May 14, 2002

APPROVED – May 21, 2002






Mr. Greg Farris, Mr. Hal Lynde, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby


Also present:



Mr. Pat MacQueen, Interim Town Administrator, members of the press and general public.




Chairman Farris opened the meeting at approximately 6:30 pm. 




May 5, 2002



(Lynde/Bergeron) To approve the May 7, 2002 minutes as amended.




(5 - 0 - 0) The motion carries.








Before the appointments began, Mr. Farris said that the Town had made an offer to Mr. Thomas Gaydos for the position of Town Administrator.  He currently works as the Administrator in Ashland.  Mr. Gaydos will be available to begin working in Town by early/mid July.



(Lynde/McDevitt) To hire Mr. Thomas Gaydos as Town Administrator per the agreement reached with the applicant and the Town. 




(5 - 0 - 0) The motion carries.


Spring Street connection - Planning Board


Mr. Victor Danevich, Chairman, Planning Board met with the Selectmen to discuss subdivisions that will be coming before the Planning Board for review.  Mr. Farris said that there was a current plan before the Planning Board to connect roads so that the Town would have a more direct access to the Spring Street area.  He said that Town owned land would need to be crossed to make the connection.  Mr. Danevich said that there was an alternative plan if the connection was not approved, but it would create a ‘looping’ making it difficult for emergency vehicles to access the parcel.  He said they were requesting a 50’ easement through the Town parcel that would allow the road to remain straight.  He noted that the area would remain in its natural state, with no additional development.  It was noted that CLD (Town Engineer had reviewed and provided recommendations).  Mr. Danevich said that the plan would be coming before the Planning Board on the first Monday in June for possible resolution.  He said the Planning Board unanimously supported the easement and felt it would be in the best interest of the Town. 


Mr. Peter Zohdi, Herbert Associates and the lead engineer on the proposed project said there were three plans before the Planning Board, two of which had been submitted and the third was discussed in the past.  He went on to discuss the history of the subdivisions and where the proposed road would be located. He said that the Fire Chief’s concern had consistently been the road connectivity and access to Spring Street.  Mr. Zohdi noted that the owners of the surrounding parcels were, White, Harris and Stonepost.  He said that the Town did not own frontage onto Spring Street.  He said to gain the frontage onto Spring Street, he had to speak with the Fauvel family.  He said that the Fauvel’s were receptive to selling a parcel of land (37,000SF).  Mr. Zohdi said that his clients would purchase the land and deed it to the Town, but in turn, would like the Town to grant an easement through the deeded parcel of approximately 350’ long and 50’ wide so that a connection to Spring Street could be made.  Mr. Zohdi said that Mr. Tom Sommers, CLD (Town Engineer) provided the Planning Board with a road profile that discussed the possibility of lowering the road (Samuel Drive) grade.  He said he would work with CLD, Planning Board and the Planning Director to resolve.  Mr. Zohdi ended by saying he was seeking the final approval to move forward with the plans. 


Mr. McDevitt discussed the pond and said that it was a beautiful location and ideal for passive recreation.  He was concerned with the proximity of the proposed road to the pond and the impact to the area due to noise and traffic.  He also discussed his concerns with the pond’s absorption rate of nutrients and believed it would be adversely affected.  Mr. Danevich said the focus was on the 50’ easement, and that most of Mr. McDevitt’s concerns would be addressed in two separate phases during the Stonepost subdivisions.  He went on to discuss the three phases and what would be developed in each.  He noted that the proposed road grade would be 20’ - 30’  lower than the pond.  He said that the second phase was still under consideration by the Planning Board.  Mr. Danevich said that the traffic impact study addressed the traffic increases.  He said that part of the negotiation of the parcel would be to have a developer clear a portion of the area, create a trail head that would connect the Town parcel to the proposed conservation easement with a walking trail all the way around.  He said the Planning Board also wanted to work with the developer regarding signage.  He noted that the topography was not appropriate for fields, but would be ideal for passive recreation. 


Mr. Lynde discussed the drainage and wanted to know if the runoff would be diverted away from the pond.  Mr. Zohdi said that the road would be between the two existing culverts and would not require waivers.  He said that the road would also have cape code curbing so that the drainage would be in the road and through a series of catch basins.  Mr. Zohdi noted that the velocity of drainage could not change from pre development to post development, per the state rules.  Mr. Zohdi discussed the possibility of moving the proposed road 130’.  Mr. McDevitt wanted to know if the proposed road was moved, what the distance would be from the pond.  Mr. Zohdi said the proposed road would be approximately 300’ - 400’ from the pond. 


