BOARD OF SELECTMEN MEETING
CALL TO ORDER
PLEDGE OF ALLEGAINCE
Mr. Victor Danevich
Mr. Tom Gaydos, Town Administrator, members of the press and general public.
Chairman Lynde opened the meeting at approximately .
(Bergeron/McDevitt) To approve the
(4 - 0 - 1) The motion carries. Mr. Danevich abstained.
Maple Drive Tree Status
Mr. Gaydos provided a summary of events regarding a tree at the end of a cul-de-sac on
Mr. Vincent Mazzaglia,
Mr. Michael Blythe,
Mr. Mazzaglia said that he had worked for the Town Highway Department in the past and noted the amount of trees that had been removed after storms and pointed out that the tree in question did not have that type of problem.
Mr. Jason Zakrewski,
Ms. Maryann Mitiav,
Mr. Bergeron asked the residents if there was anytime a limb had fallen. A woman in the public said that she had contacted the Town during the past year regarding a limb that had fallen and nearly hit her daughter. Ms. Mitiav said the fallen limb had remained on site for a long time before being removed.
Mr. Bob LaPoint said a limb had come out of the tree in 1997 during a substantial ice storm. He said small branches may fall, but nothing substantial.
Mr. Blythe said the only branches that had come off the tree were those hit by moving trucks.
Mr. Brian Peters noted that during the 1997 ice storm he had two trees that came down and nothing happened to the tree in question.
Ms. Dorina Roman said when small branches fell because of the wind, she collected them, and threw them into her yard.
Mr. Lynde said the Selectmen had previously decided to work with the residents to preserve tree and asked the Selectmen if the decision should stand. Mr. Bergeron asked the residents if they had given consideration to replacing the tree. Mr. Mazzaglia reiterated that there was nothing wrong with the tree per the opinion of a certified arborist. There was a consensus of the Selectmen to have their previous decision stand. Mr. Blythe asked who would do the pruning. Mr. Lynde asked that the residents get together and work with Mr. Gaydos. Mr. Danevich asked to reserve the right to revisit the issue after the tree was pruned.
Bobula Discussion Re: Planning Department
Mr. Lynde said that the Selectmen had received a report from Mr. John Bobula which the Planning Board had reviewed. He said the report was the basis for moving forward and asked how to proceed. It was noted that staff and full-time inspectors would need to be reviewed. Mr. McDevitt felt that the Selectmen should hold an additional meeting with the Planning Board since they didn’t feel that Mr. Bobula’s draft report accurately reflected their needs or suggestions. Mr. Lynde reviewed the points of Mr. Bobula’s report that the Planning Board had agreed with. He then reviewed the main differences the Planning Board had with the report. There was a brief discussion in which Mr. Lynde said he would contact the Planning Board Chair to set up a meeting, possibly for
Road Naming at Municipal Complex
Mr. Lynde said if the Municipal Complex road/driveway were not named, the Municipal Complex would have an address on
* Additional Appointments listed below.
Mr. Gaydos reported that during the last week a walk-through of the Municipal side had occurred and a punch list had been drafted, which Breadloaf was addressing. He said that the mechanical systems had also been reviewed and reminded the Selectmen that regular maintenance should be considered during the budget process, or warrantees may be voided.
Mr. Gaydos said that the following items (approved by the Warrant Article for the Police) had been delivered, installed and inspected, and now required the Selectmen’s signatures on the manifest -
1) Motorola - part of radio system infrastructure $45,310; 2) Cyber COM - part of the infrastructure that works with the Motorola radio system (towers and electronics) $54,875; 3) two invoices from Rightline - computer rack systems $25,200 and $2,904.02. The manifest was circulated for the Selectmen’s signature. Mr. Lynde confirmed that the Selectmen were previously informed of the items. Mr. Gaydos answered yes.
He went on to review the type of maintenance that may be needed for the generator and the furnace.
Mr. McDevitt informed that the trees at the Municipal Complex were in the process of being planted. He said that donations had been received for over half the trees and wanted people to know that there were still opportunities.
