TOWN OF CHARLESTOWN
SELECTBOARD MEETING
JANUARY 19, 2005
Selectboard Present: Steven Neill, Brenda Ferland, Jon LeClair
Staff Present: David Edkins, Administrative Assistant
Keith Weed, Highway Superintendent
David Duquette, Water and Sewer Superintendent
Edward Smith, Police Chief
Robert Davis, Transfer Station Superintendent
CALL TO ORDER & PLEDGE OF ALLEGIANCE: Chairman Steven Neill called the meeting to order at 7:04 P.M. and the Pledge of Allegiance was recited.
PUBLIC HEARING – Petition to Lay Out Great Country Road as a Class V, Town-Maintained Highway: Steve Neill called the Public Hearing to order at 7:06 P.M. for a Petition from Victor St. Pierre to lay out Great Country Road as a Class V, Town-maintained highway. Dave Edkins advised that the Planning Board approved a subdivision last fall for Victor and Nancy St. Pierre that included using the Great Country Road that is a Class VI road to gain access to it. That subdivision approval was contingent upon the Town taking over the road as a Class V Town-maintained road. Victor St. Pierre submitted the Petition to the Selectboard and the Public Hearing by the Selectboard is required prior to taking action. The Public Hearing notice was posted, a notice was mailed to all of the abutting
landowners and all the mortgage holders of any land that might be affected or adjacent to the road. This afternoon at 3:00 P.M. the Selectboard met at the site and physically inspected it. A few maps were on display. Victor St. Pierre began his presentation. He petitioned to up-grade the Great Country Road from Class VI to Class V and wants to make sure he has plenty of proof; he distributed 25-page handouts to the Selectboard. Some of the surveys have been in error to this point and he hopes to clear up any misunderstandings. Victor St. Pierre explained his handout documentation on a page-by-page basis to confirm that the Great Country Road was declared a Class 6 road. The handouts included Minutes of a Selectboard meeting in 1784 when the Selectboard declared the Great Road as a two-rod wide road leading to Claremont on Lot #3 (third paragraph), maps of the area, a map of Sunnyside Circle showing the road, copies of Deeds, a letter from
William J. Fitzgerald (Land surveyor), a letter from David M. O’Hara & Associates (Licensed Land Surveyor), a letter from the Charlestown Board of Selectmen (dated April 27, 1988), a letter from Buckley & Zopf (Attorneys at Law), and a report from Barbara E. Paronto (Title Abstractor). Steve Neill asked if anyone would like to be recognized.
Albert St. Pierre noted there are several issues on this piece of land that the Selectboard should look at. His statement would be that everybody in Charlestown is watching this decision because if the Selectboard allows this road to be up-graded other people on the Sam Putnam Road, Meany Road, Old Stage Road, Lamb Road, etc. will be looking to open them up for development. In 1989 the Planning Board turned down two major applications for development. The Milton Jewell development on the Gillespie Farm behind Mary Gray’s house. Even though it is a town road with 33 feet and the developer was going to up-grade it from the River Road it was determined that since the developer couldn’t obtain a 50 feet right-of-way the Town would not have enough room to push the snow, there was not enough
room for sidewalks, etc. The second application that was turned down in 1989 was the Dwyer development because he couldn’t get a second exit as he was going in more than 1,000 feet. These have been issues with other developers in Town. This road alone is 1,000 feet before the new road starts and that is another 1,100 feet. If the Selectboard over-rides these rules for 20+ years, they are opening up a lot of potential for roads and more development.
Tim St. Pierre, a representative of St. Pierre, Inc., was hoping to get some answers from the documents on the discrepancies for the ownership of the road but now he is more confused. To say who owns that strip of road is unclear. The letter from Buckley and Zopf says it “could” make the argument that the Planning Board has already approved the petitioned highway as a part of the recorded plan. Tim St. Pierre is still of the opinion that St. Pierre, Inc. owns the rights to that property. Reading the Deed from Dwight Hill it does say there was a private road to that property but it doesn’t say if it is a Town road or a two-rod road. He does not contest that Victor St. Pierre has an 18-foot private access into his property. Some documentation keeps it in a “gray” area. Mr. Fitzgerald states “there was no specific layout (bearings and distances) found” and that “because no specific layout was found it is not possible to layout the exact location of Great Country Road”. At the
very end of his letter he states “It does appear, based on those plans, that St. Pierre, Inc. does own a 50-foot wide strip. Who has access rights I don’t know.” It is not conclusive. We are still looking for answers.
