Pillsbury Memorial Town Hall
93 Main Street Sutton Mills, NH
Sutton Mills, NH 03221
Select Board

November 28, 2022 @ 5:00 p.m.


Selectman Headley, Chair, opened the meeting at 4:54 p.m. with the Pledge of Allegiance.  Present at the meeting were: Dane Headley, Chair;  Michael McManus, Selectman; Walter Baker, Jr. Selectman; Glenn Pogust, Planning Board Chair; Peter Stanley, Land Use Coordinator; Valerie Crone, Police Sergeant; Beth Holly LaDuke, Deputy Town Clerk/Tax Collector; Tom Schamberg, State Representative; Gary Fitzgerald, Peacock Hill Road Subdivision, Daniel Muller Esq., and Shawn Dunfey, Esq. , Cronin, Bisson & Zalinsky, P.C.; Anthony Costello, P.E. Barbara Hoffman; and Elly Phillips, Town Administrator.


Attorney Daniel Muller addressed the Board regarding the notice of zoning violations dated November 14, 2022, which was  issued to Gary Fitzgerald, regarding the  Peacock Hill Road Subdivision.  Attorney Shawn Dunfey was also present on behalf of Mr. Fitzgerald as was Anthony Costello, P.E.   Selectman Headley advised that Town Counsel was unable to attend the meeting this evening, so the Select Board was just going to be listening to Mr. Fitzgerald’s response to the notice.


Attorney  Muller addressed Condition of Approval #7 which required a Storm Water Pollution Prevention Plan.  Mr. Muller  advised that a notice of intent was filed on November 17, 2022.  The review period is fourteen days.  The review period will end on December 1, 2022.  Mr. Muller said that based on this, the issue will eventually be rendered moot.


Attorney Muller addressed the no disturbance buffer complaint.  Attorney Muller acknowledged that two trees within the buffer were taken down by the logger.  The logger will be replacing the trees.  The tops to the trees were damaged in the process of logging outside the buffer.  The logger made the decision to remove the damaged trees.  Attorney Muller said that if there are other alleged disturbances, they are not aware of what they are.


With respect to the stockpiling of stumps, clarification of the conditions of approval are necessary.  Condition #17 also included a construction schedule which set out a sequence with the fourth step outlining removal of the stumps.  Mr. Fitzgerald has not yet reached that step.  Mr. Fitzgerald felt if he removed the stumps now, he would not be following the construction schedule. Attorney  Muller sought direction in this regard.


Attorney Muller addressed the reported need for an alteration of terrain permit.  Attorney Muller requested supporting documentation from the third-party engineer that the thresholds have been met.  Mr. Muller noted that there has to be 100,000 square feet of continuous disturbed area.  Attorney Muller indicated that the notion of disturbance and contiguity are nuanced terms under DES regulations.  Attorney Muller stated that they do not agree with the third-party engineer’s conclusion that they have met that threshold.  Attorney Muller acknowledged that there were smaller areas of non-contiguous disturbances.  Attorney Muller noted that it was difficult to respond without knowing the basis for the determination.  At this time, they dispute the opinion pending further clarification.


Attorney Muller addressed the complaint that Mr. Fitzgerald had started construction on some of the individual house lots without first having an approved construction schedule in violation of Condition #14.  As an initial matter, Mr. Muller felt that the reading of Condition 14 was overbroad.  In the first paragraph, there is not a time  specified on when you start on the construction schedule.  Attorney  Muller stated that Mr. Fitzgerald did file a notice of intent.  The second sentence of that condition talks about it being a precondition to a building permit.  Since they haven’t gotten to that stage yet, Attorney Muller felt that purported violation was premature.


Attorney Muller noted that the construction schedule was tied to the security for inspections.   Attorney Muller said that the inspections occur at the request of the applicant as requirements are met. Attorney Muller said that factors such as weather affect tasks and was unsure as to the practical difference the scheduling makes when the applicant is responsible for scheduling the inspections as tasks are completed.  Attorney Muller advised that Mr. Fitzgerald has attempted to provide a construction schedule and was told that he did not provide sufficient information.  Attorney Muller said it appears that there is a program that the third-party engineer would prefer.   Attorney Muller listed a number of factors that affect construction schedules including weather, availability of materials, labor etc.    Attorney Muller sought clarification as to whether or not there is flexibility within the schedule or if it is iron-clad.


Glenn Pogust, Planning Board Chair, clarified for the record, that he had provided photographs of two trees that were taken down within the buffer.  However, it appeared that there were more trees disturbed within the buffer.  Mr. Pogust said that he was unable to complete assessment of the  area due to  trees on the ground.    An additional inspection now that the logging is finished will be required in order to  establish the full extent of the disturbance.


Attorney Muller replied  that if there is a specific area in violation to let them know where they are so that they can be addressed.


Selectman Baker moved to accept the  November 21, 2022, public and non-public minutes as written.  Selectman McManus seconded the motion.  The motion passed by a unanimous affirmative vote.


Representative Tom Schamberg addressed the Select Board to discuss two bills that he has filed.  Mr. Schamberg said that Bill 158 is  intended to reduce the burden on property owners for the state education tax.  The average state education tax is $2.21/000.  The bill would take this off the property tax bill and place the responsibility for funding with the legislature.


The second bill,  Bill 157, is to change the cost of an adequate education (now approximately $3,800 per student) to one half of the cost of education that the districts report.  Last year it was $18,911.  This would result in the local education amount decreasing by about 1/3.


Representative Schamberg asked that the Board review the bills and address them with the local school board representative.  Mr. Schamberg said that he was sharing the bills with the MBC and the KRSD Superintendent.




The Board reviewed and approved the following manifests:

Vendor Manifest:  $424,125.09

Payroll Manifest:   $ 15,065.96



The Board approved a building permit for Kendra Anthony, 01-154-287, Eaton Grange Road E. for a ground mounted solar array.


The Board approved a Proposal from Knollwood Environmental for Groundwater Sampling.


Phillips provided a preliminary review of  the Select Board’s 2023 budget.  Adjustments were made based on actual expenditures, inflationary factors, and salaries.



Sergeant Valerie Crone provided an update on the police department’s cruiser status.  Sergeant Crone advised that the 2022 cruiser has a cracked engine block and the engine needs to be replaced.   Although the vehicle is under warranty, the estimated repair timeframe is anywhere  from two weeks to six months.  Chief Korbet is following up with the dealer.


The 2017 cruiser was totaled by a tractor trailer which jackknifed  on I-89 on November 25, 2022.  Four vehicles were involved in the accident, but there were no injuries.  The department is down to one cruiser at this time.   It is unlikely that the depreciated value will offset the cost of a new cruiser.  The 2017 cruiser was slated for replacement in 2023.   Chief Korbet was in the process of  pricing a 2023 Durango to replace the 2017 cruiser.  The preliminary estimate for a 2023 Durango was  $63,379.


Chief Korbet has indicated that there is a possibility that he could reallocate  $25,000 from his operating budget to offset the cost for a new cruiser.    Holding a special town meeting does not seem feasible at this time  due to the statutory noticing requirements.   The AED will need to be replaced.  The firearms that were in the cruiser will need to be tested and may have been destroyed in the accident.  The Board will explore funding options for replacement of the cruiser.  The Board authorized the Police Department to start looking at cruiser replacement options.


The Board addressed a question from the bookkeeper concerning holiday pay for employees not regularly scheduled to work on the holiday.  Phillips advised that this issue has cropped up from time-to-time within various departments  and finance needs direction on how to handle the matter.   The personnel policy specifies the  holidays that  are observed.  The town does not have a policy for floating holidays.    If an employee is not regularly scheduled to work on that date, they do not get paid for the holiday.   For the Thanksgiving holiday, the Town grants Thursday (Thanksgiving) and the Friday afterwards.


In the instant situation, Library staff requested holiday pay for the Wednesday preceding Thanksgiving.  It was noted that the library may have a special holiday policy which should be verified by the Library Trustees.  Phillips was instructed to follow up with the Trustees.


The Board executed the DRA 2022 Municipal Assessment Data Certificate for the annual equalization study.


There being no further business, the meeting was adjourned at 6:16 p.m.


Respectfully submitted,



Elly Phillips

Town Administrator