Chichester Board of Selectmen
SELECTMEN’S MINUTES
July 27, 2004
PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens
Chairman Colbert opened the meeting at 7:00pm.
SUBJECT: Department Heads
PRESENT: Mike Paveglio, Deputy Fire Chief, Dave Paveglio, Building Inspector, David Kenneally, Road Agent
HYW – Blackman Road and Lovers Lane have been ditched and graveled.
Mr. Kenneally is preparing for work on Hutchinson Road. He plans for the department to replace the smaller culverts, but the larger one, located near the Ruoff residence, will have to be hired out. This will also mean the road will need to be closed for possibly two days. Deputy Paveglio stated the fire department will need as much advance notice as possible so that mutual aid can be notified to cover this area during the road closure.
The scratches and dent on the new International truck have been taken care. The Donovan Company (where the truck was delivered to), hired A-1 Auto Body to make the repairs.
Selectman MacCleery asked the Road Agent if the excavator was used to screen the loam and gravel and if so, was this standard procedure. Mr. Kenneally explained that the process was much faster and more efficient with a greater volume being processed in a shorter amount of time.
Selectman MacCleery asked the Road Agent if he had approval to open up the area around the town shed.
Mr. Kenneally has contacted his insurance company regarding the policy date for his Certificate of Insurance. Mr. Kenneally was misinformed, his belief was that his coverage began the day he contacted the office; however that is not the case when handling commercial insurance. Commercial insurance does not become effective until the day the policy is picked up and signed by the recipient.
BI - Mr. Paveglio informed the Board that Mr. Merullo has paid his impact fee and the building permit has been issued. Mr. Paveglio is still working on the commercial application and after receiving communication from regional planning, may add information regarding asbestos removal.
All twelve building permits are gone for this year and there are three already on the list for next year.
Mr. Paveglio informed the Board that the next meeting of the wetlands subcommittee is scheduled for August 23, 2004.
FD- Deputy Paveglio would like to establish a numbering ordinance. Many residences do not have visible house numbers. This is a safety concern as time is lost searching for the correct home. Mutual Aid is often used and this makes it especially difficult with vital response time lost.
Selectman MacCleery asked if it was possible to have the fire department burn the Shaw Field, and if so would money need to be budgeted for this purpose. Deputy Paveglio responded by stating, yes the field can be burned by the fire department as a training exercise, and it would not be necessary to separately fund such an exercise. What time of year and proximity to boundaries were discussed. Selectman MacCleery will keep it in mind for next spring.
The Board asked Mr. Paveglio what his thoughts were after reviewing the plans for a fire pond on the Austin property. Mr. Paveglio’s comments were, the pond is not for fire protection to the proposed elderly housing because a water source at the bottom of the hill is no good, it will not protect the houses on the top of the hill. The pond will be a resource the fire department can draw from for everyone else.
SUBJECT: Hess Corporation – Lighting Violation
PRESENT: Andy Lautenbacher; Northern Permit Manager; Real Estate Division, Department Heads
Mr. Lautenbacher introduced himself to the Board of Selectmen and apologized for the lack of response the Town has received from Hess regarding this violation. He explained to the Board that this was now in his hands. Chairman Colbert gave a brief synopsis of the status of this complaint. Overall square footage allowed at this site for illuminated signage is sixty-four square feet. According to the measurements taken by the Selectmen, the station is grossly over in all signage, not just illuminated. Numerous correspondences have been sent to Hess. As a result to receiving no response from Hess to the certified letter dated July 8, 2004, effective Wednesday, July 21, 2004, the Hess Corporation is being fined one hundred dollars ($100.00) per day penalty, pursuant to The Town of Chichester Zoning
Ordinances, Article VIII, Penalty. The Board expressed their frustration with the lack of response from the Hess Corporation for what appears to be a gross violation in both the signage allowance and the amount of illumination. Selectman DeBold pointed out that nowhere on the site plan, does it state the canopy will be illuminated. The canopy is the largest offender of light trespass.
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Mr. Lautenbacher offered to make immediate adjustments to the property. Mr.
Lautenbacher agreed to shield all yard lights and make arrangements with an electrician to shut off the backside of the canopy. Mr. Lautenbacher stated that the site plans should have indicated the canopy is illuminated as this is standard in all Hess designs.
Selectman MacCleery pointed out that the Hess Station in Concord does not have a lit canopy.
Mr. Lautenbacher explained that that station was not an original Hess Station; it was an old Merit Station that Hess acquired. Mr. Lautenbacher asked the Board for three weeks to get all the changes in place and allow him to research the building project information. He asked if indeed the original plans were not approved for a lighted canopy, could the Hess Corporation apply for a variance. The answer was yes. Chairman Colbert again stated the amount of square footage allowed per zoning was sixty-four feet; that sixty-four feet can be anywhere on the property. Chairman Colbert recommended that a representative from the Hess Corporation take their own measurements.
Selectman MacCleery suggested that Hess could shut off the canopy now, and then apply to the Board of Adjustment for a variance.
Mr. Lautenbacher does not know the intricacies of the lighting, he will have to hire an electrician, but he can get the ID lights off until this is resolved and have the canopy shut off by the end of the week.
The Selectmen indicated the advertising signs for food and beverages have been toned down and are acceptable as long as they stay up at the building and not all along Route 4. The Board agreed to levy the penalty effective July 21, 2004 through July 27, 2004. The Board has the discretion to waive this penalty if the situation is resolved in a timely and equitable manner.
In summary, Mr. Lautenbacher agreed to have the canopy lights shut off by July 31, 2004, and to shield the yard lights by August 24, 2004. In addition, Mr. Lautenbacher will contact the Board of Selectmen, in writing, no later than August 24, 2004, with his findings. Once again, Mr. Lautenbacher apologized for the lack of response given to the Town in the past.
Subject: Driveway Relocation
Present: Mr. & Mrs. Fuat Ari , David Kenneally, Road Agent
Mr. & Mrs. Ari began construction of the driveway, on their lot on Hilliard Road. The Ari’s have relocated the driveway so it is not constructed over the wetlands. The Road Agent stopped the contractor from working on the driveway because the contractor was
crossing land of an abutter to access this new location. The Ari’s have come before the Board previously on this subject because as the road is laid out on the subdivision plan, is not how the road actually exists.
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This results in the Ari lot not having two hundred feet of frontage and the new location for the driveway requires access across another landowner’s property, in this case, the towns. Discussion followed on options to correct the situation. The Ari’s have purchased what they believed to be a buildable lot, have received a legitimate driveway permit and building permit from the town. The Ari’s could obtain the necessary permits from the wetlands bureau and locate the driveway, which would be longer, across the wetlands, or the town, being owners of the Flanders property by tax deed, could grant a fifty foot right of way easement to the Ari’s. The Board would be willing to consider such a proposal should the Ari’s wish to assume the cost of drawing up the
easement. Mr. Kenneally arranged to meet Mr. Ari on the site, the following day; to take the necessary measurements and the Ari’s will meet back with the Selectmen next week to review the easement document.
SUBJECT: Fire Pond
PRESENT: Mr. Joseph Austin
Mr. Austin is scheduled to meet with the Board of Adjustment on Wednesday, July 28, 2004. In the past, the Board of Adjustment has asked for documentation in writing. Mr. Austin is requesting the Board of Selectmen give their recommendation for his pond to the Board of Adjustment in writing. The Selectmen believe any fire pond is a welcome benefit to the town provided it is properly constructed. Chairman Colbert asked Mr. Austin if his design included a drafting pit. The response was yes. Selectman MacCleery abstained from making his recommendation due to his position as ex-officio on the Board of Adjustment. Mr. Austin stated he is installing a sprinkler system in his building project; it will be a selling asset. The pond will be used and accessed by the fire department. Chairman Colbert and Selectman DeBold agreed the fire pond would be an asset to the town, but in no way does this endorsement influence the building project. The Selectmen directed Lisa to draft a letter
for Mr. Austin and have it available for him for tomorrow.
GENERAL BUSINESS/BOARD DISCUSSION:
An explanation of Mr. Mayville’s bill for moving the excavator was needed. Chairman Colbert called Mr. Kenneally for clarification. The cost associated on Mr. Mayville’s invoice for the excavator was delivery to and from the job site. Mr. Kenneally told the Chairman this cost is substantially lower than what is charged by the WD Matthews Company.
The Board signed payroll and accounts payable.
The minutes of July 20, 2004 were approved as corrected.
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Legal correspondence, mail and e-mail were reviewed. Selectman MacCleery was the Board of Adjustment representative who certified the record for the upcoming court case. He should be the one to represent the town in court. He may have a work conflict and it has not been decided yet as to whom from the Board of Adjustment will go. The Board of Adjustment is meeting tomorrow night and the decision will be made at that time. Lisa asked to remind whoever is going to contact the attorney on Thursday morning.
The Selectmen would like the following language added to the proposed conservation easement on the Ferman property; the Board would be in favor of the pond if it was designed with a drafting pit, and the fire department was allowed year round access to the pond. Once those changes were included, Mr. Andrews may forward to the town attorney.
The Board reviewed the Conservation Commissions brochure for Old Home Day. Selectman DeBold will contact Mr. Andrews with the Board’s suggestions.
The Selectmen’s Office is still receiving complaints about the availability and response from the planning department. The Board asked Lisa to start a log and begin the practice of dating and receipting what is dropped off for the Planning Board.
Being no further business, the Chairman adjourned the meeting at 10:35pm.
Respectfully submitted,
Lisa Stevens
Administrator
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Chairman Colbert
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Richard DeBold
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Stephen MacCleery
APPROVED AS CORRECTED
8/3/04
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