Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 1999) online

. (page 6 of 14)
Online LibrarySeabrook (N.H.)Annual reports of the Town of Seabrook, New Hampshire (Volume 1999) → online text (page 6 of 14)
Font size
QR-code for this ebook


years. The selectmen and the budget committee recommend this
appropriation. (Majority vote required) .

Article 30: To see if the town will vote to raise and
appropriate the sum of Twenty-seven Thousand Six Hundred Twenty- five
($27,625.00) Dollars for the purpose of grinding and paving the access
road to the transfer station. The work will consist of grinding and
paving the access road to the transfer station. This will be a non-
lapsing account per RSA 32:7, VI and shall not lapse until the work is
completed or in two (2) years. The selectmen and the budget committee
recommend this appropriation. (Majority vote required.)

Article 31: To see if the town will vote to raise and
appropriate the sum of Twenty-four Thousand ($24,000.00) Dollars for
the purpose of paving Lower Collins Street. The work will consist of
regrading and paving. This will be a non-lapsing account per RSA
32:7, VI and shall not lapse until the work is completed or in two (2)
years. The selectmen and the budget committee recommend this
appropriation. (Majority vote required.)

Article 32: To see if the town will vote to raise and
appropriate the sum of Twenty- seven Thousand ($27,000.00) Dollars for
the purpose of paving the parking lot area and irrigation installation
at Governor Weare Park. The work will consist of paving, installing

10A



parking lot drainage, installing irrigation and painting parking
lines. This will be a non- lapsing account per RSA 32:7, VI and shall
not lapse until the work is completed or in two (2) years. The
selectmen and the budget committee recommend this appropriation.
(Majority vote required.)

Article 33: To see if the town will vote to raise and
appropriate the sum of Ten Thousand ($10,000.00) Dollars for the
purpose of constructing a salt and sand storage bunker and converting
the current storage to bays. This will be a non-lapsing account per
RSA 32:7, VI and shall not lapse until the salt/sand bunker is
constructed or in two (2) years. The selectmen and the budget
committee recommend this appropriation. (Majority vote required.)

Article 34: To see if the town will vote to raise and
appropriate the sum of Three Thousand Six Hundred ($3,600.00) Dollars
for paving the back section of River Street. This will be a non-
lapsing account per RSA 32:7, VI and shall not lapse until the work is
completed or in two (2) years. The selectmen and the budget committee
recommend this appropriation. (Majority vote required) .

Article 35: To see if the town will vote to raise and
appropriate the sum of Twenty-six Thousand $26,000.00) Dollars for the
purpose of purchasing and equipping a 3/4 ton utility truck for the
water department, and to trade or sell a 1989, 3/4 ton Dodge utility
truck with 110,000+ mileage. This will be a non-lapsing account per
RSA 32:7, VI and shall not lapse until the utility truck is purchased
and equipped or in two (2) years. The selectmen and the budget
committee recommend this appropriation. (Majority vote required) .

Article 36: To see if the town will vote to raise and
appropriate the sum of Fourteen Thousand Five Hundred ($14,500.00)
Dollars to repair, resurface and reline the second one-half (1/2) of
the existing parking lot areas at the Seabrook Community Center. This
will be a non-lapsing account per RSA 32:7, VI and shall not lapse
until the work is completed or in two (2) years. The selectmen and
the budget committee recommend this appropriation. (Majority vote
required) .

Article 37: To see if the town will vote to raise and
appropriate the sum of Sixty Thousand ($60,000.00) Dollars to remove
and replace the current Community Center tar and gravel roof areas
with a rubber membrane system, in order to repair and fix the
remaining leaks. This would include approximately 16,000 square feet
of roof area. This will be a non-lapsing account per RSA 32:7, VI and
shall not lapse until the work is completed or in two (2) years. The
selectmen and the budget committee recommend this appropriation.
(Majority vote required.)

Article 38: To see if the town will vote to raise and
appropriate the sum of One Hundred Thousand ($100,000.00) Dollars for
the construction of sidewalks, specifically on Railroad Avenue and
Centennial Street. This will be a non-lapsing account per RSA 32:7,
VI and shall not lapse until the work is completed or in two (2)

11A



years. The selectmen and the budget committee recommend this
appropriation. (Majority vote required.)

Article 39: To see if the town will vote to authorize the
selectmen to sell a parcel of land at 636 Lafayette Road, owned by the
town and described as Tax Assessor Map 8, Lot 50-0, to an abutter.
Trinity United Church, value based on the average of three (3)
independent appraisals. Net proceeds from the sale will be given to
the Seabrook Library trustees to be used for library purposes. A
permanent plaque must be installed and maintained on the property by
any and all future owners indicating it is the site of Seabrook ' s
first library and who it was donated to the town by. The remaining
terms of this transfer shall be negotiated by the selectmen.

Article 40: To see if the town will vote to grant to Gordon W.
Locke and Emily A. Locke a permanent easement to use, for ingress and
egress, a certain area of land located off the southerly side of Ledge
Road, so-called, and further described in Temporary Easement Deed
recorded with the Rockingham County Registry of Deeds at Book 3430,
Page 1581, as a "50' Wide Easement, 28,459 S.F." as shown on a plan
entitled, "Proposed Easement for Right-of-Way Across Town of Seabrook
Parcel at Ledge Road, Seabrook, N.H., Scale l''=100'", dated April 28,
1999, by Gerrit Consulting Land Surveying-Site Planning. This grant
of easement is conditioned on Gordon W. Locke and Emily A. Locke
granting to the Town of Seabrook a permanent right-of-way access to
town-owned backland property adjacent to existing water wells (Tax Map
reference 3-25-0 and 3-28-0.

Article 41: To see if the town will vote to raise and
appropriate the sum of Ten Thousand ($10,000.00) Dollars for the
purpose of implementing a program to assure uniform, visible numbering
of all residences in order to assist emergency response personnel
(i.e. police and fire) . This will be a non-lapsing account per RSA
32:7, VI and shall not lapse until the work is completed or in two (2)
years. The selectmen and the budget committee recommend this
appropriation. (Majority vote required.)

Article 42: To see if the town will vote to amend Chapter A268
of the Code of the Town of Seabrook - Public Landing - by substituting
the term "personal watercraft (PWC) " in Chapter A268-5 and adding
A268-5a, Definition, so that those sections read as follows and, upon
adoption, to renumber the chapter appropriately:

A2 68 . 5 . Personal Watercraft .

No person shall be allowed to launch personal watercraft from the
boat ramp. In addition, no personal watercraft shall be allowed
to land on any public beach area.

A268.5a. Definition

As used in this chapter, personal watercraft shall mean:

a. any water vehicle that uses an inboard motor powering a



12A



water jet pump or a caged propeller as its primary
source of motive power and

b. that is designed to be operated by a person sitting

astride or standing or kneeling on the surface of the
vehicle, regardless of the number of people it is
designed to carry.

Article 43: To see if the town will vote to amend Chapter 249 of
the Code of the Town of Seabrook - Vehicles and Traffic - by adding a
new subsection to Section 249-14 - General parking prohibitions - to
read as follows and, upon adoption, to renumber the chapter
appropriately :

E. By a vehicle that is over 30 feet in length and within 100
feet of an intersection.

Article 44: To see if the town will vote to amend Chapter 249 of
the Code of the Town of Seabrook - Vehicles and Traffic - by adding to
Section 249-24 - Schedule V: Vehicle Weight Limits - Fowler's Court,
with a maximum gross weight (pounds) of 22,000, along its entire
length and, upon adoption, to reformat the chapter appropriately.

Article 45: To see if the town will vote to amend Chapter 249 of
the Code of the Town of Seabrook - Vehicles and Traffic - by adding to
Section 249-25 - Schedule VI: Parking prohibited at All Times - Old
New Boston Road, on both sides, from the sewer pump station westerly
to the gate and, upon adoption, to reformat the chapter appropriately.

Article 46: To see if the town will vote to amend Chapter 238 of
the Code of the Town of Seabrook - Tattoo, Body Piercing, Branding and
Permanent Make-up - by substituting the title of Article VII - Tattoo
Establishment Noncompliance - with - Noncompliance - and
expanding/clarifying the intent of the article to include any licensed
business establishment and, more specifically, anyone engaged in body
piercing, so that the article reads as follows and, upon adoption, to
renumber the chapter appropriately:

238-20. Revocation of License

A. Any tattoo establishment licensed to operate in the
Town and found to be in noncompliance of any of the
requirements of this Chapter may have their license
revoked by the Health Officer or his/her duly
authorized agent at the time of inspection. The Health
Officer or his/her duly authorized agent may revoke a
license by providing the holder of the license with a
written description of the ways in which the license is
in noncompliance of the requirements of this Chapter.

B. Any other licensed business establishment found to be
engaged in body piercing in violation of Article II
238-3 D shall have their business license revoked by
the Health Officer or his/her duly authorized agent who
will provide the holder of the license with a written

13A



notice of revocation setting forth the basis for such
revocation .

238-21. Penalties.

A. A first offense revocation of a license for a tattoo
establishment shall be for a period of at least forty-
eight (48) hours or until such time as the issues of
noncompliance are brought into compliance. A re-
inspection fee of Fifty Dollars ($50) shall be charged
individually to all artists involved in the issues of
noncompliance.

B. Any licensed tattoo establishment subsequently found to
be in noncompliance of this Chapter for a second time
and not operating under the intent of this Chapter
shall have their license permanently revoked. Such
revocations may be made by the Health Officer, his/her
duly authorized agent and/or per order of the Board of
Health and shall be the result of documentation of such
noncompliance .

C. Any licensed tattoo establishment found to be in
noncompliance of this Chapter for a second subsequent
offense shall be guilty of a violation and fined One
Hundred Dollars ($100) per day, per offense as
allowable under NH RSA 31:39 III, effective August 9,
1983. If the court rules that the establishment may
re-open upon compliance, a re-inspection fee shall be
assessed.

D. Anyone found to be operating an unlicensed tattoo
establishment in the Town shall be guilty of a
violation and fined One Hundred Dollars ($100) per day,
per offense as allowable under NH RSA 31:39 III. The
establishment shall remain closed until all
requirements of this Chapter are in compliance and a
license has been issued.

E. A first offense revocation of a business license for a
violation of Article II 238-3 D shall be for a period
of at least forty-eight (48) hours.

F. Any licensed business establishment subsequently found
to be in violation of Article II 238-3 D for a second
time shall have their business license permanently
revoked. Such revocations may be made by the Health
Officer, his/her duly authorized agent and/or per order
of the Board of Health and shall be supported by
documentation of such violation.

G. Any person, business owner, business manager, or
business supervisor who violates or who allows to be
violated. Article II 238-3 D shall be guilty of a
violation and fined Five Hundred Dollars ($500) for a

14A



first offence and One Thousand Dollars ($1,000) for any
such subsequent offense.

H. Appeals from any administrative decision to revoke a
license (s) shall be made in writing to the Board of
Health with a request for a public hearing.

I . None of the foregoing penalty provisions shall prevent
the Town from pursuing all other remedies available to
it under the law.

Article 47: To see if the town will vote to establish a non-
capital reserve fund pursuant to RSA 35:l-c for the specific purpose
of funding operational, personnel and other non-capital expenses of
the town government. This shall be a non- lapsing account pursuant to
RSA 32:7 II and may be funded either by transfers from surplus or by
appropriations. This fund may be expended only for the above-stated
purposes. This fund may not be expended for the repayment of loans or
retirement of debt as defined by RSA 33:2.

Article 48: This is a non-binding warrant article to ascertain
what the residents of Seabrook support in reference to funding of
education: (Choose three (3) in order of preference.)

a Income Tax.

вЦ° Sales (Consumption) Tax.
Q Video Gambling.
Q Statewide Property Tax.

a Constitutional Amendment to nullify the Claremont decision and
return to prior local taxation funding.

Article 49: To see if the town will vote to raise and
appropriate the sum of One Hundred Ten Thousand ($110,000.00) Dollars
for the replacement of water main, hydrants, valves and other
accessories along Route 1 due to widening of the highway. A portion
of this cost will be reimbursed by the New Hampshire Department of
Transportation. This will be a non-lapsing account per RSA 32:7, VT
and shall not lapse until the work is completed or in two (2) years.
The selectmen and the budget committee recommend this appropriation.
(Majority vote required) .

Article 50: To see if the town will vote to raise and
appropriate the sum of Ten Thousand ($10,000.00) Dollars to determine
the best methodology to maintain all town records and to initiate a
new storage system. The law requires that certain documents be kept
forever which requires some type of conversion to a non-paper storage.
This will be a non-lapsing account per RSA 32:7, VI and shall not
lapse until the work is completed or in two (2) years. The selectmen
and the budget committee recommend this appropriation. (Majority vote
required) .

Article 51: To see if the town will vote to raise and
appropriate the sum of Twenty Thousand ($20,000.00) Dollars for the
purchase of 4+ acres of land that abuts well #5 and the True Road well

15A



fields. This land will be explored for the development of additional
water sources and for the protection of our existing water supply.
This will be a non-lapsing account per RSA 32:7, VI and shall not
lapse until the work is completed or in two (2) years. The selectmen
and the budget committee recommend this appropriation. (Majority vote
required) .

Article 52 : To see if the town will vote to raise and
appropriate the sum of Eighty Thousand ($80,000.00) Dollars to fund
legal costs and a consultant/lobbyist to help fight the new statewide
property tax both in the courts and legislature; and also, to promote
alternative methods that are more equitable and fair. This will be a
non-lapsing account per RSA 32:7, VI and shall not lapse until the
work is completed or in two (2) years. The selectmen and the budget
committee recommend this appropriation. (Majority vote required).

Article 53: Shall we delegate the duties and responsibilities of
the cemetery trustees to the board of selectmen? (Majority vote
required) .

Article 54: On petition of Esther Tanoian and twenty-four (24)
other legal voters of the town: "To see if the Town of Seabrook will
vote to raise and appropriate the sum of Two Thousand Four Hundred
Thirty ($2,430.00) Dollars for the purpose of defraying the cost of
services provided to the Town of Seabrook and its residents by
Seacoast Big Brothers Big Sisters of New Hampshire." This will be a
non-lapsing account per RSA 32:7, VI and shall not lapse until the
contribution is completed or in two (2) years. The selectmen
recommend this appropriation. The budget committee does not recommend
this appropriation. (Majority vote required) .

Article 55: On petition of Nellie S. Beckman and forty-nine (49)
other legal voters of the town: "To raise and appropriate the sum of
Twenty-three Thousand ($23,000.00) Dollars to paint and make repairs
to the Old South Meeting House (Seabrook 's town hall from 1768 to
1954) on Route 1. This will be a non-lapsing account per RSA 32:3,
VI, and will not lapse until the above painting and repairs are
completed or in five years, whichever is less." The selectmen and the
budget committee recommend this appropriation.

Article 56 : On petition of Howard J. Brown, Sr., and 31 other
legal voters of the town: "To see if [the] town will vote to sell to
Howard J. Brown, Sr., by selectmen's deed for non-payment of taxes
against Brenda Wright (Brown) Heirs, and being described as Lot 98,.
Map 8, on Lafayette Road of the Town of Seabrook ' s official assessing
maps, and that said title to the property be conveyed to Howard J.
Brown, Sr., upon payment of all unpaid taxes and cost to the Town of
Seabrook, N.H."

Article 57: On petition of Asa H. Knowles, Jr., and thirty (30)
other legal voters of the town: "Are you in favor of a revaluation of
the Town Property Assessments?"



16A



Article 58: On petition of Karen E. Knight and one hundred
forty-nine (149) other legal voters of the town of Seabrook: "Are you
in favor of increasing the board of selectmen to 5 members? Pursuant
to RSA 656 :13 . "

Article 59: On petition of John Difeo and sixty-nine (69) other
legal voters of the Town of Seabrook to see if the town will vote to:

1. Delete all references to body piercing from Chapter 238 of
the Seabrook Ordinances; and

2. Enact and adopt the following new section as Chapter 238-A
or as otherwise designated by the Selectmen:

Body Piercing Town of Seabrook, N.H.

Article I.

Authority and Interpretation of Terms

Section 238A-1 Statutory

A. This chapter has been enacted pursuant to the authority
granted the Town by NH RSA 147:1 and NH RSA 31:39m,
effective July 1, 1989. Amended August 14, 1989. Effective
Date, October 14, 1989 and confirmed by RSA 314 -A, effective
July 1, 1994.

B. The purpose of this ordinance is to protect the safety,
health, and welfare of the general public and not to protect
the personal or property interests of individuals. Nothing
in this ordinance shall be deemed to be the making of a
promise, or the undertaking of a special duty towards or
relationship with any person who is body pierced; nor shall
the provision of, or failure to provide such licenses or to
undertake particular inspections or types of inspections be
deemed to create a special relationship or duty towards any
person upon which any action in negligence or other tort
might be founded.

C. This Ordinance is based on the following legislative
findings :

1. There is a risk of harm to the public from the practice
of body piercing. The risk arises from the
characteristics of this practice, the characteristics
of clients served, and the characteristics of the work
place environment and supervisory practices.

2. Body piercing is an invasive procedure in which the
skin is penetrated by a foreign object. If proper
sterilization and antiseptic procedures re not followed
by body piercers, there is a risk of transmission of
blood borne or other infections.

3 . Body piercing may cause allergic reactions in persons
sensitive to dyes or metals used in ornamentation.

4. The public can be protected from this risk by requiring
the use of universal precautions related to the

17A



transmission of blood borne infections and by
disclosure requirements to facilitate informed choice.
D. When, and if, the State of New Hampshire adopts regulations
relative to body piercing, this shall be read in concert with
them. To the extent that these regulations adopted by the State
of New Hampshire, the more stringent regulations shall apply.

Section 238A-2 Interpretation of Terms

For the purposes of this Chapter, the following words and phrases when
used herein shall be construed as follows:

1. Board of Health - As defined in NH RSA 128:3 whereas the
Health Officer shall be the Secretary and Executive Officer
of and with the Board of Selectmen, shall constitute the
local Board of Health for the Town.

2. Body Piercing - Technique whereby various body parts are
pierced and surgical steel rings or studs re inserted. Body
sites may include but may not be limited to: Ear, nose,
cheek, tongue, navel, forehead, nipples and genitals.

3 . Body Piercing Artist - Any person who actually performs the
work of body piercing.

4 . Body Piercing Establishment - Any room or space where body
piercing is practiced or where the business of body piercing
is conducted or any part thereof.

5. Body Piercing Owner or Operator - Shall mean any person who
controls, operates, conducts, or manages any body piercing
establishment, whether actually performing the work of body
piercing or not .

6. Certification of Inspection - Inspection report made by the
Health Officer or his/her duly authorized agent prior to
issuing a Body Piercing Establishment License indicating
that the establishment complies with the requirements of the
ordinance .

7. Commiini cable Disease - Shall mean any disease caused by an
infectious agent which may be transmitted directly or
indirectly from one individual to another.

8. Health Certificate - Shall mean a card or letter valid for
one (1) year issued to a body piercing artist by a medical
physician, licensed to practice in NH or MA, after
satisfactory tests for tuberculosis and after a satisfactory
examination for apparent communicable diseases, particularly
in respect to arms and hands .

9. Universal Precautions - Precautionary guidelines issued by
the National Centers for Disease Control (CDC) for use in
the prevention of transmission of infectious diseases from
contact with potentially infected body fluids. Universal
precautions also apply to semen and vaginal secretions,
tissues and body fluids such a cerebrospinal fluid and
pleural fluid. Universal precautions do not apply to feces,
nasal secretions, sputum, tears, urine and vomitus unless
they contain visible blood. Requires the use of but not
limited to protective clothing, goggles, masks and latex
gloves .

18A



Article II
Restrictions

238A-3 Operation Standards

1 . Records

a. For each patron, proper records of piercing administered
and/or jewelry installed, shall be maintained by the holder
of a shop permit.

b. A record of each patron shall be prepared prior to any body
piercing procedure being performed and shall include the
patron's name and signature, address, age, if applicable,
manner of verification of identity and age, the date of the
procedure, the type of piercing, its location on the
patron's body, the type of jewelry applied, and the name of
the artist who performed the work. The patron record may
also be used as a consent form for the part of the body to
be pierced.

c. The records shall be entered in ink or indelible pencil in a
bound book kept solely for this purpose. The book shall be
preserved for at least two (2) years from the date of the
last entry therein.

d. Before the body piercing procedure, there shall be a
discussion with the patron on the procedure, possible health
complications, and the healing time and aftercare of the
area pierced or serviced.

e. Aftercare instructions shall be given to each patron and
client .

2 . Consent

(a) No person under the age of eighteen (18) shall be pierced
without parental consent, except as provided in paragraph 2e
hereof .

(b) No person under the age of fourteen (14) shall be pierced.

(c) No piercing below the neck, with the exception of the naval,
shall be performed on anyone under the age of 16.

(d) Without in any way affecting the restrictions contained
above, any person under the age of eighteen (18) shall only
be pierced with the consent of a parent or guardian, upon
the following conditions:

a. A parent or legal guardian must be present with a minor
to sign the release form, no exceptions.

b. Both parent and piercee must bring a valid photo
identification. A license, passport, state ID card,
military, school ID and birth certificate all
constitute for valid identification. If the last name
is different from the minor's, then there must be legal
documentation to prove the relationship.


1 2 3 4 6 8 9 10 11 12 13 14

Online LibrarySeabrook (N.H.)Annual reports of the Town of Seabrook, New Hampshire (Volume 1999) → online text (page 6 of 14)