June 3, 2019 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 Board of Selectman June 3, 2019 @ 4:00 p.m. The meeting was called to order at 4:00 p.m. by Dane Headley, Chair. Present at the meeting were Dane Headley, Chair; Robert Wright, Jr., Selectman; William I. Curless, Selectman; Robert DeFelice, Budget Committee Chair; Henry Howell, Conservation Commission, Co-Chair; Tom Schamberg, State Representative, Marc and Cheryl Hebert, Linda Myers, Rowell Hill Road residents; and Elly Phillips, Town Administrator. APPOINTMENTS: The minutes of May 20, 2019, public and non-public, were approved as written. The non-public minutes relating to hiring of a public employee were unsealed. Eugene Cote was appointed as Assistant Road Agent. The board reviewed and approved the following manifests: PAYROLL MANIFEST: $10,628.98 VENDOR MANIFEST: $21,933.71 INTENT TO CUT: The board approved an intent to cut for Meadowsend Timberlands, 08-692,066, for 120 acres out of 165. BUILDING PERMITS: The Board approved the following building permits: Susan and Anthoy Oliveri, 07-965-454, Keyser Street for a shed, subject to wetlands setback compliance. Kenneth & Suk Day, 05-795-568, Southfield Road, for interior renovations. NEW BUSINESS: The Board executed a Repurchase Deed for Dale McKinnon, 06-366-296, the closing will be on June 6, 2019. Chiarella Law firm will be finalizing the property transfer. The Board issued a Yield Tax for Angelea Carpenter-Deel, Map 09-678-026, in the amount of $1,036.88 The Board reviewed correspondence from Charlie Ash regarding utility work along Keyser Street and handicap access. The Board issued a letter to Catherine Chan requesting a trapping permit. At 5:42 p.m. Selectman Wright made a motion to enter into nonpublic session under RSA 91-A:3, II(b) The hiring of any person as a public employee. Headley seconded the motion. The Board was polled with Selectmen Headley, Selectman Wright and Selectman Curless voting in the affirmative. The Board public session resumed at 5:45 p.m. The minutes from non-public session were not sealed. Russell Gross was selected as a transfer station attendant at a pay rate of $14.65/hr. Robert DeFelice advised that there was going to be a Joint KRSD School Board/MBC meeting on June 6, 2019 at 6:30 p.m. to discuss the unexpended funds from this year’s budget. In addition, on 6/19/2019 at 6:00 p.m. the District will hold a meeting regarding “NH School Funding 101” at the Middle School. Mr. DeFelice informed the Board that the North Sutton Improvement Society has met regarding the parking lot and is willing to have the Town assist with maintenance. The “beach patrol” has requested that the streets get cleaned. Recently, there was an accident involving a bicycle. It was noted that area in question is a road and that the state has scheduled maintenance. The KLPA would like the parking lot to be improved due to puddling resulting in a mosquito problem. The Select Board will contact Counsel to regarding maintenance of private property for public use. The Board emphasized that the Road Agent will require approval from the Board of Selectmen prior to performing any maintenance on the North Sutton Improvement parking area. Phillips was charged with following up with Counsel. OLD BUSINESS: The Board issued a Memo to Boards, Trustees and Committees regarding meeting process. The board issued a letter drafted by Bob Wright to Tom Schamberg regarding recycling. The Board discussed cardboard recycling. Diego Solimine, Solid Waste Supervisor, is revisiting the idea of compacting cardboard and will be obtaining cost information for Board consideration. The Board reviewed an email from Mr. Hebert, of Rowell Hill email from Mr. Hebert. Additional correspondence regarding Rowell Hill Road was received from Richard Benson. It was noted that Laura Crawford, Rowell Hill Road property owner, left a telephone message regarding the matter. Mr. and Mrs. Hebert were present to reiterate their concerns. Linda Myers was also present regarding Rowell Hill Road. Mr. Hebert provided photographs showing the impact on the road after a small rain. Additional documentation regarding the road going back to 1998 was reviewed. Mr. Hebert asserted that the road has been built up quite a bit since 1998. Selectman Curless said that the tree roots on the opposite side of the road did not indicate road buildup. Selectman Curless observed at his visit to the site that there was drainage on the opposite side of the road, and the road is crowned properly. Selectman Curless opined that the road has been this way for years, noting that the trees on the Parker side are at ground level. The road appears to have been raised approximately 6-9” above existing grade as indicated by tree growth. The roadbed is responsible for about 300 ft. of drainage (total). The low point is to the left of the driveway approximately 100 feet and is about one foot lower than the driveway. Selectman Curless based his observations on a visit a couple days after a 2” rainfall. At that time, the road appeared to be draining properly. Selectman Curless felt that as evidenced by the tree bases, the road has not moved much. Selectman Curless indicated that the location of the house (low) and was a contributor to the problem, as there is a 2’ drop from the roadbed to the garage with no swale in-between. Selectman Curless felt that the driveway should slope downhill from the garage floor at about a 5% grade for approximately 15 feet before going uphill to the road and this should also happen to the grading around the house. Selectman Curless noted that there is ledge on the left side of the house that goes downhill toward the house. Selectman Curless suspected that this was the source of the drainage issue. Selectman Curless discussed the installation of the Hebert’s leach field which, if properly installed for the highwater mark, should handle spring runoff. Mr. Hebert said that when he first bought the property, the road was flat, and his property dropped off a few inches from the road. Mr. Hebert stated that from his driveway up to the town-line the road is tipped his way and all the water goes his way. Selectman Curless said the road appeared to be graded so that the center of the road is the highest portion. Mr. Hebert said that is not the case and that from his driveway up to the town-line (New London) the road is tipped his way. Mr. Hebert felt that the road grade should be shot and a level should be used. Mr. Hebert advised that he has over 300 photos that he has taken of the road over the years. Selectman Curless said there was a culvert on Winslow Road that dumps the Route 89 runoff onto the Parker property. Selectman Headley reviewed photographs. Selectman Wright summarized that the Hebert’s contention was that the road was raised approximately 1 ½’. Mr. Hebert said that his house was built in the 1970’s and that his septic system was certified by the State and was adequate for the conditions at that time. Mr. Hebert asked how much base was needed to have a good road. The topography was discussed at length. Mr. Hebert said the road was raised 20” from when he first moved there. The Board reviewed correspondence relating to the issue. Mr. Hebert felt that the road should be graded away from his house which would resolve the problem. Selectman Wright asked Mr. Hebert to discuss the biohazard that may result from water pooling. Mr. Hebert discussed the biohazard resulting from standing water. Mr. Hebert said that he has to constantly add to the end of his driveway to compensate for materials being added to the road. It was noted that there was ledge at the end of Rowell Hill Road/Little Briton Road. Mr. Hebert requested that the Board conduct a site visit. Selectman Headley said that he could accept that there was an issue. However, it was difficult to determine the chronology. Selectman Headley asked if there was a 1989 photo from a specific angle. Mr. Hebert said that in 2010 the road was crowned correctly in front of his house, but towards the end it was tipped toward his house. Selectman Wright made a motion to a conduct a publicly noticed site visit on 6-7-2019 at 3:15 p.m. to observe the road conditions with Adam Hurst, Road Agent, in attendance. Ms. Myer felt that a site visit would be appropriate. She verified that the road has gotten higher. She discussed road conditions after heavy rains. She stated that her driveway used to meet the road. Selectman Curless seconded the motion. The motion passed by a vote of 3-0. Ms. Myers reinforced the importance of the Selectman performing a site visit. The Board discussed the site visit process emphasizing that no public comment will be taken at the site visit. The Board agreed to meet at the Winslow Road at 3:15 p.m. The Board approved the O’Neil Conservation Easement and agreed to execute the agreement and forward it to the Ausbon Sergant Land Preservation Trust (ASPLT) who hold the easement. The easement was previously approved so the Selectman will execute when the requested edits are available. The Board will agreed to review properties slated for tax deed during the week of July 22, 2019. It is anticipated that the Tax Collector’s deed date will be in August. REVIEW OF CORRESPONDENCE: The Board noted the following items of correspondence: Legislative Bulletin, May 24, 2019, Selectman Wright will review and report. 2019 Legislative Chart – Phillips to forward the interactive link provided by Selectman Headley for the Board review. FEMA regarding Risk Mapping Assessment and Planning survey activities PSNH Regarding Utility Rates SELECTMEN’S COMMENTS: Selectman Headley advised that Robert DeFelice has been designated as co-Chair for the 26 Grist Mill Committee. The Committee is using the 2019 Town Meeting minutes, Article 17 as a framework for their charge. Selectman Curless advised that he had discussed the Committee’s charge with Roger Wells, Planning Board Chair, and that he was willing to assist with sketches for the project. It was noted that no funds, other than for purchase of 26 Grist Mill Street, were approved at the 2019 Town Meeting. Selectman Wright will represent the Board of Selectmen at a hearing regarding the Stotler property on June 10, 2019. Selectman Curless reviewed the site visit process. Any decisions will be made at a noticed Select Board meeting. There being no further business, the meeting was adjourned at 6:02 p.m. Respectfully submitted, Elly Phillips Town Administrator