Town of Danville
Board of Selectmen
September 12, 2005
Present for the Selectmen’s public session were Robert Moore, J. Russell Pouliot, Ronald Peddle, John Russo and David Knight.
Selectman Pouliot moved and Selectman Knight seconded a motion: to enter into a non-public session in accordance with RSA 91-A: 3 II (c). Clerk polled the Board Ron – yes; Bob – yes; Russ – yes; John – yes; Dave – yes. Motion passed unanimously.
At 7:00 PM Selectman Peddle moved and Selectman Pouliot seconded a motion: to return to public session. Motion passed unanimously.
Announcements were read:
Household Hazardous Waste Collection Day
Saturday, October 8, 2005
9:00 AM to 12:00 Noon
Fire Association Hall
a. Notice made to all abutters. Those present; Chris Giordano, Richard Charette, Kelly & Glenn Fitzpatrick, Joseph & Linda Levasseur, Budd & Mary Palen, Donna Fedele, Bruce & Beth Caillouette, Norman Collins,
Pat Bourque, Evan & Tali Sorensen, Steve & Linda Samson, Carrie Aresco, Melissa & Gary Connor.
b. It was requested that the presenter outline the proposal for the road layout to the Board, there would be questions for clarification and then open to the public for discussion. All questions to be directed to the Board to maintain order.
c. Attorney Robert Battles, representing Gary & Melissa Connor, owners of property abutting the Class VI section of Huntington Hill Rd, now Frey Rd. on the south side of Rt. 111, gave a brief history. Their position at this point: “this is a multi-step process to gain access to Rt. 111 in order to be able to develop this site for commercial purposes per the zoning requirements and the very first step is to have a layout of a class V road approved by the Board of Selectmen to overlay this Class VI section of Frye Road.”.
d. Attorney Battles stated that a Petition for layout was filed with the Town
in accordance with RSA 231:8. The reasons for requesting the layout are:
-For public exigency or convenience-feeds large section of community to south and east of Town
-Emergency access and moving traffic a benefit.
-Burden to surrounding roadway network outweighed by benefit to long-term ability to access properties along this corridor.
-Consider individual rights of abutters affected by taking of their property to layout road-the only property requiring the taking of property is the Connor’s, one of the petitioner’s.
e. Attorney Battles-Should the Town approve the layout for a Class 5 roadway, and gain access to Rt. 111, and receive approval for site plan review and should this road be ready to be constructed; suggest holding a second public hearing to assess betterments in regards to expenses associated with this development and construction. My client is not opposed to bearing his proportional share of the cost to develop this. The concern is that there are other abutters who will benefit from this and he would like the opportunity for the Board to look at what those betterments shall be and how they are assessed. RSA 231:29.
f. Selectman Moore posed two questions; 1) are the boundaries for Lot 243-9 as shown? They are as shown, responded Mr. Lavelle. 2) To Attorney Battles-assume this was formerly a Class VI road and closed by town meeting subject to gates and bars. RSA 231:22A states that the road can be reclassified by town warrant to a Class 5 highway. Attorney Battles responded it is not necessary; you (Selectmen) have power of layout in accordance with RSA 231:8, as this was an existing highway.
g. The Selectmen inquired if Attorney Battles clients’ were looking to properties to the east? Response-both sides of the road. Where would access be? Lot 242 as 243-9 is residential and has access along Casey Lane. Where will access be off the road that is being proposed? Attorney Battles response-access will be determined based on wetlands and other criteria.
h. Open discussion to public - Chris Giordano-planning board will probably ask to have access points to other abutting and connected properties for the future. Selectman Pouliot-ideally to make this a viable access point, there needs to be some kind of frontage road along the commercial property . Attorney Battles responded-yes, this road will access properties on both sides of it.
i. Kelly & Glenn Fitzpatrick - concerned with increased traffic flow, cut through traffic and all the small children in the neighborhood. Selectman Pouliot - stated that the traffic flow could be controlled, and will be part of the planning process.
j. Evan Sorensen-inquired about why there were significant limitations to building residential property? Selectman Peddle – as of 2003 residential property is no longer an allowed use in a commercial zone. For at least 10 years the Town has tried to develop the Route 111 area commercially as a way to control taxes and diversify the zoning within the town so that taxes don’t get out of control. Mr. Sorensen was welcomed to attend any Planning Board, ZBA, or Master Plan meeting to gather additional information.
k. Tali Sorensen – as the residents are being affected having to deal with highway and commercial buildings right behind us, why did you approve residential area to be here if this has been ongoing for 10 years? Selectmen responded that this residential property was within a commercial zone and formerly the zoning allowed this, but has since been changed by a vote of the Town. Their property was residential in a commercial zone when purchased.
l. Steve Sampson – has a traffic study been done yet? Selectman Pouliot –State approval will require certain studies be done such as an environmental impact study, traffic impact study, etc.
m. Selectman Knight - concern land will be developed sooner or later. If we don’t allow some commercial entity to develop this land, some small company might go in and abuse the land.
n. Mary Palen –Do not tell us this will happen sooner or later, so suck it up now, that is a terrible attitude!
o. Doreen Moore – questioned what cost to the Town? Selectman response – the intention is to do this without any cost to Town , however, the Town will be responsible for maintenance of the road when finished.
p. Selectman Peddle - concern how this impacts public safety and safety issues. Supports commercially developing sections zoned for it, but not at cost to taxpayer. Wants to insure minimal impact or no impact on tax rate.
q. Resident requested that those not directly affected be notified in some way. Selectman responded that notice for hearings and all public meetings follow RSA procedures. Interested parties can check with the Town offices or the town web site.
r. Chris Giordano - stated that more than enough notification was given for this situation. Attempts to get development and access along Rt. 111 have been on going for some years.
Selectman Pouliot moved, Selectman Russo seconded a motion to continue this Public Hearing as first item on the agenda Monday, 9/19/05. Motion was passed unanimously.
Selectman Moore moved and Selectman Pouliot seconded a motion: to return to public session. Motion was passed unanimously.
II. Assistance for Hurricane Victims
a. Kelly Kent, the sponsor of this item left. Deleted from agenda.
III. Electric power lines down Blake Road to home
a. Corey Ward explained that he needed to place power lines and poles down Blake Road. He needs a letter from the Selectmen stating that it is okay to do so. The lines will come in from Main Street, placing one pole. The balance will be underground.
Selectman Pouliot moved and Selectman Russo seconded a motion to write a letter to Unitil to allow them to extend power lines down Blake Road to Corey Ward’s property. Motion was passed unanimously.
IV. Emergency Preparedness Plan Town of Danville
a. Discussions between Selectman Peddle, Chief Parson, Chief Woitkun, John Caldwell and Bruce Caillouette.
b. Addressed communications, emergency plan on the local level, possible expansion of the safety complex, buses, evacuation procedures, grants, possible contamination, lack of enough cots and blankets
c. Selectman Peddle requested that Seabrook Nuclear Power Plant be contacted and find out what impact a breakdown would have on Danville, if any. What are the issues that could arise so Danville can be prepared for the worst?
V. Fire Association Hall - Matt Dowd (member of Fire Department and real estate agent) was introduced. The Fire Association met and the membership has voted to pursue selling the Fire Association Hall. Town will have first refusal.
VI. Resignation – ACO
a. Discussed present resignation, appointing a lead ACO, need for having an assistant ACO, and policies on shots for stray animals.
b. Discussed cost to department in regard to responses to unwarranted calls and where to draw the line.
Selectman Peddle moved and Selectman Knight seconded a motion to promote Sheila Johannesen as lead ACO. Motion passed unanimously.
VIII. AMR contract discussion
a. Selectman Knight - Cannot come to agreement on either side. May be able to use to benefit for 2005 contract.
IX. Employee Policies Manual
a. Discussed Workman’s Comp guidelines. Administrative Assistant will contact local government center and ask legal opinion on how our policy should be stated.
Selectman Knight moved and Selectman Pouliot seconded a motion: to approve the minutes of the 8/29/05 public Selectmen’s meeting. Motion passed. Selectman Peddle abstained.
XI. Selectmen Committee Updates
XI Other Items
a. Selectman discussed 3% cost of living raises and additional budget
increases to remain within same boundaries. Memo had been sent taking
position and Selectman should maintain that position of 3% for
b. Selectman discussed hooking up a speaker phone so as Selectman Knight
will have input during meetings that he will miss due to medical issues.
c. Discussion on reviewing and timely submission of bids for next years
d. Selectman Moore requested Administrative Assistant to develop procedure on welfare liens. Who does what, who is responsible for establishing lien, taking it over and implementing it?
Selectman Peddle moved and Selectman Pouliot seconded a motion to adjourn. Motion passed unanimously and meeting adjourned at 10:30PM.
Jill S. Fleming
NOTE: This meeting was videotaped.