April 15, 2003

APPROVED – April 29, 2003






Mr. Harold Lynde, Mr. William McDevitt, Mr. Richard Derby, Mr. Jean-Guy Bergeron,

Mr. Victor Danevich


Also present:



Mr. Tom Gaydos, Town Administrator, members of the press and general public.




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




April 8, 2003



(Danevich/Bergeron) To approve the April 8, 2003 meeting minutes as amended.




(5 - 0 - 0) The motion carries. 


The changes to the minutes were as follows: under minutes review the word ‘jest’ is to be changed to the word ‘jist’.  Under Miscellaneous Discussion - the sentence that ends with “...regarding Robin Road and Honey Lane” shall be modified to include ‘...regarding Robin Road and Honey Lane being built in accordance to the approved plan.” ; the sentence regarding the Stonepost I subdivision shall be modified to read ‘ to the status of having it deeded to the Town...”; page 2 the sentence that reads ‘The Selectmen announced the following Board appointments’ shall be amended to read ‘The Selectmen announced the following recommendations for Board appointments’; after the list of Board recommendations the following sentence shall be added ‘A formal vote will be made at the 15 April 2003 Selectmen meeting’. 




The Scout Master and members of Troop 610 were recognized as being present.  The members observed a portion of the meeting. 




Council on Aging


Ms. Sue Hovling submitted a list of sixteen candidates for appointment to the Council on Aging.  Mr. Lynde read the names on the candidate list aloud.  He said the candidates would be voted upon during Old Business discussion.  (see below) 




Municipal Building


Technical Update - Mr. Danevich said that the RFQ for the data wiring in the Municipal Building was in the process of being completed, and should be ready within the next week.  He noted that that the current RFQ did not include updates to Sherburne Hall and suggested that the Sherburne Hall Committee coordinate with the Technical Committee for any additions (i.e. audio-visuals, PTV).  Mr. Danevich said over the past year critical pieces of equipment had been purchased and believed that there was now enough data to revise, and finalize the Technical Plan.  He asked that the Technical Committee reconvene once or twice to review the document so that a formal recommendation could be provided to the Selectmen for implementation.  The Selectmen agreed to have the Technical Committee reconvene. 


Mr. Gaydos thanked Mr. Danevich for his work drafting the RFQ.  He discussed the village green at the Municipal Center and what the original plan was.  He said a less expensive avenue to follow would be to put more loam down, and plant drought resistant seed.  He said that Mr. J. R. Gauthier, who did work at Raymond Park, could screen the remaining loam, spread three inches and put the remaining seed down for a  savings of $6,000.  He asked for the Selectmen’s authority to work the details out with Breadloaf and Mr. Gauthier.  Mr. Lynde wanted to know if there would be a problem with planting the trees before all the loam was spread.  Mr. Gaydos said the tree area would be built up, to assume the three inch difference.  The Selectmen appreciated the work Mr. Gaydos did to have the price lowered for work to be done to the village green.




(McDevitt/Derby) To authorize Mr. Gaydos to enter into an agreement with Mr. J. R. Gauthier to place the additional loam and the drought resistant seed (as specified by the landscape architect) on the village green area. 




(5 - 0 - 0) The motion carries.


Mr. Gaydos noted that the Municipal Building Committee would meet on Thursday.  He said that Building Inspector Roland Soucy had been asked to attend the meeting to ensure that everyone was in agreement with outstanding issues/questions. 


Mr. McDevitt said that the Police Department had spoken to Breadloaf about having a place made in the cement so they could insert the Police Department seal, which lead to a discussion regarding the Town seal.  He didn’t feel there was currently enough money for a seal.  He said a space could be made within the concrete (which could be taken out), in the event a seal was installed at a later date.  He said that the Municipal Committee would discuss and provide the Selectmen with a number for consideration. 


Basketball Courts - Police Chief Even Haglund and Officer Tim Kelleher met with the Selectmen to discuss the possibility of constructing basketball courts.  Mr. McDevitt said that Chief Haglund had met with the Building Committee regarding the possibility of basketball courts.  He said there had not been a formal presentation, but because the driveway was due to be paved.  He said if the courts were to be built, the conduit would need to be installed for lighting.  Chief Haglund reviewed showed the Selectmen the area where the basketball courts could be built.  He said the courts would be lit for multi-purpose use.  He noted that the money would come from the Pelham Police Association (no cost to the Town).  He also noted that the area could be flooded in the winter to create a skating rink.  He said the reason he was meeting with the Selectmen was because the area was due to be paved and the conduit would need to be run before the paving.  He asked for a commitment from the Board to proceed.  Officer Kelleher said the thought for the future was to implement a PAL (Police Athletic League) program for the community. 




(Derby/McDevitt) To authorize the Town to proceed in conjunction with the Pelham Police Association to put conduit under the driveway for future basketball courts.




(5 - 0 - 0) The motion carries. 


Mr. McDevitt noted that three people had come forward to make a donation for trees at the village green.  He said a few checks had been received for the Sherburne Hall Fund. 


Vote on Board/Committee Appointments




(Derby/Bergeron)  To appoint the following people to the Counsel on Aging: Frank Atwood, William Button, Irene Cove, Herbert Currier Sr. Joan Davis, Blanche Forest, Helen Harris, Eleanor Ingreham, Shirley Jenoca, Marcel Jennings, Harriet Mansfield, Kathleen Siloway,  Christopher Sintros, Otis Titcomb Jr., Virginia Titcomb, Barbara Tracy.




(5 - 0 - 0) The motion carries.


Mr. Danevich informed that Mr. Peter LaPolice had withdrawn his name as a candidate for the Zoning Board of Adjustment.  He said that Mr. LaPolice was stepping down for personal reasons. 




(Danevich/Bergeron)  To approve the following list of Board appointments for a term of three years, expiring April 1, 2006 (with the exception of the Sherburne Hall Committee, which term is indefinite):

Sherburne Hall : Mr. Tom Collins, Ms. Glennie Edwards, Ms. Laurie A. Hogan, Mr. Charlie Mooskian, Ms. Charlene Takesian, Ms. Joyce Mason

Park & Recreation: Mr. Dave Cate

Nashua Regional Planning Commission: Mr. Tom Collins

Conservation Commission: Mr. Bob Yarmo

Cable Television Advisory Committee: Ms. Holly Saurman

Planning Board: Mr. Bill Scanzani, Ms. Mary Robin Bousa

Board of Adjustment: Mr. Dave Hennessey




(5 - 0 - 0) The motion carries.


It was noted that there were still open positions for certain boards and a revised list should be posted on the website.  Mr. McDevitt pointed out that there may be a total of three positions for NRPC, not two, as previously thought.  It will be researched. 


Mr. McDevitt was appointed as the Selectmen’s Representative to the Sherburne Hall committee.


Update of street naming


Mr. Gaydos said that the Fire Chief would be making a presentation to the Selectmen on April 29, 2003, and based on that meeting, a public hearing would be scheduled. 




Reading/Award of bids for the maintenance of parks, sports fields and grounds of all Town buildings (warrant article 7)


Mr. Lynde said that the Town had approved (through warrant article 7) the maintenance of Town fields by a private contractor.  He said a request for bids had been sent out, with eight being received.  He said due to the time needed to prepare fields, the bids had been opened (after bidders were notified) April 14, 2003 at 10:00am.  Mr. Lynde reviewed the bids received and noted the bid amounts.


Park and Recreation Director Bob Tryon said he reviewed the proposals and noted that they all met, or exceeded the specifications.  He discussed the way in which the bids were reviewed, the first being the price, the second being the ability to work with the contractor.  He recommended Boyden Landscaping first, Patriot Landscaping second, and third TruGreen.  He went on to discuss the reasons for his recommendations.  Mr. Tryon said that a five-year maintenance program was in the process of being created for the Town parks.  He said both Boyden and Patriot would work with Mr. Tryon to help facilitate a plan. 





(Danevich/McDevitt) To award the contract to Boyden Landscaping (as recommended by Park & Recreation Director Bob Tryon) in the amount of $46,450.




(5 - 0 - 0) The motion carries.


Torrisi right-of-way over Town land


Mr. Gaydos provided the Selectmen with a brief history.  He said that an agreement had been signed June 2, 1998 regarding what rights were granted with regard to the Torrisi right-of-way (driveway access to a single-family home).  He said at the direction of the Selectmen from the Board meeting November 5, 2002, he wrote a letter to Mr. Torrisi regarding the access to his property, and asked what improvements that had been made.  The letter requested that a survey of the property be done to identify what improvements had been made, and to establishing a path for continuance.  Attorney James Troisi, representing Mr. Torrisi submitted a letter to the Selectmen, as well as a survey of the property submitted by Meisner Brem Corporation.  Attorney Troisi’s letter outlined the understanding of the contract between the Town and his client and believed that the survey should be a satisfactory response to the Selectmen’s request of November, 2002.  




Ms. Sandra Crawford, 13 Castle Hill Road said that she was a direct abutter to the 50ftx200ft. right-of-way to Mr. Torrisi’s property.  She informed that there had been excavating in excess of 50ft., which meant her 10ft. buffer had been lost.  She said that documentation, pictures, and a land encroachment survey had been submitted to the Town, but no response had been received.  It was her understanding that when Mr. Torrisi was granted 30ft, it meant he could not excavate any further.  She said that documentation had been supplied on numerous occasions that showed work had been done in excess of 30ft.  Ms. Crawford felt the Town had been negligent by not taking responsibility for the intended use of the right-of-way that was granted to Mr. Torrisi, which was for an access point and driveway into his property for a single-family home.  She said that her property had been damaged, the 10ft. buffer had been lost, there had been diminution of surrounding property values and payment of unnecessary survey expenses to protect her property.  She noted that a retaining wall had been constructed on her property without permission.  She went on to say that for twenty-five years a portion of the right-of-way was used, with no objection from the present owners for her driveway radius.  She questioned if the use, because of the length of time, entitled them to ownership of that portion.  She discussed what had been cleared and the number of trees that had been removed and the fact that drainage had been impacted. 


Mr. Bergeron asked if the roadway was in the center of the right-of-way.  Ms. Crawford said the road was off-center, closer to her property.  She said the survey plan showed the impact to her property.  Mr. Lynde discussed what rights had been granted to Mr. Torrisi, specifically a 10ft.-buffer to the abutters.  Mr. Gaydos said that the signed contract had no mention of the buffer.  Mr. Lynde said that the 1998 minutes from the Selectmen meeting should have noted the buffer area.  Ms. Crawford said the determination of property lines should be responsibility of the person performing work. 


Mr. McDevitt said the two issues were 1) if work had been done within the Town right-of-way, and 2) work done on private property would be a civil issue.  Ms. Crawford described the work done and explained that her driveway had been sheered off and now had a five-foot drop down the slope.  She noted that the retaining wall was a pile of rocks that went down the slope of the right-of-way.  The Selectmen discussed the plans submitted by Ms. Crawford and what rights the Town had granted. 


Mr. McDevitt felt the Town engineer should review the plans submitted, and the site to determine what work had been done.  The Selectmen reviewed what had been requested of Mr. Torrisi and the next steps to be taken by the Town.  Mr. Danevich said that the Selectmen should have held a discussion with the Planning Board.  He discussed the slopes and noted that a retaining wall was needed due to the elevation change.  He asked the status of the six-lot subdivision that had been presented conceptually to the Planning Board.  Mr. Lynde said the Selectmen were only dealing with an issue of a driveway for a single-family home.  Mr. Danevich discussed the Spring Street Extension case that had been before the Planning Board, which was pivotal to the decision to not want shared driveways. 


Mr. McDevitt noted that the Planning Director had provided comments to Mr. Torrisi and informed him that he had gone beyond the thirty feet and that a wall had been built where it was not supposed to.  He suggested that the comments be reviewed before the engineer review.  Mr. Gaydos discussed what actions had been taken in the past by the Town. 


Mr. Al Dubois, 12 Castle Hill Road asked how many applications came across the Selectmen’s table for 30ft. driveways for new homes.  The Selectmen said applications did not come before the Selectmen.  Mr. Dubois said he had not seen a thirty-foot driveway for a single-family home and believed the intent had been to further subdivide.  Mr. Derby said the request was solely for a single-family home.  Mr. Danevich said if a subdivision was to be built, a Class V road would be needed (50ft wide/24ft pavement), which would be an obstacle for the Planning Board.  He discussed the grading, and said if it was brought down from 18% to the required maximum of 10% grade would need 10ft. tall retaining walls.    


Ms. Crawford discussed the driveway permit and wanted to know the length of time they were valid.  Mr. Lynde was not sure, but discussed the fact that a building permit was valid for one year and could be renewed annually.     


Ms. Gayle Plouffe, 16 Castle Hill Road discussed the drainage from the hill and the fact that it eventually ended up in the back of her property and crossed over to the Tenneco easement.  She understood that the water had been flowing in that manner for many years, but was concerned with the rate in which the water flowed.  She felt the problem should be addressed and corrected properly. 


There were no further comments. 


Budget review


Mr. Lynde said that the Selectmen had been provided with a breakdown of the budgets to be better informed of departmental status.  He discussed the format and said he would prefer the format used in the past. 


The Selectmen reviewed the budget, which had approximately 81.5% remaining.  Mr. Bruce Mason of the Transfer Station was commended for his efforts saving the Town money ($19,832) by renting a trailer and negotiating lower trash tipping fees.  




Mr. Gaydos had no report beyond what he had discussed during the meeting. 


Mr. Danevich said that he had attended the Board of Adjustment meeting and had a brief discussion with the members regarding his role.  He said overwhelmingly, the members asked him to participate.  He said the members requested training and wanted additional information (i.e. publications, periodic meeting with Town Counsel for information regarding state changes).  Mr. Lynde said that he had requested that Town Counsel meet with members regarding criteria.  Mr. Gaydos said he was working on having the members get information from Town Counsel.  Mr. Danevich said that Mr. Jim Greenwood was in the process of upgrading the Town’s computer service. 


Mr. Bergeron said that he attended the Cemetery Trustees meeting on April 9, 2003 in which they elected their officers.  He said that artificial flowers were allowed from November 1 - April 15.  Any items remaining will be picked up and stored behind the maintenance garage until April 30, at which time they will be disposed of.  He ended by informing that he had attended the Regional Water District meeting on April 10th and the next meeting would be April 24th.


Mr. Derby said that he attended the CIP meeting, in which requests had been received from the Fire Department, Police Department, Highway and the School.  He said the CIP was waiting to see if the Town would submit a request.  Mr. Danevich said that the only thing he was aware of was a placeholder for technology.  Mr. Gaydos said that there were a number of items that would be included in an ongoing maintenance fund for the Municipal Center.  He said it was too early to determine a specific amount.  He said it would be discussed with the Budget Committee.  He said a plan still needed to be put into place regarding the revaluation.  Mr. McDevitt said a placeholder should be done for the Town center.   


Mr. McDevitt said that the Library was holding a public hearing regarding the acceptance of an anonymous  $10,000 donation.  He said the gift was very generous and hoped it set the tone for others to come forward.


Mr. Lynde said that the Planning Board’s next scheduled meeting would be April 21, 2003.   





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




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


Mr. Lynde noted that when the Board returned, after the non-public session, the Board may take action publicly, and if so, would make an announcement at the next scheduled meeting.  He said the Selectmen would then seal the minutes of the non-public session and adjourn the meeting.  The Board entered into a non-public session at approximately 8:42 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately 9:15 pm.




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




(5 - 0 - 0) The motion carries.





(McDevitt/Bergeron) To appoint Ms. Cindy Ronning as an alternate to the Board of Adjustment.




(3 - 2 - 0) The motion carries.  Mr. Danevich and Mr. Derby voted no. 





(McDevitt/Danevich) To adjourn the meeting.




(5 - 0 - 0) The motion carries. 


The meeting was adjourned at approximately 9:25 pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary