GILFORD — The state commissioner of transportation has rejected a petition from selectmen to discontinue the portion of Route 11-B that merges into Route 11-A so the town can build a memorial park and erect a flag pole.

In a letter dated June 7 and sent to selectmen, Commissioner Christopher Clement, Sr. said that while he appreciated the desire of the town to create a memorial triangle park and agreed with many of the legal statements in the petition, he is concerned with the safety of the proposal and would not grant the petition.

According to N.H. RSA 230:55-62, a petition to the commissioner of transportation is the way to get a state highway discontinued.

Specifically, Clement said the "short-comings" include the design proposal and traffic volume, truck movements, turning lanes, signage and safety. He said the layout and drainage of the proposed park needs more development and since the proposal would require the use of public money, it would need right-of-way assessments, environmental impact studies and more engineering.

"Well at least they didn't say 'no,' said Selectman John O'Brien, who first came up with the idea to move an existing phone pole, erect a flag pole near the same spot, and build a small memorial to honor the Gilford residents who have served in the town's police and fire departments. He said last week that he came up with the idea because the area within the triangle isn't used for anything.

O'Brien's initial intent was to have the flag pole and memorial finished before the 10th anniversary of the 9/11, and in July of 2011, selectmen authorized a fundraising campaign that has raised about $3,000 to date, the amount the town initially estimated it would cost for the memorial.

At some point, selectmen decided that creating a single "T" intersection with Route 11-B (or Intervale Road) ending in one spot on Route 11-A (Cherry Valley Road) would allow the town to discontinue the Route 11B merge lane (the western side of the triangle) and tear up the existing pavement. In November of 2011, the selectmen authorized the expenditure of up to $9,200 for engineering of which about one-third remains unspent.

The petition for the discontinuance also said that with the pavement gone, the town would merge the lot that is now inside the triangle with the lot to the immediate west of the triangle. It owns both although the state holds the right-of-ways.

When the town broached the idea with the state by applying for a driveway permit, the state balked — citing most of the above reasons for wanting more research. Eventually, Public Service of New Hampshire agreed to erect a pole outside the triangle however, FairPoint Communications has yet to move the wires from the old pole inside the triangle to the new pole outside of it.

Representatives of the Department of Transportation have said they support the idea of a "T" intersection and Clements in his letter denying the petition for road closure suggested that Town Administrator Scott Dunn arrange a meeting with DOT District 3 Engineer Mark Morrill and Municipal Engineer Nancy Mayville to come up with a solution.

Selectman Kevin Hayes, an engineer, told Dunn that he wanted to be the selectman who participates in the meeting.

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