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Board of Selectmen's Minutes 03/08/04
Town of New Boston
Selectmen's Meeting
March 8, 2004
PRESENT:                Gordon Carlstrom        Chairman
David Woodbury  Selectman Christine Quirk       Selectman
Burton Reynolds      Town Administrator


A. CALL TO ORDER: A regular meeting of the Board of Selectmen was called to order by Gordon Carlstrom at 7:OOPM beginning with the Pledge of Allegiance.

B. PUBLIC COMMENT: None. C. APPOINTMENTS:

1. 7:OOPM       John Riendeau   Road Agent
John Riendeau was present to give an update to the Selectmen.
Burton discussed with John and the Selectmen a letter received by the Town from Morganne Freeborn who had gone over to the side of the road on Bedford Road where pavement had pushed away in which she received a flat. Ms. Freeborn asked to be reimbursed for the damage she obtained to her rim on her car. Burton is to send a letter apologizing for the damage but stating that this is not covered under the State Law RSA 231:90.
Bored test footings for Dougherty Lane bridge showed there is ledge.
Christine Quirk stated there is a major problem with Base 100 getting calls to the Highway Department. Tonight from 4:30 to 4:45 there were 8 car accidents in 1 hour and 15 minutes. Per John, he received no calls at home and the other staff members have pagers. Per the Selectmen, this is a problem and something needs to be done to receive calls.
The Selectmen all received a phone call from Burt DeYoung who is the DOT District Supervisor for state roads. Bert has questioned why the town is responding to issues such as deer in the road, closing of the roads, etc. Since these are state roads, the state should be notified and responding, not the town. John clarified that they have had three incidents going back to June, a motorcycle accident, a dead deer in the road, and just recently a utility pole incident in which Chief Begin could not get through to the State and asked the Highway Department to close the road due to the urgency. The Selectmen have agreed that a meeting should occur between Chief Begin, John Riendeau, Burt DeYoung and his Supervisor for resolution. As Burt's territory coverage ranges from Route 13 - side of Mont Vernon to Dunbarton and



 Goffstown, there are times in which the Highway Department can assist quicker to
  assist in safety.
Appointed Road Agent - Irene Beaudreau did swear in John Riendeau as the first appointed Road Agent effective March 9, 2004 for a three year term. Congratulations John.

2. 7:30PM       Herget/Hayes    Excavation Hearing
Richard Herget and Carol Hayes were present for a public hearing, in which the hearing notice had been given in the paper, for gravel excavation to remove surface rock from 79 Summit Drive, Map 14, Lot 128, with the stipulations given from the Planning Board and ZBA decisions. David Woodbury stepped down and excused himself as he is an abutter.

Burton gave the applicants the Removal of Earth Products Permit form which was discussed in this public hearing. The Selectmen reviewed the Notice of Decision and Minutes from the Planning Board and ZBA plus referenced that State Law for Earth Products Removal RSA 155:E.
Removal of the earth products: A sketch was given to the Selectmen with the location of the proposed excavation explaining the primary area which is limited to one acre at a time. It was confirmed that all abutters have been notified and Carol submitted answers to questions.
Anticipated duration of removal operations: Carol stated it is ongoing as it is unknown how long the demand or materials will last. Every year they will apply again. Richard stated someone suggested 5 or 6 years and that even though it is under Earth Removal Products/Gravel Pit they are not going to excavate and turn it into a gravel pit; they are just picking up the stone that is on the surface so a lot of things do not apply. Burton explained how other gravel pits give an average of how long they think the pit is going to last. Richard and Carol asked if they estimated 5 years, would they be committed to that. Per the Selectmen, the answer was no.
Estimated quantify of material remaining: The Intent Form which must be sent to the State was explained to Carol and Richard. Burton explained always put more than you intend because if you go over, another form must be sent to the State. Burton asked how much pallets weigh. Richard stated approximately 2/3 of a pallet weighs approximately 1500 pounds. Richard has a one thousand pound scale and weighed - 2/3 yard which weighed 1500 pounds = 3/4 ton. Richard asked if they estimate in tons or cubic yards? Gordon answered cubic yards. As Richard and Carol are unsure what materials remain, they will need to estimate a reserve. Per Selectmen, the removal and material should balance. At this point, pictures were given to the Selectmen showing the area for rock removal which showed areas with some to little rocks. They will map out an area and try to guess how much stone and multiply by the area they have. At this point it was explained to Carol and Richard this estimate helps determine the traveling routes trucks would have to take to remove product, although it has been determined all trucks would have to go up


 and down Summit Drive.
Equipment in use: Richard and Carol where asked to inform the Selectmen which equipment will be in use as they must be aware should they receive any calls. Currently Richard and Carol would only like to work with a mini excavator to gather the smaller pieces and another vehicle a, forklift style the size of a bobcat, would be used for moving and loading pallets. This vehicle also has a bucket and plow blade which would be used to make level pathways. As both Carol and Richard do not have CDL licenses nor do the want to get CDL licenses, they will utilize a one ton dump truck or small dump truck with a trailer to haul stone in the bed and trailer.
Routes for transporting material: The route would be down Summit. If towards Mont Vernon/ Amherst, the route would be left off McCurdy Road, left onto Joe English. If towards Manchester, come onto Bedford Road. Gordon stated this could be an issue as Bedford Road was posted "no thru trucking" as it is not constructed well in some areas. Carol asked if it would be considered "no thru trucking" if you were coming through the middle of it in which Gordon answered yes. Carol asked if the road was bad between McCurdy and New Boston Road and questioned if they had to go through the Center of Town, which the Selectmen stated is also posted "no thru trucking". Carol asked if there was a definition in terms of weight. Christine said there is a weight limit, possibly 6 tons, and they will clarify. It was calculated to haul 4 pallets of stone would equal 3 tons and that a truck and trailer would be close to the 6 ton weight limit. Gordon explained to Richard and Carol that if they are hauling anywhere in town, this is not an issue and that there is a form that must be filled out for local deliveries. When you go outside the boundaries it does become an issue. Gordon further explained this system was designed as in the past when Route 13 had portable scales, the trucks bypassed Route 13 and took Bedford Road and Bedford Road was not designed for trucks. Burton will look up the ordinance for the weight limit and make a copy for Carol and Richard. Richard further stated that this was a "catch 22" because of the neighborhood, the planning board members asked if they would rather have one tractor trailer once a week to haul 30 pallets at once or have 20 truck loads up and down the road and worry about the kids in area. Richard stated, "Whatever the recommendation, they will do and stick to it, but asked let's make up our mind for everyone concerned". Gordon stated they would get back about the gross weight limits and the "no thru trucking" interpretation.
Hours of Operation: The hours of operation will be 8:00 AM to 4:00 PM, Monday through Friday. Carol and Richard asked if they could open on Saturdays for hauling and for people such as landscapers who could only come on Saturdays. It was explained the Gravel Ordinance states in terms of gravel pits they can haul on Saturday but only to someone in New Boston with the hours being 8:00 to 12:00. The Selectmen do not see any issue if someone is coming to look at stone. Burton asked if they were to be prohibited from using equipment on weekends and per the Selectmen yes. There had been no mention in previous minutes with the Planning




Board regarding hauling stone on Saturday and Gordonn stated they have to go with their suggestions. Christine mentioned the neighborhood had concerns with the trucks so she has concerns with trucking with kids out playing on Saturdays. Richard stated "the concerns of the neighborhood was that strangers would be going up and down the street not familiar with the neighborhood who did not know that the children would be out playing so their major concession to that would be they would truck themselves or have one contractor. This one contractor would be under their direct supervision going in and out to make sure there were no problems as far as kids go. When we originally proposed, we said contractors and different people would pick up the stones but there were a lot of people that objected to that because people being unfamiliar" with the street. Christine noted that Saturday hours were not offered as no one was planning on having this done on Saturdays. Richard stated, "this was also not suppose to be a gravel pit regulation as well. It has grown into a much larger thing than it really is." Burton explained to Carol and Richard that with Saturday hauling, you can truck to a person in town with no processing, no using equipment on Saturday, due to noise. Both Carol and Richard stated their operation would not be noisy and they showed the site plan and the top where it is very thick with trees. Burton recommended Dennis Sarrette could come up at their site while they are running their machine. Gordon noted his concerns were not with the machinery but with the banging of rock. Richard stated the point of moving the stone is to do it without scratching the stone. The forklift slides under the stone which does not mark anything that is the inherit value of the stone. It is then placed in the pallets, never just dumped into a truck. The Selectmen agreed to have Dennis look at the site, but the hours will be 9:00 to 12:00 on Saturday.
Bond Status: The amount and type of bond was discussed. It was agreed that a $1000.00 CD per acre would be used rather than Bond as Richard stated they are not really excavating or digging holes. 'The CD is to be issued to the Town with the owners name. The interest accrued is given to the owner and at the end of the year a 1099 form will be given. When all excavation is done and inspected, the money is given back.
Abutters: Gordon asked if any abutters would like to make comments. David Woodbury voiced his concern of erosion in this sensitive area. He does not think reclamation will be as easy as stated but suggested try an acre to see what it looks like. Christine mentioned having a site walk after one acre. Carol mentioned she will do before and after pictures. Another abutter present was Jim Halla who lives at 54 McCurdy Road. His comments were "it's pretty rough country up there, badly stripped cut and all second growth in between all the rocks". His concerns were with taking the rocks out and having a path, with having heavy rain could cause substantial erosion. Richard and Carol responded to Jim's remark stating they have had forestry people walk the area and said they would actually be doing a real service by thinning out the saplings. The upper half of the property is the clearer part of the property and there is very little that they would have to do as far as


       disturbing root masses. The plan as far as conservation efforts would be any pathways in and out of the area would be on the traverse of the slope rather than the vertical part of the slope so that it sort of terraces so that any ground water, if there were heavy rain, would come done and stop slow at the terrace. Also mentioned was a silt pond built 25 years ago when the Elliot's put all the roads in. It works very well and captured 99% of the silt from all the roads that were built. There are sections along that pathway, along those roads, that are set up already as silt ponds and when it gathers it gives all the sediment to settle out, but by traversing rather than going up and down the slopes is what are plan is so that we minimize water flow. Carol added a well seeded patch of ground is better erosion control than rock. Jim further stated he had no problem with what Richard and Carol were trying to do, he does not feel they are trying to develop a sandpit and that the safety issues have been addressed.
Application for Permit for Local Residents: Was reviewed with the applicants. It was noted there was a requirement for erosion control specialist to come before and after who has come to the location. The two outstanding issues is the route and to have Dennis research the noise content. It was further explained there is a 2 cents gravel tax per cubic yard which will be converted to weight. Burton provided information received from Mary Pinkham Langer, the State Gravel Expert, on converting cubic yards to weight. The Notice of Intent to Excavate was given to complete. Public hearing ended.

3. 8:25PM       Jane Carr       Christie Road
        Jane Carr was present to ask the Selectmen to have the name of Christy Road which was misspelled some time ago corrected to Christie Road. Jane stated she has lived on Christie Road since 1975 and when the new road signs were put up, the misspelling occurred. Per her deed and map, Christie Road should be spelled with "ie". Present with Jane was Bob Todd who testified the spelling was incorrect. Bob stated that in the 1858 Wall Atlas and the 1898 Herd Atlas, Christie Road is spelled with "ie" and this road was named after the prominent family Christie who lived on the south end of Christie Road.

        The Selectmen agreed that the spelling of Christie road would be corrected and that the 911 system would have to be changed. New signs will be ordered and the residents of Christie Road will be notified of the correct spelling of Christie Road. Using the Road Name Change Procedure, it will technically change as of January 1, 2005.

4. 8:45PM       Mike Sindoni    Recreation Director Applicant
        Mike Sindoni along with Lee Brown were present to meet the Selectmen. Mike Sindoni has accepted the position of Recreation Director. Mike moved to New Hampshire 10 years ago and lives in Manchester with his wife Carrie and son Anthony who is 13 months old. Being employed at the Manchester YMCA for 9 years, his background includes aquatics, sports, childcare and family time. Mike is to start effective March 22,



2004. Welcome Mike.

        David moved that Mike Sindoni be named Recreation Director for the Town of New Boston. Christine seconded the motion. All were in favor.

D. APPROVAL OF MINUTES:
1. Minutes of February 23, 2004 - The Selectmen reviewed the minutes. Corrections were noted. Dave moved that they be as accepted as amended. Christine seconded the motion. All were in favor.

OLD BUSINESS:
1. Planning:
Kristi Citak - Hair Salon - Application for home business hair salon
was accepted as complete and approved with conditions.
Clark Hill Realty - Hearing for apartment complex was cancelled at
the request of the applicant.
Friendly Beaver Campground - The hearing for interior road within a buffer area was denied. The Friendly Beaver Campground is scheduled for a hearing with ZBA and the Planning Board is to right a letter stating they are in favor as this application has been in for quite some time and did not realize the warrant would affect the application.
13 to 15 Hopkins Road - Submission of Application - preliminary hearing for major subdivision of 9 lots by Joseph Swiezynski. The applicant is seeking approval for 9 duplexes. A site walk is scheduled for March 20th at 8:30 AM which Chris will be attending. Land will be donated to enlarge the road which will remain dirt. A traffic study will be conducted and a hearing will be scheduled with the Selectmen.
Cindy Fern/ Linda Morrison - Hearing for lot line adjustment on Bedford Road. Application was complete and approved as a minor subdivision.
Use of Portion of Pulpit Road - Rick Martin of Right Way Builders has asked the Selectmen if a portion of the Class 5 section of Pulpit Road could be used as a driveway for his proposed 2-mufti family building apartment complexes. The Selectmen are also in receipt of a letter from Nic Strong asking the Selectmen to give some thought to permanently discontinuing use of this road due to extensive wetlands. David feels reluctant to give up this right of way and it was agreed by the Selectmen to consider making all of Pulpit Road a Class 6 and to take this issue to the Town next March.

F. NEW BUSINESS:
1. Moss Drive Acceptance - Minutes from the planning board where they approved the subdivision was reviewed. The core sample and bonding was


okay. David moved that Moss Drive be accepted as a public Class 5 road in New Boston. Christine seconded the motion. On a two to one vote, the Board approved Moss Drive. Gordon opposed with his reason being of a broader issue of contractors responsibility and taking ownership of potential problems and not passing them onto the town which seems to happen a lot. Gordon feels the bond should be in place.
2.    Letter to Joe Thompson - A letter was reviewed and signed by the Selectmen wishing him well.
3.  Attendance at the Polls - Christine will be in attendance at the polls to Certify the results.
4.  Appointments for 2004 - As the deadline is March 19, 2004, Burton is to contact the incumbents to come in to sign up.
5.  Gravel Permit Renewals - The Gravel Permit Renewals have all been sent out. Once received, they will be reviewed with the Selectmen.
6.   Evaluations - Burton wants to critique the evaluation process and ask for any ways of improving the evaluation system. Once the Selectmen comment, he will share the ideas with the Department Heads and get their feedback. As it can be difficult getting evaluations done in a time manner, Burton has come up with an evaluation schedule which would go in the same order as the budget schedule.
7.    Personnel Issue: A status report has been requested from the Police Dept. A meeting will be scheduled so that a status report can be obtained.

G. OTHER:
1.  Transfer Station - The Transfer Station has received a disruptive visit from a resident. A letter will be sent to address this issue with the resident.
2.   State Representative Email Addresses - Burton has received the State Representative email addresses. Should the Selectmen have any questions, Burton will contact the State Representative via email.
3.  Perambulation Letter - A perambulation letter for Mont Vernon and New Boston was reviewed, signed by the selectmen, for sending to Mont Vernon for signatures.
4.  Web Site Updates - Tom Joseph and Lee Brown would like to assist in the update of the New Boston website. Ideas that will be researched are accepting MC/ Visa for both the Recreational. Department and the Tax Collector's Department as this request is often received.
5.  Foxberry Drive - Although a letter has been sent to Joseph Foistner regarding the removal of the "no trespassing" signs, to date the signs have not been removed.

H. PUBLIC COMMENT: None.

I. ADJOURNMENT: David made a motion to adjourn the meeting at 10:25PM. Christine seconded the motion. All were in favor.

Prepared by Karen Heselton