Mr. Farris asked how the proposed plans would be effected if there was no connecting road.  Mr. Danevich said that the developers had already made the determination to connect the road.  He said the question was if the connecting road would remain straight and go through the Town parcel for safety purposes, or if the connecting road would have hairpin turns and a close proximity to the pond.  Mr. Danevich said that the proposed parcel would stay in its current natural state.  He said the number of lots or houses would not be impacted. 


Mr. Farris asked what the time difference would be for Police or Fire service if the connection was made.  Fire Chief Fisher said the Fire apparatus would gain approximately 5 - 7 minutes.  Police Chief Haglund said that the Police cruiser would be a bit quicker than the fire apparatus. 


Mr. McDevitt asked why the alternative plan was less desirable.  Mr. Danevich discussed phases I & II and the fact that conservation land had been deeded.  He explained that an alternative connection could be gained through an old fire road, which met current regulations.  He said that the Planning Board pulled the option off the table when the consideration was given to create a conservation easement.  Mr. Zohdi reiterated that the Police and Fire Chiefs both wanted a connection for safety purposes. 


Mr. McDevitt noted that the Fire Chief wanted a fire substation and wanted to know if he had an idea where it would be.  Fire Chief Fisher said that the desired location would be on Shephard Road, one or two lots in from Ledge Road.  Mr. McDevitt said there were concerns with the location because of the possible change in the nature of the neighborhood.  He felt there should be a discussion so that residents in the neighborhood could be clear as to what the Town was planning.  Mr. McDevitt asked if the Planning Board would be amiable to having the right-of-way be less wide than a typical residential street.  Mr. Danevich said the Planning Board could take it into consideration, but was doubtful, based on the road profile.  He said that only two roadways had been reduced from 26’ to 24’.  He noted the problems with having a narrow roadway and said generally hourglass configurations were not created. 


Mr. Scanzani said that the Planning Board had been working on the Spring Street connectivity since the late 1980’s.  He noted that with the purchase and deeding of the Fauvel family parcel, the Town would gain access to its parcel and make the future road design safe.  He said the Planning Board was reviewing the safety of the road, not just from the fire safety standpoint.


Mr. Farris asked if either the Fire or Police Chief wanted to make any additional statements.  Fire Chief Fisher believed that his concerns had been heard.  Police Chief Haglund asked that designs be made in accordance with addressing future calls from the residents.   


Mr. Danevich informed that the cost of the proposed 350’ road segment through the Town parcel would be paid for by the developer and would extend into any inspection fees and normal process, including bonding.  He said that the trailhead would be a negotiating point.  He said there had been dialogue regarding the construction sequencing and discussions with the Fire Chief to alleviate concerns of creating the second egress.  He said the Planning Board would appreciate any recommendations regarding signage.  He asked that due diligence be given to any legal agreements (e.g. bond contracts, inspection fees).  Mr. Danevich said that traffic calming methods had been implemented, such as adding turns. 


Mr. Lynde was in favor of the connection through the Town parcel, but concerned with the steep slopes and the creation of a straightaway.  Mr. Danevich said that the Planning Board had implemented road design features, such as bends in the road, and would take the concerns under consideration.




Ms. Deb Waters, resident, was concerned with the amount of square feet taken up for the road and what amount of land would be dedicated to the Town.  Mr. Zohdi said that 37,881SF would be dedicated to the Town, out of which, 17,500SF would be the size of the road.  Ms. Waters asked that the Mr. Zohdi note the proposed parcel on the plan.  Mr. Zohdi said that the parcel was not correctly noted on the Town tax map but went on to note the general area currently owned by the Fauvel family.   


Mr. Bergeron made a motion to allow the developer to construct the connection road.  Mr. Lynde seconded.  He wanted to have the concerns raised by the Selectmen be included in the process.  Mr. McDevitt asked that the motion include the consideration of narrowing the road and keeping the road away from the pond.  He felt it diminished the pond’s value.  He wanted it understood that the decision was not contingent upon the existence of a Fire Department substation.  Mr. Bergeron amended his motion to include Mr. Lynde and Mr. McDevitt’s comments.  Mr. Lynde amended his second. 



