Town of New Boston
Selectmen's Meeting
April 4, 2005
PRESENT: Gordon Carlstrom Selectman
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 7:00PM beginning with the Pledge of Allegiance.
B. PUBLIC COMMENT: No public comments were made at this time.
C. APPOINTMENTS:
1. 7:00 PM Dana and Joan Haley Temporary Trailer Hearing
This public hearing was noticed in the paper as Dana and Joan Haley wish to erect a temporary trailer on their property on Lull Road to live in while they are building a permanent residence. This is a routine matter and the Haleys have paid the fees necessary. One abutter was present who had no objection. Christine made a motion to close the hearing, Dave seconded the motion. All were in favor. Christine made a motion to accept. Dave seconded the motion. All were in favor.
D. APPROVAL OF MINUTES:
1. Minutes of March 21, 2005 - The Selectmen reviewed the minutes. Corrections were noted. Christine moved that they be accepted as amended. Dave seconded the motion. All were in favor.
E. APPOINTMENTS:
2. 7:05 PM John Riendeau Road Agent
John was present to meet with the Selectmen to discuss the recent damage to the roads that occurred over the weekend due to heavy rains.
There is damage from Meetinghouse Hill Road all the way to the town hall and to Molly Stark. The lower part of Chamberlain Road was damaged. On lower McCollum, the edge of the road was taken out. In one particular area it is undermined halfway into the road. The culverts on Thornton, McCurdy and South Hill Roads clogged with leaves several times during the storm despite the road crew cleaning them out periodically during the storm. John says the damage this year overall was not as bad as last year. The Selectmen asked him for suggestions on how to fix these problems.
On Thornton Road the problems are coming from a cleared field where woods once absorbed all the water. The water flows down the field around the rock wall and into the road. A solution there would be to build a berm and divert the water. John wants to check with Brian Dorwart of the Road Committee to see if he has any other suggestions on this one.
This is the first time John has seen a problem in the area of McCollum, Chamberlain and South Hill Roads. He believes the problem is from an area where a new building is with an unfinished yard. He is going to talk to the property owner to get the water diverted into the nearby stream.
On Meetinghouse Hill, new grates called Beehive Grates could be installed. They are made to allow leaves to flush through. One problem is the grate is not compatible with the current frame shape so the town would probably have to buy both the grate and the frame and change both. Regarding the damaged front yard and steps, the road crew was working at the property today to make it safe for the property owners. Dave asked if the town has an obligation to put the landscaping back the way it was. The property owner was present and stated that her husband doesn’t mind putting the walkway back together. The road crew plans to fill in the holes in the driveway with gravel to make it safer. Dave suggests that Rhoda Shaw Clark’s property might hold the solution. John might put in a
manhole with a grate to catch extra water when it overflows. Burton says federal aid might be available after the damage is assessed.
John plans to fix the dirt roads first then Meetinghouse, McCurdy and lower McCollum. He had a preliminary meeting with the owner of the property on Bog Road where the culvert is at the sharp corner because he wants to extend the culvert. He discussed it with the property owner who will think about it.
F. APPROVAL OF MINUTES:
2. Minutes of March 7, 2005 - The Selectmen reviewed the minutes. Corrections were noted. Dave moved that they be accepted as amended. Christine seconded the motion. All were in favor.
G. OLD BUSINESS:
1. Planning:
· Election of the officers- Everyone kept the same positions. A new application from Douglas Hill for alternate on the Planning Board was reviewed and he was present at the meeting to apply. He has lived in town for 3 years, he is a builder and has built 7 houses in town. He has experience with Planning Boards in other towns. The Board moved to send it to the Selectmen.
· Steep Slope Committee-Willard Dodge asked to reinstate the Steep Slope Committee to work on this for another year as new things have been brought up by the concerned citizens that weren’t considered before. Approved by the Planning Board.
· Cingular, formerly AT&T Wireless-The Attorney for Cingular asked the Planning Board if they could move forward with their application or if they have to start over again as their time ran out. The Planning Board granted an extension of 60 days for the Town Hall and 120 days for Wilson Hill.
· Franklin and Dorothy Fillmore-Meeting cancelled by applicant.
· Jonathan and Jessica Willard-Planning Board will accept the application. They want to open the fence at the preschool and use the road. It was determined on the site walk the road is a private road and they will need permission from the school. They have an appointment to go before the School Board.
· David and Janet Nixon-The Planning Board accepted their application to make a 2 lot subdivision on their property off Lyndeborough Road so their son can build a house. Janet requested a conditional permit so they could get started right away but the Planning Board denied this request as they don’t do that. The site walk scheduled for the morning of Saturday April 2 was cancelled.
· Alexander Clark lot line adjustment-Accepted as complete and approved.
· Carolyn Mohan-Request to subdivide her property to two lots to donate a good portion of her land to conservation.
· Granite State Concrete-They completed all the changes the ZBA wanted. They requested a decreased rate in the cost of their site plan for the gravel pit on Salisbury Road as they estimated it would cost $12,000 at the current rate. Christine objected to this as the Planning Board would be setting a precedent if they did give a reduction. Nic Strong did grant a reduction and charged $250 saying the current rate usually applies to small businesses and the fee is only to cover the cost of review of the plans. The Selectmen suggest that the Planning Board will have to make a new rule about this such as setting a maximum charge and Burton will send the
Planning Board a memo. The non-residential site plan review was approved and it will be heard again May 10.
· Applications and permits-The Planning Board want the Selectmen to handle the permit portion of the approval process for the gravel pits. The Selectmen do so now with the Planning Board doing the site plan portion. The Selectmen do have an opinion about this from Bill Drescher and an applicable statute saying this split approach has to be approved at Town Meeting. Otherwise, it is a Planning Board responsibility. A checklist should be made up to go by for each permit. Dave thinks the Planning Board may have total responsibility for this until it is voted upon at the Town Meeting next year. The Selectmen’s office will handle the permit
renewals, however.
· Removal of Stone at Rock Picking Place on Joe English Road-The applicants requested to be allowed to have increased hours, employees and a change to their staging area. All were allowed by the Planning Board except the employee changes. Dave expects the abutters will be concerned about these changes. He asked if Christine would ask at the next meeting if amendments deserve the same notice to abutters as the original site plan.
2. Steep Slopes Ordinance Opinion-Gordon states that the purpose of this meeting is to declare the protest petition as valid or invalid. Dave states that only a court can make that decision. The Selectmen have reviewed letters from Attorney Drescher and Attorney Cronin. The Selectmen had asked Attorney Drescher his opinion on what they should do about this, and a portion of the letter from Town Counsel Bill Drescher was read where he lays out the procedure he suggests the Selectmen take. Dave says the Selectmen should not determine the result of the vote, it is up to the Town Moderator to declare the vote and the material should be sent to him. Christine and Gordon agree as the people have voted and they are not prepared to override the vote.
Dave moved that the Selectmen concur with the opinion of Attorney Drescher’s letter and transmit the concurrence to the moderator so he can declare the vote. Christine seconded the motion.
The Selectmen are aware there are concerns about the parameters and the Planning Board is putting the commission back in place to look at the issues. Steve Dunbar in the audience stated that he talked to someone in the morning who said that Article 2 didn’t pass, but later that same day the website said that it was under review. Jim Dodge doesn’t think this covers the whole town as Attorney Drescher seems to say in his letter. The Selectmen wouldn’t answer these questions at this time as they felt this was not the proper venue to debate them. When asked why the Selectmen asked for an attorney opinion, they answered they did so because they were unsure of the validity of the protest petition. When asked by Claire Dodge what the Selectmen and Attorney Drescher suggest that
the petitioners do now, the Selectmen answered that they should check with Attorney Cronin. Steve pointed out that the actual article on the ballot did not match the article printed in the town book. An audience member asked the Selectmen to table this until the Committee has made its decision but the Selectmen are unable to do this as the town has already voted on it.
Bill Weston from the Steep Slope Committee spoke and asked the audience to participate with the reconstituted committee. The upcoming meetings will be noticed. The next meeting is scheduled for April 14, 2005 at 7:00 at the Town Hall.
Gordon stated the motion was on the table. The Selectmen voted and all were in favor.
3. Trespass Ordinance-The need for an ordinance came about because of issues with partying on the railroad track right of ways and police didn’t have an ordinance to deal with it. The Selectmen asked the police to draft an ordinance for these and other public grounds in town. The School Board is also reviewing the draft ordinance.
The police asked the Selectmen to set the amounts of the fines. Burton read a statute that states towns can assess fines up to $1,000. He will have Town Counsel Leslie Nixon double check this. It was suggested that the fine be $100 for the first offense, then $250 for the second offense within 365 days.
Regarding the sections on dangerous weapons and smoking on school property, the schools are already covered by state and federal laws. These particular sections may not be necessary and the Selectmen will check with the SAU.
Bill Drescher was consulted and said that the town doesn’t have to vote on this ordinance. It may be passed by the Selectmen after a public hearing. Burton will check with Leslie on if different commissions will have to oversee the enforcement of the rules on their respective properties or if this can be delegated to one organization.
4. 2005 Goals-The Selectmen reviewed a list of 28 goals for the upcoming year.
5. Police Chief Search-Burton was expecting a draft of an ad to come in today from the Municipal Association but it didn’t come in. The deadline is tomorrow so he expects it then.
H. NEW BUSINESS:
1.Review of Applications For Boards/Committees-There were no new applications for the Conservation Commission, Forestry Commission, Recreation Commission, Zoning Board or Road Committee. These people have all decided to continue serving. Kevin Collimore and Brandy Mitroff have applied for the Finance Commission. Ken Lombard and a new applicant, Mica Stark, have applied for the Open Space Committee. On the Planning Board, Travis Daniels and Bob Furey will continue, along with a new applicant, Doug Hill, who they have recommended to be an alternate. Steve Burkhamer and Kevin St. John have applied for the same spot on the Solid Waste Committee. Kevin St. John could be an alternate. There will be a vote at the next meeting.
2. Letter for Transfer Station Use/Review Pamphlet-The Transfer Station warning letter was reviewed by the Selectmen. Gordon suggested a comment be added that the Transfer Station is for private individual use, not for businesses. Christine points out that businesses can use it if they abide by all the rules of the Transfer Station. Gordon suggests removing paragraph 2 as it is redundant and says the tone of the letter should be tougher as it is a warning letter. Dave and Christine agree with his suggestions. Burton will prepare another draft. The pamphlet will be reviewed by the Selectmen.
3. Gravel Pit Application Renewals-Most of the applications and fees have been received and are ready for review by the Selectmen. They were due April 1. Approximately 6 more are expected to come in. Clifton Wilson seems to be the only problematic application at this time as his redo was expected but has yet to be received.
I. OTHER:
1. There will be a meeting with the insurance company on April 5 at 2:00 regarding the flood damage to the town hall. The sprinkler system will be checked tomorrow by Carter Sprinkler Company.
2. An application was received today regarding naming a new road in a subdivision off Greenfield Road “Daylily Lane.”
3. Burton asked if the Selectmen are ready to send the letter to the Fire Wards. The Selectmen will review the letter.
4. The Library has inquired if their funds appointed on a Warrant Article in 2001 can be retained despite the requirement that funds normally lapse at the end of the year. A letter to the library has been prepared with a copy of the applicable RSA attached. The library needs to disclose what they want the money for this year. This may need to be brought before the voters next year.
J. PUBLIC COMMENT:
1. Jim Dodge asked if the Selectmen had read the last paragraph of page 4 into page 5 of Attorney Drescher’s letter. He states that Attorney Drescher is making an assumption, not a fact and the Selectmen made their decision on the Steep Slopes based on an assumption, not fact. Jim states that Attorney Drescher’s recommendation is flawed as he is assuming steep slopes is defined as greater than 1/3. The Selectmen have read the letter but don’t agree with Jim’s analysis. Jim asked if Attorney Drescher should be asked how he came to his recommendation and Dave answered not at this time as the moderator has the ultimate authority to declare the outcome of the vote. It is not 100% decided until declared by the moderator. Lee’s final
declaration will be public record.
Claire asked when will this be final and what can the citizens do? The Selectmen again answered it is up to the protesters’ attorneys.
2. Willard Dodge asked about the water situation as he was involved in the situation on Thornton Road last year and he doesn’t think the culverts on Thornton Road were ever totally cleaned out. If this is the case they could have already been half full before the situation started this year. As far as Meetinghouse Hill, the leaves are a known problem and a patrol could be done during flash flood warnings. Also, which town board is responsible to make sure driveways are put in properly? There are several in town especially on Hooper Hill that are a problem and need to be changed. This is a public safety hazard. Dave suggests asking Dennis to check into this and Burton will ask him. Gordon suggests that a culvert needs to be put in on Bedford Road.
K. Move to Non-Public Session: Gordon made a motion to go into Non-Public session at 9:35 PM. David seconded the motion. All were in favor.
L. ADJOURNMENT: David made a motion to adjourn the meeting at 10:0 PM. Christine seconded the motion. All were in favor.
Prepared by Maralyn Segien
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