Jon LeClair felt that some of the things are non-conclusive. Dave Edkins questioned Tim St. Pierre on the 1979 subdivision when St. Pierre, Inc. created the two lots and according to the survey map the 35-foot strip of land was reserved for future access. With the layout of the road, even if St. Pierre, Inc. retained ownership of some of that strip, wouldn’t a public road enhance that strip for access? Tim St. Pierre believes it was St. Pierre’s, Inc. intention to retain the 35-foot strip because they felt it would be very valuable should property in the back become available for sale. They wanted to keep their options open and felt it could be combined with the old Woods Road and bring it up to the Town’s specifications but it was never intended for the Town to benefit from it;
it was a business decision. Dave Edkins said if the Town was to layout a highway using some or all of that 35’ wide strip it seems that St. Pierre, Inc. would be entitled to some damages but it does not seem it would be too high; maybe we should be looking at some number. He asked if St. Pierre, Inc. would want to give that concept some thought. Tim St. Pierre has thought a lot about that figure but it would be a tough pill to swallow as he believes it is a valuable piece of land. There was some foresight when that strip was carved out; his grandfather felt it would be valuable.
Mike Neel is the owner of a house on Sunnyside Circle, it is next to Great Country Road and he wonders what will happen to his septic system with water run-off from the road because it is on the side of the road; he doesn’t know how far the septic system has to be from the road. He has the plans but they do not show where the leech field is. Victor St. Pierre said the code is ten feet from the property line. They closed all of the drainage with curbs going along that stretch of property so there shouldn’t be a problem. The water would run back over the curb so the run-off would not be trapped. The system is designed so all the water run-off would go into a pipe on the side of the road and then it goes back into the ground to be absorbed. The subdivision water itself will all
be contained on the site. Albert St. Pierre said his dad designed Sunnyside Circle so that the water runs into the middle but after the Town paved the road all the water runs to the outside. There is a dry well but now there is a pond because it cannot handle all of the water from Sunnyside Circle. The dry well does not work. Victor St. Pierre addressed the water issue in his plans to the Selectboard and Keith Weed. It is very sandy soil and Soils Engineering did the calculations.
Victor St. Pierre stated that most of the roads in Charlestown are not 50-foot wide. Route 12-A is 33-feet wide where he is tying into it. Most of the roads are 2 or 3 rods wide. The engineering for the proposed road is all there.
Tim St. Pierre said a part of his concern is that they were not notified of the original subdivision application before the Planning Board as they feel they were an abutter so they did not have the opportunity to ask any questions.
Jesse St. Pierre commented on the 33-foot right-of-ways. When the State of New Hampshire comes through today they do their roads at 50 feet. We should follow the rules they have now.
Robert Davis recently did a subdivision for three houses and the only way he could do it was to have the 50-foot property.
Dave Edkins advised that most of this information was submitted to the Town’s attorney and they advised that this is the process to use but the ultimate decision is up to the Selectboard. There are a number of issues. Is the Selectboard of the opinion that the Town should accept the road; this road is a benefit to Victor St. Pierre but is this road of any benefit to the public. If so, is 33-feet adequate? There is room to make a 50-foot right-of-way but Victor St. Pierre has petitioned for a 33-foot right-of-way. Is it in the Town’s interest to accept the road. It should not be accepted until it is brought up to the Town’s standards.
Dave Edkins advised Victor St. Pierre that he would be responsible for any legal expenses incurred by the Town. It is possible that St. Pierre, Inc. has some ownership in that strip of land and might be entitled to some damages/reimbursement. He suggested that Victor St. Pierre obtain a land appraisal of the strip of land owned by St. Pierre, Inc. as it might assist with the negotiation process. Victor St. Pierre was agreeable to doing this. Mr. Edkins asked if there has been any discussion between Victor St. Pierre and St. Pierre, Inc. regarding the acquisition of this strip of land. Victor St. Pierre advised that they did meet, he made a proposal and St. Pierre, Inc. made a counterproposal but they were way off. Tim St. Pierre confirmed that they were far apart but they can keep that
door open in the future.
Steve Neill advised that this Selectboard is not ready to make a decision one-way-or-the-other at this time but need more time to explore the facts presented as well as some of the questions that have been posed.
Brenda Ferland moved to recess this Public Hearing until the Selectboard meeting on Wednesday, February 16th, 2005, at 7:00 P.M. Jon LeClair seconded the motion. All in favor, so voted. The time was 7:55 P.M.
MINUTES OF PREVIOUS MEETING(S):
Brenda Ferland moved to approve the Minutes of the Nonpublic Selectboard meeting of January 5, 2005, as printed. Jon LeClair seconded the motion. All in favor, the motion carried.
Brenda Ferland moved to approve the Minutes of the regular Selectboard meeting of January 5, 2005, as printed. Jon LeClair seconded the motion. All in favor, the motion carried.
DEPARTMENT HEAD REPORTS:
Transfer Station: Robert Davis was present but had no new business to discuss.
Police Department: Police Chief Edward Smith requested that the Selectboard include a Warrant Article on the Annual Town Warning to see if the Town would be interested in funding a regional prosecutor but the funding will not be proposed until the year 2006. He provided information on what Cheshire County uses. Dave Edkins advised that it would be in order to include this Article this year as there is no money attached to it. Chief Smith has a cracked windshield in the SUV that will have to be repaired. Brenda Ferland asked Chief Smith to provide her with the procedure that this Police Department uses when they arrest a child as the Legislature will be voting on charging parents $35.00 every time their child is arrested.
Town Meeting Moderator: Albert St. Pierre will attend the February 2nd, 2005, Selectboard meeting to go over the Warrants before the Town Meeting.
Water and Sewer Departments: Dave Duquette noted that it has been very cold. The department had two Town water leaks, one private water leak and two frozen meters. They have been working on installing meters. He started the industrial equipment paperwork for Bomar who are asking for an increase from 5,000 to 10,000 gallons; it is up to the Water Commissioners to let them increase that capacity. All costs for testing will be borne by them. The treatment plant has sufficient capacity. Bomar uses between 3,500 to 4,500 gallons or so now each day. Bomar is close to being maxed out and they have plans to grow. A renewal permit would be good for five years. The Selectboard felt that as long as the Town has the capacity and there is no cost out of the town’s
pocket except for the administrative costs they would support the additional capacity. Dave Duquette will pursue the increase. He also has to do inspections on all of the contaminant possibilities in the wellhead protection areas and hopes to finish that by the end of February. Waivers will be before the Selectboard by March 1st. The Selectboard will review the bill and pictures submitted by Mr. Bushway between now and the next meeting.
Highway Department: Keith Weed reported that since the last meeting there were a few snow events and he provided worksheets including information on man-hours, equipment, etc. for the Selectboard’s review. As a result of the rain, there were a few washouts the other day including in the Putnam fields. There is a leave request in front of the Selectboard and a sample form he wants to start using on mileage and materials (how many loads are going out, etc.). Steve Neill suggested using the word “fuel” instead of “gas”. There was discussion relative to establishing an Excavation Permit that will be manageable and enforcing it. Following a discussion, it was agreed that the Highway Department, Water and Sewer Departments, and Fire Department (who will
notify the ambulance service when permits are issued) work on the proposed Excavation Permit and bring it back to the Selectboard for their consideration.
NON-PUBLIC SESSION – Department Head – Personnel:
Jon LeClair moved to enter into a Non-Public session pursuant to RSA 91-A:3 II (a) to discuss personnel. Brenda Ferland seconded the motion and, on a roll call with all in favor, the motion carried. The time was 8:30 P.M. Keith Weed will attend.
The regular meeting resumed at 8:44 P.M.
PUBLIC COMMENT:
There was no public in attendance following the non-public session.
SELECTBOARD COMMENT:
There was no Selectboard comment at this meeting.
OLD BUSINESS:
Continuing Agenda: Steve Neill feels that the Selectboard can work on the continuing agenda in the near future.
FINANCIAL ADMINISTRATION – Payroll, Purchase Orders, Vouchers, Warrants, Abatements, Etc.: The Payroll was approved and signed by the Selectboard.
Purchase Orders: The Selectboard approved and signed the following purchase orders: 1) Water Department – Moriarity Waterworks $27,000.00 for meters; 2) Water Department – Tie Sales $27,665.00 for meters and parts; 3) Water and Sewer Departments – Seminar registration for Dave Duquette and Rod Rumrill $540.00; 4) Water and Sewer Departments – Pack Company $467.28 for chemicals; 5) Sewer Department – Nortrax $387.44 for the pump stations generators. A purchase order for the Water and Sewer Departments for a colorimeter for analysis in the amount of $610.40 was put on-hold.
Warrants: A Warrant for Timber Tax in the amount of $2,700.81 was approved and signed.
A Warrant for the Tax Collector’s Jeopardy Assessment in the amount of $4,212.06 was approved and signed.
A Warrant for the Tax Collector for Added Property Tax in the amount of $1,818.44 was approved and signed.
Notice of Intent to Cut: The Selectboard approved and signed a Notice of Intent to Cut on the Connecticut Heights Road.
Cemetery Deed: A Cemetery Deed for the Pine Crest Cemetery for two lots was approved and signed by the Selectboard.
Abatement: Jon LeClair and Steve Neill signed an Abatement in the amount of $106.61 plus interest for a mobile home in Morway’s Trailer Park as recommended by the Town Assessor. Brenda Ferland did not sign the Abatement.
APPOINTMENTS, PERMITS, LICENSES, & RESOLUTIONS:
There were no Appointments, Permits, Licenses, or Resolutions at this meeting.
ADMINISTRATIVE ASSISTANT’S REPORT:
Fling Road Bridge: Dave Edkins reported that there is no money left over in the 2004 budget for the Fling Road Bridge so it will have to come out of the 2005 budget. A new contract will be required. He is waiting for McFarland-Johnson to provide him with calculations on the 25-year storm.
COMMITTEE REPORTS:
Conservation Commission – Jon LeClair: Jon LeClair has been attending the Finance Committee meetings on Monday evenings but will start attending Conservation Commission meetings next month. Dave Edkins talked to Dick Holmes and reported that the Conservation Commission worked with Jan Lambert on reviewing the Natural Resources Chapter that the Planning Commission is working on. They are talking about the future of the land along the river that the power company now owns and the Town of Rockingham will soon own.
Solid Waste Committee – Jon LeClair: Jon LeClair reported that the Solid Waste Committee will meet next Wednesday afternoon to discuss some proposals, possible changes and fee increases. The Committee plans on coming to the next Selectboard meeting with a proposal.
CEDA – Brenda Ferland: Brenda Ferland advised that CEDA prioritized the list for Mr. Weaver. Brenda Ferland and another CEDA member will work on up-dating the covenants.
Ambulance Department – Brenda Ferland: Brenda Ferland reported that the Ambulance Department has two new members who are in classes now and they will be able to cover the day shift. The new ambulance is expected at the end of March. Training classes are being given to the police officers by certified CPR people. The crew had a very busy start to the new year. A FAX machine is now in service. Steve Neill asked why Debbie Beaudry wasn’t shown on the payroll for the second half of the year as she made numerous calls.
Heritage Commission – Brenda Ferland: Brenda Ferland advised that they would meet later this month.
Planning Board – Steve Neill: Steve Neill reported that the Planning Board met last night. They took the following action: 1) Did not approve the Sign Application from the Charlestown Women’s Club for the plaques they proposed for the poles; 2) gave final approval on the Sam Putnam Road for the two-lot subdivision for the Mitchell Family Trust; 3) gave final approval to the Student Conservation Association for a temporary modular building addition that will be removed by September 1st, 2006 and 4) Andrew and Lori Cook were given approval for completeness for a three-lot subdivision on the Langdon Road. The Planning Board worked on the Master Plan.
WARRANTS FOR TOWN MEETING:
Steve Neill wanted to go through the Warrants to designate speakers who should be notified to be available at the Deliberative Session.
Article 3: The proposed budget will be presented by Rick St. Pierre.
Article 4: Jon LeClair will speak on this Article –Optional Veterans’ Tax Credit– Property Tax.
Article 5: Jon LeClair, or someone else from the Finance Committee, will speak on this Article – a new John Deere backhoe.
Articles 6 and 7: Bruce Putnam, as Chair of the Highway Advisory Committee, will speak on Articles 6 and 7.
Article 8: Brenda Ferland will speak on Article 8 – Bakery Building.
Article 9: Dave Edkins will contact Kate Brenton, Library Trustee, to speak on the renovations.
Article 10: Dave Edkins will contact the Library for them to designate a speaker on the carpeting.
Article 11: Gary Stoddard, or his alternate choice, will be asked to speak on the purchase of a compressor/air pack station.
Article 12 & 13: Bill MacDonald, or his alternate choice, will be asked to speak on the rehabilitation of the Town swimming pool.
Article 14: Brenda Ferland will speak on the establishment of a Capital Reserve Fund.
Article 15: This is a Petitioned Article by the Finance Committee.
Article 16: Police Chief Edward Smith will speak on the proposed Regional Prosecutor.
Fall Mountain Region School District Issues: There was a brief discussion regarding the proposed school budget, issues and Warrant Articles.
ADJOURNMENT:
There being no other business, Brenda Ferland moved to adjourn the meeting. Jon LeClair seconded the motion and, with all in favor, the motion carried. The time was 9:15 P.M.
Respectfully submitted,
Regina Borden, Recording Secretary Approved,
Steven A. Neill, Chair
Brenda L. Ferland
Jon B. LeClair
(Note: These are unapproved Minutes. Corrections, if necessary, may be found in the Minutes of the February 2nd, 2005, Selectboard meeting.)
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