APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

March 4, 2003

APPROVED – March 25, 2003

CALL TO ORDER

PLEDGE OF ALLEGAINCE

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

MINUTES REVIEW

February 18, 2003

The amendments to the minutes were as follows: page 7, paragraph 5, 4th line - the sentence shall begin ‘He said a letter’; page 5, paragraph 5, 3rd line - the sentence reading ‘Mr. Silverman asked if a stipulation could be placed so that a class 5 road could be built...’ shall be amended to read - ‘Mr. Silverman asked if a stipulation could be placed so that a class 5 road could not be built...’

OPEN FORUM

Mr. Mike Crooker - Troop 25, Andover Street, said his Eagle Scout project was to build a lifeguard tower and stock it with emergency equipment.  He said since the cost would exceed $500 he was required to seek the approval of the Selectmen. 

Mr. McDevitt asked if Mr. Tryon was in favor of the project.  Mr. Crooker answered yes.  He said the project would start once he received district approval. 

Mr. Lynde arrived. 

Mr. Bergeron asked what the total cost would be.  Mr. Crooker said the cost would be approximately $792. 

Mr. Leo Doherty, Robin Road said that thirty-five signatures had been collected from the neighborhood regarding the plowing of the development.  He read aloud a letter submitted to the Selectmen which outlined a problem the developer and the Planning Board had.  He discussed the problems the residents had regarding the plowing.  He said that after complaints during this winter the developer paid the Town for plowing, but in doing so, the developer’s attorney turned around and charged the residents for reimbursement of funds expended.  Mr. Doherty said that the residents were requesting that the Selectmen become involved in the situation so that the problems with the developer and the Town could be addressed. 

Mr. Lynde believed that there were funds set aside and a plan had been created to resolve the issues.  He said the basic reasons for the road not being placed on the Town warrant was because the road had not ‘over-wintered’.  His understanding was that the Planning Director had worked with the developer to resolve the issues.  Mr. Doherty said he spoke with the Planning Director, who informed nothing was currently being done to rectify the problem.  Mr. Lynde believed that something had been worked out several months ago.  He said that the problem should conclude this spring, and that he would follow up regarding the status and report back to the Selectmen.  Mr. Farris said that the Planning Director would be asked to become involved with the issue.  He asked that the Selectmen follow up with the issue.  He said that the drainage issue would be reviewed in the spring, but that direction would be given to the Planning Director.  Mr. McDevitt suggested that an agenda item be added to the April 1, 2003 agenda.

APPOINTMENTS

DREDGE AND FILL PERMIT APPLICATION, Mr. William Hayes

Mr. William Hayes, Pinewood Drive met with the Selectmen to discuss items pertaining to the improvement of Raymond Park. 

He requested that the Selectmen authorize the Chairman to sign a dredge and fill permit, which would allow for the collapsed cross-culvert to be fixed on Baldwin Hill Road, as well as sign the authorization to sign a state driveway application permit, which would allow a second access to Mammoth Road.  He said the permit would not authorize the work.  He discussed the driveway access and noted that 95% of the traffic would be turning left, using the existing driveway, and the fact that there would be a mandatory right turn at the new driveway. 

Mr. Hayes requested that the Selectmen authorize the Park and Recreation Department to spend the remaining reforestation grant money to reforest the side slopes of the new fields and the area between the new fields, as well as the mitigation of the wetlands at Raymond Park.

Mr. Hayes authorize the Chairman to sign the federal grant contract addendum which would allow $5000 (of the money not tied up) to be spent for preliminary work at Raymond Park.

Mr. Hayes said he would like to see the street renaming problem resolved in a way to maintain the name Gage Hill. 

PUBLIC HEARING, Street Renaming

Mr. Bergeron discussed his understanding of the street re-naming process to clear up names that were similar to ease emergency response.  He believed that the Fire Chief had written letters and spoken with the residents to help with the transition.

Mr. Farris opened the public hearing to residents.