(Bergeron/Lynde) To allow the developer to put a road approximately 350’ long by 50’ wide through Town owned land, as explained by the Chairman of the Planning Board for Town safety.  Concerns raised by the Selectmen regarding the impact of the land as well as narrowing the road and keeping it as far away from the pond shall be taken under consideration by the Planning Board.  Such authorization of the road is not contingent upon the existence of a Fire Department substation. 




(5 - 0 - 0) The motion carries.


Mr. Danevich asked that the Planning Board receive a written letter from the Selectmen for the file.  Mr. Clay Mitchell, Interim Planning Director has composed an agreement between the developer and the Planning Board, which was reviewed by Town Counsel and would be submitted to the Selectmen for signature at the next meeting. 


Planning Board - General Discussion


The following Planning Board members met with the Selectmen for a general discussion: Mr. Victor Danevich, Chairman; Mr. Bill Scanzani, Secretary, Mr. Peter McNamara, Mr. Henry DeLuca, Mr. Ray Brunelle, and Mr. Clay Mitchell, Interim Planning Director.  


Mr. Danevich said he would like to discuss the road naming procedure with the Selectmen.  He said that the Planning Board had implemented a procedure in June, 2001 for handling road names.  He noted that there had been a motion on the table so that no names be included on plans when they come in for approval.  He said that a further improvement to the guidelines and asked that the Selectmen provide a formal procedure to be added to the application process.  Mr. Farris said that the Selectmen would be discussion the guidelines later in the meeting.  He discussed the difficulties of the current process and was hopeful that the new guidelines will help ease frustrations.  Mr. McDevitt asked if a plan could be deemed incomplete until road names were approved by the Selectmen.  Mr. Danevich said that an application was deemed complete if all the information was included on the paperwork.  He said the content was reviewed once the plan’s engineering was being reviewed.  There was a brief discussion regarding at what point street names should be approved, which lead to a conversation regarding the current procedure and if it were being followed. 


Mr. Bergeron felt that a uniform checklist would help the process.  Mr. Danevich said that the Planning Board adopted a checklist into the regulations on November 18, 2001.  Mr. Bergeron asked if the procedure worked.  Mr. Danevich believed that it did.  Mr. Lynde affirmed that the checklist was in place and felt that the street name process would work, once in place.  Mr. Mitchell felt that the root of the problem was the lack of staff time. 


Mr. McDevitt noted that he provided the Selectmen with a draft guideline and said that the Planning Board could also review.  Mr. Danevich noted that the last three people that reviewed a plan was himself, Mr. Scanzani and Mr. Mitchell.  He said the plan could not be recorded until all three signed it.  He said that plans would not be signed off on until a memo was received from the Selectmen stating that a road name was approved.  Mr. Farris provided a copy of the draft guidelines to Mr. Danevich for Planning Board review.    


Mr. Danevich provided a technology update.  He discussed the process of reviewing plans and said that he and Mr. Mitchell were investigating certain types of technologies (i.e. overhead projector type machine, more microphones) so that residents in the larger meeting room and at home could view the plans and hear the proceedings clearly.  Mr. Farris discussed the possibility of setting up a DVD system for the storage of plans.  He said that developers could provide a DVD and a mylar when submitting a plan.  He said that old plans could also be scanned for better storage.  Mr. Danevich said that the most significant thing would be the ability to retrieve electronic files, such as traffic studies.  He then discussed GIS systems and the importance of the Planning Department having such a system.  He said that the Planning Board continued to work with NRPC, but the information took time to be obtained and was rarely exactly what was requested. 


Mr. Scanzani said that the Police Department would probably attend GIS classes and asked if Mr. MacQueen could inform the Planning Board and Conservation Commission members so they could also attend. 


Mr. Danevich discussed the Planning Board’s dependence upon the Conservation Commission and noted that the Conservation Commission was in need of a Recording Secretary. 


Mr. McDevitt felt there may need to be a discussion regarding Planning being self-sufficient, in terms of paying for itself.  Mr. Mitchell said the statutes provided flexibility of Planning’s funds.  He said that fees could be assessed and funds could be raised to upgrade Planning’s systems.  He said it was unclear who to go to for certain needs and approvals.  Mr. Farris suggested Mr. Danevich schedule time with Mr. MacQueen to meet with the Selectmen when a purchase plan was created. 


Mr. Danevich said that one of the most frequent questions asked was why the Planning Board approved everything, which was farthest from the truth.  He said that if an approval was granted, it was the result of multiple public hearings.  He noted that public comment was always received for approvals, but not for denials. 


Mr. McDevitt said he had received comment regarding the need for passive recreational parks for aging residents.  Mr. Danevich said the Planning Board fully supported such areas, but there was a fine line between land taking.  He said Mr. Mitchell had briefed the Planning Board and said there needed to be a basis for the retention of land.  He said an initial outline for the Park and Recreation had been received, but had yet to receive a substantive report of requirements for land.  Mr. Scanzani noted that most of the flat areas in Town had been developed and now the hill areas with conservation issues were coming before the Planning Board.  Mr. Danevich said that Mr. Tryon (Park & Rec.) had publicly requested help from NRPC.  Mr. McDevitt said he would discuss with Mr. Tryon.  Mr. Scanzani said that CIP didn’t have a concrete plan either.  Mr. DeLuca noted that until a parcel was reviewed, financial guidance for developing the parcel would be difficult. 


Mr. Lynde discussed the need for passive and active recreation areas.  He said there was a need to collectively have a plan.  Mr. Danevich noted that some surrounding communities obtain recreational ball fields by collecting impact fees, and had been doing so for seven years. 


Mr. Danevich said he discussed with a real estate agent the reason that the Town was attractive for people to relocate to.  He said that the agent told him Pelham was attractive because of the new school, municipal building and the low taxes.  Mr. Lynde noted that the recreation in Town was also desirable.  There was a brief discussion regarding how the Town was being operated in an affordable fashion.  Mr. Scanzani noted there was a need for a strong CIP as well as the enacting of impact fees so the new people moving into Town can pay for the additional services they want. 


Mr. Bergeron asked if the Planning Board had enough time for their agendas.  Mr. Danevich said the Planning Board could do two things: 1) reduce volume coming in (he was unsure how that could be accomplished), and 2) more engineering help outside the meetings.  He said that NRPC had offered to hire a temporary circuit writer who could perform the initial review of plans for consideration.  He said the position could be paid for with an increase in Planning Department fees.  He said the three largest developers in Town were willing to pay an increased fee structure.  Mr. Farris said the pros and cons of the position should be reviewed.  Mr. Danevich said the position would be on a fixed piece basis, not a set number of hours per week, therefore if no applications came in, there would be no cost.  Mr. Farris suggested reviewing the overall staffing of the Planning Department.  Mr. Scanzani noted that having the other Town inspectors work on a part time basis compounded issues. 


Mr. Farris noted that the Fire Chief, the Building Inspector and the new Code Officer would be meeting with the Selectmen at the next meeting to review job responsibilities.  Mr. Danevich said he could also attend the meeting and provide further information about the job responsibilities of, and charges for, a circuit writer. 


Non-public session per RSA 91-A:3, II, (e) Planning Board Litigation





(McDevitt/Bergeron) Request for a non-public session per RSA 91-A:3,II, e (Planning Board Litigation)




Mr. Farris-Yes; Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes


The Board entered into a non-public session at approximately 9:05 pm.  Also present were Mr. MacQueen (Interim Town Administrator) and members of the Planning Board - Mr. Danevich, Mr. Scanzani, Mr. McNamara, Mr. DeLuca and Mr. Brunelle.


The Board returned to public session at approximately 10:00 pm.




Coombs Junkyard License Application


Mr. Farris said that due to the length of the Planning Board discussion, he had asked the applicant if they would be willing to either stay, or return next week.  He said the applicant would return next week and be heard at a 7:30pm appointment. 


Street Name Guidelines


Mr. McDevitt said he presented the Selectmen with a draft copy of street names guidelines.  He suggested that first and last names of individuals not be used.  He discussed what types of names would be acceptable and what would not be acceptable. 


Mr. Farris said that Mr. Mitchell was provided with a copy of the guidelines to incorporate into the guidelines he had set.  Mr. McDevitt suggested taking a vote regarding the guidelines.



(Lynde/Bergeron) To adopt the guidelines and pass them on to the Planning Department to be made available to people creating new subdivisions. 




(5 - 0 - 0) The motion carries.


Town Clerk/Tax Collector Pay


Mr. McDevitt said he had been asked (not by Ms. Dottie Marsden) if the $41,200 salary for the Town Clerk/Tax Collector was fair, or should be raised.  He noted that Ms. Marsden had a great deal of experience and had been running the office since Ms. Derby left.  He asked for the Selectmen’s opinion regarding raising the salary.  There was a brief discussion regarding the $41,200 salary, which was what was budgeted for the position, not for an amount of experience.  After further discussion, the Selectmen decided to maintain the current salary. 


Municipal Project


Mr. McDevitt said the survey done by CLD was received.  He noted that Monday, May 20, 2002 Breadloaf would meet with Department Heads to begin to firm up design changes.  He said they would perform further structural review of Sherburne School, if the date is okay with the Superintendent of the School. 


Mr. Lynde said that he had worked on the technology side of the project with Breadloaf and would provide the Selectmen with a memo summarizing the meeting. 


Town Hall Steps


Mr. Farris said that the replacement of the Town Hall stairs should be completed by the end of the week.




Request to proceed with Tennessee Gas Appraisal


Mr. Farris said a memo had been received by the Town Assessor which recommended the Selectmen waive the RFP process and authorize the Town Administrator to enter into an agreement with San-Soucy Firm with the amount authorized to carry out the Tennessee Gas appraisal.



(Derby/Lynde) To authorize the Town Administrator to enter into an agreement with the San-Soucy Firm to carry out the Tennessee Gas appraisal.




(5 - 0 - 0) The motion carries.


Mr. Lynde added that the prior appraisal done on the old gas line was supposedly done by a company thought to be competent, but was not.  He said that the Town needed an expert so that whatever was done, would hold up in court. 




Mr. MacQueen informed that the Selectmen were invited to the E.G. Sherburne School final closing assembly June 14, 2002 at 2pm.  He said the bridge review committee held a meeting and narrowed the companies to complete the work down from fifteen to five.  He said the companies would be interviewed on May 24, 2002.  He was hopeful that the codification summary could be sent out to General Code by week’s end.  Mr. MacQueen ended by saying that Town Counsel had reviewed the highway regulations adopted approximately a month ago and had wording changes.  He suggested reviewing the document and readopting with the changes so it could be included with the codification. 



(McDevitt/Lynde) To readopt the standard operating procedures number 02-01 - Winter operation for snow and ice control.  (SEE ATTACHMENT)




(5 - 0 - 0) The motion carries.


Mr. Bergeron informed that the Board of Adjustment elected new officers.  He said that he spoke with Mr. Larry Nesky of the Transfer Station who informed that removal and installation of the new fuel pumps would take place May 15, 2002.  He said that several areas had been loomed and seeded and that mulch and flowers had also been planted.  Mr. Bergeron said that the yard area had been swept and washed down and was looking good. 


Mr. Derby  said he had reviewed the books for the various contractors and made recommendations with regard to the Castle Hill and Tallant Road bridges.


Mr. McDevitt said that he had attended the Park and Recreation meeting.  He informed that an alarm system failed to work during a break in and vandalism at Veterans Memorial Park.  He said that there had not been any major complaints regarding the fee increase for the summer program.  He said that Little League had donated $1424 worth of materials for the fields.  He said that the donation had never fallen under the donation policy and Mr. Tryon should be made aware of the procedure.  He pointed out that Little League volunteers had worked approximately 40-hours per week that the taxpayers did not have to expend.  He noted that the Razorbacks had also donated $450 in materials to Muldoon Park.  Mr. McDevitt ended by saying there had been sort of an ongoing issue with the School District charging the Park and Recreation Department for use of the gymnasiums, but that Park and Recreation did not charge the School District for use of the fields.  He said the Selectmen would have to discuss the issue with Mr. Tryon. 


Mr. Farris said that there had been a bomb scare at the Post Office.  He said the Nashua bomb squad came and notified that it was a false alarm. 





(McDevitt/Derby) Request for a non-public session per RSA 91-A:3,II,a & e (personnel & legal).




Mr. Farris-Yes; Mr. Lynde; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes


Mr. Farris noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting.  The Board entered into a non-public session at approximately 10:25 pm.  Also present was Mr. MacQueen, Interim Town Administrator. 


The Board returned to public session at approximately 10:29 pm.




(McDevitt/Derby) To seal the minutes of the non-public session indefinitely.




(5 - 0 - 0) The motion carries.




MOTION:           (McDevitt/Derby) To adjourn the meeting.


VOTE:                 (5  - 0 - 0) The motion carries.


The meeting was adjourned at approximately 10:30 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary