Town of New Boston
Selectmen's Meeting
May 15, 2006
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 David Woodbury at 7:00PM beginning with the Pledge of Allegiance.
B. PUBLIC COMMENT:
Dave mentioned he is grateful to the town family including officials but also including others in the town that have the interests of the town at heart. He has observed this over the past few days of the rainstorm and all the trouble it caused and was impressed by people’s generosity toward neighbors and people they don’t even know. He feels the town couldn’t be better served. Gordon agreed and thanked everyone who helped out including Willard Dodge who helped haul pipe, the Fire Department, Police Department and others.
C. APPOINTMENTS:
1. 7:00 PM Public Hearing Homeland Security Grant
A hearing was called to accept a $23,000 Homeland Security Grant to purchase a radio repeater system. Police Chief Chris Krajenka said this will be useful to improve radio communication in town. It will be installed on Joe English Hill at the Air Force Tracking station. The system will decrease communication dead spots. The town will still have the summit tower as well. There will be a charge of $750 for FCC licensing according to R&R Communications. Gordon moved to accept the $23,000 Homeland Security Grant to purchase a radio repeater system. Christine seconded the motion. All were in favor.
2. 7:05 PM Chief Krajenka New Police Officer Swearing In
Chris was present to introduce patrol officer candidate Matthew Crow to the Selectmen. He lives in Derry, is married and has three children. He graduated in the top ten in his class from Greater Lawrence Technical High School and is named as one of their 10 most outstanding graduates. Graduated in 2000 from Massachusetts Reserve Officer Academy and finished number 1 in his class. He was a self-employed contractor from 1992-1994. He is currently employed at United Refrigeration Company. Gordon moved to accept the appointment of Matthew Crow as a patrol officer. Christine seconded the motion. All were in favor. Town Clerk Irene Baudreau administered the oath to Matthew. He will start Monday May 22.
3. 7:30 PM Chief Krajenka Police Dept. (non-public)
Gordon made a motion to go into Non-Public session per RSA 91-A:3II(a) at 7:25 PM. Christine seconded the motion. All were in favor.
Gordon made a motion to exit Non-Public Session at 7:25 PM. Christine seconded the motion. All were in favor.
4. 7:30 PM Irene Baudreau Deputy Town Clerk Appointment
Irene was present to introduce candidate for Deputy Town Clerk Nancy Statler to the Selectmen. Irene said that after extensive interviews and checking into references Nancy was shown to be the best candidate in the search for a Deputy Town Clerk. Irene was especially impressed by Nancy’s extensive computer knowledge, which is needed in the Town Clerk’s office. The current Deputy Town Clerk, Kim Merron has not yet given notice of her final day but that should help the department, as Nancy will need to receive some state training that will be offered in June. Gordon moved to accept Nancy’s appointment as the Deputy Town Clerk. Christine seconded the motion. All were in favor.
D. PUBLIC COMMENT:
Brandy Mitroff was present and expressed to the Selectmen her concern about damage to Thornton Road caused by a water runoff situation at the Thornton/Pine/Clark Hill Road area. It is Brandy’s opinion that if the Selectmen and the Road Crew had done their job the road wouldn’t be washed out once again. Brandy has lived on Thornton Road for 35 years. In the 1980’s the road washed out as bad as it washed out three years ago. Almus Chancey was the Road Agent at the time and installed a culvert that improved the situation. This intersection always took on water but Pine Road never washed out then. However, 3 years ago Elizabeth Axton clear-cut her property, which she has the right to do, but she is compelled by state law not to damage town roads or the property of others with runoff. At
that time Pine Road washed out and a temporary culvert was installed. Brandy is not sure if this culvert has become permanent. This will be looked into. She feels the Selectmen should have asked Elizabeth to divert the water but instead the Selectmen allowed the water to come across Pine Road through a culvert and drain onto the Humphries’ property on Thornton Road and allow their trees to stand in 2 feet of water. As a result of this a lot of taxpayer money is used to repair Thornton Road. Brandy is upset because the Road Crew is not cleaning and maintaining this culvert as it should be. Brandy spoke to Road Agent John Riendeau about this recently. She also said the Road Crew grades the road and leaves boulders and blowdowns in the road which water bounces off and asked John to pick them up. New catch basins were installed but one is higher than the road and not catching water. John explained to Brandy that this is a
paving issue and it will be repaved. However it has been 6-8 months and nothing has been done about it. Brandy says she tried to contact John and the road crew and dispatch in Goffstown to clean the catch basin out which would have required only a shovel to do but it wasn’t done and Brandy’s husband Jack had to clean out the catch basin over the weekend during the bad storm. He used a garden tractor with a hoe attached, which they believe saved the road from eroding in that area. Brandy showed the Selectmen several photos of the catch basin and the damage to the road. She asked the Selectmen to call Elizabeth to see if she is willing to do something about the water coming off her property and she asked the Selectmen to get the Road Crew to pay better attention and maintain culverts. Willard said if the Road Crew can’t keep the culverts cleaned the culverts can’t take the water. He said the culverts have been half
plugged since last year when he helped clean them out. Cleaning culverts should be a regular maintenance item for the Highway Department. Dave asked if the Highway Department has enough manpower for this job but Willard said it is hard to determine this, as they have not yet gone out to do the work. Willard said once a culvert is ½ to 2/3 full it is difficult to clean but it has to be done because it is costing the town too much for road maintenance after storms. Peter deRoeth’s pond on Hooper Hill Road is full of mud now from the Hill’s driveway Willard complained about a year ago that has not yet been dealt with. Brandy and Willard said there are other areas in town that are having problems repeatedly because of poor maintenance and the Selectmen should not be allowing this to happen. Randall Parker has been trying to get the culvert by his property cleaned for 6 months. A backhoe is needed for this job. The new
town backhoe is now 2 weeks overdue.
The Selectmen plan to get a culvert cleaning program started with the Highway Department. They will consult town attorney Bill Drescher on how to legally handle the water going from Elizabeth’s property to the Humphries’. Brandy said that both Planning Coordinator Nic Strong and Burton know the applicable statute. An engineer will be consulted about the effect of this amount of extra water and it needs to be determined if Elizabeth’s property is the true cause of the problem. It is believed to be as the clear-cut on her property is the only change to the area. Brian Dorwart Chairman of the Road Committee reviewed the situation three years ago but did not come to a final decision. The gravity defying culverts in town must be fixed. It needs to be determined if there is a new
culvert putting water onto the Humphries’ property and if there is a culvert that was never opened up that goes behind the trailer across the street from Humphries’.
E. APPOINTMENTS:
5. 8:00 PM Ernie Thibeault Aggregate Industries Pit Purchase
Dennis Lydon from Aggregate Industries and Ernie Thibeault were present to meet with the Selectmen to discuss their plan to transfer Aggregate Industries’ property on Parker Road to Ernie Thibeault. A Purchase and Sales Agreement has been signed and part of the agreement is to transfer the operation at Aggregate Industries to Thibeault. The town gravel expert Kim Burkhamer was present. Aggregate Industries has applied for a permit and it is an active pit. They have 2 permits-one for 10,000 yards and one for 200,000 yards but in the last couple years they have not taken much out. Dennis explained that Aggregate Industries no longer wants to own the property on Parker Road and no longer wants to operate the Manchester plant. New Boston is a source for the plant but in 2003 the plant shut down and
the pit has not been too active since then. Under the new RSA 155(e)(8) if the Selectmen consent, a permit can be done but the Selectmen don’t have to consent. Right now the procedure is that Selectmen give permits. Ernie requested the Selectmen transfer the pit per the current permit until all pits have completed what is required to get into compliance with the new regulations (now planned for April 2007). He has already started the lengthy and costly process of getting into compliance. Reclamation is an issue. Ernie said he has no plan to build housing at the property. Jay Marden was present in support of the transfer. Jay said he became concerned years ago about the future of the condition of the south slope along the river and has spent a lot of time going over it. Jay doesn’t want what happened at the Tingley pit to happen here. Ernie said he is open to preserving the south slope. Maintaining the
vista may be one of the conditions of the permit. Chairman of the Open Space Committee Ken Lombard was present and said that the Open Space Committee agrees with Jay. Jay and Ken have been in discussion with Ernie but nothing is in writing yet. Ernie is not ready to say that he will put some acreage into conservation but he said he also owns the cornfield along Route 13 and has had opportunities to develop it but has not because he knows people in town want that left as it is. The Selectmen want the loose ends between Ernie, Dennis and the Open Space Committee tied up and for them to come to an agreement before transferring the permit. Ernie said he is not prepared to write an easement deed but he would send the Selectmen a letter saying he would not dig in that area and it is his intention to work with the town and the committees. Dennis reminded everyone that New Boston and Goffstown used to take sand out of the pit at no charge and this pit
has a long history of working with the town and being a good neighbor and wants the town to work with him and approve the transfer of the permit for the rest of the year with the conditions. Kim said she is concerned as the pits could be fully opened and graveled. The allowed level of activity for the life of the permit from April to March is approximately 150,000 yards. Ernie said several times that he is in the process of developing his site specific and will follow the new regulations once they are completed just like the other pits and he wants this pit to be treated like any other pit. He hopes to have his site specific completed at year-end. Dennis expressed that they want to close the sale very soon and they have to keep the pit active to keep the buyer interested. Dennis agrees with Ernie’s position and again said he wants the Selectmen to transfer the permit now and named some other ways the pit has helped the town by helping to
educate other pit owners about how to follow regulations but the Selectmen want limitations placed on this particular pit now. Ernie said that digging at the south slope wouldn’t happen and he would agree to designate the area as a “no dig no disturb” area and an agreement could be fine tuned later. Jay wants the exact area clarified to mean from the river/north side of the B&M railroad to the ridgeline top of the hill that you can see from Route 13. Ernie agreed to that. Kim said the area is described as “the south facing esker” of that piece of property on a map she has and offered to let Ernie see the map if he wished. Kim is concerned that anytime they open and close excavation areas a hearing would need to be held. 130 acres of material of various qualities are completely open for digging. Dennis said over the years material best suited to the purpose has been taken but in the past several years they have
only dug in one area. Ernie said the town has some leeway in drafting their ordinance over and above the state requirements. Ernie requested the Selectmen consider transferring the permit with language clearly defining the no dig zone and review it again next year at permit time. An easement may be needed in the future, as a permit is not permanent. Ken and Kim were agreeable to this. Ernie will be taking over the bond. The Selectmen said reclamation will be required. Ernie said that Weare reviewed all their pits and started stronger enforcement several years ago as well. Ernie will draft an addendum describing the no dig no disturb area and include language saying the no dig no disturb status will be discussed again in 2007 to be attached to the permit and get it to Burton who will distribute it to the interested parties for approval. Once it is approved the Selectmen will sign it in the office. The final agreement is
needed for the transfer of property.
The roads used by the pit were discussed. Ernie agrees to the current restrictions. He has read the permit and is willing to adhere to it and will send that to the Selectmen in writing. Dennis said an overlay was done on the road approximately 1990 but it has worn out. The town has not yet decided how to fix it. Ernie offered to supply the crushed gravel and base aggregate for the road free of charge including delivery at the time they are ready to work on the road and will include that in the letter to the Selectmen. The Selectmen said this road improvements were required of other pit owners in similar situations in the past. Kim reminded Ernie he might have to re-do the state revenue permits once the property is transferred.
F. APPROVAL OF MINUTES:
1. Minutes of May 1, 2006 - The Selectmen reviewed the minutes. Corrections were noted. Gordon moved that they be accepted as amended. Christine seconded the motion. All were in favor.
G. OLD BUSINESS:
1. Planning:
· Christine inadvertently missed the sitewalk which was scheduled for the past Saturday.
· Major Subdivision 7 lots Pulpit Road
· Compliance hearing for daycare center on Route 114-
· Election of officers-Peter Hogan Chairman, James Nordstrom Vice Chairman, Bob Furey Secretary.
· Shipwreck Restaurant-The new owner was present to confirm he plans to donate the building to the Fire Department to be burned and the building will be grandfathered so he can rebuild in the same footprint. The Planning Board gave him permission to square off the building and put in a full basement. He will also have an office on the second floor. The building will be 52’x41’. He plans to cut down on his storage by creating a full basement and water usage needs by using paper products.
· River Road Private School-A community water permit is needed and they are scheduled to return May 23 with the permit.
· The Planning Board made some changes to the driveway regulations but it is not yet completed.
· Dana Moody Minor Subdivision 3 lots on Clark Hill Road-Accepted and approved.
· Informational Session 39 lot subdivision at Middle Branch Road-Many cul-de-sacs are planned in the subdivision but the Planning Board requested some be connected. This is a 106 acre parcel. A member of the Weare Planning Board was also present speaking his concerns. A conservation easement and recreation area is recommended.
· Hemlock Drive conversion from duplex to condex-approved.
· Lin Pothier and Michael Pare-The Planning Board is waiting to hear from the Selectmen who are to look at the area and make a decision. Dave did go out and look at it and said it didn’t look strikingly dangerous. The road is a little narrow and there is one area where someone could go over the edge, which may need to be remedied. Lin called Burton and said she will stay out of this and let Mike, the Road Agent and the Selectmen decide what to do. Dave thinks for what she wants the road is probably sufficient. The Selectmen will look at the area together at 6:30 on May 30.
· A system needs to be set up where Road Agent John Riendeau looks at driveways in a timely manner. Several have not been looked at since winter. The Planning Board asked Christine why the Selectmen are not getting involved. Burton said he discussed it with John but a system where he checks for driveways in need of review weekly or bi-weekly has not yet been set up.
· Carl Houghton was present to discuss the status of his business cutting propane cans on Clark Hill Road. This was in the works at one time and ready to be approved by the Planning Board but he was unable to attend the final meeting. He said he was working in Massachusetts splitting propane cans and now has a barn at his property on Clark Hill Road and can split them inside which is what he thought the Planning Board wanted. There was some question as to whether the property is zoned for a business and there are concerns about the odor in the neighborhood and for his safety. Carl said the cans are all empty, he has split 500,000 and he is still alive. The
Selectmen suggest he go back to the Planning Board to discuss this. Carl also said a neighbor complained and he received a letter from the town asking him to clean up his property and he is trying to. The Selectmen said he might need to draw up a site plan but he should talk to Michelle or Nic from the Planning Department to determine what he needs to do.
H. NEW BUSINESS:
1. Planning Board Membership Changes-The Selectmen reviewed a memo from Nic asking the Selectmen to change Travis’ status from a full member to an alternate and Don Duhaime from an alternate to a full member of the Planning Board. Gordon moved to change these memberships per the memo. Christine seconded the motion. All were in favor.
2. Trustee of Trust Funds Appointment-Mike Swinford has applied for the Trustee of Trust Funds opening. Fred Hayes spoke to him and recommends him for the position. Gordon moved to appoint Mike Swinford Trustee of the Trust Funds. Christine seconded the motion. All were in favor.
3. Trash Pick-Up Thank You Letter-The Selectmen reviewed and approved a letter to be published in the New Boston Bulletin.
4. Building Inspector Replacement Process-Burton said an ad was in the Union Leader for 2 Sundays. A few resumes have been received which Burton will leave for the Selectmen’s review. Burton is trying to find more ways to reach out to potential applicants and has requested the president of BOA e-mail the ad to members and he suggested advertising in Town & Country. He is working on the job description and interview questions and has copied some applicable articles from Primex for the Selectmen’s review. This position will probably not be combined with the Fire Inspector position.
5. Mid Year Tax Bills-Burton said the warrant will probably be done this week and he expects the bills to be printed and mailed next week.
I. OTHER:
1. Christine said she has looked at Bedford Road several times this weekend to observe the process of fixing it. Dana Briggs commented to her that a lot of the debris was cut wood from the development upstream, not sticks and this may have contributed to the problem. This could be similar to the problem Brandy mentioned at Thornton Road. There never was that much water at that area before and could the development and clear cutting of the area have created that problem? Gordon said that culvert probably wasn’t blocked. Willard said he thought it was as noticed the brook in that area is lined with cut sticks and some of it probably went down the brook. Bill Drescher will be contacted about what rights the town has regarding cutting by developers.
The culverts may need to be resized to be able to handle all the extra water. The Selectmen will work with the Planning Board to get developers to change the culverts at the time of development to prevent these types of problems. Willard mentioned that he observed a lot of runoff at the site of Joe Foistner’s new house that is under construction.
J. PUBLIC COMMENT: No comments at this time.
K. Move to enter Non-Public Session: Christine made a motion to go into Non-Public session per RSA 91-A:3II(a) at 9:53 PM. Gordon seconded the motion. All were in favor.
L. Move to exit Non-Public Session: Christine made a motion to exit Non-Public Session at 10:30 PM. Gordon seconded the motion. All were in favor.
M. ADJOURNMENT: Christine made a motion to adjourn the meeting at 10:31 PM. Gordon seconded the motion. All were in favor.
Prepared by Maralyn Segien
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