Ms. Carol Theoharous, Partridgeberry Lane requested that Partridgeberry Lane be changed to Primrose Lane.

Mr. John Scalia, Robin Road said that the residents had provided a list of names that kept with the 100-Acre Woods theme and requested that the road name be one of those contained on the list, not Finch Road as currently listed.

Ms. Marlene Sargent, Willowvale Avenue said she and her neighbors opposed Freedom Lane.  She said that the neighbors created a list for review as follows: Vale, Free Vale, Fair Vale, Fair View, or Farm View.  She said that the neighbors would sign a petition, if necessary.

Mr. Mike Berthiaume, Keilty Avenue said he was not in favor of Ladybug Lane.  He proposed Lyons Way.

Mr. Jim Hogan, Cindy Circle, discussed the difficulty residents would possibly have with their records at the Registry of Deeds.  He said that the costs associated with the proposed changes were unknown.  Mr. Bergeron asked if the Registry of Deeds would need notification for a street number change.  Mr. Hogan said the Hillsborough Registry of Deeds didn’t index parcels by street.  He asked that the Town create a list of affected parcels to be submitted to the Registry of Deeds so that residents wouldn’t be faced with hassles when selling, buying, or refinancing.   

Mr. Alan Potts, Irene Drive was unsure why the street names needed to be changed.  He wanted to know what the associated costs would be for the Town and the residents.  His understanding was that residents would have to go through the process twice due to street name changes, and then street number changes.  Mr. McDevitt said that for E911, the entire Town would go through renumbering so that a number would be assigned every 50ft.  Mr. Potts asked what the timetable would be for the changes.  Mr. Farris said the public hearing was being held to determine the resident’s opinion regarding proposed street names. 

Fire Chief David Fisher explained that the renaming and numbering process was occurring due to the safety requirements of E911 response.  He said that a lot of work had been done on the project with the help of the Road Agent, Planning Department, Planning Director, Town Administrator, Police Chief, Dispatchers and everyone else involved with safety.  He said the overall safety to the residents was the important issue.  He noted that the Postal Service also reviewed the situation.  Chief Fisher briefly explained the E911 system.  He said currently a 911 call was route through Concord by computer and then relayed to the Town by verbal confirmation.  He said E911 would use a GPS machine, which would take a reading of each home and street location.  He said once the Town was mapped, the street numbering would be done in 50ft. increments.  He further explained that the new system would route 911 calls over the computer, so that out of town dispatchers could still dispatch emergency vehicles to the proper location.   

Ms. Adel Cerri, Andrew Lane said that the original letter didn’t specify public safety and believed residents wouldn’t have as many concerns if safety was specified.  She believed that the names and numbers should be changed at the same time.  She asked if a formal nonfiction would be sent so that residents didn’t have a problem with proving the length of time they resided at their residence.  She was also concerned with the associated costs to the residents to have legal documents (i.e. deeds) changed.  Fire Chief said that E911 would not do the numbering in Town until the street names had been determined.  Mr. Farris believed that the Town would notify county records of the changes, at which point the people involved in the situation would also be involved.         

Mr. Al Letendre, Irene Drive, was also concerned the possible associated costs to residents.  He asked if car registration fees would be waived for affected people.  Mr. Farris believed that during registration time, a new address notification would be given at that time. 

Mr. Doug Masson, representing the Post Office, said that he had working with the committee regarding the changes.  He said the vehicle title and licenses had no associated costs, a card needed to be filled out and submitted to the Town Hall.  He said that included in the mailing to affected people will be change of address cards to ease the transition.  He said once the street names and numbering had been completed, the Post Office should be provided with the list of affected areas.  Approximately thirty days later, residents will receive the address change information packs, at no cost to the Town.  Mr. Lynde confirmed that no changes would occur until all the street names and numbers were determined.  Mr. Masson answered yes.     

Mr. Letendre suggested that Irene Drive be changed to Coyote Drive.

