August 5, 2003

APPROVED – August 26, 2003






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


Also present:



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


Mr. William McDevitt, Mr. Victor Danevich


Acting Chairman Derby opened the meeting at approximately 6:30 pm. 




Deferred to the next scheduled meeting.




Mr. Leo Thibeault, Simpson Road, provided the Selectmen with a proposal regarding the Town center traffic suggestions.  He asked if he could schedule an appointment to be included on an upcoming agenda to discuss his suggestions.  Mr. Thibeault noted that he had submitted an application for consideration as commission for the NRPC.  Mr. Lynde asked Mr. Thibeault to review the Selectmen meeting that Ms. Robin Bousa attended so he would be aware of previous discussions.  He then asked Mr. Gaydos to schedule appointments at the next meeting for applicant submissions for the NRPC and Conservation Commission.


Lee and Allison Cloutier, Plower Road met with the Selectmen to address some concerns regarding a paving project on their road.  Ms. Cloutier said the current pavement was 16ft. wide and found out from Highway Road Agent Don Foss that the proposal is to widen the road to 22ft. due to emergency equipment access.  She said there was great concern from the residents of the road regarding safety and hoped that the width could be done at less than 22ft.  She suggested the possibility of maintaining a narrow paved roadway, but adding adequate shoulders for emergency vehicle access.  Ms. Cloutier said she notified all the residents regarding the meeting and there were no opposing responses.  Mr. Lynde suggested that the Selectmen add an agenda item for the next meeting, inviting Mr. Foss, Fire Chief and a representative from the Planning Board to allow a forum discussion.  Mr. Derby felt the project was long in coming.  He suggested adding speed limit signs and contacting the Police Department for speed enforcement. 


Mr. Lance Ouellette (Gaston Street) and Mr. Kevin Crooker (Andover Street) met with the Selectmen to discuss the status of their roads.  Mr. Ouellette provided a brief history and explained that residents of several private roads were seeking to have the Town take the roads over.  Part of the process was to obtain quotes for the work to bring the roads up to Town standard, which Highway Road Agent Don Foss provided a rough quote.  Last year the Budget Committee voted against the proposal due to the number being ‘soft’.  Mr. Ouellette said that the proposal was narrowly turned down at Town Meeting and a group of the residents were interested in trying the process again.  He said a new petition had been signed and would be submitted to the Town within 48-hours.  There was further discussion regarding what needed to be done to obtain a ‘hard’ number for presentation to the Budget Committee.  Mr. Lynde suggested setting up an agenda item to discuss further. 




CIP Committee, William Scanzani  - postponed.


Conservation Issues, Deborah Waters


Ms. Deborah Waters of the Little Island Pond Conservation Land Project met with the Selectmen to inform that the LCHP deadline had come to sign the forms so that the money could be obtained.  The two documents to be signed were the deed (which also needed to be notarized), and the project agreement.  She discussed what was expected by signing the agreement and noted that the land would be held as conservation land forever.  Mr. Lynde read the LCHP agreement aloud.  The Selectmen then signed the necessary documents and Mr. Gaydos had the deed notarized. 


Mr. Bob Yarmo, Conservation Commission Chairman, was seeking help from the Selectmen to protect a cranberry bog prime wetland.  He said the Board of Adjustment approved the building in the buffer of the prime wetland contingent upon a positive recommendation from the DES Wetlands Bureau.  He said the landowner had hired an environmental consultant who had put together a report for the DES that testified that the building would not have an affect on the prime wetland.  Mr. Yarmo said financial assistance was needed to provide expert testimony and information at the public hearing in Concord to the DES Wetland Bureau so that it would be known that the buffer was an important part of the wetland.  He said the state did not recognize buffers, but they did recognize adjacency issues, which this qualified. 


Mr. Bergeron asked who owned the wetland buffer.  Mr. Yarmo said the landowner owned fourteen acres, of which included the buffer. 


There was further discussion about the intention of the landowner and how the land would be used if the variance was maintained.  Mr. Yarmo read aloud a letter he submitted to the Board of Adjustment dated February 10, 2003 which asked that the variance not be granted due to the importance of the prime wetland. 

The Selectmen briefly discussed what steps to take.  It was noted that the Selectmen would like to have been informed earlier.


Mr. Bergeron asked if the requirements could be met by repositioning the building outside the buffer.  Mr. Lynde didn’t believe that there was an alternate location for the building, or a variance would not have been granted.  Mr. Yarmo said there was currently a residence on the parcel and the owner was seeking to construct a garage to work on his equipment.  He went on to read a statement of why the buffer was in place to protect the prime wetland. 



(Derby/Bergeron) To authorized $500 to be spent to hire an expert witness for the DES hearing regarding a wetland adjacency issue for Board of Adjustment Case #2243 - ML 7-41 - BIBEAU, David/36 Atwood Road.




(3 - 0 - 0) The motion carries. 


Waiver of Article K, Paul Zarnowski


The Selectmen convened as the Board of Health, with Paul Zarnowski as Chairman.


Mr. Zarnowski said the Board of Health was asked to consider a Waiver of Article K, Section 295:16 (setback to very poorly drained soils) for ML 30-11-185 & 178.  He discussed what the state requirements were as compared to the Town.  Mr. Ray Dion of Felix Septic Service represented the plan and provided a brief history of the site.  He said currently there was a dry well that was in close proximity (60ft) to the water.  He said the proposed leach field would be at least 75ft. from all wells (neighbors included).  He noted that the tank would be sealed and grouted.  He said they were trying to improve a bad situation.  It was noted that all the state’s requirements would be met.



(Bergeron/Derby) To approve the Waiver of Article K for Albert Lerned, ML30-11-185 & 11-178.




(4 - 0 - 0) The motion carries. 


The Selectmen reconvened. 




Municipal Building  - Mr. Gaydos informed that they continued to work on the punch list.  He noted that the Municipal Building had been struck by lightning, which created a new punch list. 




Planning Director Appointment


Mr. Gaydos said he would set up interviews for the Planning Director position at the end of next week.     


Keyes Hill Realty Trust Subdivision


Mr. Lynde informed that the Planning Board had met and requested that the subdivision for Keyes Hill Realty Trust be granted a 90-day extension because the developer was not present at the meeting. 



(Derby/Bergeron) To grant a 90-day extension for both the Keyes Hill Realty Trust (ML5-75) and the Cormier & Saurman (ML11-93) subdivisions. 




(3 - 0 - 0) The motion carries. 




Mr. Derby had no report.


Mr. Bergeron said that he had missed the last Water District meeting (July 24, 2003) due to a miscommunication.  He said the next meeting would be held August 14, 2003.  He said that he had spoken with Mr. Andrew Singelakis of NRPC regarding the ten year plan.  He said that Mr. Singelakis would make himself available to meet with the Selectmen to discuss the state’s plan.  Mr. Bergeron noted that Mr. John P. Jeanson of Pelham had accepted membership to the National Society of Collegiate Scholars and would be honored at the University of New Hampshire during a campus ceremony this fall.  He wished him well. 





(Derby/Bergeron) To adjourn the meeting.




(3 - 0 - 0) The motion carries. 


The meeting was adjourned at approximately 7:30 pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary