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scopes 8 BOARD OF SELECTMEN
Town of Thornton « 16 Merrill Access Road ¢ Thornton, NH 03285 * 603.726.8168

Board of Selectmen Meeting Minutes
August 5, 2026

4:00 p.m. Chairman Steven Babin opened the Thornton Board of Selectmen meeting with the
Pledge of Allegiance.

This meeting was held at the Thornton Station Meeting Hall and via Zoom. The Zoom code
was referenced on the posted agenda.

ROLL CALL: Chairman Steven Babin, Vice-Chair Peter Laufenberg, Selectwoman Marianne
Peabody, Selectman Matt Peltier

ABSENT: Selectman Brad Benton

STAFF PRESENT: Town Administrator (TA) Desiree Mahurin, Transfer Station Manager (TSM)
Jamin Levasseur

OTHERS PRESENT ON ZOOM (names are listed as they appear): Natalie Sywenkyj, Michael Miller,
Deven Mclver, Sally Davis, Dan Defosses

OTHERS PRESENT: David Rardin, Ken Wolffe, Shawn Magoon, Marlene Rivers, Charles Cheney

APPROVAL OF MINUTES:

MOTION: “To approve the public meeting minutes of July 8, 2026, as presented.”
Motion: P. Laufenberg
Second: M. Peltier
Discussion: P. Laufenberg commented that his statements regarding the possibility of the library
coming under the town, like the cemeteries did, cannot occur per State statute. He asked that his
statement remain in the minutes but wanted to clarify it.
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

MOTION: “To approve non-public session 1 minutes of July 8, 2026, as presented.
Motion: P. Laufenberg
Second: M. Peltier
Discussion: None
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

MOTION: “To approve non-public session 2 minutes of July 8, 2026, as presented.
Motion: P. Laufenberg
Second: M. Peltier
Discussion: None
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

MOTION: “To approve non-public session 3 minutes of July 8, 2026, as presented.
Motion: P. Laufenberg
Second: M. Peltier
Discussion: None

Board of Selectmen Meeting Minutes
August 5, 2026 Page 1 of 9


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Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

CONSENT AGENDA: July 22, 2026, and August 5, 2026
July 22, 2026
Manifests:

1. Payroll: $ 35,265.16

2. Vendor: $ 742,992.07

Zoning Compliance Application(s):
1. 2026-34 Allard, Vincent & Labonte, Dianne 239-017
99 Banjo Drive
Description: 18x18 Addition for living room attached to house & 26x 36 garage

2. 2026-36 Lesnewski, Mack & Kimberly 228-016
19 Sunrise Rd
Description: Demo existing shed

Application for Reimbursement to Town re: Federal & State Forest Land Roadway Excavation Permit
(Reviewed & Approved by Road Agent)

Peaked Hill Pond Road for underground electrical service
(goes with previous NHEC conduit permit project)
Owner: Donald Reid
Contractor: Small Job Excavation (Tim Daniels)
Bond received (Reviewed by legal counsel)

August 5, 2026

Manifests:
1. Payroll: $ 33,922.67
2. Vendor: $ 321,556.84

Zoning Compliance Application(s):

1. 2026-35 Griffin, Erika & Todd 220-035-000-00BG-00004
Brookside Road
Description: 58x27 3BR-SF Home with attach garage

2. 2026-37 Mayberry, Brad & Tracy 246-009
Notchway Rd

Description: 72x60 3BR-SF Home with attach garage

Property Tax Abatement
41. PID: 240-111
$132.00 plus accrued interest

Property Tax Abatement Refund
2. PID: 206-021

$189.51

Underground Utility Conduit

Applicant: NH Electric Co-Op

Road Location: Cuttyhunk Road
Conditions:

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August 5, 2026 Page 2 of 9


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1. Crossing shall be installed consistently with burial depths described in the NHEC design
manual.

2. Excavator shall use existing material to backfill with to minimize the risk of differential
heaving.

3. Contractor shall be responsible for the quality of work for one winter season to ensure there
are no problems after going through a winter season.

Tax Deeded Property Buy Back
PID: 205-002

MOTION: “To approve the July 22, 2026, and August 5, 2026, consent agendas presented.”
Motion: M. Peltier
Second: M. Peabody
Discussion: None
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

PUBLIC COMMENT(S):

David Rardin stated he is running for State Representative and wanted to introduce himself. He
stated he is looking to bring concerns from local Boards to the State level for possible changes. The
Board thanked him for attending.

Ken Wolffe expressed his concern with the look of the Mad River Cemetery since the tree removal.
He stated he is advocating for improvements at the cemetery and asked that these improvements be
budgeted for in 2027. The Board thanked K. Wolffe for his comments and reviewed that there are
funds in the CIP for improvements that are scheduled to occur in the next year. This includes a new
fence, and landscaping.

NEW BUSINESS:
Capital Project Review with Department Heads (NOTE: Highway & Police have no new projects for
review)

« 4:15 PM Transfer Station (2 projects)
TSM Levasseur reviewed that the Pole Barn project has changed in price and is being resubmitted
with the new number; the year of the project has not changed.

He stated the second project is for 2028 and is the refurbishment of the oil burner in the recycling
building. Discussion occurred regarding using any remaining funds from 2026 for the oil burner and
TSM Levasseur stated repairs to garage doors are also needed as well as other small projects that
those funds could be used for.
MOTION: “To approve the addition of the two (2) projects as presented into the CIP.”

Motion: P. Laufenberg

Second: M. Peltier

Discussion: None.

Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

DEPARTMENT HEAD REPORTS & OTHER COMMUNICATION AS APPLICABLE:

TA Maurin reviewed that a letter from Fire Chief Defosses was received regarding the possible
donation of Engine 4 to Easton, NH. The trade in value of the truck is very low, and the Town of
Easton needs one. The Board had no concerns with the donation of Engine 4 to the Town of
Easton, NH.

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NEW BUSINESS (continued):
Capital Project Review with Department Heads (NOTE: Highway & Police have no new projects for
review)

« 4:30 PM Fire Dept. (1 project)
Fire Chief Dan Defosses (via Zoom) reviewed that he would like to begin the conversation on
improvements to the fire station, which would include an addition. He stated there are no immediate
plans for this, but it is coming and he would like to start adding money into the CIP at some point.

P. Laufenberg asked Chief Defosses if he was the one initiating this discussion, and Chief Defosses
stated yes; Campton and Ellsworth have also been given the same information that the Board has
before them. Lengthy discussion occurred on the need for more information and plans for the
addition. All agreed that more information is needed before a number can be added into the CIP;
initial architectural/engineered plans can be looked at and developed in order to determine what is
actually needed for the fire station.

MOTION: “To not add the Fire Station Addition into the CIP at this time.”
Motion: P. Laufenberg
Second: M. Peltier
Discussion: The Board agreed that it was too premature to add the item into the CIP at this
time. The topic may be discussed later, once more information is available.
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

PUBLIC COMMENT:

Sally Davis (via Zoom) stated that the information given in the public meeting regarding what trees
were being cut at Mad River Cemetery was not correct, as she felt that several of the trees that were
removed could have bene trimmed and did not appear to be in bad shape. She asked that
something green be planted where the trees were cut down.

S. Babin thanked S. Davis for her comments and would pass them along to the cemetery
superintendents.

5:00 PM Ballot Clerk/Inspector of Election potential appointment interviews
(NOTE: Democratic party has appointed 2 Inspectors of Election; Republican party has not made
any appointments as of July 15; pursuant to RSA 658:2, the BOS shall appoint equal representation
from each party)
e 5:00 PM Marlene Rivers (R)
e 5:10 PM Charles Cheney (R) ~
MOTION: “To appoint Marlene Rivers and Charles Cheney as Inspectors of Election for the
Republican Party.”
Motion: P. Laufenberg
Second: S. Babin
Discussion: M. Peabody swore in M. Rivers and C. Cheney
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

COMMUNICATIONS AND MAIL
Concerned Citizen Correspondence (if applicable):
e From T. Ham re: Health Officer
M. Peabody, as Health Officer, stated the concerned citizen report and her response were sent in
the read-ahead materials.

Board of Selectmen Meeting Minutes
August 5, 2026 Page 4 of 9


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DEPARTMENT HEAD REPORTS & OTHER COMMUNICATION AS APPLICABLE (continued):
July reports were sent via email on 8/3/2026. No further action was taken.

M. Peabody removed herself from the Board and acted as Health Officer.

Health Officer discussion re: two recent cases

M. Peabody reviewed that an order was sent to the property owner of PID 227-00 regarding the
refusal to address public health concern with an individual living out of a box truck. She stated she is
seeking the BOS to agree to be the Board of Health to affirm the order that was given. She read the
letter requesting this into the record.

“Dear Members of the Board,

| am writing to formally notify the Board of Selectmen that the RSA 147 Order issued on July
16, 2026 remains unabated and is being ignored by the responsible parties. The violation
involves a young male residing in a box truck at US Route 3, PID 227 001, with the property
owner's permission. This box truck is being used for human habitation without water, sewer,
or sanitary facilities, and is in direct violation.

Town Attorney’s Recommendation

Town counsel recommended that the Town consider adopting stronger local health
regulations to accompany RSA 147. | appreciated this suggestion, as supplemental
regulations can help clarify procedures and provide additional structure for enforcement. At
the same time, it is important to note that such local regulations would function only as
additions to the statutory requirements already established under RSA 147; they would not
replace or supersede State Law. Local Health Regulations would be proposed by the Health
Department and approved through public hearing by the Board of Selectmen. | am receptive
to Town Council’s recommendation and will proceed upon receiving the Board's prior
authorization.

| also contacted the NH Municipal Association Legal Division; they recommend RSA 147:16a

Enforcement

Under RSA 147, any place used for human habitation must meet minimum sanitary
standards. The box truck in question lacks: Portable water, sewage disposal, and sanitary
facilities.

These deficiencies constitute a public health nuisance under RSA 147:10

Abutter Complaint

An abutter has filed a written complaint. | requested that he do so in writing, so the Board
can see that | am not picking on any particular person. The abutter's verbal complaint was
reported to me by phone on June 18, 2026.

Property Owner Allegations
The property owner has alleged that enforcement constitutes “picking on them”. This is
incorrect.

Under New Hampshire law, when a Health Officer receives a complaint about a potential
public health nuisance or unsanitary condition, the Health Officer is required by statute to
investigate. This requirement applies regardless of whether the complaint is written or verbal.
It is neither optional nor discretionary. | spent many hours confirming this was happening

Board of Selectmen Meeting Minutes
August 5, 2026 Page 5 of 9


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before issuing the order. However, in the property owner's written complaint, they admit they
are allowing habitation in the box truck. | have attached pictures for confirmation.

My involvement in this matter is solely the result of a formal complaint and statutory
obligations requiring investigation, as well as enforcement when a violation is confirmed.

This enforcement action is based entirely on state law requirements, not personal preference
or selective treatment.

Under RSA 128:3, | am formally requesting that the Board of Selectmen join me in acting as
the Board of Health regarding the ongoing box truck habitation matter. Because this issue
involves statutory public-health obligations under RSA 147, | respectfully request that the
Board's minutes clearly reflect whether the Board agrees to act in this capacity or declines to
do so. This clarification is necessary for the administrative record and will guide my next
steps, including any obligation | may have to seek assistance from the appropriate State
agencies if local action is not taken. | want to reassure everyone that | simply have to follow
the process required under state law.

The property owners feel the current arrangement is acceptable, especially since | have been
required to step in twice, with this same situation in November 2025 on another parcel owned
by the same property owner. That complaint was an agency referral. In this situation, the
abutter's written complaint suggests that this has been occurring for three years. If
enforcement is declined, | am obligated to file a Notice of Municipal Non-Support and forward
the full record to the appropriate state authorities, including the New Hampshire Department
of Health and Human Services, State Health Officer, Division of Public Health Services, NH
DES Subsurface Systems Bureau, NH Department of Environmental Services, along with the
New Hampshire Attorney General's Bureau of Public Health, Again, this step is not meant to
be punitive or personal, it is simply the next action for the record to show the Thornton Health
Department followed through as the statute requires.

My responsibility is to ensure compliance with all applicable public health statutes.

Respectfully submitted,
Marianne Peabody, Health Officer, Town of Thornton”

Discussion ensued regarding the procedures of the BOS when they needed to act as the Board of
Health. M. Peabody stated that in her time as Health Officer in Thornton, she has never had to take
this action of issuing an order. S. Babin questioned what recourse the property owner has regarding
the Board of Selectmen, and M. Peabody stated if the property owner wishes to appeal the order
given by the Health Officer, they must bring the matter to District Court.

Lengthy discussion continued regarding procedures and what evidence was being given to warrant
the issuance of an order from the Health Officer. M. Peabody stated that she is looking for the
Board’s support on the order in writing; regardless of this support, the matter will be going to the
State level.

S. Babin asked if the Board would be afforded time to consult with legal counsel before issuing a
decision to support the order, and M. Peabody commented that the Town’s legal counsel is not
versed in the State’s health laws. Lengthy discussion continued.

P. Laufenberg commented that the Health Officer is the head of the Health Department in the Town
of Thornton, and if the Health Officer made a recommendation, he would support it as he would
support other department head’s recommendations.

Board of Selectmen Meeting Minutes
August 5, 2026 Page 6 of 9

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S. Babin asked if the BOS needed to meet separately as the Board of Health and notice the meeting
according to state statute and asked if legal counsel could be consulted prior to making the decision
to support or not support the order. After discussion, M. Peabody stated the BOS will-not be given
any additional time to consult legal counsel; the status of the Board’s support will not change the
order given. ‘

P. Laufenberg asked for clarification on the procedures needed for the BOS to act as the Board of
Health.

TA Mahurin read RSA 128:3.
“RSA 128:3 Secretary of Local Board. — The health officer shall be the secretary and
executive officer of, and, with the selectmen, shall constitute the local board of health for the
town. The local board of health for each town shall meet at least once every year, and as
frequently as needed, to review the state of local public health issues and concerns and
provide information, as requested, to the department of health and human services, on the
readiness to address relevant public health threats at the local or regional levels.”

TA Mahurin commented that the RSA states the Heath Officer and BOS shall constitute the Board of
Health. The BOS are already the Board of Health. Lengthy discussion ensued on the statutory
requirements of the BOS as the Board of Health, and the process that occurred with the order given
by the Health Officer.

M. Peltier commented that he trusts the recommendations of the Health Officer as head of the
Department of Health and stated that health concerns are not governed by the BOS as they are not
covered in the Thornton Zoning Ordinance. Health concerns fall under the State and are enforced
by the appointed Health Officer; if an order is issued by the Health Officer, the State then is the
enforcement.

M. Peltier asked if there was anything preventing the BOS from inviting the property owner to come -
and speak to the Board, and M. Peabody stated no. However, the order has been given and
enforcement is now at the State level; it is not appealable to the Town.

No further action was taken by the Board.

OTHER BUSINESS:

Transfer Station Usage

TSM Levasseur commented that there have been a few instances of non-property owners using the
transfer station with confirmed permission from property owners. He asked for guidance from the
Board on how this is to be handled moving forward, as stickers for vehicles are non-transferable.

After discussion, the Board advised that instances be handled on a case-by-case basis and that
TSM Levasseur has the right under Administrative Rules to deny use of the transfer station if a
patron is not following the rules as posted. The Board advised TSM Levasseur to come back to the
Board if misuse becomes a larger concern that needs to be addressed.

TSM Levasseur commented that he thanked the Fire Department for their response to a fire at the
transfer station last week. He stated everything was taken care of professionally and that all staff
involved, including transfer station staff, acted appropriately and quickly to stop the fire.

The Board expressed their thanks to the fire department and transfer station staff for the actions
taken.

Board of Selectmen Meeting Minutes
August 5, 2026 Page 7 of 9


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OLD BUSINESS:

Further discussion re: potential commercial storage property located on Mad River Road

M. Peltier stated he and S. Babin will speak with the property owner regarding the concerned citizen
form submitted.

Further discussion re: potential “junk yard” property on Mountain View Drive

M. Peltier stated he visited abutting properties with permission and obtained photos of the site. He
stated he feels that the property meets the threshold for a junkyard and advised that a letter be sent
to the property owner to meet with the Board to discuss the state of the property.

M. Peabody commented that there is a separate health concern on the same property and a cease-
and-desist letter had been sent and a posted notice was placed on the property according to state
statute.

S. Babin commented that he had spoken to the property owner who acknowledged they had
received the letter from the Health Officer and the concerns were being addressed. He stated the
property owner has given him permission to share their contact information with the Health Officer
and the Board to help mitigate the concerns.

P. Laufenberg stated he would still recommend a letter be sent to the property owner regarding the
junkyard concern and the Board agreed. The property owner will be asked to attend the BOS
meeting on September 16, 2026, to address the concern and if they do not attend, a $275.00 per
day fee will be assessed for violating the Zoning Ordinance.

Shawn Magoon, abutter to the subject property, questioned the registrations of the vehicles and
trailers on the property, and presented photos showing another vehicle being placed on the property
recently.

The Board thanked S. Magoon for his submission and M. Peltier stated he will ask about this when
he speaks to the property owner.

S. Babin commented that another concerned citizen complaint was submitted by D. Mclver for
another possible junkyard, and the Board acknowledged its receipt. P. Laufenberg and M. Peltier
will follow up on this complaint and report back to the Board.

REMINDER OF SELECTMEN SUMMER MEETING SCHEDULE
« Consent agenda items will still be signed every 2 weeks as usual. — Regular meeting
schedule to resume in October.
o September 16

NON-PUBLIC SESSION 1, PURSUANT TO RSA 91-A: 5 (IX)
Review & signing of additional Cyber Security procedures
MOTION: “To enter non-public session 1 at 6:59 p.m.”

Motion: P. Laufenberg

Second: M. Peabody

Discussion: None

Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

Please see the non-public session 1 meeting minutes of August 5, 2026

MOTION: “To exit non-public session 1 at 7:01 p.m.”

Board of Selectmen Meeting Minutes
August 5, 2026 Page 8 of 9


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Motion: P. Laufenberg

Second: M. Peabody

Discussion: None

Motion Passes: 4 — Yes, 0 — No, 0 - Abstained

NON-PUBLIC SESSION 2, PURSUANT TO RSA 91-A: II (c)
Review & signing of tax deeded property buyback purchase and sale agreement
MOTION: “To enter non-public session 2 at 7:02 p.m.”

Motion: P. Laufenberg

Second: M. Peabody

Discussion: None

Motion Passes: 4 — Yes, 0 — No, 0 - Abstained

Please see the non-public session 2 meeting minutes of August 5, 2026

MOTION: “To exit non-public session 2 at 7:03 p.m.”
Motion: P. Laufenberg
Second: M. Peltier
Discussion: None
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

ADJOURNMENT:
MOTION: “To adjourn the meeting at 7:04 p.m.”
Motion: P. Laufenberg
Second: M. Peabody
Discussion: None
Motion Passes: 4 — Yes, 0 — No, 0 — Abstained

Respectfully submitted,
Kerrin Randall
Board Secretary

Board of Selectmen Meeting Minutes
August 5, 2026

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