Mr. Mark Silveira, Robin Road felt the logical procedure would be to change the names and numbers of the streets at the same time.  Mr. Farris said that the state would need to be coordinated regarding the timeframe for the changes. 

Mr. John Laferty, Tall Oaks Drive, proposed that his street be changed to Stonewall Drive, Yankee Way, or Old Maple Road. 

Ms. Madeline Carrier, Old Gage Hill Road, said that she signed a petition to have her street name changed to Harris Pond Road.  She felt that there should be only Gage Hill Road, on the main strip. 

Mr. Walter Kosik, Gage Hill Road North, also felt that the main section of Gage Hill Road should remain. 

Mr. Bill Richardson, Meadowview Road, suggested that his street name be changed to Montecito Road or Monument Hill Road.   

Mr. Phil McColgan, Old Gage Hill Road discussed the history of his road, which was named in the 1600’s.  Due to the history of the road name, he didn’t want the name to change. 

Mr. Greg Pelletier, Partridgeberry Lane, would like his street name to be changed to Primrose.

Mr. Brian Karcz, Old Gage Hill Road North, said that he signed the petition for his road name to change, but would now like to retract his name.  He asked that his street name remain the same.

Mr. Alan Hicks, Willowvale Avenue wanted to know the length of time the mail would be delivered from the old address once the changeover was complete.  Mr. Masson said that the post office would forward mail for one year. 

Mr. Alan Potts, Irene Drive, requested that the proposed Patriot Way be changed to Patriot Drive.  He asked that every effort be made to change the road names and numbers at the same time. 

Mr. Gaydos urged the Selectmen to finalize the road names that were not in question so that the process could move forward.  Mr. McDevitt felt that the cost to the residents should be reviewed.  He asked for a resolution to the question of having the street naming occurring simultaneously with the street numbering.  Fire Chief Fisher said that the street names had to be resolved before E911 would come to Town to do the numbering.  Mr. Masson said that the names and numbers had to be done at the same time, but residents should not make the changes until 30-days after the official notification. 

After further discussion, it was understood that the road name changes would only be on paper to trigger E911 to number the Town’s streets.  Once the Town was numbered, the Post Office would send an official notification (including appropriate address change cards and guidelines), informing residents to change their street names and/or numbers after a 30-day period.  

Mr. Walter Kosik asked if the proposed changes were mandated by the state.  Mr. Lynde said that if the Town wanted the E911 services, there were certain requirements that had to be complied with. 

Ms. Carol Theoharous wanted to know if the residents would be notified if the suggested names were not approved.  Mr. Gaydos said that the residents would receive additional notification of when the road name would be reviewed for approval.

There was additional testimony from residents questioning the emergency response.  It was reiterated by the Police Chief that the current 911 system was relayed from Concord verbally, and not by computer.  He said once the E911 system was in place, the emergency dispatch would have the capability to be relayed by computer to ensure accuracy during response.  Chief Fisher noted that Gage Hill Road was not originally going to be reviewed by the Safety Committee; he said that because it was submitted by petition, alternate road names were considered.

The following road name changes were approved:

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The following roads will be further reviewed:

Davis Way

Irene Drive

Keilty Drive

Meadow View

Old Gage Hill Road (which included Gage Hill Road North, Gage Hill Road South and Old Gage Hill Road)

Partridgeberry Lane

Robin Road

Tall Oaks Drive

Willowvale Avenue

OLD BUSINESS

Municipal Building

Manifest/change-order approval - Mr. Gaydos requested that the manifest be signed by the Selectmen for $616,611 (which constituted 65% completion of construction).  He also requested that the manifest be signed by the Selectmen for $14,140 (which constituted 87% of the design).  He also presented the following change orders for Selectmen approval as follows: 1) repairs to the north doors to the gymnasium; 2) replacement of hardware only to double doors; 3) replace glass and paint existing doors - cost of which is $2153. 

He said that a walk through had been done with several department heads and it was recognized that additional data and power drops would be needed in the amount of $546. 

Mr. Farris confirmed that there would be adequate contingency remaining to cover potential or ongoing issues.  Mr. Gaydos said that $269,350 was being retained. 

Draft donation program - Mr. McDevitt provided the Selectmen with a draft tree donation program, which would eventually be included on the Pelham Web Site.  He asked that the Selectmen review the draft and provide comment for approval at the next scheduled meeting.  There was a brief discussion regarding the types/location of the trees, as drawn up by the landscape architect. 

Regional Water District

Mr. Bergeron informed that the last meeting of the Regional Water District was February 27, 2003.  He said they were moving along with the charter and would hold their next meeting on March 13, 2003.  Mr. Bergeron asked the status of the $50 check.  Mr. Gaydos said that it was being processed this week. 

Town Report

Mr. Gaydos informed that the Town Report was now available at the Town Hall, Library, Senior Center.  He said that additional locations would be chosen and listed on the Web Site. 

Issuing Building Permit for Class 6 Road - (Jeremy Hill Road)

Mr. Lynde stepped down. 

Mr. Farris informed that Attorney Paul DeCarolis forwarded the Selectmen information regarding issuing building permits for Class 6 roads, which was forwarded to Town Counsel for comment that has since been received.  He said that Fire Chief David Fisher had reviewed the Jeremy Hill Road Class 6 site to determine the accessibility of emergency equipment.  Mr. Farris read aloud a portion of Chief Fisher’s letter which noted that the road would need to be upgraded to allow emergency vehicle access, and a turn-around would be needed.  At this time, without additional information, the Fire Chief did not feel a building should be granted. 

Mr. Bergeron recalled the Selectmen discussing the issue and the fact that it would be an agenda item.  Mr. Farris said now that Town Counsel’s opinion had been received, the Selectmen would need to make a decision on how to proceed.  Mr. McDevitt said there had been a question regarding the road status and if it had been closed.  To satisfy his curiosity, he accessed a University of New Hampshire web site that contained a topography map from 1935 - 1946 that clearly delineated the Mansfield property and the proposed property.  He believed that the evidence was clear that the 1934 Town Warrant Article did not close the portion of road located at the proposed property. 

Mr. Hal Lynde, Jeremy Hill Road addressed the Fire Chief’s letter and said he had no problems with its content.  He said that overgrowth would need to be cleared out.  He said he was not proposing a cul-de-sac within the right-of-way, but instead a circular driveway would be proposed with a sufficient turning radius.  He felt the proposed plan could be approved conditioned upon the Fire Chief’s requirements being achieved prior to a building permit being issued.  He said he had a requirement to hold the Town harmless, to obtain proper state approvals and to adhere to all the Town’s regulations.  He said no waivers would be requested.  Mr. Lynde said that the Fire Chief informed there was no need for additional fire protection since the only proposed building would be a single residence.  He went on to read aloud a letter of understanding regarding the status of Jeremy Hill Road and the road status for the portion in front of the proposed parcel.  He cited RSA 229:1 (Highways) and discussed the current road standards.  He said that an attorney was hired to handle the case because of his position as Selectmen.  He said if he were not a Selectman, he could have gone directly to the Zoning Board of Adjustment.  Mr. Lynde reiterated that he would meet all Town requirements.  He said he was not asking for anything more than any other person.  He agreed with the Fire Chief concerns and said that he would comply. 

Mr. Bergeron asked if the parcel was land locked and wanted to know if additional access could be achieved.  Mr. Lynde didn’t feel there was additional access.  He said theoretically, he could combine his existing lot with the proposed, and build a road and subdivide the 35 acres, but that was not the intent.  Mr. Bergeron discussed the possibility of going directly to the Board of Adjustment.  Mr. Gaydos discussed the correspondence from Town Counsel and noted that the statute required that comment be received by the Planning Board, which had already been received.  He said a secondary choice for the applicant, was to go to the Board of Adjustment.  He said the Board of Adjustment’s rules for making a decision were clear, but the Selectmen’s decision was not a quasi-judicial decision, but rather a policy choice of whether the Selectmen wish to allow the building on a Class 6 highway.  Mr. Bergeron asked if others would be able to also use the road.  Mr. Gaydos said that certain portions of the regulations would apply, and anyone else wanting access off the class 6 road would be required to come before the Selectmen as Mr. Lynde was doing.  He said if Mr. Lynde received an approval to his proposal, the Selectmen may find it difficult to deny someone else coming forward with a similar request.  Mr. Lynde noted that there was only one other parcel that could request access, but they may choose to have access through Gibson. 

Mr. Bergeron asked if the length of the proposed driveway access would be approximately the same distance if the proposed parcel was combined with Mr. Lynde’s existing lot.  Mr. Lynde answered no.  Mr. Farris believed that Mr. Lynde’s intent was to sell his existing parcel when the proposed home was built.  Mr. Lynde noted that the Town would not allow an easement over someone’s property for access to an abutting parcel.  Mr. Bergeron was concern with the Fire Chief’s comments.  He believed there were other alternatives available (i.e. Board of Adjustment).  Mr. Lynde said that his Attorney made the decision to come before the Selectmen.  If he were doing the process on his own, Mr. Lynde said he would have gone before the Board of Adjustment.  He said all the requirements for a variance would have been met.  He said the statute for getting permission for a building permit from a Class 6 road was laid out by two separate paths; 1) going before the Planning Board to the Board of Selectmen, 2) going directly to the Board of Adjustment.  He said his attorney suggested going before the Selectmen. 

Mr. McDevitt noted that the Selectmen had granted similar requests twice in the past.  He felt if the Fire Chief’s concerns could be satisfied, that there were no additional questions. 

Mr. Farris said that in Town Counsel’s opinion it was stated that a deed restriction for no further subdivision could be placed on the plan, but it was unclear how it would stand up in court.  He further reviewed Town Counsel’s opinion which noted that the landowner could be required to repair any road damage occurring to the Class 6 road during construction.  He said if an approval was coming, conditions should be stipulated. 

Mr. Derby was concerned that protected vegetation may be disturbed.  Mr. Farris said that the Planning Board, on many occasions had approved plans based upon favorable site walks. 

Mr. McDevitt made a motion to grant the building permit on the Class 6 highway subject to: 1) satisfying the requirements of the Fire Chief; 2) the applicant would sign a waiver relieving the Town of liability for damages; 3) granting the access for the first 1400ft. of the road; 4) the applicant is to discuss with the state the presence of rare and endangered plant species; 4) the applicant agrees to not further subdivide the property.  There was no second to the motion.  Mr. Derby asked that a site walk be performed.  Mr. McDevitt said he was willing to do a site walk. 

Mr. McDevitt withdrew his motion. 

TOWN ADMNISTRATOR’S REPORT/SELECTMEN’S REPORTS

Mr. Gaydos told Mr. Farris that it was a pleasure working with him.

Mr. Derby wished Mr. Farris well, in his future endeavors.

Mr. McDevitt thanked Mr. Farris for his many years of service and all of his efforts.

Mr. Lynde thanked Mr. Farris for his years of service and for his representation on many board.  He then discussed the Planning Board meeting and the outcome of the discussions. 

Mr. Bergeron said he enjoyed working with Mr. Farris and thanked him for his public service. 

Mr. Farris thanked the Town’s residents for allowing him to serve.  He commended the residents for their participation with the meetings.  He thanked his fellow Selectmen for their support.  Mr. Gaydos and Ms. Willis were also thanked.   

REQUEST FOR NON-PUBLIC SESSION

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 9:52 pm.  Also present was Mr. Gaydos.

The Board returned to public session at approximately 10:35 pm.

ADJOURNMENT

The meeting was adjourned at approximately 10:35 pm.

                                                                                          Respectfully submitted,

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary