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BOARD OF S= ELECTMEN MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Mr. Victor Danevich, Mr. Harold Lynde, Mr. Jean-Guy Bergeron, Mr. Edmund Gleason, Mr. Tom Domenico, Mr. Tom Gaydos – T= own Administrator
Members of the press and general public.
M= INUTES REVIEW - deferred to= the next meeting so the Selectmen have the opportunity to review.
OPEN FORU= M
Fire Chief E. David Fisher informed that a Town Meeti=
would be held on
Paul Zarn= owski, Board of Health – Waiver of Article K
The Selectmen convened as the Board of Health; with P= aul Zarnowski as Chairman.
Attorney Paul DeCarolis (applicant’s attorney) = said because there was a proposed building in the Wetland Conservation District (‘WCD’) the plan would have to go before the Conservation Commission, the Board of Adjustment and the Planning Board; this is the fi= rst step in the process for all the required approvals. He said as a condition of approva= l, the applicant would prepare (and have recorded) a restrictive covenant against= any future development.
Mr. Zohdi said a Clean Solutions system was being pro= posed for the site. He then review= ed the proposed plan and explained that they would be in compliance with state of= New Hampshire Department of Environmental Services requirement of 50-feet. He said if they obtained approval= from the Selectmen, they would need to go to the Planning Board because their h= ouse and driveway was in the WCD; they were already on the Board of Adjustment’s schedule for such.&nbs= p; They would also be going before the Conservation Commission to gain approval for the project. He continued reviewing the proposed plan.&nb= sp;
Mr. Zarnowski asked if there was any impact to the wetlands. Mr. Zohdi answered no.
Mr. Lynde asked how much of the land in front was hig= h and dry. Mr. Zohdi said it was approximately 28,000-30,000SF. He said the lot pre-dated the requirement for 35,000SF of high and dry. Mr. Lynde said normally when a re= quest for Article K came in, it’s a case where the situation would be made better. He had a problem wit= h the proposal because it appeared that there would be a house and driveway almo= st completely in the WCD. Attor= ney DeCarolis said under zoning, a variance wasn’t needed to construct a= road/driveway to the upland portion of the lot (to put a house); they needed a Special Exception to build a right-of-way across the wetlands. He said they were proposing the l= east intrusive proposal. He said a driveway= would be permitted with a Special Exception (and the criteria would be easier to satisfy than a Variance standard); this is why the applicant was offering = the restrictive covenant to prohibit any development in the wetlands forever).=
Mr. Bergeron questioned if an applicant would usually= go to the Board of Adjustment requesting a Variance or Special Exception then to= the Planning Board prior to coming before the Selectmen (as the Board of Healt= h) requesting an Article K. Mr. Zarnowski believed in this case the best thing was to see if they could ge= t a septic system on the lot without going to the full-design stage. He noted that the plan met all th= e state criteria, except meeting the Town’s requirements. It was Mr. Zarnowski’s opin= ion that it was okay for the applicant to come before the Board of Health first. Mr. Bergeron asked ho= w Mr. Zarnowski felt about the system. Mr. Zarnowski said he had seen a few different designs for the lot = and the location was probably the best location of the system. He went to the site, but didnR= 17;t see a better way to access the high ground in the back of the parcel witho= ut an impact.
Mr. Domenico asked how the maintenance of the system = would be enforced since it was different than a traditional system. Mr. Zohdi said there was an alarm= in the system that would notify if the pump didn’t work. Mr. Zarnowski said there was a tw= o-year maintenance contract that had to go along with the system. Mr. Domenico asked how Mr. Danevi= ch felt about the proposed plan. Mr. Danevich said his ‘gut’ reaction was to not support the plan because the requirements would be waived to create the lot. He noted there wasn’t a lot= of room for a back up system. H= e said he would rather see it go through the process. He said he didn’t want to w= aive things up front when there were other opportunities. Mr. Zohdi reviewed the proposed p= lan again for the Board.
Mr. Lynde asked if the Planning Board identified the = lot as buildable when they did the subdivision.&= nbsp; Mr. Zohdi answered no. Mr. Lynde asked how large the wetland crossing would be. Mr. Zohdi said to get full use of= the proposed property, the applicant had the right to request a dredge and fill permit and access the back if they could.= He felt the applicant had the right to request a dredge and fill pe= rmit and would be able to obtain such. He believed the applicant could get a buildable lot and noted that = the applicant would include a covenant stating they wouldn’t develop the= land further and it would be a conservation easement.
Mr. Danevich recalled when the subdivision was done a= note was added to the plan stating that the lot was non-buildable. He said he couldn’t (in good conscience) support the proposal because when the Planning Board (to which= he was formerly a member of) did the Gauthier subdivision he voted in favor o= f the subdivision. Mr. Zohdi elabo= rated regarding the lot being not buildable.&nb= sp; He said at the time (of the subdivision) there was an area with a wetland violation and the lot was set aside to be part of the mitigation f= or those areas. It ended up, af= ter negotiations with the Wetland Bureau that the lot didn’t have to be = used for mitigation. Attorney DeC= arolis said the note on the plan stated ‘not a buildable lot at this time= 8217;.
Mr. Domenico understood the catch 22, but would feel = more comfortable if the Planning Board and Conservation Commission had already looked at the plan. Because = of such, he didn’t feel that he had all the information to be able to m= ake a decision.
Mr. Zohdi suggested that they ‘table’ the= plan for 45-60 days to apply to the Planning Board and Conservation Commission = to be able to obtain approval. He = wanted to be able to say that he had already been before the Selectmen and would = come back. Mr. Zarnowski said it = would be fine for the applicant to have a 60-day extension. Mr. Danevich wanted it clear that= no action had been taken on the proposed plan.
Mr. Gleason was reluctant to vote on the proposed unt= il such time as all the facts were provided to him; he wanted to better understand= all the ramifications of the proposed approach.
Mr. Danevich said there was a note stating the existi= ng system would be abandoned in place and wanted to know why an effort wouldn’t be made to remove it since it was in the water table. Mr. Maynard said once the field w= as abandoned no liquid would be sent to it. He said if it was a requirement of the Board to remove it, they would do so.<= span style=3D'mso-spacerun:yes'> Mr. Danevich preferred to have th= e tank removed.
Mr. Gleason asked if the location of the proposed sys=
would fall within the state required guidelines. Mr. Maynard answered yes, the sta=
required 75-feet and the proposed would be approximately 90-feet. Mr. Gleason asked if it was the
applicant’s intent to request approval from the state for the septic
system design. Mr. Maynard a=
yes. Mr. Gleason asked if the
proposed would be an improvement because the existing system had failed.
Mr. Maynard said the proposed sys=
would be an improvement because the applicant wanted to update the system.=
Mr. Lynde understood the constraints of the lot and placement of the system. He = felt the proposed system would be an improvement and appreciated the fact that = they were trying to get the system away from the pond.
Mr. Danevich asked if there was any reason the plan
shouldn’t be approved. Mr.
Zarnowski said no; the system would be a significant improvement. He said the way it was planned it=
meet all state criteria.
(Danevich/Gleason) To approve the Article K request=
30 Lot 11-187,
(6-0-0) The motion carried.
The Board of Health adjourned and the Selectmen recon= vened.
Merrimack= Valley Water District – Information Discussion – Mr. Michael Scanlon, District Chairman and Karen White, Acting Treasurer
District Chairman of the Merrimack Valley Water Distr=
Scanlon and Acting Treasurer=
White met with the Selectmen to provide and update regarding the District.=
He discussed the importance of
protecting the resources as a region.&nbs=
He discussed money that had been collected from the communities inv=
and how they were spent. He =
was important for the District to remain a viable entity so if/when
Mr. Bergeron thanked Mr. Scanlon and Ms. White for me= eting with the Selectmen and providing an update and their volunteerism. He said it was too bad that an arrangement had not yet been made with Pennichuck, but was hopeful that it would be made and be favorable to the district. He discussed the donations made b= y other communities. He noted that i= n the past the Board had supported the $10,000, but due to the default budget la= st year the Town was unable to donate. He said he hoped the Board would place an agenda item to discuss additional funds for the District. =
Ms. White discussed the concerns everyone had about
Pennichuck merging, or being sold to an out of state company. She said that
Mr. Lynde recognized the need to be vigilant about
protecting water. He said th=
also understood the need to be part of the water district. He said
The Selectmen thanked Mr. Scanlon and Ms. White for u= pdating the Selectmen.
Muldoon F= ield Construction Project Presentation – Selectmen Gleason & George Saurman Present Construction Plans
Mr. Gleason stepped down from the Board.
Members of the Pelham Little League, Mr. Ed Gleason a=
George Saurman met with the Selectmen to discuss the Muldoon Field Constru=
Project presentation. Mr. Gl=
indicated there was dire need for additional fields; Little League had loo=
at some areas and it was felt that the proposed
Mr. Saurman said Little League had been talking about=
project for about a year. He=
Peter Zohdi of Herbert Associates had done the topo for the project. In looking at the project as a wh=
was felt that the best location for the additional fields would be behind =
play ground, which was the highest portion of the Muldoon property. He said this year the intention w=
get the trees cut, the fields in and grass to grow. Consideration was given to any fu=
brought into the park; it was anticipated there would be a donation of lan=
Mr. Lynde asked for a better explanation of where the
proposed fields would be located.
Mr. Saurman explained the location and how it would be laid out.
Mr. Domenico said there was a private organization wi= lling to spend $30,000. He believe= d a second egress was important, but didn’t want it to get in the way of= the plan. He believed the fields, lighting and parking area should be able to move forward and would be will= ing to make a motion authorizing the work with Mr. Gaydos and the Park & Recreation Director (Darren McCarthy) overseeing such as long as there was= an accurate topographic image of the park.&n= bsp; He felt the project should 1) identify the location of easement; 2)= work on the fields; and 3) ensure the Town had proper permits/easements; the co= st being the Town’s.
Mr. Bergeron felt the $28,000-$30,000 contribution wa= s a great thing. He asked if Par= k & Recreation was also involved in the project. Mr. Saurman said they had worked = with Park & Recreation because they would also use the fields. Mr. Bergeron believed the permits= would be taken out by the Town since it was Town-owned land. He said there was mention regardi= ng a swap of materials and wanted to make sure that it would be reviewed to make sure both sides would get a fair amount.&= nbsp; Mr. Danevich asked Mr. Gaydos if a 3rd party would do th= e site estimation. Mr. Gaydos answe= red yes; the same principals would be used as with other properties. He said the permits were needed b= efore work began. The Forestry Com= mittee is forwarding a time line. <= /p>
Mr. Gaydos asked if there was an estimate for the val= ue of the equipment time. Mr. Saur= man said it was approximately $40,000 (at a discounted price). Mr. Gaydos said in the process of obtaining the permits, it was worth the time to try to get them all at one time. He said there would be= some expenses. He said the object= ive would be to work backward from the fall to create a timeline. Mr. Saurman asked if Mr. Gaydos r= ecalled the estimate for the 2nd egress given by TFMoran. Mr. Gaydos answered no. He said TFMoran was just getting = the permitting, shooting lines and getting the area identified for the most efficient area across. The t= hird party person had not yet been identified.=
Mr. Danevich said from an auditor’s standpoint,= there needed to be a way to identify the volunteer time/equipment costs. Mr. Saurman suggested that test p= its be done to help identify the materials.
Mr. Danevich said the Selectmen were supportive of the project in the spirit and intent. The second egress was important.&n= bsp; In keeping with the spirit and intent, any material that came out, = or was exchanged, would be reinvested into the park.
Mr. Lynde asked if the down lighting would be on a ti= mer. Mr. Saurman answered yes. Mr. Lynde said he saw the timelin= e Dan Cyr put together and was willing to authorize that process to start (blazi= ng the trees and put together the bid package).
Mr. Danevich summarized the discussion and what proce=
would be taken to begin. Mr.=
noted that Mr. Zohdi would be providing topographical maps which would help
value the materials. The Par=
Recreation Director will work with Mr. Gaydos. Mr. Saurman let the Selectmen kno=
the abutters had been notified at the time they went before the Planning
Board. Mr. Danevich confirme=
per RSA 674:54 the public hearing had been held. Mr. Saurman asked if Mr. Cyr had =
the trees, or if there was reason Little League couldn’t cut the
trees. He said Mr. Cyr wante=
d to do
the tree cutting in the whole park at one time;; whereas Little League just
wanted to clear the trees in the area of the new fields.. Mr. Gaydos said they would have t=
more information from Mr. Cyr. Mr.
Saurman wanted to know if the value of the timber could be used toward the
engineering or easement out to
Mr. Gaydos said he would report on a regular basis th= e areas that were running parallel and note what would happen with the funds so the time lines could be determined.
Mr. Domenico reviewed Mr. Cyr’s project timelin=
didn’t understand why the process would have to wait until July 3
Mr. Gleason said if the fields were to be done by the= fall, they would like to be in there by July (the latest). Mr. Lynde said he would like to w= ork with Mr. Cyr’s timeline. Mr. Danevich said if the one piece of the park could be pulled out of the plan= , it may help expedite the whole project. He said the Selectmen would meet in two weeks and would have an age= nda item for discussion/update. =
Mr. Gleason returned to the Board.
OTHER BUS= INESS
Raymond P= ark Update
Mr. Gaydos said a topographic map had been done and a= ll applications for permits were submitted. = He continued to discuss the project and how they were proceeding. They planned on bidding out the materials for conversion so the gravel and timber could be traded for work. Mr. Gaydos said the im= portant thing was to have constant updates; the parallel timelines had to continue= to keep moving. He said they we= re looking to get simultaneous permits (i.e. 3rd field and fire suppression pond). Mr. Danev= ich asked how close they were to getting on the Planning Board agenda (for a p= ublic hearing). Mr. Gaydos said on= ce the permits were obtained, they had the drawings and the estimates were receiv= ed, they would request to be placed onto the Planning Board agenda. Mr. Gaydos said a lot of the work= had been done; there was already a contract (with J.R.Gauthier) to bid out the= work and the work to be done had been identified. A lot of the work would be done by volunteers. Everything will = be reinvested in the park. Mr. = Lynde didn’t believe they needed permit approval to go to the Planning Boa= rd. Mr. Gaydos said his goal was to k= eep the Selectmen informed on a regular basis.&nb= sp;
Mr. Gaydos said a pre-construction meeting was held; =
details were reviewed. Traff=
flows have been identified; there are numerous signs that will be posted.<=
style=3D'mso-spacerun:yes'> The project was slated to begin o=
TOWN ADMI= NISTRATOR / SELECTMEN REPORTS
Mr. Gaydos said he had a meeting with the Council on =
and they were interested in trying to forward a design for the future of t=
Mr. Gaydos said a sale was being planned in the back = yard during mid June which would consist of vehicles and various items.
Mr. Domenico, Mr. Gleason and Mr. Lynde had no report= s.
Mr. Bergeron said on
Mr. Bergeron said he attended his first CIP meeting o=
Mr. Lynde questioned why the status of Sherburne Hall wasn’t higher since the use of the hall had essentially been elimina= ted. Mr. Bergeron said he could propos= e it to the CIP. Mr. Gaydos said if = the hall met code, additional meetings could be held in it.
Mr. Danevich discussed the possibility of scheduling =
meeting with the Planning Board, CIP and School Board to come up with a
Town-wide priority list. The=
a consensus to schedule a joint meeting
REQUEST FOR NON-PUBLIC SESSION
(Gleason/Lynde) Request for a non-public session pe= r RSA 91-A:3,II, a, b & d (personnel; Hiring of any person as an employee; Consideration of acquisition, sale or lease of property).
Mr. Danevich-Yes; Mr. Gleason-Yes; Mr. Lynde-Yes; M= r. Bergeron-Yes; Mr. Domenico
Mr. Danevich noted that when the Board returned, afte= r the non-public session, the Board would not take any other action publicly, ex= cept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered i= nto a non-public session at approximately .
The Board returned to public session at approximately= .
(Gleason/Bergeron) To seal the minutes of the non-p= ublic session indefinitely.
(5-0-0) The motion carried.
(Gleason/Bergeron) To adjourn the meeting.
(5-0-0) The motion carr= ied.
The meeting was adjourned at approximately .
&nb= sp;  = ; &= nbsp; &nb= sp;  = ; &= nbsp; &nb= sp; Respectfully submitted,
&nb= sp;  = ; &= nbsp; &nb= sp;  = ; &= nbsp; &nb= sp; Charity A. L. Willis
&nb= sp;  = ; &= nbsp; &nb= sp;  = ; &= nbsp; &nb= sp; Recording Secretary
BOARD OF SELECTMEN MEETING/