May 13, 2003

APPROVED – May 27, 2003






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


Also present:



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


Mr. Victor Danevich


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




April 29, 2003



(Derby/Bergeron) To approve the April 29, 2003 meeting minutes as written.




(4 - 0 - 0) The motion carries. 




Ms. Glennie Edwards and Mr. Jack King met with the Selectmen to discuss litter clean-up and removal throughout the Town.  Mr. King said he would like to propose a warrant article for funding litter pick-up by the Highway Department.  He suggested that the Highway Department Supervisor meet with the Selectmen to review the possibility of using current Highway Department employees to remove litter.  He believed there should be funding for litter removal if the Highway Department was unable to perform the task.  He felt it was ridiculous for residents to perform a public works function and believed that litter removal was a growing function.  Ms. Edwards didn’t feel that there would be an impact on the taxpayers if the Highway Department employees were to handle litter removal.  She discussed the large quantity of trash that had been picked up and brought to the Transfer Station.  She requested that a publication be added within the Town Report to better inform parents about litter so they could discuss the issue with children.  She said she would do a posting on PTV regarding the issue. 


Mr. Bergeron discussed the clean up of I93.  Ms. Edwards believed that the highway clean up was handled by private parties depositing money into an account, which was then used to hire people for clean up.  Mr. Bergeron felt the clean up may be better handled through volunteerism.  He was glad that the issue was being discussed, so that residents would become aware of the problem.  Ms. Edwards reiterated that parents should instill the importance of not littering to their children.


Mr. King reiterated that if the Highway Department did not have the resources to pick up the litter, then a warrant article should be drafted.  Mr. Lynde said the Highway Department should meet with the Selectmen to discuss.  He suggested that school system become aware so that a program could possibly be set up.  Mr. Derby was asked to speak with Mr. Don Foss and report back to the Selectmen. 


Ms. Edwards discussed the traffic at the center of Town and asked if a four-way stop could be added.  Mr. Lynde said that he had asked someone to review the traffic study for the center and noted that the state would need to be involved because of the state roads.   




Mr. Jean-Marc Lapierre - Interview for the Zoning Board of Adjustment


Mr. Jean-Marc Lapierre met with the Selectmen to discuss his interest in being appointed to the Board of Adjustment.  He said his family had moved to Town in 2001.  His neighbor is Victor Danevich, who asked Mr. Lapierre if he would be interested in volunteering for the Town. 


Mr. Bergeron asked if Mr. Lapierre had attended, or watched a Board of Adjustment meeting.  Mr. Lapierre said that he had watched a few meetings.  Mr. Bergeron asked if Mr. Lapierre would make a decision regarding a case based on the information heard at the meeting or if he would seek outside opinion.  Mr. Lapierre said he would have to review and become familiar with the Zoning laws.  He said he did not have experience and may therefore need advice regarding the rules.  He said that his opinion of a case would be based upon what was discussed at the hearing. 


Mr. Lynde said there were state statutes that governed the criteria for granting variances.  He said all of the criteria would need to be met, or a variance could not be granted. 


Mr. McDevitt asked Mr. Lapierre if he had any matter expected to come before the Board of Adjustment in the near future.  Mr. Lapierre answered no. 


Mr. Derby asked Mr. Lapierre if he was a voter in Town.  Mr. Lapierre said he was Canadian, not a US citizen. 


Speeding on Old Gage Hill Road South - Mr. Rich Guziejka


Mr. Rich Guziejka was not present.


Resolution, NH Health Care - Mr. John Thyng


Mr. John Thyng met with the Selectmen regarding a resolution sponsored by NH for Health Care.  He said the resolution called upon elected officials from all levels of government to work with consumers, healthcare providers and business leaders to ensure that everyone, including self employed unemployed, under-insured and small business owners would have access to an affordable basic health plan.  He said at this time New Hampshire had the second highest health insurance rates.  He said no specific plan was being presented, but would like to get people talking.  Mr. Thyng said the resolution had been endorsed by a number of chambers of commerce.  He said healthcare was of great concern of many people within the state. 


Mr. Lynde asked if there were sources for the statistics.  Mr. Thyng said the sources were listed on the resolution.  Mr. Lynde asked how other towns had adopted the resolution.  Mr. Thyng said that the resolution had gone through town meeting vote and some had their selectmen adopt. 


Mr. Derby felt the resolution was a good idea.  Mr. Lynde agreed.  He read the resolution aloud. 


Mr. McDevitt felt the resolution was admirable, but he had a number of concerns.  He asked that the Selectmen review the information and discuss at a later meeting.  Mr. Thyng went on to discuss the rising costs of healthcare and used Merrimac’s increases as an example.  Mr. Lynde asked for a copy of the Kaiser Foundation report.  He said the Selectmen may draft their own resolution.     


911 - Fire Chief David Fisher


Fire Chief David Fisher introduced Ms. Sue Pelkey and Mr. Bruce Cheney from Bureau of Emergency Communication to discuss the E911 system.  Mr. Cheney began by providing a brief history of how and why E911 was created.  He described what resources would be provided to the Town.  He said in the next several years E911 would be able to locate cellular phones that dial 911.  He said that digital maps would assist emergency vehicles to locate people needing help.  Mr. Cheney noted that there had been a recent Superior Court decision that stated once a town is aware of a problem (with streets and/or numbering), the town was obligated to fix them.  He said the service (and maps) would be provided to the Town at no cost.  He noted if all agreed, it would still take approximately one year before any work would be done. 


Mr. Lynde said that the Town was in the process of renaming certain streets and roads.  He asked if it would be possible to have the road changes done at the same time as the number changes.  Mr. Cheney said the changes could be done in whatever manner the Town wanted.  Mr. Lynde noted that the Post Office had offered to assist with notification if the changes were done all at once.  Mr. Cheney said the Post Office would cooperate and was sure would be very accommodating no matter which way the Town wanted to proceed.  He noted that he could not do a town wide change out of turn, but could make adjustments to do a few streets possibly in the summer.  He discussed the process, and what was required for the changes to be made.  He noted that street numbering would be done in 50ft. increments.  Chief Fisher noted that the new subdivision roads were measured in 50ft. increments. 


Mr. Lynde said he appreciated Mr. Cheney and Ms. Pelkey meeting to discuss the project and recognized the importance. 


Mr. Jeff Gowan - Interview for the Zoning Board of Adjustment


Mr. Jeff Gowan met with the Selectmen to discuss his interest in being appointed to the Zoning Board of Adjustment.  He said that he had been involved with the Planning Board for eight years as well as other committees such as CIP.  He said that he was not traveling as much with his job and wanted the opportunity to be involved with the Board of Adjustment. 


Mr. Bergeron asked Mr. Gowan if he would base his decision on the information provided at the meeting, or if he would also seek information outside the meeting.  Mr. Gowan said that he understood the spirit and intent of the zoning ordinances which would need to be weighed against the hardship being presented.  He said sometimes information came prior to a meeting that may be unavoidable, but the outcome of a case could not be swayed because the decision would be a group effort.  Mr. Bergeron asked if Mr. Gowan would go to the meeting with an open mind and come to a conclusion based on what occurred during the meeting.  Mr. Gowan answered yes and said he always kept an open mind when attending meetings. 


Mr. McDevitt asked Mr. Gowan if he had any matters that would be before the Board of Adjustment in the near future.  Mr. Gowan answered no. 


Mr. Lynde said that the state statute set out the criteria for a variance, which all must be met. He said if any one of the criteria were not satisfied, the variance could not be granted.  Mr. Gowan agreed.  Mr. Lynde asked if Mr. Gowan would base his decision on the criteria, or if a variance would be granted based upon past practice.  Mr. Gowan said that past practice should not be the guiding factor, but did come into play with certain issues. 




The Selectmen convened as the Board of Health with Mr. Paul Zarnowski as Chairman.  Mr. Zarnowski called the Board of Health meeting to order. 


Waiver of Article K


Mr. Zarnowski said that John and Debra Zimmerman of 3 Berthal Street (ML 31-11-299) were seeking a waiver to Article K, Section 295-16 (setback from septic tank to well).  He said there was an existing failed system on the lot which was approximately 40ft. from the pond.  He said the proposal was to have a holding tank which would have to be 24ft from the drilled well.  He believed the proposed was the only solution at this time.  He said the Zimmerman’s were aware of the required 50ft. setback.  Mr. Zarnowski went on to explain that the holding tank would need to be pumped every couple weeks.  He said the applicant was aware of the expense.  He said the designer was still reviewing other possibilities.  He noted if the applicant didn’t pump the tank, an alarm would go off and he would be called.  He said as part of the state criteria quarterly receipts were required to be submitted proving that the tank had been pumped. 


The Board discussed the application further.  Mr. Zarnowski noted that if technology changed, a different system (possibly Clean Solutions) would be able to be installed.




(Lynde/McDevitt) To approve the Article K waiver request to Section 295-16 and allow the placement of a 2500 gallon holding tank less than 50ft from the well on ML 31-11-299.




(5 - 0 - 0) The motion carries.


Waiver of Article K


Mr. Zarnowski said that John and Ann Barthelmes of 28 West Shore Drive (ML 36-11-133) were seeking a waiver to Article K, Section 295-16 (setback from septic tank to well).  He said the existing system was in failure.  Mr. Peter Stoddard, Bedford Designs presented the plan.  He said the reason for placing the holding tank close to the well was due to erosion from digging into the banking, tree removal and construction costs.  He said the existing plumbing was difficult to access (18”clearance) and there was a steep slope in front.  There was further discussion regarding the proposed remedy.  Mr. Zarnowski said that the proposed would be an improvement over what was currently there.  




(McDevitt/Bergeron) To grant a waiver of Article K to Section 295-16 for ML 36-11-133.




(5 - 0 - 0) The motion carries.


There was a brief discussion regarding the survey of the Coombs Junkyard.  Mr. Gaydos said a follow up call had been placed to the surveyor’s office, but a call back had not been received. 


Mr. Zarnowski informed that the Well Ordinance needed slight revisions, which he would provide for review.


The Board of Health adjourned.  The Selectmen reconvened. 




Municipal Building


Mr. Gaydos said the Municipal Building project was at the point that walk-throughs were being scheduled, which provided the opportunity to visually inspect the workmanship.  He said on May 21st a walk-through was scheduled to inspect items such as heating, electrical and furnace. 


Mr. McDevitt thanked the volunteers who helped to plant trees on the Mills property.  He said that the Sherburne Hall Committee met last Saturday, and has scheduled their next meeting for Friday. 


Mr. Lynde complimented the article Mr. McDevitt wrote for the Stateline Express that outlined the status of the project. 


Robin Road & Honey Lane resident concerns - status report


Mr. Lynde understood that TF Moran (Town Engineer) submitted a report that stated the road was not built to plan.  He said that Peter Zohdi of Herbert Associates (developer’s engineer) would submit a report by the end of the week, and basically concurred with TF Moran’s findings.  Mr. Gaydos said while on the phone with  Mr. Zohdi he asked if the corrections were made, would they work.  He said that Mr. Zohdi would like to see some of the corrections made immediately.  Mr. Zohdi indicated that he would be speaking with the developer. 


Mr. Lynde wanted to know if the corrections were made, would the problems on the four lots (discussed at previous meetings) be corrected.  Mr. Gaydos said his comment with TF Moran and Mr. Zohdi was to have them both present at the next meeting to discuss the issues.  Mr. Lynde wanted to know who would be tasked to make corrections.  Mr. Gaydos said that the Planning Board approved a plan, and if the plan was not followed, it would be incumbent on the developer to do what was approved.  He wanted the Planning Department to have the opportunity to work with the developer.  Mr. Lynde asked that TF Moran, Peter Zohdi of Herbert Associates as well as the developer be invited to the next meeting for a discussion regarding the plan and corrections.  He said he wanted to know if the corrections were made would they correct the problems on the four lots. 




Mr. John Scalia, 15 Robin Road asked for clarification of the status of the road.  Mr. Lynde said there were two engineering firms involved (the developer’s engineer and the engineer hired to inspect the site).  Mr. Scalia asked if the engineering firm that signed off on the work done was responsible.  Mr. Lynde said that the Selectmen had an obligation to rectify the problems if the development was not done according to the plans.  He said the process had to follow the correct steps.  He reviewed the approval process taken by the engineer.     


Mr. Scott Orlando, Robin Road resided at the end of the cul-de-sac.  He said that Mr. Danevich had commented at the last meeting road was pitched too much because of the ledge.  He asked if the road pitch would be addressed because all the water from the road flowed across his property into his leach field area.  He asked if there would be a remedy in the future if the designed plan did not alleviate the water and drainage issues.  Mr. Gaydos said the process was that the plan was reviewed by the Town’s engineer and problems shouldn’t occur.  He said he could ask TF Moran to review the cul-de-sac and provide a report.  He believed the developer was ultimately responsible.  Mr. Orlando asked if the Town’s engineer also had responsibility.  Mr. Lynde said if the engineer signed off on something that was not correct they would be liable at some point, or somehow.  Mr. Gaydos felt that everyone in the process had to take some responsibility.  Mr. Lynde restated Mr. Orlando’s question of who would be responsible if a developer complied and problems were not alleviated.  Mr. Gaydos said ultimately the developer would be responsible, but felt the developer would have further discussions with their engineer.


Mr. Tim Fraize, Noella Avenue said that the developer was presented with a checklist from the engineer (CLD) and had not yet completed the items from over a year and a half ago.  He had copies of Planning Board minutes that specifically state to fix the Fraize property, which had not been done.  Mr. Fraize informed that the Planning Board agreed at a recent meeting that the drain was not put in the right place.  He said his request was to have the water flow through and drain off his property.  He did not understand why the problem has continued for over too years.  Mr. McDevitt said if the Town ended up suing, certain steps had to take place so that everyone had due process.  Mr. Fraize asked what would happen next if the developer followed the specifications of the engineer, and the Town signed off.  Mr. McDevitt said that the Town’s engineer represented the Town and if there was a problem the Town would have a discussion with the engineer.  Mr. Fraize said he would like to have the Health Agent review the buildup of water around his leach field to assess what damage has been done.  He suggested that the Highway Department trench the area for a temporary solution.  Mr. McDevitt said that the engineers could be asked (at the meeting in two weeks) what could be done temporarily to solve the problem. 


Mr. Gaydos confirmed that none of the roads had been accepted by the Town.  Mr. Lynde answered yes.  Mr. Gaydos noted that the Highway Department could not work on private property.  He said the Town was involved because a development was proposed and approved by the Town, which now appears was not done in accordance with the plan approved by the Town.  He said the Town had no authority to work on the area and was sorry the residents had to put up with the situation as long as they had. 


Tallant Road Bridge


Mr. Gaydos said that several options had been discussed and noted that the Town approved money to be withdrawn from the trust account for the project.  He said he had spoken with the engineer and Highway Agent Don Foss regarding the options for proceeding as follows: 1) do nothing on Tallant Road until it was known if full approval would be granted for Castle Hill; 2) continue working on Tallant Road Bridge and have final engineering done - approval letter from state for participation to not exceed $89,300 for engineering - state will reimburse 80% - bid package would be ready to go out in Fall; 3) try and move forward with other highway funds for Castle Hill.  Mr. Gaydos recommended signing an agreement with SEA Engineers to proceed with the engineering plan to get the project out to bid and move ahead with the Tallant Road Bridge project. 


A motion was made by Mr. Derby to proceed with SEA to come up with the bid specs for completion of the Tallant Road Bridge project.  The motion was seconded by Mr. Bergeron.


Mr. Gaydos reviewed what steps would need to occur before work could begin.  Mr. Lynde confirmed that the motion would authorize Mr. Gaydos to contract with SEA to complete the plans up to the point of a completed bid package, which would be approved by the state.  The process would be done by stage construction not involving the Castle Hill Road Bridge.  A Warrant Article may be needed on next year’s ballot to fund the Town’s share of the construction costs.  Mr. Gaydos believed there was enough money left in the trust account to fund the Town’s share of the expenses.  He said the Town would have to see what the prices come in at. 




(Derby/Bergeron) To proceed with SEA to come up with the bid specs for the completion of the Tallant Road Bridge project. 




(4 - 0 - 0) The motion carries.


Town Center Traffic


Mr. Derby felt a remedy was needed for the Town center traffic.  He said the DOT should meet with the Selectmen to discuss the options.  Mr. Lynde said that he had requested an independent study, but did not want to delay action.  He asked Mr. Gaydos to ask the state if they are ready to comment on the traffic study.  Mr. McDevitt didn’t feel the DOT should meet with the Selectmen as a first discussion.  He felt the first discussion should be informal to determine if the DOT needed any additional information.  Mr. Bergeron offered to obtain information for the Selectmen, or help in any way.  It was noted that the I93 widening project was not included in the report.  Mr. Lynde asked Mr. Gaydos to call the DOT and find out what information was still needed.  He said if Mr. Gaydos did not get answers, then Mr. Derby and Mr. Bergeron could go to the DOT for the answers. 








Mr. Gaydos said that the Safety Committee had two issues, one being a 25mph speed limit sign on a curve at Spring Street Extension and Woekel Circle.  The Safety Committee discussed and decided that a 15mph caution sign could be installed.  Mr. Gaydos said the other issue was the parking on Main Street.  The Safety Committee discussed the possibility of contacting the state regarding the parking and had a consensus to not request the elimination of parking on Main Street.  Mr. Gaydos informed that Highway Agent Don Foss had submitted a formal recommendation for the full-time employee approved by the Town at Town Meeting.  He noted that the hiring policy had not been changed, and was still in place and further requested that the Selectmen approve the recommendation.  Mr. Lynde believed the Selectmen should review the application.  There was a brief discussion regarding the applicant and how to proceed.  It was decided that the Selectmen would review the application and make a decision about the applicant’s employment at the next meeting.  The hiring process was discussed and would be addressed at the next meeting. 


Mr. Bergeron said that he and Mr. Danevich attended opening day for Little League on May 3rd.  He informed that HB361 would go to Committee of Conference, so he would be watching the status closely.  He said that he told the members of the Regional Water District and everyone would be watching.  Mr. Bergeron discussed an accident that he had and commended the Fire Department for their quick response and comfort during the incident.


Mr. Derby said that Highway Agent Don Foss was getting ready for crack sealing.  He said that CIP reviewed the Town Building and School walk through and would discuss the school situation at the next meeting.


Mr. McDevitt had no report.


Mr. Lynde said that the Forestry Committee met Saturday and discussed clearing land at E.G. Raymond for parking.  He said conservation easements on Town owned land was also discussed.  He said a committee would be formed to review protection of Town owned land.  He said that he needed to obtain an estimate for boundary surveys on certain Town owned lots so they could be managed property.  Mr. Lynde said a meeting had been held with TF Moran and members of Town boards.  TF Moran appeared to be willing to perform tasks if asked.  Mr. Lynde went on to discuss the May 5, 2003 Planning Board meeting and the items that were discussed.  He asked Mr. Gaydos the status of the engineering RFQ.  Mr. Gaydos said it was in motion.  Mr. Lynde said that the Planning Board had a lukewarm response to John Bobula’s land -use plan and believed the Selectmen should go back and address the plan.  Mr. Bergeron discussed the John Bobula plan and wanted to know how/when the move to the new building would be discussed.  The Selectmen decided to discuss the move to the Municipal Building and John Bobula’s plan at the next meeting.  Mr. Lynde asked Mr. Gaydos to also provide the monthly finance report to the Selectmen for review.   





(Derby/Bergeron) 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. Lynde 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 9:22 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately 9:50 pm.




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




(4 - 0 - 0) The motion carries.





(Derby/Bergeron) To adjourn the meeting.




(4 - 0 - 0) The motion carries. 


The meeting was adjourned at approximately 9:50 pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary