October 2, 2023 | Hilary Grimes TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH 03221 Select Board Minutes October 2, 2023, 5:00pm Michael McManus opened the meeting at 5:00pm with the Pledge of Allegiance. Present at the meeting were: Walter Baker, Jr., Selectman; Michael McManus, Selectman; Peter Stanley, Land Use Coordinator, Michael Vignale, KVP, LLC, Joseph Driscoll, Town Counsel, Glenn Pogust, Planning Board Chair, Gary Fitzgerald, Peacock Hill, LLC, Daniel Muller, Esquire and David Grinsell, Town Administrator. APPOINTMENTS: At 5:00pm the Board met with Michael Vignale and Peter Stanley to discuss the drainage issue with the Grist Mill Parking Lot and the results of the test pit excavation. Land Use Coordinator Stanley and Michael Vignale noted that the source of the problem is created by the topsoil that limits the water’s ability to penetrate this thick, compacted top layer of material. Below this top layer coarse well-grain gravel was found down several feet – ideal material for draining water. The solution recommended to the Board was to remove the topsoil and replace it with crushed stone and build up the end of the parking lot by the drainage area by several inches. Mr. Vignale offered to plan the repair with the original contractor and pay to remedy the drainage issue. A motion was made by Selectman McManus to accept Mr. Vignale’s offer and seconded by Selectman Baker. At 6:03 the Board met with Joseph Driscoll, Glenn Pogust, Gary Fitzgerald, and Daniel Muller to discuss resolving the current impasse between the Town and the contractor. The contractor paved in the rain without consent of the Town Engineer who noted the paving was not valid and would not sign off that the road was completed according to plan specifications. Attorney Muller presented a contradictory view of the matter indicating that the Town Engineer did provide Peacock Hill’s subcontractor, R&D Paving, permission to pave the road. A letter from R&D Paving was provided for the Board to review supporting this position. A discussion followed with each side providing additional support for their view of the issue. To move the conversation forward Selectman McManus asked Attorney Muller what is it that his client is looking for? Previously, the Town made an offer to Peacock Hill to remedy the situation. Core samples of the road need to be analyzed showing that the pavement was not compromised by the rain. Attorney Mueller agreed to obtain core samples, but his client is not going to pay for the work. Selectman Baker interjected that it rained the day and night before the paving was scheduled so the road compaction will not meet plan specs. He added that state regulations forbid paving in the rain. Any contractor would know to delay putting down pavement in those conditions. He continued that what needs to be done is remedy the situation so work can resume and proposed coming to an agreement. Selectman Baker also reminded Mr. Fitzgerald that Peacock Hill LLC owns the road. If there are problems with the pavement in a few years, then it will be Peacock’s liability. Selectman Baker again suggested that core samples be analyzed to ensure the pavement is in compliance allowing the project to resume. At that time, Mr. Fitzgerald offered to pay for the core samples. Glenn Pogust reviewed the sampling process proposed by the Town Engineer. Attorney Muller asked when the Town’s cease and desist notice will be lifted. Glenn Pogust responded when it is proven that the road has the integrity and density that meets plan specifications. It was agreed that Peacock Hill will provide the contractor to take the samples and the Town Engineer would participate and oversee the process and analyze the results. CONSENT AGENDA: MINUTES: Selectman McManus made a motion to approve the September 25, 2023, minutes and Selectman Baker seconded the motion. MANIFESTS: The Board reviewed and approved the following manifests: Payroll: $ 17,447.38 Vendor: $17,523.79 BUILDING PERMITS: The Board reviewed and approved the following building permits: M Cochran 05-677-558 69 Shadow Hill Rd Slab for Maple Sugar House $5,000. J Snow 10-223-022 91 Hominy Pot Road Finish Garage Second Floor $40,000. K McFarland 01-480-188 52 Birch Hill Rd Roof Mounted PV Solar Panels. NEW BUSINESS: The Board reviewed and signed letters of Notification to the NH Departments of Motor Vehicles and Vital Records for the appointment of Kristi Kisler, New Deputy Town Clerk. The Board reviewed and signed Form MS-1 – The 2023 Town Summary Inventory of Valuation. OLD BUSINESS: TA Grinsell provided the Board with the following updates on Old Business for discussion: A contractor visited the dead tree in the Sutton Mills Cemetery and determined that a crane was needed to take the tree down. J.W Clearing is preparing an estimate to remove the tree. On Tuesday, 10/3, Selectman Baker, Road Agent Hurst and Chief Korbet will inspect Rowell Hill Road by the Hebert property line and identify and document any traffic hazards potentially created by the taxpayer and report back to the Board. Selectman Baker and Road Agent Hurst visited the O’Brien property on Cotton Road and determined the drainage issue at the end of the O’Brien driveway is not a Town matter. A letter will be sent to the taxpayer explaining the Board’s decision not to provide a culvert. The Sutton Book Club has requested to use Town Hall for their monthly meetings. Town counsel and the Town insurance provider, Primex, were contacted on the matter. It was determined that the meeting is covered under Town insurance and a Meeting Permit needs to be completed by the Book Club prior to using the facility. For Eversource to remove the stump left from the tree they took down another tree, a Swiss Stone Pine, needed to be replanted. The Board commented that perhaps the current location is not the best site for the tree and tabled the topic for next week’s meeting. REVIEW OF CORRESPONDENCE: The Board was notified that a Public Meeting on reducing the salt zone by Blaisdell Lake will occur on 10/16/23 at 5:30pm. The Town was approved for a $100,000 loan from the NH Department of Environmental Services to create a watershed for Kezar Lake. The loan will be forgiven upon completion of the project. A zoning enforcement issue was discussed by the Board, and it was determined that the taxpayer will have 30 days to remedy the potential violation. Correspondence received from a Rowell Hill Road resident regarding paving the road was presented to the Board for review. PUBLIC INPUT: SELECTMEN’S COMMENTS: ADJOURNMENT: There being no further business, the meeting was adjourned at 6:43PM. Respectfully submitted, David Grinsell Town Administrator