Beach Road, north and
south, to the streets listed that have no parking
at all times.

Name of Street gi(3e

Cross Beach Road North/South Entire Length

This amendment will become effective immediately upon




At a regular meeting of the Board of Selectmen for the
Town of Seabrook, New Hampshire, held on June 21, 1989, the
following amendments to the Seabrook Waste Disposal
Ordinance and the Code of the Town of Seabrook were
enacted. Said amendments are hereby adopted pursuant to
the power granted in the Seabrook Home Rule Charter and the
Revised Statutes of the State of New Hampshire, as

1. Amend chapter 254 by deleting all references to the
word "license" and replacing it with the word "permit".

2. Amend section 254-2B by replacing the entire section
with the following sentence:

B. Permits shall be obtained from the office of
the selectmen and shall be issued to the owner of
the vehicle and a sticker shall be affixed to the
lower left corner of the rear window of the

3. Amend section 254-2C be deleting the entire section and
replacing it with the following:

C. One (1) permit may be issued for each vehicle
registered in Seabrook in the case of a resident.

4. Amend section 254-2D by deleting the date "August 1"
and replacing it with "May 1", so the section reads as
follows :

D. All permits shall expire on May 1 following
the date of issuance.

These amendments will become effective immediately
upon passage.



Welfare Officers Report

The annual report for the fiscal year 1989 is the first
year in which I have reported to you, the taxpayers and
citizens of Seabrook, in which there has been an overdraft
in the town's welfare budget. As of this writing it is in
excess of $ 7987.

Just as I predicted to you last year in my report,
there was a real good possibility of this occurring due to
factors beyond the control of the local officials - the
recodification of state statute RSA 165, the tight federal
and state fiscal restraints, and of course, the worsening
economy in the state of N.H. and the region in general,
which brings on a whole plethora of bad economic problems.
Housing and rental is the problem which plagues many
families, especially with rentals in town and in the area
averaging $650.00 per month, without utilities. Needless
to say, the preponderance of the town's budget went for

Again, there has been a recommendation for a change in
the general welfare laws; however, the consensus of the
professional welfare administrators is that the N.H.
Legislature in unlikely to change the law to lessen the
financial burden on the towns.

1990 may be even worse, economically, than 1989 and
nothing indicates that any better financial times are ahead
this year for low income people.

James C. Falconer
Welfare Officer



In March of 1989, I received a letter from N.H.
Department of Public Health informing me that Hampton
Harbor would be restricted from the taking of clams. This
was determined by a year long survey in 1988, that showed
high bacteriological levels in the river. While all towns
in the area are contributing to the problem, several of
Seabrooks streams and Seabrook Harbor had high levels of
bacteria. In May the Health Department took 16 water
samples from the harbor and all the streams entering the
marsh area. Several of the streams tested very high in
fecal coliform, indicating that sewage was being dumped
into these streams above the test locations. More tests
were taken in July and August and a survey of these streams
revealed four failed septic systems. These systems were
repaired, greatly reducing the bacteria count being dumped
into the river. The test at the pier at Seabrook Harbor in
May showed high bacteria in the water. I spoke with local
boat owners and party boat operators about the problem, and
all agreed to be careful not to dump their toilet waste in
the harbor. A test taken in August showed coliform
bacteria in the water at the pier.

If we are to enjoy the clamming, fishing and the beauty
of our harbor we must relize that in one way or another
pollution is everybodys' problem and everyone has to do
their share to correct it.

Restaurant and Take Out Stands

Inspected and Licensed
Stores and Markets Inspected & Licensed
Motels and Inns
Beauty Salons
Tattoo Studios
Sewage Related Complaints
Septic Permits issued and

Inspections made
Complaints of unsanitary living

Trash related complaints
Chemical and oil spills investigated
Miscellaneous health related complaints
Animal bites

Cases of reportable diseases
Day Care and Foster Homes inspected
Water samples taken and analyzed
Cease and desist orders given









{ All have complied and corrected the problem )

Robert S. Moore


The Street Light Committee checks the town street
lights at various times of the year as well as reviewing
applications for the installation of new lights. Our
biggest problem seems to be the number of lights that are
either out or malfunctioning. After each meeting when we
tour the streets of town, a report is sent to the Board of
Selectmen containing. At the beginning of the year we
recommended an additional light be installed on Whittier
Drive. We have also found and reported twenty-six lights
out and four malfunctioning ones. Even though a report on
our findings is sent to the Board of Selectmen and they ,
in turn, inform the electric company, there is no guarantee
when the replacements will be made. We have tried to serve
the town in an efficient manner and will continue to do so.

Respectfully submitted,

E. Albert Weare, Chairman



The development of a municipal sewer system progressed
slower than expected as two obstacles that surfaced in 1988
continued to plague the project in 1989. The problems were
1) a lengthier review process with federal regulators
because of continued opposition to the project and 2)
financial limitations associated with the town's largest

In late 1988 strong opposition to the project arose
from our neighbors to the south. Residents of Salisbury
Beach organized to oppose the placement of the Wastewater
Treatment Plant at Wright's Island and the placement of the
ocean outfall pipe. This group garnered support from their
congressional delegations who, in turn, demanded a tighter
review process by federal agencies involved in the project.
In response, the town undertook additional studies to
support its application to the Army Corp. of Engineers and
the Environmental Protection Agency. These studies
continued to support the town's position on the location
but at year's end no decision had been made on the town's

Financially, the project was delayed due to continuing
litigation concerning the tax value of Seabrook Station.
In September, 1988, Rockingham Superior Court issued a
decision on the tax case for the years 1983-1986. This
decision, which is on appeal to the New Hampshire Supreme
Court, awarded the Joint Owners a thirty five million
dollar refund for overpayment of taxes for those years.

Facing a potential fifty five million dollar judgement
if the tax year 1987 was to be included, the town , as a
part of a pre-judgement agreement, agreed to transfer 12.5
million dollars from the Sewer Capital Reserve to the Joint
Owners. The payment eliminated for the first time in ten
years litigation with the Joint Owners but also delayed
temporarily the first phase of the project.

As the Selectmen and the Pollution Control Committee
look forward to 1990 and beyond, we are hopeful that
significant advancement on the project will occur in the
near future. It is expected that hearings will be held in
the summer and fall before the Army Corp and the E.P.A. and
that the permit review process will be completed by the end
of 1990. With the completion of the review process and
the town being assured of the placement of facilities,
progress on construction could occur pending the Supreme
Courts' decision on the town's appeal.

Respectfully submitted,
Steven A. Clark,
Administrative Assistant



We have experienced a very busy year in the Police Department.
Arrests and reported crime has increased, due to the economy and
growth of the Town. The future does not appear to give us hope that
this will change. What concerns us, the members of the Police
Department, is the sharp increase in violent crimes especially
against juveniles. The Juvenile Officer and Detectives have been
especially busy investigating assaults both by and against
juveniles. The Drug Abuse Resistance Education program instituted in
the school has been well accepted by parents, teachers, and students.

We are in the process of computerizing the department's files and
calls. This is a slow process because lack of manpower prohibits us
from assigning an individual completely to this task. Although once
we are computerized it should give us a much better idea on various
tasks that we now perform and how to plan more efficiently to handle
these tasks.

This was a most disturbing year for us regarding the police budget.
For the first time in my career, the police budget was overexpended.
The over expenditures were, for the most part, not under my control,
nevertheless it has been a difficult year for all of us in the
Department .

I take this opportunity to thank the officers and other members of
the Police Department for a job well done in the year of 1989.
Without their dedication and hard work the residents of this
community would find life difficult if not impossible to cope with.

Thanks, also, to you the residents for your assistance in calling to
report suspicious persons and crimes that are happening. On quite a
few occasions you have called with information that has led to the
arrests and convictions of persons ccsnmitting crimes. We are looking
for this cooperation in the future for the safety of you and your

As in the past, i welcome your input into the workings of the Police
Department. One important concern we have is if you need an officer
for any reason, especially to report a crime, talk about a problem,
or assist in a funeral procession, please call.

Remember, it is your Police Department.

Respectfully submitted,

Paul J. Cconin
Chief of Police



Construction in 1989 has continued at about the same
rate as 1988. Increases in additions and remodeling have
added to the value of existing buildings while new
contruction has leveled off. Several large commercial
projects have been approved by the Planning Board and
several more are proposed for 1990.

This year with the help of Tom Morgan our Town Planner,
the Planning Board is proposing a much needed change in the
format of the zoning book. A chart showing the uses in
each zone will replace several confusing and contradictory
sections making it much easier to understand. This chart
will also allow for a second dwelling building on a lot in
Zone 2-R that was eliminated last year. A sign ordinance is
also proposed utilizing a chart to clarify the regulations.

Single Family Homes

Two Family Homes

Mobile Homes


Commercial Buildings

Industrial Buidlings

Residential Additions,
Remodeling and Re-

Commercial Additions
& Remodeling

Miscellaneous Permits









Total Permits

Total Est. Value $3,595,721

Robert S. Moore
Building Inspector


Building Inspectors Report

For the year 1989 a total of 38 building permits
were issued. These permits were issued for additions,
alterations, and re-construction projects. These permits
have been recorded with the Assessing Department of the
town and they have copies of them in their files.

Estimated construction costs for the 38 permits issued
totaled $648,685.


Louis Janos
Building Inspector
Seabrook Beach Village

Zoning Board of Adjustment

The Board of Adjustment this past year did not have as
many requests for variances as in previous years. We
actually had only eight cases; two of these were requests
for gravel pit license renewals. Except for one instance
on the Bartlett pit license, no appeals were taken to the
courts on any denials.

The Board of Adjustment has again this year been
attending law lectures at Philips Exeter Academy and at
special seminars on workshop cases in Epping,
N.H. conducted by the N.H. Office of State Planning in
which the members actually sat on cases which have been
tried in the N.H. Supreme Court.

As you may be aware, Zoning Board members must be
cognizant of all current laws on land use and the only
way to do this is by participating in the law classes.

Again, it is a pleasure to make this report to you,
the citizens of Seabrook.

James C. Falconer, Chairman
Board of Adjustment


Annual Report
The Seabrook Beach Village District held their annual
meeting on Tuesday, March 28, at 7 p.m. at the Warren
West Memorial Building on Route lA. Officers for the
1989-1990 term were elected as follows:

Ted Xavier Commissioner for a three year term

Emma Devaney Clerk for one year

Jack Lannon Treasurer for one year

Edward Maquire Moderator for one year

The Beach Commissioners meet on a regular basis on
the second Wednesday of each month.

The beach district experienced some changes over the
past year. Though for the second time a petition was
introduced at the uptown adjourned meeting to rescind the

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