Mr. McDevitt said that the Sherburne Hall Committee had met and requested permission to remove a frame from one of the cafeteria tables. He said they would like to assess what was behind the tables. The Selectmen did not have a problem with the Committee removing one of the tables.
Mr. Danevich informed that the RFP’s for the data and wiring had been received back. He said the RFP’s would be reviewed within the next week and brought to the Selectmen with a recommendation. He said that the last piece of equipment needed to make all the systems work was being reviewed. Mr. Gaydos asked if there was a budget number needed to acquire the piece. Mr. Danevich said he didn’t have a number, but was reviewing equipment that would cost approximately $1200. The Selectmen were in favor of authorizing Mr. Danevich with a budget of $1200 for equipment needed to make the Municipal Complex system work. Mr. Danevich was directed to work with Mr. Gaydos.
Mr. Lynde suggested that the Sherburne Hall Committee create a vision of what the hall should look like and then move forward with discussions of what changes would need to occur.
Board of Adjustment Appointment
Mr. Lynde said that the Selectmen had discussed the applicants for the Board of Adjustment, who had been interviewed at the last public meeting, and were ready to make an appointment.
(McDevitt/Derby) To appoint Mr. Jeff Gowan as a full-time member of the Board of Adjustment, with a three-year term, effective as of
(5 - 0 - 0) The motion carries.
It was noted that because of RSA constraints, Mr. Jean-Marc Lapierre would not be able to be appointed to the Board of Adjustment because he was not a
Torrisi use of Castle Hill Property
Mr. Gaydos provided a brief history of the agreement between the Town and Mr. Torrisi. He said that subsequent to the agreement, Mr. Torrisi had approached the Planning Board and requested a subdivision using a thirty foot right-of-way for access. He said that the Selectmen had been notified, and in turn asked Mr. Torrisi to meet with them and show a survey of the area that had been improved (to show compliance of the agreement to not encroach on more than 30ft.). He said that the Town’s Engineer, TF Moran had been contacted to review the site and provide a survey. Mr. Gaydos said that Mr. Torrisi’s attorney had requested to clarify the matter with the Selectmen.
Attorney James Troissi, representing the petitioner Mr. Al Torrisi met with the Selectmen to discuss the right-of-way. He said it was their position that Mr. Torrisi had the right to use the right-of-way as a Town road if he was willing to improve it to Town specifications in order to access his ten (10) acres of backland. Attorney Troissi informed that Mr. Torrisi owned ML5-89 (consisting of approximately ten acres). He said Mr. Torrisi’s predecessor in title was Mr. Houle, who received a right-of-way (in 1937) from the backland to
Attorney Troissi reviewed the plans being presented and explained what they depicted. He then reviewed a booklet of exhibits that he in turn submitted to the Selectmen. He said based upon the information researched, there was no question that the Town took title to the parcel as a right-of-way to serve the land in the rear now owned by Mr. Torrisi. He explained in the late 1990’s when Mr. Torrisi was purchasing the property (from Mr. Houle) he desired to place his home on the back land, which required a variance because the back land didn’t have frontage onto a Town road. He noted at the time, Town Counsel submitted a letter dated March 28, 1998 (Exhibit 10) to the former Town Administrator Mr. Peter Flynn, which stated, in part, that the back lot owner had an implied easement to use the paper street to get his land and the right to develop the paper street, at his expense, as a public highway, if he wishes to do so. Attorney Troissi then cited a letter sent by Town Counsel to Mr. Flynn advising of a letter sent to the former Planning Director which advised the parcel owner to either apply to the Board of Adjustment for a zoning variance, or construct a road meeting Town requirements with a cul-de-sac giving 200ft. of frontage. He reviewed RSA 674:41, which reviews options for owners of back parcels of land. He went on to review sections from minutes of past meetings that he included in the exhibits submitted to the Selectmen that referenced the right-of-way.
Attorney Troissi then reviewed the issue of the right-of-way width and reviewed the last paragraph of the agreement with the Town which states that the right-of-way will be cleared and maintained (at the expense of themselves or others similarly located on the right-of-way), to a width of not more than 30ft. and to repair and maintain the travel portion of the right-of-way in a good passable condition. He believed the 30ft. road width was substantially complied with. He said in order to have a good passable roadway Mr. Torrisi had to transgress whatever inches beyond the 30ft., which he felt was moot since the plan had to go before the Planning Board for review. Attorney Troissi said he met with the Town Administrator, Planning Director and Highway Road Agent who all agreed that because of the slope, ledge, drainage and the Town’s mandate to have a passable roadway, that Mr. Torrisi did a good job constructing a good passable roadway. He said that the engineer has assured him that the drainage post-development would be better that pre-development based upon mitigation actions. He noted that the gravel area was only 12ft. and the improvements on either side were designed to help the situation. Attorney Troissi read aloud a letter dated
Mr. Lynde agreed that there was a 50ft. right-of-way with an agreement for Mr. Torrisi to clear up to 30ft. for access to his property, maintaining a buffer between the driveway and the neighboring property. He believed the understanding at the time was that a single-family dwelling would be constructed and the 30ft. easement would provide access. He asked that the drainage be addressed and wanted to know what the reference point would be for correction since the property probably didn’t have a drainage problem before the driveway was constructed. Attorney Troissi said the drainage would be improved from the pre-construction and post-construction of the proposed subdivision. Mr. Matt Hamor, Meisner Brem Corporation (engineer) said he didn’t know what the drainage was before the road was constructed, but believed there may have been minimal runoff, and it would be reviewed.
Mr. Lynde addressed the buffer and said that there had been complaints regarding encroachment up to 40ft. and beyond the bounds of the right-of-way. He was in agreement that there was a 50ft. right-of-way that provided access to the back parcel of land. He asked Attorney Troissi if he believed there was a need to obtain the Town’s permission to lay out the road to the back parcel. Attorney Troissi said the Town’s permission was not needed, as long as the road was brought up to Town standards. He then addressed the buffer and said that when the plan was reviewed by the Planning Board they would have the right to establish any buffers.
Mr. McDevitt asked if the Board of Adjustment variance was granted with any conditions. Attorney Troissi believed that the only condition was the road would have to be maintained by Mr. Houle (who was the owner at the time). Mr. McDevitt said that the agreement was in place for a 30ft. easement and noted that the Town’s engineer reviewed the site and reported that the disturbance from construction went considerably beyond the allowed 30ft., not just inches beyond. Mr. Hamor said that the Planning Director was who provided information that work had gone 12” - 18” over the 30ft. and that Meisner Brem Corporation had not provided information referencing 12” - 18”. Mr. McDevitt said the point was an agreement had been entered into for clearing up to 30ft. and that clearing had occurred substantially beyond the agreed upon 30ft. Attorney Troissi said to their knowledge clearing had occurred up to 40ft. based upon the topography. He reiterated that the Planning Director informed that Mr. Torrisi substantially complied. He said the agreement was for a 30ft. easement to access a single-family home. He said Mr. Torrisi had not given up the right to come back and request usage of the 50ft. right-of-way (which went with the home). Mr. McDevitt believed that the agreement had been recorded at the Registry of Deeds on June 30th, book 5961 page 0950. Attorney Troissi reviewed his documents and confirmed that the agreement was recorded
Mr. Derby noted that abutters had complained about the increased drainage onto their property and wanted to know what the drainage plans would be for the future. Mr. Hamor said a substantial detention facility would be constructed to cleanse the flow, which would then enter catch basins through culverts and would then re-enter the natural drainage patterns beneath
Mr. Danevich verified that the plan had not officially been submitted to the Town. He said during the conceptual review by the Planning Board there was great debate regarding the elevation profile coming off the hill. He suggested that further comment be reserved until it was known if the plan could meet Town specifications (i.e. grade, slope, embankment). He provided a comparison of Mr. Torrisi’s property to the
Mr. Lynde believed that the Selectmen wanted a remedy to the violation of the agreement. Mr. McDevitt believed that the agreement for 30ft. was a substantial barrier to bring before the Planning Board. He suggested consulting with Town Counsel and then providing the Planning Board with a letter of response. Attorney Troissi said that the current proposal was the development of the back parcel, which was a different issue than the 30ft. easement. After a brief discussion it was the consensus of the Selectmen to seek Town Counsel’s opinion before providing Attorney Troissi an opinion. Mr. Lynde believed that Town Counsel’s opinion could be obtained within two weeks.
Ms. Sandra Crawford,
Attorney Troissi said that a letter would be sent to all the abutters to meet and address all the concerns. He said that Mr. Torrisi informed that Mr. Crawford had been advised of the improvements in front of a professional tree cutter. He said that an attempt would be made in good faith to address the concerns of the abutters. He ended by saying that the right-of-way had been in place for many years and believed that homeowners should be aware of the possibility of future development. Mr. Lynde said that a buffer had not been maintained as was discussed at the time the agreement was made.
Mr. Danevich had no report.
Mr. Bergeron said the next meeting of the Water Charter Committee would be held
Mr. Derby informed that as he previously requested, the Police mailbox had been moved. He said the CIP met with Mr. Jerry Boucher who was seeking funds ($1,000,000) for land for the co-operative school. He said with the interest rates so low, it may be better to bond. He noted that land was being reviewed and pointed out that for parking alone, eleven acres would be needed.
Mr. McDevitt said that an anonymous person offered their time share at Pollard Brook Resort (for November 16 - 23) as a donation for the winner of a drawing which. The drawing would consist of those who donated to the Sherburne Hall Fund. He asked that the Selectmen discuss at the next scheduled meeting. Mr. McDevitt said that the Household Hazardous Waste Collection (held May 3rd) had twenty-five Town residents that took advantage of the collection. He said the next collection would be held
Mr. Lynde informed that the Planning Board met
Mr. Derby noted that the application had been received and recommended by Highway Agent Don Foss to hire Mr. Tim Borders as a full-time Operator One. Mr. Lynde noted that Mr. Borders had been interviewed by Mr. Foss, and Mr. Gaydos agreed that there were no problems.
(Derby/Bergeron) To hire Mr. Tim Borders as a full-time Operator One for the Highway Department.
(5 - 0 - 0) The motion carries.
Mr. Gaydos provided a brief history of the road and explained that it was not yet Town owned due to certain outstanding issues. He said the residents have had the opportunity to discuss their issues. He said that the as-built plans had been reviewed and would now need to be compared to what was built.
Mr. Peter Zohdi, Herbert Associates, said that his firm had done the original design for
Mr. David Jordan, TF Moran (Town Engineer) said that as-built surveys had been done on certain drainage areas. He said at first review, the plan compiled by Herbert Associates appeared to be substantially similar to the TF Moran plan. He wanted to opportunity to compare the two plans and review at the site where problems were occurring. He said the original design would be reviewed closely and noted that TF Moran would continue working with the Town and Mr. Zohdi to come up with solutions.
Mr. Tim Fraize,
Mr. Scott Orlando,
Mr. Lynde said the approach to reviewing the plan sounded good. Mr. Zohdi asked permission from Mr. Fraize to walk his property with Mr. Jordan and Mr. Gaydos. Mr. Fraize said he previously granted permission to access his property. He asked that he be notified, so he could be present when his property was being reviewed. Mr. Orlando also granted permission to access his property, and requested that he be contacted when it was being reviewed.
Mr. Lynde asked who would be paying for TF Moran. Mr. Gaydos said the Town was paying for the services. He would know more once the plans were reviewed. Mr. Lynde said he appreciated Mr. Jordan and Mr. Zohdi for working with the abutters.
TOWN ADMNISTRATOR’S REPORT
Mr. Gaydos had no report.
(McDevitt/Derby) To adjourn the meeting.
(5 - 0 - 0) The motion carries.
The meeting was adjourned at approximately .
Charity A. L. Willis