Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 1991) online

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SECTION XIX. Separability.

If any section, subsection, or clause of this ordinance shall be
deemed to be unconstitutional or otherwise invalid, the validity of the
remaining sections, subsections, and clauses shall not be affected
thereby.

SECTION XX. Conflicting Ordinances Repealed.

All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.

SECTION XXI Effective Date.

This ordinance shall be enforced from and after April 1, 1991.

(Not Recommended by the Planning Board)
(On the Official Ballot)

YES 712 NO 888

Article 6: Are you in favor of the adoption of amendment number 6
as proposed by the Planning Board for the Town Zoning Ordinance as
follows:

5. To cunend Article 253-5 of the zoning ordinance and the
official zoning map of the Town of Seabrook by designating that
portion of Zone 2R which is situated East of the Blackwater River,
abutting Route 286, as Zone 2.

(Recommended by the Planning Board)
(On the Official Ballot)

YES 750 NO 606

Article 7: Are you in favor of the adoption of amendment number 7
as proposed by the Planning Board for the Town Zoning Ordinance as
follows:

7. To amend Section 263-66 of the zoning ordinance to
include the following:

POND & STREAM ORDINANCE: No structure or building may be
constructed within fifty feet of the high water mark of any pond
or stream.

(Recommended by the Planning Board)
(On the Official Ballot)

YES 969 NO 465

Article 8: On petition of Vernon G. Dow and twenty-six (26) other
legal voters of the town: To see if the town will vote to change the
term of office of the road agent from the present one (1) year term to a
three (3) year term.

(On the Official Ballot)

YES 834 NO 729



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ADJOURNED TOWN MEETING
MARCH 12, 1991

Meeting called to order by Moderator, Charles H. Felch, Sr., at 7:17 PM.
Introduction of head ta±)le.

Salute to flag led by Frederick Moulton Jr.

Announcements by Moderator: all non-voters please sit on left hand side
of hall.

State law on smoking in a public building enforced. RSA 155:45.

Only one amendment on floor at a time, with all amendments in writing
with signature of sponsor.

Sponsor of article will be called on first to explain article-
Motion by Charles A. Polito Jr. second by Bruce G. Brown that there will
be no reconsideration of any article except if asked for before going to
next article. MOTION ADOPTED

Article 9: To see if the town will vote to raise and appropriate
the sum of Twenty-eight Million ($28,000,000.00) Dollars for the purpose
of engineering, construction, land acquisition and studies associated
with the ongoing plans for the construction of municipal sewers and
pumping stations, wastewater treatment facilities, road reconstruction,
drainage improvements and appurtenances related thereto, and for the
funding of eminent domain procedures as necessary for land takings, and
to authorize that Twenty-eight Million ($28,000,000.00) Dollars of such
sum to be raised through the issuance of bonds or notes under and in
compliance with the Municipal Finance Act, RSA 33:1 et sec , as amended;
to authorize the selectmen to invest said monies and to use the earnings
thereon for said project; to authorize the selectmen to apply for,
obtain and accept federal, state or other aid, if any, which may be
available for said project and to comply with all laws applicable to
said project; to authorize the selectmen to issue, negotiate, sell and
deliver said bonds and notes and to determine the rate of interest
thereon and the maturity and other terms thereof; and to authorize the
selectmen to take any other action or to pass any other vote relative
thereto.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr. to adopt
Article 9 as read.

For this article the check-list and yes and no ballots will be used.
The polls will be open for at least 1 hour and must have a two-thirds
vote. Polls open 8:53 PM closed 9:53 PM.

VOTES CAST 273
YES 215 NO 58

Axrticle 10: To see if the town will vote to raise and appropriate
the sum of Nine Million ($9,000,000.00) Dollars for the purpose of
engineering, construction, land acquisition and studies associated with
the ongoing plans for the construction of municipal sewers and pumping
stations, road reconstruction, drainage improvements and appurtenances
related thereto, and for the funding of eminent domain procedures as
necessary for land takings, and to appoint the selectmen as agents for
the town for the purposes of expending said funds.

(Recommended by the Budget Committee)



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Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr., to adopt

Article 10 as read.

Motion by William Eastman, second by Donna Smith to table Article 10

until 10:15 when voting on Article 9 has been completed.

Motion adopted.

Airticle 11: On petition of Jerry W. Brown and forty-three (43)
other legal voters of the town: To see if the town will vote to change
the term of office of the fire chief from the present one (1) year term
to a three (3) year term; to begin at the time of the March 1992 town
election.

Motion by Jerry W. Brown, second by Elizabeth A. Thibodeau, to adopt
Article 11 as read.
ARTICLE 11 ADOPTED AS READ.

Article 12: To see if the town will vote to adopt and ratify the
following amendments to the parking and speed limit ordinances as
printed in the annual town report:

Amendment to Parking Ordinance June 27, 1990
Amendment to Speed Limit Ordinance June 27, 1990

Motion by Elizabeth A. Thibodeau, second by James C. Falconer, to adopt
Article 12 as read.
ARTICLE 12 ADOPTED AS READ.

Article 13: To see if the town will vote to authorize the board
of selectmen to borrow money in anticipation of taxes and to renew and
refund town notes.

Motion by Elizabeth A. Thibodeau, second by Donna Smith, to adopt
article 13 as read.
ARTICLE 13 ADOPTED AS READ.

Article 14: To see if the town will vote to authorize the board
of selectmen to apply for, accept and expend, without further action by
the town meeting, money from the state, federal or other governmental
unit or a private source which becomes available during the fiscal year
in accordance with the procedures set forth in RSA 31:95-b.

Motion by Elizabeth A. Thibodeau, second by Oliver W. Fowler, to adopt
article 14 as read.
ARTICLE 14 ADOPTED AS READ.

Article 15: To see if the town will vote to authorize the board
of selectmen to sell at public auction or by advertised sealed bids such
town property as is no longer used by the town.

Motion by Elizabeth A. Thibodeau, second by Zoie Saunaras, to
adopt article 15 as read.
ARTICLE 15 ADOPTED AS READ.

Article 16: To see if the town will vote, pursuant to authority
under RSA 80:42-a, to retain and hold all real property located within
the marshlands and to authorize the board of selectmen to sell all other
tax title property, in the first instance to former owners of the
property, or the grandparents, parents, children, and spouses of said
former owner, for a sum not less than the outstanding taixes owed plus
accrued interest to the date of tax deed; or failing such sale, then by
advertised sealed bids or public auction, at the discretion of the board
of selectmen.



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Motion by Elizabeth A. Thibodeau, second by James S. Eaton, to adopt
article 16 as read.
ARTICLE 16 ADOPTED AS READ.

Article 17: To see if the town will vote to raise and appropriate
the sum of One Million Seven Hundred Thousand ($1,700,000.00) Dollars;
said sum to be transferred to the Seabrook Housing Authority for the
purpose of constructing forty (40) units of elderly housing to be built
on land owned by said housing authority on Railroad Avenue. Said funds
shall be transferred to the Seabrook Housing Authority for their use
only after the authority has presented to the town a detailed
architect's plan for approval at a special town meeting to be called at
a later date.

(Recommended by the Budget Committee)

Motion by Asa H. Knowles Jr., second by Paul M. Kelly, to adopt article
17 as read.

Architects present to explain this article.

Motion to amend article 17 by Elizabeth A. Thibodeau, second by Donna
Smith, the Housing Authority must abide by provisions of Article 53 of
the 1988 town meeting regarding competitive bidding as set forth in
Chapter 92 of Seabrook Code.
Amendment adopted.

Motion to amend article 17 by Bruce D. Brown, second by Ivan Q. Eaton,
Sr., by deleting everything after Railroad Avenue thereby Article 17
shall read as follows: To see if the Town will vote to raise and
appropriate the sum of One Million Seven Hundred Thousand
($1,700,000.00) Dollars; said sum to be transferred to the Seabrook
Housing Authority for the purpose of constructing forth (40) units of
elderly housing to be built on land owned by said Housing Authority on
Railroad Avenue.
Amendment adopted.

Request for paper ballots by five residents.

YES 111 NO 100

ARTICLE 17 ADOPTED AS AMENDED.

Article 10 taken off table.

Motion by Elizabeth Thibodeau, second by Donna Smith, to adopt as read.
ARTICLE 10 ADOPTED AS READ.

Article 18: To see if the town will vote to adopt the following
Business License Ordinance which requires that all businesses located in
town be licensed by the town:

BUSINESS LICENSE ORDINANCE

LICENSING REQUIREMENTS:

No business shall occupy any building or lot within the town unless a
license has been approved by the board of selectmen and the following
conditions have been met.

1. An application form approved by the selectmen has been completed and
the following information provided.

(a) The name under which the business or corporation operates.



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(b) Location of the business in town.

(c) Description of nature of business.

(d) Certification that no hazardous or explosive materials will be
manufactured or stored on site unless all federal, state, and local
permits to possess such material are submitted with application.

(e) Owners name, address and emergency telephone number.

(f) An application fee of $5.00.

2. A waiting period of ten (10) working days will follow application to
allow review by town officials.

2.5. All businesses shall be licensed annually; all licenses shall
expire on June 30 of each year.

3. Penalties:

(a) Any violation of this chapter is punishable by a fine not to exceed
$25.00; businesses operating without a license may be subject to
closure.

4. Effective Date - This ordinance shall become effective July 1, 1991.

Motion by Elizabeth A. Thibodeau, second by Ivan Q. Eaton, Jr. , to adopt
article 18 as read.
ARTICLE 18 ADOPTED AS READ.

Announcement by Moderator to move to Article 51 & 52 at this time.

Article 51: On petition of Charlotte K. Marshall and twenty-nine
(29) other legal voters of the town: To see if the town will vote to
raise and appropriate Sixty-five Thousand ($65,000.00) Dollars for
planning expenses for the expansion and improvement of

the Town Library, a Building Committee of five (5) to be appointed by
the Library Trustees.

(Recommended by the Budget Committee)

Motion by Eric N, Small, second by Stanley A. Hamel, to adopt article 51
as read.

Amendment by Eric N. Small, second by Stanley A. Hamel, to amend article

51 to read "BUILDING STUDY COMMITTEE".

Amendment adopted.

ARTICLE 51 ADOPTED AS AMENDED.

Article 52: On petition of Charlotte K. Marshall and twenty-six
(26) other legal voters of the town: To see if the town will vote to
raise and appropriate the sum of Two Hundred Fifty Thousand
($250,000.00) Dollars to establish a capital reserve fund, to be known
as the Town Library Capital Reserve Fund, to be used for the purpose of
expanding and improving the building and facilities of Brown Library.

(Not Recommended by the Budget Committee)

Motion by Eric N, Small, second by Elizabeth A. Thibodeau, to postpone

article 52 indefinitely.

ARTICLE 52 POSTPONED INDEFINITELY.

Motion to adjourn by Louis Janos, second by Elizabeth A. Thibodeau,
until tomorrow night (March 15, 1991) at 7 PM.



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ADJOURNED TOWN MEETING
MARCH 15, 1991

Adjourned Town Meeting called to order by Moderator Charles H. Felch Sr.
at 7:27 PM.

Article 19: To see if the town will vote to aimend Chapter 249-23,
Schedule V, of the Code of the Town of Seabrook regulating vehicle
weight limits by adding the entire length of Ledge Road from its
intersection with Batchelder Road to its intersection with Blacksnake
Road; and to set the maximum gross weight for said road at 55,000
pounds. This ordinance shall become effective upon adoption.

Motion by Elizabeth A. Thibodeau, second by Ivan Q. Eaton Sr. , to adopt

article 19 as read.

ARTICLE 19 ADOPTED AS READ.

Article 20: To see if the town will vote to amend Article 36 of
the 1984 Town Warrant to extend the discontinuance of that portion of
Old New Boston Road from a point currently seven hundred sixty-five
(765) feet westerly of the intersection of True Road and New Zealand
Road to a point one thousand two hundred (1,200) feet of the
intersection of True Road and New Zealand Road.

Motion by Elizabeth A. Thibodeau, second by Bruce G. Brown, to adopt
article 20 as read.

Amendment to article 20 by Edith S. Regan, second by Pamela Johnson.

That moving said gate be contingent on actual construction and occupancy

of the land to be accessed by moving the gate. That the road be paved

by the time the gate is moved and the street light committee be advised

of the need for lighting the area.

Amendment adopted .

ARTICLE 20 ADOPTED AS AMENDED.

Moderator will now go to Article 22.

Article 22: To see if the Town will vote to amend Chapter 254 of
the Code of the Town of Seabrook - Waste Disposal Ordinance by adding
the following sections pertaining to a curbside recycling prograim:

Section 1 - Purpose and Intent

The purpose and intent of this ordinance is to provide the town with a
curbside recycling program for residences, mobile home parks,
apartments, and commercial establishments whose rubbish is picked up by
the town. This ordinance shall also apply to commercial apartments and
mobile-home parks. Participants will separate recyclables from their
regular waste and will place the recyclable materials in a separate
container, to be furnished by the town, at the curbside to be picked up
the same day as regular waste.

Section 2 - Definitions:

Waste Generators

A) Single generators - Those single residences, apartments and
commercial estaUalishments whose rubbish is picked up by the town.

B) Bulk Generators - Those residential and commercial establishments
which deliver their rubbish to the town transfer station. This shall
also include establishments that use the services of private waste
haulers that do not use the transfer station.



26



Recvclables

C) Aluminum - Shall mean empty, rinsed aluminum containers of a size of
one (1) quart or smaller (soda and beer cans). Labels do not have to be
removed.

D) Glass - Shall mean whole, empty, rinsed glass containers (green,
brown, and clear) without lids, caps or stoppers. Labels do not have
to be removed. (No ceramics, plates, window glass, light bulbs, etc.)

E) Plastics (HDPE & PET) - HDPE shall mean empty, rinsed plastic
containers without lids, caps, and stoppers, such as milk and water
jugs. PET shall mean soda bottles and non-food plastic containers such
as laundry detergent bottles and dishwasher bottles. Labels do not have
to be removed.

F) Newspaper - Shall mean newspapers without magazines or colored
inserts.

Section 3 - Separation of Recyclables

A) Single generators shall separate recyclables from their regular waste
by placing them in a container provided by the town, and placed at the
street curb or curb-line for the collection by the town or its
designated agent.

B) Aluminum cans, glass, and plastic containers shall be placed in a
separate container to be furnished by the town. Newspaper should be
bundled and placed next to and/or on top of the recycling container.

C) Bulk generators shall separate their recyclables from other rubbish
or waste.

D) Should the town's recycling program become mandatory under section
5C, then the town may refuse to pick up the rubbish of single generators
who do not separate the recyclables.

Section 4 - Recycling Containers

A) The Town of Seabrook shall provide all single generators with one
container for recyclables. The town shall also provide one container per
unit to commercial mobile-home parks and apartments.

B) Title to the containers shall remain in the Town of Seabrook. The
town will replace all containers without charge for those which become
unusable due to container defect or normal wear and tear, however single
generators shall pay a replacement fee for containers lost or destroyed
before new containers are issued to them.

C) Commercial generators having more than five (5) employees shall
receive up to three (3) containers without charge. Any additional
container required will cost the commercial generators what the town is
charged.

Section 5 - Voluntary/Mandatory Provisions

A) Recycling as herein defined shall be voluntary for the first 12
months from the start of the program.

B) Annually, thirty days prior to the anniversary date, the board of
selectmen shall determine if the voluntary aspect of this ordinance has
been complied with to the extent that 80% of the town is participating



27



in said prograim in which event the voluntary aspect hereof shall
continue.

C) If the board, of selectmen shall determine that there has been less
than 80% of said compliance, then this ordinance shall become mandatory.
Notice of such determination shall be published in a local newspaper.

Section 6 - Unauthorized Collection of Recyclables

A) Other than the town's authorized recycling collector, all others are
prohibited from removing recyclables from any user collection location.

Section 7 - Selectmen's Authority for Regulations

A) The board of selectmen is hereby authorized under RSA 31:39 and RSA
149M to promulgate all such rules and regulations as are necessary to
implement this ordinance.

Section 8 - Penalties

A) Any person, firm or corporation being convicted of violating any
provision of this ordinance upon the Scime. becoming mandatory, shall
receive a written warning for the first violation, be fined $100.00 for
the second violation, $200.00 for the third violation, and $300.00 for
each subsequent violation thereafter.

Section 9 - Inconsistency

A) All ordinances or parts of ordinances adopted by the town which are
inconsistent herewith are hereby repealed as to such inconsistency.

Section 10 - Severability

A) The invalidity of any provision of this ordinance shall not affect
the validity of any other provision nor the validity of the ordinance as
a whole.

Section 11 - Effective Date

A) This ordinance shall take effect immediately upon passage.

Motion by Elizabeth A. Thibodeau, second by Patricia O'Keefe, to adopt
article 22 as read.

Amendment by Elizabeth A. Thibodeau, second by Donna Smith, to DELETE
SECTIONS: 3-D

5 - in entirety

8 - in entirety
Amendment adopted .
ARTICLE 22 ADOPTED AS AMENDED.

Article 21: To see if the town will vote to raise and appropriate
the sum of One Hundred Thousand ($100,000.00) Dollars for a curbside
recycling program within the Town of Seabirook; said recycling program to
be implemented on or before October 1, 1991.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Earlene U. Locke, to adopt
article 21 as read.



ARTICLE 21 DEFEATED.



HAND VOTE
YES 51 NO 69



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Article 23: To see if the town will vote to ratify the financial
terms of the collective bargaining agreement reached on December 26,
1990, between the board of selectmen and the Seabrook Supervisory
Employees' Association, the term of which collective bargaining
agreement extends from April 1, 1990, through March 31, 1991, and
further to raise and appropriate the sum of Seven Thousand One Hundred
Thirty-three ($7,133.00) Dollars such sum representing the cost of
increased economic benefits for members of the Seabrook Supervisory
Employees' Association under the terms of the collective bargaining
agreement ending March 31, 1991.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by James C. Falconer, to adopt
article 23 as read.
ARTICLE 23 ADOPTED AS READ.

Article 24: To see if the town will vote to ratify the financial
terms of the latest collective bargaining agreement reached on February
6, 1991, between the board of selectmen and the Seabrook Supervisory
Employees' Association, the term of which agreement extends from April
1, 1991, through March 31, 1992, and which calls for increased economic
benefits of Fourteen Thousand Twenty-one ($14,021.00) Dollars, a portion
of which benefits is reflected in the operating budget of the town, and
further to raise and appropriate the sum of Eight Thousand Nine Hundred
Ninety-nine ($8,999.00) Dollars, such sum representing the remaining
cost of increased economic benefits for members of the Seabrook
Supervisory Employees' Association under the terms of the collective
bargaining agreement ending March 31, 1992.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by William F. Hale Sr., to
adopt article 24 as read.
ARTICLE 24 ADOPTED AS READ.

Article 25: To see if the town will vote to ratify the financial
terms of the collective bargaining agreement reached on March 7, 1990,
between the board of selectmen and the Seabrook Permanent Fire Fighters
Association, lAFF #2847, which calls for a Forty-five Thousand Three
Hundred Fifty-one ($45,351.00) Dollar increase in salaries and benefits
for the fiscal year 1990, and a Thirty-four Thousand Nine Hundred
Seventy-two ($34,972.00) Dollar increase in salaries and benefits for
the fiscal year 1991, and a Thirty-eight Thousand Two Hundred Eighty-
four ($38,284) Dollar increase in salaries and benefits for the fiscal
year 1992.

Motion by Elizabeth A. Thibodeau, second by Norman L. Brown, to adopt
article 25 as read.
ARTICLE 25 ADOPTED AS READ,

Article 26: To see if the town will vote to raise and appropriate
the sum of Fourteen Thousand Five Hundred ($14,500.00) Dollars for the
salary for the position of fireworks administrator.

(Not Recommended by the Budget Committee)

Motion by Asa H, Knowles Jr. second by Louis E. Janos, to postpone

article 26 indefinitely.

ARTICLE 26 POSTPONED INDEFINITELY.



29



Airkicle 27: To see if the town will vote to raise and appropriate
the sum of One Hundred Fifty-seven Thousand One Hundred Fifty-five
($157,155.00) Dollars to purchase and install a central heating system
at the town hall.

(Not Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Earlene U. Locke, to adopt
article 27 as read.
ARTICLE 27 DEFEATED.

Article 28: To see if the town will vote to authorize the board
of selectmen to lease the old fire station owned by the Seabrook
Firemen's Association for the remainder of the calendar year 1991 for
the purpose of allowing the Rockingham County Community Action Program
to use the leased premises; and to raise and appropriate the sum of Five
Thousand ($5,000.00) Dollars for the lease of said premises.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr., to adopt
article 28 as read.
ARTICLE 28 ADOPTED AS READ.

Article 29: To see if the town will vote to raise and appropriate
the sum of Eighty Thousand ($80,000.00) Dollars for the repair and/or
replacement of the town pier located on River Street.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Ivan Q. Eaton Sr., to adopt
article 29 as read.
ARTICLE 29 ADOPTED AS READ.

Article 30: To see if the town will vote to raise and appropriate
the sum of One Hundred Eighty-four Thousand ($184,000.00) Dollars for
the purpose of clean-up costs and engineering associated with the
contamination of the Route 107 well field.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Asa H. Knowles Jr. , to adopt
article 30 as read.
ARTICLE 30 ADOPTED AS READ.

Article 31: To see if the town will vote to raise and appropriate
the sum of Ten Thousand ($10,000.00) Dollars for the purpose of
purchasing and installing one (1) storage shed for the use of the police
department.

(Recommended by the Budget Committee)

Motion by Elizabeth A. Thibodeau, second by Paul J. Cronin, to adopt
article 31 as read.


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